chosen, the shareholders may proceed to choose, by ballot, seven directors, and to agree upon a name by which their library shall be known. The directors shall appoint one of their number to be president at their meetings, who shall have no other than a casting-vote.

3794. Statement. 4. A true statement of the proceedings of such meeting, including the amount subscribed and the number of subscribers present at their meeting, shall be sworn or affirmed to before some Justice of the Peace of the county, by the chairman or the clerk provided for by the second section of this Act [§ 3792], and filed in the Recorder's office; and it shall be the duty of such Justice to certify on such statement that it was sworn or affirmed to before him.

3795. To be recorded.

5. The Recorder of the county shall record the said statement in his book of record, when required.

3796. Powers. 6. After such statement shall be duly recorded, the president and directors, and their successors forever, shall be a body corporate and politic, to be known by such name as is registered in the Recorder's office. They shall be capable, in law and equity, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended, in any Court or Courts, or before any Judge or Judges, Justice or Justices, person or persons whatsoever, in all manner of suits, actions, plaints, pleas, causes, and demands whatever, in as effectual a manner as any other person or persons, body or bodies corporate or politic, may or can do.

3797. Banking forbidden. 7. Nothing contained in this Act shall be so construed as to authorize any library company incorporated in this State to issue notes or bills of credit payable to any person or persons or his or their order, or to bearer; nor to deal in any kind of bills of exchange, notes, or due bills whatever.

3798. Directors annually elected. 8. Except the first election of directors, the annual election forever thereafter shall be held on the first Monday in January; but if any annual election should be omitted, the directors shall remain in power until the next annual election, and until successors shall be chosen.

3799. By-laws. 9. Such library or libraries shall be governed and regulated by such by-laws as may, from time to time, be made by the president and directors of the same, not inconsistent with the Constitution and laws of this State, who shall have power to alter, amend, abolish, and renew any such by-law or by-laws at pleasure.

3800. Seal-Assessments - Officers.

10. The president and directors shall have power to make a common seal, and the same to alter, break, change, or renew at pleasure. They shall have power to levy a tax on the shareholders, provided such tax do not exceed one dollar on each share in any one year. Nothing, however, in this Act shall be so construed as to prevent a majority of two-thirds of the shareholders, attending at their annual meeting, from increasing such tax to any sum not exceeding five dollars on each share in any one year. They shall have power to appoint a treasurer and librarian, and the same to remove at pleasure.

3801. Quorum-Vacancies - Term. 11. A majority of the directors shall be necessary to form a quorum. They shall have power to fill vacancies that may happen in their own body. And the director or

directors by them elected shall serve until the next annual election thereafter, and until others are elected in their stead.

3802. Donations. 12. They shall have power to receive, by donation, any books, moneys, papers, lands, or any other thing or things; and such donation, or the income or the interest thereof, shall be applied to no other purpose than to the true interest and objects of the library on which it was bestowed, according to the true intent and meaning of this act.

[1895 S., p. 240. In force July 1, 1895.]

3802a. Libraries established by donations—maintenance of. In any township in which there has been, or may hereafter be established by private donations, a library of the value of twenty-five thousand dollars or more including the real estate and buildings used for said library for the use and benefit of all the inhabitants thereof, the township trustee of such township shall annually levy and collect not more than six cents on the hundred dollars, upon the taxable property within the limits of such township, which shall be paid to the trustees of such library, and be applied by them to the purchase of books for said library and to the cost of the maintenance thereof, and said trustee may with the consent of the board of commissioners of the county, when it shall become necessary to purchase additional ground for the extension or protection of library buildings already established by such private donation, annually levy and collect not more than five cents on the hundred dollars upon all taxable property of said township for not more than three years successively, which shall be expended by said trustees in the purchase of said property, and the erection, and enlargement of library building thereon.

3802b. Libraries, private and township. 1. That in any township in this State in which there has been or may hereafter be established by private donations a library of the value of one thousand dollars, or more, for the use and benefit of all the inhabitants thereof, the Board of Commissioners of the county in which such township is situated, may, upon due proof thereof, by proper order entered upon its records, abolish the office of Township Librarian and require and order that the township library in the hands of the Township Trustee, or the Librarian thereof (including all the books, papers, records, furniture and paraphernalia pertaining thereto), be turned over and transferred to the Trustees or other managing officers of such library established as aforesaid.

3802c. Revert to township. 2. That in the event said library association so established or to be established, shall from any cause cease to exist, or to perform its duties to the inhabitants of such township, then all its property of every kind shall be turned over to and become the property of such township. 3802d. Library associations legalized. 3. All library associations of this State which purport to have been organized and established pursuant to the provisions of the laws of this State, for the use and benefit of all the inhabitants of any township in this State, and to which private donations to the amount of one thousand dollars, or more, have been subscribed, are hereby legalized, made valid and declared to be legal library corporations within the purview of this act, and all records, proceedings, subscriptions to and acts of the said library associations are hereby ratified, legalized and made valid.

[1873 S., p. 176. In force March 8, 1873.]

3803. Stock as prizes. 8. The Common Council of such city shall

have the power, in their discretion, to cause the distribution and transfer of shares of stock held by the city, as prizes to the children of the public schools in the city for good behavior and scholarship.

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3804. Dissolution City to manage. 9. Upon the dissolution or forfeiture of the franchises of such library association in which any city may have purchased stock, and is, at the time of such dissolution or forfeiture, the holder of one-third of the shares of the whole stock, the property of such association shall become the property of the city, for the free use and enjoyment of the inhabitants of such city, under regulations to be prescribed by the Common Council; and the Common Council shall thereafter control such library, and shall have power to increase the same, and levy and apply the tax provided for in section seven of this act. [§ 3815], to the increase and expenses of such library.

[1885 S., p. 9. In force February 18, 1885.]

3805. Tax. 1. In any township in which there has been, or may hereafter be established, by private donations, a library of the value of one thousand dollars or more, for the use and benefit of all the inhabitants thereof, the Township Trustee of such township shall annually levy and collect not more than one per cent on the one hundred dollars upon the taxable property within the limits of such township, which shall be paid to the trustees of such library, and be applied by them to the purchase of books for said library, and may, with the consent of the Board of Commissioners of the county, when it shall become necessary to erect or enlarge a library building, annually for such period as may be necessary, levy and collect not more than five cents on the one hundred dollars upon the taxable property of said township, for not more than three years successively, which shall be expended by such trustees in the erection or enlargement of a library building.

[1883 S., p. 200. In force March 8, 1883.]

3805a. Library tax Limitation thereof When library becomes town property. 1. Whenever any library or library and reading-room combined, established under an act, entitled "An act to establish public libraries," approved February 16, 1852, and the acts supplementary thereto and amendatory thereof, shall be located within the corporate limits of any incorporated town of this State, the president and board of directors of such library may file a written request and agreement, duly signed by them, or a majority of them, with the board of trustees of such town, agreeing therein to keep and maintain such library, or library and reading room, open and free to the use and benefit of all the inhabitants of such town, and requesting the board of trustees of such town to levy a tax upon the taxable property of such town, to be applied in the purchase of reading matter for such library. If, in the judgment of the board of trustees of such town, the books and other reading matter of such library is worth, at the time of filing such agreement and request, the sum of seven hundred and fifty dollars or more, they may annually levy a tax upon all the taxable property of said town of not less than one-fourth nor more than three-fourths of one mill upon the dollar, to be collected as other taxes of such town are collected. Such tax, when collected, shall be paid over to the president and directors of such library, and shall be by them expended for the purpose of purchasing reading matter for such library, and for no other purpose; and they shall keep such tax separate from all other funds, and, in a proper book kept by them, shall show the amount of tax received, to whom and when paid out, the amount, and upon what purchase. From the time of the first receipt of any tax under this act, and so long thereafter as the trustees of such town shall annually levy and collect, or cause to be collected and paid over, a tax under the provisions of this act for the

purpose aforesaid, it shall be the duty of the president and directors of such library to keep the same open and free to the use and benefit of all the inhabitants of such town, subject only to such reasonable and proper restrictions as they, the president and board of directors, may impose for the preservation and usefulness of the same. But if the trustees of such town shall during any year fail or refuse to levy and collect a tax for the purpose aforesaid, under the provisions of this act, then the president and directors of such library shall not be longer required to keep the same open for the use and benefit of the inhabitants of such town, and the books purchased with the proceeds of such tax shall be the property of such library association, the same as if derived from any other source, after the receipt of any tax under the provisions of this act, and so long as the trustees of any such town shall annually levy and collect a tax or cause the same to be collected and paid over for the purpose aforesaid. If the president and board of directors of any such library shall fail or refuse to keep the same open and free to the use of all the inhabitants of such town, subject to the restrictions aforesaid, then all the property of such library association, real estate excepted, shall become the property of such town, and be subject to the control and directions of the trustees thereof, and they may then levy and collect the tax provided for in this act, to be expended as well in keeping and maintaining such library as supplying reading matter therefor.

3805b. Tax limitation.

2. The trustees of any town shall have no authority by virtue of this act to levy and collect a tax for more than one library association in any one year.

[1885 S., p. 120. In force April 2, 1885.]

3805c. Town becoming city. 1. Whenever the board of directors of a library heretofore situate within the limits of any incorporated town may have filed the agreement and request with the Board of Trustees of said town, provided for in an act entitled "An act supplementary to an act entitled an act to establish public libraries," approved February 16, 1852, approved March 8, 1883, and the Board of Trustees of such town may have levied a tax for the support of such library in pursuance of such request and agreement, and in accordance with said act, and such town may afterward have become incorporated as a city, the Common Council of such city shall have all the powers to levy tax, and do all other things granted by said act above named to Trustees of towns, and all the provisions of said act applicable to such library and its relations to the town before its incorporation as a city shall, after such incorporation, be applicable to such library and its relations to such city.

[1899 S., p. 134. Approved February 24, 1899.]

3805d. Public library commission. 1. That there is hereby created a Public Library Commission, which shall be composed of three members, appointed by the Governor, who shall serve without compensation except as herein provided, each for the term of four years, except that one of the members first so appointed by the Governor shall be appointed for a term of two years only, and one for one year. The State Librarian shall be ex officio Secretary of said Commission.

3805e. Traveling libraries, management. 2. Said Public Library Commission shall have the control and management of the traveling libraries hereinafter provided for, shall purchase the books and collection of books therefor and equipment for the same; shall adopt rules and regulations for loaning such books and collection of books to library associations and to the persons entitled to borrow the same, and shall provide for and require such security or guaranty for the safe return of such books or collection of books as may be deemed advisable; shall prepare lists of books suitable for public libraries and obtain prices for the same and furnish such lists whenever required; shall furnish information or advice as to the organization, maintenance or administration of any library in the State whenever requested so to do by the librarian or trustees. The Public Library Commission shall keep a complete record of library associations and other organizations and persons entitled to borrow books of such traveling libraries and of transactions therewith, and he shall include in his biennial report a summary of the facts of public interest and value in relation thereto.

3805f. Appropriation. 3. There is hereby appropriated out of any funds in the treasury not otherwise specifically appropriated the sum of three thousand dollars ($3,000) for the purchase of books and collections of books and the equipment for traveling libraries. The books so purchased shall be in the care of the State Librarian, but shall be kept separate from the other books of the State Library. The books so purchased shall be divided into sets or libraries of said commission and loaned to library associations and other organizations and persons as herein provided.

3805g. Organization. 4. Any five or more citizens may organize a library association, which on furnishing security satisfactory to