Page:United States Statutes at Large Volume 26.djvu/905

 852 FIFTY-FIRST CONGRESS. Sess. II. Ch. 538. 1891. amity with the United States, without just cause or provocation on the part of the owner or agent in char e, and not returned or paid for. E¤mi¤¤1¤!nl¤¤. Second, Such jurisdiction shall allso extend to all cases which have been examined and allowed by the Interior Department and also to V<***·P·*'*°- such cases as were authorized to be examined under the act of Congress making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen _ hundred and eighty-six, and for other purposes, approved March third, eighteen hundred and eighty-five, an under subsequent acts, subject however, to the limitations hereinafter provided. J? “'“’ °°‘m*°" Third. All just offsets and counter claims to any claim of either of she preceding classes which may be before such court for determina ion. ¤¤¤i¤¤¤¤¤W¤*'°¤- SECTION 2. That all questions of limitations as to time and manner of presenting claims are hereby waived, and no claim shall be excluded from the jurisdiction of the court because not heretofore presented to the Secretary of the Interior or other officer or aww. department of the Government: Provided, That no claim accruing cnimsmmbeeou- prior to July first, eighteen hundred and sixty-five, shall be con- ‘“""°°* sidered by the court unless the claim shall be allowed or has been or ‘ is pending, prior to the passage of this act, before the Secretary of the Interior or the Con ess of the United States, or before any superintendent, agent, sub-agent or commissioner, authorized under any act of Congress to enquire into such claims; but no case shall be considered pendingunless evidence has been presented therein: And provided further, hat all claims existing at the time of the taking T,) be · M effect of this act shall be presented to the court by petition, as hereuu-wyuk m H inafter provided, within three ears after the e hereof, or shall be thereafter forever barred: And provided fwrtdwr, That no ¤io¤d"s11it or proceeding shall be allowed under this act for any depreda- "°° ‘ tion which shall e committed after the passage thereof. - P¤¤¤¤¤»¤¤=· SECTION 3. That all claims shall be presented to the court by petition setting forth in ordinary and concise language, without unnecessary repetition, the facts upon which such claims are based, the persons, classes of persons, tribe or tribes, or band of Indians by whom the alleged il egal acts were committed, as near as may be, the property lost or destroyed, and the value thereof, and any other facts connected with the transactions and material to the proper adjudication of the case involved. The petition shall be verified by the aiiidavit of the claimant, his agent, administrator, or attorney, and shall be filed with the clerk of said court. It shall set forth the full name and residence of the claimant, the damagps sought to be ilpcovered, praying the court for a judgment upon the facts and the w. ¤¤‘**=¤l H M MM, Section 4. The service of the petition shall be made upon the Atum. `G°°°m°° torney-General of the United States in such manner as may be provided by the rules or orders of said court. It shall be the duty of the Attorney-General of the United States to appear and defend the interests of the Government and of the In 1ans in the suit, and within sixty days after the service of the petition upon him, unless the time shall be extended by order of the court made in the case, to file a plea, answer or demurrer on the part of the Government and the Indians, and to file a notice of any counterclaim, set-off, claim of damages, demand, or defense whatsoever of the Government or of ?*°°**°¤· the Indians in the premises: Provided, That should the Attorney- m¤gg¤g¤t£¤(§:g- General neglect or refuse to file the plea, answer, demurrer, or dee¤.1mue¢e¤a.y "fense as required, the claimant may proceed with the case under such rules as the court may adopt in the premises; but the claimant shall not have judgment for his claim, or for any part thereof, . m unless he shall establish the same by proof satisfactory to the court; rE y Provided, That any Indian or Indians interested in the proceedings