Chapter 40. For the relief of Lindley C
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/statutes-at-large/vol-33/chapter-40-8426359·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 40.— An Act For the relief of Lindley C. Kent and Joseph Jenkins as the sureties of Frank A. Webb. January 13, 1905.[[S. 1352](/us/bill/58/s/1352).][[Private, No. 31](/us/pvtl/58/31).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Frank A. Webb.Relief of sureties on bond of That Lindley C. Kent and Joseph Jenkins, sureties upon the bond of Frank A. Webb for the faithful performance of his contract for the construction, erection, and delivery of buildings for the new Port Penn light station, Delaware (fourth light-house district), having, by failure on the part of said Webb, been obliged to complete said contract themselves for said Webb, but at their own expense, and having by such unexpected failure of said contractor not only been put to great extra cost in such work, but also been, by the terms of the contract, subjected to a very heavy penalty for delayed completion of the work, due to the said Webb’s failure and not to any fault of their own, a penalty far in excess of the actual extra expense thereby caused to the United States, be, and they are hereby, released from so much of said penalty as is in excess of the actual extra expense to the United States by reason of said delays; and that the engineer of the fourth light-house district be, and he is hereby, authorized and directed to pay to the said Lindley C.
Kent and Joseph Jenkins the unpaid balance of the full amount of said contract, less the aforesaid actual extra expense *Proviso*Payment restricted.to the United States by reason of said delays: *Provided, however,* That such payment shall not be made until said engineer is satisfied that all materials used and all labor employed in the construction of said buildings have been duly paid for. Approved, January 13, 1905.