Hindu Law and Custom (Recht und Sitte) c8.132

c8.132

The difference between the open, closed or sealed deposits is still expressed by special terms in Bihari which however do not agree with the Smṛtis¹. The customary law of Bombay recognises depositary's obligation to compensate for illegal use or loss of a deposited property and other principles of ancient law². According to an example occurring in Rājatar. 7, 499, the treasure trove may also be wholly the property of the king, yet however according to EI 1, 400, 27 he can transfer his claim upon the treasure trove to the donee as a special privilege when making presents of villages. Also according to the customary law of Bombay the treasures which are found on unclaimed land should revert to the government; in other cases too the share of the government is 1/6 or 1/4 as laid down in the Smṛtis; in the days of the Mahrattas the Brahmans and other higher class people were allowed to take complete possession of a treasure trove³.