The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1891-04-16

and shall be accompanied with speci
men copies of each and all books pro
posed to be furnished: Provided, i
shall be required of the bidders to de
post with the treasurer of the stat,
such sum of money as the board MAY
require, not less than $500 and no
more than $25OO, according to tn.
number of books each bidder
may propose to supply. Such
deposit shall be forfeited to the state
absolutely if such bidder so depositine
any sum shall fail to make and exc
cute such contract and bond as herein
required within such time as the board
may require, which time shall be
stated in the notice advertised. All
bids shall be deposited sealed with the
comptroller of the state, to be by him
delivered to the board when they are
in session for the purpose of consider
.ng the same, when they shall be
opened in the presence of the board.
Whenever any person has been
awarded contract and filed his bond
and contract with the board, the said
board shall make an order on the
treasurer of the state reciting such
fact, whereupon the treasurer shall
return the deposit of such successful
bidder; but if any such successful
bidder shall fail to make and execute
the contract and bond as hereinbefore
required, the treasurer shall place
such special deposit in the state treas
ury to the credit ofthe available school
fund, and the board shall readvertise,
if they conclude to do so, for other bid
ders to supply such books,
which the successful bidder may have
failed to supply. All successful bid
ders shall have their special deposits
returned to them as soon as the
board has decided not to accept their
bids. All books selected and adopted
by the board shall be printed or
written in English. The board may
stipulate in contract for supplying
books as herein provided that the con-
tractor or contractors shall exchange
the contract books for al! books actu-
ally in use, and for which purpose the
value of the books in use shall be de-
Quoted from the contract price of the
new books provided. The successful
bidder to supply any books, who may
have. awarded to him or them any
contract, shall, within the time fixed
by the board, enter into contract, and
shall make and execute a good and
sufficient bond, payable to the State
of Texas, and in the sum of not less
than $4,000, signed by not less than
three solvent sureties, who shall be
residents of the State of Texas, to he
approved by the governor, which said
bond may be put in suit at any time
upon suggestion of the board. Such
bond shall be conditioned that the
contractor or contractors faithfully
and honestly perform the conditions
of the contract. Said contract and
bond shall be prepared by the attor-
ney-general and be made to conform
to the requirements of this act.
Sec. 3. 1t shall be the duty of said
board to meet at the time and place
mentioned in such notice, and open
and examine all sealed proposals re-
CT ived pursuant to the notice provided
for in section 2 of this act; and it
shall be further their duty to
make full, complete, and thorough
Investigation of all such bids, and to
ascertain under which of said bids the
school books could be furnished to the
people of this state for common school
ute at the lowest price, taking into
consideration the size and quality as
to matter, material, style of binding,
and mechanical execution of such
books. And in case of failure to com.
ply with said contract the board may
cancel the ontract so broken: Pro-
vided, that the board and the con-
tractor agreeing to furnish the state
as the board may deem proper and to
the interest of the state. And it is
further provided, that the contract
pri of each book shall be plainly
printed on the back of each book by
the publisher or party furnishing the
same.
Sec. 4 1t shall be part of the terms
and conditions of every contract made
10 pursuance OF this act that the State
of Texas shall not be liable to any
contractor hereunder for any sum
whatever, but all such contractors
shall receive their pay and compensa-
ton solely and exclusively from the
proceeds of the sale of the books as
provided for in this act. And it is
hereby provided, that the state shall
have the right to terminate said con-
tract whenever the law is repealed, or
so amended, altered, or qualified as to
make necessary or expedient that
such contract should he reyoked and