The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-05

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 can act to prevent and pun.
ish frauds upon the revenue, to provide for the
more certain and speedy collection OF claims 10
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 persons presenting such
invoices or otherwise, that such invoices are cor
rect and true: PrOUided, That in the exercise of
the discretion hereby given, the said consular off.
GERS sha be governed by such general or special
regulations or Instructions as may from time to
| time be established or given by the Secretary
State.
Approved, March 8, 1855.
An Actamendaiory of "An Act to amend an Act
entitled an "A ct 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-.
sentGttVes Of the United States Of America in Com
qress assembled, That any person having an in ter
est in az Invention, whether as inventor or as.
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 sxty-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
in the case OF 40 original application, provided
such application be made within two wears after
the date of the allowance of the original appli
cation: Provided, That nothing herein shall be so
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 shal apply to all easel
now in the patent~office; and also to such shall
heaesfter be fled. And all 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| Inconsistent with this act are hereby repealed.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
EXDpnSea Government for
] the Year ending the thirtieth day of June,
eighteen hundred and sixty-hv and for other
Purposes" so far ss the same relates to Wit.
nesses 10 the Court of the United States.
Be It enacted 6y the Senate and House of Rep.
resentatiues Of The United States of America IN
Congress, assembled, That the third section of an
act entitled can act making appropriations for
snndry civil expenses of the Government for the
year ending the tbirtieth of June, eighteen huns
bred and sixty~fve, 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 txecutoEs, admin.
i4trators or guardian, in which judgmeni may
be rendered for or against them, neither p rty
shall be allowed to testify against the other as
to any transaction with, or statemen: by the tesla
tor, intestaie, or ward. unless called to testify
thereto by the opposite party, or required 10 es-
tiff thereto by the court.
Approved March s, 1865.
AN ACT in Relation to the Naval Observatory.
Be it enacted 5y the Senate and House of Reps
resentdtives of the Usitei States of America IN
Congress assem- bled, That much OF tie first
section OF the act OF third o. August, ane thou
sand light hundred and feityseighE, entitled ''An
acs making appropria tiOns for the naval service
for the year ending he thirtieth OF June, one
thousand eight hundred and fnrty.nine," os re-.
tuires that the superintendent of the naval OBJ.
servatory st Washington city shall be captain,
scammander or ieuten ant in the navy, be, andis
hereby, repealed, and no officer of the navy en-
ploved SO superin endent 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.
resentatiyes of the United States of America Con.
gress assembled, That every person whn has tia
possession righttully against all others excspt
the United States, or, being out of possession is
as against all Others except aforesaid entitled
to the porsessirR OF any portion the tract of
Ian situate in the country OF Almeda, State of
California, knowa as the lands ct the ex-minisson
of San jose, as included in the map spd survey
THEREOF, made October, eighteen hundred and
sixty e ,ur by e: H. Dyer. deputy United States
lsurve, or, shall have the right, and the right is
HEREBY granted to each and every such person,
to enter and purchase o. the Uni'ed States, at
4he sum or price of dollar and twenty five
cents per acre. such portion OF said tract right
fully possessed by him, her, or them, or to which
be, she they may SO have such right of possess
sion whether such person claim the same by con,
veyauce from or under Andres Pico and Juan B.
Alvarsdn, either of them, by possession
on;y: Pro,ided, heaoever, That any person ems
titled uoder this act to parcel of l. than eight
acres Sd all in such pay ten dollors for the
same. -.r.i10t
SEC. g. And be 1t jiorther enacted, That every
person claiming any benefit under this act shall,
in one year from the passage thereof, present to
the reg lister and receiver OF the United States
land office at San Francisco survey plat of
the portion oil said tract claimed by him, her, or
them, and which shall exhibit the quarter sec,
ten or sections parts thereof, included in said
plat made by or under the direction of the Uni
6 d States surveyorsA eneral for California, and
herewith awritten statement setting forth the
right OF such claimant to enter and purchase such
p, rtion under the provisions OF this act, and
whether the said claimant h acquired the al.
legged title of said Pico or Alvsrado or ether of
Them thereto, holds by posse ssion only and
thereupon such register and receiver shall, under
such rGl, may be prescribed by the cnmmiss.
Toner of the general land-ofce, proceed and take,
hear q, examine the evidence which may be
tffered in support or against such claim, and
upon the proofs being closed, shall determine
unou and decide the same Provided, That no
secession OF said register aud receiver shall be
inal until apr owed blythe commissioner of the
and -otfice. .
Sec g. And be it further enacted, That the
claim ant in whose favor final decision has been
d., upon paying 70 the receiver OIL the lann-
Office ut San Francisco for the land embraced in
such fin al decision the sum therefor prescribed
in the bfst section of this act shall be entitled to
patent for such lard from ths United States
C nveying al the interest of the United States
ther~in to such claimant. g@P
Sec. A. And be 1t further enacted, That npon all
proce adirgs under this act being closed. and up
omit e appeal, tax to the Supreme Court OF the
untsd States by E. L. Beard and others. claim
ants OF said lands against the United States be.
ing dismissen or the dscree appealed ron affirm.
ed the surveyor general OF the United States for