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the revenues arising from the leasing and the income derived from the safely invested proceeds of sales of 75,000 acres of the 100,000 acres of land granted to the Territory of New Mexico by the United States for the use and benefit of the New Mexico College of Agriculture and Mechanic Arts, in accordance with the provisions of the act of Congress entitled "An act to make certain grants of land to the Territory of New Mexico and for other purposes," approved June 21, 1898, and the act of the legislative assembly of the Territory of New Mexico entitled "An act establishing a board of public lands, assigning their duties, and for leasing and managing public lands and funds,'' approved March 16, 1899. And all of such proceeds, or so much thereof as may be necessary, together with any interest accruing therefrom, shall be paid to the treasurer of the
Territory of New Mexico and be by him separately kept as a fund for the payment of the interest and principal of the bonds herein provided to be issued: Provided, however, Should the proceeds as aforesaid be not sufficient in any year to pay the interest which shall become due as provided herein, the auditor of public accounts of the Territory of New Mexico is hereby directed to levy a tax, at the time that other taxes are levied, sufficient to pay the interest on said bonds, and to give notice of such assessment or levy of taxes to the several officers who are charged with the duty of the assessment of taxes in the several counties of the Territory, who shall assess the same in the manner that other taxes are required to be assessed for Territorial purposes: And further provided, In event sufficient funds have not been realized from the proceeds of sales and rentals as aforesaid, principal and interest, on the 1st day of January, 1929, then such portion of said lands authorized by law to be sold, remaining unsold at that time, as may be necessary, shall be at once put upon the market and sold by the board of public lands under such regulations and saws as may then be in force, and the proceeds realized from such sale shall likewise go to pay any part of said bonds and interest then unpaid when due and to reimburse the Territory for all interest paid by it and remaining unpaid in accordance with the provisions of this act.
SEC. 3. Said bonds shall be issued and negotiated under the direction of the treasurer of the Territory of New Mexico: Provided, however, Said bonds shall not be sold under their face value. The proceeds of the sale of said bonds shall be safely kept by the treasurer of the Territory of New Mexico, under bond, and may be expended by the board of regents of said institution for the following purposes: The erection of a dormitory for boys and young men attending such institution; the erection of a gymnasium and library building, and furniture, fixtures, and equipment for said buildings; for the purchase or development of ample and sufficient water supply for domestic and irrigation purposes of said institution and the farm connected therewith; for repairs to and insurance upon, and fuel, water, and lights for, all college buildings; for salaries of janitors and librarian, and for such necessary printing as can not be paid for out of United States appropriations.
Ibid., Chapter XC: (Appropriates twenty one-hundredths of 1 mill on the dollar tax to the New Mexico College of Agriculture and Mechanic Arts.]
Ibid., Chapter XCVIII: SECTION 1. The boards of managers of the different Territorial institutions, under whatsoever name they may be legally designated, are hereby directed and required to keep in suitable books of record a strict account of all moneys received by them from the Territory, and also itemized accounts of the disbursement of the same. They shall require all bills against such institutions to be made out in duplicate, and all salaries or other expenditures, except for bills and current expenses, shall be receipted for in duplicate, one of such bills or receipts to be kept by the said board of managers with the other papers and property of the institution and the other to accompany all requisitions upon the auditor of the Territory for warrants, and no warrant shall be drawn by the auditor for any amount in favor of any such institution unless the requisition therefor is accompanied with such itemized receipts for the money expended after the last requisition.
SEC. 3. It is hereby made the duty of the several boards of managers of Territorial, charitable, or other institutions which receive any money from the Territorial treasury at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer, or other accounting officer of such institution who draws and receives the Territorial funds, and shall be transmitted to the governor of the Territory within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the duties herein specified shall subject such person to removal from his position, and in case he is a bonded officer it shall be considered as a breach of his bond and be a misdemeanor in office, for which he may be fined in any sum not exceeding $500 nor less than $100, which shall be recovered from him and the sureties on his bond as a penalty.
SEC. 4. The governing boards of the several educational institutions of this Territory shall, at the same time when the annual financial statement required by section 3 of this act is to be made, also make and transmit to the governor a list of the pupils enrolled in such institution on the last day of the preceding fiscal year, stating the name, age, residence, and grade of each pupil.
[The following matter is taken from the Revised Statutes, Codes, and General Laws of the State of New York, certified by the Secretary of State, under sec. 932 of the Code of Civil Procedure, as amended by Laws of 1895, chap. 594, 3d ed., by Clarence F. Birdseye, New York, 1901.]
Cornell University: SECTION 1. The treasurer of the State is hereby designated as the officer designated by the laws of the State in pursuance of an act of the Congress of the United States approved August 30, 1890, and the assent of this State is hereby given to the purpose of said grants and to all the terms and conditions thereof, as specified in such act of Congress.
SEC. 2. The treasurer of this State shall keep the accounts of all moneys hereafter received by him in pursuance of such act of Congress in a separate fund to the credit of the Cornell University, and shall pay all such moneys immediately upon the receipt thereof by him to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, in pursuance of said act of Congress.
SEC. 3. The sum of $15,000 heretofore paid to the treasurer of this state in parsuance of such act of Congress is hereby appropriated, to be paid by the treasurer of the State to the treasurer of the Cornell University out of the fund to which the same may be credited, upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University in obedience to the requirements of said act
of Congress. Sec. 4. The balance of the income of the college land-scrip fund received by the State prior to October 1, 1889, and not heretofore paid over to the Cornell University and reported by the comptroller of this State in his communication to the Senate dated March 31, 1890, to be payable to the Cornell University in accordance with the decision of the court of appeals in the action entitled "The People ex rel. Cornell University, appellant, against Ira Davenport, comptroller, respondent," decided by the court of appeals January 14, 1890, and amounting to the sum of $89,383.66, is hereby appropriated, to be paid by the treasurer of the State, out of any moneys in the treasury not otherwise appropriated, to the treasurer of the Cornell University upon the warrant of the comptroller, issued upon the order of the trustees of the Cornell University, reciting that the same shall be in full of all claims or demands of the Cornell University against the State for or on account of the income of the college land-scrip fund received by the State prior to October 1, 1889, except for the sum of $3,096.25, the balance of such income in the treasury of the State upon October 1, 1889.
SEC. 5. There is hereby established a State veterinary college at Cornell University. For the purpose of constructing and equipping suitable buildings for such college upon the grounds of said university at Ithaca, N. Y., the sum of $50,000, or so much thereof as may be necessary, is hereby appropriated, to be paid by the treasurer, upon the warrant of the comptroller, upon vouchers approved by the commissioner of agriculture, to the Cornell University. No part of such money shall be expended until plans and specifications for the construction and equipment of such buildings and of the location thereof shall have been approved by the commissioner of agriculture nor until the comptroller shall have certified that in his judgment the expense of the completion and equipment of such buildings in accordance with such plans and specifications will not exceed the amount of such appropriation. Such buildings and equipment shall be the property of the State. [By a law of 1895, chap. 598, $100,000 was appropriated on the saine conditions. ]
Sec. 6. The State veterinary college, established by law, shall be known as the New York State Veterinary College. The object of said veterinary college shall be to conduct investigations as to the nature, prevention, and cure of all diseases of animals, including such as are communicable to man and such as cause epizootics among live stock; to investigate the economical questions which will contribute to the more profitable breeding, rearing, and utilization of animals; to
produce reliable standard preparations of toxins, antitoxins, and other products to be used in the diagnosis, prevention, and cure of diseases and in the conducting of sanitary work by approved modern methods; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention, and treatment of animal diseases, and in all matters pertaining to sanitary science as applied to live stock and correlatively to the human family. All buildings, furniture, apparatus, and other property heretofore or hereafter erected or furnished by the State for such veterinary college shall be and remain the property of the State. The Cornell University shall have the custody and control of said property, and shall, with whatever State moneys may be received for the purpose, administer the said veterinary college, with authority to appoint investigators, teachers, and other officers, to lay out lines of investigation, to prescribe the requirements for admission and the course of study, and with such other power and authority as may be necessary and proper for the due administration of such veterinary college. Said university shall receive no income, profit, or compensation therefor, but all moneys received from State appropriations for the s:id veterinary college or derived from other sources in the course of the administration shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said New York State Veterinary College. Such moneys as may be appropriated to be paid to the Cornell University by the State in any year, to be expended by said university in the administration of said veterinary college, shall be payable to the treasurer of Cornell University in three equal payments, to be made on the 1st day of October, the 1st day of January, and the 1st day of April in such year, and within thirty days after the expiration of the period for which such installment is received the said university shall furnish the comptroller of the State of New York satisfactory vouchers for the expenditure of such installment. The said university shall expend such moneys and use such property of the State in administering said veterinary college, and shall report to the governor during the month of January in each year a detailed statement of such expenditures and of the general operations of the said veterinary college. No tuition fee shall be required of a student pursuing the regular veterinary course who, for a year or more immediately preceding his admission to said veterinary college, shall have been a resident of this State. The tuition fees charged to other students and all other fees and charges in said veterinary college shall be fixed by Cornell University, and the moneys so received shall be expended for the current expenses of the said veterinary college.
SEC. 7. Upon the acceptance by Cornell University of the provisions of this act, which acceptance in writing duly executed and acknowledged in the manner provided by law for the execution of written instruments by corporations shall be filed in the office of the secretary of state within ten days after the approval of this act, the trustees of Cornell University are authorized and empowered to create and establish a department in said university to be known as and called the New York State College of Forestry, for the purpose of education and instruction in the principles and practices of scientific forestry.
SEC. 8. For the purposes of such school and for carrying out the objects of this act the board of trustees of said university are hereby authorized and empowered, by and with the consent and approval and under the direction of the forest preserve board of this State, to contract for the purchase of and to purchase and to acquire by purchase title to not more than 30,000 acres of land in the Adirondack forests. The university shall have the title, possession, management, and control of such land, and by its board of trustees through the aforesaid college of forestry shall conduct upon said land such experiments in forestry as it may deem most advantageous to the interests of the State and the advancement of the science of forestry, and may plant, raise, cut, and sell timber at such times, of such species and quantities, and in such manner as it may deem best, with a view to obtaining and imparting knowledge concerning the scientific management and use of forests, their regulation and administration, the production, harvesting, and reproduction of wood crops, and earning a revenue therefrom, and to that end may constitute and appoint a faculty of such school, consisting of one director or professor and two instructors, and may employ such forest manager, rangers, and superintendents and incur such other expenses in connection therewith as may be necessary for the proper management and conduct of said college and the care of said lands and for the purposes of this act within the amount hereinafter appropriated.
SEC. 9. The superintendent of the State land survey or the State engineer and surveyor shall make such surveys and furnish such maps as may be required by said trustees and authorized and directed by the forest preserve board of lands purchased or proposed to be purchased for the purposes of this act.
SEC. 10. Every deed or conveyance of lands acquired under the provisions of this act by said university shall contain in the habendum clause thereof a condition and covenant that the same and the title to the land conveyed therein and thereby is taken by the grantee therein named, the Cornell University, under and pursuant to the provisions of this act, and shall also contain an express covenant running with the land and binding upon said university that the same is conveyed for the uses and purposes in this act provided for, and also an express covenant on the part of said university to convey said lands to the people of the State, as hereinafter provided for. Every such conveyance shall be executed in duplicate, one of which shall be recorded in the office of the clerk of the county where the land is situated and the other in the office of the secretary of state.
SEC. 11. Payments for the lands thus purchased shall be made in manner following: Upon the execution of any contract or conveyance pursuant to section 8 and section 9 above, the board of Trustees of the university shall transmit a certified copy thereof to the forest-preserve board with a written request for a warrant and certificate for the payment of the purchase price to the grantor or proper persons entitled thereto. The forest-preserve board shall, after examination, and if such be the fact, make and execute its certificate that said purchase or contract was made by and with its consent and approval and under its direction, and that the same is in all respects in conformity with the provisions of this act, and shall attach such certificate to said request for a warrant and certificate, and transmit the same to the comptroller, who shall thereupon draw his warrant upon the treasurer in favor of the grantor or proper person entitled to the purchase price, and the treasurer shall pay the same from any moneys heretofore or hereafter appropriated for the purpose of chapter 220 of the laws of 1897.
SEC. 12. All moneys received by Cornell University from State appropriations for the said [forestry) college shall be kept by said university in a separate fund from the moneys of the university, and shall be used exclusively for said college. Such moneys as may be appropriated to be paid to the Cornell University by the State, in any year, to be expended by said university in the administration of said college shall be payable to the treasurer of Cornell University in three equal payments, to be made on the 1st day of October, the 1st day of January, and the 1st day of April in each year, and within thirty days after the expiration of the period for which each installment is received the said university shall furnish the comptroller of the State of New York satisfactory vouchers for the expenditure of such installment. The said university shall expend such moneys and use such property of the State in administering said college, and shall report to the legislature during the month of January in each year a detailed statement of such expenditures and of the general operations of said college. Neither the board of trustees nor any member thereof shall receive any compensation for services under this act, but each such member is entitled to be repaid from the State treasury his actual and necessary expenses incurred in the performance of any duty imposed upon him under this act by the trustees or the forest-preserve board, on like certificate of the forest-preserve board to and on the audit and warrant of the comptroller.
SEC. 13. All sums received by the university from the sale of timber or otherwise, under this act, shall be deposited on the first day of each month to the credit of Cornell University in such bank or banks as may be designated by the comptroller for that purpose. Each bank so designated shall file with the comptroller a bond in an amount and on conditions approved by him. The treasurer of Cornell University shall, on or before the fifth day of each month, file with the State comptroller a verified statement showing the amount of money so received and deposited, when, from whom, and for what received, and the day on which the deposit was made, and said statement shall have indorsed thereon a certificate of the proper officer of the bank that such deposit has been made. The money so deposited may be drawn by the treasurer on his check or draft countersigned by the comptroller for any amount included in an estimate approved as herein provided. The director of the New York State College of Forestry of Cornell University shall, on the first day of each month, file with the comptroller an estimate and detailed statement of all moneys that will, in the judgment of such director, be required in that month for the administration of the trust committed to Cornell University under this act in connection with the forest lands. The comptroller may revise and reduce the estimate and shall fix the amount which may be drawn thereon. At the end of the period for which the trustees of Cornell University hold title to said forest lands they shall render a full account of said fund to the comptroller of the State of New York, and all balances, if any then remain, shall be paid over to the State treasurer.
SEC. 14. Subject only to the powers, duties, and responsibilities vested in or imposed upon the trustees of Cornell University by this act and except as may be inconsistent with this act and the objects and purposes herein provided for, the land so purchased shall be deemed to be and shall be regarded as a part of the forest preserve, so far as may be necessary for the protection of fish, game, and forests, as prescribed by the fish, game, and forest law; and the jurisdiction, supervision, powers, duties, and responsibilities of the fish, game, and forest commission, and of fish and game protectors and foresters, authorized by the fish, game, and forest law, except as may be inconsistent with the provisions of this act, shall extend and apply to the land so purchased hereunder for the purposes of this act.
SEC. 15. Upon and at the expiration of thirty years from and after the taking effect of this act all lands and each and every part and parcel thereof purchased by said university and paid for by the State under and pursuant to the provisions of this act shall be by the board of trustees of said university, or its successors, granted and conveyed to the people of the State of New York by a good and sufficient deed of conveyance, without further price or consideration therefor, and the same shall thereupon be and become a part of the forest preserve. Nothing herein contained, however, shall be held or construed to render it obligatory upon the trustees to accept the provisions hereof.
SEC. 16. The sum of $10,000 is hereby appropriated out of any moneys in the treasury not otherwise appropriated for the purposes of this act, exclusive of the purchase of land, to be paid to Cornell University; such sum to be expended by The board of trustees of Cornell University as hereinbefore provided for.
State finance law: SEC. 96. The acceptance by this State of the provisions of an act of the Congress of the United States approved July 2, 1862, and which acceptance is contained in chapter 20 of the laws of 1863, is continued in force, notwithstanding the repeal thereof by this chapter. The money raised under chapter 78 of the laws of 1895 by the sale or conversion into cash of the securities in which were invested the proceeds of the sales of lands and land scrip formerly constituting the college land scrip fund, together with the money paid into the State treasury from the sale of lands or land scrip belonging to such fund, is held by the State as a part of the general fund for the benefit and use of Cornell University. Five per cent of the amount of the proceeds so transferred shall annually be paid to the Cornell University pursuant to a certificate issued by the comptroller to such university by virtue of chapter 78 of the laws of 1895, which certificate is hereby ratified and confirmed. Certificates shall also be issued by the State to such university from time to time as the proceeds of the sales of the lands and land scrip are paid into the treasury for the payment annually of 5 per cent upon such proceeds from the date of their receipt upon the same conditions as the original certificate. The comptroller in his annual estimate of the appropriations required for the expenses of the government shall include the amount required to pay the interest on these certificates.
Consolidated school law, Title XII: SEC. 245. The several departments of study in Cornell University shall be open to applicants for admission thereto at the lowest rates of expense consistent with its welfare and efficiency and without distinction as to rank, class, previous occupation, or locality. But with a view to equalize its advantages to all parts of the State the institution shall receive students to the number of one each year from each assembly district in this State, to be selected as hereinafter provided, and shall give them instruction in any or in all the prescribed branches of study in any department of said institution free of any tuition fee or of any incidental charges to be paid to said university, unless such incidental charges shall have been made to compensate for materials consumed by said students or for damages needlessly or purposely done by them to the property of said university. The said free instruction shall, moreover, be accorded to said students in consideration of their superior ability and as a reward for superior scholarship in the academies and public schools of this State. Said students shall be selected as the legislature may from time to time direct and until otherwise ordered, as follows:
1. A competitive examination, under the direction of the department of public instruction, shall be held at the county court-house in each county of the State upon the first Saturday of June in each year by the city superintendents and the school commissioners of the county.
2. None but pupils of at least 16 years of age and of six months' standing in the common schools or academies of the State during the year immediately preceding the examination shall be eligible.
3. Such examination shall be upon such subjects as may be designated by the president of the university, Question papers prepared by the department of pubfic instruction shall be used, and the examination papers handed in by the different candidates shall be retained by the examiners and forwarded to the department of public instruction.