Thomas Ashby and Cecil Weatherly

“ If the owner be a. private person, his consent is also necessary to the classement. If he refuses, the minister may expropriate the monument by compulsory purchase, which must have the consent of the conseil d’état. Once a monument has been classé, it cannot be destroyed even partially, and no repairs or other work can be effected upon it without the consent of the minister. An action, for damages only, lies against a person infringing the law in this respect. ”

“ In Austria there is a central commission, established 1850, whose authority is regulated by rescripts of 1873 and 1899 of the minister of religion and education. It consists of twenty members selected from experts in history, art and archaeology; there is also a numerous body of conservators who have districts covering the country assigned to them. They have no executive powers, but report on all new works likely to injure monuments, make inventories, influence public opinion, and work with archaeological societies for the general protection of ancient monuments. ”

“ An inventory was begun in 1841. A council of national monuments was established in 1901 by a royal decree, with a code of regulations. The French system of classement is adopted, and the regulations under the French act of 1887 are generally followed. The minister responsible is that of public works, commerce and industry.
Turkey.—The regulations, as embodied in an irade of 1884, are very stringent, and the principle adopted is that of Greece, that all objects of antiquity belong to the state. The private owner of such has no power of disposition, and must not injure nor destroy them. ”

“ The act of 1900 had given power to acquire such by gift or purchase, and the act of 1882 had given power by bequest also, but only referred to prehistoric remains. The London County Council possesses powers of purchasing by agreement any building of historic or other interest under a General Powers Act of 1898, and exercised these in 1900 by purchasing a 17th century house in Fleet Street (known as Cardinal Wolsey's palace) . It will be seen that the United Kingdom possesses no official commission, no conservators, no consultative official body, and no compulsory powers of expropriation. ”

“ The preservation of scenery and of natural monuments is considered a matter of great importance, and in 1905 was founded a Swiss society which has a branch in the United Kingdom, La Ligue pour la conservation de la Suisse pittoresque—Die schweizerische Vereinigung für Heimatschutz. The special object of the society is the prevention of the defacement of Alpine scenery by funicular and other railways, mountain-lifts, power-stations, &c. ”

“ The main lines followed by legislation or regulation for the preservation of monuments may be briefly indicated. Central organizations of commissions and conservators, with a staff of architects, inspectors, and archaeological or artistic experts for consultation, are established. These may have large legal powers of enforcing their decisions, or may act chiefly by advice or persuasion. The national treasures are catalogued and scheduled, and the value estimated in an exhaustive inventory, in many cases supplemented by local inventories. ”

“ The official and legal control exercised by the conservators and commissions is restricted to those monuments which belong to the state. The wide powers, however, given to local and municipal authorities in Germany, enable much to be done without state legislation. Many towns have powers to make by-laws regulating building and street-planning with a view not only of the preservation of the actual monuments but also of what is known as Stadtbild, the characteristic appearance given to a town by its ancient buildings, walls, gateways, &c. ”

“ This assumption of guardianship is by agreement with the owner. Power of expropriation under the Land Acquisition Act 1894 is given if a monument protected under the act is threatened with destruction or injury, or if an owner refuse to come to an agreement with the authority for its guardianship. The act includes movable antiquities, and the governor-general in council can prohibit their exportation. Control over excavations is also given.
Egypt.—A Commission of Egyptology (Comité permanent d’égyptologie) has the care of the monuments of early Egyptian civilization. ”

“ It has not yet been possible, however, to secure the right of search nor of public access; so long as an object is well kept up by the owner, he may refuse the right of access except to the officials. ”

“ A law of 1910 prohibits the affixing of bills or advertisements on monuments and sites officially recognized as historical and in sites recognized as picturesque by the law of 1906. The prefect also fixes a zone near such sites or monuments within which advertisement is prohibited.
Societies, both national and local, are numerous and active in France, but the centralizing policy does not favour any close working with the commission. ”

“ Under each superintendent is a staff of directors of monuments, museums and galleries, of inspectors, architects, secretaries, custodians, &c. The nominations to the superior grades are by competition. There are offices for the examination of objects before exportation in those towns in which there reside a superintendent of monuments or a director of a gallery or a museum in which it is necessary. The official organizations are assisted by (a) honorary inspectors, nominated by royal decree in any commune or circondario where it may seem advisable ”

“ A particular portion of a building, such as a door, window, &c., may be alone protected. (b) The restoration and repair of the monuments so classed. (c) A general power of giving advice and watching the monuments of the country as a. Whole. The commission has the charge of the Musée Cluny, and is also the centre for all inquiries, reports, &c. The official staff of the commission consists of four general inspectors, one of whom, since the Monument Act of 1887, has charge of the movable monuments, and of forty architects, who have a subordinate staff of inspectors of works. ”

“ The act does not affect movables belonging to private persons. Owing to the numerous thefts from churches, museums, and other places, which attracted particular attention in 1907, proposals have been made for the better protection of such objects, as well as of those in private collections, by gathering together the objects at present scattered in churches, &c., into provincial and local museums, and also by charging an entrance fee for museums, &c. ”