209 U. $. Statement of the C?e. tiff below) against the plaintiff in error for the sum of $2,054.23. The action was brought in the Circuit Court above mentioned, in the name of the United States for the use and benefit of Struthers Wells Company against the plaintiff in error, and against the individual defendant Flaherty, as well as one Lande, upo? a bond dated December 10, 1903, executed by Flaherty as principal, and the above-mentioned plaintiff in error as surety, by which they were held bound in the sum of $40,000, to be paid the United States as liquidated damages, the condition of the obligation being that if Flaherty, his sue: cessoR, heiR, etc., should well and truly execute the contract annexed to the bond, which he had entered into with Colonel W. A. Jones, U. 8. A., Engineer, of the Fifth Lighthouse Dis- trict, for and in behalf of the United States, by which Fluberry covehunted and agreed to completely construct and deliver the metal work for the Baltimore lighthouse, Maryland, ac- cording to all the conditions of the said contract, and should promptly make payments to all persons supplying said Flaherty labor ? materials in the prosecution of th? work provided for in such contract, then the obligation was to be void; otherwise to remain in full force and virtue. It was averred in the complaint that the action was brought i,t the name of the United States by StrutheR Wells Company, for its use and benefit, against the plaintiff in error and Flaherty (and also one Lande, who had been joined with Flsherty in the contract), pursuant to the act of Congress of August 13, 1894. See 28 Stat. 278. The section is set forth in the margin. ? t28 Stat. Chaptcr 280, p. 278: "B? it enacted, etc., That hereafter any per?oa 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 re- pa/rs upon any public building or public work, shall be required before com- mencing such work to execute the uzual penal bond? with good and sufficient sureties, with the additional obligations that such contractor or contractors shall promptly make paymentz to all persuaz supplying him or them labor and materials in the prosecution of the work provided for in such contract; and any person or persons making application therefor, and furnishing alf?iavit to the Department under the dixection of which ?aid work is being,
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