lish the decision in a particular case, which the court specially directs him to report. He must prepare for each volume and cause to be published therewith, the usual headnotes, table of contents and index. [Code Civ. Pro., § 249, rewritten. The provision of § 249 that the supreme court reporter shall not receive a salary is omitted, as under the scheme of this article a supreme court reporter hereafter appointed is to be paid a salary by the state. § 165.] § 173. Contract for publishing supreme court reports.-A supreme court reporter hereafter appointed shall from time to time, on behalf of the people of the state, contract for the publication of the appellate division reports, supreme court, after advertising and receiving proposals therefor. Such a contract must require the publisher to furnish to the secretary of state the number of copies required for distribution as herein provided, and also to publish and sell reports on terms most advantageous to the public, at a price not to exceed two dollars per volume of not less than seven hundred pages. The contract must provide for the publication of the reports for five years from the execution thereof. The supreme court reporter may, by a written instrument filed in the office of the secretary of state, annul such a contract from a time specified in the instrument, whenever, in his judgment, it is not being faithfully kept by the publisher, and thereupon he may enter into a new contract. Each contract and each annulment thereof must be approved by the presiding jus tice of the appellate division of the supreme court of the third department. [This section is new, following the provisions of law appli cable to the state reporter and miscellaneous reporter. The maximum price per volume will, under a contract, doubtless be reduced to about seventy-five cents per volume as in the case of the reports of the court of appeals. Code Civ. Pro., § 250, now requires the reporter to keep the supreme court reports on sale at a price not exceeding $2 per volume of not less than 700 pages.] § 174. Duty of miscellaneous reporter.- The miscellaneous reporter shall report every opinion involving a question of law, concurred in by a majority of the court in the general term of the city court of New York, in the surrogate's courts, and such other opinions as the public interests, in his judgment, requires, in causes decided in any court of record of this state, other than the appellate division of the supreme court, and the court of appeals. The miscellaneous reports shall not contain the points of counsel or authorities cited by them, except where the miscellaneous reporter shall otherwise direct in a particular case, but the names of the counsel appearing in the case may be printed in connection therewith. [L. 1892, ch. 598, §§ 1, 3; R. S., 9th ed., 2875, in part, § 175. Papers and opinions to be furnished to miscellaneous reporter. A judge of any court, the opinions of which are authorized or required to be published in the miscellaneous reports, shall, on request, furnish a copy of any opinion written by him, to the miscellaneous reporter on payment of the expense of copying the same, not exceeding eight cents per folio. Each counsel who argues or submits a cause at the general term of the city court of the city of New York, shall deliver to the clerk thereof a duplicate of each paper furnished for the use of the court, and such clerk shall immediately after the adjournment of the term, transmit the same to the miscellaneous reporter, or his repre sentative, together with a certified copy of all the decisions rendered at such term. [L. 1892, ch. 598, §§ 1, 5; R. S., 9th ed., 2875, in part, rewritten. The price of copies of opinions reduced from ten to eight cents a folio, to conform to the price paid by the supreme court reporter.] § 176. Contracts for publishing miscellaneous reports. The miscellaneous reporter shall from time to time on behalf of the people of the state contract for the publication of the miscellaneous reports, after advertising and receiving proposals therefor. Such a contract must require the publisher to furnish to the secretary of state the number of copies required for distribution as herein provided, and also to publish and sell reports on terms most advantageous to the public at a price not to exceed two and a half dollars per volume, of not less than seven hundred pages. The contract must provide for the publication of the reports for five years from the execution thereof. The miscellaneous re porter may, by a written instrument filed in the office of the secre tary of state, annul such a contract from a time specified in the instrument, whenever, in his judgment, it is not being faithfully kept by the publisher, and thereupon he may enter into a new contract. Each contract and each annulment thereof must be approved by the presiding justice of the appellate division of the supreme court of the third department. [L. 1892, ch. 598, § 2; R. S., 9th ed., 2875, rewritten. The number of pages is increased from five to seven hundred. The contract or an annulment thereof is required to be approved by the presiding justice of the appellate division, third department.] § 177. Advance sheets of reports.- Each court reporter may cause advance sheets of the reports to be published at not more than fifty cents per volume. The state reporter, the supreme court reporter and the miscellaneous reporter may make such provision as to them may seem reasonable, but without expense to the state, for the publication in serial form from week to week of the decisions to be reported by them, as soon as they shall be rendered. [Code Civ. Pro., § 250, requires advance sheets of the appellate division to be published at not to exceed fifty cents per volume. L. 1892, ch. 598, § 2, requires the miscellaneous reports to be issued in semi-monthly parts. Also L. 1894, ch. 387.] § 178. Reporters not to be interested in contracts.-Neither the state reporter, a supreme court reporter hereafter appointed, nor the miscellaneous reporter, shall have any pecuniary interest in a contract for the publication of the reports. The reports of the appellate divisions of the supreme court shall continue to be published according to the terms and conditions of the contract therefor heretofore made by the supreme court reporter and in force on the first day of March eighteen hundred and ninety-eight until the expiration thereof, unless annulled pursuant to law, but such contract shall not be extended nor renewed, nor a new contract made for such publication, for a time beyond the expiration of the term of the supreme court reporter in office when this chapter takes effect. [Code Civ. Pro., § 211, as to state reporter, L. 1892, ch. 598, § 2, as to miscellaneous reporter. The section is new as to a supreme court reporter hereafter appointed.] § 179. Copyright of reports.-Any person may publish opinions of the court of appeals, of the appellate division of the supreme court published by a reporter hereafter appointed, or of any court whose opinions are required or permitted to be reported in the miscellaneous reports, but neither the state reporter, a supreme court reporter hereafter appointed, nor the miscellaneous reporter nor any other person, shall obtain a copyright thereof. The copyright of the statement of facts, of the headnotes and of all other notes or references prepared by the state reporter, by a supreme court reporter hereafter appointed, or by the miscellaneous reporter must be taken by and vested in the secretary of state for the benefit of the people of the state. [Code Civ. Pro., § 212, as to state reporter. L. 1892, ch. 598, § 6, as to miscellaneous reporter. New as to supreme court reporter hereafter appointed.] § 180. Delivery of papers to successor.-A reporter must, upon the appointment of his successor, deliver to him all papers in his hands pertaining to a cause which he has not reported, or which are not necessary to be retained by him to complete the publi cation of a volume which is then partly printed, but a paper specified in this section or a copy thereof shall not be delivered to any person other than such successor or the publisher of a partly printed volume, except that a copy thereof may be furnished by the reporter after his term has expired, and during a vacancy in the office, to a judge of the court, or to the attorney for the party to the cause to which it relates. [Code Civ. Pro., §§ 214, 215, as to state reporter. L. 1892, ch. 598, § 6; R. S., 9th ed., 2877, as to miscellaneous reporter. The section is also made applicable to supreme court reporter.] § 181. Delivery of opinions to clerk of court by state reporter.— The state reporter must deposit with the clerk of the court, all opinions delivered to him which are not to be reported immediately after the publication of the reports of the other causes decided at the same time. They must be properly filed and preserved by the clerk. [Code Civ. Pro., § 216, rewritten, without intended change of substance.] § 182. Distribution of court reports. Each reporter shall without charge, distribute copies of each volume of the reports published by him as follows: 1. To the state library, three. 2. To the consultation library of the court of appeals, one. 3. To each judge of the court of appeals, for the library assigned to him, one. 4. To each appellate division library, one. 5. To each judicial district library, one. 6. To the senate and assembly libraries, each two. 7. To each justice of the supreme court and to each county judge, one. 8. To the attorney-general's library, one. 9. To each county clerk, for the county law library, one. |