§§ ^37^^39]        Removal of Works of Art.                       303

proposed location of such work of art, shall first have been sub¬
mitted to and approved by the commission; nor shall such work of
art until so approved be erected or placed in or upon, or allowed to
extend over or upon any street, avenue, square, common, park,
municipal building, or other public place belonging to the city. The
commission may, when they deem proper, also require a complete
model of the proposed work of art to be submitted. The term
"work of art" as used in this title shall apply to and include all
paintings, mural decorations, stained glass, statues, bas reliefs or
other sculptures; monuments, fountains, arches, or other structures
of a permanent character intended for ornament or commemora¬
tion. No existing work of art in the possession of the city shall be
removed, relocated or altered in any way without the similar
approval of the commission, except as provided in section six hun¬
dred and thirty-nine of this act. When so requested by the mayor
or the tnunicipal assembly the commission shall act in a similar
capacity, with similar powers, in respect of the designs of municipal
buildings, bridges, approaches, gates, fences, lamps or other struct¬
ures erected or to be erected upon land belonging to the city, and
in respect to the lines, grades and plotting of public ways and
grounds, and In respect of arches, bridges, structures and
approaches which are the property of any corporation or private
individual, and which shall extend over or upon any "street, avenue,
highway, park or public place belonging to the city. But this sec¬
tion shall not be construed as Intended to impair the power of the
park board to refuse its consent to the erection or acceptance of
public monuments or memorials or other works of art of any sort
within any park, square or public place in the city.

Time for decision limited.

§ 638. If the commission shall fail to decide upon any matter sub-
tnitted to it within sixty days after such submission. Its decision shall
be deemed unnecessary.

Removal or re-location of works of art; duty of commission.

§ 639. In case the immediate removal or relocation of any exist¬
ing work of art shall be deemed necessary by the mayor, the com¬
mission shall within forty-eight hours after notice from him approve
or disapprove of such removal or re-location, and In case of their
failure so to act within forty-eight hours after the receipt of such
notice, they shall be deemed to have approved the same.