description des monuments historiques, founded in 1834, by the
archaeologist Arcisse de Caumont (1802–1873). Its publication,
the Bulletin monumental, is extremely valuable. In 1887 was
founded the Comité des monuments français, which confines
itself more particularly to the practical side of monument
preservation and protection, and publishes an illustrated
periodical, L’Ami des monuments. Of the numerous local
societies the semi-official Commission du vieux Paris and the
private Société des amis des monuments parisiens and the
Commission municipale du vieux Lyon may be mentioned.
Germany.—Legislation and administration with regard to monuments and their protection are not imperial, but are matters for the various states. Of these Hesse-Darmstadt alone has a Monument Act (1902), but in nearly all the states the system adopted for monument preservation and protection has been the appointment of conservators (Denkmalpfleger), with commissions attached, and a careful system of inventory. There are also in many of the states decrees and administrative orders. In Prussia provincial conservators and commissions, appointed in 1891, assist the central conservator. The general absence of special legislation leaves private owners of monuments amenable only to advice and persuasion and to the pressure of public opinion. The official and legal control exercised by the conservators and commissions is restricted to those monuments which belong to the state. The wide powers, however, given to local and municipal authorities in Germany, enable much to be done without state legislation. Many towns have powers to make by-laws regulating building and street-planning with a view not only of the preservation of the actual monuments but also of what is known as Stadtbild, the characteristic appearance given to a town by its ancient buildings, walls, gateways, &c. The regulations of many of the Bavarian towns are excellent examples of what can be done in this way.
The final control of the monuments of Hesse-Darmstadt is in the hands of the minister of the interior, who presides over a Denkmalrat, or council on monuments, consisting of owners of historical monuments, members of societies interested in such objects, and representatives of the Catholic and Protestant Churches. There is also a general conservator. The act protects Naturdenkmäler, such as water-courses, rocks, and even trees. No excavations can be carried on without permission, and all finds must be reported to the local authority.
The principal German society is the Gesamtverein der deutschen Geschichts- und Altertumsverein, 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 the most important of any dealing with the subject in Europe—is Die Denkmalpflege, published first in 1899. It is connected with the society known as Heimatschutz, the “defence of home.”
Italy.—There is a long history of monument regulation, dating back to a provision against the destruction of monuments in the statutes of the city of Rome of the 14th century and to the appointment of Raphael by Leo X. as controller of the city's monuments. Throughout the various states of Italy during the 17th, 18th and 19th centuries till the unification of the kingdom, stringent regulations by decree or statute were in force to preserve the relics of the past in which the country is so peculiarly rich. Mariotti (La Legislazione delle belle arti, 1892) gives a full account of many of these regulations. It must suffice here to mention the Doria Pamphili Edict of 1802 and the Pacca Edict of 1820, named after the two Cardinal-Camerlenghi subscribing the same. It was not until 1902 that an act was passed for the whole of Italy. This act, with a supplementary act of 1903, and the code of regulations (Regolamento) of 1904, has been superseded by the acts of 1907 and 1909 and the Regolamento of 1910, which constitute the whole body of the provisions in force for the protection of monuments. The minister of public instruction is the final authority, and under him the director-general of antiquities and fine arts.
The Superior Council of Antiquities and Fine Arts, created by the law of 1907, consists of 21 members; it is divided into three sections of 7 members each for antiquities, medieval and modern art, and contemporary art respectively. All the members of each. are nominated by royal decree, and so are three members of the third, being elected, one by the architects, one by the sculptors, and one by the painters of Italy. This is an advisory body. The minister presides, and the director-general can be present and has a vote. The administrative organization under the director-general consists of the divisional superintendencies (each having a group of provinces under it) divided into three categories: (a) 18 superintendencies of monuments (preservation, administration, and surveillance of monuments even in private hands); (b) 14 superintendencies of archaeological excavations and museums (with control of objects in private hands and of the offices for exportation); (c) 15 superintendencies of galleries, medieval and modern museums and objects of art. Under each superintendent is a staff of directors of monuments, museums and galleries, of inspectors, architects, secretaries, custodians, &c. The nominations to the superior grades are by competition. There are offices for the examination of objects before exportation in those towns in which there reside a superintendent of monuments or a director of a gallery or a museum in which it is necessary. The official organizations are assisted by (a) honorary inspectors, nominated by royal decree in any commune or circondario where it may seem advisable; (b) provincial commissions, meeting in the chief town of each province, composed of not less than 7 members, nominated by royal decree, and including of right the superintendents, and meeting normally twice a year.
The monuments within the purview of the act of 1909 and its administration comprise all movable (including MSS., incunabula, rare engravings and coins) and immovable objects of historical, archaeological, palaeo-ethnological or artistic value and interest, so long as they are not less than fifty years old nor the work of living persons. Such objects, if they belong to the state, a province, a commune, a religious corporation or any recognized corporation (ente morale), cannot be parted with at all, except as from one such body to another, and this only with the leave of the ministry; and the authorities of such bodies must present to the ministry an inventory of such objects. Nor may repairs or alterations be made to them without the consent of the ministry, which has the right to interfere by regulations (such as, e.g., the prohibition of the use of tapers, &c., which are liable to damage a picture) for the preservation and restoration (and in extreme cases even the removal) of such objects, if necessary, the latter being at the expense of the body to which they belong in so far as it can afford it. Any private person owning or possessing any object falling under the law, the importance and interest of which has been notified to him as the regulations provide, cannot transfer his property in or abandon his possession of it without informing the ministry, which has the right of pre-emption within two months (or four in case of financial pressure owing to many simultaneous offers) at the price for which he has contracted to sell it; and, if it is subject to damage and the proprietor will not provide for its repair, it may be expropriated by the state, by a province or commune—or even by bodies which have legal personality and aim at the preservation of such objects for the public enjoyment. It has not yet been possible, however, to secure the right of search nor of public access; so long as an object is well kept up by the owner, he may refuse the right of access except to the officials.
The exportation of objects of importance is forbidden, even if their importance has not been notified to the owner, who is under the obligation to advise the government of his intention to export, it having the right of pre-emption within two or four months, as the case may be; and even if the government does not purchase the object, it may still return it to the proprietor, forbidding him to export it. The objects exported are subject to a progressive tax, with a maximum of 20%. Objects temporarily imported from foreign countries, and re-exported within five years, are not subject to tax. Temporary exportation, if
