The day book. [volume] (Norfolk, Va.) 1857-1867, 1865-08-14


Congress assembled, fhst all consular officers of
the United States be and they are hereby, author
lied to require before certifying any lnvolce or
invoices under the provisions of the first section
OF the act entitled IAN 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-
peses," approved March third, eighteen bundred
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 IS may from time to
time be established or given by the Secretary
State.
Approved, March 8, 1865.
An act amenda DRY of can Act to amend an Act
entitled an ACT to promote the Progress of the
usefal Ars approved March three, eighteen
hundred and sixty.three."
BsW enacted by the Senate and House Of Repre-
sentatiVes of the United Sates of America in Con-
gree assembled, That auy person having an inter-
eat in an Invention, whether as inventor or as,
signee, for which q patent was ordered to issue
upon the payment of the tinsl fee, as provided IN
section three of an act approved March three,
eighteen hundred and sixty"ihTee, but who has
failed to make payment Of the final fee as pro.
vided in said ACT, shall have the rig BIT to make
application for patent for bis invention the same
as in the case of al original application, provided
the date of the allowance of the original appli
cation: Provided That nothing herein shall be so
construed TO hold responsible in damages any
persons who have manufactured or used any ar
ticle or thing for which patent aforesaid was
or deIed to issue. This act sba II apply to all easel
now in the pa.ent-ofice; and also to sueh IS sbal
heseafter be fled. And alfac;s or parts facts
incon sstent with this act are hereby repealed.
Approved March 2, 1865.
Az Acr to amend the third Section of an Act
entitled .'An Act making Appropriation for
spndty Civil Expenses of the Government for
the Year ending the thirtieth day of June,
IN eighteen hundred and sixty five, and for Other
Purposes" so far IS the same relates to Wit.
3 nesses 10 the Court of the United States.
Be Il enacted 5y the Senate and House of Rep
resentatives of the United States of America in
Congress, assembled, That the ,hird section of an
act emitted IAN act ma king appropriations for
sundry civil expenses of the Government for the
year ending the thrtiet h of June, eighteen him.
bred and s,xtysfve, and for other PURPOSES" be,
and the same hereby Is, amended by adding
thereto the following prcviso: Provided, further
That in actions by or against txecntoIs, admin
i.trators, or guardian, in which judgment may
be render ed for or against them. neither party
shall be allowed to testify aga Ast the other ss
10 any transac ion wi b, or statement by the tesla
tor, intestate, or ward, unless called to testify
tbere'o by she opposite party, CT required to les
tiff thereto by the court.
Approved Mar oh 3, 1855.
ANAc IN Relation TO the Naval Observatory
Be It enacted BIZ the Senate and House of Rep~
rsssntafiues oftse UmIsA Stotes of A.aericG in
congress assshbied, Toat so much OF tse first
sec,iop OF the act of third OF Aug .st, one thou
sand eight hundred and feityseieht, entitled ''An
acs making appropr iat'ons for the naval service
for the year Vi ding the thirtieh OF June, one
bousand eight hundred ard forty -nine." IS re-
tuires that the superintendent of the naval OBJ
servstory et Washington city shall be captain,
scammander. or lieu en- ant in the navy, be- an is
hereby, repealed, and no oficsr of the navy EN-
pIev cd as tupsrn endeut shall receive other than
the shors-duty pay of his graie. 49,
Ar A OF for the Relief of the Occupants of the
Lands of tbs Ex-misslon of San Jose, In the
Rtate of California.
Be IL enacted BY tie Senate and House ef Rep.
ssssnta,ives the United Sateso or America in Con.
oress assembled That every person who has tn
possession riahtfully as gainst all Others except
the United States, or. being out of possession. i
az against all others except as aforesaid entitled
to the possessirn OF any por ion # the tract OF
lana situate in the country OF Almeds, State o.
California, knowa as the lands Of the ex-minssion
Of San Jose, as included in the map and survey
thereof, made October, eighteen hundred and
sixty >foar, by E: Il. Dyer, deputy United States
survegor, 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
the sum or price of one dollar and twenty five
cents per acre, such portion of said tract right
fally possessed by him, her, or them, or to which
he she, or 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.
Alvarado, or either of them, or by possession
only: ProrSded, hos0ecer, That any person ems
titled under this act TO parcel of l. than eight
acres sha all in such cases pay ten dollors for the
same. tAsA. AAs.t4
SEC. 2. Amd be it f,orther enacted, That every
person claiming any benefit under this act shall,
10 one year from the passage thereof, present to
the reg lister and receiver of the United States
Iand. Office at San Francisco survey or plat OF
the portion Of said tract claimed BY him, der. or
them. and which shall exhibit the quarter rec
ton or sections parts thereof, Included in said
Mat, made by or under the direction of the Uni
ted States survsyor-s general for California, and
Herewith written statement setting forth the
rght of such claimant to enter and pur chase such
portion under the provisions Of this act, and
whether. the said claim ant h acquired the al.
legged title of said Pico or Alvarado or either O
them thereto, or holds by posse ssion only and
thereupon such register and receiver shall, under
such rLl, Q as may be prescribed by the commits
ioper of the general land-otice, proceed and take
hear, 4 a ! examine the evidence which may Be
offered support or against soch 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 ofthe
ssnd-office.
Sec. 8. And be it further enacted, That the
claimant in whose favor final decision has be en-
m 4de, upon paying to the receiver OF the land
Utfics at San Francis for the land embraced in
such Hnal decision the sum therefor prescribed
in the frstsection of this act shall be entitled to
apstent for such lard from The Utited states
conveying sill the interest of the United States
therein 10 such claimant.
Sec. 4. And DO it further enacted, That npon all
proceedings under Ia Is act being elossd, and up
on the appeal, tax en- to the Supreme Court of tie
United 3 atss by h. L Beard and Others, claim
ants OF said lands against the United states be,
ing dismissen or the decree apes led rom affirm.
ed, the surveyor.general OF the United States for