of eighteen hundred and sixty-three, in all its details, and within the time therein limited therefor. Nor shall the trustees of the said People's College receive from the comptroller any portion of the income and avails of the said lands until they have complied with and performed the terms and conditions of the said act, chapter five hundred and eleven of the laws of eighteen hundred and sixtythree, to the satisfaction of said regents; nor shall they receive any portion of the said avails and income or revenue unless they comply with the conditions of this act, by making and continuing the said deposit. If the said trustees of the People's College shall not, within the term mentioned in the said act, chapter five hundred and eleven, have complied therewith to the satisfaction of the said regents, or if within the said term of three months they shall not have made the said deposit, in accordance with and upon the terms fixed by this act, then the avails, income and revenue which shall be received from the investments of the proceeds of the sales of the said lands, or of the scrip therefor, shall be disposed of to the corporation hereby created, in the manner provided for in this section, and not before. If, on the other hand, the said trustees of the People's College shall, within the time provided for in the act, chapter five hundred and eleven of the laws of eighteen hundred and sixty-three, and as herein provided, to the satisfaction of the said regents, comply with the conditions and obligations thereof and hereof, so that they shall be entitled to receive and enjoy the benefits thereof and hereof, then the said sum of five hundred thousand dollars given by Ezra Cornell, shall, in his option, or that of his personal representatives or assigns, revert to him or them. Moreover, the trustees of the People's College may, at any time, upon written notice to the said regents, withdraw and remove the aforesaid deposit; but such notice and withdrawal, or either of them, shall be deemed a relinquishment and forfeiture by them, of the benefit to them of the said chapter five hundred and eleven, and of the benefit of this act; and, thereupon, upon the performance of the said Ezra Cornell, or of his heirs, and of the corporation hereby created, of the conditions and obligations of this act, the said income, avails and revenue shall be disposed of to the said Cornell University, as hereinbefore provided.

§ 7. The trustees of said university, if they shall become entitled to the benefits of this act, shall make provisions, to the satisfaction of the regents, in respect to buildings, fixtures, and arrangements generally, within two years from the passage thereof, to fulfill the provisions of the aforesaid act of Congress. They shall also make all reports, and perform such other acts as may be necessary to conform to the act of Congress aforesaid. The said university shall be subject to the visitation of the regents of the university of New York.

§ 8. From and after the time the said corporation shall have become entitled to the benefits of this act as aforesaid, the said university grounds, farm, workshops, fixtures, machinery, apparatus, cabinets and library, shall not be encumbered, aliened, or otherwise disposed of by the said trustees, or by any other person, except on terms such as the legislature of the State of New York shall have approved, and any act of the said trustees, or that of any other person, which shall have that effect, shall be void.

§ 9. The several departments of study in the said university shall be open to applicants for admission thereto at the lowest rates of expense consistent with its welfare and efficiency, and without distinction as to rank, class, previous oc

cupation or locality. But with a view to equalize its advantages to all parts of the State, the institution shall annually receive students, one from each assembly district of the State, to be selected as hereinafter provided, and shall give them instruction in any department of said institution, free of any tuition fee, or of any incidental charges to be paid to said university, unless such incidental charges shall have been made to compensate for damages heedlessly or purposely done by the students to the property of said university. The said free instruction shall moreover be accorded to said students in consideration of their superior ability, and as a reward for superior scholarship in the academies and public schools of this State. Said students shall be selected as the legislature may from time to time direct, and, until otherwise ordered, as follows: The school commissioner or commissioners of each county, and the board of education of each city, or those performing the duties of such a board, shall select annually the best scholar from each academy and each public school of their respective counties or cities as candidates for the university scholarship. The candidates thus selected in each county or city shall meet at such time and place in the year as the board of supervisors of the county shall appoint, to be examined by a board consisting of the school commissioner or commissioners of the county, or by the said board of education of the cities, with such other persons as the supervisors shall appoint, who shall examine said candidates and determine which of them are the best scholars; and the board of supervisors shall then select therefrom, to the number of one for each assembly district in said county or city, and furnish the candidates thus selected with a certificate of such selection, which certificate shall entitle said student to admission to said university, subject to the examination and approval of the faculty of said university. In making these selections, preference shall be given (when other qualifications are equal) to the sons of those who have died in the military or naval service of the United States; consideration shall be had also of the physical ability of the candidate. Whenever any student selected as above described shall have been from any cause removed from the university before the expiration of the time for which he was selected, then one of the competitors to his place in the university, from his district, may be elected to succeed him therein, as the school commissioner or commissioners of the county of his residence, or the board of education of the city of his residence, may direct.

§ 10. All payments made under this act out of the treasury of the State shall be made by the treasurer on the warrant of the comptroller out of the special fund on deposit with the treasurer arising from the receipt of the income and revenue and avails mentioned in the sixth section of this act.

§ 11. Chapter five hundred and eleven of the laws of eighteen hundred and sixty-three, entitled "An Act to appropriate the income and revenue which may be received from the investment of the proceeds of the sales of the lands granted to the State by the act of Congress, entitled '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 second, eighteen hundred and sixty-two, passed May fourteenth, eighteen hundred and sixtythree," shall be read and construed, subject to the provisions of this act; and whenever the provisions of said act, chapter five hundred and eleven of the laws of eighteen hundred and sixty-three, and the other provisions of this act

shall conflict, the provisions of this act shall be deemed the law, and shall prevail.

12. The legislature may, at any time, alter or repeal this act.

§ 18. This act shall take effect immediately.

AN ACT TO AUTHORIZE AND FACILITATE THE EARLY DISPOSITION BY THE COMPTROLLER OF THE LANDS OR Land scrip Donated to THIS STATE BY THE UNITED STATES.

(Passed April 10, 1866.)

SECTION 1. The comptroller is hereby authorized to fix the price at which he will sell and dispose of any or of all the lands or land scrip donated to this State by the United States of America by act of Congress, approved July second, eighteen hundred and sixty-two, and entitled “An Act donating public lands to the several states and territories which may provide colleges for instruction in agriculture and the mechanic arts." Such price shall not be less than at the rate of thirty cents per acre for said lands. He may contract for the sale thereof, and sell the same to the trustees of Cornell University. If the said trustees shall not agree with said comptroller for the purchase thereof, then the commissioners of the land office may receive from any person or persons an application for the purchase of the whole, or of any part thereof, at the price so fixed by said comptroller, and may, if they are satisfied that the said person or persons will fully carry out and perform the agreement hereinafter mentioned, sell the same, or any part thereof, to the said person or persons. But said trustees or said person or persons shall, at the same time, make an agreement and give security for the performance thereof to the satisfaction of the comptroller, to the effect that the whole net avails and profits from the sale of scrip, or the location and use by said trustees, person or persons, of the said lands or of the lands located under said scrip, shall, from time to time, as such net avails or profits are received, be paid over and devoted to the purposes of such institution or institutions as have been or shall be created by the act, chapter five hundred and eighty-five of the laws of eighteen hundred and sixty-five, of the State of New York, in accordance with the provisions of the act of Congress hereinbefore mentioned. And the said trustees, person or persons, to whom the said lands or land scrip shall be sold, shall report to the comptroller annually, under such oath and in such form as the comptroller shall direct, the amount of land or land scrip sold, the prices at which the same have been sold, and the amount of money received therefor, and the amount of expenses incurred in the location and sale thereof.

§ 2. The comptroller is authorized, from time to time, as he shall see fit, to make such examination into the action and doings of his vendees of said lands or scrip therewith, as he shall deem necessary, to ascertain and determine what are the net avails of the said lands or scrip from the sale or from the location and use thereof by his said vendees.

ΟΠΙΟ.

AN ACT TO PROVIDE FOR THE SALE OF LAND SCRIP, AND THE LOCATION, AND ORGANIZATION OF A COLLEGE OF AGRICULTURE AND THE MECHANIC ARTS.

(Passed April 13th, 1865)

SECTION 1. The auditor, treasurer, and secretary of state are hereby authorized and directed on or before May 1st, 1865, to advertise in such form as they may deem proper, for proposals for the purchase of the land scrip received from the United States, for the establishment of an agricultural college or colleges in the State of Ohio. Such advertisement shall authorize proposals to be received by the auditor, treasurer, and secretary of state, and by the auditor and treasurer in each and every county of the state. The term of said notice shall not be for less than ninety days from the date thereof. No proposition shall be received for less than one hundred and ninety acres, nor for a rate of less than eighty cents per acre.

§ 2. If offers should not be received for the whole of said scrip, acceptable to said auditor, treasurer, and secretary of state, the said officers are authorized and directed to again advertise in like manner, for the proposals for the portion remaining unsold. The term of said notice shall be sixty days from date, and be otherwise governed by the regulations hereinbefore provided.

§ 3. Upon the acceptance of proposals and payment thereon, the party entitled thereto shall receive from said officers the amount of scrip purchased, with a certificate that he has duly purchased and paid for the same; and on presentation of the same to the governor, he shall execute the necessary transfer of the scrip, in accordance with the regulations provided by the several land offices therefor.

§ 4. The auditor and treasurer of each county in the state shall finally receive for such service as they may perform under this act, in accordance with their instructions from the auditor, treasurer, and secretary of state a sum equal to five per centum on all money received and paid over by them upon the first three hundred and twenty acres of scrip sold, three per cent, on all money so received and paid over for the next three hundred and twenty acres sold, and one per cent. on all receipts for sales after six hundred and fifty acres have been sold; and it is hereby made the duty of the auditor and treasurer of each county in the state to perform such services as may be required of them by the auditor, treasurer, and secretary of state, under this act; and the aforesaid county officers shall be paid by the auditor of state, out of the money hereinafter appropriated for such purpose.

§ 5. Said auditor, treasurer, and secretary of state, on or before the first day of December next, shall make to the governor a full and explicit report of their proceedings under this act; which report the governor shall communicate to the general assembly at its next session.

§ 6. All money received from the sale of land scrip shall be paid into the

state treasury, and shall be appropriated and used by the commissioners of the sinking fund for the reduction and payment of the other public debt of the

state.

$ 7. Upon the amount of money so received for the sale of scrip appropriated for and to be used in the reduction of the other public debt of the state as aforesaid, there shall be allowed, and paid semi-annually on the first days of July and January in each year, interest at the rate of six per cent. per annum; which shall be appropriated as provided in the act of congress approved July 2d, 1862, "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;" and for the prompt and regular payment of said interest, the preservation and appropriation of said fund, and the strict observance and fulfillment of the act of congress before referred to, the faith of the state is hereby irrevocably pledged.

§ 8. The commissioners of the sinking fund are hereby authorized and empowered, as fast as the sinking fund will enable them to do so, to reduce the debt called the “agricultural fund," by the purchase of stocks of the United States or of this state, yielding not less than six per centum, upon the par value of said stocks, which stocks, when so purchased, shall be transferred to the "State of Ohio, in trust for the agricultural college," and shall be deposited with the treasurer of state, and when so purchased, transferred and deposited, shall, to the extent of the amount paid for such stocks, reduce the debt hereby created and denominated "the agricultural fund."

9. There shall be appointed by the governor, by and with the advice and consent of the senate, five commissioners, no two of whom shall be residents of the same congressional district; two of whom shall be selected so as to re present the agricultural, and two representing the mechanical and manufacturing interests of the state, who shall be required to take and endorse upon their certificates of appointments an oath or affirmation to honestly and faithfully perform the duties imposed upon them by this act; one of said commissioners shall be selected with reference to his military knowledge.

10. Said commissioners, after full examination, shall report to the gov ernor by the first of December next, their opinion as to the place for locating said college or colleges; and in forming such opinion, said commissioners shall consider the accessibility of such location to all parts of the state, by the ordinary means of travel, the inducements which may be offered by any locality in the way of donations of land, buildings, money, or other valuable property, for said college or colleges, the practicability of procuring at reasonable expense the necessary quantity of land adapted to the use of an experimental farm, with such other considerations as should have influence in the selection of such location. Said commissioners shall also consider and report any propositions which are now, or may, within six months, be made, with the inducements offered for the establishment of more than one such college or colleges.

11. Said commissioners shall prepare and submit a detailed report for the organization of said college or colleges, and the necessary buildings therefor. It shall embrace the proper control and management of the property, the necessary structures, implements and stock of the farm; the branches and their respective divisions of learning to be taught; the course of studies to be pur