Page:United States Statutes at Large Volume 26.djvu/906

 FIFTY-FIRST CONGRESS. Sess. II. Ch. 538. 1891. 853 may appear and defend, by an attorney employed by such Indian or Indians with the approval of the Commissioner of Indian Affairs, if he or they shall choose so to do. _ In considering the merits of claims presented to the court, any tes- Evideuoe. timony, affidavits, reports of special agents or other officers, and such other papers as are now on fi e in the departments or in the courts, relating to any such claims, shall be considered by the court as competent evidence and such weight given thereto as in its judgment is right and proper ; Provided, That all un aid claims which have mmm. heretofore een examined, a proved, and dllowed b the Secretary h,§§“,,‘}.‘{§,?,'fy°"*“"“° of the Interior, or under his direction, in pursuance oi? the act of Con- V¤1-¤’».r>-376- gress 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 ei rhty-six, and for other purposes, approved Iiarch third, eighteen {hundred and eighty-five, and subsequent Indian appropriation acts, shall have priority of consideration by such court, and judgments for the amounts therein found due shall be rendered, unless either the claimant or the United States shall elect to re-open R¤+>v¢¤1¤zc¤¤¤¤». the case and try the same before the court, in which event the testimony in the case given by the witnesses and the documentary evidence, including reports of Department agents therein, may be read as depositions and proofs: Provided, That the party electing to re-open B¤¤1¤¤ ¤f rmt , the case shall assume the burden of proof. SECTION 5. That the said court, shall make rules and regulations _1zu1e¤rm-tm¤g¢¤s- for taking testimony in the causes herein provided for, by deposition °“"°“’· °"°· or otherwise, and such testimony shall be taken in the county where the witness resides, when the same can be conveniently done, and no person shall be excluded as a witness because he is party to or interested in said suit, and any claimant or party in interest may be examined as a witness on the part of the Government; that the court shall determine in each case the value of the (property taken or destroyed at the time and place of the loss or estruction, and. if possib e, the tribe of Indians or other persons by whom the wrong was committed, and shall render judgment in favor of the claimant or claimants against the United States, and against the tribe of Indians coimmitting the wrogg, whendsuch can be identiliied. J Sec. 6. hat the amount o any ju gment so ren ere a ainst an ¤d¤·¤¤¤¤ to be tribe of Indians shall be charged against the tribe by which, or by °h"g°d°g°i°s°°"b° members of which, the court shall nd that the depre ation was committed, and shall be deducted and paid in the ollowing manner: First, from annuities due said tribe rom the United States; second, M°d<* °* I>•Y¤¤¤¤· if no annuities are due or available, then from any other funds due said tribe from the United States, arising from the sale of their lands or otherwise; third, if no such funds are due or available, then from any a pro riation for the benefit of said tribe, other than appropriations for their current and necessary support, subsistence and education; and, fourth, if no such annuity, und,or appropriation is due or available, then the amount of the judgment sha be paid from the Treasury of the United States: Provide, That any amount so paid P*‘°*‘*°- from the Treasury of the United States shall remain a charge against T P¤¥¤¤¤¤¤¤ f Mm such tribe, and shall be deducted from any annuity, fund or appro- ` riation hereinbefore designated which may hereafter become due from the United States to such tribe. Sec. 7. That all judgments of said court shall be a final determi- J¤¤z¤¤¤¤¤¤ imination of the causes decided a11d of the rights and obligations of the parties thereto, and shall not thereafter be questioned unless a new trial or rehearing shall be granted by said court, or the judgment Appeal reversed or modified upon appeal as hereafter provided. Sec. 8. That immediately after the beginning of each session of mhmgftgudmwww Congress the Attorney-General of the United States shall transmit S°” °°°°°“ to the Congress of the United States a list of all final judgments