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the provisions of appropriation Acts approved prior to the passage of this Act.

Act June 19, 1912, c. 174, s. 2, 37 Stat. 138.

Act August 1, 1892, c. 352, mentioned in this act, is set forth above. Time of taking effect of Act.

Sec. 3. That this Act shall become effective and be in force on and after January first, nineteen hundred and thirteen.

Act June 19, 1912, c. 174, s. 3, 37 Stat. 138. ACT MARCH 4, 1909, c. 321. (35 Stat. 1088.) Persons interested in corporations, etc., not to act as officer or agent of United

States in transaction of business with such corporations, etc. Sec. 41. No officer or agent of any corporation, joint stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company, association, or firm. Whoever shall víolate the provision of this section shall be fined not more than two thousand dollars and imprisoned not more than two years.

Act March 4, 1909, c. 321, s. 41, 35 Stat. 1097.

This is a section of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of Rev. St. sec. 1783, which section is expressly repealed by section

341 of this act. Member of Congress interested in public contracts; punishment; contracts void;

repayment of consideration advanced by United States. Sec. 114. Whoever, being elected or appointed a Member of or Delegate to Congress, or a Resident Commissioner, shall, after his election or appointment and either before or after he has qualified, and during his continuance in office, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in whole or in part, any contract or agreement, made or entered into in behalf of the United States by any officer or person authorized to make contracts on its behalf, shall be fined not more than three thousand dollars. All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States, in consideration of any such contract or agreement, it shall forth with be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties, for the recovery of the money so advanced.

Act March 4, 1909, c. 321, s. 114, 35 Stat. 1109.

This is a section of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of Rev. St. sec. 3739, which section is expressly repealed by section

341 of this act. Making official contract with Member of Congress; punishment.

Sec. 115. Whoever, being an officer of the United States, shall on behalf of the United States, directly or indirectly make or enter into any contract, bargain, or agreement, in writing or otherwise, with any Member of or Delegate to Congress, or any Resident Commissioner, after his election or appointment as such Member, Delegate, or Resident Commissioner, and either before or after he has qualified, and during his continuance in office, shall be fined not more than three thousand dollars.

Act March 4, 1909, c. 321, s. 115, 35 Stat. 1109.

This is a section of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of Rev. St. sec. 3742, which section is expressly repealed by sec

tion 341 of this act. Contracts not affected by two preceding sections.

SEC. 116. Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract or agreement made or entered into, or accepted, by any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any Member of or Delegate to Congress, or Resident Commissioner, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement.

Act March 4, 1909, c. 321, s. 116, 35 Stat. 1109.

This is a section of "An act to codify, revise, and amend the penal laws of the United States," cited above, incorporating therein the provisions of Rev. St. sec. 3740, which section is expressly repealed by sertion 341 of this act.

REV. ST. SEC. 3741.
Stipulation in contracts that no Member of Congress has an interest therein.

SEC. 3741. In every such contract or agreement to be made or entered into, or accepted by or on behalf of the United States, there shall be inserted an express condition that no member of or delegate to Congress shall be admitted to any share or part of such contract or agreement, or to any benefit to arise thereupon.

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REV. ST. SEC. 3743.
Deposit of contracts.

Sec. 3743. All contracts to be made, by virtue of any law, and requiring the advance of money, or in any manner connected with the settlement of public accounts, shall be deposited promptly in the offices of the Auditors of the Treasury, according to the nature of the contracts:

Rev. St. sec. 3743, as amended by act February 27, 1877, c. 69, s. 1, 19 Stat. 249, and act July 1, 1894, c. 174, s. 18, 28 Stat. 210.

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REV. ST. SEC. 3826.
Publication of advertisements, notices, and proposals for contracts.

SEC. 3826. All advertisements, notices, and proposals for contracts
for all the Executive Departments of the Government,
shall hereafter be advertised by publication in the three daily papers
published in the District of Columbia having the largest circulation,
one of which shall be selected by the Clerk of the House of Repre-
sentatives, and in no others. The charges for such publications shall

not be higher than such as are paid by individuals for advertising in said papers, and the same publications shall be made in each of the said papers equally as to frequency: Provided, That no advertisement to any State, district, or Territory, other than the District of Columbia, Maryland, or Virginia, shall be published in the papers designated, unless at the direction first made of the proper head of a Department:

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ACT JULY 31, 1876, c. 246. (19 Stat. 102.) Advertisements for contracts in District of Columbia. * *

in no case of advertisement for contracts for the public service shall the same be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by such advertisement are to be furnished or performed in said District of Columbia.

Act July 31, 1876, c. 246, s. 1, 19 Stat. 105.

This is a provision of the sundry civil appropriation act for the fiscal year 1877, cited above.

ACT JUNE 20, 1878, c. 359. (20 Stat. 208.)
Rate of payment for advertisements, notices, proposals for contracts, etc.

That hereafter all advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts; such rates to be ascertained from sworn statements to be furnished by the proprietors or publishers of the newspapers proposing so to advertise:

but the heads of the several departments may secure lower terms at special rates whenever the public interest requires it.

Act June 20, 1878, c. 359, s. 1, 20 Stat. 216.

This is a provision of the sundry civil appropriation act for the fiscal year 1879, cited above.

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ACT JANUARY 21, 1881, c. 25. An act to regulate the award of and compensa

tion for public advertising in the District of Columbia. (21 Stat. 317.) Advertising in District of Columbia; rates of payment.

That all advertising required by existing laws to be done in the District of Columbia by any of the departments of the government shall be given to one daily and one weekly newspaper of each of the two principal political parties and to one daily and one weekly neutral newspaper: Provided, That the rates of compensation for such service shall in no case exceed the regular commercial rate of the newspapers selected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes.

Act January 21, 1881, c. 25, s. 1, 21 Stat. 317.

Rer. St. sec. 3828, mentioned in this provision, is set forth below. Repeal.

Sec. 2. All laws or parts of laws inconsistent herewith are hereby repealed.

Act January 21, 1881, c. 25, s. 221 Stat. 317.

REV. ST. SEC. 3828.
No publication of advertisement, notice, or proposal, without authority.

Sec. 3828. No advertisement, notice, or proposal for any Executive Department of the Government, or for any Bureau thereof, or for any office therewith connected, shall be published in any newspaper whatever, except in pursuance of a written authority for such publication from the head of such Department; and no bill for any such advertising, or publication, shall be paid, unless there be presented, with such bill, a copy of such written authority. ACT FEBRUARY 24, 1905, c. 778. 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." (33 Stat. 811.) Bonds of contractors for public buildings or works; rights of persons furnishing

labor and materials; remedies on bonds in actions thereon. 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 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 suflicient 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 insti. tuted 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 insuflicient 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 procided 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 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 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."

Act February 24, 1905, c. 778, 33 Stat. 811, amending act August 13,

1894, c. 280, 28 Stat. 278. ACT MARCH 4, 1909, c. 321. (35 Stat. 1088.) Officer making false acknowledgments; punishment.

Sec. 31. Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, shall knowingly make any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter, submitted to, made with, or taken on behalf of, the United States, and concerning which an oath or affirmation is required by law or regulation made in pursuance of law, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined not more than two thousand dollars, or imprisoned not more than two years, or both.

Act March 4, 1909, c. 321, s. 31, 35 Stat. 1094.

This is a section of "An act to codify, rerise, and amend the penal laws of the United States," cited above.

PUBLIC MONEYS AND ACCOUNTING.

REV. ST. SEC. 236.
Public accounts to be settled in the Department of the Treasury.

Sec. 236. All claims and demands whatever by the United States or against them, and all accounts whatever in which the United States are concerned, either as debtors or as creditors, shall be settled and adjusted in the Department of the Treasury.

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