quarterly instalments, on the first days of June, September, December and March next.

§ 6. All moneys received by the treasurer of the Commonwealth, as the annual interest or income of the fund established [by the act of 1863] and specially set apart for the use of the Massachusetts Agricultural College, shall first be applied to the repayment of the appropriation made in the preceding section, and the balance shall be paid to the treasurer of the college.

§ 7. So much of section 3 and section 6 of chapter 166 of act of 1863, inconsistent herewith, are hereby repealed.

AN ACT TO AUTHORIZE THE TOWN OF AMHERST TO RAISE $50,000 FOR THE AGRICULTURAL COLLEGE.

(Approved May 5, 1865.)

SECTION 1. The town of Amherst is hereby authorized to raise by issuing its bonds, or by loan or tax, the sum of $50,000, to be appropriated and paid to the Massachusetts Agricultural College, out of the treasury of the town, and applied in the erection of said college in said town: provided, that at a legal town meeting, called for that purpose, two-thirds of the voters present and voting thereon, shall vote to raise said amount for said object.

§ 2. This act shall take effect upon its passage.

AN ACT CONCERNING THE MASSACHUSETTS AGRICULTURAL COLLEGE.

(Approved March 15, 1865.)

The sum of ten thousand dollars is hereby granted to the Massachusetts Agricultural College, to aid its establishment.

AN ACT CONCERNING THE BOARD OF AGRICULTURE AND THE STATE AGRICULTURAL CABINET AND LIBRARY.

(Approved May 26, 1866.)

SECTION 1. The Board of Agriculture shall constitute a board of overseers of the Massachusetts Agricultural College, with powers and duties to be defined and fixed by the governor and council. But said board of overseers shall have no powers granted to control the action of the trustees of said college, or to negative their powers and duties, as defined by chapter 220 of the act of 1863. § 2. The Board of Agriculture is hereby authorized to locate the State Agricultural Cabinet and Library, and to hold its meetings in said college.

§3. The president of the Agricultural College is hereby constituted a member, ex officio, of the Board of Agriculture.

AN ACT TO INCORPORATE THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, AND TO GRANT AID TO SAID INSTITUTE, &C.

(Approved April 10th, 1861.)

SECTION 1. William B. Rogers, James M. Beebe, E. S. Tobey, S. H. Gookin, E. B. Bigelow, M. D. Ross, J. D. Philbrick, F. H. Storer, J. D. Runkle, C. H. Dalton, J. B. Francis, I. C. Hoadley, M. P. Wilder, C. L. Flint, Thomas Rice, John Chase, J. P. Robinson, F. W. Lincoln, Jr., Thomas Aspinwall, J. A. Dupee, E. C. Cabot, their associates and successors, are hereby made a body corporate by the name of the Massachusetts Institute of Technology, for the purpose of instituting and maintaining a society of arts, a museum of arts, and a school of industrial science, and aiding generally, by suitable means, the advancement, development and practical application of science in connection with arts, agriculture, manufactures and commerce; with all the powers and privileges, and subject to all the duties, restrictions and liabilities, set forth in the sixty-eighth chapter of the General Statutes.

§ 2. Said corporation for the said purposes aforesaid, shall have authority to hold real and personal estate to an amount not exceeding $200,000.

§ 3. One certain square of state land on the Back Bay, namely, the second square westwardly from the public garden, between Newbury and Boylston Streets, according to the plan reported by the commissioners on the Back Bay, February 21st, 1857, shall be reserved from sale forever, and kept as an open space, or for the use of such educational institutions of science and art as are hereinafter provided for.

§ 4. If at any time within one year after the passage of this act, the said Institute of Technology shall furnish satisfactory evidence to the governor and council that it is duly organized under the aforesaid charter, and has funds subscribed, or otherwise guaranteed, for the prosecution of its objects, to an amount at least of one hundred thousand dollars, it shall be entitled to a perpetual right to hold, occupy and control, for the purposes herein before mentioned, the westerly portion of said second square, to the extent of two-thirds parts thereof, free of rent or charge by the commonwealth, subject, nevertheless, to the following stipulations, namely: persons from all parts of the commonwealth shall be alike eligible as members of said institute, or as pupils for its instruction; and its museum or conservatory of arts, at all reasonable times, and under reasonable regulations, shall be open to the public; and within two years from the time when said land is placed at its disposal for occupation, filled and graded, shall erect and complete a building suitable to its said purposes, appropriately inclose, adorn and cultivate the open ground around said building, and shall thereafter keep said grounds and building in a sightly condition.

§ 5. The Boston Society of Natural History shall be entitled to hold, occupy and control, for the objects and purposes for which said society was incorporated, and which are more fully set forth in its constitution and by-laws, the easterly portion of said second square, to the extent of one-third part thereof: provided, that the said society shall, within two years from the time when said portion of land is placed at its disposal for occupation, filled and graded, erect a building suitable to said objects and purposes, and appropriately inclose, plant and adorn the open ground around said building, and shall thereafter keep said grounds and building in a neat and ornamental condition.

§ 6. The rights and privileges given in the last two sections, are granted subject to these further conditions following, namely: All buildings whatsoever, which may be erected by either of the herein named institutions upon any portion of said second square, shall be designed and completed, the grounds surrounding said buildings enclosed, laid out and ornamented, and the said buildings and grounds kept and maintained in a manner satisfactory to the governor and council; and in case either of the said institutions shall, after due notice given, neglect to comply with the requirements of this section, or fail to use its portion of said square, or at any time appropriate said portion, or any part thereof, to any purpose or use foreign to its legitimate objects, then the right of said delinquent institution to the use, occupation or control of its portion of said square shall cease, and the commonwealth, by its proper officers and agents, shall have the right forthwith to enter and take possession of the portion of land so forfeited.

§ 7. The above named societies shall not cover with their buildings more than one-third of the area granted to them respectively.

[Sections 8, 9 and 10 repealed.]

AN ACT IN ADDITION TO THE ACT OF APRIL 10, 1861.

(Approved April 27, 1863.)

SECTION 1. When the Massachusetts Institute of Technology shall have been duly organized, located and established, in conformity with the provisions of chapter one hundred and eighty-three of the acts of the year eighteen hundred and sixty-one, and chapter one hundred and forty-two of the acts of the year eighteen hundred and sixty-two, and as is hereinafter provided, there shall be appropriated and paid to its treasurer, each year, on the warrant of the gov ernor, for its endowment, support and maintenance, one-third part of the annual interest or income which may be received from the fund created under and by virtue of the one hundred and thirtieth chapter of the acts of the thirtyseventh congress, at the second session thereof, approved July second, in the year eighteen hundred and sixty-two, and the laws of this Commonwealth, accepting the provisions thereof and relating to the same.

§ 2. Said Institute of Technology, in addition to the objects set forth in its acts of incorporation,—to wit, instituting and maintaining a society of arts, a museum of arts, and a school for industrial science, and aiding the advancement, development and practical application of science in connection with arts, agriculture, manufactures and commerce,-shall provide for instruction in military tactics; and in consideration of this grant, the governor, the chief justice of the supreme judicial court, and the secretary of the board of education, shall be each a member, ex officio, of the government of the Institute.

§ 3. Should the said corporation, at any time, cease or fail to maintain an Institute, as and for the purposes provided in its act of incorporation, and in the foregoing section, the aid granted to it by the first section of this act shall be withheld, and not paid to it. The Institute shall furnish to the governor and council a copy of the annual reports of its operations.

§4. This act shall be void, unless the said Institute of Technology shall accept the same, and give due notice thereof, to the secretary of the Commonwealth, on or before the first day of July next.

MICHIGAN.

AN ACT TO PROVIDE FOR THE SELECTION, CARE AND DISPOSITION OF THE LANDS donated to the State of MichigAN BY ACT OF COngress, approved July 2, 1862, FOR THE ENDOWMENT OF COLLEGES FOR THE BENEFIT OF AGRICULTURE AND THE MECHANIC ARTS.

(Approved March 18, 1863.)

SECTION 1. The People of the State of Michigan enact: That the governor, auditor general, secretary of state, attorney general, state treasurer, and commissioner of the state land office, shall constitute a board, to be known as the agricultural land grant board, and said board shall have the control and management of the selection, the care and disposal of the lands granted to this State by act of Congress, approved July 2, 1862, providing for the endowment of colleges for the benefit of agriculture and the mechanic arts. Said board shall appoint one or more suitable commissioners, whose duty it shall be to select and locate, as soon as practicable, the quantity of land donated to this State by the act of Congress aforesaid, and to make return of the lands so located to the commissioners of the State land office of Michigan, properly designated and described, and to notify the registers of the United States district land offices for the districts in which the selection and location is made, of such selection, as fast as the land is so selected.

§ 2. The commissioner of the State land office shall, as fast as such selections are made and returned to him, forward to the Secretary of the Interior of the United States, full and complete descriptions of all such lands, and obtain the necessary title to the State of Michigan for the same.

§ 3. The said land shall be sold for not less than two dollars and fifty cents per acre, one-fourth to be paid at the time of purchase, and the balance at the option of the purchaser, said balance to bear interest at the rate of seven per cent. per annum, payable annually into the State treasury, in accordance with and subject to the conditions of forfeiture, as provided by law for the payment of interest on contracts for money due on the purchase of primary school lands; and the sales of such lands shall be conducted in accordance with such rules and regulations as shall be prescribed by the said land grant board.

§ 4. The proceeds of the sale of said land shall be applied and used according to the conditions of the act of Congress granting the same to the State.

§ 5. Whenever said lands, or any part of them, shall have been selected, certified to the commissioner of the State land office, withdrawn from the market, and so marked on the plats, and certified by the register of any United States land office for the proper district, by the authority of the commissioner of the general land office of the United States, the commissioner of the State land office may, by direction of the said land grant board, sell said lands in quantities of not less than any legal subdivision, according to the original survey; and on such sale being made, the commissioner of the State land office shall issue his certificate of sale in the usual form, setting forth the quantity and

description of the land sold, the price per acre, the amount paid at the time of purchase, the balance due, with the annual rate of interest, and the time the interest is payable, as is required by law for the payment of interest on contracts for the purchase of primary school lands, and that the purchaser will be entitled to a patent from this State on payment in full of the principal and interest, together with all taxes assessed on such lands.

§ 6. Certificates of purchase issued pursuant to the provisions of law shall entitle the purchaser to the possession of the lands therein described, and shall be sufficient evidence of title to enable the purchaser, his heirs or assigns, to maintain actions of trespass for injuries done to the same, or ejectment, or any other proper action or proceeding to recover possession thereof, unless such certificate shall have become void by forfeiture; and all certificates of purchase in force may be recorded in the same manner as deeds of conveyance are authorized to be recorded.

§ 7. The governor of this State shall sign and cause to be issued, patents for said lands, as soon as practicable after payment is made in full of principal, interest, and all the taxes, as aforesaid.

§ 8. It shall be the duty of said land grant board, from time to time, as money is received from the sales of said lands, to cause the same to be invested in stocks of the United States, of this State, or some other safe stocks, yielding not less than five per cent. annually upon the par value of such stocks, and to keep the same invested, to constitute a perpetual fund the capital of which shall remain forever undiminished; and the annual interest shall be regularly applied, under the direction of the State board of agriculture, to the endowment, support and maintenance of the State Agricultural 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 order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life.

§ 9. The said land grant board shall, on finding that there is not in this State a sufficient amount of land belonging to the United States, subject to private entry, to make up the full amount of the land granted by said act of Congress, notify the commissioner of the United States land office of the fact, and obtain, as soon as practicable, from the proper authority, permission to select an amount sufficient to make up such deficiency from United States land in other states or territories of the United States, and shall send one or more commissioners into such states or territories to select the same, under such rules and regulations as said board may prescribe.

§ 10. The agricultural land grant board shall certify, from time to time, to the auditor general, the amount required to pay expenses of selecting and locating, and making returns of said lands, and the auditor general shall draw his warrant upon the State treasurer for the amounts thus certified, and the State treasurer shall pay the same out of the general fund. Said land grant board may make such rules and regulations in relation to the time and manner of selecting and locating the lands, making the returns, and keeping the accounts of expenses, as they may deem necessary and proper. All contracts and certificates of said board shall be signed by the chairman, and countersigned by the secretary of the agricultural land grant board.