GENERAL ORDERS, No. 57. WAR DEPARTMENT, Sections 8, 9, 11, and 13, paragraph II, General Orders, No. 65, April 6, 1904, War Department, are amended to read as follows: 8. When application is made for the detail of an officer of the Army at an institution to which an officer had not theretofore been assigned, it shall be visited by an inspector or other suitable officer, who shall report to the War Department whether such detail should be made. 9. Officers detailed as professors of military science and tactics shall, at the end of each quarter, report in writing to The Military Secretary of the Army. A report shall also be made annually by an officer detailed especially for the purpose. 11. Pupils under military instruction shall be organized into companies and battalions of infantry, the drill and administration of which shall conform in all respects to that of the Army. The officers and the noncommissioned officers shall be selected by the professor of military science and tactics with the approval of the president of the institution according to the principles governing such selection at the United States Military Academy, and shall receive their commissions and warrants from the president of the institution. 13. At every institution of Class B, at which a professor of military science and tactics is detailed, it shall be provided in its regular schedule of studies that at least three hours per week for two years, or the equivalent thereof, shall be assigned for instruction in the military departinent, not less than twothirds of the total time to be devoted to practical drill, including guard mounting and other military ceremonies, and the remainder to theoretical instruction. [997872, M. S. o.] BY ORDER OF THE SECRETARY OF WAR: ADNA R. CHAFFEE, OFFICIAL: F. C. AINSWORTH, The Military Secretary. JUN 22 Recd No. 58. WASHINGTON, April 11, 1905. The following act of the Congress is published to the Army for the information and guidance of all concerned: An Act To amend an Act approved August thirteenth, eighteen hundred and ninety-four, entitled "An Act for the protection of persons furnishing materials and labor for the construction of public works." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act for the protection of persons furnishing materials and labor for the construction of public works," approved August thirteenth, eighteen hundred and ninetyfour, is hereby amended so as to read as follows: "That hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, 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 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 pri. ority of the claim and judgment of the United States. If the full 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 inade quate 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." |