lished under the provisions of said act of July second aforesaid, an agricultural department or experimental station, in connection with any university, college, or institution not distinctively an agricultural college or school, and such State shall have established or shall hereafter establish a separate agricultural college or school, which shall have connected therewith an experimental farm or station, the legislature of such State may apply in whole or in part the appropriation by this act made, to such separate agricultural college or school, and no legislature shall by contract expressed or implied disable itself from so doing.

SECT. 9. That the grants of money authorized by this act are made subject to the legislative assent of the several States and Territories to the purposes of said grants; provided, that payment of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of its legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof duly certified to the secretary of the treasury.

SECT. 10. Nothing in this act shall be held or construed as binding the United States to continue any payments from the treasury to any or all the States or institutions mentioned in this act, but Congress may at any time amend, suspend, or repeal any or all the provisions of this act.

[Approved March 2, 1887.]

AN ACT to apply a portion of the proceeds of the Public Lands to the more complete Endowment and Support of the Colleges for the benefit of Agriculture and the Mechanic Arts established under the provisions of an Act of Congress approved July second, eighteen hundred and sixty-two.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled:

SECTION 1. That there shall be, and hereby is, annually appropriated, out of any money in the treasury not otherwise appropriated, arising from the sales of public lands, to be paid as hereinafter provided, to each State and Territory for the more complete endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts now established, or which may be hereafter established, in accordance with an act of Congress approved July second, eighteen hundred and sixty-two, the sum of fifteen thousand dollars for the year

ending June thirtieth, eighteen hundred and ninety, and an annual increase of the amount of such appropriation thereafter for ten years by an additional sum of one thousand dollars over the preceding year, and the annual amount to be paid thereafter to each State and Territory shall be twenty-five thousand dollars to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life, and to the facilities for such instruction; provided, that no money shall be paid out under this act to any State or Territory for the support and maintenance of a college where a distinction of race or color is made in the admission of students, but the establishment and maintenance of such colleges separately for white and colored students shall be held to be a compliance with the provisions of this act if the funds received in such State or Territory be equitably divided as hereinafter set forth; provided, that in any State in which there has been one college established in pursuance of the act of July second, eighteen hundred and sixty-two, and also in which an educational institution of like character has been established, or may be hereafter established, and is now aided by such State from its own revenue, for the education of colored students in agriculture and the mechanic arts, however named or styled, or whether or not it has received money heretofore under the act to which this act is an amendment, the legislature of such State may propose and report to the secretary of the interior a just and equitable division of the fund to be received under this act between one college for white students and one institution for colored students established as aforesaid, which shall be divided into two parts and paid accordingly, and thereupon such institution for colored students shall be entitled to the benefits of this act and subject to its provisions, as much as it would have been if it had been included under the act of eighteen hundred and sixty-two, and the fulfillment of the foregoing provisions shall be taken as a compliance with the provision in reference to separate colleges for white and colored students.

SECT. 2. That the sums hereby appropriated to the States and Territories for the further endowment and support of colleges shall be annually paid on or before the thirty-first day of July of each year, by the secretary of the treasury, upon the warrant of the secretary of the interior, out of the treasury of the United States, to the state or territorial treasurer, or to such officer as shall be designated by the laws of such State or Territory to receive the same, who shall, upon the order of the trustees of the college, or the institution for colored stu

dents, immediately pay over said sums to the respective colleges or other institutions entitled to receive the same, and such treasurers shall be required to report to the secretary of agriculture and to the secretary of the interior, on or before the first day of September of each year, a detailed statement of the amount so received and of its disbursement. The grants of moneys authorized by this act are made subject to the legislative assent of the several States and Territories to the purpose of said grants; provided, that payments of such installments of the appropriation herein made as shall become due to any State before the adjournment of the regular session of legislature meeting next after the passage of this act shall be made upon the assent of the governor thereof, duly certified to the secretary of the treasury.

SECT. 3. That if any portion of the moneys received by the designated officer of the State or Territory for the further and more complete endowment, support, and maintenance of colleges, or of institutions for colored students, as provided in this act, shall, by any action or contingency, be diminished or lost, or be misapplied, it shall be replaced by the State or Territory to which it belongs, and until so replaced no subsequent appropriation shall be apportioned or paid to such State or Territory; and no portion of said moneys shall be applied directly or indirectly, under any pretense whatever, to the purchase, erection, preservation, or repair of any building or buildings. An annual report by the president of each of said colleges shall be made to the secretary of agriculture, as well as to the secretary of the interior, regarding the condition and progress of each college, including statistical information in relation to its receipts and expenditures, its library, the number of its students and professors, and also as to any improvements and experiments made under the direction of any experiment stations attached to said colleges, with their costs and results, and such other industrial and economical statistics as may be regarded as useful, one copy of which shall be transmitted by mail free to all other colleges further endowed under this act.

SECT. 4. That on or before the first day of July in each year, after the passage of this act, the secretary of the interior shall ascertain and certify to the secretary of the treasury as to each State and Territory whether it is entitled to receive its share of the annual appropriation for colleges, or of institutions for colored students, under this act, and the amount which thereupon each is entitled, respectively, to receive. If the secretary of the interior shall withhold a certificate from any State or Territory of its appropriation the facts and reasons therefor shall be reported to the president, and the amount involved shall be

kept separate in the treasury until the close of the next Congress, in order that the State or Territory may, if it should so desire, appeal to Congress from the determination of the secretary of the interior. If the next Congress shall not direct such sum to be paid it shall be covered into the treasury. And the secretary of the interior is hereby charged with the proper administration of this law.

SECT. 5. That the secretary of the interior shall annually report to Congress the disbursements which have been made in all the States and Territories, and also whether the appropriation of any State or Territory has been withheld, and if so, the reasons therefor.

SECT. 6. Congress may at any time amend, suspend, or repeal any or all of the provisions of this act.

[Approved August 30, 1890.]

AN ACT giving legislative assent to the Purpose of the Grants of Money made under the Act of Congress approved August 30, 1890, for the Benefit of the College of Agriculture and the Mechanic Arts.

Be it enacted by the Senate and House of Representatives in General Court convened:

SECTION 1. That the Legislature of said State of New Hampshire hereby gives its assent to the purpose of and accepts for the benefit of the New Hampshire College of Agriculture and the Mechanic Arts the grants of money authorized by act of Congress, approved August 30, 1890, for the further endowment and support of the colleges for the benefit of agriculture and the mechanic arts and "to be applied only to instruction in agriculture, the mechanic arts, the English language, and the various branches of mathematical, physical, natural, and economic science, with special reference to their applications in the industries of life and the facilities for such instruction," as provided in said act of Congress.

SECT. 2. That the treasurer of the New Hampshire College of Agriculture and the Mechanic Arts is hereby designated and authorized to receive all grants of money made to this State under the provisions of said act of Congress.

SECT. 3. This act shall take effect from and after its passage. [Approved February 13, 1891.]

AN ACT to accept the Provisions of the Thompson Will, and to Provide for the present Disposition of the Funds.

WHEREAS, Benjamin Thompson, late of Durham in this State, died January 30, 1890, leaving a will and codicils thereto, which have been proved, approved, and allowed by the probate court of the county of Strafford, by which he devised a large share of his property to the State of New Hampshire, in

trust, for the establishment and maintenance of a school or college, to be located on his "Warner Farm," in said Durham, wherein there shall be thoroughly taught, both in the schoolroom and in the field, the theory and practice of agriculture and other sciences connected therewith, and wherein there may be taught such other arts and sciences as may be necessary to enable the State to fully avail itself of the donation of land made by the act of the Congress of the United States approved July 2, 1862, entitled, "An act donating land to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts"; and,

WHEREAS, Said bequest is made subject to certain provisos, conditions, and limitations set forth in the will and the codicils thereto, to which reference is made for the particulars thereof; and,

WHEREAS, By one of said conditions it is provided that said bequest shall become null and void if the State does not accept the trust within two years from the time of the decease of said Thompson; now, therefore,

Be it enacted by the Senate and House of Representatives in General Court convened:

SECTION 1. That the State of New Hampshire does hereby gratefully accept said bequest, subject to the provisos, conditions, and limitations set forth in said will, as modified by the codicils thereto, and, in consideration thereof, does hereby promise to execute said trust in accordance with the terms of said will.

SECT. 2. The State, in compliance with the requirements of said will and codicils, promises and guarantees to appropriate and does hereby appropriate annually, for the term of twenty years from and after said Thompson's death, such sum as will pay a net annual compound interest of four per cent per annum upon the amount of the appraised value of the estate bequeathed and devised to the State as aforesaid, aside from the real estate situated in said Durham, after deducting therefrom the legacies given by the codicils to said will, and does hereby authorize and direct the state treasurer to credit said sums to the trust fund, as provided in the fourth section of this chapter.

SECT. 3. The State, in further compliance with the requirements of said will and codicils, promises and guarantees to appropriate, and does hereby appropriate annually for the term of twenty years from and after said Thompson's death, the sum of three thousand dollars, and such further sum as will pay a net annual compound interest of four per cent per annum upon said annual appropriations from the dates when they severally become a part of the trust fund until the expiration of said term of twenty years; and does hereby authorize and direct the state treasurer to credit said sums to the trust fund, as provided in the following section.

SECT. 4. The state treasurer, upon receipt of the estate devised to it by said will and codicils, shall open two accounts in a book provided for the purpose, as follows: He shall open one account with "The Benjamin Thompson Trust