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LAWS IN FOECE 
 
 RELATING TO THE 
 
 STATE LIBRARY 
 
 Some Laws for the Benefit of* Free 
 Public Libraries. 
 
 CONCORD, N. H.: 
 
 EDWARD N. PEARSON, PUBLIC PRINTER. 
 
 18 9 4 . 
 
PRINTED BY 
 
 THE REPUBLICAN PRESS ASSOCIATION, 
 CONCORD, N. H. 
 
I s ^ Yy IZ 
 
 ozi.siz 
 4 11 
 
 LAWS I1ST FOECE 
 
 RELATING TO THE 
 
 NEW HAMPSHIRE STATE LIBRARY, 
 
 FREE PUBLIC LIBRARIES, ETC. 
 
 PUBLIC STATUTES, 1891, CHAPTER 8. 
 
 A 
 
 U 
 
 
 THE STATE AND OTHER PUBLIC LI- 
 BRARIES. 
 
 Section 
 
 1. State library, for whose use, and 
 
 when open. 
 
 2. Library, control of. 
 
 3. Trustees, appointment, removal, 
 
 and tenure of office of. 
 
 4. Trustees, duties of. 
 
 5. Books, etc., to be purchased for 
 
 library. 
 
 6. Trustees to designate who shall 
 
 receive state publications in ex- 
 change. 
 
 7. May suspend such benefits, when. 
 
 8. Surplus books or publications may 
 
 be sold by trustees. 
 
 9. Rare pamphlets, reprints of, 
 
 authorized. 
 
 10. Examination of library by trustees 
 
 semi-annually. 
 
 11. Trustees to make report to legisla- 
 
 ture biennially. 
 
 12. Librarian, duties of. 
 
 13. Cataloguing of books and record 
 
 of prices. 
 
 I Section 
 
 14. Record of books fallen from li- 
 
 brary. 
 
 15. Missing books to be recovered or 
 
 paid for by librarian. 
 
 I 16. Books, by whom taken, and under 
 what regulations. 
 
 17. Books to be taken only by delivery 
 
 of librarian. 
 
 18. School catalogues to be sent to 
 
 library. 
 
 19. Three thousand dollars annually 
 
 appropriated. 
 
 ******** 
 
 FREE PUBLIC LIBRARIES. 
 
 21. Library commissioners, appoint- 
 
 ment and tenure of office. 
 
 22. Their duties. 
 
 23. Same subject. 
 
 24. Towns, when entitled to benefits. 
 
 25. What aid to furnish. 
 
 26. Incidental expenses of commis- 
 
 sioners provided for. 
 
 THE STATE LIBRARY. 
 
 Section i. A state library shall be maintained in some place 
 provided therefor by the state, for the use of the governor and 
 council, officers of the state government, the legislature and the 
 clerks thereof, the judges of the supreme court, and such other 
 
4 
 
 NEW II AMES FIIK E 
 
 persons as the trustees may determine. It shall be kept open 
 every day, except Sundays and holidays. 
 
 Sect. 2. The library shall be under the management and con- 
 trol of three trustees, who shall serve without compensation 
 other than actual expenses incurred in the performance of their 
 duties. 
 
 Sect. o. They shall be appointed and may be removed by 
 the governor, with the advice of the council. One trustee shall 
 be appointed annually, and shall hold office for three years 
 unless sooner removed. Any vacancy shall be tilled by the 
 appointment of a trustee for the unexpired term. 
 
 Sect. 4. They shall make all purchases of books and sub- 
 scriptions for periodicals for the library; make all necessary 
 rules and regulations for its management and see that the same 
 are enforced ; appoint a librarian, fix his compensation, and 
 define his duties except so far as the same are prescribed by 
 law. 
 
 Sect. 5. They shall procure for the library full sets of the 
 statutes and law reports of the United States and of the several 
 states ; histories, including those of the counties and towns of 
 this state whenever published ; maps, charts, works on agri- 
 culture, political economy, the arts and natural sciences ; copies 
 of state papers and publications relating to the material, social, 
 and religious conditions of the people or bearing upon the busi- 
 ness and objects of legislation ; and such other works as they 
 may deem suitable, works of fiction excepted. 
 
 Sect. 6 . They may designate states, governments, institu- 
 tions, libraries, officials, and persons to be the recipients of the 
 publications of this state whenever they shall find that by 
 exchange or otherwise it will be to the advantage of the state 
 library. 
 
 Sect. 7. Whenever it shall be found by the trustees of the 
 state library that any state, government, department of govern- 
 ment, institution, or official to whom any or all of the publica- 
 tions of this state are sent, is not making fair or reasonable 
 return to the state library of this state of its publications or 
 other matter which is the subject of exchange, the trustees may 
 suspend such delinquents from the benefits of receiving all or 
 
LIBRARY LAWS. 
 
 iiny specified part of the publications of this state for such time 
 as they may deem advisable. 
 
 Sect. 8. They may dispose of the surplus state and other 
 publications deposited from time to time in the state library, 
 and of such other books, pamphlets, charts, and documents as 
 are unnecessary for the uses of the library, and use the proceeds 
 thereof for its benefit. 
 
 Sect. 9. They may authorize the public printer to reprint a 
 limited edition of pamphlets relating to official transactions and 
 matters of public interest in this state that have been hereto- 
 fore regularly published and have become rare, not exceeding 
 reprints of ten originals in any one year. They may sell at 
 cost and exchange for the benefit of the library such of the 
 reprints as are not needed to complete its sets. 
 
 Sect. 10. They shall at least twice each year examine care- 
 fully into the condition of the library, ascertain what books, 
 maps, charts, and papers are missing therefrom, furnish to the 
 librarian a list thereof, and cause such list and a statement of 
 the condition of the library to be entered upon their records. 
 
 Sect. 11. The librarian shall file with the secretary of state, 
 on or before the first day of October preceding each biennial 
 session, a report to the legislature giving a detailed statement 
 of the receipts and expenditures on account of the library, and 
 separate lists of all books, maps, charts, and other documents 
 lost, sold, purchased, and acquired by donation and exchange 
 since the last report, and containing such recommendations and 
 other matters as they may deem useful. 
 
 Sect. 12. He shall be sworn and shall hold office during the 
 pleasure of the trustees. He shall act as clerk of the trustees 
 and make a record of their proceedings, which shall be kept at 
 the library and be open to public inspection. 
 
 Sect. 13. He shall, under the direction of the trustees, enter 
 upon the catalogue all books belonging to the library, number, 
 label, and arrange them, and make a record of the prices paid 
 therefor. 
 
 Sect. 14. He shall keep a record of each book, map, chart, 
 or other document taken from the library, the name of the per- 
 son taking it, the time when taken, and when returned. 
 
<; 
 
 NKW HAMPSHIRE 
 
 Sect. 15. lie shall cause all books, maps, charts, and other 
 documents reported to him by the trustees as missing to be 
 returned to the library within thirty days after such report, or 
 pay the state the value thereof. 
 
 Sect. 16. The governor, councilors, members, and clerks of 
 the legislature, and the judges of the supreme court during the 
 terms of court may take books from the library ; and the trus- 
 tees may permit any persons to take books, maps, charts, and 
 other documents from the library at any time for a period not 
 exceeding twenty-four hours at a time, all subject to such reg- 
 ulations and limitations as they may impose. 
 
 Sect. 17. No book, map, chart, or other document shall be 
 taken from the library without the delivery thereof by the libra- 
 rian, nor until it has been entered by him upon a record kept 
 for that purpose. 
 
 Sect. 1<S. The principal of each college, academy, seminar} 7 , 
 or other institution of learning incorporated by the laws of this 
 state, shall annually, and before the first day of November of 
 each year, forward to the state librarian for the state library, 
 two copies, and to the New Hampshire Historical Society two 
 copies of each printed catalogue of its officers and students and 
 courses of studies published during the year ending on that 
 date. 
 
 Sect. 19. The sum of three thousand dollars is appropriated 
 annually for the library, to be expended under the direction of 
 the trustees in procuring books, maps, charts, and other doc- 
 uments for the library, in binding and preserving books, pam- 
 phlets, and other documents therein, and in purchasing furniture 
 and other necessary conveniences therefor. 
 
 * -x- * * -X- 
 
 free public libraries. 
 
 Sect. 21. The governor, with the advice and consent of the 
 council, shall appoint four persons, residents of the state, who 
 together with the state librarian shall constitute a board of library 
 commissioners. The governor shall designate the chairman 
 thereof. Two members of the board shall be appointed for the 
 term of four years and two for two years, and thereafter the 
 
LIBRARY LAWS. 
 
 term of office of the commissioners shall be two years. All 
 vacancies on the board shall be filled by the governor, with the 
 consent of the council. 
 
 Sect. 22. The librarian or trustees of any free public library 
 may ask the board for advice in regard to the selection of books, 
 cataloguing of books, and any other matters pertaining to 
 the maintenance or administration of the library ; and the board 
 shall give such advice in regard to the matters as it shall find 
 practicable. The board shall make a report of its doings to the 
 legislature biennially, which shall be printed in the report of the 
 state librarian. 
 
 Sect. 23. The board is hereby authorized and directed to 
 expend, upon the application of any town having no free public 
 library owned and controlled by the town, a sum not exceeding- 
 one hundred dollars for books for such town entitled to the ben- 
 efits of these provisions, such books to be used by the town for 
 the purpose of establishing a free public library ; and the 
 commissioners shall select and purchase all books to be so 
 proA r ided . 
 
 Sect. 24. No town shall be entitled to the benefits of these 
 proAdsions relative to free public libraries, until such town has 
 accepted the pixmsions at a regularly called town meeting, and 
 until the town shall have provided in a satisfactory manner to 
 the board of commissioners for the care, custody, and distribu- 
 tion of the books furnished in accordance therewith. 
 
 Sect. 25. Any town accepting the provisions aforesaid shall 
 annually appropriate for the use and maintenance of its free 
 public library, a sum not less than fifty dollars if its last assessed 
 A^aluation was one million dollars or upward, or a sum not less 
 than twenty-free dollars if the valuation was less than one mil- 
 lion and not less than two hundred and fifty thousand dollars, or 
 a sum not less than fifteen dollars if the valuation was less than 
 two hundred and fifty thousand dollars. 
 
 Sect. 26. No member of the board of commissioners shall 
 receive any compensation, but the board may expend a sum not 
 exceeding three hundred dollars 1 annually for clerical assistance 
 and incidental and necessary expenses in the discharge of its 
 
 1 Increased to $500 by ch. 77, Laws of 1893. 
 
8 
 
 NEW HAMPSHIRE 
 
 duties; and all sums expended under these provisions relative to 
 free public libraries shall be paid from the state treasury after 
 the bills therefor have been approved by the board and by the 
 governor and council. 
 
 Chapter 5, Section 14. 1 The distribution and exchange of 
 publications of the state, except to the general court, and to 
 officials and municipalities of the state and where otherwise pro- 
 vided, shall be made through the state library. The secretary of 
 state upon their receipt shall deliver them to the state librarian, 
 who shall make the exchange and distribution. 
 
 Chapter 6, Section 8 . * * * Two hundred additional 
 copies [of printed bills of the legislature] together with five 
 copies of each daily paper containing the official report of the 
 legislative proceedings shall be provided for preservation and 
 exchange in the state library. 
 
 Chapter 5, Section 7. * * * The publisher [of each 
 weekly newspaper in the state publishing the laws] shall, with- 
 out further compensation, beginning with the first number of the 
 volume of such publication next after the passage of this act, 
 send one copy of the newspaper regularly to the state library. 
 And see chap. 5, sect. 7, V. 
 
 Chapter 43, Section 16. The chairman of the board of 
 selectmen of towns and of commissioners of village districts 
 shall transmit to the state librarian * * * two copies of all 
 
 printed reports of the officers of their respective towns and 
 village districts immediately after the same are published. 
 
 Chapter 208, Section 11. The clerk [of court] shall furnish 
 to the state library copies of all reserved cases at the same time 
 they are furnished to the court, and shall also furnish to the 
 library a statement of the final order made in each case 
 immediately after it is made. 
 
 Chapter 287, Section 6. The prevailing party in an action 
 transferred to the law term of the supreme court shall be entitled 
 to tax and recover of the adverse party, for the brief of his 
 counsel, a reasonable sum not exceeding fifteen dollars to be 
 
 References, unless otherwise indicated, are to the Public Statutes. 
 
LI lilt ARY LAWS. 
 
 9 
 
 allowed by the court, if a copy of the brief was furnished to 
 each member of the court, * * * and the state library 
 within thirty days after the printed case was distributed, or the 
 case was in order for briefs, but not otherwise. 
 
 Chapter 148, Section 20. The directors and other officers of 
 nil corporations doing business in the state shall transmit to the 
 librarian of the state library copies of all printed reports made 
 by them in relation to the affairs of the corporations, immediately 
 after the same are published. 
 
 Chapter 43, Section 3. * * * He [town clerk] shall 
 
 annually, and before the first day of September, make returns to 
 the state librarian of the names and post-office addresses of the 
 trustees, officers, and librarians of all public libraries within the 
 town or city. Any town clerk who neglects to make reports as 
 required by this section shall be subject to pay a fine of twenty 
 dollars for each failure, one half for the use of the department 
 to which he fails to report, and the other half for the use of the 
 town. 
 
 Distribution of Documents (chap. 5, sect. 13). 
 
 Remainder of editions, after certain distributions, to be trans- 
 ferred to the state library by the secretary of state : N. H. 
 Laws (chap. 5, sect. 6) ; U. S. Laws (chap. 5, sect. 8) ; 
 Annual Report (chap. 5, sect. 11) ; N. H. Reports (chap. 15, 
 sect. 13) ; County Reports, consolidated (chap. 30, sect. 1) ; 
 State and Provincial Papers (Pamphlet Laws, 1881, chap. 123) ; 
 Rebellion Records (Pamphlet Laws, 1885, chap. 12, sect. 2). 
 To be purchased and delivered to state library : Histories of 
 N. H. Regiments and Military Organizations five copies of each 
 (Pamphlet Laws, 1887, chap. 145) ; also for the state libraries 
 of other states, fifty copies of each (Pamphlet Laws, 1889, 
 chap. 128). 
 
I 0 
 
 NEW HAMPSHIRE 
 
 LAWS OF 1893, CHAPTER 31. 
 
 AN ACT IN AMENDMENT OP CHAPTER 8 OF THE PUBLIC STATUTES 
 RELATIN'! ; TO THE ADMINISTRATION OF THE STATE LIBRARY. 
 
 Section Section 
 
 1. Town or city clerk must report to 5. Penalty. 
 
 state librarian concerning local ! 6. Extra copies of state publications; 
 libraries. proviso. 
 
 2. Local librarian must supply infor- 7. Provisions for supplemental cata- 
 
 mation to clerk. logue. 
 
 3. Every library open to the public, 8. Assistance to librarian provided. 
 
 a public library. 9. Repealing section. 
 
 4. Officers mustfurnish printed reports 10. Takes effect. 
 
 to clerk. 
 
 Be it enacted by the Senate and House of Representatives in 
 General Court convened : 
 
 Section 1 . Every city or town clerk shall, within thirty clays 
 after the annual town or ward meeting, report to the state libra- 
 rian the name of any public library within the city or town ; the 
 names and postoffice addresses of all the officers of each ; the 
 manner of election or appointment of the same ; the town, per- 
 son, or persons in whom the ownership of said library is vested ; 
 for whom the beneficiary use is provided ; and the number of 
 volumes owned by said library. He shall make like report of 
 the names of officers elected or appointed at any other time, 
 immediately after their election or appointment ; and if there is 
 no public library within the city or town he shall annually, 
 within said time, notify the state librarian of the fact. 
 
 Sect. 2. Whenever the information necessary for such report 
 is not accessible to the city or town clerk, the librarian of any 
 such library shall seasonably supply the same to said officer, or 
 in case of a vacancy in the office of librarian, some other officer 
 or director of the library shall supply the same ; and the libra- 
 rian or director of every public library shall, on or before the 
 first day of April in each year, make such additional report 
 concerning such libraries as may be required by the state libra- 
 rian, to be forwarded him without delay, bv the city or town 
 clerk to whom it is made. 
 
LIBRARY LAWS. 
 
 1 1 
 
 Sect. 3. For the purposes of this act, every library regularly 
 open to the public, or to some portion of the public, with or 
 without limitations, shall be considered a public library, 
 whether its ownership is vested in the town, in a corporation, 
 in an organized association, or in an individual or individuals. 
 
 Sect. 4. The chairmen of the board of selectmen, of school 
 boards, village commissioners, and all other public officers of 
 the city or town organization shall promptly supply the city or 
 town clerk of their respective places of office with four copies of 
 any report made by them and printed, and such city or town 
 clerk shall, without delay, forward two copies of the same to 
 the state librarian, and two copies to the New Hampshire His- 
 torical Society at Concord. 
 
 Sect. 5. Any city or town clerk or other public officer, or the 
 officer or owner of any public library, failing to comply with 
 the law as herein provided shall be liable to the fine provided in 
 chapter 43, section 3, of the Public Statutes. 
 
 Sect. 6. The trustees of the state library may inform the 
 secretary of state of the number of copies of any publication of 
 the state that may be required for sale or exchange for the 
 benefit of the state library, and the same shall be printed, 
 bound, and delivered to the state librarian in addition to the 
 number otherwise required by law ; provided, however, that 
 such requisition shall be made while the work may be done 
 without extra expense on account of composition, and provided 
 that the several state departments shall not receive a less num- 
 ber of copies for official distribution than is now authorized by 
 law. 
 
 Sect. 7. The trustees of the state library are authorized to 
 cause the present system of entry of accessions by classes to be 
 omitted from the report of the librarian, and an alphabetical 
 catalogue of books received for the period covered by each 
 report to be regularly substituted therefor, so far as such books 
 or pamphlets have been entered in the official catalogue, so that 
 each report may be a printed supplement to the catalogue, 
 provided that a catalogue of books shall be first made and 
 printed. 
 
 Sect. 8 . The librarian shall be allowed such assistance in 
 
12 
 
 NEW HAMPSHIRE 
 
 arranging, cataloguing, and maintaining tlie library in the new 
 library building as shall be necessary, and the expenses be paid 
 from the treasury after approval by the trustees. 
 
 Sect. 9. All parts of chapter 8 of the Public Statutes and of 
 other acts inconsistent with the provisions of this act are hereby 
 repealed. 
 
 Sect. 10. This act shall take effect upon its passage. 
 
 Approved March 22, 1893. 
 
 LAWS OF 1891, CHAPTER 14. 
 
 % 
 
 AN ACT IN AID OF THE PUBLIC LIBRARIES OF THIS STATE. 
 
 Be it enacted by tlie Senate and House of Representatives in Gen- 
 eral Court convened : 
 
 Section 1 . The secretary of state shall procure and furnish 
 to each public library in this state and the Soldiers’ Home one 
 copy of each history of New Hampshire organizations in the 
 War of the Rebellion which is not out of print, and has been or 
 may hereafter be published in accordance with the provisions of 
 existing laws. 
 
 Sect. 2. This act shall be in aid only of such libraries as are 
 regularly open for the use of the public in the towns and cities 
 where they may be located, and which are duly designated as 
 public libraries entitled to receive state publications by the gov- 
 ernor and council, in accordance with existing laws, on the first 
 day of February next following the publication of such history. 
 
 Sect. 3. This act shall take effect upon its passage. 
 
 [Approved March 12, 1891.] 
 
4 
 
 NEW HAMPSHIRE LIHKARY LAWS. 
 
 as may be necessary for the suitable accommodation ; and for 
 the compensation of such officers or agents as may be necessa- 
 rily employed in the establishment and management of such 
 library. 
 
 Sect. 2. Every public library established under the provisions 
 of this act shall be open to the free use of every inhabitant of 
 the town or city where the same exists, for the general diffusion 
 of intelligence among all classes of the community, subject to 
 such rules and regulations for the well ordering and careful pres- 
 ervation thereof as may be established and ordained by such 
 town or city. 
 
 Sect. 3. Any town or city may receive, hold, and possess, or 
 sell and dispose of, all such gifts, donations, devises, bequests 
 and legacies as may be made to such town or city, for the pur- 
 pose of establishing, increasing, pr improving any such public 
 library ; and may apply the proceeds, interest, rents, and profits 
 accruing therefrom, in such manner as will best promote the 
 prosperity and utility of such library. 
 
 Sect. 4. Every town or city in which a public library shall be 
 established under the provisions of this act, shall be entitled to 
 receive annually a copy of the laws, journals, and all other 
 works published by authority of the state, for the use of such 
 library, and the secretary of state is hereby authorized and 
 required to furnish the same from year to year to such town or 
 city. 
 
 Sect. 5. This act shall take effect from and after its passage. 
 
 [Approved, July 7, 1849.] 
 
 This law is now reenacted in the Public Statutes, ch. 40, ss. 3-7; ch. 5, ss. 6, 8, 
 10, 11. Ch. 15, s. 13; See, also, Pamphlet Laws, 1881, ch. 123; 1885, ch. 12, s. 2; 1887, 
 ch. 145. Corporations may be formed to establish libraries, Public Statutes, ch. 
 147, s. 1, 2; injury to property of libraries punished, ch. 266, s. 26. 
 
LIBRARY LAWS. 
 
 CHAPTER 126 . 
 
 JOINT RESOLUTION RELATING TO THE RELIEF OF STATE LIBRARIES 
 BY THE GENERAL GOVERNMENT. 
 
 Whereas, The national government lias thus far not given to 
 the state and territorial libraries the aid and assistance which it 
 is desirable should be given ; therefore, be it 
 
 Resolved , That congress should provide : 1 . For free trans- 
 
 portation by mail of all books and all printed matter between 
 state libraries; 2. By international arrangement for free trans- 
 portation of books and other printed matter between state libra- 
 ries and departments of foreign governments ; 3. For a lower 
 rate of postage on books ; 4. That the privilege now enjoyed by 
 the library of congress and by societies, colleges and schools in 
 the exemption of books from* import duties, should be extended 
 to state libraries. 
 
 Resolved , That our senators in congress be instructed and our 
 representatives be requested to use all reasonable efforts to 
 accomplish the purposes set forth in these resolutions. 
 
 [Approved April 11, 1891.] 
 
 LAAVS OF 1849, CHAPTER 861. 
 
 Section 
 
 1. Towns or cities may raise money 
 
 to establish public libraries. 
 
 2. Libraries to be free. 
 
 3. Towns or cities may receive gifts, 
 
 &c., for library. 
 
 Section 
 
 4. Libraries established under this 
 
 act to receive laws, journals, &c. 
 
 5. Act to take effect from and after 
 
 its passage. 
 
 Section 1. Be it enacted by the Senate and House of Repre- 
 sentatives in General Court convened , That any town in this 
 State, at any legal meeting notified and holden for the purpose, 
 and the city council of any city in this state, may raise and 
 appropriate money to procure books, maps, charts, periodicals, 
 and other publications for the establishment and perpetual main- 
 tenance within the limits of such town or city of a public library ; 
 for the purchase of such lands and the erection of such buildings