sales, how applied. the Secretary of the Interior is hereby 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 one dollar and twenty-five cents per acre, to which said State may be entitled under the provisions of this grant, 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 Proceeds of applied to the uses and purposes prescribed by this grant, 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 of 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 twenty-five cents, or less, per acre, or shall be received from actual settlers in payMay be located ment of pre-emption claims in the same manner and to the or received from same extent as is now authorized by law in case of military pre-emption set- bounty-land warrants: Provided further, That not more than tlers in payment for their lands. one million acres shall be located by such assignees in any one of the States, and not more than three sections of land in any one township shall be entered with said scrip, and no location made prior to July second, eighteen hundred and sixty-three, shall be valid. State to locate scrip. on offered lands Limitations. Expenses of management, States. 12 Stat. 504; 15 id. 227; 16 id. 186; R. S. 2278. Decisions Com. G. L. O., Jan. 30, 1873 (Copp's Mg. Dec. 157). Cir. G. L. O., May 4, 1863 (Zab. L. L. 445); Aug. —, 1868 (id. 448); July 22, 1870 (Copp's L. L. 794); Jan. 5, 1872 (id. 483); Feb. 8, 1872 (id. 795); June 17, 1875 (id. 179); July 20, 1875 (id. 486; 2 Copp's L. O. 90). General Cir. G. L. O., Sept. 1, 1879, p. 7. SEC. 363. All the expenses of management, superintend&c., to be paid by ence, 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. Moneys from scrip to be invest the mechanic arts. 12 Stat. 504. SEC. 364. All moneys derived from the sale of the lands sale of land and aforesaid by the States to which the lands are apportioned, ed and interest and from the sales of land scrip, shall be invested in stocks of applied to support of college of the United States, or of the States, or some other safe stocks, agriculture and yielding not less than five per centum upon the par value of said stocks; and the money so invested shall constitute a perpetual fund, the capital of which shall remain forever undiminished, except as herein provided, and the interest of which shall be inviolably appropriated, by each State, 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. 12 Stat. 504. States. SEC. 365. The grant of land and land scrip hereby author- Conditions of ized shall be made on the following conditions, to which, as grant; assent of well as to the provisions hereinbefore contained, the prévious assent of the several States shall be signified by legislative acts: fund to be made up by State. First. If any portion of the fund invested, as provided by Diminution of the preceding 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 Annual interest diminution to the purposes mentioned in this grant, except to be applied regthat a sum, not exceeding ten per centum upon the amount received by any State, may be expended for the purchase of lands for sites or experimental farms, whenever authorized by the respective legislatures of said States. 12 Stat. 504. ularly. Second. No portion of said fund, nor the interest thereon, No funds to be expended for shall be applied, directly or indirectly, under any pretence buildings. whatever, to the purchase, erection, preservation, or repair of any building or buildings. 12 Stat. 504. furnished ormon Third. Any State claiming the benefit of the provisions College to be of this grant shall provide, on or before July first, eighteen eys refunded to hundred and seventy-four, not less than one college, or the United States. 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. 12 Stat. 504; 13 id. 47; 14 id. 208; 17 id. 416, 417. of colleges. Fourth. An annual report shall be made regarding the Annual reports 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 by this grant, and one copy to the Secretary of the Interior. 12 Stat. 505. selected. Fifth. When lands shall be selected from those which Computation when double-minhave been raised to double the minimum price, in conse- imum lands are quence of railroad grants, they shall be computed to the States at the maximum price, and the number of acres proportionally diminished. 12 Stat. 505. States in rebellion not entitled Sixth. No State while in a condition of rebellion or insurrection against the Government of the United States shall to benefit of grant. be entitled to the benefit of this grant. 12 Stat. 505. [Obsolete.] Assent of State Seventh. No State shall be entitled to the benefits of this to be given prior grant unless it shall have expressed its acceptance thereof to July 1, 1874. by its legislature on or before July first, eighteen hundred and seventy-four. Fees of land of ficers. Governors of States to report gress. 12 Stat. 505; 13 id. 47; 14 id. 208; 17 id. 416, 417. SEC. 366. The land officers shall receive the same fees for locating agricultural-college scrip as are now allowed for the location of military bounty-land warrants under existing laws: Provided, Their maximum compensation shall not be thereby increased. 12 Stat. 505. SEC. 367. The governors of the several States to which annually to Con- Scrip shall be issued under this grant 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. New States entitled to benefits of grant. Nevada may select double-min mineral. 12 Stat. 505. SEC. 368. When any Territory shall become a State and be admitted into the Union, such new State shall be entitled to the benefits of this grant, 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. 14 Stat. 208, 209. Cir. G. L. O., May 4, 1863 (Zab. L. L. 445). SEC. 369. The State of Nevada is authorized to select the imum lands not alternate even-numbered sections within the limits of any railroad grant in said State, in satisfaction of her grant of lands under the act of July second, eighteen hundred and sixty-two, and acts amendatory thereof, but this privilege shall not extend to lands upon which there may be any rightful claims under the pre-emption and homestead laws; and if lands be selected, the minimum price of which is two dollars and fifty cents per acre, each acre so selected shall be taken by the State in satisfaction of two acres, the minimum price of which is one dollar and twenty-five cents per acre; but lands valuable for mines of gold, silver, quicksilver, or copper shall not be selected in satisfaction of this grant. 12 Stat. 503, 504, 505; 15 id. 67, 68. Selection of California. SEC. 370. The lands granted to the State of California for lands granted to the establishment of an agricultural college by the act of July second, eighteen hundred and sixty-two, and acts amendatory thereto, may be selected by said State from any lands within said State subject to pre-emption, settlement, entry, sale, or location, under any laws of the United States. Such selection may be made in any legal subdivisions, adjoining by sides, so as to constitute bodies of not less than one hundred and sixty acres; or they may be made in separate subdivisions of forty, eighty, or one hundred and privilege of selectwenty acres, respectively: Provided, That this privilege shall not extend to lands upon which there may be rightful claims If double-min- under the pre-emption and homestead laws, nor to mineral selected, State to lands: Provided further, That if lands be selected as aforepay the difference in price. said, the minimum price of which is two dollars and fifty Limitation to tion. imum lands are lected are unsur cents per acre, they shall be taken acre for acre in part satisfaction of the grant, and the State of California shall pay to the United States the sum of one dollar and twenty-five cents per acre for each acre so selected, when the same shall be patented to the State by the United States: Provided Where lands further, That where lands sought to be selected for the agri- sought to be secultural college, are unsurveyed, the proper authorities of veyed. the State shall file a statement to that effect with the register of the United States land office, describing the land by township and range, and shall make application to the United States surveyor-general for a survey of the same, Survey. the expenses of the survey for field work to be paid by the State, provided there be no appropriation by Congress for that purpose. The United States surveyor-general, as soon as practicable, shall have the said lands surveyed and the township plats returned to the United States land office, and lands so surveyed and returned shall, for thirty days after the filing of the plats in the United States land office, be held exclusively for location for the agricultural Locations, when college, and within said thirty days the proper authorities and how made. of the State shall make application to the United States land office for the lands sought to be located by sections and parts of sections: Provided, That any rights under the Pre-emption pre-emption or homestead laws, acquired prior to the filing of the required statement with the register, shall not be im- fected. paired or affected by this act: Provided further, That such Selections, how selections shall be made in every other respect subject to the conditions, restrictions, and limitations contained in the acts hereby modified. Decisions Sec. Int., 12 Stat. 503, 504, 505; 15 id. 67, 68; 16 id. 581. and homestead rights not af to be made. SEC. 371. The lands granted to the State of Oregon, for Lands granted to Oregon for an the establishment of an agricultural college, by act of July agricultural colsecond, eighteen hundred and sixty-two, and acts amenda- lege, selections of. tory thereto, may be selected by said State from any lands within said State subject to homestead or pre-emption entry under the laws of the United States; and in any case where land is selected by the State, the price of which is fixed by If double-minlaw at the double minimum of two dollars and fifty cents imum land is seper acre, such land shall be counted as double the quantity to count double. toward satisfying the grant. 12 Stat. 503, 504, 505; 17 id. 217, 218. lected such land SEC. 372. Any such selections made by said State prior Selections confirmed except to June fourth, eighteen hundred and seventy-two, are con- when legally apfirmed, except so far as they may conflict with any adverse propriated. legal right existing on that date: Provided, That the State Proviso. shall not receive more than ninety thousand acres, the quantity granted by the act of July second, eighteen hundred and sixty-two: Provided also, That such lands shall not be sold by said State for less than two dollars and fifty cents per acre; and where settlement is made upon the same, preference in all cases shall be given to actual settlers at the price for which said lands may be offered. 12 Stat. 503, 504, 505; 17 id. 217, 218. Locations in ex allowed confirm SEC. 373. All locations of agricultural-college scrip made cess of quantity within thirty days after the date of the approval of the act of July twenty-seven, eighteen hundred and sixty-eight, if otherwise in conformity with law, are hereby legalized and made valid. ed. Certain excess locations in Wis 16 Stat. 186. [NOTE. This act was designed to cure selections in excess of three sections to a township, which had been made by parties in ignorance of the limitation contained in the act of July 27, 1868; 15 Stat. 227.] SEC. 374. All locations of agricultural-college scrip allowed coastings in med prior to December first, eighteen hundred and sixty-seven, at the several land offices in the State of Wisconsin, in excess of the maximum quantity authorized by the act of July second, eighteen hundred and sixty-two are hereby legalized; and the Commissioner of the General Land Office is authorized to issue patents upon such locations: Provided, The same shall be in all other respect legal and valid. Reissue of agricultural-college scrip. Settlements be 16 Stat. 116. SEC. 375. The provisions of the act of Congress of June twenty-third, eighteen hundred and sixty, relating to the reissue of land warrants in certain cases, are hereby extended so as to include the reissue of agricultural-college land scrip, lost, cancelled or destroyed without the fault of the owner thereof, under such rules and regulations as the Secretary of the Interior may prescribe. 12 Stat. 90, 91: 18 id. 111. Cir. G. L. O., Aug. 20, 1875 (Copp's L. L. 486; 1 Copp's L. O. 108). SEC. 376. Where settlements, with a view to pre-emption, fore survey on have been made before the survey of the lands in the field, deficiencies which are found to have been made on sections sixteen or sections 16 or 36; thereof. Selections to supply deficiencies of school lands. thirty-six, those sections shall be subject to the pre-emption claim of such settler; and if they, or either of them, have been or shall be reserved or pledged for the use of schools or colleges in the State or Territory in which the lands lie, other lands of like quantity are appropriated in lieu of such as may be patented by pre-emptors; and other lands are also appropriated to compensate deficiences for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. 11 Stat. 385; 18 id. 202; R. S. 2275. Minnesota . Bachelder, 1 Wall. 109; Sherman v. Buick, 3 Otto, 209; Water and Mining Co. v. Bugbee, 6 id. 165. Minnesota v. Bachelder, 7 Minn. 121; Layton v. Farrell, 11 Nev. 451; Railway Co. v. Robinson, 49 Cal. 446. Decisions Sec. Int., March 14, 1862; March 28, 1873 (Copp's L. L. 483); March 10, 1876; April 12, 1879. Decision Com. G. L. O., June 13, 1879 (6 Copp's L. O. 153). Cir. G. L. O., May 17, 1844 (1 Lester's L. L. 492); Aug. 21, 1862 (Copp's L. L. 437). SEC. 377. The lands appropriated by the preceding section shall be selected, within the same land district, in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire |