Penal bond to include security for la bor, etc. Vol. 28, p. amended. corporations, etc. 278, labor or material furnished. eighteen hundred and ninety-four, 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 Rights of persons, 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 priority 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 Action on bond for 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, Creditors limited to 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, Judgment where and not later. If the recovery on the bond should be inadequate to Jurisdiction. Provisos. Time limit. single action. bond is inadequate. on bond. pay the amounts found due to all of said creditors, judgment shall be Payment by sureties 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 Personal notice to 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 Publication of no- notice of publication in some newspaper of general circulation, pub ereditors. tice. lished 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." Approved, February 24, 1905. CHAP. 779.-An Act For the relief of certain homestead settlers in the State of Alabama. February 24, 1905. [S. 6017.] [Public, No. 101.] Alabama. stead entries on rail Vol. 11, p. 18. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where any homestead Transfers allowed entry heretofore allowed under ruling of the Land Department, for for canceled homelands within the limits of the grant made by Act of Congress approved road lands. June third, eighteen hundred and fifty-six (Eleventh Statutes, page eighteen), to the State of Alabama in aid of the construction of the railroad known as the Mobile and Girard Railroad has been canceled because of a superior claim to the land through purchase from the railroad company, which claim has been held to have been confirmed and a confirmatory patent issued for the land under the provisions of section four of the Act of March third, eighteen hundred and eighty-seven (Twenty-fourth Statutes, page five hundred and fifty-six), such home- Vol. 24, p. 556. steader is hereby accorded the privilege of transferring his claim thus initiated under the homestead laws to any other nonmineral unappropriated public land subject to homestead entry, with full credit for the period of residence and for the improvements made upon his homestead herein before first described prior to the order of its cancellation, provided he has not forfeited or voluntarily abandoned his homestead claim and that his application for transfer is presented within one year from the date of the passage of this Act. Should he elect, however, Relinquishment of to retain the tract embraced in his homestead entry heretofore canceled, the holder of the patented title through the railroad grant shall thereupon be invited to relinquish or reconvey the land included in such former homestead entry, and upon filing such relinquishment or reconveyance such holder of the patented title shall be entitled to select and receive patent for an equal quantity of nontimbered, nonmineral, and unappropriated public lands subject to homestead entry, and upon the filing of such relinquishment or reconveyance all right, title, and interest under and through the railroad grant and the confirmatory patent hereinbefore referred to shall revert to the United States, and the tract thus relinquished or reconveyed shall be treated and disposed of as other public lands of the United States: Provided, however, That such previous homesteader shall be reinstated in his homesteader. rights and permitted to complete title to the land previously entered, as though no cancellation of his homestead entry had been made. SEC. 2. That the Secretary of the Interior shall prescribe rules and Rules, etc. regulations for the administration of this Act. Approved, February 24, 1905. patented title. Proviso. of CHAP. 796.-An Act To authorize the promotion of First Lieutenant Thomas Mason, Revenue-Cutter Service. February 25, 1905. Thomas Mason. thorized. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized to advance Lieutenant nue-Cutter Service auThomas Mason, Revenue-Cutter Service, one grade, from first lieutenant to that of captain, on the "Permanent waiting orders" list in the Revenue-Cutter Service, for meritorious acts while in the service of the Navy and of the Revenue-Cutter Service of the United States: Provided, however, That no increase in pay or allowance is to be made by the advance in grade hereby authorized. Approved, February 25, 1905. Proviso. February 25, 1905. [H. R. 17331.] [Public, No. 103.] Rainy River, Minn. to succeed to rights of former company. Vol. 30, p. 398. Vol. 31, p. 167. CHAP. 797.-An Act Relating to a dam across Rainy River. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Rainy River ImproveRainy River Im- ment Company, a corporation organized under the laws of the State of provement Company Minnesota for the improvement of the navigation of Rainy River and Rainy Lake, and its successors and assigns, upon filing with the Secretary of War proof satisfactory to him of its succession to the rights and privileges granted to the Koochiching Company by the following Acts of Congress, namely: Chapter two hundred and thirty-eight of volume thirty of the Statutes at Large, “An Act permitting the building of a dam across Rainy Lake River," approved May fourth, eighteen hundred and ninety-eight; chapter three hundred and forty-six of volume thirty-one of the Statutes at Large, "An Act to amend an Act entitled 'An Act permitting the building of a dam across Rainy Lake River," approved May fourth, nineteen hundred; chapter thirteen hundred and five, volume thirty-two, of the Statutes at Large, “An Act relating to the construction of a dam across Rainy River," approved June twenty-eighth, nineteen hundred and two, shall have the right, subject to the restrictions, conditions, and terms of said several Acts, to construct and maintain the dam provided for therein, at such height as the Secretary of War may approve: Provided, That such dam shall be completed on or before July first, nineteen hundred and eight. Vol. 32, p. 485. Proviso. Time of construction. Proof of succession. Amendment. SEC. 2. That upon filing the proof of its succession to the rights of the Koochiching Company, and the approval thereof by the Secretary of the War, that officer shall issue to the Rainy River Improvement Company a certificate of such approval. SEC. 3. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Approved, February 25, 1905. CHAP. 798.-An Act Relating to the construction of a dam and reservoir on the Rio Grande, in New Mexico, for the impounding of the flood waters of said river for purposes of irrigation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the reclamation Act approved June seventeenth, nineteen hundred and two, shall be extended for the purposes of this Act to the portion of the State of Texas bordering upon the Rio Grande which can be irrigated from a dam to be constructed near Engle, in the Territory of New Mexico, on the Rio Grande, to store the flood waters of that river, and if there shall be ascertained to be sufficient land in New Mexico and in Texas which can be supplied with the stored water at a cost which shall render the project feasible and return to the reclamation fund the cost of the enterprise, then the Secretary of the Interior may proceed with the work of constructing a dam on the Rio Grande as part of the general system of irrigation, should all other conditions as regards feasibility be found satisfactory. Approved, February 25, 1905. CHAP. 799.-An Act To authorize the Secretary of the Treasury to appoint a deputy collector of customs at Manteo, North Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized and directed to appoint a deputy collector of customs at Manteo, in the district of Albemarle, North Carolina, who shall be empowered to grant enrollments and licenses to vessels and to perform such other duties relating to customs and commerce and navigation as the Secretary may direct, and be paid such compensation as he may deem proper. SEC. 2. That the compensation and emoluments of the collector of customs for the district of Albemarle, in the State of North Carolina, shall be continued to be paid on the same basis as heretofore. SEC. 3. That this Act shall take effect July first, nineteen hundred and five. Approved, February 25, 1905. CHAP. 800.-An Act Referring the claim of Hannah S. Crane and others to the Court of Claims. February 25, 1905. Hannah S. Crane, etc. referred to Court of Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That jurisdiction be, and the same is hereby, conferred on the Court of Claims to hear the claim of Hannah S. Crane and others for the value of certain real property in the city of San Francisco, in the State of California, in which they Claims. claim an undivided one-sixth interest, upon the evidence already filed in said court and such additional legal evidence as may be hereafter presented on either side; and if said court shall find that said parties acquired a valid title to said real property as claimed, said court shall award the said parties the market value of the undivided one-sixth of said property at the time possession was taken of it by the United States. And before receiving the same, all of said parties shall execute a release to the United States for all right, title, and interest whatsoever in and to the said property, and any defense, set-off, or counterclaim may be pleaded by the United States, as defendants, as in cases within the general jurisdiction of the court, and either party shall have the same right of appeal as in such cases. Approved, February 25, 1905. CHAP. 1158.-An Act Making provision for conveying in fee certain public grounds in the city of Saint Augustine, Florida, for school purposes. February 27, 1905. Florida. burnt hospital lot" to authorized, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any conveyance heretofore or hereafter made by the mayor of Saint Augustine, Florida, to the board of public instruction of Saint Johns County, Florida, of that certain tract or parcel of ground situate in the said city of Saint Augustine, Florida, known as the "old burnt hospital lot," heretofore conveyed by the United States Government to the mayor of Saint Augustine, Florida, in trust for school purposes, be, and the same is hereby, authorized, ratified, and confirmed; and the title in and to said lot, upon such conveyance being made, shall vest the title to said ground in fee in the board of public instruction of Saint Johns County, Florida, aforesaid. And the said board of public instruction of Saint Johns Sale. County, Florida, is hereby authorized to sell and convey said lot of ground, and to use and appropriate the proceeds thereof in the erection and construction of a public school building in said city of Saint Augustine, Florida. Approved, February 27, 1905. Title. Use of proceeds. February 27, 1905. [S. 7103.] [Public, No. 108.] apolis and Manitoba Railway Company. Selections of lands in Montana confirmed. Description. CHAP. 1159.—An Act Confirming the title of the Saint Paul, Minneapolis and Manitoba Railway Company to certain lands in the State of Montana, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Saint Paul, Minne. States of America in Congress assembled, That the several selections of the south half of the southeast quarter of section five and north half of northeast quarter of section eight, township thirty-two north, range eleven east; lot six of section five, township thirty-two north, range sixteen east; the southeast quarter of northeast quarter of section five, township thirty-two north, range seventeen east; the northwest quarter of northwest quarter of section thirty-five, township thirty-three north, range nineteen east; the southwest quarter of the southeast quarter and southeast quarter of southwest quarter of section thirty-two, township thirty-two north, range thirty-three east, Montana principal meridian, in the State of Montana, containing in all three hundred and fifty-six and eleven one-hundredths acres, made by the Saint Paul, Minneapolis and Manitoba Railway Company in the United States land office at Helena, Montana, between the years eighteen hundred and ninety-three and eighteen hundred and ninetynine, under the provisions of an Act of Congress entitled "An Act for the relief of settlers on certain lands in the States of North Dakota and South Dakota," approved August fifth, eighteen hundred and ninety-two, and the patents of the United States thereafter issued under said Act conveying said lands to said railway company be, and the same are hereby, ratified and confirmed, and the said lands granted to said railway company. Vol. 27, p. 390. Selections on former Indian lands confirmed. Vol. 27, p. 391. Patents. Vol. 25, p. 133. Proviso. Restriction. SEC. 2. That, the Secretary of the Interior be, and he is hereby, authorized and empowered to approve the selection of one hundred and twenty acres of unsurveyed land situated in township thirty-two north, range fourteen east, Montana principal meridian, made by the said The Saint Paul, Minneapolis and Manitoba Railway Company, under the Act of Congress aforesaid, on the twenty-sixth day of March, eighteen hundred and ninety-seven, in the United States land office at Helena, Montana, whenever said land shall have been duly surveyed, and to thereafter patent and convey said land to said railway company, notwithstanding the limitations contained in section three of an Act of Congress entitled "An Act to ratify and confirm an agreement with the Gros Ventre, Piegan, Blood, Blackfeet, and River Crow Indians in Montana, and for other purposes," approved May first, eighteen hundred and eighty-eight: Provided, That said land was in all other respects subject to selection by said railway company under said Act of eighteen hundred and ninety-two, and the said railway company has complied and shall hereafter comply with the requirements of said Act of eighteen hundred and ninety-two. Approved, February 27, 1905. February 27, 1905. [H. R. 1860.] [Public, No. 109.] Twentieth Regiment New York Volunteer corrected. CHAP. 1160.-An Act For the relief of certain enlisted men of the Twentieth Regiment of New York Volunteer Infantry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the men whose honor able muster out of the service of the United States as enlisted men of certain enlisted men the Twentieth Regiment of New York Volunteer Infantry, to date from the first day of June, eighteen hundred and sixty-three, was directed by the Secretary of War in a special order issued through the Office of the Adjutant-General of the Army, said order being numbered one hundred and fifty-two, and bearing date of the fourth day of April, eighteen hundred and sixty-six, shall be held and considered to have |