Page:United States Reports, Volume 209.djvu/336

 310 OCTOBF_ TERM, 1907. Aument for Defendant in Error. 209 U. & ,,qaf[arans, 15 Fed. Rep. 147; American Surey Co. v. Lawrm- vt71e Cement Co., 96 Fed. Rep. 25. The legislature may change, as well as create, a limitation, provided adequate means of enforcing the right remain, and the materia]-mgn here has no vested interest in the form of the action to be commenced, or the mode or remedy to be plied. Statutes prescribing a new or different limitation take effect immediately. $ohn v. Waterson, 17 Wall. 596; Terry v. derson, 95 U.S. 628; W//on v. Krerninger, 185 U.S. 63. The complaint does not state tat the contract, for the per- formance of which the bond was given, has been fully com- pleted, and that six months had exph'ed since such completion and before the commencement of this action without the Uni- ted State starting suit on said bond, all of which elemen are conditions precedent to maintaining the suit. Although the material-man under the statute of February 24, 1905, has not an unconditional right of action, but must wait until after the completion of the contract, this provision is not a material change in the right of the material-mbn as, un- der the former statute, their right to a pro rata share could only be determined after the contract had been completed. Law- fenceville Cement'Co. v. American Surety Co., supra. Mr. Herbert A. Heyn for defendant in error: The act of 1905, was not intended by Congress to apply to or have effect upon causes of action which had accrued before its passage. Plaintiff'q cause of action is therefore exclusively governed by the material-men's act of 1894, under which thc bond in suit was given and under which all rights against the surety became fully vested long prior to the enactment of the new statute. A statute shall never be given retrospective effect unless the legislature in most unambiguons and unmistakable language ha directed that such shouht be it operation. Laws are to operato prospectively. Jackson v. Van Zandt, 12 Johns. R.

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