52 FEDERAL nnroarns.
day of June. 1880. Said Banks 8a Bros. further agree to deliver to the secre-
tary of state, at the capitol, at Des Moines, 250 copies of each volume of said
Reports free of cost of publication or delivery, at the earliest practicable time,
and within 60 days after the delivery of the manuscript for any one copy of
such Reports to them; that they will stereotype the same, and at all times keep
said Reports on sale in the state of Iowa to residents of said state, for actual use,
at the price of 94 cents per volume, in suitable quantity, in the city of Des
Moines; that they will furnish the state any number of additional copies that
may be required for its own use, at said price, and will procure new stereotype
plates whenever the original plates shall become defaced or destroyed. The said
Banks dz Bros. further agree that they will not take out in their own name,
nor in the name of any other person than the secretary of state of the state
of Iowa, a copyright for any one of the volumes published under this contract,
but that they will take out the copyright in the name of the secretary of state
as aforesaid; and they hereby covenant that, in case they should take out a
copyright for any one of said volumes in the name of any other person than
said secretary of state, they will forfeit and pay to the state of Iowa the sum
of $2,000 for each breach of this contract. Said sum of $2,000 is hereby
agreed on as liquidated damages for each breach of said covenant.
It is further agreed by the said Banks & Bros. that if it is determined in
any action on their bond, given for the faithful performance of this contract,
that they have failed in any respect to comply with the provisions of said
chapter 60, or of this contract, the executive council may declare the contract
forfeited; and that upon such forfeiture so declared they will, upon demand,
transfer to the secretary of state of the state of Iowa, for the use of said state, .
the stereotype plates of each volume of said Reports published under this con-
tract, or, in default, will pay to the treasurer of the state of Iowa $2,000 for
each of such volumes, as liquidated damages for failure to make such transfer.
It is agreed on the part of the state of Iowa that the reporter make a volume
as provided for in section 1 of said chapter 60,—copies of such opinions,
with syllabus, with statement of facts involved, and legal propositions made
by counsel in the arguments. with authorities cited,-—and within 20 days
after the proof-sheets for a volume are furnished to said reporter at his oilice
in Des Moines, Iowa, by said Banks & Bros., it is agreed that said reporter
shall furnish to the said Banks & Bros. an index and table of cases to such
volume.
The said Banks & Bros. further agree to furnish to the reporter, as soon as
they may be issued, two copies of the revised proof-sheets of the opinions,
head·notes, indexes, and table of cases of each volume, for correction and ap-
proval by the judges of the supreme court, and will cause such corrections to
be made as indicated by the judges.
It is further agreed and understood that each of said volumes of Reports
shall contain not less than 750 nor more than 800 pages, exclusive of table
of cases and index, and said Banks St Bros. further undertake and agree that
the workmanship and quality of material in said volumes of Reports pub-
lished by them under this contract shall in every respect be equal to that of
the Hrst issue of volume 40 of Iowa Reports; and, fu1·ther, that each of said
volumes published under this contract shall be approved and accepted by a
majority of the judges of the said supreme court of Iowa.
It is further agreed that the said Banks & Bros., their successors and as-
signs, shall have the right to the exclusive publication and sale of each of
said volumes of Reports so long as they shall in all respects comply with the
requirements of the act hereinbefore mentioned in respect to the character,
sale, and price of such volume, and the copyright of the Reports published
under this contract shall rest in the secretary of state for the benelit of the
people of the state of Iowa, in accordance with section 2 of said act.
In witness whereof, the said Banks & Bros. and the executive council of