Page:The Preservation of Places of Interest or Beauty, 1907.djvu/14

 preserve a monument, however unique and valuable to the community, against the will of the owner; nor does it secure to the public the enjoyment of such a monument without the consent of the owner. The Ancient Monument Acts, in their relation to the private owners of monuments, are purely permissive. But they do afford a machinery by means of which, with the concurrence of the owner, a monument may be placed in the care of the State, or of a Local Authority. The owner of the monument may by deed constitute the Commissioners of His Majesty’s Works and Public Buildings, or the County Council, the guardians of the monument. When so constituted the Commissioners or the Council are empowered to maintain the monument and to protect it from damage or injury. Whilst the monument is in their hands, not even the owner is at liberty to injure or deface it. And with the consent of the owner the monument may be thrown open to public inspection. To put the matter shortly the owner of the monument may under the Acts ensure its preservation in public hands without parting with the ownership. And this may be done, not only by an absolute owner, but by the tenant for life of an estate-for the duration of his interest in any case, and if he has powers of sale (and nearly all tenants for life in England now have powers of sale under the Settled Land Act, 1882), in perpetuity. In other words, the owner of a monument, whether or not it is in settlement, may, by placing it in the care of a public authority, preclude the possibility of injury at the hands of a spendthrift successor, a ruthless farmer, or a careless or ignorant agent. Corporate bodies and the trustees of Charities can also avail themselves of the Act, and cannot therefore defend the sacrifice of historic association by the plea that they are bound to make the most money possible for those they represent. Further the Commissioners of