Page:United States Statutes at Large Volume 50 Part 1.djvu/675

650 August 16, 1937 [S . 13791 [Public, No . 2961 Five Civilized Tr ibes of I ndians . Suits filed in Court of Claims un der Juris - dic tional Ac ts . 43 Stat. 27, 133, 139, 537; 44 Stat. 568 ; 45 Stat . 1229 . Amendment of pe- titions to conform to evi dence, et c . Ju ris dic tion co n- ferred . Reinstatement of certain dismissed cl aims. August 16, 1937 [H. R . 20211 [Public, No . 297] Postal Service . Substitutes in mot or-vehicl e service , time credits allowed . 43 Stat. 1065. 39U.S.C.°104. 75T H CONGRESS, 1ST SESSION-CHS . 65 1, 652 -AUGUS T 16, 1937 [CHAPTER 651] AN ACT To authorize the Five Civilized Tribes, in suits heretofore filed under their original Juris diction al Acts , to pr esent c laims t o the United States Court o f Claim s by amended petitions to conform to the evid ence ; and to aut horize said co urt to adjudicate such claims upon their merits as though filed within the time limi- tation fixed in said original Jurisdictional Acts . j Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in suits here- tofore filed in the United States Court of Claims by the Five Civi- l ized Tr ibes un der the ir resp ective Jurisd ictiona l Acts (Cherok ee Nation, Act approved March 19, 1924, 43 Stat . 27 ; Seminole Nation, Act approved May 20, 1924, 43 Stat . 133 ; Creek Nation, Act approved May 24, 1924, 43 Stat . 139 ; Choctaw and Chickasaw Nations, Act approved June 7, 1924, 43 Stat . 537 ; as amended by joint resolutions approved May 19, 1926 ; 44 Stat . 568 ; and February 19, 1929, 45 Stat. 1229), plaintiffs therein shall have the right, prior to January 1, 1938, t o amend th eir petiti ons to con form to an y evidence hereto- fore filed in said suits, whether such amended petitions develop original claims or present new claims based upon said evidence ; and uris diction be , and is h ereby, con ferred upo n said Cou rt of Claim s, notwithstanding the lapse of time or statutes of limitation, to hear, e xamine, adjudi cate, a nd rend er judg ment i n any a nd all legal a nd equit able c laims whic h may have been prese nted by sa id Ind ian Nations in any amended petitions heretofore filed, or which may be filed under the terms of this Act ; and claims so presented shall be adjudicated by said court upon their merits as though presented by petition filed within the time limited by said respective original Jurisdictional Acts, as amended ; and any case presenting claims which may have been dismissed upon the ground that new claims w ere set up by amended petiti on, aft er the expira tion of the ti me limitation fixed i n said original Juri sdictional Acts, as amended, shall be reinstated and retried by said court on their merits . Approved, August 16, 1937 . [CHAPTER 6521 AN ACT To provide time credits for substitutes in the motor-vehicle service . Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last para- graph of section 11 of the Act entitled "An Act reclassifying the salaries of postmasters and employees of the Postal Service, read- justing their salaries and compensation on an equitable basis, increas- ing postal rates to provide for such readjustment, and for other pur- poses", approved February 28, 1925, as amended (U . S . C., 1934 ed ., title 39, sec . 104), is hereby amended by adding at the end thereof the following sentence : "Any fractional part of a year's substitute service, rendered after the enactment of this sentence, shall be included with his service as a regular clerk, garageman-driver, driver-mechanic, or general mechanic in the motor-vehicle service, in determining eligibility for promotion to the next higher grade fol- lowing appointment to a regular position ." Approved, August 16, 1937 .