UNIVERSITY OF CALIFORNIA. ( T I KT ( >K Accessions f&9&.- Class No. * < r LAWS OF THE STATE UNIVERSITY, ACTS OF CoisranEss AND LAWS OF THE MISSOURI LEGISLATURE RELATING TO THE UNIVERSITY OF MISSOURI AND AGRICULTURAL AND MECHANICAL COLLEGE, AND SCHOOL OF MINES AND METALLURGY. AN APPENDIX. PUBLISHED B ,,-;& OF THE BOARD. , MO.: -STATKSMA . >li -JFFICE PRINT, LAWS. CHAPTER I.reVIT.11 HISTORIC MEMORANDUM. ORDINANCE OF 1TS7. The liberal school policy of the General Government, by land grants, was established by the ordinance of 1787. in the following- language, to-wit:- 'And ior extending the fundamental principles of civil and religious lib- erty, which form the basis whereon these republics their laws and constitu- tions are erected, etc., etc. "It is hereby enacted and declared, by the authority aj oft-said, (i.e., of the United States in Congress assembled), that the following- articles shall be con- sidered as articles of compact between the original State* and the people, in the said Territory (northwest of the river Ohio), and forever remain un. tit-. ru- ble, unless by common consent, to-wit: * * * * * * * # * # # * * "ARTICLE 3. Religion, moralitv and know ledge being necessary to good government arid the happiness of mankind, schools and the means of educa- tion shall forever be encouraged.'' ACT ORGANIZING THE TERRITORY OF MIBtsOURf. In the act ot Congress of 18.12. organizing the Territory of Missouri, this article of the ordinance of 1787 was somewhat am- plified, as the following extract wi.l show: "Religion, moralitv and knsv\ ledge being necessary tw good government and the happiness ot mankind, schools and the means 01 education shall be encouraged and provided lor from the public lands of th? Unit:d States in said Territory, in such manner a> Congress may deem expedient." SEMINARY AND OTHER LANDS- [Extracts from An Act of Congress approved March 6 1^20, tei authorize the people of the Missouri Territory to fo/m a Constitution an:4 Stiie Go.-'irn* nient. c. See Revised Statutes 1845, p. 14.] "SEC. t). And be it further enacted* That the following prop- ositions be. and the same are hereby, offered to the convention of the said territory of Missouri, when formed, for their free accep- tance or rejection, which, if accepted by the convention, shall be obligatory upon the United States. [4] "First. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, oth- er lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such town- ship, for the use of (now district) schools. * # # * # * * * * # Fifth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands, hereto tore reserved for that purpose, shall be reserved for the use of : a seminary of learning, and vested in the legislature of said State, to be appropriated solely to the use of such seminary by the said legislature: Provided, That the five fore- going propositions herein offered, are on the condition that the convention of the said State shall provide, by an ordinance, irre- vocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale: Arid further ^ That the bounty lands granted, or hereafter to be granted, for military services during tint late war. shall, while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three years irom and after the date of the patents respectively. Approved, 6th March, 1820." In pursuance of the provisions of this act, members of a con- vention were elected to form a Constitution and State government. They assembled at St. Louis on the 12th of June, .1820, and deter- mined that it was expedient to form a Constitution and State gov- erninent> and having accepted the five propositions offered by the 6th section of the above act, passed an ordinance which was finally signed on the 19th of July, 182 J. A Constitution, was formed, whereby the boundaries, mentioned in the 21 section of the above act, wereratilied and a new republic established by the name of the State of Missouri. Agreeably to the 7th section of the above act, an attested copy of the Constitution Was transmitted to Congress. A resolution was introduced in both Houses for the unconditional admission of the State into the Union, as had been the uniform course in rela- tion to other new States; these resolutions were, however, lost, and finally, after much -discussion, a resolution was passed for admit^ ting the State on 'a certain condition. The Legislature of Mis- souri, on the 27th of June, 1821, accepted the condition, -protesting [5] at the same time against the right of Congress to annex it, and on the 10th of August, 1821, the President of the United States is- sued his proclamation, announcing the acceptance by this State of the condition and the admission of the State into the Union. The University of the State of Missouri, called in the acts of Congress of February 17, 1818, March 6, 1820, January 2-4, 1827, and March 2, 1827, a "Seminary of Learning, 11 possesses a legisla- tive or legal history which is not only in itself very interesting, but quite essential to a proper understanding of its relations to tho Federal and State governments, and of the obligations imposed upon the General Assembly of Missouri to foster and encourage it. It therefore has a history which antedates its} location and establish- ment in the town of Columbia. In the discussion of the act of March 6, 1820. quoted above r a complication often presented itself, originating in the fact that that act donated to the State only thirty-six sections, or one township, of public land whereas the State received "for the use of a Seminary of Learning," seventy-two sections, or two townships. This apparent contradiction is explained by the following- facts : Three years anterior to the admission of Missouri into the Union, and by the third section of the act of Congress of Februa- ry 17, 1818, two townships were directed to be located and reserv- ed for the support of a seminary of learning in this State, and one- of these townships was authorized to be located on the waters of the Missouri, and the other on the waters of the Arkansas river. Following this in chronological order was the act of March 6, 1820, already quoted. Although the Seminary lands were reserved by the act of 1818 and donated by the act of 1820, they were not authorized to be selected nor confirmed to the State until the passage of the act of January 24, 1827, as follows: ACT OF JANUARY 24, 1827. "An 'Act concerning the selection of certain lands, heretofore granted by compact, to the 'State of ' Missouri, for seminaries of learning. Be it enacted, clc., That it shall be the duty of the President of the United States, as soon as may be, to cause to be selected, from any of the public lands of the United States in Missouri, the sale of which is authorized by law, and in quantities not less than. a section, according to the divisional lines of the public surveys, the several townships of land heretofore secured by compact to the State of Missouri, for the purposes of a seminary or seminaries of learning in that State, and to cause one descriptive list of such se- lections to be filed with the Governor of Missouri, in the office of the Secretary of that State, and another like list to be filed in the General Land Office of the United States; and the lands so selected .shall, immediately thereupon, vest in the State of Missouri, ac- cording to, and in satisfaction of, the above mentioned compact with the United States. "Approved January 24th, 1827." A.CT OF MARCH 2, 1827. (Extract from a letter nf Hon. N. C. McParland, commission- er of the General Land Office, dated July 15, 1882.) "By the Act of March 2, 1827, entitled "An act concerning a -seminary of learning in the Territory of Arkansas," authorizing the Secretary of the Treasury to set apart two townships for the use and support of a seminary of learning, it is provided that one of said townships so sot apart slvill be "in lieu of an entire town- ship of land directed to be located on the waters of the Arkansas River, in said Territory, for the use of a seminary of learning therein, by an act of Congress entitled, 'An act making provision for the establishment of additional land offices in the Territory of Missouri, 1 " approved February 17, 1818. "It will bo scon from the aJ30ve cited act, that one of the town- ships reserved for seminary purposes in the Territory of Missouri, -und to be located on the waters of the Arkansas, was transferred .to the Territory of Arkansas, leaving one townsnip reserved for .the former Territory, which, together with the additional town- ship granted by the Act of March 6, 1820, made .two townships which the President of the United States was directed to cause to be selected, under the Act of January 21, 1827, for the purpose of a seminary or seminaries of learning in the State of Missouri." ACT OF MARCH O, 1831, AUTHORIZING THE SALE OF THE SEMINARY LA.XDS. The eighth section of "an act to create the office of surveyor -of public lands for the State of Louisiana, 11 passed by Congress and approved March, 3, 1831, authorized the Legislatureof Missouri to sell the seminary lands "and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be forever applied by the Legislature of said State, solely to the use of such seminary, and for no other use or purpose whatsoever," -as follows: SEC. 8. And Be if further enacted^ -That the Legislature of m the State of Missouri be, and is hereby authorized to sell and con- vey in fee simple all or any part of the lands heretofore reserfexl and appropriated by Congress for the use of the Seminary of learn- ing in said State, and to invest the money arising from the sale thereof in some productive fund, the proceeds of which shall be forever applied by the Legislature of said State, solely to the use of such Seminary-, and for no other use or purpose whatsoever. CHAPTER II. EDUCATION CONSTITUTIONAL PROVISIONS. [From the State Constitution of 1820.] S*:c. I. Schools and the means of education shall forever be encouraged in this State; and the General Assembly shall take measures to preserve from waste or damage such lands as have been, or hereafter may be granted by the United States for the use of schools within each township in this State, and shall apply the funds which may arise from such lands in strict conformity to the object of the grant; one school or more shall be established in each township as soon as practicable and necessary, where the poor shall be taught gratis. SEC. 2. The General Assembly shall take measures for the im- provement of such lauds as have been, or may hereafter be grant"- <{ by the United States to this State for the support of a seminary of learning; and the funds accruing from such lands by renter lease?, or in. any other manner, or which may be obtained from any other source for the purposes aforesaid, shall be and remain & per- manent fund to support a university for the promotion of litera- ture, and of the arts and sciences; and it shall be the duty of the General Assembly, sis soon, as may be, to provide effectual means for the improvement of such lands and for the improvement permanent security of the funds and endowments of such i tion. (For provisions r flic State Constitution of 1865, see "Appendix..'') (Kroin the State Constitution of 1875, Art. XI.) SEC. 1. PUBLIC SCHOOLS PERSONS O-P SCHOOL AGE. A gener- al diffusion of knowledge and intelligence being essential to Ahv preservation of the rights and liberties of the people, the General [8] Assembly shall establish aud maintain free public schools for the gratuitous instruction of all persons in this State between the ages of six and twenty years. (The limit was twenty-one years, under constitution of 1865, Art. IX, i.) (a) IN GENERAL. Section 7, Article VII, of the school law of 1855 (R. S.'i855, p. 1440), giving a preference to the debt owing by a defaulting coun- ty treasurer of the school fund, is not in conflict with any provision of the State or Federal Constitutions. Cass County v. Jack, 49 Mo. 196. Sec. 2. DISBURSEMENT OF SCHOOL FUNDS, CERTAIN DISTRICTS NOT ENTITLED TO. The income of all the funds provided by the State lor the support of free public schools shall be paid annually to the several county treasurers to be disbursed according to law; but no school district, in which a free public school has net been maintained at least three months during the year for which the distribution is made, shall be entitled to receive any portion of such funds. (The first clause is new. Constitution of 1865, Art. IX, 7.) Sec. 3. SCHOOLS FOR COLORED CHILDREN. Separate free pub- lic schools shall be established for the education of children of Af- rican descent. (Same as Constitution of 1865, Art. IX. 2.) Sec. 4. BOARD OF EDUCATION. The supervision of instruc- tion in the public schools shall be vested in a "Board of Educa- tion," whose powers and duties shall be prescribed by law. The Superintendent of Public Schools shall be President of the Board. The Governor, Secretary of State and Attorney -General shall be x officio members, and with the Superintendent, compose said Board of Education. (Constitution of 1865, Art. IX, 3, modified.) Sec. 5. STATE UNIVERSITY. The General Assembly shall, whenever the Public School Fund will permit, and the actual ne- cessity of the same may require, aid and maintain the State Uni- versity now established with its present departments. The gov- ernment of the State University shall be vested in a Board of Cu- rators, to consist of nine members, to be appointed by the Govern or, by and with the advice and consent of the Senate. (The last sqntence is new. Constitution of 1865, Art. IX, 4.) See. 6. SCHOOL FUND. -The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United [9] States; also, all moneys, stocks, bonds, lands and other property now belonging to any State fund for purposes of education; also, the net proceeds of all sales of lands and other property and effects that may accrue to the State by escheat, from unclaimed dividends and distributive shares of the estates of deceased persons; also any proceeds of the sales of the public lands which may have been or hereafter may be paid over to this State (if Congress will consent to such appropriation ) ; also, all other grants, gifts or devises that have been, or hereafter may be made to this State, and not other- wise appropriated by the State or the terms of the grant, gift or de- vise, shall be paid into the State Treasury, and securely invested and sacredly preserved as a Public School Fund; the annual in- come of which fund, together with so much of the ordinary reve- nue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining the free public schools and the State University in this Article provid- ed for, and for no other uses or purposes whatsoever. (Same, substantially, as Constitution of 1865, Art. IX, 5.) Sec. 7. DEFICIENCY IN SCHOOL FUNDS STATE REVENUE. : In case the Public School Fund now provided and set apart by law, for the support of free public schools, shall be insufficient to sus- tain a free school at least four months in every year in each school district in this State, the General Assembly may provide for such deficiency in accordance with section eleven of the Article on Rev- enue and Taxation; but in no case shall there be set apart less than twenty-five per cent, of the State revenue, exclusive of the Inter- est and Sinking Fund, to be applied annually to the support of the public schools. (Constitution of 1865, Art. IX, 8, modified.) Sec. 8. COUNTY SCHOOL FUND.- All moneys, stocks, bonds, lands and other property belonging to a county school fund; also,, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the sev- eral counties for any breach of the penal or military laws of the State, and all moneys which shall be paid by persons as an equiva- lent for exemption from military duty, shall belong to and be se- curely invested, and sacredly preserved in the several counties, as a county public school fund; the; income of which fund shall be faith- I 10 ) fully appropriated for establishing and maintaining in-n public schools in the several counties of this State. (Constitution of i8f>5, Art. IX, ^ 5, with additions and changes.) Sec. 9. INVESTMENT Ob PUBLIC SCHOOL FUND.- No part of the Public School Fund of the State shall ever be invested in the stock or bonds, or other obligations of any other State, or of any county, city, town or corporation; and the proceeds of the sales of any lands or other property which now belong, or may hereafter be- long to said school iund. shall be invested in the bonds of the State of Missouri, or of the United States. (Under the Constitution of 1865, Art. IX, 6, the School .Kim.il could bo invested only in the bonds of the United States.) (a) SECTION* 6 OF THE ACT 01* 1865 provided that the purchase money arising from the sale of certain stoek of the Bank ot the State of Missouri, be- longing to the State, might he paid in bonds and coupons ot the State; //cfd, that this was not necessarily an investment in .either State bonds or obliga- tions. (Acts of 1^65, p. 16.) State, v. The Hank of the State of Missouri, 4$ Mo. 528. Sec. 10. INVESTMENT OF COUNTY SCHOOL FILND. All county school funds shall be loaned only upon unincumbered real estate security, of double tlu> value of the loan, with personal security in additional thereto. (Same, substantially, as Constitution of 1885, Art. IX, 6.) Sec. 11. SCHOOLS FOR RELIGIOUS. OB SKCTAHIAN PURPOSES.-- Neither the General Assembly, nor any county, city, town, town- ship, school district or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian pur- pose; or to help to support or sustain any private or public school, academy, seminary, college, university or other institution of learning, controlled by any religious creed, church or sectarian denomination, whatever; nor shall any grant or donation of personal property or real estate ever be made by;.the State, or any county, city, town or other municipal corporation^ for any religious creed, church or sectarian purpose whatever. (This section is new. Constitution of Illinois, Art. VIII, 3.) CHAPTKRKJ. SALE OF On January 23, 1820, (see Session Acts 18284) t -) an act was (11J approved which provided for the prosecution, fine awl imprison- ment of trespassers on the Seminary Lands. By an act approved Dec. 81, 1830, (J) provision was made for the sale of the Seminary Lands. It made it the duty of the Gov- ernor of this state, or his successor in office tor theJtinie being, af- ter giving six months previous notice thereof, in tnV' several news- papers published in this state, to cause the lands granted to the state for seminary purposes, to be offered at public sale to the highest bidder, upon this condition, however, that the same shall not be sold for a less price than two dollars per acre, and the sales of the said lands shall be conducted in every other respect, under f,he same regulations as the public lands of the United States. By the same act John B. Swearengen was made register and Hamuei (/. Owens receiver for the purpose of superintending the lands in the United States Western district; James Jamison, reg- ister, and Henry Lane, receiver, in the Salt river district, and Wil- liam Garner, register, and Robert F. Brown, receiver in the Cape (rirardeau district, each of whom was required to give bond. The sales of land in the Western district were held in Inde- pendence, commencing on the first Monday in December, 1831; in the Salt river district in Palmyra on the second Monday in No- vember, 1831; and in the Cape Giradeau district in Benton, Scott county, on the first Monday in November of the same year. On January 17, 1831, (*) an act was approved which provid- ed for annexing to the town of Independence, laying off into lots, and making sale of eighty acres of Seminary Lands adjoining said town. Said sale commenced on the first Monday in December, 1832, openly to the highest bidder, under the superintendence of ^ commissioner appointed by the Governor, said act providing that no lot of one acre or less should be sold for less than $10, nor any Jot of more than one acre for less than So per acre. ACT OF DECEMBER 31, 1830, REVIVED. January 29, 1833, (f) an act was approved reviving the act to provide for the sale of the Seminary Lands, approved Dec. 31 t 1830, and it authorized public sales of the lands at Independence, J See Session Acts 1830-1, p. 86. * See Session Acts 1830-1 p. 91. tSee Session AcU 183.2-3, p. 116. TJUIVBRSITT; [12] Palmyra and Benton in the months of October. November and cember 1833. Abraham McClellaii was appointed commissioner of the sales at Independence, Henry Wilcox at Palmyra, and John Moore at Benton. All lands not thus sold at public sale were? thereafter subject to private entry or purchase. The commissioner of the Western district was directed at the- close of the public sales to offer to the highest bidder the town lots remaining unsold in the annexed portion of the town of Independ- ence, pursuant to the act approved January 17, 1831. On the 17th of March, 1835, (*) an act of the Legislature was approved to take effect the first day of May thereafter, provid- ing for the sale, at private entry, of the Seminary Lands, in the same manner at the same price, and under the same regulations as the Unitec Ifcates lands were then disposed of, at private sales. By the t, /ms of the act, John Moore of Scott county, for the Cape Girardeaa land district; Henry Wilcox for the Salt River dis- trict and Small wood Nolan d of Jackson county for the Western district, were made commissioners to superintend the sale of these lands, each giving bonds of not less than $5,000. Moneys receiv- ed by them from said sales to be paid into the State treasury everj twelve months, the treasurer to keep the same "as a distinct fond for the purposes for which said lands were accepted" by the State, For an act of two sections to protect th > rights of pre-emphen settlers- ea the Seminary Lands, see Sessions Acts of 1832-3, p. iiy. CHAPTER IV. SELECTING A SITE FOB THE STATE UNIVERSITY. By an act of the Legislature, approved Feb. 8, 1839, (f) STO commissioners were appointed to select a site for the State Univer- sity, said commissioners being Peter H. Burnett of Clay, Chaneey Durkee of Lewis, Archibald Gamble of St. Louis, John G. Bryan of Washington and John S. Phelps of Greene. The act 'provided the site should contain at least fifty acres of land in a compact form within two miles of the county seat of the county of Cole, Cooper, Howard, Boone, Callaway or Saline. It was made the duty of the commissioners to meet in theeitj of Jefferson on the first Monday of June, 1839, and thereafter at such times as they might appoint at the county seat of each conn* *See Revised Statutes 183-,, p. 5^6. fSee Session Acts 1838, p. 185, and for the act in full.se? "Appendix." 1 [-13] ty mentioned, to receive conveyances of land and subscriptions of money, to be void if the University was not located at the county seat of the county in which they were made. After visiting all the county seats and receiving bids as afore- said the commissioners were to return to the seat of government and open the bids; "and the place presenting most advantages to fee derived to said University, keeping in view the amount sub- scribed, and locality and general advantages, shall be entitled to its location." On the 24th of June, 1839, the commissioners met in Jeffer- son City, opened all the bids, and located the University of Mis- souri at Columbia, in the county of Boone. The following is a copy of the award : *'The commissioners appointed by law to select a site for the State Uni- versity have agreed unanimously in the choice of Boone county for its loca- tion. Given under our hands at the City of Jefferson this 24th day of June in the year 1839. JOHN GANG BRYAN, CH. DURKIiE, [Signed.] ARCHIBALD GAMBLE, JOHN S. PHELPS, PETER H. BURNETT." CH AFTER V. INSTITUTION" OF THE STATE UNIVERSITY. On the llth Feb., 1839, (*) an act was pass -d "to provide for tlie institution and support of the Slate University, and for the governmeut of colleges and academies." This act, drafted by Hon. Henry S. Geyer, a distinguished lawyer of St. Louis and afterwards United States Senator, was very elaborate, consisting of five arti- cles, and provided for colleges and academies in different parts of the State, to be connected with the State University, and to be un- der the visitorial power of its Curators. This idea of a State University, with branches and subordi- nate institutions scattered over the State, was a favorite one witK many distinguished men in the earlier history of the country, and was placed upon the statute book of several of the States; but the plan was found cumbrous, and too unwieldly to be carried out into practice, and was abandoned wherever projected and never carried into execution in Missouri. *See Session Acts 1839, PP- *73 181. [14] CHAPTER VI. AMENDING ACT OF FEB. 11. 1839. On the 24th Feb.. 1843. (*) an act was approved amendatory of certain provisions of the act of .Feb. 11, 1839. Under this amendatory act so much of the last named law as provides for the government of colleges and academies of the university was repeal- ed, and the power was conferred on the board of curators t> aj>- point the necessary professors and tutors of the university, mid to fix their compensation. No one of the professors or tutors was allowed to exercise the functions of a bishop, priest, clergyman or teacher of any religious persuasion, denomination, society or sect, whatsoever, during his continuance in office. The act also provided that the compensation of the president, professors and tutors shallbe fixed annually, and any of them may be removed at the pleasure of the curators. Also, that so much of the act as requires a curator to be thirty years of age was repeal- ed, and that each curator shall be not Isss than twenty-five years of age. The curators were authorized to sell all the lands conveyed to the State for the benefit of the university, with the exception of twenty acres for a university site, on such terms as the curators shall deem best for the interest of the institution, and to convey the same to purchasers by deed under their common seal. The proceeds of the sale of said lands to be applied to the pay- ment of the debts contracted by the curators: :i.nd if there should be any surplus remaining after the payment of said debts, the sam to be applied in the manner deemed b?st for t ho benefit of said uni- versity. An act was also approved Feb. :^8, 1S48 ( Jj providing lor semi-annual meetings of the Board of Curators in April and Octo- ber, fixing the number to constitute a quorum, and making it the duty of the Auditor of public accounts to report to each meeting; the increase of the seminary fund. CHAPTER VII. DISTRIBUTION" OF LAWS AND .TOL'ttXALS. fjc it enacted bv the Genera/ Asscmlly of lie State of *See Session Acts. 1842, p. 14$. JSee Session Acts 1842. p. 1^9. TJ1U7BESITY souri as follows : 1. That hereafter there shall be furnished, at the time ol distribution of the laws and journals of the General Assembly of this State, to the University of the State of Missouri, and to the Law Library Association of St. Louis.each.two copies of the laws and journals of every session of the (feneral Assembly now holding and hereafter to beheld, and to each member of Con- gress from this State one copy. This Act to take effect from and after its passage. Appioved, Dec. 19. 1842. LAND DOCUMENTS, LAWS AND JOURNALS. /, Tli at the Secretary of State be and he is hereby di- rected to furnish, to the University of the State of Missouri and to the Law Library Association of St. Louis, each, one copy of the documents, legislative and executive, of the Congress of the Uni- ted States, in relation to the public lauds selected and edited under the authority of the Senate of the United States, by Walter Low- rie. Secretary of the Senate; printed by Duff Green; one copy of the revised code of 1885, one copy of the acts and journals of each General Assembly of this State held since the year lS: : sr>, one copy of the Territorial laws, one copy of the Militia laws, approved 6th February, 18H7. and Kith February, 1881), and one copy of the 4th, 5th and 6th volumes of the Decisions of the supreme court of this State now remaining in the office of Secretary of Stare. Approv- ed, Dec. Ill, 1842. CHAPTER VIII. BR1KF MENTION OF VARIOUS ACTS. Session *>/" 1844-5. For Revised Act to provide for the institution and support of a State University, see Revised Statutes of 1815. pp. 587-540. Session o/M 846-7. For an net directing the Register of Lands to procure from the commissioner of the gene rail and office copies of documents re- lating to the seminary lands and file the same in his office: also making it his duty to make out 11 complete list of said lands, spec- ifying range, township and county, marking such as had been sold, the time when sold, to whom, what remained unsold, and to file M [16] copy of said paper with the secretary of the Board of Curators. See Session Acts of 1846-7, pp. 131-2. Two acts were passed during the same session in regard to bank dividends requiring the bank of Missouri to report the amount of dividends accruing on stock held in trust for the Uni- versity, to the treasurer of the Board of Curators, and to pay over to him or place to his credit the same. See Session Acts 1846-7, pp. 136-7. Session of 1848-9. For an act increasing the number of Curators to eighteen one from each judicial circuit and four from the county of Boone fixing their terms of office, times of meeting and compensation, said compensation to be paid out of the seminary fund; prescribing the manner of filling vacancies, and the number necessary to con- stitute a quorum, &e. See Session Acts of 1848-9, pp. 129-30. For an act providing for a Normal Professorship in the Uni- versity, prescribing the duties of county courts in the selection of students for free education in the same, &c. See same Acts, pp, 130-1. For an act authorizing the curators to appropriate the ret mainder of the subscription fund to the improvement of walks leading to and from the University, outside of the campus; also au- thorizing the Curators to audit and allow any debt justly due by the trustees of Columbia College at the time ol the location of the University, and to pay the same out of any money belonging to the subscription fund, or which may be collected from it, provid- ed said debts do not amount to more than $300; also an act requir- ing the State Auditor to certify to the treasurer of the Curators the balance of the subscription fund, uncollected, and authorizing the Board to employ some person to collect the same. See same acts, pp. 1 31-2. Session of 1850-1. Three acts were passed during this session in regard to the University: I. Requiring the State Auditor to draw his warrant on the State Treasurer, in favor of the Treasurer of the University, for any moneys in the treasury arising from the sale of seminary lands, and not invested in public stocks. 2. Authorizing the Board to hold a meeting at the Capitol in Jefferson City. 3. He- leasing from furr.her liabilities, on certain conditions, the [173 tors of the subscription fund. See Session Acts 1850-1, pp, 204.-5-6* Session of 1852-3. During this session a single act was passed in regard to the University, viz: Authorizing the librarian to expend any moneys thereafter arising from the sale of seminary lands in the purchase of a library. See p. 171. Session of 1854-5. But one act, of two sections, was passed during this session^ viz: requiring the curators to establish, in connection with the University, a primary school, under the superintending care of the President and Professors. Sen p. 520. Session of 185G-7. There was no legislation during the regular or called session relating to the University. Session of 1858-9. There was no legislation during this session relating to the University. Session of 1800-1. There was no legislation during the regular or called session relating to the University. Session of \ 362-3. There was no legislation during this session in relation to the University CHAPTER IX. (FROM THE REVISED STATUTES OF 1879.) OF THE STATE UNIVERSITY. ARTICLE I. II. III. The State University. The Agricultural Cellege and School of Mine*. The Seminary Fund. ARTICLE J. TMK STATR UNIVERSITY. SECTION 7229. University established. 7230. Corporate name. 7231. Curators, number of. 7232. Governor to appoint. 7233. Vacancies, how filled. 7234. Tenure of appointee to fill vacan- cy. 7235. Quorum. 7236. Power of board to appoint facul- 7237. President and treasurer to sub- mit' state in c'nt. 7238. Curators to cause property to be inventoried. 7239. Qualification of curators. 7240. Meetings ot board. 7241. Vacancies by removal or non-at- tendance. 7242. Oath of curators. 7243. Officers of the board. 7244. \Vho shall preside. 7245. Special meetings. 7246. Adjourned meetings. 7247. Report to legislature. 7248. Journal to be kept, 7249. Duties of secretary. 7250. Curators to have access to re- cords. 7251. Duty of treasurer. 7252. By-laws, etc. ! SECTION 17253. Conferring degrees. J7254 1 . Grants not to be diverted. 7255. Curators to improve and protect property. 7256. President to have management of institution. 7257. Bookstand apparatus. 7258. List of books, etc., to be made. 7259. Salaries, when ant!' by whom . paid. 7260. Salaries, \vhen suspended. 7261. Disposition of balances. 7262. Power of board to sell and con- vey land. 7263. Publications, where made. 7264. Expensed of curators to be allow- ed by committee. 7265. Professor of normal school. 7266. The salary. 7267. Students admissible. 7268. How apportioned and notified. 7269. Reports to state superintendent. [7270. Disposition of reports. 7271. Missouri reports to be furnished. 7272. Statutes to be furnished. 7273. Statutes of other states. 7274. License to sell liquor prohibited. 7275. Penalties. to students, how 7276. Selling liquoj punished. SEC. 7229. University established. A university is hereby in- stituted in this state, the government whereof shall he vested iii a board of curators. (G. S. 251, 17. ) Sec. 7230. Corporate name. The university is hereby incor- porated and created a body politic, and shall be known by the 119] name of "the curators of the university of the State of Missouri;' 1 and by that, name shall have perpetual succession; ppvv.er. to sue and be sued, complain and defend, in all courts; to make and ji.se .a- common seal, and to alter the same at pleasure; to take, purchase and hold, to sell, convey and otherwise dispose of lands and chat- ftles. (G. S. 251, 18.) Sec. -72B1. Curators^ number of. -The board of curators of the state university shall hereafter consist of nine members, who shall be appointed by the governor, by and with the consent of the sen- ate, three of whom shall be residents of. the county of Hoon^, two , of the county of Phelps, two of that part, of the state m>> t.h of the Missouri river and outside of the county of i>oone, and {.wo of that part of the state south of the Missouri river and outside the coun- ty of Phelps; and no person shall be appointed a curator who shall not have attained the age of" twenty-one years, or who shall not be a citr/ei) of the United States and a resident of the sbito of Mis- souri two years next, prior to his appointment. (*) i Laws 1 p. 270, 3.) Sec. 7&J2. Governor to appoint. - : -Jt shall bo the duly of the governor, as soon as m; ot location. Funds, how raised. Curators to receive subscrip- tions, etc. School of mines, location of. Subscriptions may be taken. 7287. Institution, by whom located. Act to become void, when. Curators to report annually. Appointment of visitors com- pensation of curators. 7278. 7279. 7280, 7281. 7282. 7283. 7*5- 7.86. 7288. 7 .8> 7:90. 7291. 7292. 7-293- 7-'94- 7 2 95- Commissioner ot lands ap- pointed. Otrice of, where kept. May lease lands. Leased lands liable to taxation. Le >sees mav purchase. Commissioner to report quar-i7ji4. SliCTIOX. terly. 7297. Shall make quarterly statement. 72^8. Proceeds of sale, how invested. 7:9;. Pre-emption rights. 73 jj. President of board to make deed. 7331. Bonds to he deposited, where treasurer of university to give Uond, etc. 7302. Exemptions from taxation. 7303. Curators to take possession of geological prwpeitv. 7304. To transfer to school of mines. 7305. Professorship of geology. 7306. Treasurer of school of mines. 7307. To he appointed by curators. 7308. To give bond. 73 ig. Duty of treasurer of unversity. 7310. Report of treasurer of schojl of mines. 7311. Compensation. 73(2. Liabilities. of treasurers. 7313. Disposition of bonds. Punishment fo; trespasses. Sec. 7277. Agricultural college and school of mines estab- lished. There is hereby established the agricultural and mechan- ical college and a school of mines and metallurgy, provided for by the grant of the congress of the United States, as a distinct de- partment of the university of the State of Missouri. (Laws 1870, p. 15, 1.) Sec. 7278. Objects of these colleges. The leading objects of said colleges shall be to teach such branches as are related to ag- riculture and the mechanic arts and mining, including military tactics and without excluding other scientific and classical studies, in order to promote the liberal and practicul education of the in- dustrial classes in the several pursuits and professions of life. (Laws 1870, p. 15, 2.) Sec. 7279. Rights of students. To effect the said leading ob- jects of the colleges, as herein established, it is provided that the students and members thereof shall be admitted to the libraries, museums, models, cabinets and apparatus, and to all lectures and [3D] instructions ot the university, which now exist or may hereafter exist, and to all other rights and privileges thereof, in a manner as full and ample as are the students of any other department in said university; and to provide for instruction in military tactics as herein required, it is enacted that in case a system of military education shall lie established by congress, the state university is hereby required, by law, to make? the necessary provision for car- rying out the plan so established in connection with the institu- tion; and, furthermore, there is hereby established and created n perpetual fund, to be styled the "agricultural and mechanical fund, 11 to be derived from the sale or lease of the three hundred and thirty thousand acres of land granted by congress to the State of Missouri, by virtue of an act approved July the second, eighteen hundred and sixty -t wo,. entitled ' "an act donating lands to the sev- ,eral states and territories which may provide colleges for- the bene- fit of agriculture and the mechanic ir'ts," and from all additions to the same from public or private bounty, the principal of which fund shall remain forever inviolate and undiminislied, to be invest- ed in the manner hereinafter specified, and the income thereof shall be placed at the disposal of the board of curators of the uni- versity of the state. Three-fourths of which income shall be for the support of the agricultural and mechanical college aforesaid. and the remaining one-fourth for tbe support of the school of mining and metallurgy hereinafter provided for, in accordance .with the provisions of this article, and .the acts of c:igra.ss afore- said. (Laws 1870, p. 16, 8,) Sec. 7280. Faculty. The agricultural and mechanical college arid the school of mining and metallurgy, herein provided for, shall have each a. separate and distinct, faculty, whose officers and professors may be the same, in whole or in part, as the officers and professors in other colleges and departments of the university. (Laws ISyO, p. 10, 4.) Sec. 7281. Right to confer degrees.- -The agricultural and mechanical college and the school of mines and metallurgy shall have power to confer degrees suitable to their designs and courses of studies. (Laws 1870, p. 16, 5.) Sec. 7282. Conditions of location. [n consideration ol the permanent location of the agricultural and mechanical college in con r nection with the state university, the county of Boone shall donate [31] not. less than thirty .thousand dollars hi cash, to be used in erect- ing such buildings and making such improvements as may be needed for such college, and also for buying stock for, and making improvements on a model or experimental farm of not less than six hundred and forty acres of land, located convenient to the present university grounds, and to be donated by said county of Boone in addition to said sum of thirty thousand dollors in cash. The title to said laud to be clear and indisputable, to be bought .without any charge whatever to the state or to the agricultural college fund, and to be conveyed to the State of Missouri by deed of general warranty, the consideration expressed therein being the location of said agricultural and mechanical college in connection with the state university, and that the same shall be held for the uses and purposes of said agricultural aud mechanical college. (Laws 1870, p. 16, 8.) Sec. 7283. Funds, hoiv raised. In order to raise the amount of money and purchase the quantity of land specified in the last ssction, voluntary individual subscriptions may be made and re- ceived, and the form of the subscription shall be thus: We, the "undersigned, agree aud bind ourselves to pay to the curators of the university of the State of Missouri, the sums respectively set oppo- site to our names, whenever the same may be demanded and upon tho condition that the agricultural and mechanical college is loca- ted in connection with the state university at Columbia, and the corporate authorities of the town of Columbia and the coun- ty court of Boone county, are hereby authorized and empow- ered, respectively, to issue bonds of the corporation of the town of Columbia and of the county of Boone in such sums as they may agree upon, to run not longer than twenty years and bearing in- terest at a rate not exceeding ten per centum per annum, payable semi-annally; which bonds shall be properly executed and deliver- ed to the curators of the university of the State of Missouri, to !>* by them sold and converted into cash, to. be used in the erection of the necessary buildings, buying stock and making improve- ments,, as set forth in the preceding section, and in the purchase , ot the six hundred ajtid forty acres of laud required to be donated by this article; and said corporation of the town of Columbia and the county court of Boone county shall have power to levy such ', tax, under the /constitution and -laws of this state, as may be need*- [32] ed to m?et, according to the terras of the bonds, the payment reg- ularly of the interest thereon and the principal when due. (Laws 1870, p. 17, 9.) Sec. 7284. Curators to receive subscriptions, etc. The mem- bers of the board of curators residing in Boone county are hereby fully authorized to receive the subscriptions and to purchase the lands referred to in the foregoing sections, and to pay for the same either in cash or bonds, as may be agreed upon, and when the sum required shall be subscribad, the bonds issued and lands purchased and deeded to the state, as contemplated by this article, the attor- ney-general of the state, the state superintendent of public schools, in connection with Philemon Bliss, Edward Wyman, J. W. Mat- thias, Robert L. Todd and Paul Hubbard, members of the board of curators, shall act as commissioners to see tint the conditions here- in, contained have been fully complied with, and being satisfied thereof, a majority of them shall make out and sign a certificate stating the facts, which certificate shall be filed in the office of the secretary of state, and a duplicate copy thereof shall be fi^ed with the treasurer of the board of curators, and thereupon the said agricultural and mechanical college shall be fixed and permanent- ly located in connection with the university of the state. (Laws 1870, p. 17, 10.) Sec. 7285. School of mines, location of. The school of mines and metallurgy, herein provided for, shall be located in the miner- al district of southeast Missouri, but in consideration therefor any county having mines therein within such district shall donate to the board of curators, for building and other purposes of said school, not less than twenty thousand dollars in cush, and not less than twenty acres in land, on which to erect buildings for the use of said school, and lots of mineral land in such quantity, quality and kind as may be deemed necessary for said school for practical and experimental mining; the title of said land to be clear and in- disputable, to be bought without charge whatever to the state or to said agricultural college fund, and to be conveyed to the State of Missouri by general warranty deed for the uses and purposes of said school of mines and metallurgy; and further, the said school shall be located in that county, by a committee of the board of cu- rators selected for such purpose, which shall so give the greatest available amount of money arid lands; provided, however, that if [33] no one of sucli counties shall within three years from the passage of this act comply with the foregoing provisions and conditions, then any or all of such counties may combine for the purpose of complying therewith ; and in such case the said school shall be lo- cated in manner aforesaid within that county of the number so complying with said conditions in which the greatest variety of ores may be then known to exist, and which has also the other ad- vantages and facilities for the successful working of such a school; provided, also, that if said conditions are not accepted by such counties within seven years from the passage of this article, the said part of said fund set apart for said school shall be applied to the maintenance and support of a chair of mining and metallurgy in the state university at Columbia. (Laws ISyO, p. ly, 11.) Sec. 728G. Subscriptions may be- taken. la order to raise the amount of money and to purchase the quantity of land specified in the last section, voluntary individual subscriptions may be made and received by the board of curators, and the corporate authori- ties of any city or town; and the county courts of any county iii the district mentioned in the foregoing section, are hereby author- ized and empowered, respectively, to issue bonds of such city, town, or county, in such sums as they may agree upon, to run not lon- ger than twenty years, and bearing interest not exceeding ten per centum per annum, payable semi-annually, which bonds shall be delivered to the board of curators, to be by them sold and convert- ed into cash, to be used in the erection of the necessary buildings, buying stock and making improvements, as set forth in section seven thousand two hundred and eighty- three, and of the land re- quired to be donated therein, and any such city, town or county shall have power to levy such tax, under the constitution and laws of this state, as may needed to meet, according to the terms of the bonds, the payment regularly of the interest and principal when due. (Laws 1870, p. 18, 12.) Sec. 7287. Institution, by -whom located. The board of cura- tors, after notice of such subscriptions, by individuals, the city, town, or county authorities, mentioned in the foregoing section, shall immediately determine which county in said mineral district is entitled to such school, and shall thereupon proceed to locate in such county the said school, as hereinbefore provided; and the said board of curators are hereby fully authorized to receive the sub- 134] scriptions and to purchase the lands referred to in the preceding section, and to pay for the same, either in cash or bonds, as may be agreed upon. (Laws 1870, p. 18, 13.) Sec. 7288. Act to become void, when. The terms of this act, so far as the conditions required to be complied with to iix the loca- tion of said college in connection with the state university, to be met and complied with on or before the second Monday in May. one thousand eight hundred and seventy, otherwise this act shall be null and void. (Laws 1870, p. 18, 13:) Sec. 7289. Curators to report annually. At the close of -each university year the board of curators shall make a report in detail to the governor, exhibiting the progress, condition and wants of the several colleges or departments of instruction in the universi- ty, the course of study in each, and the number and names of the officers and students, the amount of receipts and disbursements, to- gether with the nature, costs and results of all important experi- ments and investigations, and such other matters, including state, industrial and economical statistics, as may be thought useful. The governor shall cause the same to be printed for the use of the gen- eral assembly and people of the state, and shall cause one copy of the same to be transmitted by mail, free of expense, to all the col- leges which may be endowed under the provisions of the act of congress, approved July second, eighteen hundred and sixty-two, hereinbefore referred to, and also one copy to the secretary of the interior, and one copy to the commissioner of agriculture at Wash- ington City. (Laws 1870, p. 18, 15.) Sec. 7290. Appointment of visitors compensation of cura- tors. Inasmuch as all trust funds committed to the management of the state are to be deemed a sacred deposit and to be vigilantly guarded irom perversion, waste, or wrongful use, it is provided that a board of visitors, to consist of five persons, three at least of whom shall be citizens eminent in the agricultural and mechanic arts, and not less than two graduates of the university, shall be ap- pointed by the governor. It shall be the duty of the visitors to make personal examination into the condition of the university, in all its departments, once at least each year, and report the result to the governor, suggesting such improvements and recommenda- tions as they may consider important, which report shall be pub- lished with the annual report of the curators. The visitors shall [35] receive no per dicm^ but they, together with the curators, shall have their actual expenses paid, [and upon the certificate of the secretary of the board of curators, the auditor shall draw his war- rant upon the treasurer of the state, who shall pay the same out ol any money in the treasury not otherwise appropriated.*] (Laws 1870, p. Ml 16.) Sec. 7291. Commissioner of lauds appointed. The curators of the university are authorized and empowered to appoint a com- missioner and fix his compensation, whose duty it shall be to take charge of all said agricultural college land, and who, before enter- ing upon the discharge of his duties, shall take an oath faithfully to demean himself in office, and shall be required to give bond in such sum as the board of curators shall direct, with two or more, sufficient securities, for the faithful performance of his duties as such commissioner, which bond shall be made payable to the state of Missouri, and be signed in duplicate by said commissioner and his securities to be approved by the board of curators, one copy of which bond shall be filed in the office of the secretary of the board of curators, and the other copy in the office of the secretary of state. (Laws ISyO, p. 19, 17.) Sec. 7292. Office of, where kept. Said commissioner shall keep his office in the city of St. Louis, and shall cause to be pro- cured and kept in his office, complete lists of all the lands selected in this state under the act of congress, approved July second, eigh- teen hundred and sixty-two, entitled u an act donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," described by the proper subdivisions or parts of sections, townships and range, to- gether w r ith maps and plats such as are kept in the United States land offices, all to be kept in strongly bound books which shall be labeled "agricultural college lands." Duplicate copies of such lists .of lands, maps and plats shall also be furnished by the commission- er, and in similar books, to the secretary of the board of curators of the state university, which shall also be labeled in the same manner and safely kept in his office. (Laws 1870, p. 19, 18. ) *That part .of this section included in brackets is abrogated by 43, art. iv. and 19, article x. ot the constitution. The remainder of the section re- peals 51 of'and part of 52 of chapter 45 f the general statutes of 1865. [36] Sec. 7293. May lease lands. Said commissioner is hereby au- thorized to lease any of said lands for the term of ten years at any time during the year one thousand eight hundred and seventy- one, and for the term of nine years at any time during the }~ear one thousand eight hundred and seventy-two, and so on annually diminishing the term of lease in such manner that all leases may terminate by the end of the year one thousand eight hundred and eighty-one, and in all n^v leases of land whose lease shall have been forfeited the same rule shall be observed, and the quantity in any one lease shall not exceed three hundred and twenty acres, the lessee to pay interest upon the price named in the lease in lieu of rent at the rate of eight per cent, per annum, to be paid annu- ally in advance, with annual interest upon any interest that shall be unpaid, and said price shall not be less than one dollar and twenty-five cents per acre for lands outside of the railroad belt of lands,and not less than two dollars and fifty cents per acre contiguous to railroads where one acre was taken for two; or instead of mak- ing a lease as aforesaid, the commissioner may sell any of said lands for cash in hand without regard to quantity at the price fixed by the board of curators. And the board of curators shall cause the lands to be examined, classified and appraised by two or more com- petent agents by them appointed, before the same are offered for lease or sale, and shall thereafter, either by direct action of the board or by a committee oi its members, fix the price at the inter- est of which said land may be leased, or at which it may be sold; and the said board may at any time change said price, or it may withhold or withdraw from sale or lease any specific tract or par- cel of land, or may designate what tract or parcel shall be sold only for cash in hand, or may attach contiguous subdivisions of lands not to exceed a quarter section that are not to be separated in their lease or sale. Should it be discovered that the number of acres to which the state is entitled by the act of congress has not been selected, located and confirmed, the said agents shall forth- with select the additional number from the vacant lands of the United States within the state so as to secure the full amount of three hundred and thirty thousand acres granted by the United States, taking as heretofore ne acre for two when selected within the railroad belt, and shall in like manner and with full effect as the commissioners created by the act of the general assembly of [37] Missouri, approved March nineteenth, one thousand eight hundred and sixty-six, have the same set apart and withdrawn from entry on the books of the United States land office; and said agents shall receive the same compensation for said services, and for any and all other services performed in appraising said lands, and for any other services under this act as was all owed the commissioners who selected the lands under said act of March nineteenth, one thou- sand eight hundred and sixty-six, and they shall be paid in the same manner, and they shall also receive for their expenses a sum not to exceed two dollars and fifty cents per day for each person. (Laws 1871, p. 89, 1.) Sec. 7294. Leased lands not liable to taxation. Whenever any said agricultural college lands shall have been leased under the pro- visions of this act and the act to which this is an amendment, they shall be exempt from taxation for state or county purposes during the period of s;iid lease. (Laws 1871, p. 39, 2.) Sec. 7295. Lessees may purchase. The lessee of any tract cf land shall have the privilege of purchasing the same for cash, at cr before the expiration of said lease at the price specified in the lease, and the lessee failing to pay the interest on any such lease within sixty days from the time the same is made due and payable shall forfeit his lease with all interest previously paid and the improve- ments made thereon, and said commissioner shall be authorized to enter upon and take possession of said land and release the same. (Laws 1870, p. 20, g 21.) Sf'C. 72.90. Commissioner to report quarterly. Said commis- sioner shall be required to make quarterly reports to the secretary of the board of curators, which report shall specify by the proper subdivisions the quantity of lands leased, to v/iom leased, and upon what terms, and thereupon the secretary ot th > board of curators shall insert upon the records required to be kept in his office the disposi- tion of the lands thus leased. (Laws 1S70, p. 20, 22.) . Sec. 7297. Shal- make quarterly statement.--- Said commis- sioner shall also make out a quarterly statement of his account: to the treasurer of the board of curators, in which he shall specify the amount of money collected on lands either leased or sold by him in each and every quarter, and which sums of money, at tho end of each quarter, he shall pay over to the treasurer of the board of curators, and from whom he shall take, duplicate receipts, one [38] which shall be filed in his office, and the other in the office of the secretary of the board of curators, and the secretary of the board shall charge the treasurer of the board with all moneys thus re- ceived by him. (Laws 1870, p. 20, 23.) Sec. 7298. Proceeds of sales, how invested. Under the direc- tion of the board of curators the treasurer shall invest the princi- pal for which any of said land may be sold in such United States or other securities allowed by law as will be saved and yield a cer- tain and permanent income for the support of said ugricultural and mechanical college and the school of mines and metallurgy; and all interest received on lease of land or on any bonds or securities nam- od in this article, to be expended under the direction of the board of curators, for the support and maintenance of said agricultural and mechanical college and the school of mines and metallurgy, in conformity with this article, and with the act of congress a tore- said, granting said land to this state! (Laws 1870, p. 20, 24.) Sec. 7299. Pre-emption rights. Any person who has hereto- fore made, or may hereafter make actual settlement upon the ag- ricultural college lands shall bo entitled to lease or purchase three hundred and twenty acres or less, as he may choose, lying contig- uous and including his improvement, in preference to any other person, his right being subject to the power of the board in re- gard to withholding or withdrawing from sale, of designating what may be sold for cash only, or what shall be attached for sale to adjacent subdivisions; and providod, such settlers shall comply with the law and with the rules that may be adopted by the board or commissioner in relation to lease or purchase, the same as is and shall be required by others; and further provided, that at or be- fore a day to be specified in a notice to be publishe'd by the com- missioner, which notice shall be published for four consecutive weeks in some newspaper published in the county in which the lands lie. or, if none be there published, in a newspaper as near as may be to said county, the last insertion to be thirty days before the day named, such settler shall proceed to make proof of his claim in compliance with the rules aforesaid, or he shall forfeit all preference, and the lands shall be subject to lease or sale as other lands; and the commissioner for the sale of the lands shall have authority to hear and determine the conflicting pre-emption rights of any who may claim a right to pre-empt the same land, and he [3*3 shall be entitled to such compensation for his services as shall be or shall have been provided by the board of curators; and it is fur- ther provided, that the actual settlement referred to must be made prior to the first publication of the commissioner herein referred .to. (Laws 1871, p. 39, 3.) Sec. 7300. President oj board to make deed. In case where any of said lands may be sold, and a deed to the same is required to bj made, the same shall be executed by the president of the board o1 curators, signed by him with the seal of the corporation attached thereto, and attested by the secretary of the board. (Laws 1870, p. 21, 26.) Sec. 7301. Bonds to be deposited, icherc treasurer of univer- sity to give bond. etc. -All bonds for moneys invested under this chapter, shall bo deposited fur safe keeping with the treasurer of the board of curators, who shall be responsible upon his official bond for the safety of said bonds and all other funds in his hands; and the board of curators are fully authorized to require said treasurer to give bond at any time, with two or more securities, to be approved by the board in double the amount of any sum likely to come into his hands. (Laws 1879, p. 21, 37.) Sec- 7302. Exemptions Jrom taxation. The agricultural and mechanical college, and the school of mines and metallurgy, and the lands, stock, apparatus and furniture, and all other property be- longing to the same, shall be exempt from state, county and mu- nicipal taxation. (Laws 1870, p. 21, 28.) Sec- 7303. Curators to take possession of geological property. It shall be the duty of the curators of the state university of the State of Missouri, within thirty days after tlie passage of this act, either in person or by their agent, to demand of the state geologist, and take charge of, all the charts, instruments, specimens, furni- ture and all property, either real or personal, belonging to the bu- reau of geology, or to the State of Missouri, in their possession, or under their charge or control, and receipt the state geologist therefor. (Laws 1875, p. 73, 2.) Sec. 7304. 7v transfer to school of mines. The curators of the university of the State of Missouri shall transfer to the director of the school of mines and metallurgy, at Rolla, Missouri, all prop- erty and implements, specimens, charts and instruments, and fur- niture received from the bureau of geclogy, and the director shall [40] hold the same for the use and benefit of said school of mines and metallurgy, at Rolla, Missouri. (Laws 1875, p. 73, 3.) Sec. 7305. Professorship of geology. The school of mines and metallurgy shall be empowered to utilize all implements, in- struments, charts, specimens, etc., and the board of curators may establish, when they deem proper, a professorship of geology, said geologist to supervise the geological surveys that may be made by the school of mines and metallurgy; provided, that nothing in this chapter shall be so construed as to authorize the removal of the specimens now in Washington university of St. Louis. (Laws 1875, p. 73, 4.) Sec. 7306. Treasurer of sclwol of mines, There is hereby created the office of treasurer of the school of mines and metallur- gy, located in the county of Phelps, whose duty it shall be to re- ceive, keep and disburse all moneys belonging to said school of mines and metallurgy, the money donated and the proceeds of the bonds issued by Phelps county for building and other purposes of said school, the proceeds of the lands donated to the board of cu- rators of the state university and conveyed to the state of Missouri for the uses and purposes of said school, all moneys which shall be appropriated or apportioned for the purposes of said school, includ- ing one-fourth of the income arising from the agricultural and me- chanical fund, and all other money which may belong exclusively to the said school for building, or for any other purpose. He shall have the custody of the said bonds issued by Phelps county, and shall, under the direction of the board of curators, and in accord- ance with the provisions of law, sell the same or borrow money and hypothecate said bonds, for the purposes for which they were issued; and the said treasurer shall perform all customary acts per- taining to his office, under direction of the board of curators, and make report of the same at the annual meetings of the board. (Laws 1872, p. 166, 1.) Sec. 7307. To be appointed by curators. -The governor shall appoint the treasurer for the school of mines and metallurgy, who shall hold his office until the annual meeting of the board of cu- rators, and thereafter he shall be appointed by the board, and hold his office during the pleasure of the board. (Laws 187'2, p. 166, 2. Sec. 7308. To give bond. The treasurer of the school of mines and metallurgy shall keep his office in the city of Rolla,and, upon his appointment, and before he enters upon the duties of his office, give bond to the state of Missouri, to the use of the curators of the university of the state of Missouri, with at least two good and solvent securities, in a sum not less than twenty thousand dollars, to be approved by the board, and filed amongst their pa- pers and records, conditioned that he will faithfully administer the funds of the school of mines and metallurgy coming into his hands, and disburse and invest the same according to the di- rections of the board of curators; and such bond shall be renewed every two years, until the next annual meeting of the board of curators. Such bond may be approved by the president of the board. (Laws 1872, p. 100, 3. Sec. 7809. Duty of treasurer of university. The treasurer of the board of curators shall pay over to the treasurer of the school of mines and metallurgy, as soon as he shall be appointed and his bond approved, and at all times hereafter, all moneys, bonds, and all property whatsoever in his hands, which have been donated, or which have been or hereafter may be appropriated or apportioned, or in any manner belonging to said school for its support, or for any other purpose. (Laws 1872, p. 107, 4). Sec. 7^10. Report of treasurer of school of mines. At each annual meeting of the board of curators, the treasurer of the school of mines and metallurgy shall make out a full statement of his accounts, showing the amount of money which he has received, according to the provisions of this article, the amount of bonds by him hypothecated or negotiated, as well as the items of expendi- tures; and when approved by the board, a copy of the account shall be entered upon the record. He shall also furnish the board of cu- rators an abstract of the amounts annually paid to the directors, and every professor, teacher or other officer of said school. (Laws 1872, p. 107, 5.) Sec. 7311. Compensation. The compensation of the treasurer of the school of mines and metallurgy shall be fixed by the board of curators: provided, that the same shall not exceed for any one year the sum of one hundred and fifty dollars. (Laws 1872, p. 1(57, 0.) Sec. 7312. Liabilities of treasurers. The treasurer of the ftoard of curators of the state university at Columbia, and the treasurer of the school of mines and metallurgy, located in the [42] county of Phelps, shall each be held accountable upon their official bonds, respectively, for all moneys and property which may come into their hands belonging to the university, or any of its depart- ments: provided, that the treasurer of the board of curators at Co- lumbia shall not bs held accountable for any moneys or other property which may come into his hands, belonging to the school of mines and metallurgy after the same shall have been paid over under the law to the treasurer of said school of mines and metal- lurgy at Rolla, nor shall the treasurer of the school of mines and metallurgy be held accountable on his official bond for any mon- eys which may come into the hands of the treasurer of the board of curators at Columbia, and which may not have been paid over to the treasurer of said school of mines and matallurgy, the pur- pose of this section being to separate the funds and property be- longing to each institution, and to hold the treasurers, respective- ly, responsible only upon their official bonds, for all moneys and property which may come into their hands, and which belong to the institution of which they are the treasurers. ( Laws 1 872, p. 17, 7.( Sec. 7318. Disposition of bonds. Instead of selling the bonds, issued by the county of Phelps, and delivered to the board of cu- rators under the provisions of section seven thousand two hundred tind eighty-seven, the said board shall have authority at its discre- tion to. borrow money and hypothecate the same for the purposes for which they were issued, and if the board shall be able to re- deem said bonds by the sale oi lands, as herein provided, or other- wise, they may, if in the judgment of the board the interest of said mining school shall require it. be held as an endowment in part for the support of said mining school. And further, all the lands subscribed and conveyed to the State of Missouri in order to secure the location of the school of mines in the county of Phelps, are hereby accepted by the state for the purposes of the grant, and the said board of curators are authorized, according to such rules and regulations as it may adopt, to sell all or any portion of the lands so conveyed, other than those conveyed for the uses and pur- poses of building sites, and for the purposes of practical and expe- rimental mining; and upon making such sales, the title of the state, and the interest of the curators of the university, shall be conveyed by deed in the name of the state, executed by the cura- |4B1 tor's of the university of the State of Missouri by the signature of the president of the board, and affixing its corporate seal; and the proceeds of such sale may b:> applied to the redemption of bonds hypothecated as aforesaid, or to the erection of the necessary buildings and making other improvements, to the purchasing of apparatus and library, or any other legitimate objects pertaining to such a school. (Laws 1871, p. 40, 5.) rfoc. 7fUl. Puiiishment for trespasses . It shall be the duty of the circuit court of the proper counties to give specially in charge to the grand juries of the counties in which are situated any of the agricultural college lauds, or any of lands donated to the state for the use of the mining school, the provisions of sections one thou- sand three hundred and fifty-eight and one thousand three hun- dred and fifty-nine, with special reference to the destruction of timber upon such lands; and it shall be the duty of prosecuting attorneys to proceed before justices of the peace against any per- son violating the provisions of said sections in regard to said lands, and procure their recognizance according to law, to answer in. the proper court; and inasmuch sis congress bus made it the express duty of the state to be at all the expense of administering the trust in regard to such lands, the costs of trials in the circuit court shall, upon conviction, and so far as they are poperly charge- able to and cannot be collected of the accused, be paid out of the state treasury, and the president of the board of curators, or the commissioner for the sale of lands under his direction, shall have authority to institute civil suits in the name of the state for the use of the curators of the university to recover damages for any trespass upon, any of such lands; and those who may take lease for any such lands shall have no authority to cut or carry away more timber than is necessary for the proper improvement of the prem- ises, or for fuel on the same, and any one so doing shall be held to have forfeited his lease, and he shall forthwith, upon notice, sur- render possession, that the premises may be sold or leased to other persons. (Laws 1871, p. 39. 4.) ARTICLE III. THE SEMINARY FUND. SECTION. 7315. Seminary fund created. 7316. To remain a permanent fund. 7.517. How appropriated. 7318. Register of lands to keep list el lands. 7319. He shall keep list of sales. 7320. Duties of auditor and treasurer. 73 2 i- Commissioners of seminary fund. 7322. Investment oi fund. 7323. Bonds, : )\\- taken. 7324. Praceec. of bank stoek. SECTION. 7325. Auditor to be custodian of fund 7326. Interest on fund, to be paid to whom. Treasurer to report to board. Copy of treasurer's account to be deposited with auditor. 7329. Compensation of treasurer. 7330. Treasurer's bond. 7331. Investment of seminary fund. 7332. Interest to be paid t treasurer of university. Sec. 731"). Seminary jund created. There is hereby created and established a fund to support a state university, for the pro- motion of literature and of the arts and sciences, to lie denomina- ted "the seminary fund," which shall consist of: First, the pro- ceeds of the lands now held by the state, and known MS seminary lands; second, all moneys derived from the sale of seminary lands heretofore made, and the interest thereof: third, the interest, divi- dends, proceeds and profits of such moneys and lands, except such distribution as shall be, by law, authorized. ( G. S. '349, J.) Sec. 7316. 1o remain a permanent /////. Interest on fund to be. paid, to whom. All interest and profits of such bonds held in trust for the seminary fund, shall he paid to the treasurer of the board of curators, who shall be charged therewith by the state auditor. (OK S. 250, 12.) Sec. 782y. Treasurer to report to board. At each annual meeting of the board ol curators, the treasurer thereof shall make out a full statement of his accounts, showing the amount of money which he has received, according to the provisions of this article, and the items of expenditure; and when approved by the board, a copy of the account shall bo entered upon the record. (G. S. 250, 4.) Sec. 7828. Copy of treasurer* s account to be deposited with auditor. An exact copy of the account of the treasurer of the board of curators, required by the last preceding section, certified by the president of the board, shall, immediately upon its approval be transmitted })j him to the state auditor, who shall enter a cred- it in favor of the treasurer of the board for the amount appearing, by said account, to have been expended by him. (OK S. 250, g 15. ) Sec. 7829. Compensation of treasurer .- -The compensation of the treasurer of the board of curators shall be fixed by the board : provided, that the same shall not exceed, for any one year, the sum of one hundred and fifty dollars. (G. S. 251. $ 46.) Sec. 7830. Treasurers bond. The treasurer of the board shall, upon his appointment, and before he enters upon the duties of his office, give bond to the state of Missouri, to the use of the curators of the university of the State of Missouri, with at least two good and solvent securities, in the sum of ten thousand dollars, to be approved by the board, and filed amongst their papers and records, conditioned that he will faithfully administer the university funds coming into his hands, and disburse and invest the same according to the directions of the board of curators; and such bond shall be renewed every two years.* (G. S. 255, 59.) * The treasurer may be required to give bond ;;t. any time, by order of the board oi curators, in double the amount likely to conic into his hands. \'u1<: section 7301. Sec. 7331. Investment of seminary Jund. The state treasurer is authorized and directed to invest without delay all sums, of money now in the state treasury to the credit of the state semi- fund and not already invested, in interest hearing stocks of the United States. (Laws 1870, p. 159, 1.) Sec. 7332. Interest to be paid to treasurer of university. The accruing semi-annual interest on all sums thus invested under this act shall be paid over to the treasurer of the board of curators of the state university by the state treasurer at the same time and in the same manner as is now done in reference to the seminary funds,, now invested, and the duties of the auditor and treasurer shall be. the same. (Laws 1870, p. 159, 2.) REPORTS AND LIABILITY OF -OFFICERS. SECTION. j SECTIOX. 5878. Reports. j 5880 Liability ol officers. Sec. 0878. Reports. All public institutions in this state, maintained and supported in whole or in part by appropriations out of the treasury of the state, shall make, through their proper officers to the general assembly, on or before the second Monday in January of each session thereof, biennial reports, under oath, containing an itemized statement of all the actual expenditures of said institutions, showing minutely the disbursements of all funds appropriated by the general assembly for the maintenance of the same, before there shall be any money appropriated by the general assembly out of the stale treasury for their maintenance and support. (Laws 1877, p. 263, 1.) *#*****##** Sec. 5880. Liability of officers If. the curators, managers, trustees, or other officers having control ot any educational, el- eemosynary, or other public institutions belonging to the state, or any executive committee, by whatever name called, having subor- dinate control under such curators, managers, trustees, or other officers, as aforesaid, or any president, superintendent, steward or [48] other officer in immediate charge of any such institution, or any person having the business management of any such institution, shall contract in the name or for the use of such institution any debt, for which there shall not be at the time an adequate appro- priation, every such curator, manager, trustee, or other officer in control, as aforesaid, and every such comrnitteeman, and every such president, superintendent, steward or other officer in immedi- ate charge, as aforesaid, and any person having the business man- agement of any such institution, as aforesaid, shall be personally liable for such debt to the person with whom such is contracted, or the assignee thereof, and in addition shall, on conviction, be deem- ed guilty of a misdemeanor: provided, that no such curator, mana- ger, trustee, or officer in control, or committeeman, as aforesaid, shall be so liable, as aforesaid, or be deemed guilty, as aforesaid, if at the time of incurring such debt he shall require the ayes and noes to be taken and recorded on the question of incurring such debt, and shall himself vote against incurring such debt. (Laws 1875, p. 70, 1.) CHAPTER X. ADJOURNED .SESSION NOV. 1, 1865- No legislation. A memorial to Congress passed in regard to damages to the university building during the war. Session of 1867-8. During this session an act was passed appropriating out of the State Treasury $10,000 to rebuild the President's House, which was destroyed by fire on Nov. 26th, 1865. This appropriation was the lirst whicli was ever made by the Legislature, of any sum or for any purpose, in aid of the university. Said act also contained this section: Sec. 2. There is also set aside and appropriated, annually, for the support of the State University of Missouri, out of the revenue of the State, after first deducting therefrom the one-fourth of the revenue for the Public School Fund, one and three-quarter per cent, of such balance of the State revenue; and this is declared to belong to the University, and shall be paid to the Treasurer of the Board of Curators, as provided for by law for the payment of other funds of the University. Approved March 11, 1867. Adjourned Session 1867-8. On Feb. 12, 1868, an act was approved amending sections 20, 21 and 25 of chapter 45 of the General Statutes. For this amend- atory act see Session Acts of adjourned session of 1868, p. 175. Session 0/1868-9. No legislation during this session in regard to the University. UNIVERSITY CHAPTER XL SEMINARY FUND: INVESTMENT OF. AN ACT to provide for the further investment of the Seminary fund of this State. SECTION. (SECTION. i State Treasurer directed to in- 2. Accruing semi-annual interestto ve?t surplus moneys in State be paid to whom. treasury in interest bearing stocks Act to take effect when. of United States. Be it enacted by the General Assembly of the State of Missouri^ as follows : Sec. 1. That the State Treasurer is authorized and directed to invest without delay, all sums of money now in the State treasury to the credit of the State seminary fund and not already invested, in interest bearing stocks of the United States. Sec. 2. That the accruing semi-annual interest on all sums thus invested under this act shall be paid over to the treasurer of the board of curators of the State University by the State Treas- urer at the same time and in the same manner as is now done in reference to the seminary funds now invested, and the duties of the Auditor and Treasurer shall be the same. Sec. 3. This act to take effect from its passage. Approved February 9, 1870. CHAPTER XII. AGRICULTURAL COLLEGE AND SCHOOL OF MINES. AN ACT for the benefit of the State University, the Agricultural and Me- chanical College of Missouri, and the School of Mines and Metallurgy, and to settle the account between the State and the Seminary fund, arising from [51] the sale oi the stock held by the State in the Bank of the State ot Missouri, in trust for the Seminary Fund. SECTION. 1. Coupon bonds to be issued; amount and condition thereof. 2. Form of bonds; objects of issue. 3. Issue or" further bonds for school of mines. 4. First mentioned bonds, when ex- SECTION. 5. Other bonds to be delivered to treasurer of school of mines. 6. Purposes to which portion of proceeds is to be applied. 7. Report thereof to be made by curators. ecuted, delivered to whom. 8i Act to take effect, when. WHEREAS, The act of congress, approved July 2, 1862, and making grants of land to the different states for the purpose there- in of founding colleges of agriculture and the mechanic arts, ex- pressly provides that no portion of said fund nor the interest thereon shall be applied, directly or indirectly, under any pretense whatev- er, to the purchase, erection, preservation or repair of any building or buildings; and also that any state which m:iy take and claim the provisions of this act 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 also that no state shall be en- titled to the benefit of this act, unless it shall express its accep- tance thereof by its legislature within two years from the date of its approval by the president to- wit: July 2, 1862 and Whereas, The general assembly of the state of Missouri adopt- ed the following- resolution, approved M-irch 17, 1863, to- wit: That the said act of congress of the United States is assented to and accepted by the State of Missouri with the conditions, re- strictions and limitations therein contained, and the faith of the State of Missouri is hereby pledged to the faithful performance of the trust hereby created; and Whereas, Said agricultural and mechanical college and school of mines and metallurgy, having been located under an act uf the general assembly of the State of Missouri, approved February 21, ISyO, and one of the conditions and obligations contained in said act of congress was, that each state should -provide the necessary college buildings for the accommodation of the students who might attend upon the instructions of the same, and as imperative neces- sity now exists for such buildings to meet the wants of said insti- tution; and Whereas, The amount of stock held in trust by the state in the Bank of the State of Missouri, for the use and benefit of the ceminary fund, amounted to the sum of one hundred thousand dol- [52.1 lars, and which was sold for the sum of $108,500 on the 12th day of June, 1866, and the interest thereon, computed at the rate of six per centum per annum from the first day of July, 1866, to the first day of July, 1872, being $38,580, making the whole" amount of the proceeds of the sale of the bank stock, with the interest thereon due to the seminary fund, on the first day of July ,1872 $147,080; and it being desirable that said account, together with all claim for back interest, and for any failure of the said bank to declare dividend on said stock held by the state for the use of the seminary fund, prior to the year 1866. should be finally settled and adj Listed : therefore. JSe it enacted by the Ge'neral Assembly of the State of Missouri % as follows : Section 1. Upon the passage and approval of this act, the gov- ernor is hereby directed to cause to be issued coupon bonds of the state of Missouri, amounting to the sum of one hundred and sixty- ty-six thousand dollars,and in the sum of one thousand dollars each, and to be dated the first day of July, 1872, the principal to be pay- able in lawful money of the United States, twenty years after their respective issue, the interest thereon payable semi-annually, at the rate of six per centum per annum, in lawful money of the United States. The principal and interest shall be payable at the Bank of Commerce, in the city of New York. Sec. 2. The said bonds shall be signed by the governor, coun- tersigned, sealed and registered by the secretary of state; the cou- pons shall be signed by the state treasurer, and the bonds and cou- pons shall be numbered and registered by the state auditor; and the faith and credit of the state are hereby solemnly pledged for the payment of the interest and the redemption of the principal thereof. The bonds provided for in the first and second sections of this act shall be for the benefit of the agricultural and mechanical college of Missouri, made by law a department of the State Uni- versity, and in lieu of and in full payment of the amount of prin- cipal and interest due by the state to the seminary fund on account of stock heretofore held in trust in the Bank of the State of Mis- souri, and in full discharge of all back interest claimed to be due on account of the non-payment of interest, or failure at any tirno of the bank to declare dividends upon said stock. Sec. 3. The govermor is further directed to cause to be issued [53] coupon bonds of the state of Missouri, amounting to the sum of thirty-five thousand dollars, in the sum of one thousand dollars each, the principal to be payable in lawful money of the United States, twenty years after their respective issue, and to be dated the first day of July, 1872, the interest thereon payable semi annually, at the rate of six per centum per annum, in lawful money of the United States. The principal and interest shall be payable at the Bank of Commerce, in the city of New York. Said bonds shall be signed by the governor, countersigned, sealed and registered by the secretary of state; the coupons shall be signed by the state treasurer, and the bonds and coupons shall be numbered and reg- istered by the state auditor: and the faith and credit of the state are hereby solemnly pledged for the payment of the interest and the redemption of the principal thereof. The bonds provided for in this section shall be ior the benefit of the school of mines and metallurgy, located at the town of Rolla; and the proceeds of the sale thereof shall be appropriated toward the erection and equip- ment of a suitable building for said school of mines and metallur- gy, under the direction of the board of curators of the state uni- versity. Sec. 4. The bonds named in the first and second sections of this act, aftnr the same shall have been properly executed and reg- istered, as required, shall be delivered by the governor to the treas- urer of the board of curators of the Static University at Coulumbia, who shall take his receipt therefor, and cause the same to be filed in the office of the secretary of state; and said treasurer shall be held responsible on his official bond for the safe keeping of said "bonds, and for the proceeds of the sale thereof. Sec. 5. The bonds named in the third section of this act, after the same shall have been properly executed and registered, as re- quired by law. shall be delivered by the governor to the treasurer Of the school of mines and metallurgy at Rolla, who shall take his receipt therefor, and cause the same to be filed in the office of the ISscretary of state; and said treasurer shall be held responsible on his official bond for the safe keeping of said bonds, and for the pro- ceeds of the sale thereof. Sec. 6. The curators of the State University are hereby au- thorized to use so much of the proceeds of the sale of sixty-six of the bonds named in the first and second sections of this act, as may f54] be necessary to finish and fully equip the scientific building of the agricultural and mechanical college; to pay off the outstanding debts of the university, amounting to the sum of nineteen thou- sand and six hundred dollars; and to expend the further sum of five thousand dollars in making additions to the library, for the benefit of the agricultural and mechanical college; and the balance thereof to be and remain a part of the permanent endowment of tlie state university. Sec. 7. A report of the expenditures of said money as above authorized, containing a full and complete statement of the ac- count, shall be presented by the board of curators, in the next an- nual report, which they are required by law to make to the gov- ern of the state, and to be laid betore the legislature at its nex session. Sec. 8. This act to take effect and be in force from and after its passage. Approved March 29, 1872. CHAPTER XIII. CRIMES AND PUNISHMENTS: FIRE-ARMS DISCHARGE OF. AN ACT to prohibit the discharge of fire-arms in the immediate vicinity of any court house, church or building used for school or college purposes SECTION. ' SECTION i. Unlawful to fire gun or pistol in immediate vicinity of court- house, church or college. Penalty. Definition of "immediate vicin- ity" f?c it enacted by the General Assembly of the State of Missouri^ as foHo-vs : SECTION 1. Hereafter it shall be unlawful for any person in this State, except he be a sheriff, or other officer, in the discharge of official duty, to discharge or lire off any gun, pistol or fire-arms of any description, in the immediate vicinity of any court house, church or building used for school or college purposes, Sec. 2. Any person gpilty of a violation of the preceding [55] section shall be deemed guilty of a misdemeanor, and, upon convic- tion, shall be punished by a fine of not less than five dollars nor more than twenty dollars, or by imprisonment in the county jail not exceeding twenty days. Sec. 3. The term "immediate vicinity," as used in this act, shall be construed and held to mean a distance not exceeding two hundred yards. Approved April 30th, 1879. CHAPTER XIV. SCHOOLS: PUBLIC BONDS p* SCHOOL AND SEMINARY FUNDB. AN ACT to prohibit the officers or agents of this State, and thor persons from negotiating, assigning, transferring or hypothecating the bonds of the State, school and seminary funds. SECTION SECTION 2. Bonds hereafter required to be stamped. 3. Descriptive list of bonds to be Bonds not to be assigned or ne- gotiated ; bonds to be stamped ; he\v. published. WHEREAS, There are in the custody of the State Treasurer two thousand and nine bonds, belonging to the school fund, and one hundred and twenty-two bonds belonging to the seminary fund, of the aggregate value of $2,131 ,000.00, exclusive of attach- ed coupons; and WHEREAS, A prudent regard to the interests of the State de- mands that, without destroying their identity, or otherwise im- pairing their validity, the negotiation, transfer, hypothecation, or other misuse of the bonds aforesaid, 1)9 prevented effectually; therefore, Be tt enacted by the General Assembly of the State of Missouri^ as follows : Section 1. That the two thousand one hundred and thirty-one bonds, and each of the attached coupons, mentioned in the pream- ble to this act as belonging to the seminary fund, and to the state school fund, respectively, shall not be assigned, negotiated, trans- ferred or hypothecated by any officer or agent of this state, iior by any other person or persons whatever; and the State Board oF Education, by its president, in the presence of the Auditor and 'treasurer, each of whom shall take notice of what is done and en- ter the same in his books, immediately after this act takes effect, shall cause to be written or stamped upon the face of each of said Ibonds and coupons the words and figures, as follows: This bond is a part of the public school fund of the State of Missouri, and cannot be assigned, negotiated, transferred or hypothecated by any officer or agent of this State, iior by any other person or persons whatever. Done by virtue of an act of the General Assembly, approved , 1879, (naming the date of the approval of this act.) And if the bond belongs to the seminary fund, the same words and figures a above recited shall be written or stamped thereon, except the words "public school fund, 1 ' in lieu of which the words "seminary fund" shall be so written or stamped ; and make report tiiereof to the General Assembly. Sec. 2. And all bonds hereafter acquired by the State Board of Education, for the use of either of said funds, shall immediate- ly, upon their acquisition, have written or stamped upon them by said board the same inscription, and in the manner as directed in section one of this act. Sec. 3. The Auditor shall publish, in the appendix to his bi- ennial report, a schedule of all the bonds so inscribed. He shall also make a descriptive list of all bonds now or hereafter affected "by this act, and promptly notify the fiscal agent of the State of the condition of all such bonds. Sec. 4. All acts and parts of acts inconsistent with this act are hereby repealed. Sec. 5. This act shall take effect immediately after its passage the emergency being that a due regard to the interests and safety of the public school fund, and the interest of the State, re- quires greater safeguards for the protection of said bonds and the State in the preservation thereof. Approved April 24th, 1879. CHAPTER XV. SCHOOLS PUBLIC: FTODS PERPETUATED. AN ACT to create and perpetuate free public school funds for the -several counties f this State. SECTION i. School funds to be invested, how SECTION Inconsistent acts repealed and by whom. J-^e ii enacted by the General Assembly of the .State 6f Missouri, as Jollows : ' Section 1. It is hereby made the duty of the several county courts of this State, to diligently collect, preserve and securely in- vest, at the highest legal rate of interest on imincumbered real estate security, worth at all times at least double the sum loaned, with personal security in addition thereto, the proceeds of all moneys, stocks, bonds and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected in the several counties for any breach of the penal or military laws of this State, and all moneys which shall be paid b} r persons as an equivalent for exemption from military duty; shall belong to, and be securely invested, and sacredly preserved in the several counties, as a county public school fund; the income of which fund shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this State. Sec. 2. All acts and parts of acts inconsistent with this act are hereby repealed. Approved May 19th, 1879. CHAPTER XVI. SCHOOLS: PUBLIC GIFTS TO FUND. AN ACT to encourage and increase the Public School Fund of the State by grant, gift or devise, as provided for in Section six (6), Article eleven (n) of the Constitution of Missouri, and to provide lor its safe and permanent investment. SECTION 1. Gifts to school fund lawful. 2. Duplicate receipts to be given by Treasurer. 3. Certified copy of transfer to be recorded by Auditor. 4. Property to be sold and proceeds invested. SECTION 5. Treasurer responsible for sale- keeping, etc. 6. Where terms of grant cannot be complied with, proceedings. 7. State made custodian of such funds. Auditor and Treasurer to report such gifts to the Legislature. ]E>c it enacted by the General Assembly of the State of Missouri^ as follows : Section 1. It shall hereafter be lawful for any person to grant, give or devise to the Public School Fund of the State any money, property, real or personal, choses in action of every kind and de- scription, the same to be turned over and delivered to the Treas- urer of the State, and to be disposed of by him in the manner hereinafter provided for. Sec. 2. For any money, property or choses in action, delivered to the Treasurer, under this act, he shall give duplicate receipts, one of which shall be filed in the office of the Auditor ot State, who shall charge the Treasurer therewith. Sec. 3. A certified copy of the instrument of writing, evidenc- ing such grant, gift or devise, shall also be delivered to the State Auditor, and duly recorded by him, in his office, in a book to be kept specially for that purpose, and the original shall be recorded in the recorder's office of the county where said grantor, donor or devisor lives or resided at the time of his death. Sec. 4. Said Treasurer shall, as early as practicable, dispose of the property granted, given or devised, according to the terms specified in the written instrument, granting or giving the same to the Public School Fund, and if the same be in money, or after the property is converted into money, it shall be securely invested and sacredly preserved as a part of the Public School Fund, as [59] provided for by the Constitution of this State, whether the same be given for the free public schools or for the benefit of the State University, and the annual income of which fund shall be invest- ed, reinvested, appropriated and disbursed, and paid over according to the terms of the writing making such grant, gift or devise, and for no other uses or purposes whatsoever. Sec. 5. For all property or money received under this act by the State Treasurer, he and his securities shall be responsible for the safe keeping, investment, reinvestment and disbursement of the same on his official bond. Sw. 0. In all cases where any such grant, gift, devise or be- quest has been made by any person for educational purposes, in aid of or connected with the free public school system, or of the State University, and from any cause the terms of such grant, gift devise or bequest cannot be executed or carried out according to the terms and conditions of thf same, it shall be lawful for the person or persons having the charge thereof, or holding the same in trust, or any person interested therein, to file a petition in the circuit court of the county where such grantor, donor or testator