Arkansas true Democrat., 1859-03-23
cate, or to hold that of which he was never

cate, or to hold that of which he was never seized.
 Agents have been in the habit of issuing two kinds of refunding certificates, when but one is necessary. For instance, the N. B. I of section was sold as l6O acres; it contains only 150 A patent certificate is issued for the E. ], as D acres, of con frmed land, and refunding certificate tor the w. ], as D acres of unconfirmed land, and another refunding certificate for ID acres excess payment. The proper way would be to issue the refunding certificate for w. of N E. 85 acres, which would embrace the whole amount originally pald for.
 In those cases where lands were erro- neously confirmed to the State and sold by her; where the same was not confirmed at the time of the sale by the agents, and where the land was previously entered, and sub sequent purchaser does not choose to con test his claim, you can issue retundlng certificates without further notice or m structions.
 | In all cases where two or more parties claim the same tract of land, you will notify each claimant, or require the apph- cant to do so.
 Though your decision is not final, yet It is proper to avoid ex-parte trials, and be- | fore deciding in contested cases, you should be assured that you have all the facts be- fore you.
 So soon as it can be done, you will be furnished with list of existing errors in the sales of lands in your district, and a direction to each, of the proper steps to be taken to rectify it.
 The Auditor takes this occasion to re- mind the agents that it is too often the case that they issue patent and refunding cer- tifcates for lands that do not appear tc have been reported as sold by the com missioners or agents. Where certificate is presented to be acted upon, the agent' should examine his record of sales to se' if 1t was reported as sold, to see if it agree with the description, and especially if conflicts with any other sale.
 Under the late laws 1t is believed tha nine tenths of the existing errors can be cor rccted without the parties resorting to th' courts for a settlement, and the Audito is warranted in this belief by the success that has attended his efforts in this behal heretofore. In this he was ably and cheer fully seconded by the land agents, wh promptly rendered extra services withou compensation.
 Should particular cases arise, which n general instructions can reach, you will b promptly respondedto, but youare request ed to state the case fully, and if copies Q carefully with the original, so as to avoic heaping error upon error.
 The section giving this power to the Au ditor, to correct mistakes, and to put land in a situation to make deeds, was an amend ment to the original bill, and would hay been avoided by him, had it been left t. himself While it increases his labors, serves in some degree to diminish the re ceipts of the agents, whose emoluments ar not large, except in districts where nev combinations are or have been recelved.- However, such being the law, all cases de termned at this office will be sent to you with full notes of the steps taken here-de cisions made and certificates issued, anC with instructions to you how to mark plat and make entries on your books. It is Q paramount importance that the files of you office should correspond, in all things, witl this office. To this end particular atten tion must be paid to follow all instruction sent to you.
 Yours respectfully,
 VIM. R. MILLER,
 -Aud1or ot ArhdnSrs.