The true Democrat., 1857-05-26


 various pre-emption laws and more careful examination of all the provisions of the sup plemental swamp land law of January 18th, 1857, having become satisfied that too rigid construction was placed upon the Jfourteenh sec ton of said law, tending to render it imperative, has issued new and general instructions to the several land agents. We epublish these instruc- tons below in full and commend them to our readers, many of whom will be gratted to see them
 1 AUDITORS OFFICE,
 Little Rock, May 18th. 1857. | SIR: Instructions regarding the mode of se- curing pre-emptions to the swamp and over flowed lands, under the 14th section of the supplemental swamp land law, passed at the late session of the General Assembly, were heretofore sent to you from this office, together with the necessary forms for applications, de- clarations, affidavits and proof, and 1t was then thought that they would with the forms here tofore furnished your office, under the general swamp land pre- emption laws, be sufficient to enable you to transact all business connected WlIU Dlc-eIlpliOUS iS NclI do Go luiOi III 'UAS'S of the proper steps to be taken to secure them. But, inasmuch as there appears to be different opinions as to the correct construction ot the several pre- emption laws, and as the auditor, after thorough study of the various pre-emp- ton laws and more careful anal ysls of all the provisions of the supplemental swamp land law, has become satisfied that too rigid con- struction was given to the l4th section of the last mentioned act, tending to render itinopera- tive, it is deemed proper to issue the following general instructions.
 Sections 10 and II of the act of the General Assembly of this State approved 12th January, 1858, do not conflict with each other, nor does one repeal the other, as has been supposed but each Is to be taken and construed independently of the other.
 And in arriving at this conclusion the auditor is warranted by the history of the passage of said act, as shown in the journals of the Gene ral Assembly. Section l was offered as sub- sttute for section 10, but was finally modified and adopted a separate section, to confer the benefits of the act to another class ot perSouS and to extend it to another class of lands.
 Section 10 provides only for the head of a family who is, 'r may be, settler upon unot- fered lands, and requires that payment shall be made therefor before the day when they may be offered for sale
 Section II provides for pre-emption on lands after the day of sale-eXtends to all free white citizens of the State and gives them twelve months in which to complete their proof and payment. By the act of January 10th, 1855 said eleventh section was So amended as to give the head of a family or other free white citizen of the State over the age of 21 years, having an improvement the same kind of pre-empton to lands not then confirmed or offered for sale as to those subject to sale, and allowing them twelve months to perfect their claim
 But by reference to the 12th section of the act of the 18th January, 1857, you will see that all pre-emptors (eXcept those under the 14th section, as hereinafter stated) on lands not yet offered for sale are required to make proof and payment within sixty days from the date of the notice given by the land agent.
 The decaratory statements of pre-emptors must be filed in your office, numbered, the plats marked with a cross in red ink (unless proof and payment are made on the same day, when the marking of the entry on the plat will be Sul1icienD as heretofore instructed and a regis ter kept of the number, date, name of pre- emptor, and the tract of land claimed.
 A copy of this register should be transmit ted to this office with your quarterly returns.
 Within the time prescribed by law, that is to say, within sixty days from the date of the land agents notice (except cases under the 14th section of the act of 18th January, 1657,) or if the lands now subject to private sale, within one year from the date of the filing of the declaration, the party must prove up his or her pre-emption before you, pay the mini mum price therefor, which is seventy five or fifty ceuts according to its proximity to certain streams declared navigabe, and receive certi- fcate of entry.
 No proof Is made before the auditor The l4th section of the act of 1857, only requires that the certificate of the county surveyor sup ported by the aftdavts of two citizens of the same county, shall be presented to him, to cna- ble him to audit the claim for cost of reclama- ton.
 In taking pre- emption proofs, be careful to have the points required by law established by two competent and credible witnesses
 The fact of citizenship, the extent and cha racter of the improvement, and other things connected with it must be fully set out Avoid letting the wit esses state general conclusions, but require them to state in what the improve meuta consist: of the buildings, if any erected of the number of acres, cleared, fenced, or in cultivation, etc. Of course great deal must be left to your discretion, and you will have to decide upon the competency and credibiltv of the witnesses. Where you have reason to sus- pect fraud, you may require more witnesses to prove the re-emption.
 The meaning of the terms improvement" and settlement" are variously defined at the different offices
 An " Improvement is work done on the land to render it more valuable or more easily re- duced to cultivation, such as clearing, fencing, blowing, etc, etc; nor does it make any dtfer- ence whether this is done in person or by agent, so that the pre-emptor is truly and in good faith the owner of such improvement An actual residence on the land is the highest ev. dence of "settem ent" There may, howe- yer, be a settlement without residence upon the land Thus single man may board on another tract, yet settle and cultivate one con- uguous, or man may settle upon tract and cultivate it by the labor of slaves or hired men who reside on it, while the owner of the settlement does not