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At adjourned sessions tenders to be opened and contract entered into with person making lowest proposal and giving sufficient security.
If no presentment made, contract to be void.
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23. 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 sureties 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 non-performance 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, 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, if the same shall be presented by the grand jury; 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, 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 until the said security shall be entered into and the contract duly completed: Provided . . . that if the grand jury of the county at and for the assizes then next holden shall not make any presentment on the application in respect of which any contract shall have been made according to the provisions herein-after mentioned, then and in such case such contract shall be null and void to all intents and purposes, anything herein contained to the contrary notwithstanding.
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