Page:United States Statutes at Large Volume 33 Part 1.djvu/899

 812 FIFTY—EIGHTH CONGRESS. Sess. III. Ch. 778. 1905. eighteen hundred and ninety-four, is hereby amended so as to read as Pew ***9** ‘° *"‘ foilfllliit hereafter any person or persons entering into a formal congiiilzrifcunw M 18- tract with the United States for the construction of any public build- ,,,,l§),l;;€d?8‘ p` m' ing, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before commencing such work, to execute the usual penal bond, with good and sufficient sureties, with the additional obligation that such contractor or contractors shall promptly make payments to all persons supplying him or them with labor and materials in the prosecution of wR,,,§§§,‘g0gQ,_ },’§'f°"‘· the work provided for in such contract; and any person, company, or corporation who has furnished labor or materials used in the construction or repair of any public building or public work, and payment for which has not been made, shall have the right to intervene and be made a party to any action instituted by the United States on the bond of the contractor, and to have their rights and claims adjudicated in such action and judgment rendered thereon, subject, however, to the priority of the claim anddgment of the United States. If the full amount of the liability of thi; suret on said bond is insufficient to pay the full . amount of said claims andy demands, then, after paying the fu lamount _ due the United States, the remainder shall be distributed pro rata among ,,,$§f‘§§‘¤‘}§,§’,'{§‘fi,{,‘{.i said interveners. If no suit should be brought by the United States ¤i¤¤¢d· within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shal, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been pgosecuted that labor or materials for the prosecution of such work has en supplied by him or them, and payment for which has not been made, be furnished with a certified copy of said contract and bond, _ upon which he or they shall have a right of action, and shall be, and are J"“"“°°°“‘ hereby, authorized to bring suit in the name of the United States in the circuit court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in controversy in such suit, and not elsewhere, for his or their use and benefit, against said contractor and his sureties, and to prosecute the g;;,?,;;,, same to final judgment and execution: Hwided, That where suit is “instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the complete performance of said contract and final settlement thereof, and shall be commenced within one year after the ferformance and final settlement of said contract, mf;§:g;,,l*¤**“‘° and not later: .-fm providecZ_f3er¢he»-, That where suit is so instituted ` by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party thereto within one year from the completion of the work under said contract, b,;{,‘}{l¤{j¤}5j:,$,_qujfQ},°’° 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 (,,f'{§j$“‘ """""‘“" given to each creditor pro rata of the amount of the recovery. The surety on said bond may ay into court, for distribution among said claimants and creditors, tllie full amount of the sureties’ liability, to wit, the plenalty named in the bond, less any amount which said surety may ave had to pay to the United States by reason of the execution of said bond, and upon so doing the surety will be relieved from m,;§{;,°,§_*l “°**°° ‘° further liability: }’rove'de¢l_f}¢rth·er, That in all suits instituted under the provisions of this Act such personal notice of the pendency of such suits, informing them of their iight to intervene as the court mav order, shall be given to all known creditors, and in addition theretb m};‘f““°*'*°¤ °‘ °‘* notice of ublication in some newspaper of general circulation, published in die 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." Approved, February :24. 1905.