z 077 i,4 1313 LoL U.C BERKELEY UBRARY UC-NRLF B 3 T3T l?fi EXCHANGE m«Y 7 1917 GENERAL LIBRARY LEGISLATION I MASSACHUSETTS 1798-1913 *NGE SCHOOL- MEMBERS OF THE FREE PUBLIC LIBRARY COMMIS- SION OF MASSACHUSETTS CHARLES F. D. BELDEN, Chairman, Cambridge Miss ELIZABETH P. SOHIER, Bevehly . HILLER C. WELLMAN, Springfield Miss ANNA M. BANCROFT, Hopedale . FRANK H. HOWES, Newton .... Term expire 1915 1917 1914 1914 1913 COMMISSION STAFF Miss ZAIDEE BROWN, Agent . . . State Library, Boston Miss E. LOUISE JONES, Office Secretary State Library, Boston OFFICE The office of the Free Public Library Commission is in the State Library of Massachusetts, State House, Boston. Approved by The State Board of Publication. GENERAL LIBRARY LEGISLATION OF MASSACHUSETTS; : '"(] In order to show the evolution of libraries in Massachusetts as it can be traced in the laws from time to time enacted, a col- lection of such general legislation as relates to the formation and management of social, law, school district and free public libraries has been arranged in chronological order. 179S An Act to enable the proprietors of social libraries to manage THE SAME. [Laws of 1798, chapter 45; repealed by the Act of March 8, 1806.] Section 1. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, That any seven or more persons capable of contracting, in any towns or districts in this Commonwealth, who have or shall become Proprietors in common of any Library, may form themselves into a Society or Body Politic for the express purposes of holding, increasing, preserving, and using such Library and to that end any five or more of them, may apply in writing by them signed, to any Justice of the Peace, within the county wherein the same town or district may be, stating the purposes of their meeting, and requesting him to issue his warrant for calling a meeting of the said proprietors, which Justice may grant his warrant to some one of them, directing him to call a meeting of the said proprietors, at the time and place, and for the purposes in such warrant expressed; which proprietors shall notify such meeting by posting up the substance of said warrant in some public place in the said town or district where the said Library shall be kept, seven days at least before the time of said meeting. Sect. 2. Be it further enacted, That any seven or more of the pro- prietors of such Library, met in pursuance of such notice, shall have power to choose a Moderator, Clerk, Librarian, Collector, Treasurer and 6 66 3 other necessary officers and committees; which clerk shall be sworn to the faithful and impartial performance of his duties; and the said proprietors when so incorporated, shall have j)Ower to raise such monies by assessments on the several shares in such Library as they may judge necessary for preserving and increasing the same, and for the management [of] the affairs of the corporation; to make by-laws for the due regulation of its concerns, not repugnant to the Constitution and Lavvs of this Commonwealth, and to annex and recover penalties for any breach of such by-laws, not exceeding three dollars for any one bi'ca.'h thereof. Sect. 3. Be it further enacted, That the proprietors of any such Library, so incorporated, shall be called and known by the name of the Proprietors of the Social Library, in the town of , and by that name shall sue and be sued, prosecute and defend, plead and be im- pleaded in all actions and processes in law; and when there shall be more than one, such Library, in any town or district, the proprietors thereof shall be known and called by the name of " The Proprietors of the second, third, fourth, etc. (as the case may be) Social Library in the town of ". Sect 4. And be it further enacted, That when any such meeting shall be dissolved, the proprietors may again incorporate themselves and proceed in all respects as aforesaid; and in any meetings of such pro- prietors, there shall be allowed one vote for each share. And the pro- prietors of any such Library, shall have power to hold to them, their successors and assigns, real or personal estate, to the amount of five hundred dollars over and above the value of their books, and shall have power at any regular meeting, to fix the mode and manner of calling future meetings. [Passed March 3, 1798. 1806 An Act to enable the proprietors of social libraries to manage THE SAME. [Passed March 8, 1S06; repealed by Revised Statutes, chapter 146.] Section 1. Be it enacted by the Senate and House of Representa- tives, in General Court assembled, and by the authority of the same, That any seven or more persons, capable of contracting, in any town or district in this Commonwealth, who shall become proprietors in common of any library, may form themselves into a society or body politic, for the express purposes of holding, increasing, preserving and using such library; and to that end, any five or more of them, may by an application in writing, by them signed, to any Justice of the Peace, within the same county wherein the said town or district may be, stating the purposes of their meeting, and requesting him to issue his warrant for calling a meeting of the said proprietors; and the said Justice may grant his warrant to one of them, directing him to call a meeting of the said proprietors, at the time and place, and for the purposes ex- pressed in such warrant; and said meeting shall be called by posting up the purport of said warrant in some public place in the said town or district, where the said library shall be kept, seven days, at least, before the time of said meeting : And the proprietors being thus met and organized, they may then agree and determine upon a method of calling future meetings : And in all cases, votes shall be determined by counting and allowing one vote to each share: And the proprietors of any such library, shall have power to possess and hold, to them, their successors and assigns, real or personal estate, to any amount, not exceeding five thousand dollars, over and above the value of their books. Sect. 2. Be it further enacted, That any seven or more of the pro- prietors of such library, met in pursuance of such notice, shall have power to choose a moderator, clerk, librarian, collector, treasurer, and such other officers as they may find necessary: And the clerk shall be sworn to the faithful performance of his duties; and the treasurer shall give bond, with sufficient surety or sureties, faithfully to account for all monies he may receive by virtue of this act: And the said proprietors, when so incorporated and organized, shall have power to raise monies by assessments on the several shares in such library, as they may judge necessary for preserving and increasing the same ; to make bye-laws for the due regulation of the concerns of the said corporation, not repug- nant to the constitution and laws of this Commonwealth, and to annex and recover penalties for any breach of such bye-laws, not exceeding three dollars for any one breach thereof. Sect. 3. Be it further enacted, That the proprietors of any such library, so incorporated, shall be called and known by the name of the proprietors of the Social Library in the town of , and by that name shall sue and be sued, prosecute and defend, plead and be im- pleaded, in all actions and processes in law; and when there shall be more than one such library in any town or district, the proprietors thereof shall be known and called by the name of the proprietors of the second, third, fourth, etc., (as the case may be), Social Library, in the town of . Sect. 4. Be it further enacted, That an act passed the third clay of March, in the year of our Lord, one thousand seven hundred and ninety- eight, entitled, " an act to enable the proprietors of social libraries to manage the same," be, and hereby is repealed: Provided, nevertheless, that with regard to all suits and causes of suits, and all rights existing under, and by force of said act, it shall be considered as in full force. 1815 An Act authorizing the establishment of law libraries. [Laws of 1815, chapter 177.] Section 1. Be it enacted by the Senate and House of Representa- tives in General Court assembled, and by the authority of the same, That in every county within this Commonwealth, wherein there shall reside five or more attorneys at law regularly admitted and swom to practice before the Circuit Court of Common Pleas, it shall be lawful for any five or more of them to make application in writing to any Justice of the Peace within and for. said county, requesting him to issue his warrant for calling a meeting of the practitioners at law witbin the same county to meet at some certain time and place for the purpose of organizing the establishment of a Law Library; and such Justice shall thereupon issue a warrant under his hand and seal, directed to some practitioner at law residing within the shire town of said county, requiring him to notify the other members of the bar residing therein, either personally or by written notification posted up at some conspicu- ous place in the Court-House in said county, at least seven days before the time of meeting as mentioned in said warrant, which meeting shall be holden, at the next succeeding term of the Circuit Court of Common Pleas in said county on some day subsequent to the second day from the commencement of its session ; and the person to whom such warrant is directed shall serve the same in manner as aforesaid, and make return thereof under his hand to the Justice who issued the same, or to some other Justice of the Peace within and for said county, whose duty it shall be to preside at said meeting in the choice of a clerk, a treasurer and librarian, each of whom shall thereupon be sworn by the presiding officer, to the faithful discharge of their respective duties, and to hold their offices during the pleasure of the association; and the said mem- bers of the bar so notified and met, to the number of five or more, shall at their first meeting prescribe the mode of calling future meetings of said association, and establish such rules and regulations as may be found necessary from time to time, to carry the purposes of this act into effect, not repugnant to the constitution and laws of this Com- monwealth; and at all future meetings the oldest member of the bar residing within said county, who is present, shall preside. Sect. 2. Be it further enacted, That the sum of twenty dollars, which by law is now paid into the county treasury, on the admission of all practitioners at the bar of the Circuit Court of Common Pleas, shall hereafter be paid to the treasurer of every law library association in any county in this Commonwealth that shall be formed in pursuance of this act, which treasurer shall give his receipt therefor to the person paying the same, which sum so paid, as duty or excise as aforesaid, together with all bequests and donations made thereto, shall be applied, under the direction of said association, to form a law library, for the use of said county, under such reasonable regulations as the said association may appoint. And the clerk of said association shall keep an exact record of all the proceedings thereof, and the said treasurer shall keep an exact account of all monies, donations, and bequests belonging to said association, which account he shall be holden annually to settle under oath with the association, in such manner as they shall prescribe; and the librarian, as well as the treasurer and clerk, shall be answerable in an action of the case for all malfeasance or misfeasance in their re- spective offices to the association aforesaid, by the name of " The Law Librarj' Association," for the county within which it is formed : Pro- vided, however, that the Law Library aforesaid shall be kept in a shire town within the county. Sect. 3. Be it further enacted, That the act passed on the twenty- seventh day of February, in the year of our Lord one thousand seven hundred and ninety-six, so far as it relates to the payment of twenty dollars into the county treasury by persons admitted to practice law before the Circuit Courts of Common Pleas, as it relates to the counties in this Commonwealth, in which law library associations are, or shall be formed, in pursuance of this act, and as to the receipt to be given by the county treasurer therefor, be, and the same is hereby repealed. [Approved by the Governor, March 2, 1815. 1823 An Act respecting law libraries. .[Laws of 1823, chapter 51.] Be it enacted by the Senate and Mouse of Representatives, in Gen- eral Court assembled, and by the authority of the same, That the excise paid by Attorneys, on their admission to the Supreme Judicial Court, shall hereafter be paid and appropriated in the same way and manner as the excise now paid by Attorneys on their admission to the Court of Common Pleas is paid and appropriated, any law to the contrary notwithstanding. [Approved by the Governor, Jan. 30, 1823. 1825 An Act in addition to an act entitled, " An Act in addition to an act entitled, an act to enable the proprietors op social libraries to manage the same." [Laws of 1825, chapter 65; repealed by Revised Statutes, chapter 146.] Section 1. Be it enacted by the Senate and House of Representa- tives in General Court assembled, and by the authority of the same, That any seven settled and ordained Ministers of the Gospel, within this Commonwealth, who shall become proprietors in common of any Theological Library, may form themselves into a society or body politic, 8 by the name of the Theological Society in the town of , for the express purpose of holding, increasing, preserving and using such Library: and shall have all the powers and privileges, and be subject to all the duties and requirements contained in an Act passed the eighth day of March, in the year of our Lord, one thousand eight hundred and six, entitled " an Act to enable the proprietors of Social Libraries to manage the same; " and to this end, any five of them may make application to any Justice of the Peace within the county in which the library is to be kept, stating the purposes of their meeting, and requesting him to call a meeting of said proprietors; and the said Justice may thereupon grant his warrant to any one of them, directing him to call such meeting accordingly. And said meeting shall be called by posting up the purport of said warrant in such public places in said county as said Justice shall order, and the proprietors, thus met and organized, may then agree upon the method of calling future meetings. [Approved by Lieut. -Governor, Feb. 12, 1825. 1829 An Act in further addition to an act entitled, " An Act to enable proprietors of social libraries to manage the same." [Laws of 1829, chapter 138.] Section 1. Be it enacted by the Senate and House of Representa- tives in General Court assembled, and by the authority of the same, That any twenty or more persons in any town or county within this Commonwealth, who shall, by writing, associate themselves for the pur- pose of mutual improvement and for raising the standard of common education, may become a body politic, by the name of the Lyceum of the town of , or the county of , (as the case may be), by observ- ing and pursuing the provisions of the Act to which this is in addition, in regard to forming Proprietors of Libraries into bodies politic, and being so formed shall be entitled to all the powers and capabilities to which the Proprietors of said Libraries are entitled by that Act; and such Lyceum shall have the further power to possess and hold to them, their successors, and assigns, real and personal estate not exceeding ten thousand dollars. Sect. 2. Be it further enacted, That this Act may be altered or re- pealed, at the pleasure of the Legislature. [ Approved by the Governor, March 4, 1829. 1836 Social libraries. [Revised Statutes, 1836, chapter 41.] Section 1. Any seven or more proprietors of a library may form themselves into a corporation, under such corporate name as they shall adopt, for the purpose of preserving, enlarging, and using such library ; 9 and for that purpose, any justice of the peace may, on the application of five or more of such proprietors, issue his warrant to one of them, directing him to call a meeting of the proprietors, at the time and place and for the purposes expressed in the warrant; and said meeting shall be called, by posting up the substance of the warrant in some public place, in the town where the said library is kept, seven days at least before the time of the meeting. Sect. 2. Any seven or more of the proprietors of such library, met in pursuance of such notice, may choose a president, a clerk, who shall be sworn to the faithful discharge of his duty, a librarian, collector, treasurer, and such other officers as they may find necessary; and they may also determine upon the mode of calling future meetings. Sect. 3. When such proprietors shall be organized as a corporation, in the manner before provided, they shall have all the powers and privileges, and be subject to all the duties and liabilities, of a corpora- tion organized according to the provisions of the forty-fourth chapter, so far as the said provisions shall be applicable in such case, and not inconsistent with this chapter. Sect. 4. The treasurer shall give bond, with sufficient sureties, to the satisfaction of the proprietors, for the faithful discharge of his duties. Sect. 5. The said proprietors may raise such money, by assessments on the several shares, as they shall judge necessary for the purposes of preserving, enlarging and using the library; and the shares may be transferred according to the provisions of the f orty-f ourtb chapter. Sect. 6. The said proprietors may hold real and personal estate, to any amount not exceeding five thousand dollars, in addition to the value of their books. 1837 An Act authorizing school districts to establish libraries for the use op common schools. [Acts of 1837, chapter 147; repealed by Acts of 1849, chapter 81.] Be it enacted, etc., as follows: Section 1. Each legally constituted school district in this Common- wealth, is hereby authorized to raise money for the purpose of estab- lishing and maintaining a common school library and apparatus for the use of the children therein, under such rules and regulations as said district may adopt: provided, that no greater sum than thirty dollars the first year, or ten dollars in any subsequent year, shall be expended for the purpose aforesaid. Sect. 2. Any sum of money, raised by virtue of this act at a meeting called for the purpose, shall be assessed, collected and paid over as other school district taxes are. [Approved by the Governor, April 12, 1837. 10 1842 An Act in relation to law library associations. [Acts of 1842, chapter 94.] Be it enacted, etc., as follows: Section 1. The councillors and attorneys at law, duly admitted to practice in the courts of this Commonwealth, resident in the several counties thereof, except Suffolk, are hereby constituted colorations within their respective counties, for the purpose of holding and manag- ing the law libraries belonging to said counties, by the name of the Law Library Association for the county in which it is formed, and may adopt by-laws for that purpose: provided, the same shall be approved by the justices of the court of common pleas; and the officers of such associations shall be a clerk, treasurer and librarian, whose duties shall be defined by the by-laws, which shall be adopted and approved as aforesaid. Sect. 2. The clerks of the several courts shall, within sixty days after this law shall take effect, call and notify the first meeting of the corporations in their respective counties, by posting up notifications thereof in some conspicuous place in the court-house of such county, to be held during the term of the court of common pleas, which shall be held next after ten days from the time of posting up such notification, at which meetings said clerks shall preside until a clerk of such asso- ciation shall be chosen: provided, that any inhabitant of the county shall have the right to use the books in said library, subject to such regulations as shall be prescribed by the associations, with the approval of the court of common pleas. Sect. 3. This act may be altered, amended or repealed by any future legislature of this Commonwealth. [Approved by the Governor, March 3, 1842. Resolve concerning school district libraries. [Resolves of 1842, chapter 74; amended by Resolves of 1844, chapter 63; repealed by Resolves of 1850, chapter 99.] Resolved, That the sum of fifteen dollars, to be taken from the school funds, be, and the same is hereby appropriated to every school district in the Commonwealth, to be expended in books for a school district library; and that the treasurer pay said sum for said purpose to the order of the mayor of every city and the selectmen of every town, for each and every school district within the same which shall have produced evidence of having raised and appropriated fifteen dollars or more for the same object. [Approved by the Governor, March S, 1842. 11 1843 Resolves in addition to a resolve concerning school district libraries. [Resolves of 1843, chapter 6; amended by Resolves of 1844, chapter 63.] Resolved, That the provisions of the Resolve of March third, eighteen hundred and forty-two, concerning school district libraries, be, and the same are hereby extended to every city and town in the Common- wealth, not heretofore divided into school districts, in such manner as to give as many times fifteen dollars to every such city or town as the number sixty is contained, exclusive of fractions, in the number of children between the ages of four and sixteen years in said city or town ; provided, evidence be produced to the treasurer, in behalf of said city or town, of its having raised and appropriated, for the establishment of libraries, a sum equal to that which, by the provision of this Resolve, it is entitled to receive from the school fund. Resolved, That the treasurer be instructed, under the advice and di- rection of the Governor and Council, to make sales, from time to time, of notes of hand, bank stock, and other securities belonging to the school fund, to such amount as shall enable him to comply with the provisions of the above Resolve, and with those of the Resolve of March third, eighteen hundred and forty-two, concerning school district li- braries. [Approved by the Governor, March 7 , 1843. 1844 An Act in addition to " An Act in relation to law library asso- ciations." [Acts of 1844, chapter 157.] Be it enacted, etc., as follows: Section 1. The counsellors and attorneys-at-law, duly admitted to practice in the courts of this Commonwealth, resident in either of the counties, who have omitted to organize a Law Library Association in their respective counties, within the time, and pursuant to the provisions of the act to which this is in addition, are hereby authorized to organize themselves in their counties respectively, into an association by the name of the Law Library Association, for such county, under the like provisions, and with the same rights, powers and duties, as if the said association had been organized within the time prescribed by the act to which this is in addition, passed the third day of March, in the year one thousand eight hundred and forty-two : and said association, when so organized, shall be deemed and taken to be a corporation, and entitled to all the privileges and subject to all the provisions applicable to Law Library Assciations, created under and pursuant to the act aforesaid: provided, however, this act shall have no effect upon any 12 association which shall not become organized within ninety days from the passing hereof. Sect. 2. This act shall take effect from and after its passage. [Ap- proved by the Governor, March 16, 1844. Resolve concerning school libraries. [Resolves of 1844, chapter 63.] Resolved, That the provisions of the resolve of March the third, in the year one thousand eight hundred and forty-two, and the resolve of March the seventh, in the year one thousand eight hundred and forty- three, be, and the same are hereby extended to every school district of every town in the Commonwealth. [Approved by the Governor, March 11, 1844. 1845 Resolves in addition to the resolves concerning school district libraries. [Resolves of 1845, chapter 113.] Resolved, That the provisions of the resolve of March third, one thousand eight hundred and forty-two, be extended to the Latin School, English High School, and Grammar and Writing Schools of the city of Boston, in such manner as to give as many times fifteen dollars towards a purchase of a library, or libraries for said schools, as the number sixty is contained, exclusive of fractions, in the number of children belonging to said schools between the ages of seven and sixteen years, said number to be estimated by the mayor of said city: provided, the said mayor shall certify, to the treasurer of the Commonwealth, that an equal sum of money has been raised and appropriated, subsequent to the first day of January, in the year one thousand eight hundred and forty-five, for the same purpose. Resolved, That the provisions of the preceding resolve, and of the resolves to which it is in addition, be extended to the primary and in- termediate schools of the city of Boston, in such manner as to give as many times fifteen dollars for the purchase of a library, or libraries, for said schools, as the number sixty is contained, exclusive of fractions, in the number of children belonging to said schools between the ages of four and seven years, said number to be estimated as in the preceding resolve is provided, when it shall be made to appear to the treasurer of the Commonwealth, by a certificate of the mayor of said city, that an equal sum has been raised and appropriated, subsequent to the first day of January, in the year one thousand eight hundred and forty-five, for the same purpose. Resolved, That the apportionment, or distribution of the books, pur- chased as above provided for, shall be determined by the school com- mittee of the city of Boston. Resolved, That these resolves shall take effect from and after their passage. [Approved by the Governor, March 25, 1845. 13 1S19 An Act relating to school libraries and school apparatus. [Acts of 1849, chapter 81.] Be it enacted, etc., as follows: Section 1. The inhabitants of any school district, in any* city or town, and of any city or town not divided into school districts, in this Com- monwealth, may, at any meeting called for that purpose, raise money for the purchase of libraries, and necessary school apparatus, in the same manner as school districts may now raise money for erecting and re- pairing school houses in their respective districts. Sect. 2. The one hundred and forty-seventh chapter of the statutes jDassed in the year one thousand eight hundred and thirty-seven, is hereby repealed. [Approved by the Governor, April 5, 1849. 1850 Eepeal op state appropriation for school district libraries. [Resoh es of 1850, chapter 99.] Resolved, So much of the resolve of the third of March, eighteen hundred and forty-two, as apj)ropriated to every school district in the Commonwealth fifteen dollars, " to be expended for books for a school district library," is hereby repealed. This resolve was to take effect Aug. 1, 1850. [Approved by the Governor, May 2, 1850. 1851 An Act to authorize cities and towns to establish and maintain public libraries. [Acts of 1851, chapter 305; amended by Acts of 1859, chapter 25.] Be it enacted, etc., as follows: Section 1. Any city or town of this Commonwealth is hereby au- thorized to establish and maintain a public library within the same, with or without branches, for the use of the inhabitants thereof, and to pro- vide suitable rooms therefor, under such regulations for the govern- ment of such library as may, from time to time, be prescribed by the city council of such city, or the inhabitants of such town. Sect. 2. Any city or town may appropriate for the foundation and commencement of such library, as aforesaid, a sum not exceeding one dollar for each of its ratable polls, in the year next preceding that in which such appropriation shall be made; and may also appropriate, an- nually, for the maintenance and increase of such library, a sum not exceeding twenty-five cents for each of its ratable polls, in the year next preceding that in which such appropriation shall be made. Sect. 3. Any city or town may receive, in its corporate capacity, and hold and manage, any devise, bequest or donation, for the establishment, increase, or maintenance of a public library within the same. [Approved by the Governor, May 24, 1851. 14 1S56 An Act in further addition to an act in relation to law library associations. [Acts of 1856, chapter 71.] Be it enacted, etc., as follows: Section 1. The county commissioners of the several counties are hereby authorized to pay and disburse, from the treasuries of their respective counties, to the treasurers of the law library associations now existing, or that may hereafter be duly organized therein, such a sum or sums as they may deem necessary and proper, for maintaining and enlarging the public law libraries for the use of the courts and citizens of the several counties; such sum not to exceed the amount paid into the treasury of any county by the clerks of the courts. Sect. 2. The treasurer of any such law library association, before receiving said moneys, shall give a bond, with sureties, to the satisfaction of the commissioners, for the faithful application of the same, and that he will make a return annually to them, under oath, of the manner in which all such applications are made. [Approved by the Governor, March 28, 1856. An Act in addition to an act in relation to law library asso- ciations. [Acts of 1856, chapter 184.] Be it enacted, etc., as follows: The counsellors and attorneys at law, duly admitted to practice in the courts of this Commonwealth, resident in either of the counties, who have omitted to organize a law library association in their respective counties, are hereby authorized to organize themselves in their counties respectively, into an association, by the name of the law library asso- ciation for such county, under the like provisions, and with the same rights, powers and duties, as if the said association had been organized within the time prescribed by the ninety-fourth chapter of the statutes of the year eighteen hundred and forty-two ; and said association, when so organized, shall be deemed and taken to be a corporation, and entitled to all the privileges, and subject to all the provisions applicable to law library associations, created under, and pursuant to the act aforesaid. [Approved by the Governor, May 24, 1856. 1858 Resolve in favor of law library associations. [Resolves of 1858, chapter 1.] Resolved, That the secretary of the Commonwealth be, and he is hereby authorized to furnish upon application, one copy of the acts and resolves passed by the general court, and also one copy of such 15 volumes of the special laws of the Commonwealth, as he may have in his possession, not otherwise appropriated or required for the use of the Commonwealth, to the Social Law Library located in the county of Suffolk; and also, to each law library association, which shall have been duly organized in conformity with the ninety-fourth chapter of the acts of the year eighteen hundred and forty-two, or the one hundred and eighty-fourth chapter of the acts of the year eighteen hundred and fifty-six. [Approved February 23, 1858. 1859 An Act to amend an act to authorize cities and towns to establish and maintain public libraries. [Acts of 1859, chapter 25.] Be it enacted, etc., as follows: Section 1. The three hundred and fifth chapter of the acts of the year eighteen hundred and fifty-one, is so far amended as to allow any city or town to appropriate annually, for the maintenance and increase of a public library within the same, a sum not exceeding fifty cents for each of its ratable polls in the year next preceding that in which such appropriation shall be made. Sect. 2. This act shall take effect from and after its passage. [Ap- proved February 14, 1859. An Act in addition to the acts in relation to law library asso- ciations. [Acts of 1859, chapter 172.] Be it enacted, etc., as follows: Section 1. The several county treasurers shall, on the first day of January in every year, pay to the treasurers of the county law library associations now existing, or that may hereafter be duly organized in their respective counties, one-quarter part of all the sums which said treasurers may have respectively received from the clerks of the courts during the preceding year; provided such quarter part in any year does not exceed the sum of one thousand dollars: and if said quarter should exceed one thousand dollars, then said treasurers shall pay one thousand dollars; and all sums so paid to the treasurers of law library associations, shall be applied to maintain and enlarge the public law libraries for the use of the courts and citizens in the several counties. Sect. 2. Nothing in this act contained shall be construed to prevent county commissioners from authorizing other payments from the county treasuries, under the seventy-first chapter of the acts of the year eighteen hundred and fifty-six. [Approved April 5, 1859. 16 1860 General Statutes, 1860, Chapter 33. Law Libraries. [See 1871, 387.] Section 1. Law library associations heretofore organized in any county except Suffolk shall remain corporations in the same manner as if organized under this chapter. Sect. 2. The attorneys-at-law admitted to practice in the courts of the commonwealth and resident in a county for which there is no law library association, may organize themselves by the name of the Law Library Association for such county; and when so organized shall be a corporation for the purpose of holding and managing the law library belonging to the county, and may adopt by-laws for that pur- pose, subject to the approval of the justices of the superior court. Sect. 3. The clerk of the courts in any county in which no associa- tion has been organized, upon the application of seven attorneys at law resident therein, may call a meeting for the purpose of such organization by posting up notifications thereof in some convenient place in any court-house of the county; which meeting shall be holden during the term of the superior court commencing next after ten days from the time of posting up such notification. The clerk shall preside at such meeting until a clerk of the association is chosen. Sect. 4. The officers of such association shall be a clerk, treasurer, and librarian, whose duties shall be defined by the by-laws. Sect. 5. Every inhabitant of a county in which such association is organized may use the books in the library, subject to such regulations as may be prescribed by the association with the approval of the superior court. [Section 6, amended by Acts of 1863, chapter 215, and Acts of 1874, chapter 156.] Sect. 6. County treasurers shall annually, on the first day of Janu- ary, pay to the county law library associations in their respective counties one-quarter part, not exceeding one thousand dollars, of all sums which said treasurers have received from the clerks of the courts during the preceding year ; and they may also pay such further sums, not exceeding the amount paid into the respective county treasuries by the clerks of the courts, as the county commissioners deem necessary and proper. All sums so paid shall be applied to maintain and enlarge such libraries for the use of the courts and citizens. Sect. 7. The treasurer of a law library association, before receiving said money, shall give a bond with sureties to the satisfaction of the commissioners for the faithful application thereof, and that he will make a return annually to them, under oath, of the manner in which all such applications are made. 17 Town and City Libraries. [See 1866, 222; 1871, 26.] Sect. 8. Each town and city may establish and maintain a public library therein, with or without branches, for the use of the inhabitants thereof, and provide suitable rooms therefor, under such regulations for its government as may from time to time be prescribed by the inhabit- ants of the town, or the city council. [Section 9 repealed by Acts of 1866, chapter 222.] Sect. 9. Any town or city may appropriate money for suitable buildings or rooms, and for the foundation of such library a sum not exceeding one dollar for each of its ratable polls in the year next pre- ceding that in which such appropriation is made; may also appropriate annually, for the maintenance and increase thereof, a sum not exceeding fifty cents for each of its ratable polls in the year next preceding that in which such appropriation is made, and may receive, hold, and man- age, any devise, bequest or donation, for the establishment, increase or maintenance of a public library within the same. Social Libraries. [Public library corporations. See 1872, 217.] Sect. 10. Seven or more proprietors of a library may form them- selves into a corporation, under such corporate name as they may adopt, for the purpose of preserving, enlarging, and using, such library; with the powers, privileges, duties, and liabilities, of corporations organized according to the provisions of chapter sixty-eight, so far as tne same may be applicable, and may hold real and personal estate to an amount not exceeding five thousand dollars in addition to the value of their books. Sect. 11. Upon application of five or more of such proprietors, a justice of the peace may issue his warrant to one of them, directing him to call a meeting of the proprietors, at the time and place and for the purposes expressed in the warrant. The meeting shall be called by ]Dosting up the substance of the warrant in some public place in the town where the library is kept, seven days at least before the time of the meeting; at which, if not less than seven of the proprietors meet, they may choose a president, a clerk who shall be sworn, a librarian, collector, treasurer, and such other officers as they may deem necessary; and may determine upon the mode of calling future meetings. Sect. 12. The treasurer shall give bond with sufficient sureties, to the satisfaction of the proprietors, for the faithful discharge of his duties. Sect. 13. Such proprietors may, by assessments on the several shares, raise such money as they judge necessary for the purposes of preserv- ing, enlarging, and using, the library. 18 1863 An Act relating to the county law library associations. [Acts of 1863, chapter 215; repealed by Acts of 1874, chapter 156.] Be it enacted, etc., as follows: Section 1. The sixth section of the thirty-third chapter of the Gen- eral Statutes is so far amended, that the several county treasurers shall pay to the county law library associations the whole amount received from the clerks of the courts during the preceding year, provided the same does not exceed four hundred dollars. And, in case the same exceeds four hundred dollars, they shall pay over in addition thereto, one-quarter part of the surplus; provided, however, that the whole amount paid to said association in any county in any one year, shall not exceed one thousand dollars. Sect. 2. This act shall not be deemed to prevent the county com- missioners from allowing any further payment as provided in the said sixth section of the said thirty-third chapter of the General Statutes. Sect. 3. This act shall take effect upon its passage. [Approved April 29, 1863. 1866 An Act in relation to town libraries. [Acts of 1866, chapter 222; incorporated in Public Statutes, chapter 140, section 40.] Be it enacted, etc., as follows: Section 1. Any town may, at a legal meeting, grant and vote money for the establishment, maintenance or increase of a public library therein/ and for erecting or providing suitable buildings or rooms therefor; and may receive, hold and manage any devise, bequest or donation for the establishment, increase or maintenance of any such library. Sect. 2. Section nine of chapter thirty-three of the General Statutes is hereby repealed. Sect. 3. This act shall take effect upon its passage. [Approved May 9 3 1866. 1867 An Act for the preservation of books and other property belong- ing to public libraries. [Acts of 1867, chapter 69; repealed by Acts of 1872, chapter 42.] Be it enacted, etc., as follows: Whoever wilfully and maliciously writes upon, injures, defaces, tears or destroys any book, plate, picture, engraving or statue belonging to any law, town, city or other public library, shall be punished by a fine of not less than five dollars nor more than one thousand dollars for every such offence. [ Approved March 16, 1867. 19 Resolve for the distribution of the annual reports to public libraries. [Resolves of 1867, chapter 36.] Resolved, That after the current year it shall be the duty of the secretary of the Commonwealth to furnish each public library, organized under the laws of this Commonwealth, on the application of the libra- rian thereof, with the annual reports described in the General Statutes as the " Public Series." [Approved April 22, 1867. 1869 An Act in addition to an act concerning dogs. [Acts of 1869, chapter 250 ; incorporated in Public Statutes, chapter 102, section 107.] Be it enacted, etc., as follows: Section 1. Moneys received by the treasurer of any county under the provisions of chapter one hundred and thirty of the acts of the year eighteen hundred and sixty-seven, and not expended in the payment of damages done by dogs, in accordance with the provisions of said act, shall be paid back to the treasurers of the several cities and towns of said county, in the month of January of each year, in proportion to the amount paid by said city or town to said county treasurer; and the money so refunded shall be expended for the support of public libraries or schools, in addition to the amount annually appropriated by said city or town for those purposes. In the county of Suffolk, moneys received by any treasurer of any city or town under the pro- visions of said act, and not expended in accordance with the provisions of the same, shall be appropriated by the school committee of said city or town for the support of the public schools therein established. Sect. 2. The last clause of section twelve of chapter one hundred and thirty of the acts of the year eighteen hundred and sixty-seven, is hereby repealed. Sect. 3. This act shall take effect upon its passage. [Approved May 10, 1869. 18T0 An Act to authorize the establishment of districts, for main- taining STREET LAMPS, AND FOR OTHER PURPOSES. [Acts of 1870, chapter 332; incorporated in Public Statutes, chapter 27, sections 37-40.] Be it enacted, etc., as follows: Section 1. Any town, at a legal meeting, having an article in the warrant for the purpose, may authorize a village or district in such town, containing not less than one thousand inhabitants, the limits of which shall be accurately defined, to organize under such name as may be authorized by such town, for the purpose of erecting and maintain- 20 ing street lamps, establishing and maintaining libraries, building and maintaining sidewalks, and employing and paying watchmen and police officers, or any of such purposes. Sect. 2. The provisions of sections thirty-five, thirty-sis, thirty-nine, forty-three, forty-four, forty-five, and forty-seven of chapter twenty- four of the General Statutes, and chapter two hundred and fifty-seven, of the acts of the year eighteen hundred and sixty-five, shall, so far as applicable, apply to such districts. Sect. 3. The officers of such districts, in addition to a clerk and prudential committee, may be a treasurer, and such other officers as the district may decide to elect; and all of such officers shall hold their offices for one year, and until others are chosen and qualified in their stead. Sect. 4. Such districts may adopt such by-laws as they may deem proper, to define the duties of their officers, and the manner of calling meetings of the districts. Sect. 5. Such districts may sue and be sued in the name of the in- habitants of such districts. [Approved June 10, 1870. 1871 An Act in relation to depositing books in public libraries. [Acts of 1871, chapter 26; incorporated in Public Statutes, chapter 40, section 11.] Be it enacted, etc., as follows: Section 1. The city government of the several cities, and the se- lectmen of the several towns in this Commonwealth, in which may now or hereafter be public libraries, owned and maintained by said cities and towns, are hereby authorized to place in the public libraries, for the use of the inhabitants, such books, reports and laws, as have been or may be received from the Commonwealth. Sect. 2. This act shall take effect upon its passage. [Approved February 17, 1871. An Act to provide for furnishing certain documents to the law library societies in each county. [Acts of 1871, chapter 387; incorporated in Public Statutes, chapter 40, section 8.] Be it enacted, etc., as follows: Section 1. In addition to the volumes now required by law to be furnished to the law library societies in each county, the sergeant-at- arms shall, immediately after their publication, distribute as far as is practicable to said societies one volume each of the following docu- ments, viz.: legislative documents (senate and house), journal of the senate, journal of the house, and the manual of the general court. Sect. 2. This act shall take effect upon its passage. [Approved May 26, 1871. 21 1872 An Act for the preservation of books and other property belong- ing TO PUBLIC LIBRARIES. [Acts of 1872, chapter 42; incorporated in Public Statutes, chapter 203, section 79.] Be it enacted, etc., as follows: Section 1. Whoever wilfully and maliciously or wantonly and with- out cause writes upon, injures, defaces, tears or destroys any book, plate, picture, engraving or statue, belonging to any law, town, city or other public library, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the jail not exceeding six months for every such offence. Sect. 2. Chapter sixty-nine of the acts of the year one thousand eight hundred and sixty-seven is hereby repealed. [Approved February 26, 1872. An Act to provide for the formation of library corporations. [Acts of 1872, chapter 217; incorporated in Public Statutes, chapter 40, sections 16-19.] Be it enacted, etc., as follows: Section 1. Three or more persons within this state who shall have associated themselves together by an agreement in writing, such as is described in section seven of chapter two hundred and twenty-four of the acts of the year eighteen hundred and seventy, with the intention to constitute a corporation under any name by them assumed for the purpose of establishing and maintaining a public library, with or with- out reading rooms connected therewith, shall become a corporation, upon complying with the provisions of sections eight, nine, ten and eleven of said act, and shall remain a corporation with all the powers, rights and privileges belonging to any corporations organized under the provisions of said act, and subject to all the duties, restrictions and liabilities set forth in all general laws which now are or hereafter may be in force applicable to such corporations. Sect. 2. Any name may be assumed by such corporation not pre- viously in use by any existing corporation or association, and shall contain therein the word library. Upon filing the certificate named in section eleven of said act with the endorsement of the commissioner of corporations thereon, and the payment of the fees named in section fifty-nine of said act, the secretary of the Commonwealth shall sign and issue to such corporation a certificate in the form prescribed and having the same force and effect named in said eleventh section of said act. Sect. 3. Any existing -library association under general law, may by complying with the provisions of section twelve of said act and payment of the fees aforesaid, obtain of the secretary of the Commonwealth the certificate therein prescribed. 22 Sect. 4. Corporations formed under the provisions of this act may hold real and personal estate necessary for the purposes of their or- ganization, to the amount named in their agreements of association, not exceeding fifty thousand dollars, exclusive of books, papers, collections in natural history, and works of art; may receive and hold for the purposes aforesaid any grants, donations or bequests, under such con- ditions and rules as may be prescribed in such grants, donations and bequests: provided, the same are not inconsistent with the provisions of law. And so long as any corporation formed under this act shall allow the inhabitants of the city or town wherein the same is located free access to and use of its library, such city or town may annually appro- priate and pay to the said corporation established therein money to aid in supporting its library. Sect. 5. This act shall take effect upon its passage. [ Approved April 17, 1872. An Act to amend an act to provide for the formation of library corporations. [Acts of 1S72, chapter 326; incorporated in Public Statutes, chapter 40, section 20.] Be it enacted, etc., as follows: Section 1. Nothing contained in the provisions of chapter two hun- dred and seventeen of the acts of the year eighteen hundred and seventy- two shall be construed to require library corporations, formed under the same, to have a capital stock, when it is otherwise provided in the agreement of association. Sect. 2. This act shall take effect upon its passage. \_Approved May 4, 1872. 1S73 An Act to authorize towns and cities to appropriate money toward defraying the expenses of maintaining libraries. [Acts of 1873, chapter 306; incorporated in Public Statutes, chapter 27, section 10.] Be it enacted, etc., as follows: Any city or town may appropriate and pay such sum annually as it may see fit toward defraying the expenses of maintaining any library within such city or town to which the inhabitants are allowed free access for the purpose of using the same on the premises. [Approved May 23, 1873. 1874 An Act relating to the county law library associations. [Acts of 1874, chapter 156; repealed by Acts of 1881, chapter 89.] Be it enacted, etc., as follows: Section 1. The sixth section of the thirty-third chapter of the Gen- eral Statutes is so far amended that the several county treasurers shall pay to the county law library associations, the whole amount received 23 from the clerks of courts during the preceding year: provided, the same does not exceed one thousand dollars : and in case the same exceeds one thousand dollars, they shall pay in addition thereto one-quarter part of the surplus; provided, however, that the whole amount paid to said association in any county in any one year shall not exceed two thousand dollars. Sect. 2. This act shall not be deemed to prevent the county com- missioners from allowing any further payment as provided in the said sixth section of the said thirty-third chapter of the General Statutes. Sect. 3. Chapter two hundred and fifteen of the acts of eighteen hundred and sixty-three is repealed. Sect. 4. This act shall take effect upon its passage. [Approved April 9, 1874. 18S0 An Act to authorize towns to establish and maintain public reading rooms. [Acts of 18S0, chapter 111.] Be it enacted, etc., as follows: Section 1. Any town which now maintains in whole or in part a public library therein, for the use of the inhabitants thereof, or which may hereafter do so, may, at a legal meeting, grant and vote money for the establishment and maintenance of a public reading room, in con- nection with said library, and for the use of the inhabitants of said town, to be under the control and management of the board of trustees of said library or of such other persons as have control and manage- ment of said library; and such town may receive, hold and manage any devise, bequest or donation for the establishment or maintenance of any such reading room. Sect. 2. This act shall take effect upon its passage. [Approved March 17, 1880. 18S1 An Act relative to law library associations. [Acts of 1881, chapter S9; incorporated in Public Statutes, chapter 40, section 6.] Be it enacted, etc., as follows: Section 1. Section six of chapter thirty-three of the General Statutes is hereby amended so as to read as follows : — County treasurers shall annually pay to the county law library associations in their respective counties, all sums paid into the county treasuries by the clerks of the courts during the year, but not exceeding fifteen hundred dollars in any one year; and they may also pay such further sums from the county treasury as the county commissioners deem necessary and proper. All sums so paid shall be applied to maintain and enlarge such libraries for the use of the courts and citizens. This act shall apply to all sums paid into the county treasuries by the clerks of the courts from and after the first day of January eighteen hundred and eighty-one. 24 Sect. 2. Chapter one hundred and fifty-sis of the acts of the year eighteen hundred and seventy-four is hereby repealed. Sect. 3. This act shall take effect upon its passage. [Approved March 16, 1881. 1SS2 The Public Statutes, Chapter 40. Law Libraries. Section" 1. Law library associations heretofore organized in any county except Suffolk shall be subject to the provisions of this chapter relating to such corporations. Sect. 2. The attorneys at law admitted to practice in the courts of the commonwealth, and resident in a county for which there is no law library association, may organize themselves by the name of the Law Library Association for such county; and, when so organized, shall be a corporation for the purpose of holding and managing the law library belonging to the county, and may adopt by-laws for that purpose, sub- ject to the approval of the justices of the superior court. Sect. 3. The clerk of the courts in any county in which no such association has been organized may, upon the application of seven attorneys at law resident therein, call a meeting for the purpose of such organization by posting up notifications thereof in some con- venient place in any court-house of the county; which meeting shall be held during the term of the superior court commencing next after ten days from the time of posting up such notification. The clerk shall preside at such meeting until a clerk of the association is chosen. Sect. 4. The officers of such an association shall be a clerk, treas- urer, and librarian, and their duties shall be defined by the by-laws. Sect. 5. Every inhabitant of a county in which such association is organized may use the books in the library, subject to such regulations as may be prescribed by the association with the approval of the superior court. [Section 6 amended by Acts of 1S82, chapter 246.] Sect. 6. County treasurers shall annually pay to the law library associations in their respective counties all sums paid into the county treasuries during the year by the clerks of the courts, to an amount not exceeding fifteen hundred dollars in any one year; and said treasurers may also pay such further sums as the county commissioners may deem necessary and proper. All sums so paid shall be applied to maintain and enlai'ge such libraries for the use of the courts and of citizens. Sect. 7. The treasurer of a law library association, before receiving any money from the county treasurer, shall give a bond, with sureties to the satisfaction of the commissioners, for the faithful application of such money, and that he will make a return annually to them, under oath, of the manner in which such application has been made. Sect. 8. Each law library association shall be entitled to receive 25 from the sergeant-at-arnis one copy of each of the following volumes immediately after their publication : namely, legislative documents, (sen- ate and house), journal of the senate, and journal of the house. Town and City Libraries. Sect. 9. Any town or city may establish and maintain a public library therein, with- or without branches, for the use of the inhabitants thereof, and may provide suitable rooms therefor, under such regulations for its government as may from time to time be prescribed by the inhabit- ants of the town or by the city council. Sect. 10. Any town may at a legal meeting grant and vote money for the establishment, maintenance, or increase of a public library therein, and for erecting or providing suitable buildings or rooms there- for; and may receive, hold, and manage any devise, bequest, or dona- tion for the establishment, increase, or maintenance of any such library. Sect. 11. The city government of a city or the selectmen of a town, in which there is a public library owned and maintained by such city or town, may place in such library, for the use of the inhabitants, such books, reports, and laws as have been or may be received from the com- monwealth. Social Library Corporations. Sect. 12. Seven or more proprietors of a library may form them- selves into a corporation, under such corporate name as they may adopt, for the purpose of preserving, enlarging, and using such library, and with the powers, privileges, duties, and liabilities of corporations organ- ized according to the provisions of chapter one hundred and five, so far as the same may be applicable, and such corporation may bold real and personal estate to an amount not exceeding five thousand dollars in addition to the value of its books. Sect. 13. Upon application of five or more of such proprietors, a justice of the peace may issue his warrant to one of them, directing him to call a meeting of the proprietors at the time and place and for the purposes expressed in the warrant. The meeting shall be called by post- ing up the substance of the warrant in some public place in the town where the library is kept, seven days at least before the time of the meet- ing; at which time, if not less than seven of the proprietors meet, they may choose a president, a clerk, who shall be sworn, a librarian, a col- lector, a treasurer, and such other officers as they may deem necessary; and may determine upon the mode of calling future meetings. Sect. 14. The treasurer shall give bond with sufficient sureties, to the satisfaction of the proprietors, for the faithful discharge of his duties. Sect. 15. Such proprietors may, by assessments on the several shares, raise such money as they judge necessary for the purposes of preserv- ing, enlarging, and using the library. 26 Public Library Corporations. Sect. 16. Three or more persons within this commonwealth who as- sociate themselves together by an agreement in writing, such as is de- scribed in section sixteen of chapter one hundred and six, with the in- tention of forming a corporation, under any name by them assumed, for the purpose of establishing and maintaining a public library with or without reading-rooms connected therewith, shall become a corpora- tion upon complying with the provisions of section seventeen, eighteen, twenty, and twenty-one of said chapter, and shall remain a corporation with all the powers, rights, and privileges, and subject to all the duties, restrictions, and liabilities, applicable to such corporations. Sect. 17. Any name may be assumed by such corporation which is not in use by an existing corporation or association, and which contains the word " library." Upon filing the certificate named in section twenty- one of chapter one hundred and six with the indorsement of the com- missioner of corporations thereon, and the payment of the fees named in section eighty-four of said chapter, the secretary of the common- wealth shall sign and issue to such corporation a certificate in the form prescribed and having the force and effect named in said section twenty- one of said chapter. Sect. 18. Any existing library association organized under general laws may, by complying with the provisions of section twenty-two of chapter one hundred and six and payment of the fees aforesaid, obtain of the secretary of the commonwealth the certificate therein prescribed. Sect. 19. A corporation formed under section sixteen may hold real and personal estate necessary for the purposes of its organization, to the amount named in its agreement of association, not exceeding fifty thousand dollars, exclusive of books, papers, collections in natural his- tory, and works of art ; and may receive and hold for the purposes afore- said any grants, donations, or bequests under such lawful conditions and rules as may be prescribed therein. Sect. 20. Nothing contained in the four preceding sections shall be construed to require a corporation formed in accordance with the pro- visions thereof to have a capital stock, when a different provision is made in the agreement of association. Appropriation of Money for Libraries. Section 10 of chapter 227 of the Public Statutes provides that the towns may at legal meetings grant and vote such sums as they judge necessary for maintaining any library therein to which the inhabitants are allowed free access for the purpose of using the books on the premises, and for establishing and maintaining a public reading room, in connection with and under the control of the manager of such library. 27 The Dog Tax. Section 107 of chapter 102 of the Public Statutes provides that the money received for dog licenses and refunded to the towns shall be expended for the support of public libraries or schools. Defacing Boohs, Papers, etc. Section 79 of chapter 253 of the Public Statutes provides that who- ever wilfully and maliciously or wantonly and without cause writes upon, injures, defaces, tears or destroys a book, plate, picture, en- graving or statue belonging to a law, town, city or other public library, shall be punished by a fine of not less than five nor more than fifty dollars, or by imprisonment in the jail not exceeding six months. Library Corporations. Seven or more persons may form a corporation for the establishment and maintenance of places for reading rooms, libraries or social meet- ings, under the provisions of the general law for the incorporation of associations for charitable, educational and other purposes, contained in chapter 115 of the Public Statutes. An Act in relation to law library associations. [Acts of 1882, chapter 246.] Be it enacted, etc., as follows: Section 1. Section six of chapter forty of the Public Statutes pro- viding for annual payments to the law library associations of the sev- eral counties, is amended by striking out in the fourth line thereof the words, " fifteen hundred dollars," and inserting in place thereof the words, " two thousand dollars." This act shall apply to all sums paid into the county treasuries by the clerks of the courts on and after the first day of January in the year eighteen hundred and eighty-two. Sect. 2. This act shall take effect upon its passage. [Approved May 19, 1882. 18S3 An Act to prevent the wilful detention of books, newspapers, magazines, pamphlets or manuscripts of certain libraries. [Acts of 18S3, chapter 77.] Be it enacted, etc., as follows: Section 1. Whoever wilfully and maliciously or wantonly and with- out cause detains any book, newspaper, magazine, pamphlet, or manu- script belonging to a law, town, city or other public or incorporated library, for thirty days after notice in writing, from the librarian of such library, given after the expiration of the time which by the regu- lations of such library, such book, newspaper, magazine, pamphlet, or manuscript may be kept, shall be punished by a fine of not less than one 28 nor more than twenty-five dollars, or by imprisonment in the jail not exceeding six months. Sect. 2. The notice required by the foregoing section shall bear upon its face a copy of this act. Sect. 3. This act shall take effect upon its passage. [Approved March 24, 1S83. An Act for the better protection op property op certain libraries. [Acts of 1883, chapter 81.] Be it enacted, etc., as follows: Section 1. Section seventy-nine of chapter two hundred and three of the Public Statutes is hereby amended so as to read as follows : — Whoever wilfully and maliciously or wantonly and without cause writes upon, injures, defaces, tears or destroys a book, plate, picture, engrav- ing, map, newspaper, magazine, pamphlet, manuscript, or statue be- longing to a law, town, city or other public or incorporated library, shall be punished by a fine of not less than five nor more than fifty dollars, or by imprisonment in the jail not exceeding six months. Sect. 2. This act shall take effect upon its passage. [Approved March 24, 1883. 1SS5 An Act to protect persons using public libraries prom disturbance. [Acts of 1885, chapter 225.] Be it enacted, etc., as follows: Whoever wilfully disturbs persons assembled in a public library or reading room connected therewith, by making a noise or in any other manner, during the time in which such library or reading room is open to the public, shall be punished by imprisonment in the jail not ex- ceeding thirty days, or by fine not exceeding fifty dollars. [Approved May 12, 1885. 1888 An Act concerning the election and the powers and duties op trustees op free public libraries or op free public libraries and reading-rooms in towns. [Acts of 1888, chapter 304.] Be it enacted, etc., as follows: Section 1. Every town which raises or appropriates money for the support of a free public library, or free public library and reading-room that is owned by the town, shall at its annual meeting, or at a legal town meeting appointed and notified for that purpose by the selectmen, elect a board of trustees, except in cases where such library has been or may be acquired by the town, in whole or in part, by some donation or bequest containing other conditions or provisions for the elections of its trustees or for its care and management, which conditions have been accepted and agreed to by vote of the town. 29 [Section 2 amended by Acts of 1SS9, chapter 112.] Sect. 2. Said board of trustees shall consist of any number of per- sons divisible by three not exceeding nine in all which the town may decide to elect, one-third thereof to be elected annually and to continue in office for three years, except that the town shall first elect one-third of the trustees for one year, one-third for two years and one-third for three years, and thereafter one-third the number annually for the term of three years. No person shall be ineligible to serve upon said board of trustees by reason of sex. Such board of trustees shall be elected by ballot, and shall organize annually by the choice of a chair- man and secretary from their own number. Sect. 3. If any person elected a member of the board of trustees, after being duly notified of his election in the manner in which town officers are required to be notified, refuses or neglects to accept said office, or if any member declines further service, or from change of residence or otherwise, becomes unable to attend to the duties of the board, the remaining members shall in writing give notice .of the fact to the selectmen of the town, and the two boards may thereupon, after giving public notice of at least one week, proceed to fill such vacancy until the next annual town meeting; and a majority of the ballots of persons entitled to vote shall be necessary to an election. Sect. 4. The trustees so elected by the town shall have the entire custody and management of the library and reading-room and all prop- erty owned by the town relating thereto; and all money raised or ap- propriated by the town for its support and maintenance, and all money or property that the town may receive by donation from any source, or by bequest, in behalf of said free public library and reading-room, shall be placed in the care and custody of the board of trustees, to be expended or retained by them for and in behalf of the town for the support and maintenance of its free public library and reading-room, in accordance with the conditions of each or any donation or bequest accepted by the town. Sect. 5. In every town which shall, by a majority of the votes cast at its annual town meeting or at a legal town meeting appointed and notified for that purpose by the selectmen, so direct, the board of trustees shall, in addition to the officers named in section two of this act, elect from among their own number a treasurer, who shall give a bond to the town similar to the bond given by the town treasurer, for such an amount and with such sureties as may be satisfactory to the select- men; and until a town directs otherwise the town treasurer shall act as treasurer of the board of trustees. Sect. 6. The trustees shall make an explicit report to the town at each annual town meeting of all their receipts and expenditures, and of all the property of the town in their care and custody, including a statement of any unexpended balance of money they may have, and of 30 any bequests or donations they may have received and are holding in behalf of the town, with such recommendations in reference to the same as they may deem necessary for the town to consider. Sect. 7. Nothing in this act shall be construed to interfere with library associations, nor with any library that is or may be organized and managed under special act of the legislature. Sect. 8. This act shall take effect upon its passage. [Approved May 4, 1888. 18S9 An Act relating to the election, powers and duties op trustees of free public libraries and reading rooms in towns. [Acts of 1889, chapter 112.] Be it enacted, etc., as follows: Section two of chapter three hundred and four of the acts of the year eighteen hundred and eighty-eight is hereby amended by striking out in lines two and three the words " not exceeding nine in all," so as to read as follows: Section 2. Said board of trustees shall consist of any number of persons divisible by three which the town may decide to elect, one-third thereof to be elected annually and to continue in office for three years, except that the town shall first elect one-third of the trustees for one year, one-third for two years and one-third for three years, and thereafter one-third the number annually for the term of three years. No person shall be ineligible to serve upon said board of trustees by reason of sex. Such board of trustees shall be elected by ballot, and shall organize annually by the choice of a chairman and secretary from their own number: provided, any town having a free public library which has heretofore elected a board of trustees to manage the same consisting of a number divisible by three, and has heretofore elected annually one-third of said board for three years, may continue to elect annually one-third of said board, and the trustees in office shall hold their offices until the term for which they were elected shall expire, unless the town shall vote otherwise. [Approved March 14, 1889. 1890 An Act to promote the establishment and efficiency of free pub- lic LIBRARIES. [Acts of 1S90, chapter 347.] Be it enacted, etc., as follows: Section 1. The governor with the advice and consent of the council shall appoint five persons, residents of the Commonwealth, who shall constitute a board of library commissioners. The governor shall desig- nate the chairman thereof. One member of said board shall be ap- pointed for the term of five years, one for four years, one for three years, one for two years and one for one year; and thereafter the term of office of the commissioners shall be five years. All vacancies on 31 said board, whether occurring by expiration of term or otherwise, shall be filled by the governor with the advice and consent of the council. Sect. 2. The librarian or trustees of any free public library may ask said board for advice in regard to the selection of books, the cataloguing of books and any other matters pertaining to the mainte- nance or administration of the library; and the board shall give such advice in regard to said matters as it shall find practicable. The board shall make a report of its doings to the general court in January of each year, and fifteen hundred copies of said report shall be printed as one of the public document series. Sect. 3. Said board is hereby authorized and directed to expend, upon the application of the board of library trustees of any town having no free public library owned and controlled by the town, a sum not exceeding one hundred dollars for books for any such town entitled to the benefits of this act; such books to be used by said trustees for the purpose of establishing a free public library, and said commissioners shall select and purchase all books to be provided as aforesaid. Sect. 4. No town shall be entitled to the benefits of this act until such town has accepted the provisions hereof at a regularly called town meeting, and has elected a board of library trustees as provided in chapter three hundred and four of the acts of the year eighteen hundred and eighty-eight, and until said trustees shall have provided, in a manner satisfactory to the board of commissioners, for the care, custody and distribution of the books furnished in accordance with this act. Sect. 5. Any town accepting the provisions of this act shall annually appropriate from the dog tax, or shall otherwise annually provide 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 said 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 said valuation was less than two hundred and fifty thousand dollars. Sect. 6. No member of the board of commissioners shall receive any compensation, but the board may expend a sum not exceeding five hundred dollars annually for clerical assistance and incidental and necessary expenses in the discharge of its duties ; and all sums expended under the provisions of this act shall be paid from the treasury after the bills therefor have been approved by the board and sent to the auditor of the Commonwealth, who shall certify to the governor and council the amount due as in case of all other bills and accounts ap- proved by him under the provisions of law. Sect. 7. This act shall take effect upon its passage. [Approved May 28, 1890. 32 1892 An Act authorizing the furnishing of one hundred dollars worth of books to the free libraries of certain towns whose valuation does not exceed six hundred thousand dollars. [Acts of 1892, chapter 255.] Be it enacted, etc., as follows: The board of library commissioners may expend the sum of one hundred dollars for books for the free public library of any town whose valuation does not exceed six hundred thousand dollars, which maintained a free library before the passage of chapter three hundred and forty-seven of the acts of the year eighteen hundred and ninety, and which has fully complied or hereafter fully complies with the provisions of said act. An Act to provide for the payment of transportation of state publications furnished to free public libraries. [Acts of 1892, chapter 422.] Be it enacted, etc., as follows: Section 1. The expense of transportation of the state publications which are supplied to the free public libraries of the Commonwealth by the secretary of the Commonwealth shall be prepaid. Sect. 2. There shall be allowed and paid from the treasury annually, a sum not exceeding five hundred dollars, to defray the expense of carrying out the provisions of the preceding section. [Approved June 16, 1892. 1897 An Act relative to the board of library commissioners. [Acts of 1897, chapter 134.] Be it enacted, etc., as follows: Section 1. The board of library commissioners created by chapter three hundred and forty-seven of the acts of the year eighteen hundred and ninety shall hereafter be designated, The Board of Free Public Li- brary Commissioners. Sect. 2. Two thousand copies of the report of said board shall be annually printed as one of the public document series. [Approved March 6, 1897. An Act relative to law library associations. [Acts of 1897, chapter 505.] Be it enacted, etc., as follows: Section 1. The provisions of chapter one hundred and fifty-three of the acts of the year eighteen hundred and ninety-seven shall not apply to so much of the fees from clerks of courts and to naturalization fees 33 as heretofore were payable to law library and bar associations, nor to any other sums of money specifically provided by law to be paid for the use of said associations. Sect. 2. This act shall take effect upon its passage. [Approved June 10, 1897. 1S9S Resolve relative to the report of the board of free public library commissioners. [Resolves of 1898, chapter 24.] Eesolved, That the board of free public library commissioners is hereby authorized to include in its report to be made in January in the year eighteen hundred and ninety-nine, a sketch of the free public libraries of the state, with illustrations of such library buildings as said commission may deem expedient; and two thousand extra copies of the report shall be printed for distribution under the direction of the com- missioners. [ Approved March 15, 1898. 1900 An Act to authorize the board of free public library commis- sioners TO purchase books for the free public libraries of cer- tain TOWNS. [Acts of 1900, chapter 233.] Be it enacted, etc., as follows: The board of free public library commissioners may expend, in such amounts and at such times as they deem expedient, a sum not exceeding one hundred dollars, for the purchase of books for every free public library owned and controlled by a town the valuation of which does not exceed six hundred thousand dollars: provided, that the town shall have complied with all laws relative to the maintenance of such library, and that the trustees of the library shall provide, to the satisfaction of the board, for the distribution of books in different parts of the town where such distribution is necessary, by means of branch libraries or deliveries, and for practical and effective means of rendering the library useful to the teachers and scholars of the public schools in such town. [Approved April 13, 1900. 1902 Revised Laws, 1902, Chapter 38. General Provision. Section 1. Library corporations and associations which have been legally established shall continue to have all the powers and privileges and be subject to all the duties and restrictions attaching thereto. 34 Law Libraries. Sect. 2. Attorneys at law who have been admitted to practise in the courts of the commonwealth and who are resident in a county for which there is no law library association may organize as a corporation, under the provisions of chapter one hundred and twenty-five, by the name of the Law Library Association for such county, and may adopt by-laws which shall be subject to the approval of the superior court. Sect. 3. The inhabitants of the county shall have access to the library and may use the books therein, subject to the provisions of the by-laws. Sect. 4. County treasurers shall annually pay to the law library associations in their respective counties all sums which are paid into the county treasuries during the year by the clerks of the courts, to an amount not exceeding two thousand dollars in any one year. They may also pay to said associations such further sums as the county com- missioners may consider are necessary and proper. All sums which are so paid shall be applied to maintain and enlarge such libraries for the use of the courts and citizens. The treasurer of the law library association, before receiving any money from the county treasurer, shall give bond, with sureties to the satisfaction of the commissioners, for the faithful application of such money, and that he will make a return annually to them, under oath, of the manner in which it has been expended. Sect. 5. Each law library association shall be entitled to receive from the sergeant-at-arms, immediately after their publication, one copy of the legislative documents of the senate and house, the journal of the senate and the journal of the house. City and Town Libraries. Sect. 6. A city or town may establish and maintain public libraries for the use of its inhabitants, under regulations prescribed by the city council or by the town, and may receive, hold and manage any gift, bequest or devise for such library. The city council of a city or the se- lectmen of a town may place in such library the books, reports and laws which may be received from the commonwealth. Trustees of Town Libraries. Sect. 7. A town which raises or appropriates money for the support of a free public library, or free public library and reading room, owned by the town, shall, at an annual meeting or special meeting, unless the same has been acquired entirely or in part through some gift or bequest which contains other conditions or provisions for the election of its trustees or for its care and management which have been accepted by the town, elect by ballot a board of trustees consisting of any number of persons, male or female, divisible by three, which the 35 town determines to elect. When such board is first chosen, one-third thereof shall be elected for one year, one-third for two years and one- third for three years, and thereafter one-third shall be elected annually for the term of three years. The board shall, from its own number, annually choose a chairman and secretary and, if the town so votes, a treasurer, who shall give a bond similar to that given by the town treasurer, in an amount and with sureties to the satisfaction of the se- lectmen. The town treasurer shall act as treasurer of the board of trustees until the town otherwise directs. Sect. 8. The board shall have the custody and management of the library and reading room and of all property owned by the town relating thereto. All money raised or appropriated by the town for its support and maintenance shall be expended by the board, and all money or property which the town may receive by gift or bequest for said library and reading room shall be administered by the board in accordance with the provisions of such gift or bequest. Sect. 9. The board shall make an annual report to the town of its receipts and expenditures and of the property in its custody, with a statement of any unexpended balance of money and of any gifts or bequests which it holds in behalf of the town, with its recommendations. Sect. 10. The provisions of the three preceding sections shall not apply to library associations, nor to a library organized under a special act. Board of Free Public Library Commissioners. Sect. 11. There shall be a board of free public library commis- sioners consisting of five persons, residents of the commonwealth, one of whom shall annually be appointed by the governor, with the advice and consent of the council, for a term of five years. The governor shall designate the chairman thereof. Sect. 12. No member shall receive any compensation, but the board may annually expend not more than five hundred dollars, payable by the commonwealth, for clerical assistance and for other necessary expenses. It shall annually in January make a report to the general court. Sect. 13. The board shall advise the librarian or trustees of any free public library relative to the selection or cataloguing of books and any other matter pertaining to the maintenance or administration of the library. Sect. 14. Said board may, upon the application of the library trustees of a town which has complied with the provisions of sections sixteen and seventeen, and which has no free public library owned and controlled by the town, expend not more than one hundred dollars for books to be selected and purchased by said board and delivered to said trustees for the purpose of establishing a free public library. 36 Sect. 15. If a town, the valuation of which is not more than six hundred thousand dollars and which has a free public library, has com- plied with all laws relative to the maintenance of such library, and the trustees of the library provide, to the satisfaction of the board, for the distribution of books in different parts of the town where such distribu- tion is necessary, by means of branch libraries or deliveries, and for practical and effective means of rendering the library useful to the teachers and scholars of the public schools in such town, the board may expend, in such amounts and at such times as they determine, not more than one hundred dollars for the purchase of books for each free public library owned and controlled by such town. Sect. 16. A town shall not be entitled to the "benefits of the three preceding sections until it accepts the same or has accepted the corre- sponding provisions of earlier laws and has elected a board of library trustees as provided in section seven, nor until said trustees have made provision satisfactory to said commissioners for the care and distribu- tion of the books furnished by them. Sect. 17. Such town shall, if its last assessed valuation was one million dollars or over, annually appropriate from the dog tax, or other- wise provide for the use and maintenance of its free public library, not less than fifty dollars ; if such valuation was less than one million dollars and not less than two hundred and fifty thousand, not less than twenty- five dollars; and if such valuation was less than two hundred and fifty thousand dollars, not less than fifteen dollars. 1904 An Act to provide for the distribution of certain state documents to law libraries. [Acts of 1904, chapter 209.] Be it enacted, etc., as follows: All incorporated law libraries in Massachusetts shall be entitled to receive from the officers of the Commonwealth charged with the distri- bution of the same, copies of all books and documents to which the county law libraries are entitled under any general or special law, and one additional copy for each branch library maintained by them. [Ap- proved April 9, 1904. 1906 An Act to aid free public libraries in the small towns. [Acts of 1906, chapter 183.] Be it enacted, etc., as follows: The board of free public library commissioners may annually expend a sum not exceeding two thousand dollars in aid of free public libra- ries, esjiecially in those towns the valuation of which does not exceed six hundred thousand dollars. Such aid may include the furnishing of 37 books in small quantities, visits to libraries, the instruction of librarians, and sucb other means of encouraging and stimulating the small libra- ries as said commissioners shall deem advisable: provided, that a full detail of expenditures under this act shall be printed in the annual report of the commissioners. Appropriation of Money for Libraries, etc. Section 15, chapter 25 of the Revised Laws, provides that towns may appropriate money " for the establishment, maintenance or increase of a public library therein, and for the erection or provision of suitable buildings or rooms therefor." " For maintaining a library therein to which the inhabitants have free access and of which they have the use, and for establishing and maintaining a public reading room in connection with and under the control of the managers of such library." The Dog Tax. Section 163, chapter 102 of the Revised Laws, provides that money received for dog licenses and refunded to the towns " shall be expended for the support of public libraries or schools." Defacing or Wilful Detention of Books, Papers, etc. Sections 83 and 84, chapter 208 of the Revised Laws, provide that " whoever wilfully, intentionally and without right, or wantonly and without cause, writes upon, injures, defaces, tears or destroys a book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manu- script or statue which belongs to a law, city, town or other public or incorporated library shall be punished by a fine of not less than five nor more than fifty dollars or by imprisonment for not more than six months." " Whoever wilfully, intentionally and without right, or wantonly and without cause, detains a book, newspaper, magazine, pamphlet, or manuscript which belongs to a law, city, town or other public or incorporated library for thirty days after notice in writing from the librarian thereof, containing a copy of this section and given after the expiration of the time which, by the regulations of such library, such book, newspaper, magazine, pamphlet or manuscript may be kept, shall be punished by a fine of not less than one nor more than twenty- five dollars or by imprisonment for not more than six months." Disturbing Public Libraries. Section 33, chapter 212 of the Revised Laws, provides that " whoever wilfully disturbs persons assembled in a public library, or a reading room connected therewith, by making a noise or in any other manner 38 during the time when such library or reading room is open to the public shall be punished by imprisonment for not more than thirty days or by a fine of not more than fifty dollars." Land may be taken for Library Buildings. Section 47 of chapter 25 of the Revised Laws provides that " any land within the limits of a city or town not appropriated to public uses " may be taken " for the purpose of erecting thereon a building to be used for a public school, a library, or an engine house, or for the enlargement of a lot of land taken or used for such purpose," — but the land thus taken may not exceed two acres in extent. Public Documents. Under provisions of chapter 9 of the Revised Laws, each town and city library is entitled to receive a copy of the Manual of the General Court, the Blue Book, and a copy of the series of public documents. Ax Act relative to the social law library of the county of SUFFOLK. [Acts of 1906, chapter 527.] Be it enacted, etc., as follows: Section 1. The amount of money paid hereafter to the social law library of the county of Suffolk shall be taken from the sums heretofore or hereafter collected as naturalization fees under the provisions of sec- tion eighteen of chapter one hundred and sixty-six of the Revised Laws, and from no other source, unless the money so collected is in any future year less than the amount to be paid to the said library as aforesaid. Sect. 2. This act shall take effect upon its passage. [Approved June 27, 1906. 1910 An Act to provide for the appointment of an agent by the board of free public library commissioners and for other expenses of said board. [Acts of 1910, chapter 396.] Be it enacted, etc., as follows : Section 1. The board of free public library commissioners shall ap- point an agent, with the consent of the governor, at a salary to be ap- proved by the governor and council, for a period not exceeding five years. The said agent may at any time be removed from office by a majority vote of the board. Sect. 2. Section twelve of chapter thirty-eight of the Revised Laws is hereby amended by striking out the words " five hundred ", in the second line, and inserting in place thereof the words : — three thou- sand, — so as to read as follows : — Section 12. No member shall re- 39 ceive any compensation, but the board may annually expend not more than three thousand dollars, payable by the commonwealth, for clerical assistance and for other necessary expenses. It shall annually in Jan- uary make a report to the general court. Sect. 3. All acts and parts of acts inconsistent herewith are hereby repealed. Sect. 4. This act shall take effect upon its passage. [Approved April 13, 1910. 1911 An Act to enlarge the usefulness of the free public library SYSTEM. [Acts of 1911, chapter 140.] Be it enacted, .etc., as follows: Section 1. Any free city or town public library may lend its books or other library material to any other free public library in any city or town, under such conditions and regulations as may be made in writing by the board of trustees or other authority having control of the library so lending. Any city or town may raise money to pay the expense of so borrowing books and other library material from the library of any other city or town. Nothing herein contained shall be construed to re- strict or modify any power which any city or town, or any board of irustees or other authority in control of any free public library, now has to lend to, or permit the use of its books by, persons not citizens of such city or town. Sect. 2. This act shall take effect upon its passage. [Approved March 14, 1911. 1913 An Act relative to books and reports distributed by the common- wealth TO CITY AND TOWN LIBRARIES. [Acts of 1913, chapter 93.] Be it enacted, etc., as follows: Section 1. Iii ease the trustees of any city or town library shall vote not to keep or receive any of the books and reports which the secretary of the commonwealth is authorized to send to such library, the secretary of the commonwealth, at the request of the commissioner of public records, may discontinue sending such books and reports. Sect. 2. Any of said books and reports now in the custody of any city or town library may be returned at its expense to the state library, or may otherwise be exchanged or disposed of with the sanction of the board of free public library commissioners. Sect. 3. This act shall take effect upon its passage. [Approved February 17, 1913. 40 An Act to aid free public libraries in the small towns. [Acts of 1913, chapter 316.] Be it en