Page:United States Statutes at Large Volume 18 Part 1.djvu/838

 766 'I‘rrm¤ xLvr.—·THE POSTAL SERVICE.-—Ch. 8. sufficiency efsuer- guarantors or sureties before the guarantee or contract is signed by the s June, 1872, p. certificate, shall be forthwith dismissed from office, and shall be deemed 335.s. 247, v. 17, 1>- guiltv of a misdemeanor, and be punishable by a fine of not more than 313- _ one thousand dollars, or by imprisonment for not more than one vear-, or- 23 June, 1814, c. by both ‘ 456, s. 12, 1-. 18, p. . · 235. 12 .-lug., 1876, c. 260, r. 19, p. 129. Bids to be re- Sec. 3948. The Postmaster-General shall have recorded, in a book to °°1`d°d and P"' be kept for that purpose, a true and faithful abstract of all proposals PEL_ .- made to him for carrying the mail, giving the name of the party offering, 8 June. 1872. C- the terms of the offer, the sum to be paid, and the time the contract is to {;3g»°·2‘*8·"· 17·P· continue; and he shall put on file an preserve the originals of all such '1 ‘ proposals. Contracts to Sec. 3949. All contracts for carrying the mail shall be in the name of lowest bidder- the United States, and shall be awarded to the lowest bidder tendering `fgy §jg_` sufficient guarantees for· faithful performance, without other reference to ’ the mode of transportation than may be necessary to Iprovide for the due celerity, certainty, and securit thereof; but the ostmaster-General shall not be bound to consider tlile bid of any person who has willfully ornegligently failed to perform a former contract. Ccmbinptionsiv bac. 3950. No contract for carrying the mail shall be made with any 1[°}'§“f;"dj _ person who has entered, or proposed to enter, into any combination to Ibid., s. 250. prevent the making of any bid for carrying the mail, or who has made any agreement, or· given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract; and if any person so offending is a contractor for carrying the mail, his contract may be annulled; and for the first offense the person so offending shall be disqualified to contract for carry- ing the mail for five years, and for the second offense shall be forever disqualified. Failureotbidder Sec. 3951. After any regular bidder or contractor for the transportato €lY° b°¤d9 P'°‘ tion of the mail upon any route shall have failed to enter into contract, a_ and commence the performance thereofas herein provided, the Postmaster- Ibid., s. 251. General shall proceed to contract with the next lowest bidder for such J3 ·’*3'g» ls;; °· service, who will enter into a contract and perform the same, unless the 235 " '°‘ ’p' Postmaster-General shall consider such brd too high, in which case he ii_4ug_,1e7e,c_ shall re-advertise such service. And in all cases of re ular contracts 260, r. 19, p. 129. hereafter made the contract may, in the discretion of the Postmaster- General, be continued in force beyond its express terms for a period not exceeding six months, until a new contract with the same or other contractors shall be made by the Postmaster-General. The Postmaster- General may contract, without advertisement, for a period not to exceed twelve months, for the carriage of the mail on such route during the time that shall necessarily elapse between the failure of either of the accepted bidders to enter into a contract and the time when the next accepted bidder under the old or a new advertisement shall enter upon his contract; and the difference between the price pro sed in the accepted bid and that paid for intermediate service slrall dfcharged to the failing bidder or idder·s, and may be recovered in the name of the United States for the use of the Post-Office Department, in an action on the case. And when the contract shall be made and concluded, the difference between the accepted bid of the failing bidders and the amount ayable under the contract for the service of two years shall be forthwith charged against the failing bidder or bidders; and an action for such sum in the nature of liquidate damgges shall accrue to the United States for the use of the Post-Office epartment immediately upon the execution of the final contract. And both causes of action mentioned in this section may be joined in one suit. Release of bid- Sec. 3952. No bidder for carryin the mail shall be released from his <l¢¥¤%__ __ obligation under his bid or proposal? notwithstandin an award made to _P* Jqne. 1872. C. a lower bidder, until a contract for- the desi natedg service shall have gig; “· *5* V- 17» P- been duly executed by such lower bidder and his sureties, and accepted,
 * “*°"· _ guarantors or sureties, or shall knowingly make any false or illusory