Title 25 — IndiansRelease 119-73
§346 Proceedings in actions for allotments
Title 25 › Chapter CHAPTER 9— - ALLOTMENT OF INDIAN LANDS › § 346
Summary
The plaintiff must serve the petition filed under section 345 on the U.S. attorney for the district, mail a registered copy to the Attorney General, and file an affidavit with the court clerk saying this was done. The U.S. attorney must appear and, within 60 days (unless the court extends the time), file defenses or counterclaims. If the U.S. attorney fails to act, the plaintiff may go ahead under court rules but cannot get judgment unless the court is satisfied by proof.
Full Legal Text
Title 25, §346
Indians — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
25 U.S.C. § 346
Title 25 — Indians
Last Updated
Apr 6, 2026
Release point: 119-73