Year: 1859

oyerfosced lands and tue construction of

 Iegees tor tteir reclamtaion.

 WHEREAS. the whole amount of money paid into the treasury from the sale of swamp and overhowed landsln the Helena district for the last two years, IS only So5,- 2S7. and in all the other districts only . S4.5 .5Ol. while the contracts for making le wees and drains undertaken within the same period amount in the Helena district to several hundred thousand dollars, and in the other districts to large sum, all of which must, according tothe existing evee law, be paid out of the proceeds of swamp land sales before any payment can be made upon contracts hereafter undertaken, by reason whereof 1t has become or soon will be impracticable in the Helena district and difficult in all the other districts to let out levee contracts even at high prices, and It IS pNbable that the sale of swamp lands TOT cash wilBbe still lower, as the prospect oi their reclamation becomes more distant ana uncertain; and whereas, the inhabitants oI the swamp counties are from these causes in danger of long remaining exposed to recurrence of all the calamltles winch they have so lately suffered from the overfoWlnS of the Mississippi river. For remedy oi all which by hastening the sale of sad lands and providing for the speedy payment of levee contracts

 SEC. 1. Be a enacted 6y tte Generot As- semJly of the State of Arkansas, That who eyer Shall hereafter contract and undertake to do any leyee work let out under the dl- reetion of the Governor, shall upon the full completion thereof, according to contract <be paid therefor, either in money or swamp or overaowed land, and upon the Cover nor's certificate or order of payment being filed in the auditors office and numbered a/ording to the last levee law, 1t shall be inc dutv of the auditor to issue to such contractor warrant for the amount Ill sad certificate or order specified, upon the tr1a- surv, if there be money therem applicable according to the last levee law to the pay ment thereof, but if there be not money enough there in the treasury applicable r to the payment thereof, the auditor shall draw a warrant for the sum due to such contractor upon the swamp land agent of the district in which such levee work shall have been done, and the last said warrant shall be received for the amount therein mentioned, as cash in payment for any swamp lands, which such contractor may buy from the State, and which are situate in said district, at the price heretofore fixed thereon, after the same has been offered for sale at public auction and not sold thereat, or in payment for any land within said dis trict, which such contractor may buy as the highest bidder therefor when the same is offered at public sale by said land agent.

 SEC 2. Be 3 fi4yther enacted, That every contractor who has heretofore contracted or undertaken to make any levee or drain laid off and let to contract, under the direction of the Governor, and who has or shall have completed the same according to contract, and who shall not have received payment therefor, be and he is hereby privileged and entitled at his election to be paid for the construction of said levee or drain in swamp and overhowed lands at the price oi one dollar per acre in lieu of being pald there for in specie according to the terms of hlS contract and the provisions of the leyee law now in force, and upon any such con tractor electing to be paid under the provi- sions of this act, 1t shall be the duty of tha auditor at any time after the Governors certificate or order of payment shall have been filed in the auditors office and num- bered as required by the law now in force at the request of such contractor and upon his returning the auditors certificate to the auditor, if he has obtained any, to issue warrant in favor of such contractor for the sum due to him upon the swamp land agent of the district in which the levee or drain made by him is situated, and said swamp land agent shall receive the same when presented as payment to the full amount of the sum therein specified for any land which said contractor may purchase from the State at one dollar per acre lying in said district, and being subject to be en- tered or purchased by private entry, and having been previously offered at public saAa as provided by law.

 SEC. }. Be t tuJther enactea That this act shall not be so construed as to authorize the letting out of more contracts in any dis trict than there will be confirmed swamp ant overfowed land to pay for the same, after paying all previous contracts in said district.

 SEC. i. Be aJurtder enacted, That the boNelhof De, anu ne lS HeIcDy empowered to make settlements with all contractors who have entered into contracts or shall hereafter enter into contracts for making any levee or drain let out under his direc- tion upon equitable principles, and it is recommended that the Governor let out contracts in small quantities, and to be done in as short time as shall be consistent with the iudicious prosecution of the work

 SEC. }. Be a.tusther enacted, That this act be in force from and after its passage

 APPROVED 2lst Feb, 1859.