Page:United States Statutes at Large Volume 48 Part 2.djvu/196

1468 73d CONGRESS. SESS. II. CII. 870. JUNE 28, 1934. PrOIlUOI' eral bllgao Indians benefited by the said services or expenses: Provided, That u!Oto ~creatJ. nothing herein contained shall be construed to create any obligation not heretofore existing in law or equity against the United States in its governmental capacity or as trustee for the individual Indians Court Jurisdiction receiving the benefit of such services and/or expenses: Provided, limited. further, That the jurisdiction hereby conferred shall be limited to claims for services rendered and expenses incurred on behalf only of such Indian or Indians as were enrolled as citizens of the Choctaw Nation under the provisions of the Choctaw-Chickasaw supplemental Vol. 32 , p. 6fl; Vol. agreement approved by the Act of July 1, 1902, and ratified by the 34, p. 140. Choctaws and Chickasaws on September 25, 1902 (32 Stat. 641, 651-652), and the provisions of this Act shall not be construed as authorizing the consideration or adjudication of any claim for serv- ices rendered and expenses incurred on behalf of any person not so enrolled. Petition to be filed. SEO. 2 . No claim herein authorized to be submitted to the Court of Claims shall be heard or adjudicated by the court unless a petition duly verified by affidavit of the claimant or by his heirs, executors, or administrators, or by his or their agent or attorney, shall be filed within one year from the date of this enactment, failing in which the Btatammtstoacoom· claim shall be forever barred. The petition shall fully set forth pany. the claim, what persons are owners thereof or interested therein, and when, and upon what consideration, such persons became so interested. The petition shall further set forth that no assignment or transfer of said claim or any part thereof or interest therein has been made, except as set forth in the petition; that the claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets, and that the petitioner Btatamentofamount believes the facts as stated in the petition are true. The said petition claimed. shall contain an itemized statement of the amount or amounts claimed to be due, together with a full accounting for all sums had and received from the Indian or Indians benefited by the services rendered and expenses incurred. • Review of court's de- SEC. 3. All jUdgments and decrees entered by the Court of Claims cree by BupremeCourt. d h . . fh'AhIb bO • • bh Vol. 43, p. 939. unerte~provISIons0 tIS ctsal esuJecttoreVIew yte Supreme Court as provided in section 3 of the Act of February 13, 1925 (43 Stat. 936, 939). Attendance of Attor· SEC. 4 . The Attorney General, or his assistants under his direc- ney General, etc. . h11 fhdf d . fh. f bon, s a appear or tee ense an protectlOn 0 t e mterests 0 the United States in all actions filed in the Court of Claims under the provisions of this Act, with the same power to interpose counter- claims, offsets, defenses for fraud practiced or attempted to be prac- ticed by claimants, and other defenses, in like manner as he is required to defend the United States in other suits in said court. beD =NfeI1J' r~'e:~ SEC. 5. That in the hearing of any suit or suits brought in said dence. 4 1 court ~nder the pr?vi~ions !Jf this ~ct the Cour~ of Claims is hereby Vol. 3 ,p. 40. authorIzed to admIt m eVIdence WIth such weIght as to the court may seem proper all depositions and other competent evidence intro- duced in evidence and constituting a part of the record in said court in the case entitled" Estate of Charles F. Winton and others against Jack Amos and others", docket numbered 29,82l. Approved, June 28, 1934.