amount of the liability of the surety on said bond is insufficient to pay the full amount of said claims and demands, then, after paying the full amount due the United States, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the United States within six months from the completion and final settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefor, and furnishing affidavit to the Department under the direction of which said work has been prosecuted 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 or they shall have a right of action, and shall be, and are 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 same to final judgment and execution: Provided, 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 performance and final settlement of said contract, and not later: And provided further, 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, less any amount which said surety may have 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 further liability: Provided further, That in all suits instituted under the provisions of this Act such personal notice of the pendency of such suits, 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. (28 Stat. 278. 33 Stat. 811.) This was an act entitled "An act for the protection of persons furnishing material and labor for the construction of public works."

The act, as originally enacted, contained two sections as follows. "Hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, and the prosecution and completion of any public work, or for repairs of 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 labor and materials in the prosecution of

the work provided for in such contract; and any person or persons making application therefor and furnishing affidavit to the Department under the direction of which said work is being, or has been, prosecuted, 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, shall be furnished with a certi fied copy of said contract and bond, upon which said person or persons supplying such labor or materials shall have a right of action, and shall be authorized to bring suit in the name of the United States for his or their use and benefit against said contract and sureties and to prosecute the same to final judgment and execution: Provided, That such action and its prosecutions shall involve the United States in no expense.

"Sec. 2. Provided that in such case the court in which such action is brought is authorized to require proper security for costs in case judgment is for the defendant."

It was amended to read as set forth here by Act Feb. 24, 1905, c. 778, cited above.

§ 6924. (Act Aug. 5, 1892, c. 380, § 1.) Compensation of employés from appropriations for public buildings.

Nor shall there hereafter be paid more than six dollars per day to any person employed outside of the District of Columbia, in any capacity whatever, whose compensation is paid from appropriations for public buildings in course of construction, but the Secretary of the Treasury may, in his discretion, authorize payment in cities of eighty thousand or more inhabitants of a sum not exceeding eight dollars per day for such purposes. (27 Stat. 351.)

This was a provision of the sundry civil appropriation act for the fiscal year 1893, cited above.

The employment of laborers and mechanics, either by the Government, the District of Columbia, or any contractor or subcontractor upon the public works, was limited to eight hours a day by Act Aug. 1, 1892, c. 352, as amended by Act March 3, 1913, c. 106, post, §§ 8918-8920.

§ 6925. (Act March 3, 1887, c. 362.) Restriction on employment of persons for supervision and care of buildings.

Hereafter where public buildings shall be completed with the exception of heating apparatus and approaches but one person shall be employed by the Government for the supervision and care of such building. (24 Stat. 512.)

This was a provision of the sundry civil appropriation act for the fiscal year 1888, cited above.

§ 6926. (R. S. § 255.) Appointment of disbursing agents.

The Secretary of the Treasury may designate any officer of the United States, who has given bonds for the faithful performance of his duties, to be disbursing agent for the payment of all moneys appropriated for the construction of public buildings authorized by law within the district of such officer.

Act March 3, 1869, c. 122, § 1, 15 Stat. 301, 306.

Collectors of customs were required to act as disbursing agents for payment of moneys appropriated for construction of custom-houses, and other buildings specified, by R. S. § 3657, ante, § 6665; and in case there was no collector at the place of location of any such building, the appointment of a disbursing agent for payment of moneys appropriated therefor was authorized by R. S. § 3658, ante, § 6666. See notes to said sections.

But all disbursements of appropriations for public buildings were required to be made by the Treasury Department at Washington, except in certain cases, when the collector of customs nearest the place where the building

is being constructed, may be required to make the disbursement, by Act March 4, 1911, c. 285, § 1, post, § 6927.

§ 6927. (Act March 4, 1911, c. 285, § 1.) Appropriations for construction of public buildings; disbursement by Treasury Department, and in exceptional cases, by collectors of customs; compensation for disbursements allowed only to disbursing agents who have given bonds.

Hereafter all disbursements of money appropriated for the construction of public buildings under the control of the Treasury Department shall be made by the Treasury Department at Washington, District of Columbia, except in cases of public buildings located so remote from the seat of government as to occasion hardship by undue delay in making payments to contractors, in every such exceptional case the Secretary of the Treasury may, in his discretion, require the collector of customs at or nearest the place where such building is being constructed to make the disbursement, as provided in section seventeen hundred and sixty-five of the Revised Statutes of the United States, but in such exceptional cases no additional compensation shall be paid to any collector of customs for disbursements made hereunder; and hereafter no compensation or commissions shall be allowed for the disbursement of any appropriation for the construction, extension, enlargement, remodeling, or repairs of any public building under the control of the Treasury Department, except to disbursing agents heretofore appointed and who have qualified by giving bonds. (36 Stat. 1387.)

This was a provision of the sundry civil appropriation act for the fiscal year 1912, cited above.

R. S. § 1765, mentioned in this section, is set forth ante, § 3234.

See notes, to R. S. § 255, ante, § 6926.

§ 6928. (Act March 4, 1909, c. 299, § 1.) Secretary of Treasury may rent buildings on lands acquired for building sites. The Secretary of the Treasury is authorized, until their removal becomes necessary, to rent any building or buildings not reserved by the vendors on lands heretofore or hereafter acquired for building sites or for the enlargement of building sites, the proceeds to be deposited in the Treasury, and a report thereof to be submitted to Congress at the beginning of each regular session thereof. (35 Stat. 959.)

This was a provision of the sundry civil appropriation act for the fiscal year 1910, cited above.

A previous provision on the subject, applicable during the fiscal year 1909, was contained in the similar appropriation act for that year, Act May 27, 1908, c. 200, § 1, 35 Stat. 319.

A similar provision as to sites or additions to sites acquired under the provisions of the public buildings act of 1910, was made by section 38 thereof, Act June 25, 1910, c. 383, § 36, 36 Stat. 701.

§ 6929. (Act June 11, 1896, c. 420, § 1.) Use of Government wharf at Sitka, Alaska, by private vessels or persons; rates of dockage and wharfage; disposition of receipts. Government wharf in Alaska: For reconstructing or repairing and putting in safe and proper condition the wharf at Sitka, Alaska, (3105)

COMP.ST.'13-195

* Provided, That hereafter the Secretary of the Treasury be authorized to charge and fix the rates of dockage and wharfage to be paid by any private vessel or person allowed to use said wharf, the said receipts to be deposited with the Treasurer of the United States as a miscellaneous receipt derived from Government property; and the Secretary of the Treasury shall direct, by regulation or otherwise, by whom said wharfage and dockage receipts. shall be collected. (29 Stat. 413.)

This was a provision of the sundry civil appropriation act for the fiscal year 1897, cited above.

§ 6930. (Act March 3, 1877, c. 106.) Contracts for rent of buildings in District of Columbia not to be made until appropriation therefor.

Hereafter no contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and that this clause be regarded as notice to all contractors or lessors of any such building or any part of building. (19 Stat. 370.)

This was a provision of the deficiency appropriation act for the fiscal year 1877, cited above.

The heads of the several executive departments were required each year to submit in the Book of Estimates a statement of the number of buildings rented by their respective departments, by Act March 3, 1883, c. 128, § 1, ante, § 6682.

The Secretary of the Treasury was required to submit annually in the Book of Estimates a statement of the buildings rented in the District of Columbia for the use of the Government, by Act July 16, 1892, c. 196, § 1, ante, § 6683.

Other buildings in the District of Columbia may be rented, instead of buildings already rented, by a provision of Act Aug. 5, 1882, c. 389, § 1, post, § 6931.

§ 6931. (Act Aug. 5, 1882, c. 389, § 1.) Rent of buildings in District of Columbia, instead of others rented.

Where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That no increase in the number of buildings now in use, nor in the amounts paid for rents, shall result therefrom. (22 Stat. 241.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1883, cited above.

Contracts for the rental of buildings in the District of Columbia were not to be made until appropriations had been made therefor, by a provision of Act March 3, 1877, c. 106, ante, § 6930.

§ 6932. (Act March 2, 1913, c. 93.) Lease of storage accommodations by heads of executive departments.

The heads of the several executive departments are authorized to enter into contracts for the lease, for periods of not exceeding six years, of modern fireproof storage accommodations within the District of Columbia for their respective departments, at rates per square foot of available floor space not exceeding 25 cents, payable

from appropriations that Congress may from time to time make for rent of buildings for their respective departments. (37 Stat. 718.)

This was a provision of the Army appropriation act for the fiscal year 1914, cited above.

§ 6933. (Act March 4, 1913, c. 142, § 1.) Rent of building for the Navy Department.

The Secretary of the Navy is hereby authorized to enter into contract for the rental of a suitable fireproof building or buildings or parts thereof for the use of the Navy Department for a period of not exceeding ten years from July first, nineteen hundred and thirteen, at an annual rental of not exceeding $30,000. (37 Stat. 771.) This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1914, cited above.

§ 6934. (Act March 3, 1905, c. 1483, § 1.) Certain appropriations for public buildings available for use in temporary rented quarters, pending alteration, etc., of public buildings.

Hereafter, unless otherwise specifically provided by law, whenever the Secretary of the Treasury is authorized to secure temporary quarters for the use of Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of, any public building belonging to the United States under the control of the Treasury Department, the followingnamed appropriations shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States, namely: Fuel, lights, and water for public buildings; furniture and repairs of same for public buildings; pay of assistant custodians and janitors; and vaults, safes, and locks. for public buildings. (33 Stat. 1161.)

This was a provision of the sundry civil appropriation act for the fiscal year 1906, cited above.

§ 6935. (Act Aug. 24, 1912, c. 355, § 1.) Appropriation for operating force for public buildings available for use in temporary rented quarters used pending the alteration, etc., of certain public buildings.

Hereafter, unless otherwise specifically provided by law, whenever the Secretary of the Treasury is authorized to secure temporary quarters for the use of the Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of, any public building belonging to the United States under the control of the Treasury Department, including the customhouse, Washington, District of Columbia, but exclusive of any other buildings in the District of Columbia, the appropriation for "Operating force for public buildings" shall be available, if necessary, in connection with certain portions of the premises as may be rented for, or occupied by, such officials, in the same manner, for the same purpose, and to the same extent as if