Page:United States Statutes at Large Volume 41 Part 1.djvu/645

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624 SIXTY-SIXTH CONGRESS. Sess. II. Ch. 203. 1920. not heretofore been determined bg the Co1u·t of Claims, may be submitted to the Coiut of Cla1ms, wit the right of appeal to the Supreme Court of §he United Staézepn either par1ty,_éor deiteérminatioizl of the amount, any, ue said ans rom the United States un er an treaties, agreements, or laws of Congress or for the misa propriatiorji _ _ of any of the funds of said Indians, or for the failure ol) the United ,,_,§‘ff""’°“°° ”·”“ “** States to pay said Indians ang money or other property due; and Jurisdiction is hereby conferre upon the Court o C aims, with the right of either party to appeal to the Supreme Court of the United Spatesé tipmlflear and deternamcil all leigaél and equiltable claims, if any, 0 said 'ans, against the United States, an to enter judgment thereon. ,,§,f§f§{gSb_g{ mw Sec. 2. That any claim or claims be submitted to said courts they shall settle the rights therein, both legal and enpiitable, of each and all the parties thereto notwithstanding lapse 0 time or statutes of °*'S°*S· •*°· lmntation, ang plsgment which may have been made upon any claim so submitte s not be pleade as an esto pel, but may be pleaded as an offset in such suits or actions, and lgne United States um om shall be allowed credit for all sums, including gratuities, heretofore h°°°d ’ ‘ pglid or expended for the benefit of said Indians or any band thereof. e claim or claims of the Indians, or band or bands thereof, may be presendtsld separatelywrgl Epintlymbg petitionéf subglect, however-, ht; amen ent;su1t to e wit ve years ter e ass e of t ' Act, and such_ action shall make the petitioner or egtioilgrs arty plaintiff or plaintiffs and the United States part defendant; and, any and or bands of said Indians, or any other trille or band of Indians the court may deem necessary to a final determination of such suit or suits may be ]01D.6tl therem as the court may order. Such petition, which shall be verified by the attomey or attorneys employed by sag? or apy bands thereoig shalll seg fortéh all the faicatls pg w c e c aims or recovery are asc , an said tition s Y signed by the attorney or attome employed, and rl): other verifica- E‘”d°¤°° ’*dm¤**°“· tion shall be necessary. Officials letters, papers, documents, and public records, or certified copies thereof, may be used m evidence, and the departments of the Government shall give access to the attorney or attorneys of said Indians or bands thereof to such treaties, papers, corresfpondence, or records as mz? be needed by the attorney Dam .,.S an .i.,. 0* ¤**¤m¤z;h owed I¤<*··¤·¤ er *>·¤d¤ 0 hem- . . . ing; 3._ attnlf 1t_bedd¢=it§rp11pl$d by thedC<éurt of %8.lmS in the slaid sui erem au orize a e United States ovemment as wrongfully appropriated any lands belonginag to the said Indians, F _ damages there or shall confined to the v ue of the said land at im einem. the time of said appropriation, and the decree of the Court of Claims with reference thereto, when satisfied, shall annul and cancel all claim and title of the said Indians or apg other tribe or band of Indians in and to said lands, as well as damages for all wrongs and injuries, if any, committed by the Govemment of the United

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_ . . _ io suc sin , cause, or action, the Court of Cla1ms shall decree such fees as it shall find reasonable to be paid the attorney or attorneys employed therein by said Indians or ands of Indians, under contracts negotiated and approved as provided by egnsting law, and in no case shall the fee decéxiped by; saizis Court of gllaamshbecin excess of the amounts stipulated H1 e con rac approve y the ommissioner of Indian Affa` an the Secretary of the Interior, and no attorney shall have a riglit tg represent the said Indians or an band thereof in any suit cause or mmm mmm, action under the provisions of this Act until his contract shall hhve been approved as herein provided. The fees decreed by the court to the attorney or attorneys of record shall be paid out of any sum or sums recovered in such suits or actions, and no part of such fee shall