OCR Text |
Show A CURIOUS QUESTION. The curious question of treasure-trove has just been tried before the Civil Tribunal of Havre. A workman, some time back, in digging in the courtyard of a caf' at Lillebone? (Seine-Infericure), came on a splendid mosaic pavement about 27 feet long by 21 wide, dating, according to the inscriptions, from the second century of the Christian era. The ground is supposed to have been the site of a Roman temple, probably dedicated to Apollo or Diana, to judge from the hunting subjects and votive figures represented. The proprietors of the house sold the mosaic to M. [monsieur] Merle, of Paris, for 23,000 francs, but the workman who had discovered it made a claim to half of the sum, in accordance with article 716 of the Civil Code. The proprietor of the ground resisted this claim on the plea that the mosaic was not a treasure-trove in the meaning of the law, according to which a treasure-trove must be a meuble or chattel, and the term cannot apply to immeuble, or real property adhering to the suit. On the other hand, it was now pleaded, on behalf of the plaintiff, who did not contest the interpretation, first, that the mosaic was a chattel because it could be removed, and, in fact, was to be taken away by the purchaser; next, because the materials of an edifice become chattels after it has fallen to ruin. The court decided that as the pavement still occupied its original place, and had not lost its character of an immeuble, or real property, and did not constitute treasure-trove, that is to say, chattel hidden or buried, and which might be brought to light by chance. The claim of the workman was in consequence rejected, with costs. <br><br> Galignam's Messenger. |