library board of nine directors, to be chosen from the citizens at large, of which board neither the mayor nor any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter; and in cases of vacancies by resignation, removal, or otherwise the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

SEC. 3. Such directors shall, immediately after their appointment, meet and organize, by electing one of their number president, and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance and for the government of the library and reading room as they may deem expedient, subject to supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund and of the renting or construction of any library building, the supervision, care, and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose.

SEC. 4. Any tax levied or collected or funds donated thereto shall be kept for the use of such library separate and apart from other funds of said city or town and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board and shall not be used or disturbed for any other purpose.

SEC. 5. The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building or buildings for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency, and to fix and impose by general rules penalties and forfeitures for trespasses or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

SEC. 6. Every library and reading room established under this act shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms any person who shall wilfully violate or refuse to comply with rules and regulations established for the government thereof.

SEC. 7. The library board shall, on or before the second Monday in June in each year, make a report to the city or town council of the condition of their trust on the first day of June in such year, showing all moneys received and expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading-room department; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

SEC. 8. Any by-law or regulation established by the library board may be amended or annulled by the council of said city or town.

SEC. 9. Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forth with placed in the city treasury to the credit of the library fund. SEC. 10. Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become ers thereof in trust to the uses of the public library of such city or town. The property of such library shall be exempt from execution, and shall mpt from taxation as other public property.

The library board shall have power to authorize any circulating library, er, or work of art, of any private person, association, or corporation, in the public library rooms, to be drawn or used outside of the rooms of such fee or membership as the person, corporation, or association may require. osits may be removed by the owner thereof at ooks or oth ling matter so deposited in the rooms of any

EDUCATION REPORT, 1895-96.

such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associato library, or other property so deposited in any public library, while so placed or remaining shall be subject to use and reading within the library room without charge by any person an inhabitant of said city or town, and entitled to the use of the free library. [Approved February 17, A. D. 1877. Laws of Nebraska, 1877.]

AN ACT regulating the State library.

SECTION 1. Be it enacted by the legislature of the State of Nebraska, That the books, pamphlets, maps, and charts belonging to the State, now in the State library, or which shall hereafter be added to the same, shall constitute the State library.

SEC. 2. There shall be two divisions of the State library, one of which shall embrace all miscellaneous works, books, pamphlets, maps and charts, and the statutes and other books required by law, to be deposited in the office of the secretary of state, and shall be known as the miscellaneous division of the State library, which shall be kept under the charge of the secretary of state, and of which he shall be librarian. The other shall embrace all books of reports, and other law books, and shall be known as the law division of the State library, which shall be kept under the charge of the clerk of the supreme court, and of which he shall be librarian.

SEC. 3. The governor, secretary of state, and anditor shall constitute a board of directors of the miscellaneous division, and the judges of the supreme court shall constitute a board of directors of the law division of the State library.

SEC. 4. Each board of directors shall have power to make such rules, not inconsistent with this act, for the regulation of the division of the library under their direction as they may elect proper, and may prescribe penalties for any violations thereof, which shall be collected in the same manner as for the nonreturn or injury of any books.

SEC. 5. Books may be taken from the State library by the members of the legislature and its officers during the session of the legislature, and by the officers of the executive department of the State, and judges of the supreme court and district courts; and no other person shall be permitted to take or detain from the library more than two miscellaneous works at one time, or take the same away from the capitol.

SEC. 6. Each librarian shall cause to be kept a register of all books issued and returned at the time they shall be so issued and returned, and none of the books, except the laws, journals, and reports of this State, which may be taken from the library, shall be detained more than ten days, and all the books taken out by officers or members of the legislature shall be returned at the close of the session.

SEC. 7. If any person injure or fail to return any book taken from the library, he shall forfeit and pay to the librarian of the division to which it belongs, for the use of the library, double the value thereof, or of the set to which it belongs, if a set is broken by its loss, to be recovered in an action, in the name of the people of the State, in any court of competent jurisdiction; and before the auditor shall issue his warrant in favor of any person authorized to take books from the library for the value of his services or amount of his salary he shall be satisfied that such person has returned all books taken from the library or settled for the same; otherwise he shall deduct all accounts for the detention or injury of such books.

SEC. 8. Each librarian shall, on or before the twentieth day of December in each year, report to the governor the condition of the division under his charge, stating the number of volumes contained therein, the number of volumes purchased during the past year, and the cost thereof, the number of volumes received by donation, the number of volumes injured, or not returned, if any, and the amount received in compensation therefor, and such suggestions and further information as may be deemed by him desirable.

SEC. 9. The librarian of each division of the library shall give bond to the people of the State, in the sum of five thousand dollars each, with good and sufficient sureties, to be approved by the board of directors of their respective division, conditioned for the faithful performance of the duties of their respective offices, which bonds shall be filed in the office of the State auditor.

SEC. 10. Each librarian shall receive for his services the sum of four hundred and fifty dollars per annum, to be paid quarterly, and the State auditor is authorized to draw his warrant on the treasurer for such amounts as they become due.

SEC. 11. Two hundred dollars shall be annually paid out of the State treasury for the use of the library, one half to each division, which amount, together with the amounts received from fines and forfeitures under this act, shall be annually expended in the purchase of additional books, under the direction of the board of directors. SEC. 12. It shall be the duty of each librarian to cause each book in his division to be labeled with a printed or stamped label containing the words, "Nebraska State Library," and also to write the same words on the thirtieth page of each volume.

SEC. 13. The directors of the law division of the State library may sell or exchange any surplus or duplicate sets of reports or law books in such division of the library, and use the money arising from such sale in purchasing other law books or reports for such library.

SEC. 14. If either librarian shall permit or allow any person not authorized by this act to remove a book from the library, he shall be liable on conviction thereof to pay a fine of not less than five nor more than fifty dollars for every book so taken.

SEC. 16. Chapter 32, entitled Library of part one (1) of the Revised Statutes, approved in 1866, and also an act entitled "An act to create the office of State librarian, and to define the duties of the same," approved June 22, 1867, are hereby repealed: Provided, however, That no causes of action for fines, penalties, or forfeitures, and no prosecutions for misdemeanors to which any person may have become liable under any of the provisions of the chapter or of the act hereby repealed, shall be barred or in any manner affected by this act; but such actions and prosecutions may be commenced and carried on as if this act had not been passed.

SEC. 17. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 18. This act shall take effect and be in force from and after its passage. [Approved March 3, 1871. Laws of Nebraska, 1870-71.]

NEW HAMPSHIRE.

FREE PUBLIC LIBRARIES.

SECTION 21. The governor, with the advice and consent of the council, shall appoint four persons, residents of the State, who, together with the State librarian, shall constitute a board of library commissioners. The governor shall designate the chairman thereof. Two members of the board shall be appointed for the term of four years and two for two years, and thereafter the term of office of the commissioners shall be two years. All vacancies on the board shall be filled by the governor, with the consent of the council.

SEC. 22. The librarian or trustees of any free public library may ask the board for advice in regard to the selection of books, cataloguing of books, and any other matters pertaining to the maintenance or administration of the library; and the board shall give such advice in regard to the matters as it shall find practicable. The board shall make a report of its doings to the legislature biennially, which shall be printed in the report of the State librarian.

SEC. 23. The board is hereby authorized and directed to expend, upon the application of any town having no free public library owned and controlled by the town, a sum not exceeding one hundred dollars for books for such town entitled to the benefits of these provisions, such books to be used by the town for the purpose of establishing a free public library; and the commissioners shall select and purchase all books to be so provided.

SEC. 24. No town shall be entitled to the benefits of these provisions relative to free public libraries, until such town has accepted the provisions at a regularly called town meeting, and until the town shall have provided in a satisfactory manner to the board of commissioners for the care, custody, and distribution of the books furnished in accordance therewith.

SEC. 25. Any town accepting the provisions aforesaid shall annually appropriate for the use and maintenance of its free public library, a sum not less than fifty dollars if its last assessed valuation was one million dollars or upward, or a sum not less than twenty-five dollars if the valuation was less than one million and not less than two hundred and fifty thousand dollars, or a sum not less than fifteen dollars if the valuation was less than two hundred and fifty thousand dollars.

SEC. 26. The board of library commissioners shall receive no compensation, but shall be allowed such reasonable sum for clerical assistance and other necessary expenses, in the discharge of its duties, as the governor and council shall determine, not exceeding five hundred dollars in any one year; and all sums expended under the provisions of this act shall be paid from the State treasury after the bills therefor have been approved by the board and by the governor and council.

CHAPTER 14, SECTION 1. The secretary of state shall procure and furnish to each public library in this State and the Soldiers' Home one copy of each history of New Hampshire organizations in the war of the rebellion which is not out of print, and has been or may hereafter be published in accordance with the provisions of existing laws.

SEC. 2. This act shall be in aid only of such libraries as are regularly open for the use of the public in the towns and cities where they may be located and which are duly designated as public libraries, entitled to receive State publications by the

1Section 26 printed as amended by the legislature of 1893.

governor and council, in accordance with existing laws, on the first day of February next following the publication of such history.

SEC. 3. This act shall take effect upon its passage. [Approved March 12, 1891. Public Statutes of New Hampshire, 1891. Also annual report of board of library commissioners of New Hampshire for 1894, pp. 75-77.]

NEW JERSEY.

SCHOOL LIBRARIES.

192. The treasurer of the school fund, upon the order of the State superintendent of education, is hereby authorized and directed to pay over the sum of twenty dollars, out of the income of the school fund, to every public school for which there shall have been raised by subscription or entertainment a like sum for the same purpose, to establish in such school a school library and to procure philosophical and chemical apparatus; and the further sum of ten dollars annually, upon a like order, to the said public school, upon condition that there shall have been raised by subscription or entertainment a like sum for such year for the purposes aforesaid. 193. In all school districts where there are more than one schoolhouse, it shall be lawful to receive from the State treasury, as in said bill directed, the sum prescribed to be paid to each schoolhouse, and that such district shall have power to consolidate and establish a library in one place in said district as may be designated by the board of education or such power as has control of the public schools in said district.

194. The selection of books and apparatus shall be approved by the school trustees of such district.

195. The school trustees of each district shall make proper rules and regulations for the management, use, and safe-keeping of such libraries.

196. Whenever, in any county in this State, there shall have been raised by subscription a sum of money not less than one hundred dollars for the establishment of a library of pedagogical books for the use of the teachers of public schools in such county, the treasurer of the school fund, upon the order of the State superintendent of public instruction, is hereby authorized and directed to pay the sum of one hundred dollars, out of the income of the school fund, to the county superintendent of said county; and the further sum of fifty dollars annually thereafter, upon a like order, upon conditions that there shall have been raised by subscription a like sum for such year for the purpose aforesaid.

197. The county superintendent and three teachers of public schools in such county, appointed by him, shall constitute a committee for the selection of said books and the necessary apparatus and the making of rules and regulations for the management, use, and safe-keeping of such libraries.

198. The governor, the State comptroller, and the State superintendent of public instruction be and they are hereby authorized, upon its publication, to purchase and pay for, out of any funds not otherwise appropriated, as many copies of a political and legislative history of the State for the last twenty-five years, now being prepared by William Edgar Sackett, as they may deem proper for distribution among the public school libraries of this State. (School Laws of New Jersey, 1895.)

NEW YORK.

35. (Public and free libraries and museums.) All provisions of sections 35 to 51 shall apply equally to libraries and museums, and the word "library" shall be construed to include reference and circulating libraries and reading rooms.

36. (Establishment.) By majority vote at any election, any city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twentyfive taxpayers shall so petition, the question of providing library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action.

37. (Subsidies.) By similar vote money may be granted toward the support of libraries not owned by the public, but maintained for its welfare and free use: Provided, That such libraries shall be subject to the inspection of the regents and registered by them as maintaining a proper standard; that the regents shall certify what number of the books circulated are of such a character as to merit a grant of public money, and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume of the circulation thus certified by the regents.

(Taxes.) Taxes in addition to those otherwise authorized may be voted by any Ety named in section 36, and for any purpose specified in sections and 37, and

shall, unless otherwise directed by such vote, be considered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as directed, as are other general taxes; and all money received from taxes or other sources for such library shall be kept as a separate library fund, and expended only under direction of the library trustees on properly authenticated vouchers.

39. (Trustees.) Such libraries shall be managed by trustees, who shall have all the powers of trustees of other educational institutions of the university as defined in this act: Provided, Unless otherwise specified in the charter, that the number of trustees shall be five; that they shall be elected by the legal voters, except that in cities they shall be appointed by the mayor, with the consent of the common council, from citizens of recognized fitness for such position; that the first trustees determine by lot whose term of office shall expire each year, and that a new trustee shall be elected or appointed annually, to serve for five years.

40. (Incorporation.) Within one month after taking office the first board of trustees shall apply to the regents for a charter in accordance with the vote establishing the library.

41. (Reports.) Every library or museum which receives State aid or enjoys any exemption from taxation or other privilege not usually accorded to business corporations shall make the report required by 25 of this act, and such report shall relieve the institution from making any report now required by statute or charter to be made to the legislature, or to any department, court, or other authority of the State. These reports shall be summarized and transmitted to the legislature by the regents with the annual reports of the State library and State museum.

42. (Use.) Every library established under this act shall be forever free to the inhabitants of the locality which establishes it, subject always to rules of the library trustees, who shall have authority to exclude any person who wilfully violates such rules; and the trustees may, under such conditions as they think expedient, extend the privileges of the library to persons living outside such locality. 43. (Injuries to property.) Whoever intentionally injures, defaces, or destroys any property belonging to or deposited in any incorporated library, reading room, museum, or other educational institution, shall be punished by imprisonment in a State prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

41. (Detention.) Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library, reading room, museum, or other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution such article or other property may be kept, shall be punished by a fine of not less than one nor more than twenty-five dollars, or by imprisonment in the jail not exceeding six months, and the said notice shall bear on its face a copy of this section.

45. (Transfer of libraries.) Any corporation, association, school district, or combination of districts may, by legal vote duly approved by the regents, transfer the ownership and control of its library, with all its appurtenances, to any public library in the university, and thereafter said public library shall be entitled to receive any money, books, or other property from the State or other sources to which said corporation, association, or school district would have been entitled but for such transfer, and the trustees or body making the transfer shall thereafter be relieved of all responsibility pertaining to property thus transferred.

46. (Local neglect.) If the local authorities of any library supported wholly or in part by State money fail to provide for the safety and public usefulness of its books, the regents shall in writing notify the trustees of said library what is necessary to meet the State's requirements, and on such notice all its rights to further grants of money or books from the State shall be suspended until the regents certify that the requirements have been met; and if said trustees shall refuse or neglect to comply with such requirements within sixty days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from State money shall be under the full and direct control of the regents who, as shall seem best for public interests, may appoint new trustees to carry on the library, or may store it or distribute its books to other libraries.

17. (Loans of books from State.) Under such rules as the regents may prescribe, they may lend from the State library, duplicate department, or from books specially given or bought for this purpose, selections of books for a limited time to any public library in this State under visitation of the regents, or to any community not yet having established such library, but which has conformed to the conditions required for such loans.

48. (Advice and instruction from State library officers.) The trustees or librarian or any citizen interested in any public library in this State shall be entitled to ask from the officers of the State library any needed advice or instruction as to a library