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Without intending to establish any new rule of general practice, I think that where one attacks an existing patent on allegations of fraud, with the purpose of himself entering the land on vacation of the patent, and hearing is ordered to ascertain the facts, he should made such full prima facie showing at his own expense, as will enable this Department to decide whether it will request suit to vacate the patent. If the party attacked desires to rebut such prima facie showing, he also should submit his testimony at the hearing at his own expense, unless he elects to let the matter proceed and take the risk of making his defense in court; and you will direct the local officers to apply this ruling to the present case.

BARTOLO VIGIL.

Vacation of Patent-Report of Special Agent.-The report of a special agent, to constitute sufficient ground for the recommendation of suit to vacate a patent, should, when not resting on the personal knowledge of the agent, be supported, if obtainable, by at least two afhdavits of persons having a personal knowledge of the facts relied upon to secure the vacation of the patent.

Secretary LAMAR to Commissioner SPARKS, December 4, 1886.

If the matters stated by the special agent be true, the entry and patent thereon were unquestionably obtained through unmitigated fraud and perjury, and should be set aside.

Beyond a knowledge of the condition of the land in January last, when it was visited, nearly four years after final proof was made-the special agent has no personal knowledge in regard to the facts on which his charges of fraud and perjury are based, and in the framing of them has relied entirely upon what he heard others say, who were not under oath at the time.

After all the formalties and pre-requisites prescribed by law have been, apparently, complied with by the entryman, it seems to me it would be unwise to ask the Attorney-General to begin proceedings to secure the cancellation of the patent, on the report of a special agent, based on hearsay, as to the matters which alone could bring about the result sought to be accomplished.

The agent gives the names of parties, who he says will prove the matters alleged. He should have gone further and furnished the affidavits of at least two persons, who would relate such facts as came under their observation, tending to sustain the charges made.

If the facts thus disclosed are such as, uncontroverted, would present a case of fraud and perjury, suit will be recommended.

In the future you will please cause to be pursued, in similar cases, the course herein indicated, whenever such testimony is obtainable; and especially whenever the agent is unable to speak from personal knowledge and observation as to the material facts of the case.

WILLIAM W. WILSON.

Suit to vacate patent, obtained by fraudulent proof as to compliance with law, will not be advised where it appears that the land has passed into the hands of a transferee, in the absence of evidence that such transferee had knowledge of the fraudulent character of the final proof.

Acting Secretary MULDROW to Acting Commissioner STOCKSLAGER, December 12, 1887. (6 L. D., 395; 15 C. L. O., 26.)

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road purposes

To sell land at Fort Brady.

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Donating the Military Reservation at Fort Smith
for use of the public schools. .
Repealing section eight of Act of June 15, 1880. Colorado.
Authorizing the sale of a portion of Fort Hays
Military Reservation...

Amending Act of February 15, 1843, relative to
school lands. .

Authorizing claimants to the Rancho de Napa to prove up their title.

Arkansas. June 28, '84.

Repealing section one of Act of July 4, 1866, rel- Missouri and
ative to land grant to Iron Mountain Railroad
Right of way to Gulf, Colorado and Sante Fé
Railway Company

Right of way to Southern Kansas Railroad Com
pany.

Right of way across Fort Robinson Military Res

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Establishing two additional land districts in. . . Nebraska.
Amending Act of June 15, 1844, granting land to

Right of way through the Fort Selden Military
Reservation.

Authorizing the sale of certain land in Chicago. Illinois.
Right of way through Indian Territory for railroad
purposes

Amending Act granting right of way through the
lands of the Choctaw and Chickasaw Indians. Indian Ty.
Right of way through Fort Russell and Fort Lar
amie Military Reservations.

Right of way through Indian Territory for rail-
road purposes.

Right of way through Military Reservation at
Fort Leavenworth

Forfeiting lands granted to the Atlantic and Pacific
Railroad Company

Right of way through Indian Territory for rail

Forfeiting certain grants of land made to States for

Wyoming.

Kansas.

Transferring certain lands to Baton Rouge and Louisiana and
Marquette.

Arkansas.

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California.

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Oregon. Jan.
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and Texas. Jan.

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NAME AND CONTENTS.

State or Ter Date of Ap- U. S. Stat., ritory.

proval.

Vol. 24.

Relinquishing certain lands to the city and county
of San Francisco.

Right of way through the Gila River Indian Res-
ervation.
Amending the third section of the Act providing
for the sale of the Sac and Fox, and Iowa In Nebraska and

dian Reservations

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Kansas.

Right of way through Fort Douglas Reservation. Utah.
Conveying a certain island in Fox River to
Aurora

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Right of way through the Crow Reservation
Right of way through the Uncompahgre and
Uintah Reservations

For the relief of settlers and purchasers of lands. {
For the adjustment of certain land grants made by
Congress

Nebraska
Kansas.

California.

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Arizona.

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Dakota.

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March 2, '87.

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March 3, '87.

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Illinois.

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Montana.

March 3, '87.

545

Utah.

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Right of way through Indian Territory for rail road purposes.

Relinquishing right of United States to certain
lands in.

Confirming New Madrid location survey
Right of way through Fort Crawford Military
Reservation

Right of way through certain Indian lands in .
Dividing the reservation of the Sioux Indians into
separate reservations

Right of way through Fort Riley Military Reser

vation.

Right of way through Indian Territory for rail

road purposes

For the relief of the Omaha Indians.

Establishing an additional land district in

Providing for the survey of certain historic
grounds. .

Granting certain lands for public purposes
Right of way through Coeur d'Alene Reservation. Idaho.
Right of way through Indian Territory for rail-

way purposes

Right of way through Crow Indian Reservation. Montana.
Right of way through Lac de Flambeau Reser-

vation.

For the sale of certain lands at Fort Leavenworth. Kansas.
Right of way through the Indian Territory.
For the sale of land at Fort Omaha

Right of way through the Siletz Reservation

Nebraska.
Oregon.

NAME AND CONTENTS.

State or Ter- Date of Ap U. S. Stat., ritory. proval. Vol. 25.

Right of way through Nez Perce Reservation.
Right of way through Puyallup Reservation
For the relief of certain settlers upon school lands. Washington.

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Idaho.
Washington. July
Aug.
Washington

Issuing patents for donation claims. {& Oregon.

Granting certain lands to the city of Tuskaloosa. Alabama.
Cancelling certain reservations of land.
Authorizing the lease of school and university
lands in.
Protecting the purchasers of lands near Denver. Colorado.
Ratifying an agreement with the Shoshone and
Bannock Indians for the relinquishment of cer-
tain land. . .

Declaring that certain water reserve lands are sub-
ject to the Act of March 3, 1875
Right of way through the Fort Leavenworth Mil-
itary Reservation.

Idaho.

July 26, '88. 349

26, '88.

350

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Louisiana.

Aug.

9, '88.

391

Wyoming.

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Admitting into the Union and making donations S. Dakota, of public lands to them

Granting title to certain lands to the county of

Jan. 17, '89.

651

& Tennssee.

Wisconsin.

Jan. 30, '89.

654

Feb. 12, '89.

660

Feb. 13, '89.

668

Indian Ty.
N. Dakota,

Feb. 13, '89.

668

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Right of way through Yankton Indian Reservation.

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Ratifying the agreement made by Shoshones, Bannocks and Sheepeaters Indians.

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Right of way through the Fort Custer Military
Reservation

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Right of way through the Fort D. A. Russell Military Reservation.

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Right of way through the Fort Powell Military
Reservation.

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