be issued be allowed to locate the same within the limits of any other State, or of any territory of the United States, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to sale at private entry at one dollar and twentyfive cents or less per acre; and provided further, that not more than one million acres shall be located by such assignees in any one of the States; and provided further, that no such location shall be made before one year from the passage of this act.

SECT. 3. And be it further enacted, that all the expenses of management, superintendence, and taxes, from date of selection of said lands previous to their sales, and all expenses incurred in the management and disbursement of the moneys which may be received therefrom, shall be paid by the States to which they may belong, out of the treasury of said States, so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned.

SECT. 4. And be it further enacted, that all moneys derived from the sale of the lands aforesaid by the States to which the lands are apportioned, and from the sales of land scrip hereinbefore provided for, shall be invested in stocks of the United States, or of the States, or some other safe stocks, yielding not less than five per centum upon the par value of said stocks; and that the moneys so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section fifth of this act) and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of this act, to the endowment, support, and maintenance of at least one college where the leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the States may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions in life.

SECT. 5. And be it further enacted, that the grant of land and land scrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions hereinbefore contained, the previous assent of the several States shall be signified by legislative acts:

First. If any portion of the fund invested, as provided by the foregoing section, or any portion of the interest thereon, shall, by any action or contingency, be diminished or lost, it shall be replaced by

the State to which it belongs, so that the capital of the fund shall remain forever undiminished; and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this act, except that a sum not exceeding ten per centum upon the amount received by any State under the provisions of this act may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said State.

Second. No portion of said fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretence whatever, to the purchase, erection, preservation, or repair of any building or buildings.

Third. Any State which may take and claim the benefit of the provisions of this act shall provide, within five years, at least not less than one college, as described in the fourth section of this act, or the grant to such State shall cease; and said State shall be bound to pay to the United States the amount received for any land previously sold, and that the title to purchasers under the State shall be valid.

Fourth. An annual report shall be made regarding the progress of each college, recording any improvements and experiments made, with their cost and results, and such other matters, including state, industrial, and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail free, by each, to all the other colleges which may be endowed under the provisions of this act, and also one copy to the secretary of the interior.

Fifth. When lands shall be selected from those which have been raised to double the minimum price in consequence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished.

Sixth. No State while in a condition of rebellion or insurrection against the government of the United States shall be entitled to the benefit of this act.

Seventh. No State shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its Legislature within two years from the date of its approval by the President.

SECT. 6. And be it further enacted, that land scrip issued under the provisions of this act shall not be subject to location until after the first day of January, one thousand eight hundred and sixty-three.

SECT. 7. And be it further enacted, that the land officers shall receive the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land

warrants under existing laws; provided, their maximum compensation shall not be thereby increased.

SECT. 8. And be it further enacted, that the governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such scrip until the whole shall be disposed of, the amount received for the same, and what appropriation has been made of the proceeds.

[Approved July 2, 1862.]

AN ACT for the Reception of a Grant of Land by Congress, and to Create a Fund for the Promotion of Education in Agriculture and the Mechanic Arts.

Be it enacted by the Senate and House of Representatives in General Court convened:

SECTION 1. The State of New Hampshire hereby accepts the grant made to it by Congress, according to the provisions of an act donating public lands to the several States and Territories, which may provide colleges for the benefit of agriculture and the mechanic arts, approved July 2, 1862, and the governor is hereby authorized and instructed to give due notice thereof to the secretary of the interior, or other proper officer of the government of the United States.

SECT. 2. The governor is hereby authorized and instructed to receive by himself, or his order, from the secretary of the interior, or any other officer authorized to issue the same, all the land scrip to which this State may be entitled by the provisions of the beforementioned act of Congress.

SECT. 3. The governor, by and with the advice and consent of the council, is hereby authorized and instructed to appoint a commissioner, whose duty it shall be to take charge of the scrip received by this State, and to sell and transfer the same on terms to be approved by the governor and council; provided, that no scrip shall be transferred and delivered to any purchaser thereof until the same shall have been fully paid for, and said commissioner shall pay the moneys so received to the treasurer of the State. Said commissioner shall give a bond with sufficient sureties, in the penal sum of twenty-five thousand dollars, to be approved by the governor and council, that he will faithfully perform the duties of his office, and shall render full and accurate returns to them at the end of every six months, or oftener, if required to do so by them, of his proceedings under this act. The compensation of said commissioner shall be fixed by the governor and council,

and the governor is hereby authorized to draw his warrants on the treasury for the same, and for all other necessary expenses arising out of the management and sale of said scrip.

SECT. 4. The treasurer shall hold all the moneys received for the sale of said scrip and shall invest the same in accordance with the provisions of the fourth section of the before-mentioned act of Congress. The money so invested shall constitute a separate and perpetual fund, to be entitled, "The fund for the promotion of education in agriculture and the mechanic arts," which shall be appropriated and the interest used in such manner as the Legislature shall prescribe, and in accordance with the aforesaid act of Congress, and with which a special office and bank account shall be kept, so that the moneys shall not be intermingled with ordinary funds of the State; and of the state and condition of said fund, the treasurer shall make an annual report to the Legislature.

SECT. 5. The governor, with the advice and consent of the council, is hereby authorized and instructed to appoint a committee consisting of ten persons, one from each county, who, from their profession and pursuits, may in their judgment be best qualified for the duty, who shall, after the fullest inquiry and consultation, prepare a scheme for the establishment of a college for education in agriculture and the mechanic arts, and make a printed report thereon to the Legislature at its next June session. The compensation of said committee for their labor and expenses shall be determined by the governor and council, and the governor is hereby authorized to draw his warrants on the treasury for the same, on receiving their report.

SECT. 6. This act shall take effect upon its passage. [Approved July 9, 1863.]

AN ACT to incorporate the New Hampshire College of Agriculture and the Mechanic Arts.

Be it enacted by the Senate and House of Representatives in General Court convened:

SECTION 1. That a college is hereby established, incorporated, and made a body politic and corporate, by the name of the New Hampshire College of Agriculture and the Mechanic Arts, whose leading object shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in conformity to an

act of Congress, entitled, "An act donating land to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, approved July 2, 1862," and by that name may sue and be sued, prosecute and defend to final judgment and execution, and shall be vested with all the powers and privileges and be subject to all the liabilities incident to corporations of a similar nature. SECT. 2. The general government of this college shall be vested in nine trustees, five of whom shall be appointed, one from each councilor district, and commissioned by the governor, with the advice of the council, and four by the trustees of Dartmouth College, and be so classified and commissioned that the offices of three trustees shall become vacant annually.

SECT. 3. The trustees shall appoint a secretary, who shall keep a full and fair record of their proceedings, and a treasurer, who shall give bonds to the faithful discharge of his duties, in such sum as the trustees may require; and may receive such compensation for his services as they may deem reasonable. They shall also appoint a faculty of instruction, prescribe their duties, and invest them with such powers, for the immediate government and management of the institution, as they may deem most conducive to its best interests.

SECT. 4. No trustee shall receive any compensation for his services, but expenses reasonably incurred by him shall be paid by the college. SECT. 5. The trustees shall make an annual report to the Legislature of the financial condition, of the operations and progress of the college, recording any improvements and experiments made, with their cost and results, including state, industrial, and economical statistics, as may be supposed useful; one copy of which shall be transmitted by mail, free, to all the other colleges which may be endowed under the provisions of the act of Congress hereinbefore mentioned, and also one copy to the United States secretary of the interior.

SECT. 6. The trustees are authorized and empowered to locate and establish the college incorporated by this act, at Hanover, in this State, in connection with Dartmouth College, and with that corporation to make all necessary contracts, in relation to the terms of connection therewith, subject to be terminated upon a notice of one year, given at any time after fourteen years, and to its furnishing to the College of Agriculture and the Mechanic Arts the free use of an experimental farm, of all requisite buildings, of the libraries, laboratories, apparatus, and museums of said Dartmouth College, and for supplying such instruction, in addition to that furnished by its professors and teachers, as the best interests of its students may require; and also as