Page:Revised Codes of the State of North Dakota 1895.pdf/1524

§§ 8563-8566 § 8563. Rights to be reserved in contract of lease. In every contract or lease made pursuant to the authority conferred by this article there shall be reserved to the board of trustees of the penitentiary, and to the warden and to each and every one of his subordinates, full power and authority to prevent said contractors or lessees demanding from, or imposing upon the laborers so contracted for or leased, any unusual or severe labor, or any labor whereby the health or safety of any laborer may be impaired or jeopardized; and the warden may from time to time prescribe all needful rules and regulations for the government and conduct of such contractors or lessees, their overseers and agents in their relations to the inmates of the penitentiary, and may require and enforce the summary dismissal of any individual employed by any contractor or lessee, in or about the penitentiary, whenever it shall appear that the presence or conduct of such individual is prejudicial in any way to the discipline of the penitentiary, or the welfare of the inmates thereof.

§ 8564. Security to be required from lesbee. Adequate security to the state of North Dakota, by bond, to be approved by the board of trustees, shall be exacted of all contractors or lessees, for the faithful performance of all the provisions of the contracts or leases on their part to be performed; and the board of trustees, each member thereof and the warden and his subordinates, shall use their utmost endeavors to have all the terms and conditions of any such contract or lease fully complied with; but no contractor or lessee shall have or claim from the state of North Dakota, or from the board of trustees or any member thereof, or from the warden or any of his subordinates, or from any of the funds of the penitentiary, any damages whatever, either by way of recoupment or set-off, or otherwise in law or equity, for or on account of the failure or neglect of the warden or his subordinates, to furnish to such contractor .or lessee the full amount of labor or the full number of laborers specified in any such contract or lease.

§ 8565. Trustees may control warden regarding contract. The board of trustees of the penitentiary are empowered fully to control and direct the warden in the exercise of the authority conferred upon him, in regard to all contracts and leases for the labor of persons confined in the penitentiary, and of shop room, machinery and power, and may whenever, in the judgment of the board of trustees, it is impracticable or disadvantageous to the state to continue to furnish any laborers, shop room, machinery or power, to any contractor or lessee, order and direct the cancellation of any such contract or lease, and thereupon after six months' notice to such contractor or lessee, all obligations of the board of trustees or the members thereof and of the warden and his subordinates, and the state under such contract or lease, shall cease and determine, and such contractor or lessee shall not have or be entitled to any compensation whatever, for or on account of such cancellation, either by way of damages, or recoupment or set-off, or otherwise in law or equity.

§ 8566. Leases in triplicate. Disposition of. Proposals invited. All contracts or leases for the hiring or leasing of the labor of persons confined in the penitentiary, and of shop room, machinery and power, or any of them, shall be executed in triplicate, and on behalf of the state by the warden in the name of the state, and in writing, and one copy thereof delivered to the contractor or lessee, one copy to the state auditor and one copy retained by the

1490