The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-10

the United States be and they are hereby, author.
lied TO require before certifying any invoice or
invoices under the provisions of the first section
OF the act entitled Gan act to prevent and puu-
ish frauds upon the revenue, to provide for the
more certain and speedy collection of claims in
favor of the United States, and for other pur-
poses," approved March third, eighteen hundred
| and sixty three, satisfactory evidence either by
the oath of the person or persons presenting such
invoices otherwise, that such invoices are cor
| rect and true Provided, That in the exercise of
the discretion hereby given, the said consular Off
GERS shall be governed by such general or special
regulations or instructions as NAV from time tn
| State.
Approved, March 3, 1865.
AN Actamendaory of"An Act to amend an Act
entIied an "A ct to promote the Progress OF the
| gset9I Arts approved March three, eighteen
| hundred and sixty. three
| Bel enacted BY the Senate and House of Repre-.
se'1tatIOes Of the United States Of America in Con-
gress assembled, That any person having an inter-
| est IN an Invention, whether inventor or as.
| signee, for which patent was ordered to issue
/ upon the payment of the fn9 fee, as provided in
section three of an act approved March three,
| eighteen hundred and sixtyrthres, but who has
| failed TO make payment ofthe final fee as pro.
vided in said act, shall have the right to make
| application for paten for his invention the same
as IN the case OF an original application, provided
| such application be made within two years after
the date Of the allowance of the original appli-
fcation: Provided. That ing herein shall be so
construed as to bold responsible in damages any
persons who have manufactured or used any arr
| ticle or thing for which a patent Aforesaid was
ordered to issue. This act shall apply to all easel
now in the patent-Office and also to such shall
heaeafter be filed. And all acts or parts facts
1 inconsistent with this act are hereby repealed.
Approved March 2, 1865.
AN ACT to amend the third Section of an Act
entitled can Act making Appropriation for
sundry Civil Expenses of the Government for
| the Year ending the thrteth day of June,
eighteen hundred and sixty five, and for other
| Purposes" so far as the same relates to Wit.
nesses in the Court OF the United States.
| Be 10 enacted 6y the Senate and House of Rem.
| resentatiues of The United States of America IN
Congress, assembled, That the third section Of an
| act entitled Gan act skiDg appropriations for
/ sundry civil expenses of the Government for the
year ending the thirtieth of June, eighteen hun-
/ bred and sxty-five, and for other purposes" be,
| and the same hereby is, amended by adding
| thereto the following proviso: Provided, further,
That in actions by or against xt cutors, admin.
| istrators, guardian, in which judQ ment may
be rendered for or against them, neither party
| shall be allowed to testify against the other as
to any transaction with, or statement by the tesla
4 tor, interstate, or ward, unless called to testify
thereto by the opposite party, required to ties,
| tfy thereto by the court.
| Approved March 3, 1865.
ANAcr in Relation to the Naval Observatory
4 -DS
| resentotives of the Unate Ell States of America IN
| Congress asse n bled, That so much OF the first
section OF the act OF third OF August, one thous
| sand eight hundred and fortySeight, entitled "An
&C. making appropriations for the naval service
| for the year ending the ihirteth Of June, one
thousand eight hundred and ty-nine," as re-
4 tuires that the supern tendent of the naval OBJ.
| servatory st Washington city shall be captain,
scammander. or lieu!en ant in the navy, be, andis
hereby, repealed, and no officer of the navy em-
ployed as superin tendent shall receive other than
| The shore-duty pay of his grade.
AN ACT fer the Relief of the Occupants of the
Lands of the Ex-mssIon of San Jose in the
State of California.
Be 1t enacted By the Senate and House of Rep.
esentatives ofthe United States of America IN Con.
1 gress assembled, That every person who has the
possession rightfuy as against all others except
the United States, or, being out of possession, is
as against all others except as aforesaid, entitled
to the pOssessirn OF any portion If the tract of
land situate in the country OF Almeda, State OF
California, known the lands ct the ex-minission
| of San Jose, as included in the map and survey
| thereof, made October, eighteen hundred add
sixty -four, by E: 81. Dyer, deputy United States
surveyor, shall have the right, and the right is
hereby granted to each and every such person,
| to enter and purchase of the United States, at
the sum or price of one dollar and twenty. five
cents per acre. such portion of said tract right
| fully possessed by him, her, them, to which
be- she or they may so have such right of possess
| sion whether such person claim the same by con,
yeyance from or under Andres Pico and Juan B.
Alvarsdo, or either of them, or by possession
| only: Preceded, heaeever, That any person ems
titled under this act to parcel of lessahan eight
acres shall in such cases pay ten dollors for the
same.
4 SEC 2. Ind be 1t further enacted, That every
person claiming any benefit under this act shall,
in one year from the passage thereof, present to
the register and receiver of the United States
land office at San Francisco survey or plat of
the portion oil said tract claimed by him, her. or
them, and which shall exhibit the quarter Sec
ton sections, or parts thereof, included in said
plat, made by or under the direction of the uni
I'D States surveyors eneral for California, and
Herewith a written statement setting forth the
| right of such claimant to enter and purchase such
| portion under the provisions of this act, and
| whether the said claimant acquired the al.
legged title of said Pico or Alvarado or either of
hem thereto, or holds by possession only ; and
thereup0n such register and receiver shall, under
such rule as may be prescribed by the cDmmsss
Toner of the general and-office proceed and take
hear, and examine the evidence which may be
offered in support or against such claim, and,
upon the proofs being closed, shall determine
upon and decide the same: Provided, That no
decision OF said register and receiver shall be
final until appI owed by the commissioner of the
sand-office. .L
Sec. 8. And be 1t further enacted, That the
claimant in whose favor final decision has been
made, upon paying to the receiver of the land
office at San Francisco for the land embraced in
such fin decision the sum therefor prescribed
ia the first section of this act shall be entitled
/ a patent for such lard from the United States
C. nveying all the interest OF the United States
therein to such claimant.
Sec. 4. And be 1t further enacted, That npon II
proceedings under this act being closed, and up
on toe appeal, taken to the Supreme Court of the
United S ates by E. l. Beard and others, claim
ants OF said lands against the United States be,
ing dismissen or the decree appealed rom affirm
a., 81 ~ TT-sk Al