The Montgomery advertiser., 1907-08-29
GENERAL LAWS
Enacted by the Legislature of Alabama.

| within said limits to be fixed by said
 Commission conditioned for the faith f ful, honest and exact performance of l the contract, and shall further provide
 for the payment Of reasonable attor- ney's fees in case of recovery in any suit upon the same, with three or more good solvent shreties, actual citizens | and residents of the State of Alabama. or any guaranty company authorized to
 do business in the State of Alabama
 may become surety on said bond. and 1t shall be the duty of the Attorney
 General to prepare said bond and ap- ! prove the same. provided, however,
 that said bond shall not be exhausted l by single recovery. Lat may be sued
 on from time to time until the full lamountN shall be recovered, and the said Commission may at any time. by Siving thirty days notice require ad- l ditional security, or additional bond, within the limit prescribed. And when any person, firm or corporation, shall have been awarded 6 contract and sub
 mitted herewith the bond as requlr- l ed hereunder, the Commission, through Its Secretary, shall inform the Treas
 urer to return to such contractor the cash deposit made by him, and the said Commission, through it's Secretary,
 shall inform the Treasurer of the
 names of the unsuccessful bidders or
 proposers, and the Treasurer shall. up- | the amount deposited in cash by them
 at the time of the submission of their bid. but should any person. firm, eom- pany or corporation fail or refuse to execute the contract and submit there-
 with his bond as required by this act. within thirty days of the awarding of the contract to him, and the mailing of the registered letter containing the
 notice ,tprovided the mailing of the registered letter shall be sufficient ev- | fdence that the notice was given and received) the cash deposit will be | deemed, and is hereby declared for feited to the State Of Alabama. and 1t
 shall be the duty of the Treasurer to place such cash deposit in the Treas ury of the State to the credit of the l general school Fund. and provided fur 1 ther, that any recovery had on any bond given by any contractor shall in- ure to the benefit of the said fund of the State and when collected, shall be placed in the Treasury to the credit
 of the said fund and be prorated among | the several counties of the State.
 l Sec. 5. That the books furnished un- l der any contract shall at all times dur ing the existence of the contract be ! equal to, in all respects. the specimens
 or sample copies furnished with bids,
 and it shall be he duty of the Secre-
 tary of State to carefully preserve in ! his office as the standard of quality
 and excellence to be maintained in such books during the continuance of
 such contracts the specimens or sam ! pie copies of all books which have
 been the basis of any contract. to- | gether with the original bid or pro
 posal and the contractor shall also | furnish each County Superintendent Of Education like specimen or sample copies which shall be preserved by him
 in like manner. and the same shall al- l ways be open to the inspection of the public. It shall be the duty of all con- l tractors to print plainly on the back
 of each book the contract price, as
 well as the exchange price at which 1t | is agreed to be furnished, but the l books submitted as specimen or sam i pie copies with the original bids shall
 not have the price printed on them be- | fore they are submitted to the Com l mission. And the said Textbook 1 Commission Shall not in any case con- | tract tn any person or publisher for 1 the use of any books which are to | he sold to patrons or used In any pub lie school in this State, at a price
 above or in excess of the price at
 which such book or books are furn- | ished bv said person or publisher under contract to any State, county or school l district in the United States under like l conditions prevailing In this State and under this act. And 1t shall be stip- ulated in each contract that the con | tractor has never furnished and is not l now furnishing under contract any | State, county or school district in the | United States, where like conditions prevail as are prevailing in this State 1 under this act, the same book or books, as are embraced in said con- 1 tract, and the said Commission is here | by authorized ans directed, at any time
 they. may find that any book has been
 furnished at lower price under con | tract | any State county or school dis 1 trict aforesaid, to sue upon the bond | of said contract and recover the dtf- l ference between the contract price
 and the lower price at which they find 1 the book or books have been sold, and
 in case a contractor shall fail to exc 1 cute specifically the terms and pro-
 visions of his contract said Commis-
 sion is hereby authorized, empowered
 and directed to bring suit upon the | bond of such contractor for the recov- | cry of all damages, the suit to be in
 the name of the'Sta.e of Alabama, and
 tho recovery for the benefit of the pub lie school fund, but nothing in this act l shall be construed so as to prevent l said Commission and any contractor
 agreeing thereto. from in any manner | changing or altering any contract, pro-
 vided that a majority of the Commis-
 sion shall agree to the change and
 think it advisable and for the best in-
 terest of the public schools of the State. In all matters unless otherwise
 provided a majority of said Commis-
 sion shall control.
 Sec. 6. That 1t shall always be
 part of the terms and conditions of | every contract made in pursuance of
 this Act, that the State of Alabama | shall not~be liable to any contractor
 in any manner. in any sum whatsoever,
 but all such contractors shall receive
 their pay or consideration in compen- . sation solely and exclusively derived | from the proceeds of the sale of books,
 as provided for in this Act Provided. | further, that the Commission shall | stipulate in the contract for the sup | plying of any book as herein provided l that the contractor or contractors shall | take up the school books now in use | in this State, and receive the same in l exchange for new books at price not less than fifty per cent of the contract
 price Provided. that such exchange ' period shall not continue longer than | one year from the date of contract. And each person or publisher making
 bid for the supplying of any book or | hooks under this Act shall state in such | bid or proposal the exchange price at | which such book or books will be fur 1 nished,
 Sec. '. That the Text Book Commis 1 sion shall have and reserve the right to
 reject any and all bids or proposals If l they shall be of the opinion that any 1 or all should for any reason be reject 1 ed And in case they fail from among
 +ba bIds or nronosals to select or adopt