The true Democrat., 1857-04-28
Swamp Land Pre-emptions.

Swamp Land Pre-emptions.
 As inquiries are being constantly made in regard to the mode of securing pre-emption right to 160 acres of swamp land, under the , fifth section of the supplementary swamp land act, approved 18th January, 1857, we republish that portion of the Auditors instruct 'ns to the land agents, embracing all the information ne. cessary to an understanding of the course to be pursued in order to secure the right of pre- emption, together with all the necessary forms. There are a number of persons not precisely acquainted with the process by which to secure their right of pre-emption, and we would sug- gest to such the propriety of preserving these instructions and forms, as they may need them after the confirmed swamp lands are offered for sale if not before. If our contemporaries through out the State have not already copied these in- structions and the accompanying forms, we would suggest that, as matter of interest to many of their readers, they might do so.
 SEC. H. That any person who resides on, or who may hereafter reside on, reclaim or cultl- vate any of the swamp or overttowed lands which may be confirmed to the State, shall have pre-emptIon right to one hundred and sixty acres, to be proved up according to exist ing laws, and it shall be lawful for such person to make such levees, drains or dtches as are or may be necessary to thoroughly reclaim such land, and render it fit for cultivation; and on presenting the certificate of the county survey or of his county, supported by the affidavit of two disuterested citizens of such county, that ,il l., tiv nd ed bv such levces, drains or ditches, together with the actual value thereof, to the auditor, he shall give such pei>on certificate of the value of such reclamation, which shall be re- ceived by the land agent of the proper district in payment of such land; P,ouded, The cost of such reclamation does not exceed the price of such land at the price per acre now establish ed by law; And provided fu,ther, That such cer- tifcate shall not be assignabe.
 The individual claiming the benefits of this act must be- 1st. A free white person. resident of the State of Arkansas over the age of twen- ty-one years. 2d. A resident upon the tract sought to be entered, or must have commenced the work of reclamation upon the tract or must have commenced cultivatng said tract, with a 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- mencemeut of such reclamation, his or her de- claratiou, in writing, setting forth the fact that he or she has begun the work of reclamation, on said tract of land, to be described in the de- claration, and claims the same as Fre-emption right under the provisions of the act above re- ferred to, which declaration must be verified by affidavit.
 (NoTE-It is not necessary, as some con- ceive, that the pre-emptor should reside on the tract he wishes to secure The connective or,' used by the enac;ors of the law and by the Auditor. being disjunctive, it is clear that eia.sr of the conditions specified in the second requisite sf the foregoing instructions, will give the right of pre-emption.)
 Where the tract claimed as pre-emption under this act has been reported by the loclt- irg agents as swamp and overfowed land, but is uhcoutirmed, or Is confirmed, ahd not subject to sale at private entry, the party claiming the right of pre.cmpuon, vii. 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- mated by the land agent, for the offering of said land at public sale. Should the claimant fail to make such proof and entry, before the day set apart for such sale, his night of entry will be lost and the land will be offered for sale.
 Where the land has been confirmed and is subject to be sold at private sale by the land agent, he shall comply with the provisions of this act, and complete h's entry within twelve months from and after filing his declaration.
 A person who has once availed himself of the provisions of this act, and has entered one hundred and sixty acres underit, cannot, at any future period, or at any other office, acquire an other right under 1t.
 The pre-emptor who files his declaration for one hundred and sixty acres must reclaim and enter it all, and cannot enter a part of the tract claimed. However, he may fife his declaration Io hold eighty or forty acres, but in all cases hls proof and entry must relate to all the tract claimed.
 (NoTE.-The claimant cannot take a pre- emption on detached or separate portions of land to make up his tract of l6O acres-he must select it in one body)
 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, 50 as to give to each party his or her improve meut.
 No assignments of prv-emption rights under this act are allowed.
 It may be represented to persons that the process ot obtaining pre-emptions under this act Is very difficult; therefore to enable the ,oor man, for whose benefit this law was intended to avail himself of its advantages you will af- ford hm every facility in your power and ex- piin 10 him what wili be required to secure his nre-emption, should 1t be found that he Is enti- tied thereto.
 Very respectfully your ob't serv't,
 VIM. R. MILLER,
 Auhtor cf 4,kmsas Dee1natory Stotemem ,n cases uuler He I4A Seet'o" Gf Me art aRoropea l2M JaHeory, lo57