Shoulder Scales – Complete Excavated Set

Price: $250.00 Status: Available
A complete pair of excavated shoulder scales or epaulettes recovered 1990 in Williamsburg, VA. Typically, when excavated shoulder scales are recovered they are either in pieces or missing parts, in this case, this is a complete solid set. This set includes their brass back strap, brass holders, and brass locking devices. This very handsome and complete pair will enhance any excavated uniform accoutrement or general relic collection. Their deep glass top display case is included.

Massachusetts Indian Burial Laws

Citation: Discovery of Unmarked Skeletal Remains (Mass. General Laws Ann. Ch. 38, §6B); Commission on Indian Affairs (Mass. Gen. Laws Ann. Ch.7, §38A); Violation of Sepulchre (Mass. Gen. Laws Ann. Ch. 272, §71); Injuring or Removing Tombs, Graves, Memorials, etc. (Mass. Gen. Laws Ann. Ch. 272, §73), Preservation of Ancient Burial Places (Mass. Gen. Laws Ann. Ch. 114, §17), Reports to State Archaeologist [Cessation of Activities at Unmarked Burial Grounds] (Mass. Gen. Laws Ann. Ch. 9, §27C).

Date Enacted: 1983, 1989

Summary: Any person in the Commonwealth who discovers unmarked skeletal remains or who knowingly disturbs such remains is required to immediately notify the medical examiner of the district or county where the remains are located. The medical examiner must then conduct an inquiry to determine whether the remains are suspected of being 100 years old or more, in which case he shall immediately notify the State Archaeologist. If the remains are determined to be of archaeological significance, the Commission on Indian Affairs is notified and a site evaluation is made to determine if the remains are Native American Indian. If so, the State Archaeologist, landowner and Commission on Indian Affairs will determine whether alternatives exist to avoid or minimize harm to the site. If there are no alternatives for in situ preservation, the State Archaeologist will excavate the site under the supervision of the commission. The State Archaeologist and commission determine if immediate disposition or skeletal analysis is appropriate. If immediate reinterment is the option, the Commission is responsible. Analysis may not exceed one year, unless an extension is granted by the Commission. After analysis, the commission is responsible for reinterment.

Jurisdiction: Unmarked prehistoric burials on state and private lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: Any unmarked skeletal remains. Ownership: The Commission on Indian Affairs.
Review/Consultation Committee: The State Archaeologist must consult with the Commission on Indian Affairs and other interested parties will be consulted throughout the process.
Liable: Anyone who violates the law and removes remains without a permit.
Penalties: Anyone who, without lawful authority, willfully digs up, disinters, removes or conveys away a human body or the remains thereof or is an accessory to such an act is punishable by imprisonment in the state prison for not more than three years, or in jail for not more than two and one half years, or by a fine of not more than $2,000.The willful destruction, mutilation, injury, or removal, or wanton disturbance of the contents of a tomb or grave is punishable by imprisonment ranging from not more than two and one-half years in jail up to five years in the state prison and by a fine not to exceed $5,000.
Exemptions: Not specified.
Permitting: The State Archaeologist is responsible for issuing archaeological permits for all excavations.

Michigan Indian Burial Laws

Citation: Aboriginal Records and Antiquities (Michigan Stat. Ann. §13.22, et seq.); Historical Commission (Michigan Stat. Ann. §15.1801, et seq.).

Date Enacted: Last amended 1989

Summary: The Aboriginal Records and Antiquities Act prohibits the exploration or excavation of aboriginal remains on state lands without a permit from the Director of Natural Resources. It also makes it illegal to remove relics or records of antiquity such as human bones without private land owners permission. More general preservation statutes establish the Historical Commission and outline the requirement to consult with the Indian Affairs Commission. The law does not have specific direction on repatriation of human remains or grave goods, nor does it outline steps to follow in cases of inadvertent discovery of unmarked human graves during authorized projects.

Jurisdiction: Unmarked aboriginal burials on state and private lands.
Statute of Limitations: Not specified.
Areas Covered Under Act: Any unmarked skeletal remains.
Ownership: State.
Review/Consultation Committee: Michigan’s Indian Affairs Commission should be consulted.
Liable: Anyone violating the Aboriginal Records and Antiquities Act, with a permit, is liable.
Penalties: Anyone who, without lawful authority, is guilty of a felony with fines of up to $5,000 or jail for up to two years, or both.
Exemptions: Not specified.
Permitting: The Director of Natural Resources has jurisdiction for issuing excavation permits.

Minnesota Indian Burial Laws

Citation: Private Cemeteries (Minnesota Stat. Ann. §307.08).

Date Enacted: Amended 1976, Effective 1983, Amended 1993, 1997

Summary: The Private Cemeteries Act offers protection to all human remains and human burials on state and private lands or waters. Anyone who intentionally, willfully or knowingly destroys, mutilates, injures, or removes human skeletal remains or human burial grounds is guilty of a felony. The State Archaeologist will appoint a qualified archaeologist to identify Indian burial grounds. All undiscovered human remains over 50 years old, outside of a plotted cemetery, are dealt with according to this Act. In cases where remains are discovered and the remains are not Native American, provisions developed by the State Archaeologist will be followed. If probable tribal identity can be determined, the State Archaeologist and the Indian Affairs Council will decide if they should be turned over to the contemporary tribal leaders for disposition. If the State Archaeologist and Indian Affairs Council decide it necessary the remains may be studied prior to return. When Indian burials are known or suspected to exist, on public lands or waters, the state or political subdivision controlling the lands or waters shall submit construction and development plans to the State Archaeologist and the Indian Affairs Council for review prior to the time bids are advertised.

Jurisdiction: All state and private lands and waters.
Statute of Limitations: Not specified.
Areas Covered Under Act:
All human remains and burials.
Ownership: The state of Minnesota or identified tribe.
Review/Consultation Committee: Consultation with the Indian Affairs Council.
Liable: Anyone who intentionally, willfully or knowingly destroys, mutilates, injures or removes human skeletal remains or burials is liable.
Penalties: Anyone who violates the burial laws is committing a gross misdemeanor with fines reaching as high as $10,000 and prison terms up to five years.
Exemptions: Not specified.
Permitting: Permission to excavate issued by State Archaeologist in consultation with the Indian Affairs Council.

Mississippi Indian Burial Laws

Citation: Antiquities Law (Mississippi Code Ann. §39-5-1-27, et seq.).

Date Enacted: 1972, amended 1986

Summary: Mississippi does not have specific unmarked burial provisions but depends on its broad based antiquities laws. This statute preserves and protects sites, objects, buildings, shipwrecks, and locations of historic, archaeological and architectural significance in, on or under state lands. This includes prehistoric and historic American Indian or aboriginal campsites, dwellings, and habitation sites. The statutes further makes it illegal to deface any American Indian or aboriginal sites includes burial mounds. The Department of Archives and History is responsible for implementing the law and issuing excavation permits.

Jurisdiction: All state and other municipality lands and waters in Mississippi.
Statute of Limitations: Not specified.
Areas Covered Under Act: All archaeological sites including American Indian burial mounds and other sites.
Ownership: State.
Review/Consultation Committee: Not specified.
Liable: Anyone who violates provision of the Act without permit.
Penalties: Misdemeanor penalties with fines ranging from $500 to $5,000 and jail terms of 30 days. The state offers rewards of $500 for information leading to arrest and conviction.
Exemptions: None.
Permitting: The Department of Archives and History issues general archaeological permits.

Missouri Indian Burial Laws

Citation: Unmarked Human Burial Sites (Missouri Rev. Stat. §194.400, et seq.).

Date Enacted: 1987

Summary: This statute establishes an Unmarked Human Burial Consultation Committee in the Department of Natural Resources. Upon discovery of unmarked human burials or human skeletal remains during archaeological excavation, construction, agriculture or other ground disturbing activities on private lands and waters or state lands and waters, the activity must cease immediately and either the State Historic Preservation Officer (SHPO) or local law enforcement office is notified. Activity will not resume until specific authorization from either the SHPO or law enforcement office is received. The law enforcement officer determines if the remains are needed for criminal investigation; if not, the SHPO determines if the human remains must be removed for scientific analysis. An archaeological investigation will be done within 30 days to determine cultural and biological characteristics. The SHPO must try to identify and locate direct kin who will determine disposition; if no direct kin can be identified and ethnic affinity has been determined, the ethnic group determines disposition. If the SHPO determines the remains are scientifically important, analysis may take place prior to reinterment. Analysis must be completed within one year. If no affinity can be established, the Unmarked Human Burial Consultation Committee determines disposition. It is a Class D felony with five years imprisonment and $10,000 fine to violates the law. It is unclear who pays for required archaeological excavation and study of remains. There is no mention of associated artifacts.

Jurisdiction: All state and private lands and waters in Missouri.
Statute of Limitations: Not specified.
Areas Covered Under Act: All human skeletal remains and unmarked human burials.
Ownership: The State Historic Preservation Officer is responsible.
Review/Consultation Committee: The Act establishes the Unmarked Human Burial Consultation Committee.
Liable: Anyone who disturbs burials without a permit.
Penalties: Class D felony with up to five years imprisonment and $10,000 fine to violate the law.
Exemptions: None.
Permitting: The SHPO issues excavation permits.

Montana Indian Burial Laws

Citation: Human Skeletal Remains and Burial Site Protection Act (Montana Code Ann. §22-3-801 through §22-3-811).

Date Enacted: 1991

Summary: The Human Skeletal Remains and Burial Site Protection Act applies to all human skeletal remains and burial sites on state and private lands not protected as cemeteries. The law establishes the Burial Preservation Board. Upon discovery of human remains through ground disturbing activity including agriculture, the activity ceases and the coroner is contacted within two days. The coroner has two days to decide if remains are of a criminal act or of archaeological significance. If the remains are archaeologically significant, the coroner has 24 hours to contact the SHPO. Within 24 hours the SHPO must contact the land owner and the Burial Preservation Board or the nearest reservation representative. Within 36 hours of the Board being notified, a representative will preform an initial field review which must be completed within 36 hours to determine if the site can be preserved in situ, negotiate with the landowner, or recommend final disposition. If agreement with landowner cannot be reached within 40 days of notification, the remains must be removed and the Board is responsible for the ultimate disposition and descendants or a cultural group must be identified if possible. Scientific study is permissible for up to one year after application is obtained. A series of fines and prison sentences ranging from $100 to $50,000 and up to 20 years in jail are applicable.

Jurisdiction: All state and private lands in Montana.
Statute of Limitations: Not specified.
Areas Covered Under Act: Human skeletal remains, burial sites and burial material.
Ownership: Not specified.
Review/Consultation Committee: The Burial Preservation Board is established under this Act.
Liable: Anyone who purposely or knowingly disturbs, destroys or pilfers; allows such actions to occur to an unmarked grave or burial; knowingly possesses, buys, sells, transports or displays human skeletal remains or burial materials; or purposely or knowingly discloses information that leads to disturbing remains or a burial site.
Penalties: Fines range from $100 to $50,000 and prison sentences up to 20 years.
Exemptions: Not specified.
Permitting: Permits are issued by the Board and fees are not to exceed $50.00.

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