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LegalText 25 U.S.C. § 346 Proceedings in actions for allotments us united_states_code code_section 25 INDIANS 9 ALLOTMENT OF INDIAN LANDS 346 25 U.S.C. § 346 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s346 data/legal/raw/us/code/title-25/usc25.xml 5dd8c3dc8323d7fa1919a5c4831aab42592d0bb401675ebe4789cf0c4a375adf d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 3c86f91b37878ba48512e36dfcae7dc8d5eb49a1c5ec2941814792c04d0935d2 2026-07-04 official
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25 U.S.C. § 346 - Proceedings in actions for allotments

Text

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, § 2, 31 Stat. 760; June 25, 1948, ch. 646, § 1, 62 Stat. 909.)

Notes

Statutory Notes and Related Subsidiaries

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.