Слике страница
PDF
ePub

of the Chief of Infantry, $60,583. Title I, act of Mar. 4, 1933 (47 Stat. 1587), making appropriations for the War Department.

The original text of this section, based on act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the War Department, is superseded by the above provision, which has been repeated in subsequent appropriation acts.

7514. Tank schools.

This section, based on act of Feb. 28, 1929 (45 Stat. 1366), making appropriations for the War Department, was not repeated in the corresponding act for the fiscal year 1934.

CHAPTER 7

BONDS

Sureties; limitation of action against, Bonds of contractors, 542.

[blocks in formation]

A similar statute applicable to contracts with the District of Columbia for public buildings or other public works was enacted July 7, 1932 (47 Stat. 608).

NOTES OF DECISIONS

Contracts within the statute.-Contract for clearing, dredging, and construction in connection with Marine Corps flying field held within statute providing contractors for public work should execute bond that contractors should pay persons supplying labor and materials. Trimount Dredging Co., for Use of Brown & Hooff, et al. v. United States Fidelity & Guaranty Co. (Md. 1934), 171 Atl. 700.

Labor and materials within statute.Statute giving person supplying labor or materials action on Government contractor's bond should be liberally construed to protect such person. Equitable Casualty & Surety Co. et al. v. Helena Wholesale Grocery Co. (C.C.A. 1932), 60 F. (2d) 380.

Provisions furnished Government contractor and subcontractor for feeding laborers, where location of work rendered furnishing of board necessary, held "materials in prosecution of work provided for in contract within " statute giving materialmen action on bonds. Id.

"Final settlement " within statute.Materialman's suit on contractor's bond brought within one year after final settlement by General Accounting Office held not "barred, though more than a year had elapsed since certificate of Department of the Interior, which was in charge of work. United States to Use of Steacy-Schmidt

87466-35--3

Mfg. Co. Inc. v. Globe Indemnity Co. (C.C.A. 1933), 66 F. (2d) 302.

Persons entitled to protection of bond.Those furnishing labor and materials to subcontractors for Government work are protected by bond given by contractor securing payments of persons supplying labor and materials in prosecution of work. Trimount Dredging Co., for Use of Brown & Hooff, et al. v. United States Fidelity & Guaranty Co. (Md.) 1934), 171 Atl. 700.

Liability on bonds in general.-Government contractor suing for use of laborers and materialmen whom subcontractor did not pay, could not recover against surety on subcontractor's bond, where contractor, though it inserted in its contract and bond to Government required clause for payment of labor and materials, did not repeat clause in subcontract and subcontractor's bond. Trimount Dredging Co., for Use of Brown & Hooff et al. v. United States Fidelity & Guaranty Co. (Md. 1934), 171 Atl. 700.

Undertaking of surety on subcontractor's bond is confined to terms of its contract, and is not amplified by equitable rights against its principal extraneous to such contract. Id.

Where neither contract nor bond provides for payment of labor and material claims, these are not protected even though there be statute requiring their protection. Id.

[blocks in formation]

That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Porto Rico: Provided, That persons born in Porto Rico of alien parents, referred to in the last paragraph of section 5, who did not avail themselves of the privilege granted to them of becoming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided further, That persons who elected to retain the political status of citizens of Porto Rico may within one year after thepassage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Porto Ricans born of foreign parents. Sec. 5a, added to act of Mar. 2, 1917, by sec. 2, act of Mar. 4, 1927 (44 Stat. 1418); U.S.C. 8: 5a.

All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto

Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women ", as amended. Sec. 5b, added to act of Mar. 2, 1917, by act of June 27, 1934 (48 Stat. 1245); U.S.C. 48: 7336.

The above provisions are added as new paragraphs of this section.

554a. Same; inhabitants of Virgin Islands.-That the following persons and their children born subsequent to January 17, 1917, are hereby declared to be citizens of the United States:

(a) All former Danish citizens who, on January 17, 1917, resided in the Virgin Islands of the United States, and are now residing in those islands or in the United States or Puerto Rico, and who did not make the declaration required to preserve their Danish citizenship by article 6 of the treaty entered into on August 4, 1916, between the United States and Denmark, or who, having made such a declaration, have heretofore renounced or may hereafter renounce it by a declaration before a court of record;

(b) All natives of the Virgin Islands of the United States who, on January 17, 1917, resided in those islands, and are now residing in those islands or in the United States or Puerto Rico, and who are not citizens or subjects of any foreign country; and

(c) All natives of the Virgin Islands of the United States, who, on January 17, 1917, resided in the United States, and are now residing in the Virgin Islands of the United States, and who are not citizens or subjects of any foreign country.

(d) All natives of the Virgin Islands of the United States who are, on the date of enactment of this subdivision, residing in continental United States, the Virgin Islands of the United States, Puerto Rico, the Canal Zone, or any other insular possession or Territory of the United States, who are not citizens or subjects of any foreign country, regardless of their place of residence on January 17, 1917. Sec. 1, act of Feb. 25, 1927 (44 Stat. 1234), as amended by sec. 5, act of June 28, 1932 (47 Stat. 336); U.S.C. 8:5b.

All persons born in the Virgin Islands of the United States on or after January 17, 1917 (whether before or after the effective date of this Act), and subject to the jurisdiction of the United States, are hereby declared to be citizens of the United States. Sec. 3, act of Feb. 25, 1927 (44 Stat. 1235); U.S.C. 8:50.

555. Same; children of citizens born outside the United States. Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child. In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child's twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization. R.S. 1993, as amended by sec. 1, act of May 24, 1934 (48 Stat. 797); U.S.C. 8: 6.

This section has been. amended as above.

557. Same; children born abroad of alien parents.-That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the father or the mother: Provided, That such naturalization or resumption shall take place during the minority of such child: And provided further, That the citizenship of such minor child shall begin five years after the time such minor child begins to reside permanently in the United States. Sec. 5, act of March 2, 1907 (34 Stat. 1229), as amended by sec. 2, act of May 24, 1934 (48 Stat. 797); U.S.C. 8: 8.

[blocks in formation]

A citizen of the United States may upon marriage to a foreigner make a formal renunciation of his or her United States citizenship before a court having jurisdiction over naturalization of aliens, but no citizen may make such renunciation in time of war, and if war shall be declared within one year after such renunciation then such renunciation shall be void. 1934 (48 Stat. 797); U.S.C. 8: 17a.

Sec. 3, act of May 24,

The above provision is added as a new paragraph of this section.

NOTES OF DECISIONS

In general.-One becoming citizen by mother's naturalization by marriage could not expatriate himself by joining Canadian

Expeditionary Forces after United States
declared war.
In re Bishop (D.C. 1927) 26
F. (2d) 148.

560. Repatriation of veterans of allied armies.-Twelfth. That any person who, while a citizen of the United States and during the existing war in Europe, entered the military or naval service of any country at war with a country with which the United States is now at war, who shall be deemed to have lost his citizenship by reason of any oath or obligation taken by him for the purpose of entering such service, may resume his citizenship by taking the oath of allegiance to the United States prescribed by the naturalization law and regulations, and such oath may be taken before any court of the United States or of any State authorized by law to naturalize aliens or before any consul of the United States, and certified copies thereof shall be sent by such court or consul to the Department of State and the Bureau of Naturalization, and the act (Public Fifty-five, Sixty-fifth Congress, approved October fifth, nineteen hundred and seventeen), is hereby repealed.

Any individual who claims to have resumed his citizenship under the provisions of this subdivision may, upon the payment of a fee of $1, make application to the Commissioner of Naturalization, accompanied by two photographs of the applicant, for a certificate of repatriation. Upon proof to the satisfaction of

« ПретходнаНастави »