cause a proper record of their proceedings to be kept and at the first meeting of the board of trustees of any library formed under the provisions of this act, it must immediately upon organization cause to be made out and filed with the state librarian at Sacramento a certificate showing that such library has been established with the date thereof, the names of the trustees and of the officers of the board chosen for the first year. (Am'd. 1905, 296.)

Sec. 5. Boards of library trustees shall have power:

First-To make and enforce all rules, regulations and bylaws necessary for the administration, government and protection of the libraries under their management, and all property belonging thereto.

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

Third-To prescribe the duties and powers of the librarian, Becretary and other officers and employees of any such li braries; to determine the number of and appoint all such officers and employees, and fix their compensation, which said officers and employees shall hold their offices or positions at the pleasure of said boards.

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

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

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

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

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

or before Sec. 6. Boards of library trustees shall, on the last day of July in each year, make a report to the

legislative body of their municipality, giving the condition of the library on the thirtieth day of June preceding, together with a statement of their proceedings for the year then ended, and must immediately upon the publication of such report, forward a copy thereof for filing to the state library at Sacramento. (Am'd. 1905, 297.)

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

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

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

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

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

Sec. 12. An act entitled "An act to establish free public libraries and reading rooms," approved April twenty-six, eighteen hundred and eighty, is hereby repealed; provided, that as to existing libraries this act is to be deemed a continuation thereof, and such libraries shall be governed hereby accordingly; provided, however, that this act shall have no application to any library established or governed by the provisions of a city charter, and the provisions of any city charter shall in no manner be affected by this act.

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

Sec. 14. This act shall take effect immediately.

ACT 1252.

TITLE 176.

FRESNO CITY,

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

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

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

Repealed 1897, 198.

ACT 1258.

TITLE 177.

FRESNO COUNTY.

County seat, locating. [Stats. 1873-4, p. 913.] ACT 1259.

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

Amended 1875-6, 368; 1877-8, 104. Repealed by County Government Acts, 1897, 685, sec. 182.

ACT 1260.

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

ACT 1261.

Authorizing transfer of funds. [Stats. 1875-6, p. 249.] Superseded by subd. 18, sec. 25, County Government Act, 1897, 463. AOT 1262.

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

ACT 1263.

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

ACT-1264.

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

ACT 1265.

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

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

ACT 1266.

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

ACT 1267.

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

Gen. Laws-28

АСТ 1268.

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

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

ACT 1269.

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

АСТ 1270.

452.

Treasurer of, salary of. [Stats. 1873-4, p. 236.] Amended 1877-8, 255. Repealed by County Government Act, 1897,

АСТ 1271.

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

Amended 1875-6, 547.

АСТ 1272.

p. 777.]

Water ditches and water privileges in. [Stats. 1875-6, p.

547.]

TITLE 178.
FUNDS.

АСТ 1277.

Authorizing transfer to the general fund of money in other funds of the state treasury. [Stats. 1871-2, p. 475.]

This act provided that when the general fund was exhausted, moneys in other funds not needed in such funds could be transferred to it.

АСТ 1278.

Authorizing the governor to order the transfer to the general fund of any money that may be in other funds of the state treasury, and the return thereof to such funds. [Stats. 1899, p. 156.]

АСТ 1279.

Requiring the payment into the state treasury of all moneys belonging to the state, received by state institutions, commissions, and officers, and directing the disposition of the proceeds. [Stats. 1899, p. 110.]

Amended 1905, p. 382; also June 14, 1906; see Act 1284.