2. To a judicial district library, on request of a majority of the resident justices, or of a book committee of such justices, appointed by them, except in the first district, where such books shall be furnished on request of the appellate division in the first department. [New.] § 725. Use of law libraries.-Judicial district law libraries shall be maintained as free public libraries for the use of the people of the state, except that the law library in the first district shall remain as heretofore in the consultation rooms of the justices of the district, for their use. The justices of the supreme court may borrow books from such district law libraries for use elsewhere within the district, under reasonable rules prescribed by the resident justices. [New.] 726. Librarians of law libraries.-The librarians and assist ants of the several law libraries included in and continued by this article now in office shall continue therein until removed by the authorities by whom they were appointed. Except in the first district, the successors of the librarians and assistants of judicial district libraries shall be appointed and may be removed at pleasure by the trial justices of the district in which such a library is located. The librarian and assistant librarian of law libraries in the first department and district shall continue in office until removed by the appellate division of the supreme court in the first department. Their successors shall be appointed and may be removed at pleasure by the justices of such appellate division, and their compensation and that of their successors shall be twenty-five hundred dollars per annum each, payable by the county of New York. Elsewhere the compensation of the several librarians and assistants of the district law libraries shall be fixed by the resident justices and is a charge against the state. [New.] § 727. Regents may make rules.-Except in the first department and district, where rules shall be made by the appellate division, the regents may make, alter and repeal rules not inconsistent with law, concerning the use of the several law libraries, under their supervision, and require from each librarian an annual report containing such information as they prescribe. [New.] § 728. Continuance of certain libraries.-All chartered libraries heretofore established are continued, and are entitled to the same privileges, and subject to the same liabilities, as if established under this chapter. [New.] § 729. Establishment.-A public library may be established as follows: 1. In a county, by the board of supervisors. 2. In a city, by the municipal assembly or common council. 3. In a town, by the town board. 4. In a village, by the board of trustees. 5. In a union school district, by the board of education. 6. In a common school district, by a district meeting. 7. In a school district established by special law, by the governing body thereof. In a county, city, or village of the first class, a public library may be established without a vote of the people; elsewhere it can be established only on adoption of a proposition therefor at a district meeting, or a municipal election. Two or more of the fore going bodies may unite in establishing a library on such terms as the proper bodies may agree upon, and any difference as to their respective rights and responsibilities shall be determined by the ordinances or decisions of the regents. A municipality or district named in this section may raise money by tax to establish and maintain a library, or to provide a building or rooms for its use, or to share the cost as agreed with other bodies, or to pay for library privileges under a contract therefor. It may also acquire real property for library purposes by gift, grant, devise or condemnation. Based on Univ. Law, § 36, as amended by L. 1895, chap. 859, § 5, but mostly new.] § 730. Contracts for library privileges.—A municipality or district may, with the approval of the University and in the manner provided by the last section for establishing a public library, con tract with any responsible party for the free use of a library by the people of such municipality or district. [New.] § 731. Submission of proposition. The officers or board herein authorized to establish a library shall submit a proposition therefor at an election, on petition of twenty-five taxable voters. Such proposition may be submitted at an annual election, or at a special election to be called as provided by law. If submitted at an annual election, it must be on the notice required for a special election. A district meeting is deemed an election within the meaning of this provision. [Univ. Law, § 36, as amended by L. 1895, chap. 859, § 5, rewritten and partly new.] § 732. Trustees.-Each public library established as herein pro vided shall, unless otherwise specified in its charter, have five trustees, who shall be appointed as follows: 1. In a city, by the mayor. 2. In a county, by the county judge. 3. In a town, by the supervisor. 4. In a village, by the board of trustees. 5. In a district conterminous with a village, by the school authorities. 6. In a union school district, except as otherwise herein pro vided, by the board of education. 7. In a special school district, by its governing body. 8. In a common school district, trustees shall be elected at an annual meeting. Unless the charter otherwise provides, the trustees first appointed shall determine by lot their terms of office, so that one term shall expire each year. A trustee shall annually thereafter be chosen for a full term. Vacancies may be filled in like manner for the remainder of the unexpired term. [New.] § 733. Charter. Within thirty days after their appointment or election, the first board of trustees shall apply to the regents for a charter, which shall be issued under the conditions and in the manner prescribed by this chapter. [Univ. Law, § 40, rewritten, but without intended change of substance. § 734. Powers and liabilities of chartered libraries.-Chartered libraries shall have the powers, make the reports and be subject to the visitation prescribed in this chapter for incorporated educational institutions under University supervision. [New.] § 735. Public library to be free.-Every public library, except as herein otherwise provided, shall be forever free to the inhabitants of the locality which establishes it, under reasonable rules made by the library trustees, who may exclude from such use any wilful violator of such rules. [Univ. Law, § 42, in part rewritten.] |