Vermont farmer. [volume] (Newport, Orleans County, Vt.) 1870-1877, 1873-04-25

cred, and the frequency of the service; and
the Postmaster General shall direct, by spe-
cial order in each case, the newspapers In
which mail-lettings or other proposals rela-
tive TO the business Of his Department, shall
be advertised, and no publisher shall he paid
for such advertisements without having been
requested by the Postmaster General to pub
lish the same
SEC. 2i4. That proposals for carrying the
mail shall be delivered sealed, and so kept
until the bidding is closed, and shall then be
opened and marked in the presence Of the
Postmaster General, and one Of the Assist
ant Postmnsters General, or of two of the
Assistant Postmasters General. or Of any
other two officers Of the Department, to he
designated by the Postmaster General; and
any bidder may withdraw his bid ut any
time before twenty-four hours previous To the
time fixed for the opening Of proposals, by
serving upon the Postmaster General or the
Second Assistant Postmaster General, no.
tice in writing of such withdrawal
SEC. 2l5. That every proposal for carrying
the mail shall DO accompanied by written
guarantee, signed by one or more RESPONSE
bic persons, and undertaking that, within
such time after the bid is accepted rs the
Postmaster General may prescribe, the bid
der will enter into mn obligation, with good
and sufficient suretics, TO perform the SER
vice proposed; and no proposals shall he
considered unless accompanied by such guar
antee.
SEC. GAG That each bid for carrying the
mail shall hereafter have affixed to Il the
oath OF the bidder, taken before an officer
qualified to administer oaths that he has the
ability pecuniarily to fulfil his obligations,
and that the bid Is made in good faith and
with the intention to enter into contract and
perform the service, IN case his bid shall be
accepted; and that the signatures of his guar
antors are genuine, and that he believes said
gunrantors pecuniarily responsible for and
able TO pay NIL damages tho United States
shall suffer by reason Of the bidders failing TO
perform his obligations us such bidder.
SEC. 247. That any postmaster or other
officer of the Post-Office Department who
shall ailiN his signature to the certificate of
sufficiency Of guarantors or sureties before
the guaranty or contract is signed by the
guarnntors or sureties, or shall knowingly
make any false or ilusory certificate, shall
be forthwith dismissed from office, and shall
be deemed guilty Of n misdemeanor, and
shall, on conviction thereof, be punished by
~ fine not exceeding one thousand dollars, or
by Imprisonment not exceeding one year,
or both
SEC. 2ls. That the Postmaster General
shall have recorded in book to be kept for
that purpose, true and faithful abstract OF
all proposals made to him for carrying the
The terms OF the offer, the sum to be paid,
and the time the contract is to continue; and
he shall put ON file and preserve the originals
of all such proposals.
SEC. 2i9. That all contracts for carrying
the mai! shall be IN the name of the United
States, and shall be awarded to the lowest
bidder rendering sufficient guarantees for
faithful performance, without other reference
to the mode of transportation than may he
necessary to provide for the due celebrity,
certainty, and security thereof; but the Post
master General shall not De bound to con-
slider the bid of any person who has wiliully
or negligently failed to pc rform n former
contract.
SEC. $50. That no contract for carrying
the mail shall be made with any person who
has entered, or proposed to enter, into any
combination TO prevent the making OF any
bid for carrying the mail, or who has made
any agreement. or given or performed, or
promised TO give or perform, any considera-
ton whatever 20 induce any other person not
to bid for any such contract; and If any per-
son so offending Is contractor for carrying
the mail. his contract may be annuled; and
for the first ofiense the person so offending
shall DO disqualified to contract for carrying
the mail for five years, and for the second Of
Tense shall be forever disqualified.
SEC. ISL. That after any regular bidder
or contractor for the transportation ofthe
mail upon any route shall have failed to en-
ter into contract, and commence the perform
ance thereof rs herein provided, the Post
master General shall proceed TO contract
with the next lowest bidder for such service,
who will enter into contract and perform
the same, unless the Postmaster General
shall consider such bid too high, in which
case he shall re-advertise such service. And
in all cases of regular contracts hereafter
made the contract may, in the discretion of
the Postmaster General, be continued in force
beyond its express terms for a period not cN-
ceeding six months, until n new contract
with the same Or other contractors shall he
made by the Postmaster General. The Post
master General may contract, without adj
Vertisemcnt, for n period not 10 exceed twelve
months. for the carriage of the mail on such
route during the time that shall necessarily
elapso between the failure Of either of the
accepted bidders to enter into n contract and
the time when the next accepted bidder un-
der the old or new advertisement shall
enter upon his contract; and the difference
between the price proposed in the accepted
bid and that paid for intermediate service
shall be charged to the failing bidder or bid
ders and may be recovered IN the name OF
the United States for the use of the Post
Office Department, in an action on the case.
And when the contract shall bo made and
concluded, the difference between the accept
cd bids Of tho failing bidders and the amount
paynble under the contract Tor the service OF
two years shall be forthwith charged against
the failing bidder or bidders and An action
for such sum in the nature of liqudatcd
damages shall accrue to the United States
for the use Of the Post-Oflice Department
Immediately upon the execution of the final
contract. Aud both causes If action mention
ed in this section may be joined in one suit.
SEC. 252 That no bidder for carrying the
mails snail be- released from his obligation
under his bid or proposal, notwithstanding
AN award made to lower bidder, until a
contract for the designated service shall
have been duly executed by such lower bid
der and his sureties, and accepted, and the
service entered upon by the contractor to the
satisfaction of the Postmaster General
SEC. 1853 That hereafter all bidders upon
every mail route for the transportation ol
the mails upon the same, where the annual
conversation for the service on such route
Mt the time exceeds the sum of five thousand
dollars, shall accompany their bids with u
certified check or draft, payable to the order
of the Postmaster General upon some solvent
national bank, which check or draft shall
not be less than five per centum on the
amount of the annual pay on said route at
the time such bid IS made; and in case oil
new service, not less than five per centum OF
the amount of one years pay proposed ~
such bid, IL the bid exceed five thousand dol
lars per annuni. In case any bidder, on be-
ing awarded any such contract, shall fail Il
execute the same, with good and sufficient
suretes, according to the terms on which
such bid WAS made and accepted, and Cntel
upon the performance of the service to thu
satisfaction OF the Postmaster General, sucl
bidder shall forfeit the amount so deposited
to the United States, and the same shall
forthwith be paid into the treasury for the
use of the Post-Oiiice Department; but i
such contract shall be duly executed and tn,
service entered upon rs aforesaid, such draf
or check so deposited shall be returned t
the bidder.
SEC. 25i. That any person or persons bid
ding for the transportation Of the mails upol
any route which may he advertised to be let
and receiving an award of the contract fol
such service, who shall wrongfully refuse o
fail TO enter into contract with the Postmas
ter General in due form, and perform the
service described in his or their bid or pro
posal, shall be deemed guilty ola misdemean
or, and, on conviction thereof, be punished
by n fine not exceeding five thousand dollar