the same form, and that such single petition has, or such several petitions in the aggregate have, the signatures of the requisite number of electors.

Sec. 3. Such public library shall be managed by a board designated as the board of library trustees, consisting of five members, to be appointed by the mayor, president of the board of trustees or other executive head of the munici pality, by and with the consent of the legislative body of said municipality. Such trustees shall severally hold office for three years, serving without compensation; provided, that the members of the first board appointed shall so classify themselves by lot that one of their number shall go out of office at the end of the current fiscal year, two at the end of one year thereafter, and the other two at the end of two years thereafter. Men and women shall be equally eligible to such appointment, and vacancies shall be filled by appointment for the unexpired term in the

same manner.

Sec. 4. Boards of library trustees shall meet at least once a month at such times and places as they may fix by resolution. Special meetings may be called at any time by three trustees, by written notice served upon each member at least three hours before the time specified for the proposed meeting. A majority of the board shall constitute a quorum for the transaction of business. Such boards shall appoint one of their number president, who shall serve for one year and until his successor is appointed, and in his absence shall select a president pro tem. Such boards shall cause a proper record of their proceedings to be kept.

Sec. 5. Boards of library trustees shall have power: First-To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of the libraries under their management, and all property belonging thereto.

Second-To administer any trust declared or created for such libraries, and receive by gift, devise, or bequest and hold in trust or otherwise, property situated in this state or elsewhere, and where not otherwise provided; dispose of the same for the benefit of such libraries.

Third-To prescribe the duties and powers of the li brarian, secretary and other officers and employces of any such libraries; to determine the number of and appoint

all such officers and employees, and fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said boards.

Fourth-To purchase necessary books, journals, publications and other personal property.

Fifth-To purchase such real property, and erect or rent and equip, such building or buildings, room or rooms, as may be necessary, when in their judgment a suitable building, or portion thereof, has not been provided by the legislative body of the municipality for such libraries.

Sixth-To require the secretary of state and other state officials to furnish such libraries with copies of any and all reports, laws and other publications of the state not otherwise disposed of by law.

Seventh-To borrow books from, lend books to and exchange the same with other libraries, and to allow nonresidents to borrow books upon such conditions as they may prescribe.

Eighth-To do and perform any and all other acts and things necessary or proper to carry out the provisions of this act.

Sec. 6. Boards of library trustees shall, on or before the last day of July in each year, make a report to the legislative body of their municipality, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and forward a copy thereof to the state library at Sacramento.

Sec. 7. The legislative body of any municipality in which a public library has been established in accordance with this act, shall in making the annual tax levy and as part thereof, if the maintenance of the library has not been otherwise provided for, levy a tax for the purpose of maintaining such library and purchasing property necessary therefor, which tax shall be in addition to other taxes, the levy of which is permitted in the municipality; provided, that after two years from the passage of this act as to existing libraries and after two years from the establishment of new libraries thereunder, where a maintenance corresponding thereto has not been otherwise provided, in municipalities of the first, second and third classes, such tax levy shall not exceed one mill on the dollar of assessed valuation, and in municipalities of the fourth, fifth, and

sixth classes such levy shall not exceed two mills on the dollar of assessed valuation.

Sec. 8. The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the library, shall be apportioned to a fund to be designated the library fund, and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, [or] bequest, the board shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise or bequest. Payments from said fund shall be made in the manner provided for the payment of other demands against the municipality; provided, that demands upon said fund shall be presented to the board of library trustees for allowance rather than to the legislative or other body of the municipality.

Sec. 9. Every library established under this act shall be forever free to the inhabitants and non-resident taxpayers of the municipality, subject always to such rules, regulations and by-laws as may be made by boards of library trustees; and provided, that for violations of the same a person may be fined or excluded from the privileges of the library.

Sec. 10. Boards of library trustees and the legislative bodies of neighboring municipalities or boards of supervisors of the counties in which public libraries are situated, may contract for lending the books of such libraries to residents of such counties or neighboring municipalities, upon a reasonable compensation to be paid by such counties or neighboring municipalities.

Sec. 11. The title to all property acquired for the purposes of such libraries, when not inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the municipalities in which such libraries are, or are to be, situated, and in the name of the municipal corporations may be sued for and defended by action at law or otherwise.

Sec. 12. An act entitled "An act to establish free public libraries and reading rooms," approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, that as to existing libraries this act is to be deemed a

continuation thereof, and such libraries shall be governed hereby accordingly; provided, however, that this act shall have no application to any library established or governed by the provisions of a city charter, and the provisions of any city charter shall in no manner be affected by this act.

Sec. 13. Any ordinance establishing a library adopted under the provisions of section one of this act may be repealed by the body which adopted the same upon being requested to do so by one fourth of the electors of such municipal corporations, in the manner provided in section two of this act, and upon the repeal of such ordinance such library shall be disestablished in such municipal corporation.

Sec. 14. This act shall take effect immediately.

Fresno, town of, and Merced, city, protection against fire. [Stats. 1877-8, p. 214.]

Superseded as to that city by the charter of Fresno, 1901, 833. ACT 1253.

Preventing certain animals and fowls from running at large within the limits of Fresno City. [Stats. 1875-6, p. 57.] Repealed 1897, 198.

County seat, locating. [Stats. 1873-4, p. 913.]

ACT 1259.

County auditor and county recorder, separation of offices of, and regulation of official salaries in. [Stats. 1875-6, p. 151.]

Amended 1875-6, 363; 1877-8, 104. Repealed by County Government Acts, 1897, 535, sec. 182.

ACT 1260.

Funds for improvement of court-house and county hospital grounds. [Stats. 1877-8, p. 174.]

Gen. Laws-19

АСТ 1261.

Authorizing transfer of funds. [Stats. 1875-6, p. 249.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463.

ACT 1262.

To reduce the number of judges of the superior court of from three to two. [Stats. 1895, p. 156.]

АСТ 1263.

To increase the number of sunerior judges of. [Stats. 1887, p. 57.]

АСТ 1264.

For the appointment of an additional judge for. [Stats. 1893, p. 125.]

АСТ 1265.

To provide for the maintenance and construction of roads in. [Stats, 1877-8, p. 859.]

Repealed 1883, 5, chap. X, sec. 2.

ACT 1266.

Issuance of bonds for the construction of certain roads and bridges. [Stats. 1877-8, p. 395.]

ACT 1267.

To repeal all special laws in and to apply the provisions of the Political Code relating to roads and highways. [Stats. 1873-4, p. 342.]

ACT 1268.

Promoting sanitary conditions in towns and villages. [Stats. 1877-8, p. 383.]

See subd. 20, sec. 25, County Government Act, 1897, 464.

ACT 1269.

Tax collectors of, bonds of. [Stats. 1875-6, p. 16.] Repealed by County Government Act, 1897, 475, sec. 66. ACT 1270.

P

Treasurer of, salary of. [Stats. 1873-4, p. 236.]

Amended 1877-8, 255. Repealed by County Government Act, 1897, 452.

ACT 1271.

Creating board of water commissioners for. [Stats. 1865-6, p. 777.]

Amended 1875-6, 547.