such had been ordered in writing by the contracting officer with the price stated in such order. 40 U. S. C. A., sec. 270b (a). U. S. ex rel. Park L. Davis Co. v. Matthew Cummings Co. et al. (D. C., 1939), 27 F. Supp. 405.

Action on a payment bond issued by defendant under the Miller Act (49 Stat. 793), in connection with a contract for construction of improvements at an airport, for the protection of all persons supplying labor and material in the prosecution of the work provided for in the contract. Judgment modified to exclude certain items. Held: Repair parts, appliances and accessories for equipment used in the construction work which add materially to the value of the equipment and render it available for other work, are not within the coverage of the bond. Rental for equipment used in the performance of the work provided for in the contract, parts, equipment, and appliances which are necessary to, and are wholly consumed in, the performance of such work, and current repairs of an incidental and comparatively inexpensive character which do not add substantially to the value of the equipment and compensate only for ordinary wear and tear, are within the coverage of the bond. Continental Casualty Co. v. Clarence L. Boyd Co. (C. C. A. 10, 1944), 140 F. (2d)

115.

IV. Final settlement.-A contractor under contract to perform government work and surety on his bond could not question validity of Comptroller General's certificate certifying date of final settlement of contract or statute making certificate conclusive where bond was executed after enactment and effective date of statute, since statute had to be read into bond and its provisions treated as part of original agreement. 40 U. S. C. A., sec 270c. U. S., for Use and Benefit of Tobin Quarries, Inc., v. Glasscock et al. (D. C., 1939), 27 F. Supp. 534.

Under Statute limiting time for subcontractor's suit on contractor's bond given United States to one year after final settlement, there must be an unconditional and final ascertainment of the amount due to constitute a "final settlement." 40 U. S. C. A. 270. R. P. Farnsworth & Co., Inc. v. Electrical Supply Co. (C. C. A. 5, 1940), 113 F. (2d) 111; certiorari denied (1940), 311 U. S. 700. So long as the United States contends that contractor must do something more and is holding back an amount, large or small, to secure full performance, there is no "final settlement" of contract within statute limiting time for subcontractor's suit on tractor's bond given United States to one year after final settlement. Id.

con

542a. Bonds of contractors; waiver.-That the Act of August 24, 1935 (46 Stat. 793), may, in the discretion of the Secretary of War or the Secretary of the Navy, be waived with respect to contracts for the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, munitions, matériel, or supplies of any kind or nature for the Army or the Navy, regardless of the terms of such contracts as to payment or title: Provided, That as to contracts of a nature which, at the date of the passage of this Act, would have been subject to the provisions of the Act of August 24, 1935 (49 Stat. 793), the Secretary of War or the Secretary of the Navy may require performance and payment bonds as provided by said Act. Act of Apr. 29, 1941 (55 Stat. 147); 40 U. S. C. 270e.

550. Bonds; District of Columbia Schools.

A similar provision has appeared in subsequent appropriation acts. As repeated in the District of Columbia Appropriation Act, 1944 (57 Stat. 324), this provision was made permanent by inclusion of the word "hereafter". It was not repeated for the fiscal year 1945.

551. Citizenship; by birth generally.—The following shall be nationals and citizens of the United States at birth:

(a) A person born in the United States, and subject to the jurisdiction thereof;

(b) A person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c) A person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has resided in the United States or one of its outlying possessions, prior to the birth of such person;

(d) A person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e) A person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who resided in the United States or one of its outlying possessions prior to the birth of such person;

(f) A child of unknown parentage found in the United States, until shown not to have been born in the United States;

(g) A person born outside the United States and its outlying possessions of parents one of whom is a citizen of the United States who, prior to the birth of such person, has had ten years' residence in the United States or one of its outlying possessions, at least five of which were after attaining the age of sixteen years, the other being an alien: Provided, That, in order to retain such citizenship, the child must reside in the United States or its outlying possessions for a period or periods totaling five years between the ages of thirteen and twenty-one years: Provided further, That, if the child has not taken up a residence in the United States or its outlying possessions by the time he reaches the age of sixteen years, or if he resides abroad for such a time that it becomes impossible for him to complete the five years' residence

in the United States or its outlying possessions before reaching the age of twenty-one years, his American citizenship shall thereupon cease.

The preceding provisos shall not apply to a child born abroad whose American parent is at the time of the child's birth residing abroad solely or principally in the employment of the Government of the United States or a bona fide American, educational, scientific, philanthropic, religious, commercial, or financial organization, having its principal office or place of business in the United States, or an international agency of an official character in which the United States participates, for which he receives a substantial compensation;

(h) The foregoing provisions of subsection (g) concerning retention of citizenship shall apply to a child born abroad subsequent to May 24, 1934. . Sec. 201, act of Oct. 14, 1940 (54 Stat. 1138); 8 U. S. C. 601.

The original text of this section, based on R. S. 1992; 8 U. S. C. 1, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by the above provision.

Section 339, Nationality Act of October 14, 1940 (54 Stat. 1160), as amended by section 3, act of January 20, 1944 (58 Stat. 4); 8 U. S. C. 739, provides for certificates of derivative citizenship.

Notes of Decisions

Indians. The congressional purpose of 1940 Statute providing that a person born in the United States to a member of an Indian, Eskimo, Aleutian or other aboriginal tribe

is a national and citizen of the United States

at birth, was to make clear that born citizens of the United States include persons born after passage of Statute enacted in 1924 stating that all noncitizen Indians born within the territorial limits of the United States are declared to be citizens of the United States. 8 U. S. C. 3. Totus v. U. S.

552. Citizenship; Indians.

(D. C., E. D. Wash. S. D., 1941), 39 F. Supp. 7.

The Citizenship Act of 1924 and Nationality Act of 1940, conferring citizenship on Indians, are not unconstitutional as to Six Nations of Indians, nothwithstanding that relation of Six Nations to the United States may have been that of an independent nation by virtue of treaties between the signatories and that such acts may have been at variance with treaty status of the Six Nations. Ex parte Green (C. C. A. 2, 1941), 123 F. (2d) 862; certiorari denied (1942), 62 Sup. Ct. 1035.

The first paragraph of the original text of this section, based on act of June 2, 1924 (43 Stat. 253); 8 U. S. C. 3, has been eliminated from the Code.

The second paragraph, based on act of November 6, 1919 (41 Stat. 350); 8 U. S. C. 3, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

553. Citizenship; Hawaiians.

By act of July 1, 1940 (54 Stat. 707), women born in Hawaii prior to June 14, 1900, are to be considered as citizens of the United States by birth.

"8 U. S. C. 4" should be eliminated from the citation to the original text of this section, based on section 4, act of April 30, 1900 (31 Stat. 141); 8 U. S. C. 4; 48 U. S. C. 494. 554. Citizenship; Puerto Ricans.

All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the effective date of this Act in Puerto Rico or other territory over which the United States exercises rights of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States. Sec. 202, act of Oct. 14, 1940 (54 Stat. 1139); 8 U. S. C. 602.

A person born in Puerto Rico of alien parents, referred to in the last paragraph of section 5, Act of March 2, 1917 (U. S. C., title 8, sec. 5), and in section 5a, of said Act, as amended by section 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5a), who did not exercise the privilege granted of becoming a citizen of the United States, may make the declaration pro

vided in said paragraph at any time, and from and after the making of such declaration shall be a citizen of the United States. Sec. 322, act of Oct. 14, 1940 (54 Stat. 1148); 8 U. S. C. 722.

The first paragraph of the original text of this section, based on section 5, act of March 2, 1917 (39 Stat. 953); 8 U. S. C. 5, and the second paragraph, based on section 5a, added to act of March 2, 1917, by section 2, act March 4, 1927 (44 Stat. 1418); 8 U. S. C. 5a, have been eliminated from the Code.

The third paragraph, based on section 5b, added to act of March 2, 1917, by act of June 27, 1934 (48 Stat. 1245); 48 U. S. C. 733b, and the fourth paragraph based on section 5c, added to act of March 2, 1917, by act of May 16, 1938 (52 Stat. 377); 8 U. S. C. 5a-1, were expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1173, 1174).

The subject matter is covered by the above provisions.

554a. Citizenship; inhabitants of Virgin Islands.

The first paragraph of this section, based on section 1, act of February 25, 1927 (44 Stat. 1234); 8 U. S. C. 5b, as amended, and the second paragraph, based on section 3, act of' February 25, 1927 (44 Stat. 1235); 8 U. S. C. 5c, have been eliminated from the Code.

554b. Citizenship; persons born in the Canal Zone or the Republic of Panama. (a) Any person born in the Canal Zone on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States, is declared to be a citizen of the United States.

(b) Any person born in the Republic of Panama on or after February 26, 1904, and whether before or after the effective date of this Act, whose father or mother or both at the time of the birth of such person was or is a citizen of the United States employed by the Government of the United States or by the Panama Railroad Company, is declared to be a citizen of the United States. Sec. 203, act of Oct. 14, 1940 (54 Stat. 1139); 8 U. S. C. 603.

The original text of this section, based on act of August 4, 1937 (50 Stat. 558); 8 U. S. C. 5d, 5e, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1174).

555. Citizenship; persons born outside the United States.-A child born outside of the United States, one of whose parents at the time of the child's birth was an alien and the other of whose parents then was and never thereafter ceased to be a citizen of the United States, shall, if such alien parent is naturalized, be deemed a citizen of the United States, when

(a) Such naturalization takes place while such child is under the age of eighteen years; and

(b) Such child is residing in the United States at the time of naturalization or thereafter and begins to reside permanently in the United States while under the age of eighteen years. Sec. 313, act of Oct. 14, 1940 (54 Stat. 1145); 8 U. S. C. 713.

A child born outside of the United States of alien parents, or of an alien parent and a citizen parent who has subsequently lost citizenship of the United States, becomes a citizen of the United States upon fulfilment of the following conditions:

(a) The naturalization of both parents; or

(b) The naturalization of the surviving parent if one of the parents is deceased; or

(c) The naturalization of the parent having legal custody of the child when there has been a legal separation of the parents; and if

(d) Such naturalization takes place while such child is under the age of eighteen years; and

(e) Such child is residing in the United States at the time of the naturalization of the parent last naturalized under subsection (a) of this section, or the parent naturalized under subsection (b) or (c) of this section, or

thereafter begins to reside permanently in the United States while under the age of eighteen years. Sec. 314, act of Oct. 14, 1940 (54 Stat. 1145); 8 U. S. C. 714.

A child born outside of the United States, one of whose parents is at the time of petitioning for the naturalization of the child, a citizen of the United States, either by birth or naturalization, may be naturalized if under the age of eighteen years and not otherwise disqualified from becoming a citizen and is residing permanently in the United States with the citizen parent, on the petition of such citizen parent, without a declaration of intention, upon compliance with the applicable procedural provisions of the naturalization laws. Sec. 315, act of Oct. 14, 1940 (54 Stat. 1146); 8 U. S. C. 715.

The original text of this section, based on R. S. 1993, as amended; 8 U. S. C. 6, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by the above provisions.

Section 339, Nationality Act of October 14, 1940 (54 Stat. 1160) as amended by section 3, act of January 20, 1944 (58 Stat. 4); 8 U. S. C. 739, provides for certificates of derivative citizenship.

Notes of Decisions

In general.-A child born abroad of an alien woman separated from her husband (later divorced) and living in adultery with a citizen of the United States who acknowledges the child to be his and has now married the mother, is legitimated under the law of the father's domicile and is to be regarded as an American citizen. (1937), 39 Op. Atty. Gen. 556.

had

In proceedings wherein a Chinese person sought admission to United States on ground that his father was a United States citizen at time of birth of person seeking admission, the person seeking admission burden of proving that he was the son of the person alleged to be his father. 8 U. S. C. A. 6. Won Ying Loon v. Carr, District Director of Immigration, etc. (C. C. A. 9, 1939), 108 F. (2d) 91.

556. Citizenship; children of naturalized persons.

The original text of this section, based on R. S. 2172; 8 U. S. C. 7, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by 555, ante.

557. Citizenship; children born abroad of alien parents.

The original text of this section, based on section 5, act of March 2, 1907 (34 Stat. 1229), as amended; 8 U. S. C. 8, was expressly repealed by section 504, act of October 14, 1940 (54 Stat. 1172).

The subject matter is covered by 555, ante.

558. Loss of nationality or citizenship; expatriation.-A person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by:

(a) Obtaining naturalization in a foreign state, either upon his own application or through the naturalization of a parent having legal custody of such person: Provided, however, That nationality shall not be lost as the result of the naturalization of a parent unless and until the child shall have attained the age of twenty-three years without acquiring permanent residence in the United States: Provided further, That a person who has acquired foreign nationality through the naturalization of his parent or parents, and who at the same time is a citizen of the United States, shall, if abroad and he has not heretofore expatriated himself as an American citizen by his own voluntary act, be permitted within two years from the effective date of this Act to return to the United States and take up permanent residence therein, and it shall be thereafter deemed that he has elected to be an American citizen. Failure on the part of such person to so return and take up permanent residence in the United States during such period shall be