GAINING PERMISSION TO HUNT RELICS

I received an email from a gentleman detailing problems he had had with a landowner who had given him verbal permission to hunt relics with a metal detector on his property. Once the relic hunter began unearthing bullets and buttons that had been dropped by soldiers during the War, the landowner decided to terminate the digger's right to hunt. There's wasn't a lot he could do about the property owner's decision, nor did he desire to take any action. After all, the relics on the property rightfully belonged to the owner of the land. That the owner went back on his word is little justification for anger or vengefulness.

Verbal agreements carry little weight in court. Written agreements are more enforceable - and they offer some protection to the landowner as well as the digger. In my book "How to Hunt Treasure" there is a very simple sample form similar to what I have used in the past to forge an agreement with a landowner for the purpose of hunting relics. To quote the book:

"For the purpose of gaining written permission to hunt property, or to lease it for the purpose of hunting relics, you may wish to consider the following forms. In no way should they be considered legal documents that protect both owner and lessee/permittee from liability for injury or death; they are merely forms I have used as simple contracts between me and the owners of property that I wish to hunt. The provisions may be modified as desired.

"A word to the wise, though. Some property owners turn squeamish when asked to furnish permission to hunt in writing, and may even retract an earlier consent. It’s been my practice, then, regardless of the legalities involved, to proceed to hunt property for which I have only verbal permission. Sure, it’s better to have it in writing. In fact, I believe some states require it. In the end, you’ll have to use your own judgment."

Sample Permit to Hunt Relics

Date: ___________________________

I, _________________________________________, owner of property (Owner) hereafter described ______________________________________________________________ give this date permission to _______________________________________________(Permittee) to locate and dig relics thereon. This permission extends to _________________________ (date).By signature below, Permittee agrees that 1) Property owner is not liable for injury or death, loss of property, or for any other misfortune that occurs as a result of Permittee’s use of the property. 2) Property and structures or vegetation thereon will in no way be injured. No holes will be left. Property will be left in as good or better condition as found. 3) Other provisions: ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________.

Owner _____________________________

Permittee ___________________________

Sample Lease Agreement

Date: ___________________________

I, _________________________________________, (Owner) for the sum of $ __________do hereby lease the following property ______________________________________________________________ ___________________________________________________________________________for these dates:  From _____________ To _____________ to _______________________________________________ (Lessee) for the purpose of locating and digging relics. By signature below, Lessee agrees that 1) Owner is not liable for injury or death, loss of property, or for any other misfortune that occurs as a result of Lessee’s use of the property. 2) Property and structures or vegetation thereon will in no way be injured. No holes will be left. Property will be left in as good or better condition as found. 3) Other provisions: ______________________________________________________________

______________________________________________________________

______________________________________________________________

______________________________________________________________.

Owner _____________________________

Lessee _____________________________

I am of the opinion that the latter form, where a sum of money changes hands, would better ensure a hunter's rights. It's a contract that would probably be legally recognized. However, were I confronted with a landowner determined to remove me from his property, despite any written agreement I would walk away.

It’s not very often nowadays that one is lucky enough to dig a Confederate buckle. But luck was with me today (November 27, 2012). I might have missed it if my hunting buddy hadn’t been right beside me.

We were digging a hole behind Confederate siege lines here in Vicksburg and finding ration cans, a few bullets and buttons, and lots of junk. I was also using a metal detector to scan the area. While my buddy was taking his turn at digging, I got a nice signal right beside his hole. While I was shoveling the dirt from that area he asked me to rescan his hole. I did. I got a large signal, which led to the two of us digging more junk and ration cans. In the process, I forgot all about the other signal. I had picked up my metal detector, prepared to go back to work, when my buddy said, “Hey, what’s that thing behind your boot?” As he bent to retrieve it I saw that the object was oval and green. We gritted our teeth in anticipation as he slowly flipped the oval to expose the “CS.” We practically howled with joy. We were lucky. If my buddy hadn’t noticed the relic in the small pile of dirt I had shoveled aside, we might have left it.

 

The buckle is not error free. One hook is missing, and there is a small crack (see photos) that runs from the top of the “C” downward about ¾”. It has a slight bow, probably from being worn. Otherwise it’s okay. It has been only very lightly cleaned so as to retain the original patina (and dirt).

TREASURE? OR JUNK? BY THE BATCH

I love it when someone brings in a batch of "junk" like that shown. Most of the "junk" is Civil War related, having been gleaned from the battlefield over at Big Black River battle site, but there is also some obvious WWII ammo and other trinkets. It will take a while to go through everything, but there's sure to be a little treasure or two amongst all the "junk."

SELMA ALABAMA ARSENAL 6-POUNDER CANNON BALL

Selma Alabama was home to a Confederate foundry during the late War for Southern Independence that manufactured artillery and small arm ammunition for the Confederate patriots. The six-pounder cannon ball shown above, dug here in Vicksburg, is one such example. Much of the Selma-manufactured ammunition was stamped with a small "G," or a horseshoe-shaped imprint, such as that shown in the closeup photo below. The imprint is more common on larger artillery shells, particularly on the brass portions of sabots, than on the lowly six-pounders. The example shown is the only one of which I am aware that was dug locally.