332 LAWS APPLICABLE TO DEPARTMENT OF AGRICULTUBE. 



REV. ST. SEC. 3828. 



No publication of advertisement, notice, or proposal, without authority. 



Sec. ys-is. No adverliseineiit. notice, or proposal for any Executive 

 Department of the (Toxernnient, or for any Bureau thereof, or for 

 any oflice therewith connected, shall be published in any newspaper 

 whatever, except in pui-suance of a written authority for such pub- 

 lication from the head of such Department; and no bill for any such 

 advertising, or publication, shall be paid, unless there be presented, 

 with such bill, a copy of such written authority. 



ACT FEBRUARY 24. 1905, c. 778. An act to amend an act approved August 

 thirieonih, oifilittHMi l)uiidre<l and ninety-four, entitled "An act for the 

 protet'tion of jiersous funiishiiisi nuiterials and labor for the construction 

 of public works." (33 Stat. 811.) 



Bonds of contractors for public buildings or works; rights of persons furnishing 

 labor and materials; remedies on bonds in actions thereon. 



That the Act entitled "'An Act for the protection of persons fur- 

 nishing materials and labor for the construction of public works," 

 ai)i)roved August thirteenth, eighteen hujidred and ninety-four, is 

 hereby amended so as to read as follows: 



"That hereafter any person or persons entering into a formal con- 

 tract with the United States for the construction of any public 

 building, or the prosecution and completion of any ])ublic work, or 

 for repairs upon any public building or public work, shall be re- 

 quired, before commencing such work, to execute the usual penal 

 bond, with good and sufficient sureties, with the additional obliga- 

 tion that such contractor or contractors shall i)romptly make pay- 

 ments to all person.s supplying him or them with lal)or and materials 

 in the pro.secution of 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 insti- 

 tuted by the United States on the bond of the contractor, and to 

 have their rights and claims adjudicated in such action and judgment 

 reudered thereon, sul)ject, however, to the priority of the claim and 

 judgment of the United States. If the full amount of the liability 

 of the surety on said lx)nd is insufficient to pay the full amount 

 of said claiuis and demands, then, after paying the full amount due 

 (he United Slates, the reiuainder shall be disti'ibuted pro rata among 

 said intervenei-s. If no suit should be brought by the United States 

 within >ix months froui the completion and fiiuil settlement of said 

 rontract. then the person oi- persons supplying the contractor with 

 lal>or and materials shall, upon application therefor, and furnish- 

 ing affidavit to the Department under the direction of which said 

 work has been luo-ccuted that labor or materials for the pro.secution 

 of such work has 1-h\mi supplied by him or them, and j^ayment for 

 which has not been nuide. be furnished with a certified copy of said 

 contract and Inrnd. upon which he or they shall have a right of action, 

 and shall be, and are hereby, authoi'i/.ed to bring suit in the name 

 of tile I'liited States in the circuit court of the United States in the 

 district in which said contract was to be jierformed and executed, 

 irrespective of the amount in controversy in such suit, and not else- 

 where, for his or their ust^ and IxMiefit. against said contractor and 

 his sureties, and to prosecute the same to final judgment and execii- 



