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SEC 3. And be it further enacted, That all the expenses of management, superintendence, and taxes from the 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.

SEC. 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.

SEC. 5. And be it further enacted, That the grant of land and landscrip hereby authorized shall be made on the following conditions, to which, as well as to the provisions herein before 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 States.

Second. No portion of said 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 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 the United States the amount received of any lands 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 in 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.

SEC. 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.

SEC. 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.

SEC. 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.

The following sections of the Revised Statutes refer to the application of agricultural college scrip in the entry of public lands: [Sections 2238, 2278, 2377.]

An Act to authorize the the issue of duplicate Agricultural Land-Scrip where the original has been lost or destroyed. (No. 629.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the act of Congress of the twenty-third day of June, eighteen hundred and sixty, relating to the re-issue of land warrants in certain cases, be, and the same are hereby, extended so as to include the re-issue of agricultural college land-scrip lost, canceled, or destroyed without the fault of the owner thereof, under such rules and regulations as the Secretary of the Interior may prescribe.

Approved, June 20, 1874. (Part II., No. 116.)

The act of Congress approved June 23, 1860, referred to in, and made a part of, the said law of June 20, 1874, is as follows, viz:

An Act to authorize the re-issue of land warrants in certain cases, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever it shall appear that any certificate or warrant, issued in pursuance of any law of the United States granting bounty land, has been lost or destroyed, whether the same had been sold and assigned by the warrantee or not, the Secretary of the Interior shall be, and he is hereby, authorized and required to cause a new certificate or warrant of like tenor to be issued in lieu thereof; which new certificate or warrant may be assigned,

located, and patented in like manner as other certificates or warrants for bounty land are now authorized by law to be assigned, located, and patented; and in all cases where warrants have been or may be reissued, the original warrant, in whosever hands it may be, shall be deemed and be held to be null and void, and the assignment thereof, if any there be, fraudulent; and no patent shall ever issue for any land located therewith, unless such presumption of fraud in the assignment be removed by due proof that the same was executed by the warrantee in good faith and for a valuable consideration.

SEC. 2. And be it further enacted, That the said Secretary of the Interior shall be, and he is hereby, authorized and required to prescribe such rules and regulations for carrying this act into effect as he may deem necessary and proper in order to protect the Government against imposition and fraud by persons claiming the benefit of this act; and all laws and parts of laws for the punishment of false swearing and frauds against the United States are hereby made applicable to false swearing and frauds under this act.

Approved, June 23, 1860. (12 Stats, p. 90.)

To carry into effect the said acts so far as the same relate to agricultural college land-scrip, the following rules and regulations are prescribed:

1st. Whenever any piece of such scrip has failed to reach the hands of the party entitled to receive it, and to whom it was sent, or has been lost, canceled, or destroyed without the fault of the owner thereof, after having been received, in order to prevent the issuing of a patent to a fraudulent holder of the same, the actual owner must at once file in this Office a caveat, in the form of an affidavit, duly authenticated, setting forth the nature of his title to the scrip, and the particulars as to its loss, cancellation, or destruction, and giving his post-office address.

2d. The applicant must give public notice of the facts in the case, at least once a week for six successive weeks, in some newspaper of general circulation published at or nearest the place to which the scrip was directed, or where the loss, cancellation, or destruction occurred. In such publication (a copy of which must be furnished, with the affidavit of the publisher as to its due appearance) the intention must also be expressed of applying to the Commissioner of the General Land-Office for a re-issue of such scrip, which must be described by number, and the name of the State given to which the same was issued.

3d. The filing of the caveat and the advertisement of the loss, cancellation, or destruction being only preliminary steps toward the observ. ance of these regulations, the owner of such scrip must file, as soon after the discovery of such accident as practicable, his declaration, under oath and duly authenticated, setting forth fully and distinctly the time, place, and circumstances of the loss, cancellation, or destruction, and that he has never sold, assigned, nor voluntarily alienated his right in and to the same.

4th. In cases where a re-issue of scrip is claimed on the ground of the non-receipt of the original thereof, the agent or person to whom it was transmitted must unite with the claimant, or make a separate affidavit as to its non-reception.

5th. If the applicant for the re-issue is not the person to whom the scrip was originally assigned by the proper State authorities, but claims

to be the owner thereof by subsequent purchase for a valuable consider. ation, he must give the name and residence of the original assignee, the name and residence of the party of whom he purchased, and, as far as he may know or can ascertain, the name and residence of each of the several assignors through whom the title to the scrip was conveyed to him from the original assignee, and produce satisfactory evidence in proof of each and all his statements in reference thereto.

6th. Whenever the applicant establishes a satisfactory title to the scrip for which a re-issue is claimed, and such re-issue shall be made, a certificate will be indorsed thereon, signed by the Commissioner of the General Land Office, that the claimant is entitled to assign or locate the same; such transfer to be made in the same manner and form as military bounty-land warrants are authorized by existing laws and regulations to be assigned.

7th. The identity of the claimant must be satisfactorily established, and the credibility of every affiant must be duly certified to by the magistrate administering the oaths, and his official character and signature must be shown by the certificate of the clerk of the proper court or county, under the seal thereof.

No scrip will be re-issued until after the expiration of three (3) months from the date of the filing of the application therefor in this office, and not then if it shall appear that the original scrip is in existence and uncancelled. (Circular of September 16, 1874)

S. S. BURDETT, Commissioner.

V. JUDICIAL DECISIONS.

OREGON.

Prior to the 27th September, 1850, a settler on the public lands in Oregon held a mere possessory right, which ceased with his occupation; he had no interest which he could incumber, or transfer to another. Lownsdale v. City of Portland., 1 Oregon, 381. S. C., 1 Deady 1. Chapman v. School District, Ibid., 108.

CALIFORNIA.

The act of 17th March, 1866, declaring lands of the City of San José "not hitherto disposed of by ordinance," etc., to be vested in the corporate authorities of the city, in trust for the use and benefit of the public schools, did not operate as a confirmation of the previous sheriff's sale of lands in that city, attempted to be made under the ordinance of 16th November, 1851. La Roy v. Chabolla, 2 Ab. C. C. 448.

The title of the city of San Francisco to her public lands, rests upon the decree of the Circuit Court, as modified by the act of Congress of 8th March, 1866 Montgomery v. Bevans, 1 Saw., 653.

The claim of the city, as successor of the pueblo, to her municipal

lands, was founded upon the general law of Mexico. Ibid

The act of 1864 passed the entire title of the United States to the

city, subject to the right to resume certain parcels, upon the designation of the President, within a certain period; the titles conferred by the Van Ness ordinance thereby became perfect legal titles. Ibid.

Construction of the acts for the sale of swamp lands in California, O'Neal v. Kirkpatrick, 5 Wall., 791.

They did not authorize the sale of salt-marsh lands within five miles of San Francisco. Ibid.

SCHOOL LANDS.

Lands reserved for school purposes by the act of 13th June, 1812, after being designated and set apart by the Surveyor-General, in pursuance of subsequent legislation vested in school commissioners appointed by the State legislature. Kissell v. St. Louis Public Schools, 18 H., 19.

The Surveyor's certificate was record evidence of title. Ibid.

When lands are surveyed and marked out, the title of the State attaches to section sixteen for the use of schools. Cooper v. Roberts, 18 H., 173. S. C. 6 McL., 93.

Such title attaches, although section sixteen may embrace mineral lands. Ibid.

The State may dispose of her school lands, without obtaining the consent of Congress. Ibid.

One claiming under an adverse title, cannot raise the question of the regularity of the sale underthe State laws. Ibid.

So that the proceeds of the sixteenth section of public lands be not diverted from the use of the inhabitants of the township, they may properly be estimated by the State authorities, in equalizing the appropriations for school purposes. Springfield Township v. Quick, 22 H., 56.

Lands reserved in a Territory for the use of a seminary of learning, and duly located, vest in such seminary when incorporated by the Territorial legislature, and do not pass to the State on its admission into the Union. Vincennes University v. Indiana, 14 H., 268.

The reservation of land in a Territory for school purposes is not such a complete dedication of them that Congress may not subsequently, with the assent of the territorial legislature, bring them within the terms of the pre-emption law. Minnesota v. Bachelder, 1 Wall., 109. Under the act of 20th May, 1826, the decision of the Secretary of the Treasury, on a contest between school trustees and one claiming under a private entry, as to whether the land in question had been duly selected and set apart for school purposes, is final. Campbell v. Doe, 13 H., 244.

A grant for school purposes, in 1820, will prevail over an imperfect Spanish title, rejected by a board of commissioners, in 1811, but subsequently confirmed, in 1828. Ham v. Missouri, 18 H., 126.

The act 27th January, 1831, (4 Stat., 535,) relinquished to the State of Missouri, the lots, etc., reserved for the use of schools, by the act 13th June, 1812, (1 Bright. Dig., 551,) and nothing else; the latter act excluded all lots "rightfully claimed by private persons," and the report of the Board of Commissioners, under the act 9th July, 1832, (4 Stat., 565,) in favor of such claim, and its confirmation by Congress, is evidence that it was lawful. Public Schools v. Walker, 9 Wall., 282.

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