NCJ Number
99302
Date Published
1982
Length
34 pages
Annotation
This paper examines traditional and modern law relating to 'treasure trove' in Great Britain and considers proposed reforms aimed at enhancing the archeological preservation of the national heritage.
Abstract
Traditionally, treasure from the earth belonged to the Crown, and latter-day laws of forfeiture have their origin in this feudal principle. Although in Victorian times laws were modified to facilitate the protection of archeological finds, these changes protect only a small portion of the objects under the definitions of treasure trove. Current laws offering limited protection include the 1980 Ancient Monuments and Archeological Areas Act, the Criminal Damage Act of 1971, and the Theft Act of 1968. A bill currently under consideration would provide better protection for small antiquities discovered in the ground and elsewhere and extends the range of objects covered under treasure trove. However, this bill will increase considerably the police workload, and has broad, vague language which will constitute serious problems in enforcement. The paper suggests that a better approach to antiquities preservation would be to create a new, more comprehensive statute for the preservation of items of archeological interest. Appendixes include texts of current laws and directives about treasure hunting and the use of metal detectors, as well as the proposed antiquities bill. Also included are 17 notes and 16 references.