Arkansas true Democrat., 1859-03-09

AN ACT to propide for the correction ot
 errors in te saIe of .State Lands, and for
 otter purposes.
 SEc. l. Be a enacted Jy the General As- sena5ly of the StGte of Arkansas, That the auditor or officer at the head of the land department of this State shall have power to instruct the land agents of the different districts created by the provisions of the act of December thirtieth, eighteen hundred and fifty-six, how to correct errors that exist, or may exist, growing out of the er- roneous sale of lands belonging or former ly belonging to the State
 ssSEC. ?. That in all cases when lands have been enormously confirmed to the State and sold by her, twice sold by com missioners or agents; sold by them when Ehe same were unconfrmed misdescrib Nd III whole or in part, when the sales there Of are Tn any way irregular, informal or in complete, the said auditor shall instruct the proper land agent what certificates to issue or steps to take to perfect the entry or to enable the purchaser, their heirs or assignees, to have refunded to them any scrip or money which they may have paid on any entry that is void or vodablc.
 SEC. 3. That in all such cases when by any reason the State of Arkansas shall be unable to make title to any purchaser of State lands, it shall be lawful for the agent, under instruction from the auditor, to issue a refunding certificate for the amount re- ceived from such purchaser, which shall have been paid into the State treasury. and the auditor upon examination thereof. if he shall find that the certificate is properly is sued, and the scrip or money has been paid into the treasury, shall draw his warrant upon the treasurer therefor.
 V SEc. 4. It shall be the duty of the au- ditor to complete, as soon as practicable, the record commenced by him of errors existing in the sales of swamp and over flowed lands, and to add thereto notes of such errors as may hereafter come to his knowledge, and certified extracts from such records shall be received as evidence in any of the courts of this State The auditor shall cause copies of such record relating to lands situate in the different districts, to be sent to the land agents thereof, with in structiOnS to the note of each error, what certificates to issue, if it shall be necessary to issne any, and what entries to make on the records and plats of his office.
 SEC. ,. Such action on the parts of the auditor and agents shall be legal and bind ing until overruled or set aside by the de- cision of court having competent iuris- diction.
 SEC 6. When it shall be necessary. in the opinion of the auditor. for the correc- ton of errors, reconciliation of conflicts, or the discovery of fraud or malpractice by the agents, to have the records and plats oi any State land office examined, said auditor may send one of the clerks of his office to pursue such investigation and said person shall have free access to all such re- cords and pats; Procided, That said clerk shall only be paid the necessary travelling expenses above his regular salary, out of the fund created by the sale of the lands he may investigate.
 SEC. :. The auditor, on production of proof, satisfactory to him, may correct CT TOTS and put lands in situation to have deeds thereon made, and may assume such power as in the preceding sections are re- tered to the land agents, and III all such cases, shall furnish to the agent of the pro- per district a statement of his action in the premises, and said agents shallbe govern ed thereby, and said action of said audi tor shall be final unless set aside by iudg ment or decree of a court having compe tent jurisdiction thereof, and said auditor may furnish a person with statement of any amounts that may be due, in order to perfect any entry or purchase, to be paid directly into the treasury, or may issue warrant for any amount due after issuing Tefund;ng certificate; for such service he Shall be allowed such fees as are by law al- lowed to agents, and this act shall be in force from its passage.
 APPROVED, 17th Feb, 1859.