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cation, and the approval of the officer or board herein charged with the general supervision of such libraries.

[New.]

§ 659. Continuance of certain libraries.-All public 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.]

§ 660. 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 the trustee.

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 foregoing bodies may unite in the establishment of a library on such terms as the proper bodies may agree upon, and any difference as to their respective rights and responsibilities shall be deter mined 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 share the

cost as agreed with other bodies, or to pay for library privileges under a contract therefor.

[Univ. Law, § 36, as amended by

L. 1895, ch. 859, § 5, but mostly new.]

§ 661. Contracts for library privileges.—A municipality or district may, with the approval of the regents and in the manner provided by the last section for the establishment of a public library, contract with any responsible party for the free use of a library by the people of such municipality or district.

[New.]

§ 662. Submission of proposition.-The officers or board herein authorized to establish a library shall submit a proposition therefor at an election, upon the 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 anuual election, it must be upon 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, ch. 859, § 5, rewritten.]

§ 663. Trustees.-Each public library established as herein provided 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 district conterminous with a village, by the school authorities.

5. In a village, by the board of trustees.

6. In a union school district, except as otherwise herein provided, by the board of education.

7. 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. are public officers.

[New.]

Trustees of libraries

§ 664. 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.]

§ 665. Powers and liabilities of chartered libraries.-Chartered libraries shall have the powers, make the reports and be subject to the other duties and restrictions prescribed in this chapter for incorporated educational institutions under supervision of the university.

[New.]

§ 666. Library to be free.-Every public library shall be forever free to the inhabitants of the locality which establishes it. The library trustees may make rules for the use of such library, and may exclude from such use any person who wilfully violates such rules.

[Univ. Law, part of § 42, rewritten.]

§ 667. Nonresident privileges.-The trustees may extend the privileges of a public library to nonresidents either with or without fee for its use.

[Univ. Law, part of § 42, as amended by L. 1895, ch. 859, § 5, rewritten.]

§ 668. Neglect by library trustees.-If the trustees of a chartered library fail to provide for the safety and public usefulness of its books, the regents shall serve a notice upon them that they have failed to comply with the requirements imposed by the state in relation to libraries. On the service of such a notice all the rights of such library to further grants of money or books from the state shall be suspended, until the regents certify that the requirements have been met.

[Univ. Law, part of § 46, rewritten.]

§ 669. When regents may take control of library.-If the trus tees refuse or neglect to comply with such requirements within sixty days after service of the notice, the regents may remove them from office, and thereafter all books and other library property, wholly or in part paid for from state money, shall be under the full and direct control of the regents who, as shall seem best to the public interest of the community, may appoint new trustees to carry on the library, or may store it, or distribute its books to other libraries.

[Univ. Law, part of § 46 rewritten.]

§ 670. Abolition of public library.—A public library may be abolished only on adoption of a proposition therefor at two successive annual elections. If the proposition is adopted, a certified copy thereof shall be transmitted to the university, which

shall forthwith appraise the library property. The trustees shall thereupon deliver to the university books or other property equal in value to the aggregate sum received by the library from the state or from other sources as gifts for public use. The remaining books and property shall be disposed of as directed in the proposition abolishing the library. But if the entire li brary property does not exceed in value the amount of such gifts, it may be transferred to the regents for public use, and the trustees shall thereupon be freed from further responsibility. No abolition of a public library shall be lawful till the regents grant a certificate that its assets have been properly distributed and its abolition completed in accordance with law.

[Univ. Law, § 51, as amended by

L. 1895, ch. 859, § 7, rewritten.]

§ 671. Abandoned libraries.-Books or other property belong. ing to any library which have not been in direct charge of a duly appointed librarian within one year, shall be deemed abandoned by the owners, and may be taken and thereafter owned by any public library in the same county which has received from the university written permission to collect such books, and to administer them for the benefit of the public. Any person, association or corporation having possession of books or other property belonging to any school, district, or other public library, except books regularly borrowed and charged for a period not yet expired, shall deliver the same on demand to the legally appointed librarian of such library, or of the public library duly authorized to take the same as provided in this section, and wilful neglect or refusal to comply with this provision shall be a misdemeanor If a school library is so abandoned the school authorities may

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