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16 U.S.C. § 423fProtection of monuments, etc.

submitted 100 years ago by ch. 746 to r/title-16-CONSERVATION · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

Damaging or removing monuments, fences, trees, or historic defenses without permission is illegal. Hunting, and taking timber or battle relics, is illegal too. A guilty person can be fined $5 to $500 per offense, split between the battlefield and whoever reported it.

This section protects the physical features of the Petersburg National Battlefield by making it a crime, unless the Secretary of the Interior gives permission, to: destroy, deface, or remove any monument, column, statue, memorial, or work of art placed on the battlefield grounds; destroy or remove any protective fence, railing, or enclosure; cut, hack, bark, break, or otherwise injure any tree, bush, or shrub growing there; cut down, fell, or remove any timber, tree, or battle relic; hunt anywhere within the battlefield's limits; or remove or destroy any breastworks, earthworks, walls, or other defenses built by the armies that fought there, on the battlefield land or its approaches. Anyone found guilty of any of these acts — before a U.S. magistrate judge, court, justice of the peace, or other court with jurisdiction — must pay a fine for each offense. The fine's size, between $5 and $500, is set at the discretion of the judge based on how serious the offense was. Half the fine goes toward the battlefield, and half goes to whoever reported the violation. It's collected the same way debts of that kind were legally collectible in the relevant counties as of July 3, 1926.
the actual law source: uscode.house.gov ↗public domain

If any person shall, except by permission of the Secretary of the Interior, destroy, mutilate, deface, injure, or remove any monument, column, statues, memorial structures, or work of art that shall be erected or placed upon the grounds of the battlefield by lawful authority, or shall destroy or remove any fence, railing, inclosure, or other work for the protection or ornament of said battlefield, or any portion thereof, or shall destroy, cut, hack, bark, break down, or otherwise injure any tree, bush, or shrubbery that may be growing upon said battlefield, or shall cut down or fell or remove any timber, battle relic, tree or trees growing or being upon said battlefield, or hunt within the limits of the battlefield, or shall remove or destroy any breastworks, earthworks, walls, or other defenses or shelter or any part thereof constructed by the armies formerly engaged in the battles on the lands or approaches to the battlefield, any person so offending and found guilty thereof, before any United States magistrate judge or court, justice of the peace of the county in which the offense may be committed, or any other court of competent jurisdiction, shall for each and every such offense forfeit and pay a fine, in the discretion of the said United States magistrate judge or court, justice of the peace or other court, according to the aggravation of the offense, of not less than $5 nor more than $500, one-half for the use of the battlefield and the other half to the informant, to be enforced and recovered before such United States magistrate judge or court, justice of the peace or other court, in like manner as debts of like nature were, on July 3, 1926, by law recoverable in the several counties where the offense may be committed.

Source credit: (July 3, 1926, ch. 746, § 7, 44 Stat. 823; Ex. Ord. No. 6166, § 2, June 10, 1933; Ex. Ord. No. 6228, § 1, July 28, 1933; Pub. L. 87–603, § 1, Aug. 24, 1962, 76 Stat. 403; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of July 3, 1926, ch. 746 · 44 Stat. 823
  • 1962Amended · Pub. L. 87-603 · 76 Stat. 403
  • 1968Amended · Pub. L. 90-578 · 82 Stat. 1118
  • 1990Amended · Pub. L. 101-650 · 104 Stat. 5117

A history note hasn’t been published yet. The record shows enactment by ch. 746 on 1926-07-03.

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