[H. R. 8981]

AN ACT

To provide for the sale of an easement for a railway right of way over the postoffice and customhouse site at Newark, New Jersey.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an easement for a right of way for a city railway over the hereinafter-described land forming a portion of the site of the post-office and customhouse building in the city of Newark, New Jersey, be sold by the Secretary of the Treasury to the city of Newark, New Jersey, a municipal corporation of New Jersey, at a price not less than that determined to be the value thereof by three appraisers to be selected by the Secretary of the Treasury, at such time and upon such terms and conditions as the Secretary of the Treasury may deem proper; the land to be subject to the easement to be granted pursuant hereto being located in the city of Newark, New Jersey, and described as follows:

Beginning at a point in the westerly line of Broad Street distant one hundred and thirty-two and seventy-three one-hundredths feet northerly from the point of intersection of the westerly line of Broad Street with the northerly line of Academy Street; thence westerly along a line making an interior angle on the northwest with the said westerly line of Broad Street produced of ninety-three degrees three minutes thirty-one seconds, a distance of thirteen and ninety-seven one-hundredths feet to a point; thence northerly along a line making an interior angle on the northeast with the line last above described of eighty-six degrees thirty-six minutes thirty-five seconds, a distance of twenty and forty-five one-hundredths feet to a point; thence westerly along a line making an interior angle on the northeast with the line last above described of two hundred and sixty-nine degrees eight minutes fifty seconds, a distance of sixty and sixteen one-hundredths feet to a point; thence westerly along a line making an interior angle on the north with the line last above described of one hundred and eighty-four degrees twenty-two minutes thirtyone seconds, a distance of thirty-seven and seventy-seven one-hundredths feet to a point; thence westerly along a line making an interior angle on the north with the line last above described of one hundred and eighty degrees thirty-three minutes thirty-seven seconds, a distance of sixty-eight and twenty-one one-hundredths feet to a point; thence westerly along a line making an interior angle on the north with the line last above described of one hundred and eighty degrees forty-five minutes thirteen seconds, a distance of thirtynine and sixty-three one-hundredths feet to a point; thence northerly along a line making an interior angle on the northeast with the line last above described of eighty-six degrees fifteen minutes forty-three seconds, a distance of four and fifty one-hundredths feet

to a point; thence easterly along a line making an interior angle on the southeast with the line last above described of ninety-two degrees twenty-eight minutes fifty seconds, a distance of two hundred and nineteen and fifty-three one-hundredths feet to a point in the westerly line of Broad Street; thence southerly along the westerly line of Broad Street, said westerly line of Broad Street making an interior angle on the southwest with the line last above described of eighty-six degrees forty-five minutes ten seconds, a distance of twenty-eight and twenty-nine one-hundredths feet to the point of beginning.

SEC. 2. That upon the payment of the purchase price of said easement for a right of way for a city railway, the Secretary of the Treasury is authorized to convey by deed of easement a right of way for a city railway over the said lands to the city of Newark, New Jersey, subject, however, to such reservations, limitations, or conditions as said Secretary of the Treasury may deem proper.

SEC. 3. That the proceeds of the sale of such easement for right of way be deposited in the Treasury of the United States as "miscellaneous receipts" derived from the sale of public property.

SEC. 4. So much of existing law as provides for the sale of the present post-office and customhouse site and building for not less than a stipulated amount is hereby repealed.

Approved, July 2, 1932.

[PUBLIO NO. 263-72D CONGRESS]

PUBLIC BUILDINGS, CONSTRUCTION AND RENT

For the acquisition of sites or of additional land, commencement, continuation, or completion, of construction in connection with any or all projects authorized under the provisions of sections 3 and 5 of the Public Buildings Act, approved May 25, 1926 (U. S. C.. Supp. V, title 40, secs. 343-345), and the Acts amendatory thereof approved February 24, 1928 (U. S. C., Supp. V, title 40, sec. 345) and March 31, 1930 (U. S. C., Supp. IV, title 40, secs. 341-349), within the respective limits of cost fixed for such projects, $108,000,000, of which not to exceed $15,000,000 may be expended for buildings in the District of Columbia: Provided, That no part of this or any other appropriation for the construction of public buildings shall be used for remodeling and reconstructing the Department of State Building under the authorization therefor contained in the Act approved July 3, 1930 (46 Stat. 907): Provided further, That the building authorized for Seguin, Texas, by the Act of March 4, 1931 (46 Stat., p. 1602), shall be constructed on the site owned by the Government on that date: Provided further, That no part of this appropriation shall be used for work on the building for the Coast Guard or some other Government activity (Apex Building), authorized by Act of March 4, 1931 (46 Stat., p. 1605).

Approved, July 5, 1932.

(120)

[H. R. 437]

AN ACT

To require a contractor to whom is awarded any contract for public buildings or 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 United States of America in Congress assembled, That any person or persons entering into a formal contract with the District of Columbia for the construction of any public building, or the prosecution and completion of any public work, or for alteration and/or repairs, including painting and decorating, upon any public building or public work, shall be required, before commencing 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 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 District of Columbia 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 and judgment of the District of Columbia.

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 District of Columbia, the remainder shall be distributed pro rata among said interveners. If no suit should be brought by the District of Columbia 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 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 or they shall have a right of 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, 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: 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 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 the registry of said 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 District of Columbia by reason of the execution of said bond, and upon so doing the surety will be relieved from further liability: And 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 District of Columbia, for at least three successive weeks, the last publication to be at least three months before the time limited therefor.

Approved, July 7, 1932.