14 or they may estimate and appraise the value of such 15 separate privilege, having reference to the terms of the 16 original lease, and may sell such privilege to the person 17 occupying the same at such appraisal as shall be deemed 18 just and equitable under the circumstances, and may 19 thereupon cause a lease therefor to be executed in the 20 manner required in this article. R. S. 751, L. 1842, ch. 274. (Post, p. 2994.) 1 § 93. Supplying deficiencies of waters.- Whenever the 2 navigation of any canal shall be interrupted or 3 endangered by reason of a deficiency of water, the 4 superintendent of public works shall, without delay, 5 supply such deficiency. For that purpose, he shall by 6 himself or his agents, resume the temporary use of all 7 the surplus waters which shall have been leased upon 8 the level of the canal where such deficiency exists. If 9 there shall still be a deficiency of water, he may enter 10 upon and use all lands, streams and waters, which, in 11 his judgment, may be necessary to be used to procure a 12 temporary supply of water for such canals. The super13 intendent may agree with the owner of any property 14 used for temporary purposes under this section, upon 15 the amount of damages sustained by him thereby, sub16 ject to the approval of the canal board, but no damages 17 shall be allowed in any case for resuming the use of any 18 surplus waters of the canals leased to any person. R. S. 763, L. 1833, ch. 196, §§ 1, 2. (Post, pp. 3009-10.) ARTICLE VI. CANAL CONTRACTS. SECTION 100. Contracts required to be in writing. 101. Requisites of proposals. 102. Indemnity clauses in contracts. 103. When certificate of superintendent of public works required. 104. Regulations for the furnishing of implements and materials. SECTION 105. Proposals. 106. Security to be given. 107. Proceedings in case of neglect or refusal to perform contract. 108. Inspection of tools and materials furnished. 109. The procurement of materials and tools in cases of exigency. 110. Exemption of materials from execution. 111. Drafts of money by the superintendent for the payment of contracts. 112. Verification of estimates and measurements before payment. 113. Engineer's record of measurements. 114. Advances to superintendent of canal repairs. 115. Bonds of contractors for the payment of their laborers. 116. Cancellation of contracts. 117. Interest upon drafts and certificates. 1 § 100. Contracts required to be in writing. All contracts 2 for the construction of a canal and for any repairs or 3 improvements on the canals, directed by the legislature 4 or canal board, shall be in writing and executed in tripli5 cate, one of which shall be retained by the superintend6 ent of public works and one deposited with the 7 comptroller, and shall not be entered into without 8 public notice of the time and place of the receipt of 9 sealed proposals for the work to be done thereunder, 10 published for three weeks successively in the state. 11 paper, and in one or more of the newspapers of each 12 county, in which such work or any part thereof is to be 13 done. 14 Every contract entered into by the superintendent of 15 public works, or any assistant superintendent or deputy, 16 or superintendent of canal repairs or engineer in charge 17 of repairs for the delivery of timber or lumber or the 18 furnishing of other materials for the repairs of the 19 canals, or to do or complete a specified job of work 20 relating to such repairs and involving the performance 21 of labor and the furnishing of materials, when not 22 advertised to be let to the lowest bidder, shall be in 23 writing and shall state the time within which such 24 contract is to be performed and executed not exceeding 25 one year, and duly authenticated and filed in the office. 26 of the comptroller, before any money shall be paid 27 thereon, and within fifteen days after its execution. 1 R. S., 719, part I, ch. 9, tit. 9, art. 2, §§ 31, 32, 33. (Post, p. 2953.) § 101. Requisites of proposals.- Every proposal for a 2 contract, for which written proposals are to be received 3 shall be sealed, and shall be for a sum certain as to the 4 price to be paid or received, and no proposition not thus 5 definite and certain, or which contains any alteration, 6 condition or limitation as to such price, shall be received 7 or acted upon. 8 No more than one proposal shall be received from any 9 one person for the same contract, and all proposals of 10 any person offering more than one for the same contract 11 shall be rejected. 1 R. S., 720, art. 2, §§ 34, 35. (Post, p. 2953.) § 102. Indemnity clause in contracts. The canal board 2 shall cause to be inserted in all contracts for work or 3 repairs on the canals a clause requiring the contractor 4 to pay all damages arising to the state, or to any person 5 by reason of the neglect, default or misconduct of such 6 contractor in the performance of the contract. R. S., 743, L. 1866, ch. 836, § 9. (Post, p. 2985.) 1 § 103. When certificate of superintendent of public works 2 required.- No superintendent of canal repairs is author3 ized to contract for the delivery of or to purchase any 4 tools, implements, materials, boats or other matter or 5 thing to be used in the repairs of the canals, unless the 6 superintendent of public works or an assistant superin7 tendent in charge, shall have first made a certificate, desig8 nating the number and quantities, with the prices to be 9 paid for such tools, implements, materials and boats. Any 10 superintendent of repairs violating any provision of 11 this section or applying any of the moneys received by 12 him upon a detailed estimate to objects, works or pur13 poses other than such as are specially mentioned and 14 described in such estimate, shall be removed from 15 office. This section shall not be applicable to sudden 16 breaks and breaches in the canals during navigation, 17 when the necessities of the case may call for immediate 18 action before the superintendent of public works or the 19 assistant superintendent can be consulted. 1 R. S., 742, L. 1866, ch. 836, § 3. (Post, p. 2984.) § 104. Regulations for the furnishing of implements and 2 materials.- Every canal superintendent shall, under 3 such regulations as are prescribed by the canal board, 4 procure all boats, wheelbarrows, tools, implements, 5 lumber, stone and other materials required for the 6 ordinary repairs of the canals, by giving notice for two 7 weeks in two newspapers designated to publish the 8 session laws in each county, through which his section 9 of the canal passes, of the day and hour when 10 sealed proposals will be received for the supply of 11 the articles required. In addition to the require12 ments of this article, the canal board shall prescribe 13 such rules in regard to the notice to be given, and the 11 time and manner of receiving and opening proposals as 15 will effectually secure the rights of the bidders and the 16 interests of the state. 17 The superintendent of public works may, when in his 18 opinion the interests of the state will be promoted 19 thereby, direct the superintendent of canal repairs to 20 purchase materials and tools for the ordinary repairs of 21 the canals without advertising for the same, and shall 22 not be bound to accept proposals therefor, unless he 23 deems it for the interest of the state. 24 In rebuilding locks, bridges and other structures on the 25 finished canals, the superintendent of public works shall 26 contract for the same on sealed proposals, except during 27 the season of navigation. 28 All work connected with the enlargement and 29 improvement of any canal done under contracts made 30 by the superintendent of public works shall be kept dis31 tinct, as far as practicable, from the ordinary repairs of 32 the canal by the superintendents of repairs. R. S., 781-2, L. 1847, ch. 278, §§ 5, 13. (Post, p. 3033) 1 § 105. Proposals.-Every person making a proposal 2 to furnish any such materials or tools shall accom3 pany it with an agreement, in such form substantially 4 as the canal board shall prescribe, signed by some 5 responsible person, guaranteeing that the person S making the proposals, shall, within ten days after 7 the acceptance thereof by the superintendent of 8 public works, enter into a written contract with such 9 superintendent and his successors in office, for the 10 faithful performance of such proposals. If any person 11 to whom any such contract may be awarded, shall 12 neglect or refuse to enter into such contract within the 13 time herein prescribed, the superintendent of public 14 works shall receive further proposals for furnishing 15 such materials and tools as remain uncontracted for by 16 reason of such neglect, and shall prosecute every person 17 so neglecting to enter into such contract according to 18 their proposals and his sureties for such damages as the 19 state may have sustained by reason of such neglect or 20 refusal. No allowance over and above the contract 21 price shall be made by the superintendent of public 22 works to any contractor unless such extra allowance 23 shall be directed by the canal board. 1 R. S., 781, L. 1847, ch. 278, § 6. (Post, p. 3033.) 720, § 37. (Post, p. 2954.) § 106. Security to be given.- Every contractor entering 2 into any written contract for the furnishing of any 3 materials, tools or labor for or upon the canals, or for 4 the construction, improvement, repair or maintenance 5 thereof, shall give satisfactory security to the superin |