The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-04


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-
poses" approved March third; eighteen hundred
and sxty-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 ehall be governed by such general OF special
regulations or instructions as may from time to
tune be established or given by the Secretary
State.
Approved, March 8, 1865.
An Act amendaiory of Gan Act to amend an Act
entltled an "A ct to promote the Progress of the
usefnl Arts. approved March three, eighteen
hundred and sxty-three." is..
Be IL enacted By the Senate and House of Repre-
sentatioes 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.
signes, 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-thTee, but who has
failed to make payment OF the final fee pro.
vded in said act, shall have the right to max can
application for pstest for his invention enc same
as II e case OF an within two yepro nfs
sSe ds, pp ~ ,h ..Towance of the original appii
e-ts- --v
construed as to hold responsible in damages any
persons who have manufactured used any arr
ticle or thing for which patent aforesaid was
ordered to ISSUE This act sha apply to all easel
now in the patent~offce; and also to such as sba
heaesfter be filed. And q II acts or parts of acts
inconsistent with this act are hereby repealed.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 five, and for Other
Purposes" so far as the same relates to Wit.
nesses In the Court OF the United States.
Be Il enacted 6y the Senate and House of Rep.
resentatives 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 hum
bred and sixtyshve, 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 execntors, admin
istrstors, or guardian, in which judgment may
be rendered for or against them, neither party
to any transaction with, statement by the tesla
tor, interstate, or ward, unless called to testify
thereto by the opposite party, or required to 'es,
tifg thereto by the court.
Approved March g. 1865.
AN ACT in Relation to the Naval Observatory.
BE 1T enacted By the Senate and House of Reps
reseatotlUes Of the INIT e! States of america in
Congress assen, bled, That SO much of the first
section of the act of third o! August, one thou-
sand eight hundred and feI tyseight, entitled can
&C. making appropriation for the naval service
for the year ending the thirtieth Of June one
thousand eight hundred and fOrty-niDe," as re.
tuires that the superintendent of the naval obs
servstory st Washington city shall be a captain,
scammander. or lieutenant in the navy, be, andis
hereby, repealed. and no officer of the navy ems
ploved as supern tendeD shall receive other than
the shore-duty 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.
Be it enacted by the Senate and House of Rep.
resentatiues othe United States of America IN Con.
gress assembled, That every person who has the
possession rightully as against all others except
the United States, or, being out of possession. is
as against all others except aforesaid entitled
to the posssssirn OF any portion # the tract OF
Ian situate in the country of Almeda, State of
California, knowa as the lands Of the ex-minisson
Of San jose, as included in the map and survey
thereof, made October, eighteen hundred and
sixty,fnu by E: Fl. Dyer deputy United States
survey Or 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
she sum price of ono 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 o, they may SO have such right of possess
sion whether such person claim the same by con,
veyance from or under Andres Pico and Juan B.
Alyarado, or either of them, or by pnssession
only: Pros'ided, heoeper, That any person enc
titled under this act to parcel of less than eight
acres sh all in such cases pay ten dolors for the
same.
SEC. 2. Asad be 1t ftOrther enacted, That every
person claiming any benefit under this act shall,
in one year from the passage thereof, present to
thQ oil no nj Stof
land office at San Francisco a survey or plat of
the portion OF said tract claimed by him, her, or
them, and which shall exhibit the quarter sec-
tim or sections, parts thereof included in said
plat, made by OF under the direction of the UniS
/, d States Surveyors enefal for California, and
Herewith 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 8 acquired the al.
legged tirs 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
offered 10 support or against such claim, and,
upon she 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
and-otfice. .-,.,.s e. }j ,t
ID Sec. 8. And be II further enacted, That the
clsiuant in whose favor final decision has been
m 4de, upon paying to the receiver OF the land
office at San Francisco for the land embraced in
such TN 81 decision the sum therefor prescribed
ia die estsection of this act shall be entitled to
"a pa,ent for such lard from the United States
conveying all the interest of the United States
therein to such claimant. ST. f, .q
Sec. 4. And be at further enacted That npon all
proceedings under I'd is act being closed, and up
IN tie 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,
ing dismissen or the dscree appealed rom affirm
ed, the surveyor general OF the United States for
California shal cause the lines Of the public sur