The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-07-31

invoices under the provisions Of the first section
OF the act entitled "An act TO prevent end pun-
ish frauds upon the revenue, to provide for the
more certain and speedy collection of claims ia
favor of the% 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 otherwise, thst such invoices are cor
rect and true; FroUided, That in the exercise of
the discretion hereby given, the said consular Off
GERS shall be governed by such general or special
regulations or instructions ss may from time to
time be established or given by the Secretary
State.
Approved, March 8, 1865.
An Act amendatory of can Act to amend an Act
entltIsd an a ct to promote the Progress OF the
useful Arts approved March three, eighteen
hundred and sixty three .. -t.
Be IL enacted by the Senate and House of Repre4
sentatives of the United States Of America an Com
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 tin9 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 case OF an original application, provided
such application be made within two years after
the date OF the allowance Of the original appli
cation: Prooided That nothing herein sha he
construed as to hold responsible in damages any
persons WHO nave fnaHulhctureu OF uSbu any ar
ticle or thing for which patent sfuresaid was
ordered to issue. This act shall apply to all easel
now 10 the patent~office; and also to such as sha
heaeafter be filed. And Ill acts or par ofacts
inconsistent with this act are hereby repealed.
Approved March 2, 1865.
AN ACT to amend the third Section of an Act
entitled IAN Act making Appropriation 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 1t enacted 5y the Senate and House of Rep.
resentatiUes Of Tie United States Of America an
Congress, assembled, That the third section of an
act entitled can act making appropriations Tor
sundry civil expenses of the Government for the
year ending the thirtieth of June, eighteen hum
bred and sixtysfve, aud for other purposes" be,
and the same hereby is, amended by adding
thereto the following provise Provided, further,
That in actions by or against xecutoTs admin
lstrators, or guardian, in which jude nens may
be rendered for OF against them, neither p.rty
shall be allowed to testify against the other SIS
TO any transaction with, statement by the tesla.
tor, intestate, ward, unless called TO testify
thereto by the opposite party, Or required to tes-
tifg thereto by the court. = -
Approved Mar h 8, 1865.
AN ACT in Relation to the Naval Observatory.
Be 1T enacted 6y the Senate and House of Reps
Congress assem- bled, That go much OF the first
section OF the act of third o August. lne theu-
sand eight hundred and fertyseight, entitled San
&C. making appropr iations for the naval ser vice
for the year ending the thirtieth of June, one
thousand eight hundred and forty-nipe," IS res
tuires that the superintendent of the naval obs
servstory at Washington city shall be captain,
scammander. OF lieutenant in the navy, be, auds
hereby, repealed, and no officer ofthe navy ems
peved as supern tenden shall receive other than
the ShOre-dutV nav OF his grade,
AN AoT for the Relief of the Occupants of the
Lands of the Ex-misslon of San Jose in the
State of California. & Tr
Be 1t enacted By The Senate and House Of Rep,
resemtatives othe United States of America in Con.
gress assembled, That every person who mas the
possession rightfully as against all others except
the United States, or, being out of possession is
asagainst all others except as aforesaid, entitled
to the possess1rn OF any portion # the tract of
lana situate in the country of Aimeda. State of
California, knowH as the lands of the ex-cnu ission
Of SAP Jose, as included in the map 4ud 5arysy
thereof made October, eighteen hundFad> ard
sixty -four, by E: FL. Dyer, deputy Us;ted ~ ties
surveyor, shall have the right, and ,he liaot Is
hereby granted to each and every such gefsfo,
to enter and purchase OF tbs United States al
the sum price Of one dollar ard s%onfy hve
cepts per acT such portion OF said traet so right
ftily poss9ssea ~ aims her, % t6em, or to winch
he she4 o. thaJ nnS 90 her,; euch right OF possess
sinE yvnsa.tarr -'7a. sessan claim tue same by
yeya.1ce from or uu6ef andres Pico and Juan B.
Algarsdu, 81 either OF them, or by possession
son'y Prosid9&, however, That any person en-
ttle0 under this act to parcel of lessIthan eight
acres sh all in such pay ten dollors for the
same 74 ~+
Sec. 2. Ind 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 asurvey 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 Uni4
t, d states surVeyorsg eneral for California, and
Herewith a 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 acquired the al.
them thereto. or holds by possession only !, and
thereupon such register and receiver shall, under
such rules as may be prescribed by the commisss
Toner of the general land-office proceed and take,
hear, and examine the evidence which may be
offered in support or against such claim, and,
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 approved by the commissioner of the
sand-office.
Sec. 8. And be 1T further enacted, That the
claimant in whose favor final decision has bee
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 nrst section OF bhlS act, snail pc enuted TO
patent for such land from the United states
conveying ell ihe interest of the United States
there 10 10 such claimant.
Sec. 4. And be 1t further enacted, That npon ali
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 oil said lands against the United States be-,
ing dismissen or the decree appesledf rom affirm
ed, the surveyor general OF the United States for
California shall cause the lines of the public
l.. Al all k,o., fnnf fox,I
which shall not have been disposed of under the
or visions thereof and thereafter the same shan