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powers prescribed in its charter, it being understood that the course of study of such university or college shall always be equivalent to the customary collegiate course of such institutions: Provided, A majority of such board, composed of the Governor, secretary of state and superintendent of public instruction, shall have authority to grant such charter. A copy of such charter and certificate shall also be filed by the secretary of state, and a record made of the filing of the same. Trustees of academies and seminaries may secure incorporation by filing their charters or articles of association with the secretary of state, as prescribed for business corporations.

SEC. 10. This act shall be in force and take effect after its passage.

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Be it enacted by the General Assembly of the State of Arkansas as follows:

SECTION 1. In addition to the certificates furnished to the

auditor of the state by the proper officers of the several railroad companies of this state, descriptive of the lands that have been subscribed and donated to said railroad companies, it is hereby made the duty of the president and secretary of all railroad companies in the state, having such subscriptions, to certify to the auditor of the state the additional fact, under oath, properly acknowledged, that all such lands are subscribed to their companies, bona fide, to be used in furnishing aid for the construction of their roads, and that there is no arrangement or understanding that such subscribers shall have the right to withdraw any such subscribed lands at any time, nor for any purpose.

SEC. 2. Deeds to all lands that are now subscribed to such railroad companies that shall be certified to the auditor of the state, as provided in section one of this act, shall be filed for record with the proper officer of the county in which such lands are situated, on or before the first day of July, A. D. 1871.

SEC. 3. On the first day of July, A. D. 1871, the auditor of the state shall proceed to elassify all lands that have not been additionally certified to, as provided in section one of this act; and such lands as would have appeared on the list of forfeited lands shall be so classed, and the remainder shall be listed for taxation as other lands are listed.

SEC. 4. All acts and parts of acts inconsistent with this act are hereby repealed. This act to be in force and take effect from and after its passage.

Approved March 27, 1871.

XLIV.

AN ACT for the location, organization and maintenance of the Arkansas Industrial University, with a normal department therein.

SECTION

1. Treasurer of state to be financial receiver to apply for and receive from U. S. government land scrip due this state under act of congress. 2. Treasurer of state empowered to sell said scrip and purchase interest bearing U. S. bonds, or to exchange for U. S. bonds; all necessary power conferred on the treasurer, subject to control of board of trustees; rates at which he may sell or exchange scrip. 3. Provides for board of trustees;

their powers. State superintendant of public instruction to be ex-officio president of board. Majority to constitute quorum, but less number may adjourn from day to day. Governor to appoint board in certain cases.

4. Counties, cities, towns or individuals may bid for securing location of the university within desired limits; how bids to be made; mode of voting for and against such bids. Board of trustees to take health, etc., into consideration when locating.

5. How orders by county courts or

city councils, making bids, may be made; when election to be held, and returns made to county clerk, etc. Amounts bid by counties to appear of record in clerks' office of such

SECTION

counties; also bids by corporations or individuals.

6. Members of board to meet at office of state superintendent public instruction to examine bids; to ascertain solvency of bidders. What considerations to govern in their location of university. When location is made in accordance with bids, the same to be irrevocable by the state, and all grants, donations, etc., to vest in the state for use of the institution. The faith and credit of the state pledged to carry out agreement. In case no bid is recorded, what. President of board to call meetings when necessary.

7. The board to cause erection of buildings; duties and powers as to same prescribed; how how payments to be made for work and material.

8. Lands accepted by board to be deeded to the state for use of university; how board to proceed in case they cannot procure titles by paying what they adjudge to be full value of lands required.

9. All property or bonds accepted

by board of trustees to be part of university fund, to be held by financial agent, deposited or sold. How id agent may sell sama

SECTION

10. Board to cause buildings to be erected on the selected locations of the value of donations, bids and subscriptions, made by county or corporations; how long said county or corporation required to pay interest on bonds issued; if required and paid, the same to be refunded by the state. Provides for levy of tax to pay incidental expenses and interest on bonds issued by county or corporation; duty of any court of competent jurisdiction in case of failure, 11. Board of trustees to provide

suitable furniture, employ professors, etc., to carry out intent of act of Congress; to have normal department as act provides; to observe strict economy, etc.

12. President of board and finan

cial agent to perform their duties without fees or compensation; to be allowed traveling and incidental expenses in carrying act into effect; how same to be paid; per diem of trustees.

13. In what cases state to have, for use of university, right of action; how proceedings to be prosecuted.

14. Land scrip donated by U. S. cannot be used to erect buildings; bonds donated cannot be made available in time prescribed by congress. Fifty thousand dollars appropriated to purchase site, erect buildings, etc.

SECTION

15. Board of trustees to direct whatever is required to put university in operation, not specifically named in this act; to keep account of expenditures; president to report to Gover

nor.

16. Board of trustees to fix and regulate fees and wages paid to all employes; trustees to take oath.

17. When and whom board to elect secretary and treasurer; treasurer to give bond in sum fixed by board; bond to be filed with secretary of state; power of removal with board of trustees; compensation for services; powers and duties of treasurer.

18. Rules and regulations for university to be prescribed by board of trustees, subject to change by subsequent legislation.

19. Board to form themselves into body corporate; how; powers and privileges as such.

20. In case one hundred acres of land is not donated, board shall purchase; terms of same prescribed.

21. All conflicting laws repealed; act in force from passage.

Be it enacted by the General Assembly of the State of Arkansas:

SECTION 1. That the treasurer of said state be a financial agent and trustee of said state, immediately after the passage of this act, to apply for and receive of the United States government all the land scrip to which this state may be entitled by reason of her acceptance of the provisions of the act of Congress, entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862, and acts amendatory thereof.

SEC. 2. Be it further enacted, That the treasurer of the state is hereby fully empowered to offer and sell said land scrip in whatever market he can dispose of the same, or any part thereof, to the best advantage for said state, and with the proceeds of such sale to purchase interest-bearing bonds of the United States, such scrip to be sold at the highest market rates, and such bonds to be purchased at the lowest price for which they can be had in any market; or, if more advantageous to this state, said agent may, upon the best practicable terms, exchange such scrip for such government bonds, and all necessary power is hereby conferred upon said agent to execute all obligations, transfer acquittances and receipts necessary to carry out the provisions of this act: Provided, Such financial agent shall be subject to the direction and control of the board of trustees hereinafter mentioned; and he shall not sell said scrip at a less amount per acre, or pay for such bonds a greater sum per dollar, than may be sanctioned by resolution of said board; and in case of exchange of such scrip for government bonds, it shall be upon terms sanctioned by said board.

SEC. 3. Be it further enacted, That this legislature shall elect one trustee for each judicial circuit, who shall constitute a board of trustees, with all authority and necessary powers to carry out the provisions of this act, in locating, organizing and maintaining such industrial university, and a normal school therein; and the state superintendent of public instruction shall, ex officio, be president of said board, and, in all cases of

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