Page:United States Statutes at Large Volume 49 Part 1.djvu/1133

 1088 74T H CON GRESS. SESS. I. CH. 839 . SEPTEM BER 3, 1935 . Fees upon final de- SEC. 7. Upon the final determination of such suit, cause or action termination of suits. whether by judgment, compromise, or otherwise, the 9 Court of Claims shall decree such fees as it shall find reasonable to be paid the attorney or attorneys employed therein by said Menominee Tribe Provisos. of In dians u nder con tracts negotiat ed and approved as pro vided by If compr omise effe ct- existing law : Provided, That in the event the claim for damages for ed without assistance swamp la nds shall be compromis ed and settled by the Menominee of attorneys. Tribe of Indians and the United States without the assistance of the attorne y or at torneys employe d hereun der pur suant t o a spec ial resolution adopted by the Menominee Advisory Council authorizing the renderi ng of s uch assi stance, no fees shall be paid or decr eed wi th assistance. with respect thereto : Provided further, That in the event the claim for damages for swamp lands shall be compromised and settled by the Menominee Tribe of Indians and the United States, prior or su bsequ ent to th e in stitu tion of s uit hereu nder but prio r to the trial the reof, wi th the assistan ce of t he attor ney or attorne ys emplo yed hereunder pursuant to a special resolution adopted by the Menominee Advisory Council authorizing such attorney or attorneys to render such assistance, the Secretary of the Interior shall, for such assist- ance, award to said attorney or attorneys such fees, with respect thereto, as based upon a quantum meruit he shall deem reasonable. Res a ountriction on In no case shall the fee decreed by said Court of Claims and the S ecretary of the Interio r be in excess of the amount s tipulat ed in the contracts approved by the Commissioner of Indian Affairs and the Secretary of the Interior. The fees decreed by the court to the attorney or attorneys shall be paid out of any sum or sums recovered in such suit or action or received by compromise and not otherwise. Expenses. All actual and necessary expenses incurred by the attorney or attor- neys so employed, including court costs, bills for printing required b y law, o r court rules, the cru ising an d exami nation o f lands and timber, the auditing and tabulation of accounts, travel, and sub- sistence of said attorney or attorneys and his or their employees while engaged solely in the preparation or prosecution of said suit or suits, securing and taking evidence deemed material therein, the compensation of stenographers, and such clerical assistance as shall be reasonably employed solely upon work in connection therewith, fees or commissions of notaries public or commissioners, and any other expense reasonably necessary for the preparation for trial or prosecution of any such suit or suits shall be paid by the Secretary of the Interior, when approved by him, from time to time, as the same shall accrue out of the funds standing to the credit of said Menominee Tribe of Indians in the Treasury of the United States upon verified accounts submitted in such form as may be required by the Secretary of the Interior, and without regard to the outcome Dep osit of net amount or success of said suit or action against the United States . The ofjudgment. net amount of any judgment recovered shall be placed in the Treas- ury of the United States to the credit of the said Indians, and shall draw interest at the rate of 4 per centum per annum and shall be ther eafter subject to appr opriati on by Co ngress for the benefit of said Indians, including the purchase of lands and building of homes, and no part of said judgment shall be paid out in per capita payments to said Indians. Service of co py of SEC. 8 . A copy of the petition in any suit instituted under this petition. Ac t shall be serv ed upon the Att orney G eneral o f the U nited St ates and he, or some attorney from t he Department of Justi ce to be designated by him, is hereby directed to appear and defend the interests of the United States. Approved, September 3, 1935.