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At adjourned sessions tenders shall be opened and considered.
If no tender is made or proposal approved of by sessions, work may be given in charge to district surveyor.
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87. At the meeting of each such adjourned presentment sessions as aforesaid the secretary of the grand jury shall in open court produce, duly numbered and arranged, and with the seals unbroken, all the tenders and proposals which may have been delivered to him, and shall open consecutively all those relating to the same public work; and so soon as the lowest proposal made for the performance of each such work shall be ascertained, the party making such proposal, and his surety, shall be called; and if the said party and his sureties shall appear, and shall satisfy the justices and cess-payers at such sessions, upon oath or otherwise, of the sufficiency and ability of each and every of them to answer and make good the penalty herein-before specified for the nonperformance of such contract, and that such proposal has not been made for any unfair or fraudulent purpose, and shall thereupon enter into security for the due performance of such contract, conditioned in such penalty as aforesaid, in the form set forth for that purpose in the schedule No. 13, such proposal shall be accepted, and the party making the same shall be declared entitled to execute the work to which such proposal may refer, unless there shall appear some reason for rejecting it; but if the party making such proposal, and his sureties, shall not appear when called, or shall fail to satisfy the justices and cess-payers at such sessions in any of the particulars aforesaid, or shall decline to enter into such security as aforesaid, or if the presentment sessions shall see cause to reject it, then and in such case the proposal of the party making default as aforesaid shall be deemed null and void to all intents and purposes whatsoever, and the next lowest proposal shall be ascertained and dealt with in the same manner, and so on till the said security shall be entered into and the contract duly completed: Provided always, that if no proposal shall be made in respect of any work within the time limited for receiving such proposals, or if no proposal or tender shall be approved of by the presentment sessions, it shall and may be lawful for the said presentment sessions, if they think proper, to give such work in charge to the district surveyor, with power to expend a sum not exceeding the maximum fixed as aforesaid; and such surveyor shall cause such work to be executed, and shall account for the execution thereof to the finance committee in manner herein-after directed.
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