LXXXI Jon. I 2017 (Antiquities)

The purpose of this Act is to ensure that, should treasure or other archaeological finds be discovered, their ownership will not be in question.

For the purposes of the rest of this Act:

1. “Treasure” refers to moveable property deposited in ancient times, the rightful owner of which is now untraceable.

2. “Removable fossil” refers to fully or partially fossilised, petrified or mummified remains of a human, animal or plant, or any preserved impression, mark or trace in hardened clay or rock left by a now-deceased animal, which can be removed from its site of discovery without being damaged.

3. “Non-removable fossil” refers to fully or partially fossilised, petrified or mummified remains of a human, animal or plant, or any preserved impression, mark or trace in hardened clay or rock left by a now-deceased animal, which cannot be removed from its site of discovery without being damaged.

4. “Archaeological find” refers to a building, artefact, carving or other ancient find of historical significance which cannot be removed from its site of discovery without risk of being damaged.

In accordance with the 10 October 474 law of Leo II and Zeno found in Book VIII of the Codex Jonathanus, treasure discovered on private property becomes the personal property of the owner of said private property, except where it is accidentally discovered by another person, whereby the discovery shall be made known to the owner of the private property and shall be divided equally (any dispute in the division of such shall be resolved by a magistrate) between the discoverer of the treasure and the owner of the private property.

Removable fossils discovered on private property shall be made known to the owner of said property, who has the right to claim ownership over said discoveries; by the permission of the owner of the property, should the owner not wish to claim ownership over the discovered fossil or fossils, said discoveries become the personal property of the discoverer.

Treasure or removable fossils discovered on public property shall be made known to the local Town Council or Governor, who have the right to claim ownership over said discoveries; by the permission of the local Town Council or Governor, should they not wish to claim ownership over the discovery, said discovery becomes the personal property of the discoverer.

Treasure or removable fossils discovered on Crown property shall be made known to the Monarch or the respective Crown Steward, who have the right to claim ownership over said discoveries; by the permission of the Monarch or the respective Crown Steward, should they not wish to claim ownership over the discovery, said discovery becomes the personal property of the discoverer.

Any non-removable fossil or archaeological find discovered shall be made known to the Minister for Culture, who has the right to claim ownership over said discoveries as national monuments for the Ministry for Culture; by the permission of the Minister, should they not wish to claim ownership over the discovery, said discovery shall retain its original status as either private property of the landowner, public property, or Crown property.

To fail to make known to the relevant person or persons the discovery of any treasure, fossil, or archaeological find within fourteen days of its discovery or within fourteen days of when the discoverer first believes or has reason to believe the discovery made qualifies as a treasure, fossil, or archaeological find in accordance with Paragraphs 3-7 of this same Act is the misdemeanour of concealing an antiquity.

Destroying or damaging without lawful excuse any treasure, removable fossil, non-removable fossil or archaeological find, or being reckless as to whether any such property would be destroyed or damaged, is the second-class felony of vandalism of an antiquity.

In regards to Paragraph 9 of this same Act, a “lawful excuse” is defined as honestly believing that destroying or damaging the antiquity or antiquities in question was reasonable in the circumstances to either protect a person from harm or to prevent greater damage to other antiquities which were at risk and in need of immediate protection.

Any grave, cemetery, or other burial site of people shall not be further disturbed upon discovery, regardless of whether or not any human remains fulfil the definition of a removable fossil, except with the permission of a magistrate in order to rebury any remains – in a dignified manner – in a more appropriate place.