Page:United States Statutes at Large Volume 45 Part 1.djvu/1310

 SEVENTIETH CONGRESS. SESS. II. Ca. 302. 1929 . 1259 between the United States and the Kans as or Kaw Trib e of Indians, or arising under or growing out of any Act of Congress in relation to Indian affairs, 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. " SEC. 2 . Any and all claims against the United States within the Time for filing. purview of this Act shall be forever barred unless suit be instituted or petition filed, as herein provided, in the Court of Claims within three years from the date of approval of this Act, and such suit shall be prosecuted in the name of said Kansas or Kaw Tribe of Indians as plaintiff, upon petiti on numbered F -64, now filed in the Court of Claims and any amendment thereto that may be necessary under the provisions of this Act, and all the evidence and proceedings filed Evidence admitted . in said case numbered F-64 shall be received and accepted by the court to the same extent as though filed anew in the suit or amend- ment filed und er this Act . 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 attorneys of said Kansas or Kaw Tribe of Indians to such treaties, papers, corre- spondence, or records as may be needed by the attorneys of the Kansas or Kaw Tribe of Indians. " .SEC. 3 . In said suit, the court shall also hear, examine, consider, Counter claims al- and adjudicate any claims which the United States may have against' lowed . said Kansas or Kaw Tribe of Indians, but any payment, including gratuities, which may have been made by the United States, upon any claims against the United States, shall not operate as an estoppel, but may be pleaded as an offset in such suit . " SEC. 4. That from the decision of the Court of Claims in any Appeal to supreme suit prosecuted under the authority of this Act, an appeal or other appropriate proceeding may be taken by either party as in other cases to the S upreme Court of the United States. " SEC . 5 . That upon the final determination of any suit instituted Attorneys' fees by under this Act, the Court of Claims shall decree such amount or decree of court . amounts as it may find reasonable to be paid the said attorneys of the Kansas or Kaw Tribe, of Indians for their services and expenses ~ T0U as said attorneys : Provided, That in no case shall the aggregate Lim;tat . 23e ion . amounts decreed by said Court of Claims for fees be in excess of a sum equal to 10 per centum of the amount of recovery against the United States . The amount of any judgment, after payment of such 01 Balance tfor red it fees and expenses, shall be placed in the Treasury of the United benefit . States to the credit of the Kansas or Kaw Tribe of Indians and shall draw interest at the rate of 4 per centum per annum and shall be thereafter subject to appropriation by Congress for educational, health, industrial, and other purposes for the benefit of said Indians, including the purchase of lands and building of homes, and no part ment per capi ta pa y- of said judgment shall be pai d out in per c apita payment s to said Indians. " SEC. 6 . The Court of Claims shall have full authority by Joi nin g or others . 3' 3' proper Indians, etc ., as parties order and process to bring in and make parties to such suit any or all persons or tribes or bands of Indians deemed by it necessary or proper to the final determination of the matters in controversy . " SEC. 7. A copy of the petition shall, in such case, be served upon General l to Attorne y the Attorney General of the United States, and he, or some attorney from the Department of Justice to be designated by him, is hereby directed to appear and defend the interests of the United States in such case ." Approved, February 23, 1929 . 5483 5•-29-PT 1-8 3

�