STATE ROADS. 1157

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 failure of said bidder to execute said contract and bond.
Upon the execution of said contract and bond by a successful bidder his
check shall be returned to him. The amount of the check to be attached to
the bid shall be based on the aggregate amount of the bid submitted and
covered by the following table:

Aggregate Amount of Bid Amount of Check
Less than $30, 000.......................... $ 500

$30, 000 to $50, 000......................... 1, 000

50, 000 to 75, 000......................... 1, 500

75, 000 to 125, 000......................... 2^000

125, 000 to 175, 000......................... 2, 500

175, 000 to 225, 000......................... 3, 000

225, 000 to 275, 000......................... 3, 500

275, 000 to 325, 000......................... 4, 000

325, 000 to 375, 000......................... 5, 000

375, 000 to 425, 000......................... 6, 000

425, 000 to 475, 000......................... 7, 000

475, 000 or more............................ 7, 500

The checks of the unsuccessful bidders shall be returned to them after
opening the bids and awarding the contract to the successful bidder.
Provided, however, that the said Commission may itself do any part or
parts of any such work under such conditions in every respect as it may
prescribe by day labor in all cases wherein the funds provided for the
carrying on or performance of such work are provided by the government
of the United States of America., or any agency thereof, and the said
government, or any agency thereof, shall require that such work be per-
formed by day labor employed by said Commission. And provided further
that nothing in this section shall be construed to prohibit the use by the
said Commission of free labor supplied by relief or charity agencies or
organizations.

In case of receivership of contractors, unpaid balances on contract to be

applied to claims for labor and material in preference to general creditors.

Carney v. U. S. F. & G. Co., Daily Record, Feb. 6, 1935.

An. Code, 1924, art. 91, sec. 31. 1912, art. 91, sec. 37. 1908. ch. 141 sec. 32E
1912, ch. 371, sec. 32E. 1924, ch. 312. 1931, ch. 539, sec. 7.

7. Said Commission shall keep all State highways reasonably clear of
brush and maintain same in good condition; shall cause suitable shade trees
to be planted thereon, if practicable, and may establish and maintain
watering troughs upon such highways. Said Commission may give suitable
names to the State highways and change the name of any highway which
becomes a part of the State highway. The said Commission is hereby
authorized and empowered, in its own discretion, to adequately mark for
direction and distance all improved highways in the State.
See sec. 2'9.