Preservation of Monuments

In 1926 the Government of Northern Ireland passed an Act modelled very largely on the British Act of 1913.

In the Report of the Ancient Monuments Advisory Committee issued in 1921, it is stated that "legislation for the protection of national monuments in this country [Great Britain] is a thing of very modern growth, as may be realized from the fact that 20 years ago the State could only exercise a very ineffective control over a limited class of prehistoric monuments, while for the care of the great architectural monuments of the country there was no State provision of any kind. The Acts of 1910 and 1913 have considerably improved the position. But even at the present day the conception of the nation's interest in, and consequent duty towards, national monuments is far behind what is embodied in the legislation of other countries, and numbers of monuments of the very first importance are entirely without protection, as far as statutory powers are concerned. The existence, however, of these Acts is in itself a recognition of the principle that the nation has an interest in Ancient Monuments apart from, and in some respects superior to, the interests of the legal owners of the monuments." In the summary of their conclusions, the members of the Advisory Committee said, "It appears that while the defi nition of a monument is everywhere much the same, a distinction is made in practice between monuments in private ownership and those belonging to public or corporate bodies. The British dis tinction between monuments in use and those no longer used is not recognized [on the Continent], and we are of the opinion that on logical and practical grounds the advantage is with the Conti nental conception. Other provisions which are not found in the British law are (I) control of movable objects, (2) preservation of scenery where it affects the amenities of a monument, (3) financial help to private owners for the preservation of monu ments in their possession and (4) compensation." It is of interest to compare the protective measures adopted by certain other countries with those in force in Great Britain.

France.

In France a monument is defined as any movable or immovable object the preservation of which is of public interest from an historical or artistic point of view. If a monument is in danger and the owner will take no action to preserve it, it may be placed under the direct control of the State. This function is

termed scheduling and is performed by the Ministry of Fine Arts, becoming immediately operative on notification. If the owner objects, the scheduling must be confirmed by a decree of the Council of State, and compensation is payable if considered due. The owner must lodge his objection within six months. A scheduled monument, if belonging to a public body, may not be alienated without permission, and whether public or private may not be in any way damaged. Penalties are provided.

The Ministry of Fine Arts, or Departments or Communes, may, if it seems to them necessary, expropriate monuments of public interest at an agreed price; but confirmation of this is nec essary within six months by a decree of the Council of State declaring public benefit.

Germany.

In Germany, all objects are included which are characteristic of their times, are of value for the understanding of art and its historical development and of history in general or serve to record important historical events. Monuments may be movable or immovable, and everything which is not the prop erty of private persons may come under the law, including all churches and public buildings and the property of universities and other corporate bodies recognized by the State. Private prop erty is dealt with under the general laws governing building, the State inspectors having to take care that no scheme for new buildings, or building operations of any importance, shall cause damage or disfigurement to ancient monuments. Grants of money are sometimes made to public or private owners to assist them in preserving their monuments, the State reserving, in such cases, a certain amount of control and supervision over the monument for the future. The principal German society is the Gesamtverein der deutschen Geschichts- and Altertumvereine, founded in 1852. This is a general association of all the various societies throughout Germany. There are also many societies in the various towns, as well as local associations more directly concerned with the practical protection and preservation of monuments. The chief periodical—perhaps one of the most important of any dealing with the subject in Europe—is Die Denkmalpflege, first published in 1899.