CHAPTER 28.-LIBRARIES.

Secs. 2129 to 2142.. "An act regulating the state library." 1871, p. 52. In force March 3. 2129. That the books, pamphlets, maps, and charts belonging to the state library, now in the state library, or which shall hereafter be added to the same, shall constitute the state library.

2130. There shall be two divisions of the state library, one of which shall embrace all miscellaneous works, books, pamphlets, maps, and charts, and the statutes and other books required by law to be deposited in the office of the secretary of state, and shall be known as the miscellaneous division of the state library. The other shall embrace all books of reports, and other law books, and shall be known as the law division of the state library.

2131. The governor, secretary of state, and auditor shall constitute a board of directors of the miscellaneous division, and the judges of the supreme court shall constitute a board of directors of the law division of the state library.

2132. Each board of directors shall have power to make such rules, not inconsistent with this act, for the regulation of the division of the library under their direction, as they may elect proper, and may prescribe penalties for any violations thereof, which shall be collected in the same manner as for non-return or injury of any books.

2133. Books may be taken from the state library by the members of the legislature and its officers, during the session of the legislature, and by the officers of the executive department of the state, and the judges of the supreme court and district courts; and no other person shall be permitted to take or detain from the library more than two miscellaneous works at any one time, or take the same away from the capitol.

2134. Each librarian shall cause to be kept a register of all books issued and returned at the time they shall be so issued and returned, and none of the books, except the laws, journals, and reports of this state, which may be taken from the library, shall be detained more than ten days, and all the books taken out by officers or members of the legislature shall be returned at the close of the session.

2135. If any person injure or fail to return any book taken from the library, he shall forfeit and pay to the librarian of the division to which it belongs, for the use of the library, double the value thereof, or of the set to which it belongs if a set is broken by its loss, to be recovered by an action in the name of the people of the state, in any court of competent jurisdiction; and before the auditor shall issue his warrant in favor of any person authorized to take books from the library for the value of his services or amount of his salary, he shall be satisfied that such person has returned all books taken from the library, or settled for the same; otherwise he shall deduct all accounts for detention or injury of such books.

2136. The librarian shall, on or before the 20th day of December in each year, report to the governor the condition of the division under his charge, stating the number of volumes contained therein, the number of volumes purchased during the past year, and the cost thereof, the number of volumes received by donation, the number of volumes injured or not returned, if any, and the amount received in compensation therefor, and such suggestions and further information as may be deemed by him desirable.

2137. Two hundred dollars shall be annually paid out of the state treasury

for the use of the library, one-half for each division, which amount, together with the amounts received from fines and forfeitures, under this act, shall be annually expended in the purchase of additional books, under the direction of the board of directors.

2138. It shall be the duty of each librarian to cause each book in his division to be labeled with a printed or stamped label containing the words "Nebraska State Library," and also to write the same words on the thirtieth page of each volume.

2139. The directors of the law division of the state library may sell or exchange any surplus or duplicate sets of reports or law books in such division of the library, and use the money arising from such sale in purchasing other law books or reports for such library.

2140. If either librarian shall permit or allow any person not authorized by this act to remove a book from the library, he shall be liable, on conviction thereof, to pay a fine of not less than five nor more than fifty dollars for every book so taken.

2141. [Penalty.]-If any person not authorized by this act shall take a book from the library, either with or without the consent of the librarian, he shall, upon conviction thereof, be fined in any sum not less than ten nor more than fifty dollars for every book so taken.

2142. The librarian of the law division of the state library is hereby authorized and required to send one copy each of all reports, session laws, journals of senate and house of representatives, and any other books and pamphlets hereafter published for the use of the state of Nebraska, to every one of the states, for the use of their respective libraries.

Secs. 2143 to 2154. "An act to authorize incorporated towns and cities to establish and maintain free public libraries and reading rooms. 1877, p. 150. In force June 1.

2143. The city or town council of each incorporated city or town shall have power to establish and maintain a public library and reading room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund.

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2144. When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room under this act, they shall elect a library board of nine directors, to be chosen from the citizens at large, of which board neither the mayor nor any member of the city or town council shall be a member. Such directors, first elected, shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years from the first day of July following their appointment, and three directors shall be chosen annually thereafter, and in cases of vacancies by resignation, removal, or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as a member of such board, and such directors shall give such bond as the council may require.

2145. Such directors shall, immediately after their appointment, meet and organize by electing one of their number president and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations for their own guidance, and for the government of the library and reading room as they may deem expedient, subject to the supervision and control of the city or town council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting or con

struction of any library building, the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for that purpose.

2146. Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the library board, and shall not be used or disbursed for any other purpose.

2147. The library board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate building or buildings, for the use of such library; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appointments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading room.

2148. Every library and reading room established under this act shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the library board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and reading rooms, any person who shall willfully violate or refuse to comply with rules and regulations established for the government thereof.

2149. The library board shall, on or before the second Monday in June in each year, make a report to the city or town council, of the condition of their trust on the first day of June in such year, showing all moneys received or expended; the number of books and periodicals on hand; newspapers and current literature subscribed for or donated to the reading room department; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or missing; the number of visitors attending; the number of and character of books loaned or issued, with such statistics, information, and suggestions as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board.

2150. Any by-law or regulation established by the library board, may be amended or annulled by the council of said city or town.

2151. Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before the police judge, or any justice of the peace, or other court having jurisdiction; such action to be instituted in the name of the "library board of the city or town library," and moneys collected in such action shall be forth with placed in the city treasury to the credit of the library fund.

2152. Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city

or town.

2153. The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property.

2154. The library board shall have power to authorize any circulating library, reading matter, or work of art, of any private person, association, or corporation,

to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation, or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining, shall be subject to use and reading within the library room without charge by any person, an inhabitant of said city or town, and entitled to the use of the free library.

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CHAPTER 29.-LIENS.

MECHANICS-MATERIAL-MEN-LABORERS.

Secs. 2155 to 2168. "An act to provide a lien for labor performed and material and machinery furnished for the erection, reparation, or removal of any house, mill, manufactory, or building, or appurtenance." 1885, p. 275. In force March 4. (Repealed ch. 35, R. S. 1866, p. 257, and ch. 59, Laws 1881, p. 259.)

2155. Who entitled to liens.-Any person who shall perform any labor, or furnish any material or machinery or fixtures for the erection, reparation, or removal of any house, mill, manufactory, or building, or appurtenance by virtue of a contract or agreement, expressed or implied, with the owner thereof or his agents, shall have a lien to secure the payment of the same upon such house, mill, manufactory, building, or appurtenance, and the lot of land upon which the same shall stand.

The foreclosure of a lien is an equitable proceeding in which a jury cannot be demanded. 15, 437 (19 N. W., 644). In action to enforce mechanic's lien, the relief sought by enforcing the lien does not constitute a separate cause of action. 11, 395 (9 N. W., 475). Petition held good on demurrer. 11, 386 (9 N. W., 557). No lien attaches to public buildings. Subcontractor not entitled to lien unless principal is. 3, 408. Where liens filed against house on contract, land contract price first to be paid and then liens prorate. 28, 90 (44 N. W., 80). No lien attaches to public buildings. 2, 6. Mere inchoate right to lien not assignable. Must be perfected under statute before any interest passes. 21, 462 (32 N. W., 219). Explained. 28, 237 (44 N. W., 438). See 3, 452; 15, 33 (16 N. W., 759); 29, 569 (45 N. W., 784).

2156. How secured-Payment by owner.-Any person or subcontractor who shall perform any labor for, or furnish any material or machinery or fixtures for any of the purposes mentioned in the first section of this act, to the contractor or any subcontractor who shall desire to secure a lien upon any of the structures mentioned in said section, may file a sworn statement of the amount due him or them from such contractor or subcontractor for such labor or material, machinery or fixtures, together with a description of the land upon which the same were done or used, within sixty days from the performing of such labor or furnishing such material, machinery, or fixtures, with the register of deeds of the county wherein said land is situated, and if the contractor does not pay such person or subcontractor for the same, such subcontractor or person shall have a lien for the amount due for such labor or material, machinery and fixtures, on such lot or lots and the improvements thereon, from the same time and in the same manner as such original contractor, and the risk of all payments made to the original contractor shall be upon the owner until the expiration of the sixty days hereinbefore specified. And no owner shall be liable to any action by the contractor until the expiration of said sixty days, and such owner may pay such subcontractor or person the amount due him from such contractor for such labor and material, machinery and fixtures, and the amount so paid shall be held and deemed a payment of such amount to the original contractor. And in cases when a dispute arises between the contractor and his journeyman, or other persons, for work done or material furnished, the owner may retain the amount claimed by said subcontractor, or journeyman, or laborer until the dispute has been settled by arbitration or otherwise. Said sworn statement and claim of lien shall be by such register of deeds recorded in the same manner as other liens provided for by this chapter, and such lien shall remain in force for the same length of time as other liens provided for in this chapter.

Lien does not depend upon contract, expressed or implied, with owner or his agent. Act of 1881 (ch. 59) does not impair obligation of contract by reason of being applied to buildings contracted for when act took effect. 24, 113 (37 N. W., 931). Party who furnishes material but