Lord Advocate v University of Aberdeen and Budge

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Lord Advocate v University of Aberdeen and Budge (1963 CSIH 1) is a Scots property law case about treasure trove, in which the Court of Session held that treasure trove is bona vacantia, and therefore belongs to the Crown. [1]

Background

St Ninian's Isle is a small tied island off the cost of Mainland, Shetland, connected by a tombolo. [2] In 1955, a University of Aberdeen archeology team started excavating the Isle, trying to locate ruins of a medieval church. The excavation was taking place with the consent of the landowner, Mr Budge. [1] In 1958, the team found several artifacts, including a porpoise bone and some objects made of silver alloy. [3] A question arose whether the treasure, named "St Ninian's Isle Treasure", was owned by the Crown or the University and Mr Budge.

References

  1. 1 2 Miller, DL Carey (2002). "Treasure trove in SCots aw". Fundamina:A Journal of Legal History. 2002 (8). Retrieved 24 December 2025.
  2. St Ninian's Tombolo. Archived 23 October 2008 at the Wayback Machine J.D. Hansom, Coastal Geomorphology of Great Britain (2003). Extract from the Geological Conservation Review.
  3. Lawrence Fellows (12 September 1962). "Celtic Treasure is Won by Crown; Scotland's Law Supersedes Shetland's Norse Custom". The New York Times . Archived from the original on 9 March 2018. Retrieved 24 December 2025.