the other pupils, with the consent of the selecting committee aforesaid, shall be the librarian of the school library. Legal possession. Ownership. Issue list.

499. The legal possession and ownership of the school library shall be in the proper board of directors; the felonious taking thereof shall be larceny; the issue list thereof shall be prima facie evidence of delivery, and the penalties for the abuse, loss or detention of books, shall be recoverable as herein before provided in the case of district librarian.9

Gifts and Bequests.

500. It shall be lawful for the common school directors, of any district to receive, hold and use, any devise, bequest, gift, grant or endowment of property, whether real or personal, which may be made to them for the establishment, increase or support, either of a district, or of a school library in existence or to be established under the provisions of this act, and the same to apply to the establishment, increase and efficiency thereof, subject, however, to any terms, conditions or restrictions, attached to such devise, bequest, gift, grant or endowment, and not inconsistent with the purposes of this act; and the said directors and their successors in office, shall have authority to bring suit and do all other things necessary for the recovery, use and application of the same to the purposes aforesaid. 10

The several school districts of the Commonwealth, except cities of the first and second class, may establish and maintain a free public library.

501. For the purpose of securing a system of free, nonsectarian, public libraries on a substantial and permanent basis throughout the Commonwealth, authority is hereby given to the board of school directors, or to any board or organization having control of the common schools, in each and every common school district, except in cities of the first and second class, whenever the same may be decided

upon by a majority vote of all the members thereof, to provide a place for and establish and maintain such public library for the general use of the residents in the district, subject to the ensuing provisions of this act."

School houses may be used.

502. The board may set aside the whole or a portion of any school house, now or hereafter erected, within the district for the uses and purposes of such library, having due regard to the convenience of the citizens, and may make any changes, repairs or additions that may be necessary to properly carry out the objects of this act; or at its option may lease, purchase or erect a suitable building in some convenient location for the use, storage and accommodation of such library, but no land or structure shall be purchased or building commenced until the cost thereof has been fully provided for under the laws regulating the erection of new school houses within the district.12

Taxation for free public libraries.

503. It shall be lawful for said board to levy a tax for the purchase, improvement and maintenance of said library, not exceeding one mill in any one year, which tax shall be included in the tax levy made for school purposes, upon the same subjects of taxation, and shall be collected at the same time and in the same manner.13

Gifts and endowments, etc., for library.

504. It shall be lawful for the school board of any common school district, and their successors in office, to receive and hold, free from all collateral inheritance tax, any devise, bequest, grant, endowment, gift, donation or contribution of property real, personal or mixed which shall be made for the establishment, improvement or maintenance of a public library as herein provided for, and the same to apply to the purpose for which made or given, and said. board, or their successors in office, are hereby authorized to

13. Act April 20, 1905, Sec. 3, P. L. 231. Amending Sec. 3, Act June 28, 1895, P. L. 411.

* bring suit and do all necessary acts for the recovery, holding, use and application thereof: Provided, That this act shall not apply to cities of the first class: Provided, further, That in cities which have established a board of trustees for the management of a free library established by said municipality, any land or buildings appropriated to free library purposes under the operation of this bill shall

be under the control of said board of trustees.14

Repeal.

505. All laws or parts of laws inconsistent herewith are repealed.15

Distribution of library.

16

506. In addition to the authority now vested in any board of school directors to establish one central library, under the provisions of the act to which this is a supplement, the school directors, board, or organization having control of the common schools of any district, may, at their option, divide and distribute among the various schools of the district any library which has been or which shall be hereafter established in any school district under the provisions of the aforesaid act, in such manner and subject to such regulations as may seem wise and proper to the school directors, board, or organization having control of the district in which said library is established."

School boards may take private property for public library pur poses.

507. It shall be lawful for, and the right is hereby conferred upon borough councils and also on school boards of this Commonwealth, to purchase, acquire, enter upon, take, use and appropriate private property for the purpose of using, enlarging or extending grounds now used or which shall hereafter be used for public library purposes, within the corporate limits thereof, by ordinance or resolution as may be determined thereon. 18

Damages. Viewers. Notice of meeting.

508. Whenever any borough council or school board, in the exercise of the right so conferred, has acquired, taken, used, or appropriated, or shall hereafter acquire, take, use and appropriate, private property for public library purposes, and said borough council or school board cannot agree with the owner or owners thereof, lessee or lessees of such private property, upon the compensation for the property and damages done, or when by reason of the absence or legal incapacity of any such owner or owners, lessee or lessees, no such compensation can be agreed upon; the court of common pleas of the proper county, or any judge thereof in vacation, on application thereto by petition by said borough council or school board, or such owner, lessee, or any person interested, shall appoint three discreet, disinterested citizens of said county as viewers, to view and ascertain the damages done by reason of such taking, use, appropriation, occupancy or injury, and shall appoint a time, not less than twenty nor more than sixty days thereafter, for said viewers to meet at or upon the premises were the damages are alleged to be sustained or the property taken, of which time and place ten days notice shall be given by the petitioner to said viewers and all parties interested by personal service, when such service can be obtained, otherwise by public notice in one or more newspapers, or by handbills posted on the premises, or in such other manner as said court may direct.19

Duty of viewers. Report to court. Judgments.

509. The viewers, or any two of them, having been duly sworn or affirmed faithfully, justly and impartially to decide and a true report make concerning all matters and things to be submitted to them, and in relation to which they are authorized to inquire into in pursuance of the provisions of this act, and having viewed the premises or examined the property, shall estimate and determine the quantity, quality and value of the land or property so entered upon, used, appropriated or injured, as the case may be; and having a due 19. Act May 11, 1901, Sec. 2, P. L. 169.

regard to, and making a just allowance for, the advantages which may have resulted or which may seem likely to result to the owner or owners of said land or property, in consequence of the taking, enlarging or extending of such public library grounds, and after having made a fair and just comparison of said disadvantages and advantages to which the owner or owners may receive to any nearby property, they shall estimate and determine whether any, and if any what amount of damages has been or may be sustained, and to whom payable, and make report thereof to said court.

If any damages be awarded, and the report of said viewers be confirmed by said court, judgment shall be entered thereon; and if the amount thereof be not paid within sixty days after the entry of such judgment, then judgment shall be collected by due legal process, as other judgments are collected from borough councils or school boards.20 Appeal from award of viewers. Trial by jury.

510. Upon the report of said viewers or any two of them, any party interested may, within twenty days thereafter, file an appeal from said report to said court, in writing and accompanied with an affidavit that the same is not for the purpose of delay, but because the affiant firmly be lieves that injustice has been done; and after such appeal, either party may put the cause at issue, in the form directed. by said court, and the same shall be tried by said court and a jury, and after final judgment, either party may appeal to the superior or supreme court, under the provisions and in the manner prescribed in other cases."

Notices.

511. The said court of common pleas shall have power to order what notices shall be given in connection with any of the proceedings, and may make all such orders as it may deem requisite.22

Compensation of viewers.

512. The costs incurred in the proceedings shall be defrayed by said borough council or school board; and each

20. Act May 11, 1901, Sec. 3, P. L. 169.