MASSACHUSETTS.

AN ACT TO INCORPORATE THE TRUSTEES OF THE MASSACHUSETTS AGRICULTURAL

COLLEGE.

(Approved April 29, 1863.,

SECTION 1. Marshal P. Wilder, of Dorchester; Charles G. Davis, of Plymouth; Nathan Durffee, of Fall River; John Brooks, of Princeton; Henry Colt, of Pittsfield; William S. Southworth, of Lowell; Charles C. Sewall, of Medfield; Paoli Lathrop, of South Hadley; Phinehas Stedman, of Chicopee; Allen W. Dodge, of Hamilton; George Marston, of Barnstable; William B. Washburn, of Greenfield; Henry L. Whiting, of Tisbury; John B. King of Nantucket, their associates and successors, are hereby constituted a body corporate, by the name of the Trustees of the Massachusetts Agricultural College, the leading object of which shall be, without excluding other scientific and classical studies, and including military tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life-to be located as hereinafter provided; and they and their successors, and such as shall be duly elected members of said corporation, shall be and remain a body corporate by that name forever. And for the orderly conducting of the business of said corporation the said trustees shall have power and authority, from time to time, as occasion may require, to elect a president, vice-president, secretary and treasurer, and such other officers of said corporation as may be found necessary, and to declare the duties and tenures of their respective offices; and also to remove any trustee from the same corporation, when, in their judgment, he shall be rendered incapable, by age or otherwise, of discharging the duties of his office, or shall neglect or refuse to perform the same; and, whenever vacancies shall occur in the board of trustees, the legis lature shall fill the same: provided, nevertheless, that the number of members shall never be greater than fourteen, exclusive of the Governor of the Commonwealth, the secretary of the board of education, the secretary of the board of agriculture, and the president of the faculty, each of whom shall be, ex officio, a member of said corporation.

$2. The said corporation shall have full power and authority to determine at what times and places their meetings shall be holden, and the manner of notifying the trustees to convene at such meetings; and also, from time to time, to elect a president of said college, and such professors, tutors, instructors, and other officers of said college, as they shall judge most for the interest thereof, and to determine the duties, salaries, emoluments, responsibilities and tenures of their several offices. And the said corporation are further empowered to purchase or erect, and keep in repair, such houses and other buildings as they shall judge necessary for the said college; and also to make and ordain, as occasion may require, reasonable rules, orders, and by-laws, not

repugnant to the constitution and laws of this Commonwealth, with reasonable penalties, for the good government of the said college, and for the regulation of their own body, and also to determine and regulate the course of instruction in said college, and to confer such appropriate degrees as they may determine and prescribe provided, nevertheless, that no corporate business shall be transacted at any meeting unless one-half, at least, of the trustees are present.

§ 3. The said corporation may have a common seal, which they may alter or renew at their pleasure, and all deeds sealed with the seal of said corporation, and signed by their order, shall, when made in their corporate name, be considered in law as the deeds of said corporation; and said corporation may sue and be sued in all actions, real, personal or mixed, and may prosecute the same to final judgment and execution, by the name of the Trustees of the Massachusetts Agricultural College; and said corporation shall he capable of taking and holding in fee simple, or any less estate, by gift, grant, bequest, devise, or otherwise, any lands, tenements, or other estate, real or personal: provided, that the clear annual income of the same shall not exceed thirty thousand dollars.

§ 4. The clear rents and profits of all the estate, real and personal, of which the said corporation shall be seized and possessed, shall he appropriated to the uses of said college, in such manner as shall most effectually promote the objects declared in the first section of this act, and as may be recommended, from time to time, by the said corporation, they conforming to the will of any donor or donors, in the application of any estate which may be given, devised or bequeathed, for any particular object connected with the college.

§ 5. The legislature of this Commonwealth may grant any further powers to, or alter, limit, annul or restrain, any of the powers vested by this act in the said corporation, as shall be found necessary to promote the best interests of the said college; and more especially may appoint and establish overseers or visitors of the said college, with all the necessary powers for the better aid, preservation and government thereof. The said corporation shall make an annual report of its condition, financial and otherwise, to the legislature, at the commencement of its session.

§ 6. The board of trustees shall determine the location of said college, in some suitable place within the limits of this Commonwealth, and shall purchase, or obtain, by gift, grant, or otherwise, in connection therewith, a tract of land containing at least one hundred acres, to be used as an experimental farm, or otherwise, so as best to promote the objects of the institution; and in establishing the by-laws and regulations of said college, they shall make such provision for the manual labor of the students on said farm as they may deem just and reasonable. The location, plan of organization, government and course of study prescribed for the college, shall be subject to the approval of the legislature.

§ 7. One tenth part of all the moneys which may be received by the state treasurer, from the sale of hand scrip, by virtue of the provisions of the one hundred and thirtieth chapter of the acts of the thirty-seventh congress, at the second section thereof, approved July second, eighteen hundred and sixty-two, and of the laws of this Commonwealth, shall be paid to said college, and appropriated towards the purchase of said site or farm: provided, nevertheless, that the said college shall first secure by valid subscriptions or otherwise, the further

sum of seventy-five thousand dollars, for the purpose of erecting suitable buildings thereon; and upon satisfactory evidence that this proviso has been complied with, the governor is authorized, from time to time, to draw his warrants therefor.

§ 8. When the said college shall have been duly organized, located, and established, as and for the purposes specified in this act, there shall be appropriated and paid to its treasurer each year, on the warrant of the governor, two-thirds of the annual interest or income, which may be received from the fund created under and by virtue of the act of congress named in the seventh section of this act, and the laws of this Commonwealth, accepting the provisions thereof, and relating to the same.

§ 9. In the event of a dissolution of said corporation, by its voluntary act at any time, the real and personal property belonging to the corporation shall revert and belong to the Commonwealth, to be held by the same and be disposed of as it may see fit, in the advancement of education, in agriculture, and in the mechanic arts. The legislature shall have authority at any time to withhold the portion of the interest or income from said fund provided in said act, whenever the corporation shall cease or fail to maintain a college within the provisions and spirit of this act and the before-mentioned act of congress, or for any cause which they deem sufficient.

AN ACT CONCERNING THE MASSACHUSETTS AGRICULTURAL COLLEGE.
(Approved May 11, 1864.)

SECTION 1. The corporate name of the Trustees of the Massachusetts Agricultural College shall be, The Massachusetts Agricultural College.

2. The location, plan of organization, government and course of study, prescribed for said college, shall be subject to the approval of the governor and council.

§3. It shall be the duty of the commission authorized by section three of chapter 166, of acts of 1863, to sell from time to time the land scrip which may come into possession of the Commonwealth by virtue of said act, on such terms as the governor and council shall determine.

$4. The governor, with the advice and consent of the council, is hereby authorized and instructed to transfer to the Massachusetts Agricultural College one-tenth of the entire amount of land scrip received by the Commonwealth from the United States by virtue of the act of congress of July 2, 1862; and the proceeds from the sale of said land scrip shall be expended only for the purchase of land for the use of said college. If any portion of said proceeds shall remain unexpended after the purchase of a suitable site or farm, for said college, then said college shall pay the same over to the treasurer of the Commonwealth, who shall invest and hold the same as a part of the fund for the promotion of education and the mechanic arts, established by section 4, chap. 166, 1863. $5. To defray the necessary expenses of establishing and maintaining the Massachusetts Agricultural College, there may be advanced from the treasury, to be refunded, as provided in section sixth of this act, the sum of ten thousand dollars, and the governor is hereby authorized to draw his warrant therefor; provided, that the money shall be paid to the treasurer of said college in

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

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

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

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

(Approved May 5, 1865.)

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

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

AN ACT CONCERNING THE MASSACHUSETTS AGRICULTURAL COLLEGE.

(Approved March 15, 1865.)

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

A ACT CONCERNING THE BOARD OF AGRICULTURE AND THE STATE AGRICULTU RAL CABINET AND LIBRARY.

(Approved May 26, 1866.)

SECTION 1. The Board of Agriculture shall constitute a board of overseers of the Massachusetts Agricultural College, with powers and duties to be defined and fixed by the governor and council. But said board of overseers shall have to powers granted to control the action of the trustees of said college, or to gative their powers and duties, as defined by chapter 220 of the act of 1863. § 2. The Board of Agriculture is hereby authorized to locate the State Agricultural Cabinet and Library, and to hold its meetings in said college.

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

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

(Approved April 10th, 1861.)

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

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

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

§ 4. If at any time within one year after the passage of this act, the said Institute of Technology shall furnish satisfactory evidence to the governor and council that it is duly organized under the aforesaid charter, and has funds subscribed, or otherwise guaranteed, for the prosecution of its objects, to an amount at least of one hundred thousand dollars, it shall be entitled to a perpetual right to hold, occupy and control, for the purposes herein before mentioned, the westerly portion of said second square, to the extent of two-thirds parts thereof, free of rent or charge by the commonwealth, subject, nevertheless, to the following stipulations, namely: persons from all parts of the commonwealth shall be alike eligible as members of said institute, or as pupils for its instruction; and its museum or conservatory of arts, at all reasonable times, and under reasonable regulations, shall be open to the public; and within two years from the time when said land is placed at its disposal for occupation, filled and graded, shall erect and complete a building suitable to its said purposes, appropriately inclose, adorn and cultivate the open ground around said buildg, and shall thereafter keep said grounds and building in a sightly condition. § 5. The Boston Society of Natural History shall be entitled to hold, occupy and control, for the objects and purposes for which said society was incorporated, and which are more fully set forth in its constitution and by-laws, the easterly portion of said second square, to the extent of one-third part thereof: provided, that the said society shall, within two years from the time when said portion of land is placed at its disposal for occupation, filled and graded, erect a building suitable to said objects and purposes, and appropriately inclose, plant and adorn the open ground around said building, and shall thereafter keep said grounds and building in a neat and ornamental condition.