~—(l) (1) If, upon such enquiry, the Collector sees no reason to belreve that the treasure trove was hidden within one hundred years before the date ofthe finding; or
(tr) if, where a period is fixed under section 7, no suit is instituted as aforesaid within such period, to the knowledge of the Collector; or
(m) if such surt is instituted withrn such period and the' plaintiff’s claim 15 finally PCJCCth, the Collector may declare the treasure trove to be ownerless.
(2) Any person aggrieved by a declaration made under subsection (1) may appeal against the same wrthin two months from the date thereof to the Board of Revenue:
Provided that no appeal shall he from a declaration made under sub-section (1) in a case referred to in clause (22:) of the said subsection.
(3) Subject to such appeal, every such declaration shall be final and conclusive.
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9. Proceeding subsequent to declaration-«When a declaration has been made in respect of any treasure trove under sub-section (1) of section 8, such treasure trove shall, in accordance with the prvisions hereinafter contained, either be delivered to the finder thereof or be divided between him and the owner of the place in which it has been found, in the manner hereinafter provided.
10. When no other person rlaim: as owner of the place, treasure trove to begiven to thefznder.——When a declaration has been made in respect of any treasure trove as aforesaid, and no person other than the finder of such treasure trove has appeared as required by the notification under sub-section (1) of section 4 and claimed a share of the treasure trove as owner of the place in which it has been found, the Collector shall deliver such treasure trove to the finder thereof.
ll. When only one person claims, and his claim is not disputed, treasure trove to be dzvzded.—-(1) When a declaration has been made as aforesaid, in respect of any treasure trove and only one person other than the finder of such treasure trove has so appeared and claimed, and the claim of such person is not disputed by the finder, the Collector shall proceed to dtvide the treasure trove between the finder and the person so claiming according to the provisions of subsection (2).
(2) If the finder and the person so claiming have not entered into any agreement then in force as to the disposal of the treasure trove, three-fourths of the treasure trove shall be allotted to such finder and the residue to such person. If such finder and such person have entered into any such agreement, the treasure trove shall be disposed of in accordance with such agreement:
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Provided that the Collector may, in any case, if he thinks fit, instead of so dividing the treasure trove,—
(a) allot to either party the whole, or more than his share, of such treasure trove, on such party paying to the Collector for the other party such some of money as the Collector may fix as the equivalent of the share of such other party or of the excess so allotted, as the case may be; or .
(b) sell such treasure trove or any portion thereof by public auction, and divide the sale proceeds between the parties according to the provisxons of this sub-section:
Provided further that when the Collector has, by his declaration under sub-section (1) of section 8, rejected any claim made under this Act by any person other than the said finder or person claiming as owner of the place in which the treasure trove was found, such division shall not be made until after the expiration of two months if an appeal has not been presented under sub-section (2) of the said section by the person whose claim has been so rejected, or when an appeal has been so presented, after such appeal has been dismissed.
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(3) When the Collector has made a division under this section, he shall deliver to the parties the portions of such treasure trove or the money in [ten thereof, to which they are respectively entitled under such division. ~
12. In case of dispute as to ownership of place, proceedings to be stayed—When a declaration has been made as aforesaid in respect of any treasure trove, and two or more persons have appeared as aforesaid, and each of them claims as owner of the place where such treasure trove was found, or the right of any person who has so appeared and claimed is disputed by the finder of such treasure trove, the Collector shall retain Such treasure trove and shall make an order staying his proceedings with a view to the matter being enquired into and determined bya civiil court.
Settlement ofdirpute.—Any person who has so appeared and claimed may, within one month from the date of such order, institute a suit in the civil court to obtain a decree declaring his right; and in every such suit the finder of the treasure trove and all other persons disputing such claim before the Collector shall be made defendants.