The Birmingham age-herald., 1907-08-29

hSleTS or prOpOSerS to whom the con
 tracts have been awarded, and 1t shall
 be the duty of the Attorney General of
 the state to prepare the said contract or
 contracts in accordance with the terms
 and provisions of this act, and the said
 contract shall be executed by the Cover
 nor and Secretary of State with the seal
 of the State attached upon the part of the
 State of Alabama, and the said contract
 shall be executed in n/triplicate, one copy
 to be kept by the contractor, one copy
 by the Secretary of the Textbook Com
 mission, and copied in full In the minute
 book of said Commission, and one copy
 to be filed in the office of the Secretary
 of State. At the time of the execution of
 the contract aforesaid the contractors
 shall enter into a bond in the sum of not
 less than $lO,OOO nor more than s3o000 pay
 able to the State of Alabama, the amount
 of said bond within said limits to be fixed by said Commission conditioned for the faithful, honest and exact performance
 of the contract and shall further pro-
 vide for the payment of reasonable attor-
 neys fees in case of recovery in any
 suit upon the same, with three or more
 good solvent sureties, actual citizens and residents of the State of Alabama
 or any guaranty company authorized 10 do business in the State of Alabama may become surety on said bond, and it shall 1 be the duty of the Attorney General to 1 prepare said bond and approve the same | provided, however, that said bond shall ! not be- exhausted by a single recovery
 but may be sued on from time to time 1 until the full amount shall be recovered 1 and the said Commission may at any ! time, by giving thirty days notice, re- / qure additional security, or additional bond, within the limit prescribed. And when any person, firm or corporation
 shall have been awardedM contract and
 submitted herewith the bond as required hereunder the Commission, through It's
 Secretary. shall inform the Treasurer to
 return to such contractor the cash de-
 posit made by him. and the said Commis 1 sion, through It's Secretary shall inform | the Treasurer of the names of the un- l successful bidders or proposers, and the Treasurer shall, upon receipt of his notice return to them the amount deposited In cash by them at thektme of the submis
 sion of their bid, but should any person, firm, company or corporation fall or re- fuse to execute the contract and submit
 herewith 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, (provided the mailing of the reg fctaraa bo1 ba ot.iH that the notice was given and receiVed),
 the cash deposit will be deemed, and is hereby declared forfeited to the State of Alabama, and 1t shall be the duty of the
 Treasurer to place such cash deposit in
 the Treasury of the State to the credit of
 the general school fund, and provided,
 further, that any recovery had on any
 bond given by any contractor shall inure
 to the benefit of the said fund of the
 State and when collected shall be placed
 fin the Treasury to the credit of the said
 fund and be prorated among the several
 counties of the State.
 Sec. D. That the books furnished under
 any contract shall at all times during
 the existence of the contract be equal to,
 In all respects, the specimens or sam
 pie copies furnished with bids, and it
 shall be the duty of the Secretary 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 sample copies of all books
 which have been the basis of any con
 tract, together with the original bid or proposal, 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 always be open to the inspection of the public. It
 shall be the duty of all contractors to | print plainly on the back of each book the contract price, well as the ex- change price at which 1t Is agreed to be furnished, but the books submitted as specimens or sample copies with the
 original bids shall not have the price
 printed on them before they are submit ted to the Commission. And the said Textbook Commission shall not in any
 case contract with any person or pub
 fisher for the use of any books which are
 to be 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 furnished by said person or publisher under contract to any State county school district in l the United States under like conditions | prevailing in this State and under this
 act. And it shall be stipulated in each | contract that the contractor has never | der contract any State county or school
 district in the United States, where like conditions prevail, as are prevailing in this State under this act, the same book i or books, as are embraced in said con-
 tract and the said Commission is here by authorized and directed, at any time they may find that any book has been furnished at a lower price under con tract to any State. county or school dis trict aforesaid to sue upon the bond of said contract and recover the difference
 between the contract price and the lower price at which they find the book or books have been sold and in case con- tractor shall fall to execute specifically
 the terms and provisions of his contract, said Commission is hereby authorized,
 empowered and directed to bring suit up- on the bond of such contractor for the | recovery of all damages, the suit to be in the name of the State of Alabama, and : the recovery for the benefit of the pub ! lie school fund but nothing in this act