§ 346. — Proceedings in actions for allotments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC346]
TITLE 25--INDIANS
CHAPTER 9--ALLOTMENT OF INDIAN LANDS
Sec. 346. Proceedings in actions for allotments
The plaintiff shall cause a copy of his petition filed under section
345 of this title, to be served upon the United States attorney in the
district wherein suit is brought, and shall mail a copy of same, by
registered letter, to the Attorney General of the United States, and
shall thereupon cause to be filed with the clerk of the court wherein
suit is instituted an affidavit of such service and the mailing of such
letter. It shall be the duty of the United States attorney upon whom
service of petition is made as aforesaid to appear and defend the
interests of the Government in the suit, and within sixty days after the
service of petition upon him, unless the time should be extended by
order of the court made in the case to file a plea, answer, or demurrer
on the part of the Government, and to file a notice of any counterclaim,
set-off, claim for damages, or other demand or defense whatsoever of the
Government in the premises: Provided, That should the United States
attorney neglect or refuse to file the plea, answer, demurrer, or
defense, as required, the plaintiff may proceed with the case under such
rules as the court may adopt in the premises; but the plaintiff shall
not have judgment or decree for his claim, or any part thereof, unless
he shall establish the same by proof satisfactory to the court.
(Feb. 6, 1901, ch. 217, Sec. 2, 31 Stat. 760; June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 909.)
Change of Name
``United States attorney'' substituted in text for ``district
attorney of the United States'' on authority of act June 25, 1948. See
section 541 of Title 28, Judiciary and Judicial Procedure.
