Page:United States Statutes at Large Volume 44 Part 1.djvu/1317

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1303 TITLE $0.-—PUBLIC BUILDINQ otherwise apecidcally directed, may eater inte coatracts within me fall limit of cast dxed by Congress therefor. (May 30, 1908,c.@,}34.35_Stat. 545.) · 262. Renting buildings ea lands acquired for sites.--The Sccretary of the Treasury is authorized, until their removal becomes n&aary, to rent any building or bulldiuga not remrved by the vendors ven landa acquired before March 4, www, or therafter for building. sites. or for the enlargement of bnllding sites, the da to M deposited in the Treasury, and a report thereof to be submitted to Congress at the begia-— ning of ucla regular smion theregf. (Maint 4, 1909, c. 299, §1,35Stnt.959.) `l ·- ` 2H. Ad! Bet cmutraed to appropriate money.-—No Act passed authorizing the Secretary of the Treasury to purchase a mte and `erect a pnblic. building thereon shall be held or _— @trued re appropriate money unless the Act in express leégum makes such npproprtationa. (Aug. 7, 1882, c. 433, $1,%Stat.3%.) . e _ __ » 34. on future authorizations for construction of pai! aices.-——No authorizationQ_hall be made for [the conxmction of a building to be used exclusively for post-omce pur?. jams. er any town `or city where the postal receipts have not reached mam at $10,0w annually, nor aliall any authorization for the purchase ot a site for poht·pQce purposes only be made at any town or city wgere the postal receipts have not reached the sum ot $,009 annually, (Mar. 4, 1913,1:. 141, § 5, 37 Stat. 879.) ‘ · · · - _ 265. Plugs by Treasury Department for 'baildings under etlsq executive departments or establishments.—The Secretary at thejfreasury may, in his discretion, upon the request of ` the head of any other executive departuxent, or- establishment of the Government not under any executive department, cause} the plans, drawings, designs, specidmtions. and estimates to be‘pre· _ ` pared in the Oiliee of the Supervising Architect, for any building _·o»r building for governmental, purposes which the head' of any » ether executive department or establishment net under all ex- . ecatlve- department may. be authorized to have constructed :' Provided, That the proper appropriations for the support and maintenance of the Othee of the Supervising.Architect be reimlmram ter the eoat at auch work; , ( J ine 25, 1916, c. 383, § 35, 36 Stat. %.) _ · l ‘ ‘ 256. Plans for public balding!.-——The purchase of specially. I {prepared paper ferahe duplication of plans, and auch other 111*- eldental expenses and supplies he the Secretar of the Treasury may deem ueceaaary and apécially order for the. use of the Otllee et the Supervising Architect.,`excl11afvel:j for the p purpose at carrying into effect appropriations for public buildings, shall be paid for from and equitably charged against auch , appropriatloaa, in accordance-width the practice existing on March 3, 1903. (Har. 3, 1903, c. lQ07,. § ·1, 32 Stat. 1091.) · - ` 267. Restrictions QE buildings; approval of sketch plans; changes; linlt M east.-=-—;No· money shall be expended upon any public hnilding until after aketch plans, showing the tentative deaign_.and·aJrall§e}1lé1et ot such building, together with outline. description anddetailed estimates of the coat thereof sballhave been made by the `Snpervislng.°Architect of- the 'lfreaaurj Departmnt (ekeept when- etherwiae authorized by law) and said sketch p1a¤s'and_estiinatw 'ahall have been appnoved, by the ’ Secrmary of the Treasury and the head of each executive de- . partmeat who’·will have eowelala leeated in auch `bnlldiug; but meh approqval shall. not prevent submaent jahaagea in the dwign; arrangement, materials, or tnethwa ot eomtteuctlen- or .. coat which may he found aecemary er advantageous: Provided, That no each changes shall be made involving an expense la _ ·exeeaa_ot the limit ot east dxed or extended by Goagreas; and all appropriations made ter the construction of auch building shall be expended within limit of ceatao Hxed er. extended _(B. S. { 3734:5 Jane %,_1il10;,e. 383, I %, 88 Stat. @9.) ·

SS, PROPERTY, AND WORKS 3 Alu 268. Plans not to be approved until selection of ,¤ltc.———No plan shall be approved by the Secretary ot the Treasurjr for Ml? public building authorized by Congress to be erected until after the to therefor shall have been iinally selected; and he l shall not horize or approve any plan for any such building which sha olye a greater expenditure in the completion et such building, including heating apparatus, elevators, and approaches thereto, than thelamount that shall remain of the sum specfiled ‘ in the law authorizing the erection}f‘ such building excluding cost of site. ·(Mar. 2, 1389, ·c. 411, § 1, 25-Stat.*941.) . , 269. Contracts for public buildings or wo ,,_, {stipulation for damages for delay.—In all contracts cute? into with the United States for the construction or repair oi any it public building or public Qwork under the contrel of =the Treasury Department, a— stipulation shall be inserted tofliquidated dannages for delay; and the Secretary of the Treasury lis authorized and empowered to remit the whole or any part ot such damages "as in his discretion maybe just and equitable; and in all suits commenced on any such contracts or en any_ bond given in connection therewith it ‘ shall net. be necassary s for the United States, whether plaintiff or defendant, to prove actual or spe- `ciflc darnages sustained by the Government by reason, of delays, but ’such` stipulation for liquidated damages shall be concln·· ’ sive and binding upon all parties. (June 6, ‘1w2, c. 1036, § 21, 32 Stat. *326.) ` 270. _ Bonds. of contractors for public buildings or works;` rights of persons `furnishing labor and materials.-Any person or persons? entering into a formal contract with the;-United States for the construction of any public building, or the proscg cution 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 mad, with good- and suiiicieptl suretles, withlthe additional obligation that such contractor or contractors shallpromptly make payments to all persons supplying h"iin_ or then: with laborand materials in the prosecution of the work provided for in such contract; and any person, coinpany, or corporation who has furnished labor or materials used in the’construc‘tion er repair of any public building or pubIic{·`work,· and payment for which has not been inade, shall have the right ‘to;_ intervene and be made a ¥pa_rty to any action instituted by the United j 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 thelclaim and judgment ot the United States. ‘It the full amount of the liability of the · surety on said` bend is lnsumcient to pay the full amount of said claims and de;x_n__ands, then, after paying the full amount due the United States, lgthe réigflalnder shall distributed prot rata among said interveners, It so suit should be brought _ by the United States within six months from the completion and anal- settlement of said contract, then the person or persons supplying the contractor with labor and materials shall, upon application therefvi'. and furnishing wasnt to the department under jthe direction ot which said work ‘ has been prosecuted that labor or materials for the prosecution ot such work, has been supplied by him or them, and payment» for whichhas not _ bcenjnxade, be furnished with a certlhed copy of said contract and bond, upon which he orthey shall have a right ot action, and shall be, and are- hereby, authorized to bringsuit in the name of .the United States in the district court of the United States in the district in which said contract was to be performed and executed, irrespective of the amount in ‘controversy lrrsuch suit, and not elsewhere, for his or their use and benefit, against said contractor and his sureties, and to prosecute the same to dual? judgment and execution: Provided, (that swhere suit is instituted by any of such creditors on the bond of the: cbntractor lf shall not’be_ commenced until after the complete . \ ; '~‘