Page images
PDF
EPUB

Stat. 309; Aug. 29, 1916, ch. 417, 39 Stat. 558; Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons belonging to the Army and Navy transferred to the Secretary of the Army and the Secretary of the Navy, see note under section 191 of this title.

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provision of act Aug. 29, 1916, ch. 417, 39 Stat. 558, from which this section was partially derived, for the admission for treatment of interned persons and prisoners of war, under the jurisdiction of the Navy Department, to the Government Hospital for the Insane, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.

§ 193, Repealed. July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714, renumbered Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049.

Section, acts Mar. 3, 1875, ch. 156, § 5, 18 Stat. 486; July 1, 1902, ch. 1370, § 1, 32 Stat. 712; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 1, 1918, ch. 113, § 1, 40 Stat. 644; 1939 Reorg. Plan No. I, §§ 201, 205, eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236, which provided for the admission of insane patients of Public Health Service to Saint Elizabeths Hospital, is now covered by section 222 of Title 42, The Public Health and Welfare.

§ 194. Admission; insane inmates of Soldiers' Home. Any inmate of the Soldiers' Home who may become insane shall, upon an order of the president of the Board of Commissioners of the Soldiers' Home, be admitted to Saint Elizabeths Hospital and treated therein; and the expenses of maintaining any such person shall be paid from the Soldiers' Home fund. (July 7, 1884, ch. 332, 23 Stat. 213; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

TRANSFER OF FUNCTIONS

Functions with respect to insane persons belonging to the Army transferred to Secretary of the Army, see note under section 191 of this title.

§ 195. Same; insane inmates of National Home for Disabled Volunteer Soldiers.

Any inmate of the National Home for Disabled Volunteer Soldiers who may become insane shall, upon an order of the Administrator of Veterans' Affairs, be admitted to Saint Elizabeths Hospital and treated therein. (Aug. 7, 1882, ch. 433, § 1, 22 Stat. 330; Feb. 20, 1905, ch. 593, 33 Stat. 731; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 3, 1930, ch. 863, § 2, 46 Stat. 1016.)

DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS' ADMINISTRATION

Act July 3, 1930, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note preceding section 71 of this title and sections 11-11f of Title 38, Pensions, Bonuses, and Veterans' Relief.

§ 195a. Same; beneficiaries of Bureau of Indian Affairs. The Federal Security administrator is authorized to admit to Saint Elizabeths Hospital in the District of Columbia, for care and treatment, upon application of the Secretary of the Interior, beneficiaries of the Bureau of Indian Affairs. The cost of such care and treatment shall be paid for by the Bureau of Indian Affairs. (Aug. 4, 1947, ch. 478, § 1, 61 Stat. 751.)

§ 196. Transfer of American citizens adjudged insane in Canal Zone.

Upon the application of the Governor of the Canal Zone, the Federal Security Administrator is authorized to transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, all American citizens legally adjudged insane in the Canal Zone whose legal residence in one of the States and Territories or the District of Columbia it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to the hospital, the superintendent of the hospital shall thereupon transfer such persons to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of the hospital. (June 12, 1917, ch. 27, § 1, 40 Stat. 179; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; Sept. 26, 1950, ch. 1049, § 2 (b), 64 Stat. 1038.)

CHANGE OF NAME

The Governor of the Panama Canal was redesignated Governor of the Canal Zone by act Sept. 26, 1950.

TRANSFER OF FUNCTIONS

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 196a. Transfer of American citizens adjudged insane in Canada.

Upon the application of the Secretary of State, the Federal Security Administrator is authorized to transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, all American citizens legally adjudged insane in the Dominion of Canada, whose legal residence in one of the States, Territories, or the District of Columbia it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to the hospital, the superintendent of the hospital shall thereupon transfer such persons to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of the hospital.

Upon the request of any such patient, his relatives or friends, he shall have a hearing in the district court of the United States for the District of Columbia upon his mental condition and the right of the superintendent of Saint Elizabeths Hospital to hold him for treatment. (Mar. 2, 1929, ch. 509, 45 Stat. 1495; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236.)

TRANSFER OF FUNCTIONS

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

§ 196b. Transfer of persons adjudged insane in Virgin Islands.

Upon the application of the Governor of the Virgin Islands, the Federal Security Administrator is authorized to transfer to Saint Elizabeths Hospital in the District of Columbia for treatment (1) Persons who are permanent residents of the Virgin Islands of the United States and who (A) are citizens or nationals of the United States or nondeportable aliens and (B) have been legally adjudged to be insane in the Virgin Islands or while temporarily in another insular possession or a Territory of the United States or in the continental United States; and (2) persons who are present in but not permanent residents of the Virgin Islands and (A) have been legally adjudged to be insane in the Virgin Islands, (B) are citizens or nationals of the United States or nondeportable aliens, and (C) are persons whose legal residence in one of the States or Territories of the United States or the District of Columbia it has been impossible to establish. The expense of treatment and care may be paid from the appropriation for the support of the hospital.

Upon the ascertainment of the legal residence of persons who have been transferred to Saint Elizabeths Hospital and who are not permanent residents of the Virgin Islands, the Superintendent of the hospital shall transfer such persons to their respective places of residence, and the expense of transfer shall be paid from the appropriation for the support of the hospital. (1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; July 18, 1940, ch. 638, 54 Stat. 766; July 18, 1950, ch. 464, § 1, 64 Stat. 343.)

AMENDMENTS

1950-Act July 18, 1950, amended section to authorize the transfer to St. Elizabeths Hospital of insane patients in the Virgin Islands who are legal residents of the islands but who are not American citizens.

TRANSFER OF FUNCTIONS

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 197. Care of Army insane and of inmates of National Home for Disabled Volunteer Soldiers on Pacific Coast.

The Secretary of the Army may, in his discretion, contract for the care, maintenance, and treatment of the insane of the Army, and inmates of the National Home for Disabled Volunteer Soldiers on the Pacific coast at any State asylum in California, in all cases which he was, on March 3, 1901, authorized by law to cause to be sent to Saint Elizabeths Hospital in the District of Columbia. (Mar. 3, 1901, ch. 853, § 1, 31 Stat. 1163; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons under Army jurisdiction, see notes under sections 161 and 191 of this title.

DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS' ADMINISTRATION

Act July 3, 1930, ch. 863, §§ 1, 2, 5, 46 Stat. 1016, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note preceding section 71 of this title and sections 11-11f of Title 38, Pensions, Bonuses, and Veterans' Relief..

§ 198. Care of insane natives of Philippine Islands serving in Army.

The Secretary of the Army may, in his discretion, contract for the care, maintenance, and treatment of the insane natives of the Philippine Islands serving in the Army of the United States at any asylum in the Philippine Islands in all cases which he was, on May 11, 1908, authorized by law to cause to be sent to Saint Elizabeths Hospital in the District of Columbia. (May 11, 1908, ch. 163, 35 Stat. 122; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947. TRANSFER OF FUNCTIONS

Functions with respect to insane persons under Army jurisdiction, see notes under sections 161 and 191 of this title.

PHILIPPINE INDEPENDENCE

The Philippine Islands were granted independence pursuant to Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 60 Stat. 1352, which was issued under the authority of section 1394 of Title 22, Foreign Relations and Intercourse, and is set out as a note under said section 1394.

§ 199. Transfer of insane from military hospitals to nearest public hospitals.

The Secretary of the Army is authorized to transfer from any military hospital to the nearest available public hospital for the care of the insane any insane patient who is in need of treatment, preference being given to the hospital nearest to the place of the patient's enlistment. The superintendent of such public hospital shall possess the right to retain the aforementioned class of patients in his hospital in the same manner and to the same extent as was, on October 6, 1917, possessed by the superintendent of Saint Elizabeths Hospital. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

Functions with respect to insane persons under Army jurisdiction, see notes under sections 161 and 191 of this title.

§ 200. Transfer of part of appropriations to public hospitals for support of patients.

The superintendent of Saint Elizabeths Hospital, with the approval of the Federal Security Administrator, shall transfer to the various public hospitals out of the various appropriations made by Congress for the support and treatment of patients in Saint Elizabeths Hospital a sum sufficient to pay for the support and treatment of patients sent to public

hospitals as provided in section 199 of this title, based upon the per capita cost of maintenance in Saint Elizabeths Hospital, said payment not to exceed at any time the exact cost of support and treatment of such patients. (Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236.)

TRANSFER OF FUNCTIONS

Functions with respect to insane persons belonging to the Army transferred to Secretary of the Army, see note under section 191 of this title.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

S$ 201-210. Omitted.

CODIFICATION

Sections pertained only to the District of Columbia and are set out in Title 32 of the District of Columbia Code.

Section 201, R. S. § 4844; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, provided for admission of indigent insane persons of the District of Columbia.

Section 202, acts Mar. 3, 1877, ch. 105, 19 Stat. 347; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to expense of indigent insane admitted from District of Columbia.

Section 203, acts Mar. 3, 1879, ch. 182, § 1, 20 Stat. 395; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to payment of part of expense from appropriations for District.

Section 204, R. S. §§ 4853, 4854; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to private patients from the District of Columbia.

Section 205, R. S. § 4849; act July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to insane persons from District of Columbia having property.

Section 206, R. S. § 4850, related to admission of nonresidents of District of Columbia.

Section 207, acts Jan. 31, 1899, ch. 78, § 7, 30 Stat. 811; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to return of nonresident indigent insane in District of Columbia.

Section 208, acts Mar. 3, 1903, ch. 1006, § 1, 32 Stat. 1043; Feb. 23, 1905, ch. 738, § 1, 33 Stat. 740, related to proceedings to determine mental conditions of insane persons in District of Columbia.

Section 209, act Feb. 23, 1905, ch. 738, § 1, 33 Stat. 740, related to jury in lunacy proceedings and costs in District of Columbia.

Section 210, acts Feb. 23, 1905, ch. 738, § 2, 33 Stat. 740; July 1, 1916, ch. 209, § 1, 39 Stat. 309; June 25, 1936, ch. 804, 49 Stat. 1921, related to discharge of insane person from District of Columbia as cured.

§ 211. Admission of insane persons accused of crime. If any person, charged with crime, be found, in the court before which he is so charged, to be an insane person, such court shall certify the same to the Federal Security Administrator, who may order such person to be confined in Saint Elizabeths Hospital, and, if he be not indigent, he and his estate shall be charged with expenses of his support in the hospital. (R. S. § 4851; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 5, 11 Stat. 158.

TRANSFER OF FUNCTIONS

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

§ 211a. Admission of insane convicts.

Any person becoming insane during the continuance of his sentence in the United States penitentiary shall have the same privilege of treatment in Saint

Elizabeths Hospital during the continuance of h mental disorder as is granted in section 211 of th title to persons who escape the consequences of crim nal acts by reason of insanity, unless it be the opinio both of the physician to the penitentiary and th superintendent of the hospital, that such insane co vict is so depraved and furious in his character to render his custody in the hospital insecure, an his example pernicious. (R. S. § 4852; July 1, 191 ch. 209, § 1, 39 Stat. 309.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 4, 11 Stat. 157.

§ 211b. Insane persons accused of crime; delivery court on restoration to sanity.

When any person confined in Saint Elizabet Hospital charged with crime and subject to be tri therefor, or convicted of crime and undergoing ser tence therefor, shall be restored to sanity, the supe intendent of the hospital shall give notice thereof the judge of the criminal court, and deliver him the court in obedience to the proper precept. (R. § 4855; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 7, 11 Stat. 158.

§ 212. Transfer of insane convicts.

Upon the application of the Attorney General th Federal Security Administrator is authorized and d rected to transfer to Saint Elizabeths Hospital in th District of Columbia all persons who, having bee charged with offenses against the United States, ar in the actual custody of its officers, and all person who have been or shall be convicted of any offens in a court of the United States and are imprisone in any State prison or penitentiary of any State o Territory, and who during the term of their im prisonment have or shall become and be insan (June 23, 1874, ch. 465, § 1, 18 Stat. 251; Aug. 7, 1881 ch. 433, § 1, 22 Stat. 330; July 1, 1916, ch. 209, § 1 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), ef June 30, 1940, 5 F. R. 2422, 54 Stat. 1236.)

TRANSFER OF FUNCTIONS

Transfer of Saint Elizabeths Hospital to Federal Secu rity Agency, see note under section 161 of this title. § 213. Accommodation of insane convict in Stat asylums; compensation.

In all cases where any person convicted in a cour of the United States shall, while imprisoned unde such conviction in any State prison or penitentiary become and be insane, and there shall not be accom modation for such insane person at Saint Elizabeth Hospital, or if for other reasons the Attorney Genera is of opinion that such insane person should b placed at a State insane asylum rather than at said hospital, then the Attorney General shall have powe in his discretion to contract with any State insane or lunatic asylum, within the State in which such convict is imprisoned, for his care and custody while remaining so insane; and in all cases where such convicts shall be transferred to a State asylum for insane convicts, in accordance with the laws of such State, the Attorney General is authorized and directed to compensate the said asylum, or the proper

authorities controlling the same, for the care and ustody of such insane convicts, until their removal r discharge, in such amounts as he shall deem just and reasonable; but no contract shall be made or ompensation paid for the care of such insane person eyond their respective terms of imprisonment. June 23, 1874, ch. 465, § 2, 18 Stat. 251; July 1, 1916, 209, § 1, 39 Stat. 309.)

214. Return to prison on restoration to sanity.

Whenever such insane convict shall be restored to anity, after he or she shall have been transferred nder the provisions of sections 212 or 213 of this itle, he or she shall be returned to the prison or enitentiary from which the transfer was made, proided the term of imprisonment shall not have exired. The questions of sanity in all cases arising nder this section and sections 212 or 213 of this title hall be determined in accordance with the rules and egulations of existing laws, State or national, on hat subject, applicable to the prison, penitentiary, or sylum where such convict shall be confined. 3, 1874, ch. 465, § 3, 18 Stat. 252.)

215-220. Omitted.

CODIFICATION

(June

Sections pertained only to the District of Columbia. Section 215, act Apr. 27, 1904, ch. 1618, § 1, 33 Stat. 316, dated to apprehension and detention of certain insane ersons in District of Columbia.

Section 216, act Apr. 27, 1904, ch. 1618, § 2, 33 Stat. 317, lated to arrest at other than public places in District Columbia.

Section 217, acts Apr. 27, 1904, ch. 1618, § 3, 33 Stat. 17: July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to mporary detention of alleged insane persons found in istrict of Columbia.

Section 218, acts Apr. 27, 1904, ch. 1618, § 4, 33 Stat. 7: July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to mporary commitment of persons found in District of olumbia to other hospital, or detention in police station. Section 219, acts Apr. 27, 1904, ch. 1618, § 5, 33 Stat. 8 Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, related to rtificate by physician as to sanity or insanity found in istrict of Columbia.

Section 220, act Apr. 27, 1904, ch. 1618, § 6, 33 Stat. 8. related to making false affidavit or certificate. 221. Discharge of patients on bond.

If any person will give bond with sufficient security, › be approved by the United States District Court the District of Columbia, or by any judge ereof in vacation, payable to the United States, with ndition to restrain and take care of any independat or indigent insane person not charged with a reach of the peace, whether in the hospital or not, til the insane person is restored to sanity, such Curt or judge thereof may deliver such insane peron to the party giving such bond. (R. S. § 4856; une 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, h. 646, § 32 (b), 62 Stat. 991, eff. Sept. 1, 1948; May 4 1949, ch. 139, § 127, 63 Stat. 107.)

DERIVATION

Act Feb. 7, 1857, ch. 36, § 9, 11 Stat. 158.

CHANGE OF NAME

Act June 25, 1948, as amended by act May 24, 1949, subtituted "United States District Court for the District of lumbia" in lieu of "district court of the United States or the District of Columbia".

24626-53-vol. 299

[blocks in formation]

set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees, transferred all functions of administration of certain historical national cemeteries located within the continental limits of the United States, including certain cemeteries administered by the War Department to the Director of National Parks, Buildings, and Reservations in the Department of the Interior.

By Ex. Ord., No. 6228, July 28, 1933, also set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees, the operation of Executive Order No. 6166 as to the transfer of the specified national cemeteries was postponed until further order, except with regard to the following cemeteries located within the continental limits of the United States:

NATIONAL MILITARY PARKS

Chickamauga and Chattanooga National Military Park, Georgia and Tennessee.

Fort Donelson National Military Park, Tennessee. Fredericksburg and Spotsylvania County Battle Fields Memorial, Virginia.

Gettysburg National Military Park, Pennsylvania.
Guilford Courthouse National Military Park, North
Carolina.

Kings Mountain National Military Park, South Carolina.
Moores Creek National Military Park, North Carolina.
Petersburg National Military Park, Virginia.
Shiloh National Military Park, Tennessee.
Stones River National Military Park, Tennessee.
Vicksburg National Military Park, Mississippi.

NATIONAL PARKS

Abraham Lincoln National Park, Kentucky. Fort McHenry National Park, Maryland.

BATTLEFIELD SITES

Antietam Battlefield, Maryland.

Appomattox, Virginia.

Brices Cross Roads, Mississippi.

Chalmette Monument and Grounds, Louisiana. Cowpens, South Carolina.

Fort Necessity, Wharton County, Pennsylvania. Kenesaw Mountain, Georgia.

Monocacy, Maryland.

Tupelo, Mississippi.

White Plains, New York.

NATIONAL MONUMENTS

Big Hole Battlefield, Beaverhead County, Montana.
Cabrillo Monument, Ft. Rosecrans, California.
Castle Pinckney, Charleston, South Carolina.
Father Millet Cross, Fort Niagara, New York.
Fort Marion, St. Augustine, Florida.

Fort Matanzas, Florida.

Fort Pulaski, Georgia.

Meriwether Lewis, Hardin County, Tennessee.

Mound City Group, Chillicothe, Ohio.

Statue of Liberty, Fort Wood, New York.

MISCELLANEOUS MEMORIALS

Camp Blount Tablets, Lincoln County, Tennessee.
Kill Devil Hill Monument, Kitty Hawk, North Carolina.
New Echota Marker, Georgia.

Lee Mansion, Arlington National Cemetery, Virginia.

NATIONAL CEMETERIES

Battleground, District of Columbia.

Antietam, (Sharpsburg) Maryland.

Vicksburg, Mississippi.

Gettysburg, Pennsylvania.

Chattanooga, Tennessee.

Fort Donelson, (Dover) Tennessee.
Shiloh, (Pittsburg Landing) Tennessee.
Stones River, (Murfreesboro) Tennessee.
Fredericksburg, Virginia.

Poplar Grove, (Petersburg) Virginia.
Yorktown, Virginia.

CHANGE OF NAME

The Director of National Parks, Buildings and Reservations was renamed the Director of National Park Service by act Mar. 2, 1934, ch. 38, 48 Stat. 362.

NATIONAL CEMETERIES IN FOREIGN COUNTRIES The functions of administration pertaining to nationa! cemeteries located in foreign countries, which were transferred to the Department of State, were revoked and the functions of administration pertaining to national cemeteries and memorials located in Europe, together with personnel, records, etc. were transferred to the American Battle Monuments Commission by Ex. Ord. No. 6614, April 25, 1934, set out in note under section 132 of Title 5, Executive Departments and Government Officers and Employees.

§ 271. Manner of acquisition of lands.

The Secretary of the Army 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 the Army 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 authorized to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes. (R. S. § 4870; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

DERIVATION

Act Feb. 22, 1867, ch. 61, § 4, 14 Stat. 400.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by act July 26, 1947.

TRANSFER OF FUNCTIONS

See note preceding this section.

§ 271a. State donations of land.

The Secretary of the Army is authorized to accept (on behalf of, and without cost to, the United States from any State title to such land as he deems suitable for national cemetery purposes. Upon the acquisition of such land by the United States, the Secretary of the Army is authorized to establish thereon s national cemetery and to provide for the care and maintenance of such national cemetery. (June 29, 1938, ch. 808, 52 Stat. 1233; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by section 205 (a) of act July 26,

1947.

§ 272. Appraisement of real estate.

The Secretary of the Army 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 district court within any State or district where such real estate is situated; and such court 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 cash value of the several interests of each and every owner of such real estate and improvements thereon. (R. S § 4871; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

« PreviousContinue »