The true Democrat., 1857-03-03
VIM. E. MILLER.

SIR: Annexed is a copy of that portion of an act of the General Assembly of the State of Arkansas. entitled "An act supplementary to an act passed at the present session of the Gre neral Assembly, entitled An act to arrest in part. the operations of the present laws upon inc subject ofthe swamp and overflowedl dlands, ,'" Improved 18th January, 1857, which has rela- ton to the subject of pre-emptions. Your at tention is particularly called to the provisions of said act, and your observance enjoined of the rules prescribed by the Auditor of the State of Arkansas.
 The individual claiming the benefits of said act must be, lst. A free white person, resi- dent ot the State of Arkansas, over the age of twenty-one years. 2d. A resident upon the tract sought to be entered, or must have com nenced the work oi reclamation upon the tract, or must have commenced cultivating said tract with view to its reclamation; and Sd. Must file in the land office of the district in which the land lies, within thirty days after the con- smencement of such reclamation, his or her de- earation, in writing, setting forth the fact that le or she has begun the work of reclamation, spn said tract of land to be described in the de- flaraton and claims the same as a pre-emption right under the provisions of the acs above re- ierred to, which declaration must be verified by affidavit.
 4 (See forms and B, hereto annexed) # Where the tract claimed as a pre-emption uuder this act has been reported by the locating agents as swamp and overfowed land, but is kuncontirned, or is confirmed, and not subject to Bale at private entry, the party claiming the rght of pre- emption, will have to present the proof required by this act, to the Auditor, pro- cure his certificate, and complete his entry, at the proper land office, before the day desig- nated by the land agent, for the offering of sail land at public sale. Should the clai- naut fail to make such proof and entry, before the day set apart for such sale his right of entry will be lost and the land will be offered for sale.
 # Where the land has been confirmed and is 0bject to be sold at private sale by the land sgent, he shall comply with the provisions of E ts act, and complete his entry within twelve months from and after filing his declaration. s# 4 person who has once availed himself of the provisions of this act, and has entered one hundred and sixty acres under it, cannot at any future period, or at any other office acquire an- other right under it.
 The pre-emptor who files his declaration for one hundred and sixty acres must reclaim and enter 1t all, and cannot enter part of the tract Claimed. However, he may file his declaration t. hold eighty or forty acres, but in all cases his proof and entry must relate to all the tract elaimed.
 Where two or more persons, at the date of the law, resided on the same quarter section, the land agent will divide the tract between them, by a north and south or east and west line, so as to give to each party his or her improve neut.
 No assignments of pre-emptian rights under thlS act are allowed
 Tbe declaratory statements required to be filed under this act, are to be regularly num- bered by the land agent, in the order of the date ct their reception, and entered ill a suitable book, columned of, to show the number, date when received, name of the party, and descrip- Jon of the land claimed; and quarterly ab- sracts of the same are to be furnished to this office, with the agents quarterly returns.
 The existence of these claims must be indi- cated on the plats by marking, with red ink, a coSs, p on the spot occupied by the tract calmed; and also, with red ink noting on the sme spot the number of the declaratory state- mont in very small figures.
 ga The oregoing instructions, it is believed, will Embrace the generality of cases presented to you but exceptional cases may occur, in which new points may have to be decided. h such Cases you will carefully examine the law bear ig on the subject, and decide accordingly.
 It may be represented to persons that the process of obtaining pre- -emptons under this act very difficult therefore to enable the poor naD, for whose benefit this law was intended, tp avail himself of its ad vantages:, you will af fni him every facility in your power and ex- pan to him what will be required to secure L T .. I. .l,, |. ,o Entitled thereto.
 Very respectfully your obdt serv't,
 VIM. R. MILLER, of f.J.o