CLAIMS. 11 



A patent, or a final certificate which lias been issued for more than 



two years without the filing of any protest or contest 

 may beannulled! a g amst . tne entrv > can be inv ah* dated only by judicial 



proceedings, but where a patent fails properly to 

 describe the land it may be surrendered and a new patent will issue 

 to correct the mistake. Proceedings to annul patents must be insti- 

 tuted in a court of competent jurisdiction within six years from the 

 date of patent. The United States will not attack a regularly issued 

 patent without a convincing showing that fraud was committed in 

 procuring it. 



Suit to vacate a patent will be recommended to the Department of 



Justice by the Department of the Interior where it 

 patent appears that the final proof was false or fraudulent; 



but such suit will not be advised where the evidence is 

 not convincing or where the land is in the hands of an innocent pur- 

 chaser without notice of the fraud. The right to bring suit in the 

 name of the United States to set aside a patent exists only when the 

 Government has an interest, or where the title has been secured by 

 false and fraudulent evidence introduced to affect the judgment of 

 the Land Office officials, or the Government is under obligation to 

 make the title good. 



PROCEDURE ON NATIONAL FORESTS. 



When exami- Examinations and reports upon claims will be made 

 nation and report by Forest officers under instructions from the Forest 

 supervisors : 



(a) Upon request from the Commissioner of the General Land 

 Office or the chief of field division ; 



(b) Upon receipt from the local land office of notice of application 

 for patent on a mining claim, or of notice of intention to submit final 

 proof on an agricultural claim; 



(c) When claimants are making unlawful use of claims, or are holding 

 them for unlawful purposes, or bad faith in connection with them 

 is manifest, or when a trespass occurs upon or under color of a claim. 



When a claims case is initiated, the supervisor will make an index 

 card and a folder for the case, using a white card for 

 claim in ^ e/ agricultural claims and a blue card for mineral claims. 

 viso?s office? 1 ^ Upon the index cards will be entered the case designa- 

 tion and such notations as may be necessary. The 

 case will be filed alphabetically according to the name of the claim or 

 claimant. The supervisor will then secure the status of the land if 

 necessary and order the examination. 



The strength of the report does not rest primarily upon the number 

 of witnesses, but rather upon their credibility and 

 Evidence to opportunity for knowing the facts. When a report 

 ascerTained md sllows adverse facts, it should give the names of two 

 reported. or more disinterested witnesses, by whom the state- 



ments can be proved, and should be accompanied by 

 affidavits or statements regarding the facts to which they will testify 

 at a hearing. If affidavits can not be obtained, a statement of facts 

 by each witness (preferably signed by the witness) and his attitude in 

 the premises should be furnished, since incorrect impressions may be 

 obtained from conversations, and a witness's statement on the stand 



