The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-09

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 can act TO prevent and pun-
/ 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-
peses" approved March third, eighteen hundred
and sixty.three, satisfactory evidence either by
the oath of the person 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 may from time to
time be established or given by the Secretary o
State.
| Approved, March 8, 1865.
An Actamendatory of can Act to amend an Act
entitled an "A ct to promote the Progress OF the
usetql Arts, approved March three, eighteen
| hundred and sixty-three."
Be It enacted By the Senate and House of Repre-
seatdttves of the United States of America in Com
gress assembled, That any person having an inter-
est In an Invention, whether as inventor or ass
| sgnee, for which patent was ordered to issue
upon the payment of the final fee, as provided in
section three of an act approved March three,
| eighteen hundred and sixty-three but who has
| failed to make payment of the final fee as pro-
vided in said act, shall have the right to make an
application for pRteRt for bis invention the same
as in the case OF an original pplicaton provided
| such application be made within two years after
the date of the allowance of the original appli-
cation: Provided That nothing herein shall be 80
| construed as to bold responsible in damages any
persons who have manufactured or used any ar
| tice or thing for which patent aforesaid was
ordered to issue. This act sha Il apply to all easel
now in the pstent-ofice; and also to such IS shall
heaeafter be filed. And all acts or parts ofacts
| inconsistent with this act are hereby Repealed
| Approved March 2, 1866, tai
AN ACT to amend the third Section Of an Act
| entitled Gan Act making Appropriat for
| sundry Civil Expenses of the Government for
| the Year ending. the thirtieth day of June,
Purposes" so far as the same relates to Wit.
nesses in the Court Of the United States. ri;
| Be 1t enacted by the Senate and House of Rep.
resentatiues of The United States of America IN
| Congress, assembled That the third section of an
| act entitled Gan act making appropriations for
sundry civil expenses of the Government for the
| year ending the thirtieth of June, eighteen bun-
bred and sixtyr6ve, 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 executors, admin,
| istrators, or guardian, in which judgment NAV
be rendered for or against them, neither psrty
| shall be allowed to testify against the other as
10 any transaction with, statement by the testa-
tor, intestate, or ward, unless called ID testify
thereto by the opposite party, or required to es>
| tif7 thereto by the court.
| Approved March 8, 1865.
| AN ACT in Relation to the Naval Observatory.
Be 1t enacted By the Senate and House of Reps
resentotlUee of the Unitei States of Aa.erica IN
| Congress assem- bled, That go much of the first
| section of the act of third o! August, one thou
sand eight hundred and feltyseight entitled stAn
&C. making appropriations for the naval vice
los the year ending the thirtieth of June, one
honsand eight hundred and forty-nine," as re.
tures that the superintendent of the naval OBJ.
| servstory at Washington city shall be captain,
scammander. or lieutenant in the navy, be- andis
hereby, repealed, and no officer of the navy ems
poyed as superin tendent shall receive other than
The shore-duty pay of his grade.
AN A OF Sor the Relief of the Occupants of the
Lands of the Ex-mission of San Jose, in the
State of California. a., VI
Be 1t enacted By the Senate and House of Rep.
resentatives fthe United States of America IN Con.
gress assembled, That every person who has the
possession riahtfully 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 # the tract of
land situate in the country OF Almeda, State of
CALIFORNIA; known as the lands OF the min issiOn
of San Jose, included in the map and survey
thereof, made October, eighteen hundred and
sixty >four, by E. H. 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 trset so right.
fully possessed by him, her, or them, to which
he she, or they may so have such right of possess
soa, whether such person claim the same by con.
yeyance from or under Andres Pico and Juan B.
Ayarad0, or either of them, or by possession
only: Provided, hsaoeper, That any person ems
titled under this act to parcel of lessa than eight
acres hall in such pay ten dollOrs for The
same. aHaJ 4 81 F. % goia
SEC 2. And be 1T tsorther enacted, That every
person claiming any benefit under this act shall,
in 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 OF said tract claimed by him, her, or
them, and which shall exhibit the quarter Sec
tion sections, or parts thereof, included in said
plat, made by or under the direction of the UniS
States surveyorsg eneral for California, and
there With 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 b acquired the al.
legged title of said Pico or Alvarado or either of
then thereto, or holds by possession only and
thereupon such register and receiver shall, under
such rult as may be prescribed by the commisss
Toner of the general land-ofce, 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 apr owed by the commissioner of the
sand-offce. 'ts .'a 81. ~ ''. rl Saa++g .sf'h
Sec 3. And be 1t further enacted, That the
clai mant in whose favor final decision has been
made, upun paying to the receiver OF the taud-
Office ut San Francisco fer the land embraced in
such fin al decision the sum therefor prescrbed
in the frat section of this act shall be entitled TO
| d patent for such land from the United states
eenyeying all the. interest OF the United States
| therein 10 such claimant. #2|-.t
Sec. a. And be 1t further enacted, That npon all
l proceedings under this set being closed, and np-
90 t. appeal, taken to the Supreme Court of the
United s iates by +. l. Beara aud others, claim,
ants OF said lands against the United States be,
| ng dismissen or the decree appealed rom affirm
ed, the surveyorg general OF the United States for
California hall cause the lines of the publscsur
veys to be extended over all portions of said land
1 zuh, oh OH ltnnt haua Iof,