Arkansas true Democrat., 1860-07-28
Ohce of Me Auditor of Public Accounts, !
 July IS, 1860.
> Solicitor General of Arko'

Solicitor General Of Ark0nSdS.
 SIR: By the act of the General Assembly of the 18th January, 1857, the entries of swamp lands before the commissioners were approved and confirmed, and the holders ot the certificates, if citizen of the State, was given a preference right to re-enter the land when confirmed, within sixty days after the same is advertised for sale by the agent. As sometimes only part of the lands em- braced in the entry was confirmed, the par ties took patent certificate for those tracts which were confirmed, and a refunding cer- tifcate for those unconfirmed. It having been decided that by taking refundlng certificate the party surrendered and lost his claim to the land embraced therein, to enable such persons to hold these lands until the final action of the general govern ment in confirming or rejecting the selec- tion of them as swamp lands, the General Assembly, by act of the 1lth February, 1859, provided for the issuance of holding certificates.
 As the bill was originally drawn up and reported by the committee on the landed interests of the State, 1t referred only to certificates issued by the commissioners or those acting under them. On its passage the words 'or agents were inserted, and made it apply to certificates issued by the land agents for lands sold by them which were unconfrmed at the time of the sale.
 This act, facts of 1S5S-9 p. 119) pro- vides that the holders of certificates may receive a holding certificate, with which they shall be entitled to re-enter the land when confirmed or receive patent and re- funding certificates thereon. There IS a proviso, that pre- -emption shall not be in terfercd with.
 Many of the lands sold by the agents, which were then unconfirmed, have since been confirmed. In a few cases the hold CTS of the certificates from the agents sur rendered them and took holding certificates in lieu. But others failed to do this and now, when the lands, or part of them are confirmed, present their original certificates to the agent and demand patent certiil- cate. They contend that the act of Febru- ary 17th, 1859, impliedly legalized the sales of unconfrmed lands by the agents and enables them to hold the lands, except only where pre-emption right exists thereto which pre-emption right must have attached prior to the said 17th day of Feb ruary, 1859.
 On the other hand, pre-emptors and | others contend that the only privilege granted by said act, was that the holders of these certificates might get holding cer- | tificates before the land was confirmed, and with these holding certificates and not with the original certificates, might re-enter the l land under the restrictions as to pre-emp- tion rights They further say that they have the right to pre-empt these lands and if the previous purchasers neglected to take holding certificates before the pre-emptol commenced improvement, that they, the pre-emptors, are entitled to purchase the land.
 A great many of the lands in the Bates vile district, lately confirmed to the State are in this situation, and in making up tho holes of existing errors in the sales of lanG in that district, at least one hundred notes will refer to cases of this kind, and thu agent requires instructions as to the prope course to pursue.
 I am also asked for settlement of thos, questions by divers other interested parties l therefore respectfully request your opin ion.
 1st As regards the sales of uncon6rmet lands by the commissioners, can pre-emp ton attach thereto after the sale by tn, commissioners and if so after the legalizins act of January 18th, 1857?
 2nd. What right did the purchasers Q unconfrmed lands from the agents, obtail by the act of February l7th, 1859, ant how far does that right extend?
 3rd. Have the holders of these certificate from the agents right. after the lands ar' confirmed, to demand a patent certlhcat' on the original certificate, or were they re ouired to obtain holding certificate befor the lands were confirmed to the State?
 4th. Must a pre-emption, to be valid attach to the land before the l7th February 1 1s59 or before the date of the hol9ing cer' t;fcate. if one has been obtained or is tho e-emptor entitled to the land, in any event, if he proves and makes payment before the day of sale?
 As the agent at Batesville is now await, ing instructions and parties in interest are now in the city awaiting your answer take the liberty of adding that reply hereto at your earliest convenience VIII ,reatly oblige them and me. .at l Very respectfully,
 l your obedient servant, I w p MITLER.