istration the conservative measures, and also, in case of necessity, the provisional transfer of the object to a cathedral treasurer, if it relates to religion, and, if it does not, to a museum or other public place, national, departmental or communal, offering the desired guarantees of security, and as far as possible situated in the vicinity of its original location.

Within a period of three months from this provisional transfer, the conditions necessary for the protection and the conservation of the object in its original location shall be determined by a commission convened by the call of the Prefect, composed, Ist, of the Prefect, President ex officio; 2nd, of a representative of the Minister of Fine Arts; 3rd, of the departmental Archivist; 4th, of the Architect of Historic Monuments of the department; 5th, of a President or Secretary of a local historical, archæological or artistic society, designated as such for a period of three years by order of the Minister of Fine Arts; 6th, of the Mayor of the commune; 7th, of the CounsellorGeneral of the canton.

The corporate owner, depository or party responsible for its care (collectivité propriétaire, affectataire ou dépositaire) may at any time obtain the return of the object to its original location if it prove that the required conditions have been fulfilled.

ART. 27. The guardians of classified properties (immeubles) or objects (objets) belonging to departments, communes or public establishments shall be accepted and commissioned by the Prefect.

The Prefect is required to make known his acceptance or his refusal to accept within the period of one month. If the public person interested fails to nominate a guardian acceptable to the Prefect, the latter may appoint one of his own motion.

The amount of compensation of guardians must be approved by the Prefect.

Guardians cannot be discharged except by the Prefect. They must be sworn.

CHAPTER IV

EXCAVATIONS AND DISCOVERIES

ART. 28. When, in consequence of excavations, works or any act whatever, one has discovered monuments, ruins, inscriptions or objects interesting to archæology, history or art, on lands belonging to the State, a department, a commune or a public establishment or establishment of public utility, the Mayor of the commune must assure the provisional conservation of the objects discovered and immediately notify the Prefect of the measures taken.

The Prefect, as soon as possible, shall refer it to the Minister of Fine Arts who shall decide upon the definitive measures to be taken. If the discovery takes place on the land of an individual, the

Mayor shall give notice of it to the Prefect. On the report of the Prefect, the Minister may prosecute the expropriation of the said land in whole or in part on the ground of public use, after the forms of the law of May 3, 1841.

CHAPTER V

PENAL PROVISIONS

ART. 29. Every violation of the provisions of paragraph 4 of article 2 (altering, without previous notice, a property inscribed in the supplementary inventory), paragraphs 2 and 3 of article 8 (alienation of a classified property), paragraphs 2 and 3 of article 19 (alienation of a classified movable object), and paragraph 2 of article 23 (exhibition of classified movable objects) shall be punished by a fine of from 16 to 300 francs.

ART. 30. Every violation of paragraph 3 of article I (effects of the proposition for the classification of a property), article 7 (effect of the notification of a demand for expropriation), paragraphs I and 2 of article 9 (alteration of a classified property), article 12 (new constructions, easements), or of article 22 (alteration of a classified movable object), of the present law, shall be punished by a fine of from 16 to 1500 francs without prejudice of an action for damages which may be instituted against those who shall have ordered the works executed or the measures taken in violation of said articles.

ART. 31. Whoever shall have alienated, knowingly acquired or exported a classified movable object in violation of article 18 or article 21 of the present law shall be punished by a fine of from 100 to 10,000 francs and an imprisonment of from six days to three months, or by only one of these two punishments, without prejudice of actions for damages mentioned in article 20, paragraph 1.

ART. 32. Whoever shall have intentionally destroyed, pulled down, mutilated or injured a property or a classified movable object shall be punished by the penalties provided by article 257 of the Penal Code without prejudice of any damage-interests.

ART. 33. The violations mentioned in the four articles preceding shall be prosecuted at the suit of the Minister of Fine Arts. They may be established by procès-verbaux drawn up by the conservators or the guardians of classified properties or movable objects, duly sworn to that effect.

ART. 34. Every conservator or guardian who, in consequence of grave negligence, shall have permitted the destruction, pulling down, mutilation, injury or removal, either of a classified property or movable object, shall be punished by an imprisonment of from eight days to three months and a fine of from 16 to 300 francs or by only one of these penalties.

ART. 35. Article 463 of the Penal Code is applicable in the cases provided in the present chapter.

CHAPTER VI

Purchase of ancient

monu

ments by agree

ment.

VARIOUS PROVISIONS

ART. 36. The present law may be extended to Algeria and the colonies by regulations of public administration, which shall determine under what conditions and after what manner they shall be applicable.

Upon the promulgation of the regulation concerning Algeria, article 16 of the law of March 30, 1887, shall continue applicable to that territory.

ART. 37. A regulation of public administration shall determine the details of application of the present law.

This regulation shall be made after advice of the Commission of Historic Monuments.

This Commission shall be equally consulted by the Minister of Fine Arts concerning all decisions made in execution of the present law.

ART. 38. The Provisions of the present law are applicable to all properties and movable objects regularly classified before its promulgation.

ART. 39. The laws of March 30, 1887, July 19, 1909, and February 16, 1912, concerning the Conservation of Monuments and Objects of Art having an Historic and Artistic Interest, paragraphs 4 and 5 of article 17 of the law of December 9, 1905, concerning the Separation of Church and State, and generally all provisions contrary to the present law, are repealed.

No. 3. THE ENGLISH ANCIENT MONUMENTS CONSOLIDATION AND

AMENDMENT ACT, 1913

PART I

89

ACQUISITION OF ANCIENT MONUMENTS

1.-(1) The Commissioners of Works may, with the consent of the Treasury, purchase by agreement, out of any moneys which may be provided by Parliament for that purpose, any monument which appears to them to be an ancient monument within the meaning of this Act.

(2) Any local authority within the meaning of this Act may, if they think fit, purchase by agreement any monument situate in or in the vicinity of their area, which appears to them to be an ancient monument within the meaning of this Act.

(3) For the purpose of any such purchase, the Lands Clauses Acts shall be incorporated with this Act (with the exception of the provisions which relate to the purchase and taking of land otherwise than by agreement), and, in construing those Acts for the purposes of this Act, this Act shall be deemed to be the special Act, and the Commissioners of Works or local authority, as the case may be, shall be deemed to be the promoters of the undertaking.

2.-Any person may, by deed or will, give, devise, or bequeath to the Commissioners of Works or to a local authority all such estate or interest in any ancient monument as he may be seized or possessed of, and the Commissioners or authority may accept any such gift, devise or bequest if they think it expedient to do so.

Gift, devise, or bequest of ancient

monuments to Commissioners of Works.

PART II

GUARDIANSHIP OF ANCIENT MONUMENTS

3.-(1) The owner of any monument which appears to the Commissioners of Works to be an ancient monument within the meaning of this Act may, with the consent of the Commissioners, constitute them by deed guardians of the monument.

Power to conCommis

stitute

sioners of Works guardians of ancient

ments.

(2) The owner of any monument which appears to a local authority to be an ancient monument within the meaning of this Act, monuand is situate in or in the vicinity of their area may, with the consent of the local authority, constitute them by deed guardians of the monument:

Provided that the Commissioners of Works or the local authority, as the case may be, shall not consent to become guardians of any structure which is occupied as a dwelling-house by any person other than a person employed as the caretaker thereof or his family.

*(3)-(4) Entailed property, etc.

(5) Except as provided by this Act, the owner of a monument, of which the Commissioners of Works or a local authority become guardians under this Act, shall have the same right and title to, and estate and interest in, the monument in all respects as if the Commissioners or local authority, as the case may be, had not become guardians thereof.

4.-(1) Where the Commissioners of Works or a local authority become guardians of any ancient monument under this Act, they shall, until they receive notice in writing to the contrary from any owner of the monument who is not bound by the deed constituting

Effect of becoming of ancient

Description of owners for

purposes of Part II.

them guardians of the monument, maintain the monument, and shall, with a view to the maintenance of the monument, have access by themselves, their inspectors, agents or workmen to the monument for the purpose of inspecting it, and of bringing such materials and doing such acts and things as may be required for the maintenance thereof. (2) All expenses incurred by the Commissioners of Works in maintaining the monument shall, subject to the approval of the Treasury, be defrayed out of moneys provided by Parliament.

(3) The expression "maintenance" in this section includes the fencing, repairing, and covering in, of a monument and the doing of any other act or thing which may be required for the purpose of repairing the monument or protecting it from decay or injury, and the expression "maintain" shall be construed accordingly.

5.-(1) The following persons shall be deemed to be owners of monuments for the purposes of this Part of this Act, that is to say: (a) Any person entitled for an estate in fee to the possession or receipt of the rents and profits of any freehold or copyhold land;

(b) Any person absolutely entitled in possession to a beneficial lease of land of which not less than forty-five years are unexpired, but no lease shall be deemed to be a beneficial lease within the meaning of this section if the rent reserved thereby exceeds one third part of the full annual value of the land demised by the lease;

(c) Any person entitled under any existing or future settlement for the term of his own life, or the life of any other person, to the possession or receipt of the rents and profits of land of any tenure, in which the estate for the time being subject to the trusts of the settlement is an estate for lives or years renewable for ever, or an estate renewable for a term of not less than sixty years, or an estate for a term of years of which not less than sixty are unexpired, or any greater estate;

(d) Any body corporate, any corporation sole, any trustees for charities, and any commissioners or trustees for ecclesiastical, collegiate, or other public purposes, entitled, in the case of freehold or copyhold land, in fee, and in the case of leasehold land, to a lease for an unexpired term of not less than sixty years.

(2) Where any person who, by virtue of this section, is to be deemed the owner of a monument is a minor, or of unsound mind, the guardian or committee, or, in Scotland, the tutor or curator, as the case may be, of that person shall be the owner for the purposes of this Part of this Act, and, where such owner is a married woman, she shall have power to execute a deed constituting the Commis