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warding claim makes every determination such claims have been settled in full; such prerequisite to payment, there is a "final an equity does not arise from the doctrine settlement" within statute governing subcon- of subrogation, nor from an express contract tractors' suits on contractor's bond under of the principal, made before he became inGovernment contract, notwithstanding Comp- solvent, to indemnify the surety out of those troller General may not approve administra- particular funds in this case the "retained tive determination in his auditing of ac- percentage" due the principal under a concounts (Heard Act, as amended, 40 U. S. C. A. struction contract. American Surety Co. v. sec. 270; Budget and Accounting Act 1921, Westinghouse Electric Manufacturing Co. sec. 304, 31 U. S. C. A. sec. 44). Christman (1935), 296 U. S. 133 (affirming (C. C. A., Co. v. Michigan Gypsum Co. (C. C. A. 1936), 1935), 75 F. (20) 377). 85 F. (20) 474.

Moneys due by the Government as deLetter written in behalf of Chief of Engi- ferred payments under a building contract

to Government General Accounting were paid over by the Government to the Office, transmitting voucher for direct settle contractor, although the contractor had ment in favor of contractor covering final failed to perform the obligation imposed payment, and inclosing itemized statement on him by the Materialmen's Act, 40 U. S. C. of work done, held "final settlement" within 270, and by his bond, to pay persons who statute limiting time for suit on Govern- supplied labor and materials in the progress ment contractor's bond (Heard Act, 40 of the work. The contractor, in obtainU. S. C. 270). Corell v. U. S. (C. C. A., ing his bond, had promised the surety in 1935), 77 F. (2d) 161.

writing that he would not assign any such Multiple suits.--Under statute authoriz- payments to any third person and had, on ing single suit by creditor in name of United the contrary, undertaken to assign them States on bond of contractor for public to the surety to the end that, in the event works, court is without jurisdiction of sec-of any breach or default in the Government ond suit, which is treated as a nullity (Heard contract, such money might be credited upon Act, as amended, 40 U. S. C. A. 270). U. S. any loss or damage sustained by the surety v. Century Indemnity Co. (D. C., 1935), 9 under the bond. Held that an equitable lien F. Supp. 809.

arose from the assignment in favor of the Disposition of funds withheld by Govern- surety to have the moneys received by the ment.--Labor and material claimants were contractor from the Government applied to subrogated to lien of surety on general the satisfaction of the claims of laborers contractor's bond against balance of con- and materialmen, and that this equity was tract price retained by Government, and had superior to the claim of one who, with noexclusive right thereto, where contractor tice, had lent money to the contractor and became bankrupt, and surety, which com- under power of attorney from the contractor, pleted project, was insolvent, and amount had collected the deferred payments from of claims exceeded amount of retained funds. the Government and applied them to his loan. Philadelphia Nat. Bank v. McKinlay (App. Martin v. National Surety Co. (1937), 300 D. C., 1934), 72 F. (20) 89.

U. S. 588. Person furnishing labor and material for Jurisdiction of courts.--Federal court of Government project has equitable lien on district where work was done had jurisdiccontract price until fund is paid to generaltion in suit on Government contractor's Government contractor, irrespective of statu- bond, though surety was domiciled in another tory bond (40 U. S. C. A. sec. 270). Id. district, and State court, which had decreed

Claimants furnishing labor and materials surety's dissolution and appointed receivers to original Government contractor who be- had not authorized suit against receivers came bankrupt, and whose surety completed (40 U. S. C. A. sec. 270). U. $. v. Union work under a new Government contract, held Indemnity Co. (D. C., 1934), 6 F. Supp. 360. entitled to maintain suit in District of Co- Surety taking over work.-A bondsman, in lumbia Supreme Court for distribution of taking over a Government contractor's work portion of contract price retained by Gov- as assignee of the contract, stands in the ernment, where surety also became insolvent position of the assignor and as against the (40 U. S. C. A. 270). Id.

Government can assert no greater rights Where a bond securing payment of the than that of the assignor. claims of materialmen was required by A surety on a contract with the United statute, and its full amount has been paid States is in contractual relations with the by the surety and applied in part satisfac-United States from the time of the execution tion of such claims, the surety, against such of the bond. Southern Surety Co. v. U. S. claimants, has no equity to reimbursement (1932), 75 Ct. Cl. 47. from funds of its insolvent principal until

543. For text of this section as published in the 1929 Edition, see 581, 582, post.

544. Bonds; officers of the Quartermaster and Finance Departments.-All officers of the Quartermaster's, Subsistence, and Pay Departments, the chief medical purveyor, and assistant medical purveyors, and all storekeepers shall, before entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for all public moneys and property which they may receive. The President may, at any time, increase the sums so prescribed. But the Quartermaster General shall not be liable for any money or property that may come into the hands of the subordinate officers of his department. R. S. 1191; sec. 1, act of Feb. 27, 1877 (19 Stat. 243); 10 U. 8. C. 1312.

Provided further, That hereafter the provision of section eleven hundred and ninety-one of the Revised Statutes of the United States may, in discretion of the Secretary of War, be waived in the cases of officers of the Quartermaster Corps who are not accountable for public funds or public property. Sec. 1, act of Aug. 29, 1916 (39 Stat. 626); 10 U.S. C. 1313.

The President is authorized, if in his opinion the interest of the United States requires the same, to regulate and increase the sums for which bonds are, or may be, required by law, of all district attorneys, collectors of customs, naval officers, and surveyors of customs, Navy agents, receivers and registers of public lands, paymasters in the Army, Commissary-General, and by all other officers employed in the disbursement of the public moneys, under the direction of the War or Navy Departments. R. S. 3639; 31 U. S. C. 521.

The War Department recommends express repeal of so much of the first paragraph of this section, based on R. S. 1191 as amended ; 10 U. S. C. 1312, as relates to medical purveyors and storekeepers, which has been eliminated from the United States Code.

By act of Sept. 21, 1922 (42 Stat. 974), naval officers of customs were designated "comptrollers of customs." By act of Mar. 3, 1925 (43 Stat. 1145), the offices of "register" and "receiver" of public lands were consolidated. By act of Aug. 24, 1912 (37 Stat. 591), the office of the commissary general was consolidated with that of the Quartermaster General. By act of Apr. 27, 1914 (38 Stat. 356), the Chief of the Quartermaster Corps was designated “Quartermaster General of the Army." The Finance Department was created by enactment embodied in 68, ante.

545. Bonds; deputies of disbursing officers.- Provided, That every deputy so designated for a disbursing officer who is bonded shall, if not already under bond, give bond as required by the head of the department concerned. Act of July 3, 1926 (44 Stat. 888); 31 U. 8. C. 103a.

546. Bonds; special disbursing agents.—Whenever it becomes necessary for the head of any department or office to employ special agents, other than officers of the Army or Navy, who may be charged with the disbursement of public moneys, such agents shall before entering upon duty give bond in such form and with such security as the head of the department or office employing them may approve. R. S. 3614; 31 U. S. C. 481.

547. For text of this section as published in the 1929 Edition, see 1315, post.

548. Bonds; officers of the National Guard.-* Provided further, That officers of the organized militia who may hereafter be furnished, under proper authority, with funds for the purchase of coffee, or other components of the travel ration for the use of their respective commands, shall not be required to furnish bonds for the safe-keeping and disbursement of the same. Act of May 11, 1908 (35 Stat. 117); 32 U. S. C. 48.

549. For text of this section as published in the 1929 Edition, see 2030, post.

550. Bonds; District of Columbia Schools.-- * Provided, That a bond shall not be required on account of military supplies or equipment issued by the War Department for military instruction and practice by the students of high schools in the District of Columbia. Sec. 1, act of Feb. 25, 1929 (45 Stat. 1278), making appropriations for the District of Columbia.

A similar provision has appeared in prior and subsequent appropriation acts.

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CHAPTER 8

CITIZENSHIP AND NATURALIZATION

Citizenship:

Expatriation--Continued.
Persons born in the United States, 551. Probibited in time of war, 559.
Indians, 552.

Repatriation of veterans of allied armies, 560. Hawaiians, 553.

Naturalization : Puerto Ricans, 554.

Filipinos, Puerto Ricans, and aliens in Inhabitants of Virgin Islands, 554a.

military service or honorably disPersons born in the Canal Zone or the

charged therefrom, 561. Republic of Panama, 554b.

Alien declarants enlisted conditionally, Children of citizens born outside the

562. United States, 555.

Alien veterans, 563. Children of naturalized persons, 556.

Aliens owing permanent allegiance to Children born abroad of alien parente,

the United States, 564. 557.

Neutral declarants withdrawing intenExpatriation :

tion to escape military service, 565. Presumption, 558. 551. Citizenship; persons born in the United States.-All persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. R. S. 1992; 8 U. S. C. 1.

Notes of Decisions In general.-Doubts existing concerning American-born mother was American citizen. grants of citizenship should generally be re- State v. Murray (Mo., 1926). 292 S. W. 434. solved in favor of the United States. U. S. v. Alien's son, born in United States, was Manzi (1928), 276 U. S. 463.

"citizen." Von Schwerdtner v. Piper (D. C., American-born son of English father and | 1928), 23 F. (20) 862.

552. Citizenship; Indians. That all noncitizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States: Provided, That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property. Act of June 1924 (43 Stat. 253); 8 U.S. 0.3.

That every American Indian who served in the Military or Naval Establishments of the United States during the war against the Imperial German Government, and who has received or who shall hereafter receive an honorable discharge, if not now a citizen and if he so desires shall, on proof of such discharge and after proper identification before a court of competent jurisdiction, and without other examination except as prescribed by said court, be granted full citizenship with all the privileges pertaining thereto, without in any manner impairing or otherwise affecting the property rights, individual or tribal, of any such Indian or his interest in tribal or other Indian property. Act of Nov. 6, 1919 (41 Stat. 350); 8 U. 8. C. 3.

553. Citizenship; Hawaiians.--That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. Sec. 4, act of Apr. 30, 1900 (31 Stat. 141); 8 U. 8. C. 4; 48 U. S. C. 494.

554. Citizenship; Puerto Ricans. That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, “temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes." and all natives of Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States : Provided, That any person hereinbefore described may retain bis present political status by making a declaration under oath of his decision to do so within six months of the taking effect of this act before the district court in the district in which he resides, the declaration to be in form as follows: "I,

; being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island.”

In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declaration under oath in the form herein provided within six months of the taking effect of this Act to the executive secretary of Puerto Rico: And provided further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor upon reaching his majority or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. Sec. 5, act of Mar. 2, 1917 (39 Stat. 953); 8 U. S. C. 5.

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 Puerto Rico: Provided, That persons born in Puerto 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 Puerto Rico may within one year after the passage 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 Puerto 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); 8 U. S. C. 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

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