Page:Revised Codes of the State of North Dakota 1895.pdf/1516

§§ 8531-8533 tendent, in the presence of the board of trustees and such bidders as may desire to be present, and submitted to said board. The board of trustees and the warden or superintendent, as the case may be, sh all thereupon ascertain from the proposals submitted the person persons offering the best terms and award the contract accordingly; provided, it shall appear that said proposal is as low as the fair market price, but in case no proposal is accepted notice may again be published and all proceedings had anew as herein before provided; and provided, further, that the person or persons whose proposal or proposals are so accepted shall execute a written contract with the state in accordance with such proposal or proposals and give bond to the state with good and sufficient sureties, to be approved by the warden, or superintendent for the performance of such contract. The notice herein before provided for shall require said bond and specify its amount, to be twice the estimated value of the articles, supplies or materials to be contracted for, but in no case shall the amount of said bond exceed the sum of three thousand dollars. The said notice shall reserve the right to accept or reject any bid or part of a bid, and require each proposal to be accompanied by a certified check for at least one hundred dollars, payable to the order of the warden or superintendent, to be forfeited to the state in case the person or persons whose proposal or proposals are accepted shall fail to execute the contract and give the bond as hereinbefore provided within fifteen days after notice of said acceptance, or otherwise in case said contract is executed and bond given or in case a proposal is not accepted, to be returned to the bidder. Any and all proposals not deemed advantageous to the state may be rejected.

ARTICLE 1.- THE WARDEN AND OFFICERS OF THE PENITENTIARY AND THEIR DUTIES.

§ 8531. Officers of penitentiary. Residence. The officers of the penitentiary shall be one warden who shall be its general superintendent and secretary of the board of trustees, one deputy warden who shall be chief turnkey, one bookkeeper who shall be assistant gatekeeper, and such other officers, guards. overseers, agents and employees as may be necessary. The warden and deputy warden shall reside at the penitentiary.

§ 8532. Appointment of officers. Term of office. The board of trustees of the penitentiary shall appoint the warden and may remove him at any time. The term of office of the warden, unless sooner removed by the board of trustees, shall be two years and until his successor is appointed and qualified. All other officers and employees shall be appointed by the warden, subject to the approval of the board of trustees, and shall hold office during the pleasure of the warden.

§ 8533. Warden, how shall qualify. Other officers. The warden shall, before entering upon the duties of his appointment, execute a bond. jointly and severally, with two or more sureties, to be approved by the board of trustees, in the penal sum of fifteen thousand dollars, to the state of North Dakota and conditioned to the effect that he will faithfully and impartially perform the duties imposed upon him by such appointment and according to law, and that he will, at all times, faithfully account for all moneys and property that shall come to his hands or under his control by virtue of

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