The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-15

Congress assembled, That all consular officers of
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 pun"
ish frauds upon the revenue, to provide for the
more certain and speedy collection of claims in
favor ofthe U nited States, and for other pur-
poses," approved March third, eighteen hundred
and sixty.three, satisfactory evidence either Dy
the oath of the person or persons presenting sucn
invoices otherwise, that such invoices are cor.
rect and true: Provided, That in the exercise OF
the discretion hereby given the said consular OH.
GERS shall be governed by such general or special
time be established or given by the Secretary o
State. ...
Approved, March 8, 1865.
An Actamendaiory of "An Act to amend an Act
entitled an Act to promote the Progress OF the
usetal Arts approved March three, eighteen
hundred and sixty.three."
Be IL enacted by the Senate and House of Repre-
seatatives of the United States Of America IN Con"
gress assembled, That any person having an inter-
est in an Invention, whether as inventor or ass
signee, 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 patent for his invention the same
as in the of original application, provided
sucb application be made within two years after
the date of the allowance of the original appli-
cation: Provided, That nothing herein shall be so
construed as to hold responsible in damages any
persons who have manufactured or used any ar~
ticle or thing for which patent aforesaid was
ordered to issue. This act shall apply to all easel
now in the patent-ofice; and also to such as shall
heaeafter be fled. And all acts or parts ofacts
inconsistent with this act are hereby repealed.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 Appropr iation for
sundry Civil Expenses of the Government for
the Year ending the thirtieth day of June,
eighteen hundred and sixty-fve, and for other
Purposes" so far as the same relates to Wit.
nesses in the Court of the United States.
Be IT. enacted 6y the Senate and House of Rep.
yesentatives 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 huns
bred and sixtyrfve, 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 may
be rendered for or against them, neither party
shall be allowed to testify against the other as
10 any transaction WITH statement by the testa-
tor intestate, or ward, unless called to testify
thereto by the opposite party, or required to tess
tify thereto by the court.
Approved March 8, 1865. 80
ANA in Relation to the Naval Observatory.
Be 1t enacted BY the Senate and House of Reps
resentatives of tie United States of america in
Congress assem- bled, That 80 much of the first
section of the act of third OF August, one thous
sand eight hundred and fostyaeight, entitled can
act making appropriations for the naval service
for the year ending the thirtieth of June, one
thousand eight hundred and forty-nine," as res
tuires that the superintendent of the naval OBJ"
sprrfnn nit hall no nkn;r
scammander. or lieutenant in the navy, be, ands
hereby, repealed, and no officer of the navy ems
pleyed as superintendent shall receive other than
the shore-duty pay of his grade.
ANAoF for the Relief of the Occupants of the
Lands of the Ex~mission of San Jose, in the
State of California.
BE it enacted by the Senate and House of Rep.
resentatipes of the United States of America Com
gress assembled, That every person who has the
possession rightfully as against all others except
the United States, or, being out of possession,
as against all others except as aforesaid entitled
to the possessirn of any portion Of the tract of
land situate in the country of Almeds, State of
California, known as the lands OF the ex-mnission
of San Jose, as included in the map and survey
thereof, made October, eighteen hundred and
sixty -four, by E: Il. 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. suchporton of said tract so right.
fully possessed by him, her, or them, or to which
he, she, or they may 80 have such right of possess
sion, whether such person claim the same by con,
veyance from or under Andres Pico and Juan b.
Alvarado, or either of them, or by possession
only: Prouided, however, That any person ens
titled under this act to parcel of lessthan eight
sh all in such cases pay ten dollors for the
same. ''''''.,.,,.,......sdlas 'l 9-.15
SEC. 2. ,And be it t,0rtter 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 of said tract claimed by him, her, or
them, and which shall exhibit the quarter Sec
ton or sections, or parts thereof, included in said
plat, made by or under the direction of the Uni.
ted States surveyors enerai for California, and
Herewith q 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 claim ant b acquired the al.
legged title of said Pico or Alvarado or either of
them thereto, or holds by possession only and
thereupon such register and receiver shall, under
such rule as may be prescribed by the commisss
Toner of the general land-ofice, proceed and take
hear, and examine the evidence which may be
offeredliu support or against such claim, and,
upon the proofs being closed, shall Determine
upon and decide the same: PreVided, That no
decision of said register and receiver shah be
final until appr owed by the commissioner of the
sand-otfice. 'f
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 final decision the sum therefor prescribed
in the first section of this act shall be entitled to
patent for such land from the United States
conveying all the interest of the United States
therein to such claimant.
Sec. A. And be it further enacted, That npon all
proceedings under this act being closed, and up
on the appeal, taken to the Supreme Court of the
United States by E. l.. Beard and others, claim
ants Of said lands against the United States be.
ino dismissen or the decree appeaIedf rom aft rm.