The true Democrat., 1857-06-02
Communication from the Attorney Gene. raI upon the Subject of Prescriptions to
 Svamn Land.

Communication from the Attorney Gene. raI upon the Subject of Prescriptions to Swamp Land.
 The following communication was handed to us too late for publication last week, but we now present it, believing that all the informa- ton possible to be obtained upon the subject of pre- emptions to swamp land should be given to the people. We would observe, however, that under the instructions of the auditor puo lshed last week, which govern in cases of pre- empton the pre- -emptor is allowed t~ef0e months instead of sixty days within which to make the proof of his or her pre-emptlon, under the act of 18th January last:
 Little Rock, Arhansas
 May 22d, 1857. Cor. GEORGE ". HARDY:
 Dear Sir-Your polite note has reached me through the post office and hasten to give you the information required.
 The act under which pre-emptons may now be claimed upon swamp and overhowed lands, was passed at the last session of the State Le- gslature and will be found on page lOl and at section fourteen of the law. This section pro- vides, "that any person who resides on, or who may hereafter reside on reclaim or cultivate any of the swamp or overt1owed 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 existing laws" It further provides that such persons may make leyees, drains, or dltches which may be necessary to thoroughly reclaim such land and render it fit for cultivation, and that cer- tifcate of the county surveyor, supported by the affidavit of two disnterested citizens of such county, that said land is actually and per manently reclaimed by such levee, drains, or ditches together with the actual value thereof, to the auditor, he shall give such person q cer- tificate of the value of such reclamation, which shall be received by the land agent of the pro- per district in payment of such lands, provided the cost of such reclamation does not exceed the price of such lan1, at the price per acre now established by law And provided fur ther that such certificate shall not be assgna ble. You will perceive, therefore, that any person who resided on said lands at the date of the passage of that act, or may thereafter re- side on, reclaim or cultivate it Is entitled to a pre- emption, and which is to be proved up ac- corling to laws then in force. The laws re- ferred to are the acts of 1853 and 1855. The act of 1850 simply confers a pre-emption right under the same circumstances that would enti- tie party to 1t under the act of Congress up on the public lands of the United States with such modification as to require only residence or cultivation. The act of 1855 only requires that the party claiming such pre- pton should show that he had an Improvements But the act of 1857, and which was approved the 18th of January, IS the most liberal of alI ton is sufficient It is now only necessary that the pirty claiming the benefit of pre- empGon should show either residence, rccama. tiou or cultivation, and although this last act is silent as 10 the time within which he i, re- quirei to make his proof, yet it is manifest from all the preceding acts, and the 12th sec ton If that of 1657 that he is required to do 50 within sixty days from the date of the mo- i tce which the land agent is required to give before he is authorized to sell such lands as have been confirmed to the State.
 Very respectfully, etc,
 T. JOHNSON,
 Attorney General.