Page:United States Statutes at Large Volume 43 Part 1.djvu/165

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

134 SIXTY-EIGHTH CONGRESS. Sess. I. Ch. 162. 1924. and adjudicate and render judgment in any and all legal and equitable claims arising under or growing out of any treaty or agreement between the United States and the Seminole Indian Nation or Tribe, or arising under or growing out of any Act of Congress in relation to Indian Affairs, which said Seminole Nation or Tribe ( may have against the United States, which claims have not heretofore been determined and adjudicated on their merits by the Court of Claims or the Supreme Court of the United States. Tim°’°’ mm- Sec. 2. Any and all claims against the United States within the purview of this Act shall be forever barred unless suit be instituted or petition filed as herein provided in the Court of Claims within five years from the date of approval of this Act, and such suit shall make the Seminole Nation part plaintiff and the United States P¤>¢¤d¤*•¤· party defendant. The petition shall be verified by.the attorney or attorneys employed to prosecute such claim or claims under contract with the Seminoles approved by the Commissioner of Indian Affairs and the Secretary of the Interior; and said contract shall be executed in their behalf by a committee chosen by them under the direction and approval of the Commissioner of Indian Affairs and Evid¤¤°° ¤dmi“°d- the Secretary of the Interior. Official letters, papers, documents · and records, or certified copies thereof, may be used in evidence, and the departments of the Government shall give access to the attorney or attorneys of said Indian nation to such treaties, papers, correspondence, or records as may be needed by the attorney or attorneys of said Indian nation. mSig1¤°¤d°*mS "d‘ Sec. 3. In said suit the court shall also hear, examine, consider, ` and adjudicate any claims which the United States may have against said Indian nation, but any payment which ma have been made by the United States upon any claim against the Uiiited States shag not operate as an estoppel, but may be pleaded as an offset in suc suit. Clglrjtveei W $¤P¤*m° Sec. 4. That from the decision of the Court of Claims in any suit ` prosecuted under the authority of this Act, an appeal may be taken Sy either party as in other cases to the Supreme Court of the United tates. b);‘·gf;,*;';_§Y‘§‘Q§§’,@f"°·· Sec. 5. That upon the final determination of any suit instituted under this Act, the Court of Claims shall decree such amount or amounts as it may find reasonable to be paid the attorney or attorneys so employed by said Indian nation for the services and expenses of said attorneys rendered or incurred prior or subsequent gI¤gg;ii0n_ to the date of approval of this Act: Pro/vided, That in no case shall the aggregate amounts decreed by said Court of Claims for fees be in excess of the amount or amounts stipulated in the contract of employment, or in excess of a sum equal to 10 per centum of the amount of recovery against the United States. Issue or orders and Sec. 5. The Court of Claims shall have full authority by proper ‘"°°°”‘ orders and process to bring in and make parties to such suit any or all persons eemed by it necessary or proper to the final determina- \ I t tioéi of gh; matters iixhcontroversyh H h b O FW-*"*"°“ " .j `no. . copy o -1e petition s a . in suc case e served u on iaiiléiii Gmmi 11 the Attorney General of the United States, and he, or some attorgey from the Department of Justice to be desipated by him, is herebv directid to appear and defend the interests of the United States in suc case. Approved, May 20, 1924.