The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-17


the United Stats be and they are hereby, suthor-
zed to require before certifying any invoice or
invoices under the prJvslOss OF the first section
ot the act entitled "An act TO prevent and pun-
isb frauds upon the revenue, to provide for the
more certain and speedy collection of claims in
favor Of the U nited 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 or otherwise, that such invoices are cor
the discretion hereby given, the said consular off.
GERS shall be governed by such general OF special
regulations Instructions as may from time to
time be established or gwen by the Secretary
State.
Approved, March s, 1865.
An Actamendalory OF "An Act to amend an Act
entitled an "A ct to promote the Progress of the
usefal Arts approved March three, eighteen
hundred and sixty three"
Be IL enacted by the Senate and House of Repre-
sentatiUes of the United Siates of America in Con-
gress assembled, That any person having an inter-
est 10 an Invention, whether as inventor or as
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,
eightsen hundred and sxty-three, but who has
failed to make payment of the final fee pro.
vided in said act, shall have the RICH to make
application for patent for his invention the same
in the of original app LEGATION, 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 so
construed as to hold responsible in damages any
persons who have manu- iactured or used any ar (
tice or thing for which patent sforesad was
ordered to ISSUE This act shall apply to all easel
now in the patent-offce; and also to .uch ss shall
beseafter be fled. And all acts OF parts facts
Inconsistent with this act are hereby repealed.
Approved March 2, 1865. ID. .'sr-e-.,.a
AN ACT to amend The third Section of an Act
entitled "Au Act making Appropr iation for
sundry Civil Expenses of the Government for
the Year ending the thirtieth day of June,
eighteen hundred and sixty-hve, and for other
Purposes" so far as the same relates to Wit.
nesses in the Court of the United States.
Be IL enacted BY the Senate and House of Rep.
reseatatives of The United States of America In
Congress, assembled, That the ihird section of an
act entitled can act making appropriations for
sundry civil expenses of the Government for the
year ending the thrtieth of, June, eighteen hum
dred and s'xtyrfve, 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.
lstrators, or guardian, in which judgment 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 tests-
tor. intestaie, or ward. unless called to testify
thereto by the Opposite party, or required to les,
tif7 thereto by the court. 7- -.
Approved March 3, 1865. i.--'=--
AN ACT 10 Relation TO the naval observatory.
Be 1t enacted By the Senate and House of Reps
reseatatives ofthe Unatet States of America in
Congress Assem- bled, Toat go much of the first
section OF the act of third o August, one thou-
sand eight hundred and feityseight, entitled can
&C. making appropriations for the naval ser vice
for the year ending lie thirtieth Of June. one
thousand eight hundred and forty-nine," IS re-.
tuires that the superintendent of the naval OBJ
servatory 1T Washington city shall be captain,
scammander. or lieutena ant in the navy, be, andis
hnrn ~, DfEo re Al L
ployed as superin tenden shall receive other than
the shorerduty pay of his grade.
AN ACT for the Relief of the Occupants of the
Lands of the Ex-mission Of San Jose, in the
State of California. q
resentatives of the United States of America IN Cob.
.gress gssembed, That every person who has the
possession rightfull 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 # the tract Of
land situate In the country of Almeda, State of
California, knowH the lands Of the ex-minission
Of San Jose, included in the map and survey
thereof, made October, eighteen hundred aud
sixty -four, by E: I'll. Dyer, deputy United States
surveyor, shah have the right, and the right is
hereby granted to each and every such person,
to enter and purchase of the U0ited States at
the sum or prica of one dollar and twenty-five
per acre, such portion of said tract so right
fully possessed by him, her, or them, or to- weieh
he, she, OF they may have such right of possess
sion, whether such person claim the same by con,
veyance from or under Andres Pico and Juan B.
Alvarsd9, or either OF them, or by possession
only: Prooided hosever, That any person ems
titled under this act to parcel of less than eight
acres sh all 10 such pay ten dolIors for ibe
same. t71s 7S-
SEC. 2. And be 1t f,orther enacted, That every
person claiming any benefit under this act shall
in one year from the passage thereof, presentto
fhnr uiafar of fho M -
land. office at San Francisco survey or platIof
the portion o 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 ni-
ted States Surveyor eneral for California, and
Herewith a written statement setting forth The
right OF such claimant to enter and pur chase such
portion under the provisions of this act, and
whether the said claim ant h acquired the al
legged title of i'd Pico or Alvarado or either OF
then thereto, or holds by possession only and
thereupon such register and receiver shall, under
such rul, as may be prescribed by the commissS
Toner of the general land-ofce. proceed and take,
hear, and famine ths evidence which may be
offered in support or against such claim, aud,
upon the proofs being closed, shall determine
upon and decide the same Preceded That no
decision OF said Register and receiver shall be
final until app eyed by the commissioner of the
sand-otfice. 54e4sle g13va ae1 nh
Sec. 8. And be it further enacted, That the
Claim ant in whose favor final decision has been
M de, upon paying to the receiver OF the lands
Office at San Francisco for the land embraced in
such final decision the sum therefor prescribed
Ia the first section of this act shall be entitled to
patent for such lar from the Upited States
C nveying sll thu interest of the United States
therein to such claimant.
Sec. 4. And be itfu,ther enacted, That nponi all
proceedings under tais act being closed, ana no.
On toe appeal, taken to the Supreme Court of the
United States by h. L Beard and Others claim.
ants OF said lands against the United States be-.
ing disDissen or the decree appealed rom atirm-
ed the surveyor. general OF the United States for
Cslf0f MIA hall cause the lines of thu public sur
veys be KITE nded all portions of said land