4077. CONTRACTS MAY BE CHANGED OR ALTERED. Nothing in this chapter shall prevent the commission and any contractor agreeing thereto from in any manner changing or altering any contract, if four members of the commission shall agree to the change and think it advisable and for the best interest of the public schools of the State.

1901, c. 1, s. 9.

4078. BookKS MUST COME UP TO SAMPLE. The books furnished under any contract shall at all times during the existence of the contract in all respects be equal to the specimen or sample copies furnished with the bid.

1901, c. 1, s. 9.

4079. BOND OF CONTRACTOR. At the time of the execution of the contract the contractor shall enter into a bond in the sum of not less than ten thousand dollars, payable to the State of North Carolina, the amount of the bond within such limits to be fixed by the commission, conditioned for the faithful, honest and exact performance of his contract, and shall further provide for the payment of reasonable attorneys' fees in case of recovery in any suit upon the same, with three or more good and solvent sureties, actual citizens and residents of this State, or any guaranty company authorized to do business in this State may become the surety on such bond; and it shall be the duty of the Attorney-General to prepare and approve such bonds. The commission may at any time, by giving thirty days' notice, require additional security or additional bond.

1901, c. 1, ss. 8, 9.

4080. ACTIONS ON THE BOND. In case any contractor shall fail to execute specifically the terms and provisions of his contract, the commission is hereby empowered and directed to bring an action upon the bond of such contractor for the recovery of any and all damages. Such action shall be in the name of the State of North Carolina, and the recovery shall be for the benefit of the public-school fund of the State and counties, and when collected shall be placed in the treasury of the school fund. The bond shall not be exhausted by a single recovery, but may be sued on from time to time until the full amount thereof shall be recovered. And it is expressly provided that should any party contracting to furnish books, as provided for in this chapter, fail to furnish them or otherwise break his contract, in addition to the right of the State to sue on the bond hereinabove required, the chairman of the

county board of education or any member thereof may sue in the name of the State in the courts of the State having jurisdiction, and recover on such bond the full value of the books so failed to be furnished, for the use and benefit of the school fund of the county. In all such cases service of process may be made on any agent of the contractor in the county, or if no agent is in the county, then service may be made on any agent in charge of any depository, and such service shall be and stand in the place of service on the defendant contractor.

1901, c. 1, ss. 8, 9, 13.

4081. DEPOSITS BY BIDDERS, WHEN RETURNED AND WHEN FORFEITED. When any person shall have been awarded a contract and shall have given the bond required, the commission, through its secretary, shall so inform the Treasurer of the State, and it shall then be the duty of the Treasurer to return to such contractor the cash deposit made by him; and the commission, through its secretary, shall inform the Treasurer of the names of the unsuccessful bidders or proposers, and the Treasurer shall, upon the receipt of this notice, return to them the amounts deposited by them in cash at the time of the submission of their bids. But should any person fail or refuse to execute a contract and give the bond, as required by this chapter, within thirty days after the awarding of the contract to him and the mailing of the registered letter containing notice thereof, which shall be sufficient evidence that the notice was given and received, the cash deposit shall be deemed and is hereby declared forfeited to the State of North Carolina, and it shall be the duty of the Treasurer to place such cash deposit in the treasury of the State, to the credit of the school fund. 1901, c. 1, s. 8.

4082. PRICES TO BE PRINTED ON BOOKS. It shall be the duty of all contractors to print plainly on the back of each book the contract price, as well as the exchange price at which it is agreed to be furnished, but the books submitted as sample or specimen copies with the original bid shall not have the price printed on them before they are submitted to the subcommission; and all books shall be sold to the consumer at the retail contract price, and on each book shall be printed the following: "The price fixed hereon is fixed by State contract, and any deviation therefrom should be reported to your county superintendent of public instruction or to the State Superintendent at Raleigh."

1901, c. 1, ss. 9, 13, 19.

4083. AGENCIES FOR THE DISTRIBUTION OF BOOKS TO PATRONS OF PUBLIC SCHOOLS; PENALTY. There shall be maintained in each county in the State not less than one and as many more agencies as the commission, upon recommendation of the county board of education, shall order, to be located at such points as the county board may recommend, for the distribution of books to the patrons, or the contractor shall be permitted to make arrangements with merchants or others for the handling and distribution of the books; and parties living in the county where no agency has been established or no arrangement made for distribution may order the same from one of the contractors, and it shall be the duty of the contractor or contractors to deliver any book so ordered to the person ordering, to his post-office address, freight, express, postage or other charges prepaid, at the retail contract price, if the price of the books so ordered shall be paid in advance. The contractors shall maintain one or more joint State depositories at some convenient distributing point or points in the State, at which shall be kept at all times an ample supply of all adopted books for the convenient and expeditious supply of books to the local depositories in the various counties of the State. Whenever demanded and certified by the county superintendent of public instruction of any county to be necessary, to secure and keep on hand an ample supply of books at any local depository, the contractors shall furnish books to such local depository upon consignment. And every contractor shall be required to keep on hand at all times at every established agency in every county an ample supply of books to meet all demands of patrons and purchasers, and upon failure to do so, or upon failure to establish agencies when ordered to do so by the commission, as directed herein, the contractor shall be liable to a penalty of five hundred dollars for each and every failure to comply with the provisions of this section, to be sued for by the Attorney-General in the name of the State in the Superior Court of the county of Wake, for the benefit of the school fund of the county injured by such failure; and if any contractor against whom judgment shall be obtained for such penalty shall fail to pay the same within thirty days after the docketing thereof, he shall forfeit his contract, and the commission shall so declare, and shall thereupon proceed to make a new contract for books with some other contractor. The county superintendent shall notify the contractors annually of the date of opening the public schools, at least thirty days before they

open.

1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1, par. (1).

BY

4084. CONTRACT PROCLAIMED BY GOVERNOR; NOTICES ISSUED STATE SUPERINTENDENT. As soon as the commission shall have entered into a contract for the furnishing or supplying of books for use in public schools it shall be the duty of the Governor to issue his proclamation announcing such fact to the people of the State; and as soon thereafter as practicable the State Superintendent shall issue a circular letter to each county superintendent in the State and to such others as he may desire, which letter shall contain the list of books adopted, the prices, location of agencies and method of distribution, and such other information as he may deem necessary.

1901, c. 1, ss. 12, 15.

PUBLIC HIGH-SCHOOL LAW.

AN ACT TO STIMULATE HIGH-SCHOOL INSTRUCTION IN THE PUBLIC SCHOOLS OF THE STATE, AND TEACHER TRAINING.

The General Assembly of North Carolina do enact:

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE
MONTHS ANNUALLY.

SECTION 1. With the consent of the State Board of Education, the county board of education in any county may in its discretion establish and maintain, for a term of not less than five school months in each school year, one or more public high schools for the county, at such place or places as shall be most convenient for the pupils entitled to attend and most conducive to the purposes of said school or schools.

HIGH-SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS.

SEC. 2. For each public high school established under this act a committee of three persons shall be appointed by the county board of education, who shall be known as the School Committee of Public High School of

County. The powers, duties and qualifications of said committeemen shall be similar to those of other public-school committeemen. They shall be appointed as follows: one for a term of two years, one for a term of four years, and one for a term of six years; and at the expiration of the term of any committeeman his successor shall be appointed for a term of six years: Provided, that in case of death or resignation of any committeeman his successor shall be appointed for the unexpired term only. Within two weeks after appointment the committee shall meet and elect a chairman and a secretary and enter upon the performance of their duties.

RULES, REGULATIONS, AND COURSE OF STUDY.

SEC. 3. All public high schools established and maintained under the provisions of this act shall be operated by the county board of education, under such general rules and regulations as may be