SURVEYOR AND STATE SURVEY. 2829

said commission, for the State and at its expense, except as provided in
section 28.

This section provides the method and confers the power upon state roads com-
mission to acquire existing turnpikes, subject to outstanding rights. Commission, as
the assignee of a turnpike road, may enforce an existing liability founded upon a
contract acquired in purchase of the turnpike. Cases reviewed. C. & P. Tel. Co. v.
State Rds. Comn., 134 Md. 6.

See notes to sec. 28.

An. Code, sec. 36. 1908, ch. 141, sec. 32D. 1910, ch. 218, sec. 32D (p. 300).
1910, ch. 721, sec. 32D (p. 298).

30. The said commission, when about to construct or improve in any
manner any highway, shall give the county commissioners of each county
in which it lies a certified copy of plans and specifications therefor, and
a notice that said commission is about to enter upon and proceed with the
work in question. Said commission shall thereupon advertise for at least
two weeks in one or more newspapers published in each county in which
the highway lies, and for three consecutive issues in at least one daily
newspaper published in Baltimore city, for sealed proposals for the con-
struction or other improvements of said highway, accurately describing
the same and stating the time and place for opening said proposals, and
reserving the right to reject any and all proposals; said proposals shall be
publicly opened at the time specified in said advertisement, and the con-
tract for such work or for the supplies and materials required for such
construction or work or for the supplies and materials required for such
construction or improvement shall be awarded by the commission to the
lowest responsible bidder, unless, in the opinion of said commission, the
interests of the State shall be better served by awarding the contract to
some other bidder, when this may be done; but said commission shall not
be required so to advertise for proposals or to award any contract for any
work or for any materials or supplies for any amount less than five hun-
dred ($500) in the aggregate. The construction and improvement of all
State highways or parts thereof shall be under the supervision and sub-
ject to the approval of the said commission, in accordance with plans and
specifications prepared by the chief engineer and approved by said com-
mission. In all cases where the contract for work and materials shall be
given out after competitive bidding, the successful bidder shall promptly
execute a formal contract to be approved as to its form, terms and con-
ditions by said commission, and shall also execute and deliver to said
commission a good and sufficient bond to be approved by said commis-
sion to the State of Maryland in not less than the amount of the contract
price. In no case shall any such bond be approved or accepted unless the
obligators bind themselves therein to the payment of all just debts for
labor and materials incurred by the bidder in the construction and im-
provement of the road contracted for. To all such bids there shall be
attached the certified check of the bidder, and the bidder who has the con-
tract awarded to him and who fails to promptly and. properly execute
the contract and bond shall forfeit the said contract. The said check shall
be taken and considered as liquidated damages, and not a penalty, for fail-
ure of said bidder to execute said contract and bond. Upon the execution