of national cem

R. S. 4876, p.

July 14, 1876, v.

1859. The Secretary of War shall provide for the care and Maintenance maintenance of the National Military Cemeteries and for eteries. this purpose shall submit an estimate with his annual esti- 951. mates to Congress and Section four thousand eight hundred 19, p. 99. and seventy-six of the Revised Statutes is hereby repealed. Act of July 24, 1876 (19 Stat. L., 99).

1860. The Secretary of War shall purchase from the owners thereof, at such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions for national cemeteries, and obtain from such owners the title in fee simple for the same. And in case the Secretary of War is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such owner title in fee simple for the same, the Secretary is hereby authorized to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes.

1861. The Secretary of War or the owners of any real estate thus entered upon and appropriated, are authorized to make application for an appraisement of real estate thus entered upon and appropriated, to any circuit or district court within any State or district where such real estate is situated; and such courts shall, upon such application, and in such mode and under such rules and regulations as it may adopt, make a just and equitable appraisement of the

Acquisition of

lands.

Feb. 22, 1867, c. 400; July 24, 1876,

61, s. 4, v. 14, p.

c. 226, v. 19. p. 99;

Mar. 2, 1877, c.

83, v. 19, p. 269.

Sec. 4870, B.S.

Appraisement. 61, s. 5, v. 14, p.

Feb. 22, 1867, c.

400.

Sec. 4871, R.S.

Payment.
Sec. 6, ibid.

83, v. 19, p. 269.

cash value of the several interests of each and every owner of such real estate and improvements thereon.

1862. When appraisement of the real estate thus entered Mar. 2, 1877, c. upon and appropriated has been made under the order Sec. 4872, B.S. and direction of the court, the fee simple thereof shall, upon payment to the owner of the appraised value, or in case such owner refuses or neglects for thirty days after the appraisement of the cash value of the real estate or im provements as aforesaid, to demand the same from the Secretary of War, upon depositing the appraised value in the court making such appraisement, to the credit of such owner, be vested in the United States, and its jurisdiction over such real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropri ated for the purposes of navy yards, forts, and arsenals. The Secretary of War is authorized 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 such courts, or to pay into any of such courts by deposit, as herein before provided, the appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of national cemeteries.

Superintend. ents of cemeteries.

Feb. 22, 1867, c.

SUPERINTENDENTS.

1863. The Secretary of War shall cause to be erected at the principal entrance of each national cemetery a suit61, s. 2. v. 14. p. able building to be occupied as a porter's lodge; and shall 400; July 24, 1876. c. 226, v. 19, p. 99. appoint a meritorious and trustworthy superintendent to reside therein, for the purpose of guarding and protecting the cemetery and giving information to parties visiting the

Sec. 4873, R.S.

be

Who may selected as super

May 18, 1872, c.

135.

same.

1864. The superintendents of the national cemeteries intendents. shall be selected from meritorious and trustworthy soldiers, 173, s. 1, v. 17, p. either commissioned officers or enlisted men of the volunteer Sec. 4874, B. S. or Regular Army, who have been honorably mustered out or discharged from the service of the United States, and who may have been disabled for active field service in the line of duty.

Salary of super

intendents.

1865. The superintendents of the national cemeteries Sec. 4875, R. S. shall receive for their compensation from sixty dollars to seventy-five dollars a month, each, according to the extent and importance of the cemeteries to which they may be respectively assigned, to be determined by the Secretary of War; and they shall also be furnished with quarters and fuel at the several cemeteries.

INCLOSURES, HEADSTONES, AND REGISTERS.

headstones, and

Sec. 1, ibid. June 8. 1872, c. 368, v. 17, p. 345;

229, v. 17, p. 545.

1866. In the arrangement of the national cemeteries Inclosures, established for the burial of deceased soldiers and sailors, registers. the Secretary of War is hereby directed to have the same inclosed with a good and substantial stone or iron fence; Mar. 3, 1873, c. and to cause each grave to be marked with a small head-Sec. 4877, R. S. stone or block, which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corre: ponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery 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 these are unknown, it shall be so recorded.

in

Headstones for soldiers graves in private cemeteries.

20, p. 281.

1867. That the Secretary of War is hereby authorized to erect headstones over the graves of soldiers who served the Regular or Volunteer Army of the United States dur- Feb. 3, 1879, v. ing the war for the Union, and who have been buried in private village or city cemeteries, in the same manner as provided by the law of March third, eighteen hundred and seventy three, for those interred in national military cemeteries; and for this purpose, and for the expenses incident to such work, so much of the appropriation of one million dollars, made in the act above mentioned, as has not been expended, and as may be necessary, is hereby made available.

The Secretary of War shall cause to be preserved in the Records. records of his Department the names and places of burial of all soldiers for whom such headstones shall have been erected by authority of this or any former acts.' Act of February 3, 1879 (20 Stat L., 281).

INTERMENTS.

buried in na

teries.

1868. All soldiers, sailors, or marines, dying in the service, Who may be of the United States, or dying in a destitute condition, tional ceme after having been honorably discharged from the service, July 17, 1862, c. or who served during the late war, either in the regular or 596; June 1, 1872, volunteer forces, may be buried in any national cemetery Mar. 3, 1873, c.

'Provision for carrying this statute into effect has been made in the acts of appropri ation of August 4, 1886 (24 Stat. L., 249), March 3, 1887 (24 Stat. L., 534). October 2, 1888 (25 Stat. L., 539), March 2, 1889 (25 Stat. L., 969), August 30, 1890 (26 Stat. L., 400), March 3, 1891 (26 Stat. L., 973). August 5, 1892 (27 Stat. L.. 377), March 3, 1893 (27 Stat. L.. 599), August 18, 1894 (28 Stat. L., 405), March 2, 1895 (28 Stat. L., 949), and June 11, 1896 (29 Stat. L., 443).

200, s. 18. v. 12, p.

c. 257, v. 17, p. 202;

276, v. 17. p. 605. Sec. 4878, R. S.

Army nurses. Mar. 3, 1897, v. 29 p. 625.

Burial of indigent soldiers.

Limitation.

free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment.

Army nurses, honorably discharged from their service as such, may be buried in any national cemetery, and, if in a destitute condition, free of cost. The Secretary of War is authorized to issue certificates to those army nurses entitled to such burial. Act of March 3, 1897 (29 Stat. L.,625).

1869. For expenses of burying in the Arlington National Cemetery or in the cemeteries of the District of Columbia, indigent ex-Union soldiers, sailors, and marines of the late civil war who die in the District of Columbia, to be disbursed by the Secretary of War, at a cost not exceeding forty dollars for such burial expenses in each case, exclusive of cost of grave, one thousand dollars; and the appropriation made by the sundry civil appropriation acts approved October second, eighteen hundred and eighty-eight, and March second, eighteen hundred and eighty-nine, for the expenses of burying indigent ex-Union soldiers, is hereby Former appro- made available alike for all survivors of the Union Army, available. Navy, and Marine Corps of eighteen hundred and sixty-one Aug. 30, 1890, v. to eighteen hundred and sixty-five, dying in the District of Columbia in indigent circumstances. Acis of August 30, 1890 (26 Stat. L., 401), and July 1, 1898.

V. 25, p. 538.

V. 25, p. 969.

priations made

26, p. 401.

Jurisdiction of United States

cemeteries.

200, s. 1, v. 16, p. 188.

Sec. 4882, R.S.

JURISDICTION, CRIMINAL OFFENSES.

1870. From the time any State legislature shall have over national given, or shall hereafter give, the consent of such State to July 1, 1870, e. the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places be held to be the same as is granted by section eight, article one, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same.

Penalty for defacing national

Feb. 22, 1867, c.

400.

1871. Every person who willfully destroys, mutilates, cemeteries. defaces, injures, or removes any monument, gravestone, or 61, s. 3, v. 14, p. other structure, or who willfully destroys, cuts, breaks, Sec. 4881, R. S. injures, or removes any tree, shrub, or plant within the limits of any national cemetery, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than twenty-five dollars, and not more than one hundred, or by imprisonment for not less than fifteen days and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged

A similar provision occurs in the annual acts of appropriation since that of March 2, 1889 (25 Stat. L., 409).

in committing any misdemeanor herein prohibited, and to bring such person before any United States commissioner or judge of any distict or circuit court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form.

UNITED STATES CEMETERY NEAR THE CITY OF MEXICO.

Cemetery near the City of MexMar. 3, 1873. c.

ico

Sec. 4879, R. S.

1872. The President is authorized to provide, out of the ordinary annual appropriations, for establishing and maintaining United States military cemeteries, for the proper 267, v. 17, p. 602. care and preservation and maintenance of the cemetery or burial ground near the City of Mexico, in which are interred the remains of officers and soldiers of the United States, and of citizens of the United States, who fell in battle, or died in and around said city.

to what regula

Sec. 4880, R. S.

1873. The cemetery in Mexico shall be subject to the To be subject rules and regulations affecting United States national tions. Ibid. military cemeteries within the limits of the United States, so far as they may, in the opinion of the President, be applicable thereto.

ENCROACHMENT BY RAILROADS, ETC.

by railroads for

Mar. 2, 1891, v.

1874. That no railroad shall be permitted upon the right, Encroachments of way which may have been acquired by the United bidden. States to a national cemetery, or to encroach upon any 28, p. 949. roads or walks constructed thereon and maintained by the United States. Act of March 2, 1895 (28 Stat. L., 949).1

By separate statutes provision has been made for the construction of roads and other approaches as follows: Act of January 20, 1878 (20 Stat. L., 242), and March 3, 1881 (21 Stat. L., 447), at Vicksburg, Miss.; March 3, 1881 (21 Stat. L., 445), August 7, 1882 (22 Stat. L., 319), March 3, 1883 (22 Stat. L., 617), and July 7, 1884 (23 Stat. L., 219), at Chattanooga, Tenn.; March 3, 1881 (21 Stat. L., 447), August 7, 1882 (22 Stat. L., 150), and July 7, 1884 (22 Stat. L., 319), at Fort Scott, Kans.; July 3, 1882 (22 Stat. L., 150), and March 3, 1891 (26 Stat. L., 978), at Mound City, Ill.; March 3, 1883 (22 Stat. L., 617, July 2, 1886, chapter 610 (24 Stat. L.. 121), at Chalmette, La.; March 3, 1885 (23 Stat. L., 507), October 2, 1888 (25 Stat. L., 539), and August 30, 1890 (26 Stat. L., 401), at Marietta, Ga.; March 3, 1885 (23 Stat. L., 507), at Baton Rouge, La.; August 4, 1880 (24 Stat. L., 249), and October 2, 1888 (25 Sat. L., 539), at Springfield, Mo.; July 2, 1886 (24 Stat. L., 121), at Natchez, Miss.; July 28, 1886 (24 Stat. L., 159), at Knoxville, Tenn.; February 23, 1887 (24 Stat. L., 416), and March 2, 1889 (25 Stat. L., 969), at Danville, Va.; February 28, 1887 (24 Stat. L., 431), at Richmond, Va.; October 2, 1888 (25 Stat. L., 539), March 2, 1889, chapter 416 (25 Stat. L., 915), August 30, 1890 (26 Stat. L., 401), at Antietam, Md.; August 30, 1890 (26 Stat. L., 401), at Hampton, Va.; March 2. 1889 (25 Stat. L., 969), at Beverly, N. J.; January 8, 1889 (25 Stat. L., 641), at Florence, S. C.; August 30, 1890 (26 Stat. L., 401), roads at Culpeper and Fredericksburg, Va., and a levee at Brownville, Tex.; May 14, 1890 (26 Stat. L., 108), at Port Hudson, La.; April 9, 1890 (26 Stat. L., 46), at Staunton, Va.; March 3, 1891 (26 Stat. L., 978), August 5. 1892 (27 Stat. L., 377), March 3, 1893 (27 Stat. L., 599), August 18, 1894 (28 Stat. L., 405), March 2, 1895 (28 Stat. L., 909), at the Presidio of San Francisco, Cal.; December 11, 1890 (26 Stat. L., 687), at Alexandria, Va. The title and possession of the United States to and of land situate at El Paso, Tex., duly purchased for cemetery purposes, would properly be protected against a continuous trespass on the part of the municipality in cutting a street through the land by an injunction sued out in the proper court, the remedy by suit for damages being inadequate. (a) (Dig. J. A. Gen., 631, par. 17.)

a 1 Pomeroy, Eq. Jur., sec. 138; 3 ibid., secs. 1347, 1356.