Chapter LXI. *to establish and to protect National Cemeteries.* Feb. 22, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That in the arrangement of theNational cemeteries to be enclosed. national cemeteries established for the burial of dec
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CHAP. LXI.— An Act *to establish and to protect National Cemeteries.* Feb. 22, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That in the arrangement of theNational cemeteries to be enclosed. national cemeteries established for the burial of deceased soldiers and sailors, the Secretary of War is hereby directed to have the same enclosed with a good and substantial stone or iron fence; and to cause each graveGraves to be marked. to be marked with a small headstone, or block, with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party, in a register of burials to be kept at each cemeteryRegister to be kept. and at the office of the quartermaster-general, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or, if unknown, it shall be so recorded.
Sec. 2. *And be it further enacted, *That the Secretary of War is here- 400 THIRTY-NINTH CONGRESS. Sess. II. Ch. 61. 1867. Porter’s lodge to be erected at the principal entrance of each cemetery.Superintendent, how selected, pay, &c.by directed to cause to be erected at the principal entrance of each of the national cemeteries aforesaid, a suitable building to be occupied as a porter’s lodge; and it shall be his duty to appoint a meritorious and trustworthy superintendent who shall be selected from enlisted men of the army, disabled in service, and who shall have the pay and allowances of an ordnance sergeant, to reside therein, for the purpose of guarding and protecting the cemetery and giving information to parties visiting the An officer to be detailed to inspect annually all the cemeteries, and make reports.Reports to be submitted to Congress, with estimates.same.
The Secretary of War shall detail some officer of the army, not under the rank of major, to visit annually all of said cemeteries, and to inspect and report to him the condition of the same, and the amount of money necessary to protect them, to sod the graves, gravel and grade the walks and avenues, and to keep the grounds in complete order; and the said Secretary shall transmit the said report to Congress at the commencement of each session, together with an estimate of the appropriation necessary for that purpose.
Sec. 3. Penalty for wilfully defacing, removing, &c. any structure, or injuring, &c. any shrub, &c. in any national cemetery.When to be prosecuted for. *And be it further enacted, *That any person who shall wilfully destroy, mutilate, deface, injure, or remove any monument, gravestone, or other structure, or shall wilfully destroy, cut, break, injure, or remove any tree, shrub, or plant within the limits of any of said national cemeteries, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any district or circuit court of the United States within any State or district where any of said national cemeteries are situated, shall be liable to a fine of not less than twenty-five nor more than one hundred dollars, or to imprisonment of not less than fifteen nor more than sixty days, according to the nature and aggravation of the offence.
And the Superintendent may arrest persons committing such acts, and take them before certain magistrates, &c.superintendent in charge of any national cemetery is hereby authorized to arrest forthwith any person engaged in committing any misdemeanor herein prohibited, and to bring such person before any United States commissioner or judge of any district or circuit court of the United States within any State or district where any of said cemeteries are situated, for the purpose of holding said person to answer for said misdemeanor, and then and there shall make complaint in due form.
Sec. 4. The Secretary of War may purchase or take any real estate necessary for national cemeteries. *And be it further enacted, *That it shall be the duty of the Secretary of War to purchase from the owner or owners thereof, at such price as may be mutually agreed upon between the Secretary and such owner or owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions of this act, and to obtain from said owner or owners title in fee simple for the same.
And in case the Secretary of War shall not be able to agree with said owner or owners upon the price to be paid for any real estate needed for the purpose of this act, or to obtain from said owner or owners title in fee simple for the same, the Secretary of War is hereby authorized to enter upon and appropriate any real estate, which, in his judgment, is suitable and necessary for the purposes of this act. Sec. 5. Proceedings where real estate is entered upon and appropriated. *And be it further enacted, *That the Secretary of War or the owner or owners of any real estate thus entered upon and appropriated are hereby authorized to make application for an appraisement of said real estate thus entered upon and appropriated to any district or circuit court within any State or district where such real estate is situated; and any of said courts is hereby authorized and required upon such application, and in such mode and under such rules and regulations as it may adopt, to make a just and equitable appraisement of the cash value of the several interests of each and every owner of the real estate and improvements thereon entered upon and appropriated for the purposes of this act, and in accordance with its provisions.
Sec. 6. Fee simple of such estate, upon payment, &c. of appraised *And be it further enacted, *That the fee simple of all real estate thus entered upon and appropriated for the purposes of this act, and of which appraisement shall have been made under the order and direction of any of said courts, shall, upon payment to the owner or owners, respec- THIRTY-NINTH CONGRESS. Sess. II. Ch. 61, 62, 63. 1867. 401 lively, of the appraised value, or in case said owner or owners refuse orvalue, to be vested in the United States. neglect for thirty days after the appraisement of the cash value of the said real estate or improvements by any of said courts to demand the same from the Secretary of War, upon depositing the said appraised value in the said court, making such appraisement to the credit of said owner or owners, respectively, be vested in the United States, and its jurisdictionJurisdiction exclusive, &c. over said real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropriated for the purposes of navy yards, forts, and arsenals.
And the Secretary of War is hereby authorizedOwner to be paid the appraised value. and required to pay to the several owner or owners, respectively, the appraised value of the several pieces or parcels of real estate, as specified in the appraisement of any of said courts, or to pay into any of said courts by deposit, as hereinbefore provided, the said appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of this act.
Sec. 7. *And be it further enacted, *That the sum of seven hundred andAppropriation. fifty thousand dollars is hereby appropriated to carry out the purposes of this act out of any moneys in the treasury not otherwise appropriated. Approved, February 22, 1867.