BANKS v. WEST PUBLISHING G0. 55
shall agree to publish and sell the same on the terms most advantageous to
the people of this state, at a price not to exceed two dollars per volume of
the size and quality as provided for in this act. And if any such volume
shall, in any way, or from any cause, contain more than 800 pages, no in-
creased or additional price shall be charged therefor.
Seo. 4. The executive council shall. commencing in the first week in April,
A. D. 1880, and every eight years thereafter, advertise weekly in six different
newspapers in diffe1·ent localities in this state, for the term of six weeks, that
sealed proposals will be received at the office of the secretary of state for pri nt·.»
ing, publishing, and selling the said Reports for the term of eight years next
after the first day of J une of said year, at a certain rate per volume, to be
stated in said proposal, not exceeding the maximum price fixed by this act,
and in accordance with the provisions of this act.
Sec. 5. Each bidder shalleleposit with the state treasurer the sum of $1,000
before making his proposal, to be forfeited to the state in case he shall not
make a contract according to his proposal if accepted, and according to the re-
quirements of this act, and shall take a receipt from said treasurer, and de-
posit the same with his proposal, and upon entering into the contract herein
provided, or upon the proposal being rejected, the said sum shall be returned.
Sec. 6. The successful bidder shall enter into a contract that he will pub-
lish the Supreme Court Reports of the state, of the quality, style, and char-
acter in all respects as set out in section 1 of this act; that he will publish
and deliver to the secretary of state, at the capitol in Des Moines, 250 copies
free of cost for publication or delivery, at the earliest practicable time, and
within 60 days after the delivery of the manuscripts for any one copy of such
Reports to the publishers; that he will stereotype the same, and at all times
keep the same on sale in the state of Iowa to residents of this state for· actual
use at the contract price, in suitable quantities, in the city of Des Moines;
that he will furnish the state any number of additional copies that may be
required for its own use at the contract price, and procure new stereotype
plates whenever the original plates shall become defaced or destroyed; and
the said contract shall fully provide for the carrying into eifect of all the pro-
visions of this act, and shall be made within 30 days after he is notified of
the acceptance of his proposal.
Sec. 7. The successful bidder shall, at the time of making his contract, ex-
ecute and file with the treasurer of state a bond in the penal sum of $10,000,
conditioned to fulfill such contract in all particulars, with at least two suf-
licient sureties, residents of this state, to be approved by the executive coun-
cil of the state. Such bond shall, by its terms, be the joint and several obliga-
tions of the persons executing it. If the successful bidder shall fail to com-
plete his contract, or shall forfeit the same for any cause, the executive
council shall relet the contract as soon tliereafter as practicable, in the man-
_ ner provided in this act: provided, however, that such bidder, in lieu of sure-
ties to such bond, may deposit therewith bonds of the United States, payable
to the bearer, amounting to not less than $10,000.
Sec. S. The contract of the successful bidder required by this act shall con-
tain, among others, the following covenants on his part: First. That he will
not take out in his own name, nor procure to be taken out in the name of any
person other than the secretary of state of this state, a copyright upon any
volume of the Supreme Court Reports published under such contract; and
that, upon any breach of this covenant, he will pay to the treasurer of this
state the sum of $2,000 as liquidated damages. Second. That in case it shall
be determined in any action upon the bond of such contractor that he has
failed in any respect to comply with the provisions of this act or his contract,
the executive council may declare the contract forfeited; and that, upon such
forfeiture so declared, such contractor will, upon demand, transfer to the sec-
retary of state of this state, for the use uf the state, the stereotyped plates