§ 1420. Suits on Federal building contractor's bond-interveners. 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 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 said interveners. First part of act August 13, 1894, as amended by act February 24, 1905, c. 778, 33 Stat. 811, U. S. Comp. Stat. 1905, p. 493. § 1421. right of contractors to sue in name of United States. 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. Next succeeding part of August 13, 1894, as amended by act February 24, 1905, c. 778, 33 Stat. 811, U. S. Comp. Stat. 1905, p. 493. § 1422. time when creditors must sue. 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. Proviso following preceding portion of act August 13, 1894, as amended § 1423. all creditors in one suit-pro rata payment-discharge of surety. 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 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 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 liabilty. Proviso following preceding portion of act, August 13, 1894, as amended February 24, 1905, c. 778, 33 Stat. 811, U. S. Comp. Stat. 1905, p. 494. § 1424. creditors to have actual and published notice of suit. 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. Concluding proviso of act August 13, 1894, as amended February 24, 1905, c. 778, 33 Stat. 811, U. S. Comp. Stat. 1905, p. 494. CHAPTER 44. PROCEDURE IN SUITS AGAINST UNITED STATES. § 1440. Partition proceedings where United States are parties-bill and service. appearance and pleading on behalf of United States. -sale and purchase by United States. Customs cases-procedure on appeal from general appraisers-re turn of evidence. taking of additional evidence. court's decision final-review. satisfaction of judgment-circuit court may establish rules. Court of Claims-procedure in general. -set off or counter claim of government allowed. -or may be deducted in paying judgment. decree that disbursing officer's loss was without fault entitles him to credit on his accounts. -procedure in cases transmitted by executive departments. § 1441. § 1442. § 1443. § 1444. § 1445. court to decide from record-priority. § 1446. § 1447. 1448. § 1449. § 1450. § 1451. § 1452. $ 1453. § 1454. when aliens may sue in Court of Claims. § 1455. § 1456. § 1457. § 1458. § 1459. § 1460. § 1461. § 1462. § 1463. § 1464. § 1465. § 1466. § 1467. § 1468. § 1469. § 1470. § 1471. allegations in claimant's petition-verification. petition dismissed on claimant's failure to show allegiance. court may appoint commissioners to take testimony. testimony not to be taken if no grounds for relief shown. -order for claimant's examination before commissioner. -witnesses may be subpoenaed. -cross examination. -commissioner to administer oath to witness. claims forfeited for fraud. -new trial, when granted on motion of claimant. § 1472. -rate and allowance of interest. § 1473. § 1474. -no interest before judgment unless contract so stipulated. § 1476. § 1477. Procedure under Bowman act-averment of loyalty § 1481. § 1482. § 1483. -petition and verification. § 1484. § 1485. § 1486. Attorney General to represent United States-appeal-judgment binding. trial to be by court without jury. service of petition, appearance for United States and default. -opinions, findings, etc., to be in writing. interested parties may testify. § 1491. § 1492. § 1493. § 1494. Attorney General to report to Congress. costs. inconsistent laws repealed. Procedure on Indian Depredation claims-petition. § 1495. -taking testimony, parties as witnesses, judgment. § 1496. § 1498. judgments to be charged against Indians. 1497. -judgments final unless new trial or appeal. lists of judgments sent to Congress and paid. § 1499. -assignment of claims void-attorney fees. § 1500. -appeals-mode of procedure. § 1501. § 1502. -papers in departments and before Congress to be furnished court. assistant Attorney General to be appointed. § 1503. Procedure on various kinds of claims. § 1504. Payment of judgments and awards through department auditors. § 1440. Partition proceedings where United States are parties -bill and service. When such suit [i. e. a suit for partition1] is brought by any person owning an undivided interest in such land, other than the United States, against the United States alone or against the United States and any other of such owners, service shall be made on the United States by causing a copy of the bill filed to be served upon the district attorney of the district wherein the suit is brought, and by mailing a copy of the same by registered letter to the Attorney General of the United States; and the complainant in such bill shall file with the clerk of the court in which such bill is filed an affidavit of such service and of the mailing of such letter. 1See ante, § 141. First part of § 2, act May 17, 1898, c. 339, 30 Stat. 416, U. S. Comp. Stat. 1901, p. 516. The remainder of § 2 of the act is contained in the next two sections of this Code. § 1441. appearance and pleading on behalf of United States. It shall be the duty of the district attorney upon whom service of the bill is made as aforesaid to appear and defend the interests of the Government, and within sixty days after service upon him as hereinabove prescribed, unless the time shall be enlarged by order of the court made in the case, to file a plea, answer, or demurrer on the part of the Government, and the cause shall proceed as other cases for partition by courts of equity, and in making such partition the court shall be governed by the same principles of equity that control courts of equity in partition proceedings between private persons. Second part of § 2, act May 17, 1898, c. 339, 30 Stat. 416, U. S. Comp. Stat. 1901, p. 516. § 1442. -sale and purchase by United States. Whenever in such suit the court shall order a sale of the property or any part thereof the Attorney General of the United States may, in his discretion, bid for the same in behalf of the United States. If the United States shall be the purchaser, the amount of the purchase money shall be paid from the Treasury of the United States upon a warrant drawn by the Secretary of the Treasury on the requisition of the Attorney General. Concluding part of § 2, act May 17, 1898, c. 339, 30 Stat. 416, U. S. Comp. Stat. 1901, p. 516. The other parts of § 2 of the above act are contained in the two sections of this Code immediately preceding. § 1443. Customs cases-procedure on appeal from general appraisers-return of evidence. Such application [i. e. application to the circuit court by an importer dissatisfied with the board of general appraisers' decision as to liability for duties] shall be made by filing in the office of the clerk of said circuit court a concise statement of the errors of law and fact complained of, and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or |