TREASURE TROVE. Found treasure.
2. This name is given to such money or coin, gold, silver, plate, or bullion,
which having been hidden or concealed in the earth or other private place, so
long that its owner is unknown, has been discovered by accident. Should the
owner be found it must be restored to him; and in case of not finding him, the
property, according to the English law, belongs to the king. In the latter case,
by the civil law, when the treasure was found by the owner of the soil, he was
considered as entitled to it by the double title of owner and finder; when found
on another's property, one-half belonged to the owner of the estate, and the
other to the finder; when found on public property, it belonged one-half to the
public treasury, and the other to the finder. Lecons du Dr. Rom. §350-352. This
includes not only gold and silver, but whatever may constitute riches, as vases,
urns, statues, &c.
3. The Roman definition includes the same things under the word pecunia; but
the thing found must have a commercial value for ancient tombs would not be
considered a treasure. The thing must have been hidden or concealed in the
earth; and no one must be able to establish his right to it. It must be found,
by a pure accident, and not in consequence of search. Dall. Dict. Propriete,
art. 3, s. 3.
4. According to the French law, le tresor est toute chose cachee ou enfouie,
sur laquelle personne ne peut justifier sa propriete, et qui est decouverte par
lo pur effet du hasard. Code Civ. 716. Vide 4 Toull. n. 34. Vide, generally, 20
Vin. Abr. 414; 7 Com. Dig. 649; 1 Bro. Civ. Law, 237; 1 Blackstone's Comm. 295;
Poth. Traite du Dr. de Propreite, art. 4.
TREASURER. An officer entrusted with the treasures or money either of
a private individual, a corporation, a company, or a state.
2. It is his duty to use ordinary diligence in the performance of his office,
and to account with those whose money he has.
TREASURER. OF THE MINT. An officer created by the act of January 18,
1837, whose duties are prescribed as follows: The treasurer shall receive and
safely keep all moneys which shall be for the use and support of the mint; shall
keep all the current accounts of the mint, and pay all moneys due by the mint,
on warrants from the director. He shall receive all bullion brought to the mint
for coinage; shall be the keeper of all bullion and coin in the mint, except
while the same is legally placed in the hands of other officers, and shall, on
warrants from the director, deliver all coins struck at the mint to the persons
to whom they shall be legally payable. And he shall keep regular and faithful
accounts of all the transactions of the mint, in bullion and coins, both with
the officers of the mint and the depositors; and shall present, quarter-yearly,
to the treasury department of the United States, according to such forms as
shall be prescribed by that department, an account of the receipts and
dishursements of the mint, for the purpose of being adjusted and settled.
2. This officer is required to give bond to the United States with one or
more sureties to the satisfaction of the secretary of the treasury, in the sum
of ten thousand dollars. His salary is two thousand dollars.
TREASURER OF THE UNITED STATES, government. Before entering on the
duties of his office, the treasurer is required to give bond with sufficient
sureties, approved by the secretary of the treasury and the first comptroller,
in the sum of one hundred and fifty thousand dollars, payable to the United
States, with condition for the faithful performance of the duties of his office,
and the fidelity of the. persons by him employed. Act of 2d September, 1789, s.
2. His principal duties are, 1. To receive and keep the moneys of the United
States, and dishurse the same by warrants drawn by the secretary of the
treasury, countersigned by the proper officer, and recorded according to law.
Id. s. 4. 2. To take receipts for all moneys paid by him.
3. To render his account to the comptroller quarterly, or oftener if
required, and transmit a copy thereof, when settled, to the secretary of the
treasury. 4. To lay before each house, on the third day of each session of
congress, fair and accurate copies of all accounts by him, from time to time,
rendered to and settled with the comptroller, and a true and perfect account of
the state of the treasury. 5. To submit at all times, to the secretary of the
treasury and the comptroller, or either of them, the inspection of the moneys in
his bands. Id. s. 4. 3. His compensation is three thousand dollars -per annum.
Act of 20th February, 1804, s. 1.
TREASURY. The place where treasure is kept the office of a treasurer.
The term is more usually applied to the public than to a private treasury. Vide
Department of the Treasury o the United States.
TREATY, international law. A treaty is a compact made between two or
more independent nations with a view to the public welfare treaties are for a
perpetuity, or for a considerable time. Those matters which are accomplished by
a single act, and are at once perfected in their execution, are called
agreements, conventions and pactions.
2. On the part of the United States, treaties are made by the president, by
and with the consent of the senate, provided two-thirds of the senators present
concur. Const. article 2, s. 2, n. 2.
3. No state shall enter into any treaty, alliance or confederation; Const.
art. 1, s. 10, n. 1; nor shall any state, without the consent of congress, enter
into any agreement or compact with another state, or with a foreign power. Id.
art. 1, see. 10, n. 2; 3 Story on the Const. §1395.
4. A treaty is declared to be the supreme law of the land, and is therefore
obligatory on courts; 1 Cranch, R. 103; 1 Wash. C. C. R. 322 1 Paine, 55;
whenever it operates of itself without the aid of a legislative provision; but
when the terms of the stipulation import a contract, and either of the parties
engages to perform a particular act, the treaty addresses itself to the
polit-ical, not the judicial department, and the legislature must execute the
contract before it can become a rule of the court. 2 Pet. S. C. Rep. 814. Vide
Story on the Constitut. Index, h. t.; Serg. Constit. Law, Index, h. t.; 4 Hall's
Law Journal, 461; 6 Wheat. 161: 3 Dall. 199; 1 Kent, Comm. 165, 284.
5. Treaties are divided into personal and real. The personal relate
exclusively to the persons of the contracting parties, such as family alliances,
and treaties guarantying the throne to a particular sovereign and his family. As
they relate to the persons they expire of course on the death of the sov-ereign
or the extinction of his family. Real treaties relate solely to the
subject-matters of the convention, independently of the persons of the
contracting parties, and continue to bind the state, although there may be
changes in its constitution, or in the persons of its rulers. Vattel, Law of
Nat. b. 2, c. 12, 183-197.
TREATY OF PEACE. A treaty of peace is an agreement or contract made by
belligerent powers, in which they agree to lay down their arms, and by which
they stipulate the conditions of peace, and regulate the manner in which it is
to be restored and supported Vatt. lib. 4, c. 2, §9.
TREBLE COSTS, remedies. By treble costs, in the English law, is
understood, 1st. The usual taxed costs. 2d. Half thereof. 3d. Half the latter;
so that in effect the treble costs amount only to the taxed costs, and
three-fourths thereof. 1 Chitty, R. 137; 1 Chitt. Pract. 27.
2. Treble costs are sometimes given by statutes, and this is the construction
put upon them.
3. In Pennsylvania the rule is different; when an act of assembly gives
treble costs, the party is allowed three times the usual costs, with the
exception, that the fees of the officers are not to be trebled, when they are
not regularly or usually payable by the defendant. 2 Rawle, R. 201.
4. And in New York the directions of the statute are to be strictly pursued,
and the costs are to be trebled. 2 Dunl. Pr. 731.
TREBLE DAMAGES, remedies. In actions arising ex contractu some
statutes give treble damages; and these statutes have been liberally construed
to mean actually treble damages; for example, if the jury give twenty dollars
damages for a forcible entry the court will award forty dollars more, so as to
make the total amount of damages sixty dollars. 4 B. & C. 154; M'Clell. Rep.
2. The construction on the words treble damages, is different from that which
has been put on the words treble costs. (q. v.) Vide 6 S. & R. 288; 1
Browne, R. 9; 1 Cowen, R. 160, 175,176, 584; 8 Cowen, 115.
TREBUCKET. The name of an engine of punishment, said to be synonymous
with tumbrel. (q. v.)
TREE. A woody plant, which in respect of thickness and height grows
greater than any other plant.
2. Trees are part of the real estate while growing, and before they are
severed from the freehold; but as soon as they are cut down, they are personal
3. Some trees are timber trees, while others do not bear that denomination.
Vide Timber, and 2 Bl. Com. 281.
4. Trees belong to the owner of the land where they grow, but if the roots go
out of one man's land into that of another, or the branches spread over the
adjoining estates, such roots or branches may be cut off by the owner of the
land into which they thus grow. Rolle's R. 394; 3 Bulstr. 198; Vin. Ab. Trees,
E; and tit. Nuisance, W 2, pl. 3; 8 Com. Dig. 983; 2 Com. Dig. 274; 10 Vin. Ab.
142; 20 Viii. Ab. 415; 22 Vin. Ab. 583; 1 Supp. to Ves. jr. 138; 2 Supp. to Ves.
jr. 162, 448; 6 Ves. 109.
5. When the roots grow into the adjoining land, the owner of such land may
lawfully claim a right to hold the tree in common with the owner of the land
where it was planted; but if the branches only overshadow the adjoining land,
and the root does not enter it, the tree wholly belongs owner of the estate
where the roots grow. 1 Swift's Dig. 104; 1 Hill. Ab. 6; 1 Ld. Raym. 737. Vide
13 Pick. R. 44; 1 Pick., R. 224; 4 Mass. R. 266; 6 N. H. Rep. 430; 3 Day, 476;
11 Co. 50; Rob. 316; 2 Rolle, It. 141 Moo. & Mal. 112; 11 Conn. R. 177; 7
Conn. 125; 8 East, R. 394; 5 B. & Ald. 600; 1 Chit. Gen. Pr. 625; 2 Phil.
Ev. 138; Gale & Wheat. on Easem. 210; Code Civ. art. 671; Pardes. Tr. des
Servitudes, 297; Bro. Ab. Demand, 20; Dall. Dict. mot Servitudes, art. 3 §8; 2
P. Wms. 606; Moor, 812; Hob. 219; Plowd. 470; 5 B. & C. 897; S. C. 8 D.
& R. 651. When the tree grows directly on the boundary line, so that the
Iine passes through it, it is the property of both owners, whether it be marked
as a boun dary or not. 12 N. H. Rep. 454.
TRESAILE or TRESAYLE, domestic relations. The grandfather's
grandfather. 1 Bl. Com. 186.