designated in such warrant, which warrant must be paid out of such fund. History: Enacted March 23, 1907, Stats. and Amdts. 1907, p. 983, Kerr's Stats. and Amdts. 1906-7, p. 59. In effect from and after passage. All the pro § 761. PROVISIONS MADE APPLICABLE. visions of section seven hundred and fifty-four preceding, relating to settlements by the clerk of the supreme court, are hereby made applicable to the clerk of the district courts of appeals. History: Enacted March 23, 1907, Stats. and Amdts. 1907, p. 984, Kerr's Stats. and Amdts. 1906-7, p. 59. In effect from and after passage. ARTICLE II. REPORTERS OF THE SUPREME COURT. $767. Reporter of decisions of supreme court and district Phonographic reporters, appointment and terms. General duties of reporter of decisions. Same. [Preparation of report; correction and approval.] Justices must supervise publication. [Filed opinions not $ 768. $769. § 770. § 771. § 772. § 773. 8 774. $ 775. § 782. [Reporter must verify code citations and correct errors.] Original papers. Style and copyright of reports. Contract for publishing. Proceedings if no contract made. [Publication by state printer.] § 767. REPORTER OF DECISIONS OF SUPREME COURT AND DISTRICT COURTS OF APPEAL; APPOINTMENT AND ASSISTANTS. The reporter of the decisions of the supreme court and of the district courts of appeal, and not more than three assistant reporters thereof, shall each be appointed by the supreme court, and shall each hold office and be removable at the pleasure of the supreme court. History: Enacted March 12, 1872; amended March 21, 1878, Stats. 1877-8, p. 389; March 18, 1905, Stats. and Amdts. 1905, p. 220. As to appointment of deputy, see Const. 1879, art. VI, § 21; Hen. G. L. p. lxxxv. As to fundamental provision for publication of opinions, see Const. 1879, art. VI, § 16, Hen. G. L. p. lxxxiv. As to salary of reporter, see ante § 739. Original section superseded by Const. art. VI, § 21 (Hen. G. L. p. lxxxv), providing for appointment of reporter by supreme court and making term of office at pleasure of such court. § 768. AFFIDAVIT TO BE MADE BY APPOINTEE (repealed). History: Enacted March 12, 1872; repealed March 21, 1878, Stats. 1877-8, p. 389. § 769. PHONOGRAPHIC REPORTERS, APPOINTMENT AND TERMS. The supreme court may also, in like manner, appoint two phonographic reporters for the court, to hold office at its pleasure. History: Enacted March 12, 1872; amended March 27, 1897, Stats. and Amdts. 1897, p. 209. It is § 770. DUTIES OF PHONOGRAPHIC REPORTER. the duty of the phonographic reporter to attend upon the court during its sessions, and to: 1. Note the points made by counsel in oral arguments; 2. To take down all opinions of the court delivered orally; 3. Write out his notes in longhand, upon the order of the court, and deliver such writing to the reporter of the decisions of the court; 4. Perform such other duties as may be imposed upon him by the court or a justice thereof. History: Enacted March 12, 1872. § 771. GENERAL DUTIES OF REPORTER OF DECISIONS. The reporter of the decisions of the supreme court must prepare a report of such cases decided as he may by the court be directed to report. History: Enacted March 12, 1872. § 772. SAME. [PREPARATION OF REPORT; CORRECTION AND APPROVAL.] He must, from the notes delivered to him by the phonographic reporter, prepare a report of each of the cases included therein, and after preparing such report, must submit it to the court for correction and approval. History: Enacted March 12, 1872. § 773. REPORTS, MANNER AND FORM OF. Each report must be made in manner and form as the court may direct. History: Enacted March 12, 1872. PUBLICATION. § 774. JUSTICES MUST SUPERVISE [FILED OPINIONS NOT TO BE CHANGED. ALL OPINIONS TO BE PRINTED IN FULL.] The reports are to be published under the general supervision of the supreme court, which may correct clerical errors in the opinion as filed, or authorize the same to be corrected; but may not in any manner alter the written opinion as to substance, argument or authority cited, or omit any portion of the opinion as filed. All opinions filed must be printed in full in the law reports. Proof sheets of the opinions must be furnished by the official reporter to the supreme court from time to time as the cases are set up in galleys and corrections made. History: Enacted March 12, 1872; amended April 21, 1909, Stats. and Amdts. 1909, p. 1022. § 775. PROOF SHEETS. [REPORTER MUST VERIFY CODE CITATIONS AND CORRECT ERRORS.] Within thirty days after such proof sheets are received by the supreme court, the justices of the supreme court must return them to the official reporter with such corrections as they may desire, and the official reporter must make the corrections accordingly. Before sending proof of any opinion to the supreme court or to the justices thereof, the official reporter shall carefully read the proof and cause all clerical errors to be corrected; he shall carefully verify all code citations found in the opinion, and in case of error or mistake in the citation of the same in the opinion as filed, he shall call the attention of the supreme court to the same by noting the proper section and code on the margin of the proof, and the supreme court or a justice thereof shall authorize the proper correction to be duly made. History: Enacted March 12, 1872; amended April 21, 1909, Stats, and Amdts. 1909, p. 1023. § 776. ORIGINAL PAPERS. The reporter may take the original opinions and papers in each case from the clerk's office, and retain them in his possession not exceeding sixty days. History: Enacted March 12, 1872. § 777. STYLE AND COPYRIGHT of REPORTS. The reports must be published in well-bound volumes, and must be printed on good book paper, in small pica leaded, and brevier, equal in quality of paper and binding to volumes thirty-three to thirty-nine, inclusive, of California Reports. History: Enacted March 12, 1872; amended March 24, 1874, Code Amdts. 1873-4, p. 68; March 30, 1874, Code Amdts. 1873-4, p. 12. The original section was amended by two acts in 1874, neither of which referred to the other. The act last passed reads as follows: "The reports must be published in wellbound volumes, and must be printed on good book paper, in long primer leaded, except the title page, the table of cases, the synopsis, and index. The reporter must copyright each volume of the reports in his own name, but such copyright shall be the property of the state." Opinions of justices of supreme court and of district courts of appeal and the work of a salaried official reporter, are not copyrightable for benefit of state or of a private publisher.See 128 U. S. 244, 254, bk. 32 L. ed. 425, 9 Sup. Ct. Rep. 36. § 778. CONTRACT FOR PUBLISHING. The reporter shall have no pecuniary interest in the volumes of reports, but they must be published under the supervision of the court and reporter, by contract, to be entered into by the reporter, secretary of state, and attorney-general, with the person or persons who shall agree to publish and sell the said reports, for a period of ten years, on the terms most advantageous to the state and the public, and at a rate not to exceed four dollars per volume of seven hundred pages. History: Enacted March 12, 1872; amended March 24, 1874, Code Amdts. 1873-4, pp. 68, 69. § 779. PROPOSALS AND AWARD. Before entering into said contract, it shall be the duty of the secretary of state to advertise for proposals for the publication of said reports, for thirty days, in one daily paper in Sacramento, and one daily paper in San Francisco. It shall be the duty of said reporter, secretary of state, and attorney-general, to consider all proposals for the publication of said reports which may be made to them, and to award the contract to the person or |