The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-03

lzeu 70 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 sixty. three, satisfactory evidence either by
the oath Of the person or persons presenting such
invoices or otherwise, that such invoices are cor
rect and true: Provided, That in the exercise of
the discretion hereby given, the said consular Off
regulations or Instructions as may from time to
time be established or given by the Secretary
State.
Approved, March 8, 1865.
An Actamendatory OF Gan Act to amend an Act
entitled an "A ct to promote the Progress OF the
usetGl Arts approved March three, eighteen
hundred and sixty three"
Be IL enacted by the Senate and House of Repre-.
ssntatiUes 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 final 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-
vded 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: Provided, That nothing herein shall be so
persons who have manufactured or 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-ofice; and also to such as shat
hereafter be filed. And a II acts or parts ofacts
inconsistent with this act are hereby repealed.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 Appropriation for
sundry Civil Expenses of the Government for
the Year ending the thirtieth day of June,
eighteen hundred and sixty-1ve, and for other
Purposes" so far as the same relates to Wit.
nesses in the Court of the United States.
Be 1t enacted by the Senate and House of Rep.
reseatdtiUes of the United States of America In
Congress, assembled, That the third section of an
act entitled 'An act making appropriations for
sundry civil expenses of the Government for the
year ending the thrtieth of June, eighteen huns
dred and sixtypfve, 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
istrators or guardian, in which judgment. may
be rendered for or against them neither party
shall be allowed to testify against the other as
tor, intestate,'or ward. unless called to testify
thereto by the opposite party, or required to ties.
tifg thereto by the court.
Approved March 3, 1865.
AN ACT 10 Relation to the Naval Observatory.
Be it enacted By the Senate and House of Reps
resentotives of the United States Of America IN
Congress assem- bled, That so much of the first
section of the act of third.oi August, one thou-
sand eight hundred and feItyseight, entitled 'An
&C. making appropriat for the naval ser vice
for the year ending the thirtieth of June, one
thousand eight hundred and forty-nine," IS re.
tuires that the superintendent of the naval OBJ.
servatory At Washington city shall be captain,
scammander. or lieutenan in the navy, be- andis
hereby, repealed. and no officer of the navy ems
ploved ss superintendent shall receive other than
the shore-duty pay of his grade. ,5
An Ut for the Relief of the Occupants of the
Lands of the Ex-mssion of San Jose, in the
State of California.
Be It enaeted by the Senate and House of Rep.
Yeseatatsves the United States of America Con.
gress assembled, That every person who has the
possession rightfuly 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
LAM situate in the country of Almeds, State of
california, known as the lands Of the ex-minssiOn
OF San Jose, as included in the map and survey
theraot, made October, eighteen hundred aid
sixty<foar, by E: H. 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
,be sum or price of one dollar and twenty. five
per acre, such portion OF said tract right.
fully possessed by him, her, or them, or to which
sion. whether such person claim the same by con,
veyance from or under Andres PicO and Juan b.
AivaradO, or either of them, or by possession
only: Provided, heioever, That any person EN-
titled under this act to parcel of lessath eight
acres sh all in such cases pay ten dollors for the
same.
SEC. 2. And be It ftorther 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 ct 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 UniI
d states survayOrAs eneral 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 th9said claim ant b acquired the al.
legged title of said Pico Alvarado, or either Of
them thereto, or holds by possession only and
such rule as may be prescribed by the commisss
Toner of the general and-ofice, proceed and take,
hear, and examine the evidence which may be
offe red 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 be
final until app owed by the commissioner of the
ssand-ofice.
Sec. 3. And be 1t further enacted, That the
claimant in whose favor final decision has been
ade, 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 first section of this act shall be entitled to
patent for such lard from the United states
convey ing all the interest of the United States
therein to such claimant.
Sec. 4. Asd be 1t further enacesd, That npon all
proceedings under this act being closed, and up
On tie appeal, taken to the Supreme Court Of the
United States by n. L Beard and others, claim
ants OF said lands against the United States be,
ing dismissen or the decree appealed rom affirm
ed, the surveyor.general OF the United States for
California ahal cause the lines Of the public sur
veys to be extended over all portions off said land
which shall not have been disposed of under the
provisions thereof, and thereafter the same shal