The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-18


.zed to require before certifying any invoice or
invoices under the provisions of the first section
of the act entitled San act to prevent and punz
! 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 OF special
regulations or instructions as may from time to
time be established or given by the Secretary
State.
Approved, March 8, 1865.
An Act amendalory of Gan Act to amend an Act
| entitled an Act 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 States of America IN Con"
gress assembled, That any person having an inter-
est in an Invention, whether as inventor or as
signee, for which patent was ordered TO issue
upon the payment of the fnOl fee, as provided IN
section three of an act approved March three,
| eighteen hundred and sixtyrthree, 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 pateht for his invention the came
in the case of az original application, 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 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 sill easel
now in the patent-ofice and also to such ss shall
heaeafter be filed. And all acts or parts OF acts
inconsistent with this act are hereby repealed
Approved March 2, 1865.
Az ACT to amend the third Section of an Act
entitled can Act making Appropriation Tor
| sundry Civil Expenses of the Government Tor
| the Year ending the thrteth day of June,
eighteen hundred and sixty five. and for other
Purposes" so far as the same relates to VIII.
nesses in the Court of the United States.
Be IT enacted by the Senate and House of Rep
resentatives of The United States Of America in
Congress, assembled, That the third section of an
act entitled San act making appropriations for
Eundry civil expenses of the Government for the
year ending the tbirtieth of June, eighteen hum
dred and s,xty-fve, and for other purposes" be,
| and the same hereby is, amended by adding
thereto the following proviso: Prpvided, 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
to any transaction with, statement by the tesla
tor, intestate, or ward, unless called to testify
thereto by the opposite party or required to es'
| tifv thereto by the court
Approved March 8, 1866.
ANACT in Relation to the Naval Observatory
| Be IL enacted by the Senate and House of Reps
resentatives of the Unset States of America in
Congress Assem- bled That 60 much of the first
section of the act of third oil August, one thou.
sand eight hundred and fol tyseght, entitled 'An
act making appropriations for the naval service
for the year ending the thirtieth Of June, one
thousand eight hundred and forty-nDe," IS re-
tuires that the superintendent of the naval OBJ
servatory ht Washington city shall be a captain,
commander. or lieutenant in the navy, be- andis
hereby, repealed, and no officer of the navy ems
pleyed as superin endent shall receive other than
the shore-duty pay of his grade.
An Aor 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,
resenttives of the United States of America IN Com
possession rightfully against all others except
the United States or, being out of possession, il
as against all Others except as aforesaid, entitled
to the possessirn of any portion # the tract of
California, known the lands ct the ex-minission
of San Jose, as included in the map and survey
thereof, made October, eighteen hundred and
sixty -four, by E: II. Dyer, deputy United States
surveyor, shall have the right, and the right Is
hereby granted to each ana 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, 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,
yeyauce from or under Andres Pico and Juan B.
Alvarado, or either of them, or by possession
only: Prooided, hoseever, That any person ens
titled under this act TO parcel of less than eight
acres sh all in such cases pay ten doliors for the
same.
SEC. 2. And 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 Of said tract claimed by him, her or
them, and which shall exhibit the quarter sec-
ton or sections, parts thereof, included in said
plat, made by or under the direction of the Uni
ted States surveyor eneral for California, and
Herewith q written statement setting forth the
right of such claimant to enter and purchase tuch
portion under the provisions of this act and
whether the said claimant 8 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 ruls as may be prescribed by the commiss,
Toner of the general and-otice, proceed and take
hear, end examine the evidence which NAV 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 he
| final until appI owed by the commissioner ofthe
| sand-ofiice.
Sec. 8. And be 1t further enacted, That the
claiuapt In whose favor final decision has been
10 sde, upon payiog to the receiver of the land
office at Ban Francisco for the land embraced in
| such tin decisoa the sum therefor prescribed
in the first section of this act, shall be entitled TO
| patent for such lard from the United states
conveying all tbs interest of the United States
therein to such claimant.
Sec. 4. And be 1t further enacted, That npou all
proceedings under this act being closed, and up,
on toe appeal, taken to the Supreme Court of the
United 3 ,ates by E. Beard and others, claim.
ants of said lands against the United States be,
lug dismissen or the decree appealed rom affirm.
ed the surveyor general OF the United States for
California fhall cause the lines of the public sur
veys to be extended over all portions of said land