Year: 1867

LAWS VI UNITED
Passed at the First Session of the Thrty Ninth Con-


gress.


IPUBLC-No. 37.l


AN ACT to establish and to protect national


cemeteries.


Be it enacted by the Senate and House of
Representatives of the United States of Ameri-
ca in Congress assembled, That in the arrange
ment of the national cemeteries established for
the burial of deceased soldiers and Sailors the
Secretary Of the War is hereby directed to have
the same enclosed with good and substantial
stone or iron fence and to cause each grave to
be marked with a small headstone, or block,
with the number of the grave inscribed there
on, corresponding with the number OPPOSITE.
to the name of the party, in register OF buri-
ais to be kept at each cemetery, and at the Of
flee OF the quartermaster general, which shall
set forth the name, rank, company, regiment,
and date of the 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 the War is hereby directed to
cause to be erected at the principal entrance of
each OF the national cemeteries aforesaid a
suitable building to be occupied as porters
lodge; and it shall be his duty to appoint a
merltorOus and trustworthy superintendent
who shall be selected from enlisted men of the
army, disabled in service, and who shall have





geant, to reside therein, for the purpose of
guarding and protecting the cemetery and Civ
ing information to parties visiting the same
! The Secretary of the War shall detail some of.
| hcer 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 aud avenues, and to keep the
| 0rO ndS in ulata ordar nj IL G.
retary shall transmit the said report to Con-
gress at tho commencement of each session, to-
gether with an estimate of the appropriation
necessary for that purpose.


SEC. 8. And be it further enacted, That any
person who shall wlfully destroy. mutilate, de-
face, injure, or remove any monument, grave
stone, or other structure, or shall wilfuny de-
strOy, 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 Unit
ed States within any State or district where
any of said national cemeteries are situated,
shall be liable to 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
aggravatOn of the offence And the superin-
tendent in charge of any national cemetery is





son engaged in committing any msdemeanor
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 mis-
demeanor and then and there shall make COM
! plalnt in due form.


SEC 4. And be it further enacted. That it
! chal ha tho 1utx of tho 0P NJ 10
purchase from the owner or owners thereof, at
, such price as may be mutually agreed upon be-
, tween the Secretary and such owner or own
ers such real estate as in his judgment is sui
table and necessary for the purpose of carry
ing 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 Secro-
tary 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
III fee simple for the same, the Secretary OF
War Is hereby authorized to enter upon and
Is appropriate any real estate, which, in his iudg
-e ment. is suitable and necessary for the purpo
IS ses of this act.


y Sec. 5. And be it further enacted, That the
- Secretary of War or the owner or owners of any
10 real estate thus entered upon and appropriated
'r- are hereby authorized to make application fo
a an appraisement of said real estate thus enter


ed upon and appropriated to any district or cir


cult court within any State or district wher


such real estate is situated and any of sal
Dr. courts is hereby authorized and required, upo
ee such application, and in such mode, and un


der rules and regulations as it may adopt. t
es make just and equitable appraisement of tn
AZ cash value of the several interests of each an
id every owner fthe real estate and improvement


thereon entered upon and appropriated for tn
:. purposes of this act, and In accordance wit
,rs its provisions.


us Sec. 6. And be it further enacted, That tn
on fee simple of all real estate thus entered upo


and appropriated for the purposes of this act


and Of which appraisement shall have bee
made under the order and direction of any
ly- said courts, shall, upon payment to the Owl
nd er or owners, respectively, of the appraise
or value o: in case said owner or owners refus


or neglect for thirty days after the apprais
of ment of the cash value Of the said real esta


or Improvements by any of said courts to d.


mand the same from the Secretary of Wa
set upon depositing the said appraised value
ing the said court, making such appralsement


the credit of said owner or owners, respectiv
ew ". be vested in the United States and its j
ne risdiction over said real estate shall be excl
fo1 sive and the same as its jurisdiction over re
Al estate purchased ceded, or appropriated !
nus the purposes of navy yards, forts, and arsena
MY And the Secretary of War is hereby authorlz
Ma and reouired to pay to the several owner
6sS nSt owners, respectively the appraised value
a hs the several pieces or parcels of real estate
6 Of specified in the appraisement of any Of sa
to courts, or to pay into any Of said courts by
pest post, as hercinbefore provided, the said
y to praised value and the sum necessary for su
purpose may be taken from any moneys app
priated for the purpose of this act. m
Ind =, SEC. 7. And be It further enacted, That
s"n IN sum Of seven hundred and fifty thousand d
lars is hereby appropriated to carry out
- purposes of this act, out of any moneys IN
treasury not otherwise appropriated.


Approved, February %, 1857.