Amateur treasure hunter finds £25,000 Anglo-Saxon bejewelled cross

[Blackleaf]

An amateur treasure hunter armed only with a metal detector has discovered a 1500 year old Anglo-Saxon (early English) cross worth a stonking £25,000.

The cross dates from the 600s and was found on a farm in Nottinghamshre...

Amateur treasure hunter finds £25,000 bejewelled cross in field with metal detector


By Daily Mail Reporter
06th August 2008
Daily Mail

A pure gold cross dating from the 7th century has been discovered by a man with a metal detector.

The inch-long piece of Anglo Saxon jewellery is made out of 18-carat gold and was probably worn as a pendant.

Experts believe the English-made piece could be worth at least £25,000.

It is thought the cross, which is decorated with fine detail and adorned with red gemstones, might have originally held a religious relic. Two of the four gemstones and any relic are missing.

A treasure hunter found an Anglo-Saxon cross in a field in Nottinghamshire

It is made with gold probably melted down from Merovingian French coins.

Two of the red cabochon gemstones are missing as is the relic that would have been kept in its centre.

The red stones are among the world's most ancient gems and were used by ancient Greeks who called them granatum, the same word they used for pomegranate seeds.

The anonymous finder discovered the 1,400-year-old cross just 12 inches beneath the sod on a farm in Nottinghamshire.

He had already unearthed a Saxon penny and beaten copper plate before probing deeper.

'Instinctively I put down the digger and scraped gently at the soil with my gloved hand,' he said.

'Then I made contact with a piece of metal that made me want to remove my glove. It seemed warm, almost alive, to my touch.

'My fingers closed on it and when I opened them I was gazing down, literally with my jaw dropped in astonishment, at the most wonderful find I've ever recovered.

'The actual moment of the discovery remains as sharp as ever in my memory, but the remainder of the day, even the next few days, have since become a blur thanks to my excitement.'

The bejewelled cross may have been worn as a pendant


The finder rushed to show his find to the farm's owner.

'Farmers being farmers, he didn't show quite the same excitement as he might have displayed if I'd shown him a prize-winning cow, but he seemed quite pleased,' he said.

He handed the find to a coroner who declared it as treasure trove at an inquest. This means the finder will get half the proceeds of a sale. He is likely to split his earnings with the farmer.

The specific location of the find is being kept secret for fear that so-called 'nighthawks' will descend on it in case there is anything else to be found.

dailymail.co.uk

 

[quandary121]

But guess what ....IT IS NOW THE POSSESSION OF THE QUEEN and the guy who found it will receive a pittance for his trouble as all finds are listed as treasure trove..
or will fall under this new ACT "the treasure act 1996
THE TREASURE ACT

Information for finders of treasure
(England and Wales)
The Treasure Act 1996 comes into force on 24 September 1997 in England, Wales and Northern Ireland, replacing the common law of treasure trove.
This leaflet provides a summary of the main points of the new law: further information will be found in the Code of Practice on the Treasure Act which can be obtained free of charge from the Department of Culture, Media & Sport (Tel.: 0171 211 6200). Metal detectorists are strongly advised to obtain a copy of the Code of Practice which, among other things, contains guidance for detectorists, sets out guidelines on rewards, gives advice on the care of finds and has lists of useful addresses.
A separate Code of Practice and leaflet has been prepared for Northern Ireland. A Welsh language version of this leaflet can be obtained from the Department of Culture, Media & Sport or the Welsh Office.
What is the new definition of treasure?
The following finds are treasure under the Act (more detailed guidance is given in the Code of Practice):
1. Objects other than coins: any object other than a coin provided that it contains at least 10 per cent of gold or silver and is at least 300 years old when found. (Objects with gold or silver plating normally have less than 10 per cent of precious metal.)
2. Coins: all coins from the same find provided they are at least 300 years old when found (but if the coins contain less than 10 per cent of gold or silver there must be at least 10: there is a list of these coins in the Code of Practice).
An object or coin is part of the same find as another object or coin if it is found in the same place as, or had previously been left together with, the other object. Finds may have become scattered since they were originally deposited in the ground.
Only the following groups of coins will normally be regarded as coming from the 'same find': (a) hoards, which have been deliberately hidden; (b) smaller groups of coins such as the contents of purses, which may have been dropped or lost and (c) votive or ritual deposits.
Single coins found on their own are not treasure and groups of coins lost one by one over a period of time (for example those found on settlement sites or on fair sites) will not normally be treasure.
3. Associated objects: any object, whatever it is made of, that is found in the same place as, or that had previously been together with, another object that is treasure.
4. Objects that would have been treasure trove: any object that would previously have been treasure trove, but does not fall within the specific categories given above. These objects have to be made substantially of gold or silver; they have to have been buried with the intention of recovery and their owner or his heirs cannot be traced.
The following types of find are not treasure:

• objects whose owners can be traced;
• unworked natural objects, including human and animal remains, even if they are found in association with treasure;
• objects from the foreshore which are not wreck.

If you are in any doubt, it will probably be safest to report your find.
What about objects found before the Act came into force?
You should report objects that come into the four categories just described if they are found after 23 September 1997. There is no need to report any objects found before that date unless they may be treasure trove (see 4 above).
What should I do if I find something that may be treasure?
You must report all finds of treasure to the coroner for the district in which they are found either within 14 days after the day on which you made the find or within 14 days after the day on which you realised that the find might be treasure (for example, as a result of having it identified). The obligation to report finds applies to everyone, including archaeologists.
How do I report a find of treasure?
Very simply. You may report your find to the coroner in person, by letter, telephone or fax. The coroner or his officer will send you an acknowledgement and tell you where you should deliver your find. The Code of Practice has a list of all coroners with telephone and fax numbers.
There are special procedures for objects from a few areas for which treasure franchises exist, but they should be reported to the coroner in the usual way. The main franchise-holders (the Duchies of Lancaster and Cornwall, the Corporation of London and the City of Bristol) have confirmed that they will pay rewards for finds of treasure from their franchises in the normal way.
Where will I have to take my find?
You will normally be asked to take your find to a local museum or archaeological body. Local agreements have been drawn up for each coroner's district in England and Wales to provide the coroner with a list of such museums and archaeological organisations. The Department is publishing a series of leaflets, roughly one for each county of England and one for Wales, listing the relevant coroners, museums and archaeological services in each area.
The body which receives the find on behalf of the coroner will give you a receipt. Although they will need to know where you made the find they will keep this information confidential if you or the landowner wish and you should do so too.
The body receiving the find will notify the Sites and Monuments Record as soon as possible (if that has not already happened), so that the site where the find was made can be investigated by archaeologists if necessary. A list of Sites and Monuments Records is in Appendix 2 of the Code of Practice.
What if I do not report a find of treasure?
If you fail to report a find that you believe or have reasonable grounds for believing to be treasure without a reasonable excuse you may be imprisoned for up to three months or receive a fine of up to level 5 on the standard scale (currently £5,000) or both. You will not be breaking the law if you do not report a find because you do not initially recognise that it may be treasure, but you should report it once you do realise this.
What happens if the find is not treasure?
If the object is clearly not treasure, the museum or archaeological body will inform the coroner who may then decide to give directions that the find should be returned without holding an inquest.
What happens if the find is treasure?
If the museum curator or archaeologist believes that the find may be treasure they will inform the British Museum or the National Museums & Galleries of Wales. They will then decide whether they or any other museum may wish to acquire it.
If no museum wishes to acquire the find, the Secretary of State will be able to disclaim it. When this happens, the coroner will notify the occupier and landowner that he intends to return the object to the finder after 28 days unless he receives an objection. If the coroner receives an objection, the find will be retained until the dispute has been settled.
What if a museum wants to acquire my find?
If this happens, then the coroner will hold an inquest to decide whether the find is treasure. The coroner will inform the finder, occupier and landowner and they will be able to question witnesses at the inquest. Treasure inquests will not normally be held with a jury.
If the find is declared to be treasure then it will be taken to the British Museum or the National Museums & Galleries of Wales so that it can be valued by the Treasure Valuation Committee.
How do I know that I will receive a fair price for my find?
Any find of treasure that a museum wishes to acquire must be valued by the Treasure Valuation Committee which consists of independent experts. The Committee will commission a valuation from one or more experts drawn from the trade. You, together with the museum that wishes to acquire the find and any other interested party, will have an opportunity to comment on the valuation and to send in a separate valuation of your own, before the Committee makes its recommendation. If you are dissatisfied you can appeal to the Secretary of State.
What if the coroner or museum loses or damages my find?
They are required to take reasonable steps to ensure that this does not happen but, if it does, you should be compensated.
Who will receive the reward?
This is set out in detail in the Code of Practice. To summarise:

• where the finder has permission to be on the land, the rewards should continue to be paid in full to him or her (the burden of proof as to whether he or she has permission will rest with the finder). If the finder makes an agreement with the occupier/landowner to share a reward, the Secretary of State will normally follow it;
• if the finder does not remove the whole of a find from the ground but allows archaeologists to excavate the remainder of the find, the original finder will normally be eligible for a reward for the whole find;
• rewards will not normally be payable when the find is made by an archaeologist;
• where the finder has committed an offence in relation to a find, or has trespassed, or has not followed best practice as set out in the Code of Practice, he or she may expect no reward at all or a reduced reward. Landowners and occupiers will be eligible for rewards in such cases.

How long will it take before I receive my reward?
The Code of Practice states that you should receive a reward within one year of your having delivered your find, although this may take longer in the case of very large finds or those that present special difficulties. If no museum wants to acquire the find it should be disclaimed within 6 months or within 3 months if it is a single object.

http://www.britarch.ac.uk/cba/potant15.html

 

[quandary121]

Treasure Act 1996

1996 CHAPTER 24

ARRANGEMENT OF SECTIONS

Go to Preamble

1. Meaning of “treasure”
   1. 1. Meaning of “treasure”.
   2. 2. Power to alter meaning.
   3. 3. Supplementary.
2. Ownership of treasure
   1. 4. Ownership of treasure which is found.
   2. 5. Meaning of “franchisee”.
   3. 6. Treasure vesting in the Crown.
3. Coroners' jurisdiction
   1. 7. Jurisdiction of coroners.
   2. 8. Duty of finder to notify coroner.
   3. 9. Procedure for inquests.
4. Rewards, codes of practice and report
   1. 10. Rewards.
   2. 11. Codes of practice.
   3. 12. Report on operation of Act.
5. Miscellaneous
   1. 13. Application of Act to Northern Ireland.
   2. 14. Consequential amendments.
   3. 15. Short title, commencement and extent.

An Act to abolish treasure trove and to make fresh provision in relation to treasure.
[4th July 1996]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—


Meaning of “treasure”

1 Meaning of “treasure”

(1) Treasure is—
(a) any object at least 300 years old when found which—
(i) is not a coin but has metallic content of which at least 10 per cent by weight is precious metal;
(ii) when found, is one of at least two coins in the same find which are at least 300 years old at that time and have that percentage of precious metal; or
(iii) when found, is one of at least ten coins in the same find which are at least 300 years old at that time;
(b) any object at least 200 years old when found which belongs to a class designated under section 2(1);
(c) any object which would have been treasure trove if found before the commencement of section 4;
(d) any object which, when found, is part of the same find as—
(i) an object within paragraph (a), (b) or (c) found at the same time or earlier; or
(ii) an object found earlier which would be within paragraph (a) or (b) if it had been found at the same time.
(2) Treasure does not include objects which are—
(a) unworked natural objects, or
(b) minerals as extracted from a natural deposit,
or which belong to a class designated under section 2(2).
2 Power to alter meaning

(1) The Secretary of State may by order, for the purposes of section 1(1)(b), designate any class of object which he considers to be of outstanding historical, archaeological or cultural importance.
(2) The Secretary of State may by order, for the purposes of section 1(2), designate any class of object which (apart from the order) would be treasure.
(3) An order under this section shall be made by statutory instrument.
(4) No order is to be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
3 Supplementary

(1) This section supplements section 1.
(2) “Coin” includes any metal token which was, or can reasonably be assumed to have been, used or intended for use as or instead of money.
(3) “Precious metal” means gold or silver.
(4) When an object is found, it is part of the same find as another object if—
(a) they are found together,
(b) the other object was found earlier in the same place where they had been left together,
(c) the other object was found earlier in a different place, but they had been left together and had become separated before being found.
(5) If the circumstances in which objects are found can reasonably be taken to indicate that they were together at some time before being found, the objects are to be presumed to have been left together, unless shown not to have been.
(6) An object which can reasonably be taken to be at least a particular age is to be presumed to be at least that age, unless shown not to be.
(7) An object is not treasure if it is wreck within the meaning of Part IX of the [1995 c. 21.] Merchant Shipping Act 1995.
Ownership of treasure

4 Ownership of treasure which is found

(1) When treasure is found, it vests, subject to prior interests and rights—
(a) in the franchisee, if there is one;
(b) otherwise, in the Crown.
(2) Prior interests and rights are any which, or which derive from any which—
(a) were held when the treasure was left where it was found, or
(b) if the treasure had been moved before being found, were held when it was left where it was before being moved.
(3) If the treasure would have been treasure trove if found before the commencement of this section, neither the Crown nor any franchisee has any interest in it or right over it except in accordance with this Act.
(4) This section applies—
(a) whatever the nature of the place where the treasure was found, and
(b) whatever the circumstances in which it was left (including being lost or being left with no intention of recovery).
5 Meaning of “franchisee”

(1) The franchisee for any treasure is the person who—
(a) was, immediately before the commencement of section 4, or
(b) apart from this Act, as successor in title, would have been,
the franchisee of the Crown in right of treasure trove for the place where the treasure was found.
(2) It is as franchisees in right of treasure trove that Her Majesty and the Duke of Cornwall are to be treated as having enjoyed the rights to treasure trove which belonged respectively to the Duchy of Lancaster and the Duchy of Cornwall immediately before the commencement of section 4.
6 Treasure vesting in the Crown

(1) Treasure vesting in the Crown under this Act is to be treated as part of the hereditary revenues of the Crown to which section 1 of the [1952 c. 37.] Civil List Act 1952 applies (surrender of hereditary revenues to the Exchequer).
(2) Any such treasure may be transferred, or otherwise disposed of, in accordance with directions given by the Secretary of State.
(3) The Crown’s title to any such treasure may be disclaimed at any time by the Secretary of State.
(4) If the Crown’s title is disclaimed, the treasure—
(a) is deemed not to have vested in the Crown under this Act, and
(b) without prejudice to the interests or rights of others, may be delivered to any person in accordance with the code published under section 11.
Coroners' jurisdiction

7 Jurisdiction of coroners

(1) The jurisdiction of coroners which is referred to in section 30 of the [1988 c. 13.] Coroners Act 1988 (treasure) is exercisable in relation to anything which is treasure for the purposes of this Act.
(2) That jurisdiction is not exercisable for the purposes of the law relating to treasure trove in relation to anything found after the commencement of section 4.
(3) The Act of 1988 and anything saved by virtue of section 36(5) of that Act (saving for existing law and practice etc.) has effect subject to this section.
(4) An inquest held by virtue of this section is to be held without a jury, unless the coroner orders otherwise.
8 Duty of finder to notify coroner

(1) A person who finds an object which he believes or has reasonable grounds for believing is treasure must notify the coroner for the district in which the object was found before the end of the notice period.
(2) The notice period is fourteen days beginning with—
(a) the day after the find; or
(b) if later, the day on which the finder first believes or has reason to believe the object is treasure.
(3) Any person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to—
(a) imprisonment for a term not exceeding three months;
(b) a fine of an amount not exceeding level 5 on the standard scale; or
(c) both.
(4) In proceedings for an offence under this section, it is a defence for the defendant to show that he had, and has continued to have, a reasonable excuse for failing to notify the coroner.
(5) If the office of coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (1).
9 Procedure for inquests

(1) In this section, “inquest” means an inquest held under section 7.
(2) A coroner proposing to conduct an inquest must notify—
(a) the British Museum, if his district is in England; or
(b) the National Museum of Wales, if it is in Wales.
(3) Before conducting the inquest, the coroner must take reasonable steps to notify—
(a) any person who it appears to him may have found the treasure; and
(b) any person who, at the time the treasure was found, occupied land which it appears to him may be where it was found.
(4) During the inquest the coroner must take reasonable steps to notify any such person not already notified.
(5) Before or during the inquest, the coroner must take reasonable steps—
(a) to obtain from any person notified under subsection (3) or (4) the names and addresses of interested persons; and
(b) to notify any interested person whose name and address he obtains.
(6) The coroner must take reasonable steps to give any interested person notified under subsection (3), (4) or (5) an opportunity to examine witnesses at the inquest.
(7) In subsections (5) and (6), “interested person” means a person who appears to the coroner to be likely to be concerned with the inquest—
(a) as the finder of the treasure or otherwise involved in the find;
(b) as the occupier, at the time the treasure was found, of the land where it was found, or
(c) as having had an interest in that land at that time or since.
Rewards, codes of practice and report

10 Rewards

(1) This section applies if treasure—
(a) has vested in the Crown under section 4; and
(b) is to be transferred to a museum.
(2) The Secretary of State must determine whether a reward is to be paid by the museum before the transfer.
(3) If the Secretary of State determines that a reward is to be paid, he must also determine, in whatever way he thinks fit—
(a) the treasure’s market value;
(b) the amount of the reward;
(c) to whom the reward is to be payable; and
(d) if it is to be payable to more than one person, how much each is to receive.
(4) The total reward must not exceed the treasure’s market value.
(5) The reward may be payable to—
(a) the finder or any other person involved in the find;
(b) the occupier of the land at the time of the find;
(c) any person who had an interest in the land at that time, or has had such an interest at any time since then.
(6) Payment of the reward is not enforceable against a museum or the Secretary of State.
(7) In a determination under this section, the Secretary of State must take into account anything relevant in the code of practice issued under section 11.
(8) This section also applies in relation to treasure which has vested in a franchisee under section 4, if the franchisee makes a request to the Secretary of State that it should.
11 Codes of practice

(1) The Secretary of State must—
(a) prepare a code of practice relating to treasure;
(b) keep the code under review; and
(c) revise it when appropriate.
(2) The code must, in particular, set out the principles and practice to be followed by the Secretary of State—
(a) when considering to whom treasure should be offered;
(b) when making a determination under section 10; and
(c) where the Crown’s title to treasure is disclaimed.
(3) The code may include guidance for—
(a) those who search for or find treasure; and
(b) museums and others who exercise functions in relation to treasure.
(4) Before preparing the code or revising it, the Secretary of State must consult such persons appearing to him to be interested as he thinks appropriate.
(5) A copy of the code and of any proposed revision of the code shall be laid before Parliament.
(6) Neither the code nor any revision shall come into force until approved by a resolution of each House of Parliament.
(7) The Secretary of State must publish the code in whatever way he considers appropriate for bringing it to the attention of those interested.
(8) If the Secretary of State considers that different provision should be made for—
(a) England and Wales, and
(b) Northern Ireland,
or that different provision should otherwise be made for treasure found in different areas, he may prepare two or more separate codes.
12 Report on operation of Act

As soon as reasonably practicable after each anniversary of the coming into force of this section, the Secretary of State shall lay before Parliament a report on the operation of this Act in the preceding year.
Miscellaneous

13 Application of Act to Northern Ireland

In the application of this Act to Northern Ireland—
(a) in section 7—
(i) in subsection (1), for “section 30 of the Coroners Act 1988” substitute “section 33 of the [1959 c. 15 (N.I.).] Coroners Act (Northern Ireland) 1959”;
(ii) in subsection (3), for the words from “1988” to “practice etc.)” substitute “1959”;
(b) in section 9(2), for the words from “British Museum” to the end substitute “Department of the Environment for Northern Ireland”.
14 Consequential amendments

(1) In section 33 of the Coroners Act (Northern Ireland) 1959 (inquest on treasure trove), for “treasure trove” substitute “treasure”.
(2) In section 54(3) of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 (saving for rights in relation to treasure trove) for “in relation to treasure trove” substitute “under the Treasure Act 1996”.
(3) In Article 42 of the [S.I. 1995/1625 (NI).] Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (reporting of archaeological objects)—
(a) after paragraph (10) insert—
“(10A) This Article does not apply in relation to an object if the person who found it believes or has reasonable grounds for believing that the object is treasure within the meaning of the Treasure Act 1996.”;
(b) in paragraph (11)(a) for “treasure trove” substitute “any treasure within the meaning of the Treasure Act 1996”.
(4) Subsections (2) and (3)(b) have effect in relation to any treasure found after the commencement of section 4.
(5) Subsection (3)(a) has effect in relation to any object found after the commencement of section 8.
15 Short title, commencement and extent

(1) This Act may be cited as the Treasure Act 1996.
(2) This Act comes into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(3) This Act does not extend to Scotland.

http://www.opsi.gov.uk/Acts/acts1996/ukpga_19960024_en_1

 

[quandary121]

Ownership of treasure

4 Ownership of treasure which is found

(1) When treasure is found, it vests, subject to prior interests and rights—
(a) in the franchisee, if there is one;
(b) otherwise, in the Crown.