appealing fail to obtain a final decision more favorable to the school district wherein the decision, from which the appeal was taken, was made." Exceptions to rulings of the court in pending appeals. 490. Hereafter in all cases pending and undetermined in any court of common pleas in this Commonwealth, which are appeals from settlements or reports made by county, borough or township auditors, it shall be lawful for any party to except to any ruling or decision of the court upon any question or point of law that may arise; and an appeal may be taken therefrom to the Superior or Supreme Court: Provided, That such exceptions and appeals shall be governed and regulated by the laws now in force, regulating exceptions and appeals to the Supreme and Superior Courts in civil cases.22 22 A township auditor, although ineligible to the office of school director, may elect which office he will hold.23 21. Act June 24, 1885, Sec. 1, P. L. 162. 22. Act May 11, 1901, Sec. 1, P. L. 185. 23. Commonwealth vs. Whitlock, 12 D. R. 791, 1903. CHAPTER XIX. DISTRICT SCHOOL LIBRARIES. PAGE 491. Establishment of district libraries. Directors to select school house and provide cases....................... 210 492. School boards to receive money. Purchase of books. Annual accounts 213 495. Rules and regulations to be established......... 496. 493. Title. Larceny of books, etc. Librarian. Settlement......... 497. Duties of directors. Selection of books....... Punishment........ 211 212 ...... 212 212 213 501. The several school districts of the Commonwealth, except cities of the first and second class, may establish and main 507. School boards may take private property for public library purposes 216 508. Damages. Viewers. Notice of meeting........ 217 509. Duty of viewers. Report to court. Judgments... 217 310. Appeal from award of viewers. Trial by jury.. School directors may extend aid to libraries already established. Taxes....... 517. Borough councils may aid free public libraries..... 518. Appropriation, limit........... 519. Library trustees, powers and duties. Election....... When election of trustees may be dispensed with.. Supervision of libraries......... 521. 322. Adjoining school districts may join in establishing and maintaining free public libraries, or join in aiding those otherwise established... 222 Establishment of district libraries. Directors to select school house and provide cases. 491. Whenever, by subscription, or otherwise, a collection of books or funds, to purchase the same, shall have 220 221 221 221 222 been obtained, to form a public library, in and for any common school district in this Commonwealth, it shall be the duty of the board of directors thereof, for the time being, to select the most suitable school house therein in which said. library shall be placed, preferring if otherwise expedient, the school house in which the district institute is held, and to provide, out of the school funds of the district, a suitable case, or cases, for said library, and for such additional books as may be annually added thereto." Board to receive money. Purchase of books. Annual accounts. 492. It shall be the duty of the said directors, to receive into the district treasury all moneys contributed, or otherwise obtained for the purchase, or increase, of the district library, and to select and purchase the books therefor, or to appoint a committee of the board, or of not less than three citizens of the district, to make such selection and purchase; and also, from time to time thereafter, to make additional selections and purchases, in the same manner, but that no books shall be donated, or placed in said library, without the approbation and consent of the selecting committee; nor shall the proper board of directors appropriate any of the school funds of the district to the purchase of books for the library, except such works of a strictly profes sional character, as shall be necessary and proper for the study and improvement of the teachers of the proper dis trict; and all moneys received by said board, for library purposes, shall be annually accounted for, at the settlement of its accounts, in the same manner as common school funds are now by law accounted for.2 Title. Larceny of books, etc. How punishable. 493. The legal possession and ownership of the books, cases and other appendages of the district library shall be and remain in the proper board of directors, and their successors in office, as trustees for the district; and that the felonious taking and carrying away thereof, or of any part thereof, or of any book, article of apparatus or furniture, from or belonging to any common school house, shall and is hereby declared to be larceny; and the breaking into a common school house at night, with intent to commit larceny, as herein set forth, or any other felony, shall and is hereby declared to be burglary; and that any larceny or burglary so committed shall be punished as in other cases under existing statutes.3 Use of books regulated. Liability for lost books. 494. Any person over twelve years of age and resident in the proper district, whether contributor or not to the library, shall be entitled without charge to the use of the books thereof, according to the rules and regulations thereof; but that no book shall be issued to any minor, nor, without the order of his or her parent, guardian or master, who shall thereupon become liable to all the penalties for the abuse, loss or undue detainment of any book by said minor; and all entries of the issue of books duly made in the library list, by the librarian at the time of such issue, shall be prima facie evidence thereof in a suit for any penalty or for the value of any book.4 Rules and regulations to be established. 495. The proper board of directors and their successors in office, shall make, and from time to time as shall be proper, alter and amend the necessary rules and regulations for the care, issue, use and return, of the books of the district library, and ordain such penalties for the abuse, loss, or undue detainment thereof, as to them shall seem just and proper; which penalties shall be recoverable, as debts of like amount are now, by law, recoverable; and such penalties shall either be payable to the librarian, in compensation of his services, or into the library fund, as the proper board of directors shall determine.5 Librarian. Settlement. 496. The secretary of the proper board of directors, or such other member as the board may select, shall be the general librarian of the district library, and that the principal teacher of the school, held in the house in which the library is kept, shall be the assistant librarian, while in charge of said school; and while so in charge, such assistant librarian shall have the charge of the library, so far as relates to the care, issue and return, of books, and the keeping of the list thereof; but that neither the librarian, as secretary, nor the assistant as teacher, on going out of office, shall receive his final installment of salary, till he shall have first accounted for all the books belonging to the library, to the satisfaction of the proper board." Duties of directors. Selection of books. 497. When the pupils or other persons connected with any common school shall have procured books, or funds for the purchase of books for a school library therefor, it shall be the duty of the directors of the proper district to provide out of the school funds of the district a suitable case therefor and also for such additions as may subsequently from time to time, be made thereto; and the selection and purchase of the books for such school library, and of all additions thereto, shall be made by a committee composed of the teacher of the school, for the time being, and of not less than two parents of pupils attending such school, to be chosen by all the attending pupils; but that no books shall be donated to or placed in said library, without the approval of the proper selecting committee, and that it shall not be lawful for the board of directors to appropriate any of the funds of the district to the purchase of books for said school library.7 Use of books. 498. All pupils of the proper school, and no other, shall be entitled to the use of the books of said library at their homes, subject to such rules relating to the care, use and return thereof, as the aforesaid committee for the selection and purchase thereof shall from time to time establish; and that one of the pupils, of said school, to be selected by |