Page:United States Statutes at Large Volume 44 Part 1.djvu/126

§ 302 '''302. Method of apportionment and selection; issuance of land scrip.'''—The land aforesaid, after being surveyed, shall be apportioned to the several States in sections or subdivisions of sections, not less than one-quarter of a section; and when ever there are public lands in a State subject to sale at private entry at $1.25 per acre, the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State, and the Secretary of the Interior is directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at $1.25 per acre, to which said State may be entitled under the provisions of sections 301 to 308, inclusive, this chapter, land scrip to the amount in acres for the deficiency of its distributive share; said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in sections 301 to 308, inclusive, of this chapter, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus 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 funds of the United States subject to sale at private entry at $1.25, 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 July 2, 1803. (July 2, 1862, c. 130, § 2, 12 Stat. 503, 504.)

303. Expenses of management, etc., to be paid by State.— 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 sald States, so that the entire proceeds of the sale of sad lands shall be applied without any diminution whatever to the purposes hereinafter in, sections 304 to 308, inclusive, of this chapter mentioned. (July 2, 1862, c. 130, § 3, 12 Stat. 504.)

304. Investment of proceeds of sale of land or scrip.—All moneys derived from the sale of 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; Seventh. No State shall be entitled to the benefits of the or the same may be invested by the States haying no State stocks, in any other manner after the legislatures of such States shall have assented thereto, and engaged that such funds shall yield not less than 5 per centum upon the amount so invested and that the principal thereof shall forever remain unimpaired: Provided, That the moneys so invested or loaned shall constitute a perpetual fund, the capital of which shall remain forever undiminished (except so far as may be provided in section 303 of this chapter), and the interest of which shall be inviolably appropriated, by each State which may take and claim the benefit of sections 301 to 308, inclusive, of this chapter, 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 proscribe, in order to promote the liberal and practical education of the Industrial classes in the several pursuits and professions in life. (Mar. 3, 1883, c. 102, § 22 Stat. 484.)

305 Conditions of grant.—The grant of land and land scrip authorized in the foregoing sections of this chapter shall be made on the following conditions, to which, as well as to the provisions hereinbefore in this chapter 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 section 304 of this chapter, except that a sum. not exceeding 10 per centum upon the amount received by any State under the foregoing provisions of this chapter. may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legistures of said States.

Second. No portion of sald fund, nor the interest thereon, shall be applied, directly or indirectly, under any pretense 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 foregoing provisions of this chapter shall provide, within five years from the time of its acceptance as provided in sub-division seven of this section, at least not less than one college, as described in section 304 of this chapter, or the grant to such State shall cease; and said. State shall be bound to pay the United States the amount received of any lands previously sold, and 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 foregoing provisions of this chapter, 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 the foregoing provisions of this chapter

Seventh. No state shall be entitled to the benefits of the foregoing provisions of this chapter unless it shall express its acceptance thereof by its legislature within three years. from July 2, 1862: Provided. That when any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of the foregoing provisions of this chapter, by expressing the acceptance therein required within three years from the date of its admission into the Union, and providing the college or colleges within five years after such acceptance, as heretofore prescribed in this chapter: Provided further, That any State which bus prior to July 23, 1866, expressed Its acceptance of the foregoing provisions of this chapter shall have the period of five year-within which to provide at least one college, as described in section 304 of this chapter, after July 2, 1867. (July 2, 1862 c. 130, §5, 12 Stat. 504; July 23, 1866, c. 209, §14 Stat. 208.)

306. Land scrip; time of location.—Land scrip issued under the foregoing provisions of this chapter shall not be subject to location until after the 1st day of January, 1863. (July 2 1862, c. 130, §6, 12 Stat. 505.)

307. Fees for locating land scrip.—The land officers shall receive the same fees for locating land scrip issued under the foregoing provisions of this chapter as is on July 2, 1882. allowed for the location of military bounty land warrants under laws existing at that time: Provided, That their maximum compensation shall not be thereby increased. (July 2 1862, c. 130, § 7, 12 Stat. 505.)