Page:United States Statutes at Large Volume 47 Part 1.djvu/632

 608 72d CONGRESS. SESS. I. CHS. 434, 441. JULY 6,7,1932 . Entries unde r tra, is a national under and in pursuance of the provisions of a treat of tie s, to enga ge commerce and navigation, and his wife, and his unmarried children under twenty-one y ears of age, if accompanying or following to join him ." Appr oved, Jul y 6, 1932 . [CHAPTER 441 .1 AN ACT Ju ly 7, 1932.	[ILblix .437.1	To require a contractor to whom is awarded any contract for public buildings or [Public, No. 2s7 .) other public works or for repairs or improvements thereon for the District of Columbia to give bond for the faithful performance of the contract, for the protection of persons furnishing labor and materials, and for other purposes . Be it enacted by the Senate and House of Representatives of the Di strict of Columbia . United States of America in Congress assembled, That any person Co ntractor s on pub - lic works . or persons entering into a formal contract with the District of 61um- Penal bond to in- bia for the construction of any public building, or the prosecution ,lode security for labor and material. and completion of any public ork, or for alterion and/or repairs, Vol .30,p . 900. including painting and decorating, upon any public building or public work, shall be required, before c ommencing such work, to execute the usual penal bond in an amount not less than the contract price, 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 the work provided for in such contract ; and an y et c ., g furn ishing elabor , person, company, or corporation who has furnished labor or mate- etc. rials 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 District of Columbia on the bond of the contractor, and to have their rights and claims adjudicated in such action and judg- ment rendered thereon, subject, however, to the priority of the claim - and judgment of the District of Columbia. bondm enl ent here If the full amount of the liability of the surety on said bond is insuf ficien t to p ay the full amoun t of s aid cl aims a nd de mands, then, after paying the full amount due the District of Columbia, the remainder shall be distributed pro rata among said interveners. Acti on for l abor or If no suit should be brought by the District of Columbia within six material furnished . months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon applipation therefor, and furnishing affidavit to the District of Columbia that labor or materials for the prosecution of such work has been 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 br they shall have a right of Jurisdiction. action, and shall be, and are hereby, authorized to bring suit in the name of the District of Columbia in the Supreme Court in the District of Columbia, 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, yd to prosecute the same to final. Commencement of judgment and execution : P r o v i de, That where suit is ins titute d by suit, any of such creditors on the bond of the contractor it shall not be com- menced 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 s Creditors to later : Provided further, That where a suit is 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 comp leti on of the work und er s aid c ontr act, and