Page:United States Reports, Volume 209.djvu/339

 09 U.S. Ophfon of th CrouP. the Maryland District of the Fourth Circuit), and also not until after the complete performance of the contract, for the per- �formance of which the bond was given, and until the expira- tion of six months after such completion, during which time the United States alone has the right to commence an action. The plaintiff in error insists that, although the cause of actien herein arose before the passage of the amendment, 'the action itseft not having been commenced until after that time, all the provisions of the amendment regulating the enforcement of such cause of action apply to the action before us, as they do not affect the cause of action itseft, but only the method of enforcing the same. In other words, it is contended that the amendment is to have retroactive effect in all matters relative to procedure, and that, as so construed, this action was improperly brought in the Circuit Court of the United State for the Eastern District of New York, and that it was prematurely brought because it does not appear that at the time of the commencement of this action the contract had such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof; and shall be commenced within one year after the performance and final settlement of said contract and not later: And prom2/ed [urther, That where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, and not later. If the recovery on the bond should be inadequate to pay the amounts found due to all of said creditors, judgment shall be given to each creditor pro rata of the amount of the recovery. The surety on said bond may pay into court, for distribution among said claimants and creditors, the full amount of the sureties' liability, to wit, the penalty named in the bond, leto any amount said surety may have had to pay, to the United States by mason of the execution of said bond, and upon so doing the surety will be relieved from further liability: Provided/urther, That in all suits instituted under the provisions of this act such personal notice of the pendency of such uits, informing them of their right to intervene as the court may order, shall be given to all known creditors, and in addition thereto notice of publication in some newspaper of general circulation, published in the State or town where the contract is being performed, for at least three successive weeks, the last publication to be at least three months before the time limited therefor.'"

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