Arkansas true Democrat., 1857-12-08
Little Rock, Nov. 2S, 1857.
Auditor cf Arhansas.

SIR-Press of business has prevented me from answering your letter at an earlier day. l have considered the questions propouuded by you, and the acts out of which they arise; and am of opinion that there is no such repugnan- cy between the act of the 2Oth of January 1855, and the act of the 18th of January, 1857 as to bring up any question of repeal. The peal of laws hy impcature is Lot favored un- less the inconsistency between the two is ire concliabe. That does hot appear to me to be the case as 10 the enactmeuts referred to- aud both may stand. regard them in the lg ght of a1ording a privilege to those who have pur- chased swamp lands; the latter as giving a new and additional privilege, not before possessed Under the act of 1855, the purchaser of unconfirmed swamp land from the swamp land commissioners or any one acting under their au- thorty, may, upon surrenderng his original cer- tlticate, obtain from the land agent a refunding certificate, upon the presentation of which to the auditor, warrant is issued on the treasurer, and which is paid, in other cases out of the swamp land fund. And the original certificates, taken up by the land agents, are, upon settle ment being made with the auditor, to be can- celed and filed ill the office of the State trea- surer
 But person is not obliged to do it; and there may be reasons for declining, not the least of which might be, that he would, by accepting reiundlng certificate, lose all possible right to or claim upon the land originally purchased The person availng himself of this privilege must be considered as surrendering all rights he may have to the land entered or purchased, in consideration of q general clam to be paid out of the swamp land fund in the treasury. and that too without interest.
 Under the law of 1857, purchaser of un- confirmed swamp land not availing himself of the previous act, may, if citizen of the State, have preference right to re- enter the same lands as soon as the same shall be confirmed to the State for the space of sixty days after public mo- tice given Why the privilege was not extended to non residents l do not know. Itwoul1 occur to me to be just that they sould enjoy the pri- vilege on the terms prescribed by the law as well as residents, However, with the policy of it we have nothing to do.
 By the term re-enter, I do not understand, that, person is obliged to lay for the land agaln, m money or scrip, and then take re- funding certificate. There would be no propri- ety or reason that l perceive in giving the act that literal construction, and which in some cases, would 10 doubt defeat the intention of the legislature, which was to enable the original purchaser ot swamp land unconfrmed, to se- cure 1t within a certain time, after confirmation and as he had paid for it once, there could be no necessity for his paying again, and it would indeed seem to be idle to do so. since the Stata would have to refund him the same amount back again. It would multiply labor and con- pllcate the thing 10 no useful end. The term re-enter was no doubt used in an enlarged and popular, rather than a strict technical sense: and l am clearly of opinion that, person may re. turn the ongnal certificate, and within the time prescribed, surrender the same to the land agent and secure a certificate of entry. In other words the or'g'natcertifcate produced, as to the matter of re-entry must be considered as cash. and in all settlements with the land agents they should have credit accordingly. This must be so, because the records of the office of the land agent, show or ought to show, the ori glnal entry; and that the certificate is properlv outstanding.
 My opinion is: 1st. That the act of 1855 is not repealed by the act of 1857; 2d. That a person who surrenders his original certificate takes refundng certificate, and receives his scrip, or has right to receive it; relinouishes all claim to the land, and can have no prefer. ence right to re-enter the same; 3d. That on reentering the land under the act of 1857 the original certificate may be used as cash and the re-entry obtained upon it.
 Very respectfully
 Your obt serv't,
 s. H. HAMPSTEAD,
 Solicitor General of Arkansas K Au1i+ of Arl,.x