Page:United States Statutes at Large Volume 13.djvu/529

 THIRTY·-EIGHTH CONGRESS. Sess. H. Ch. 86, 87. 1865. 501 Sec. 4. And be it further enacted, That issues of fact; in civil cases in  Issqcs of {acc my circuit court of the United Stabcs may be tried and determined by the ;;a°i"Q;  b court without the intervention of a jury, whenever the parties, or their at- couxg iq gw_ y torucys of record, file a stipulation in writing with the clerk of the court. waiving a jury. The Ending of the court upon the fa.cts,,which finding Effect of gm;. may be either general or special, shall have the same effect as the verdict i¤S· of a jury. The rulings of the court in the court [cause] in the progress Exceptions to of the trial, when excepted to at the time, may be reviewed by the su- ’“h“5”· prcme court of the United States upon a writ of error, or upon appeal, provided the rulings be duly presented by a bill of exceptions. When the finding is special, the review may also extend to the determination of the sufficiency of the facts found {0 support the judgment. SEO. 5. And be it further enacted, That all acts and parts of acts in Repealing conflict with this act be, and the same are hereby, repealed. °]““S°· Sec. 6. And be it further enacted, That this act shall take effect on the When act fakes first day of June, one thousand eight hundred and sixty-five. °m’°t‘ APPROVED, March 3, 1865. CHAP. LXXXVII. -An Act jim/zer to amend an Ac! entitled “An Act for the Oal· March 3. i865· lection of direct Twces in the imurrwtionury Districts within the United States, and jbr Tg@K§§ other PlL1]}0S€S, approved June seven, eighteen hundred and sixty-two. V01_Q;i3_ p_ 422 Bed enacted by the Senate and House q" Representatives of tké United Sfates of America ih Congress assembled, That in any case in which a. sale  Tax commisof lands or tenements has been or shall be made by a. board of tax com- S"{“*’fi;£i‘;’ & missioners, appointed pursuant to the act of which this is an amendment,   ;m;gg,{tJ” and a certificate of sale issued by the board to the purchaser or purchas- may issue wri§ fv ers of said lands or tenements, it shall and may be lawful for the tax com- £§;SQ;£;is°r m missioners to issue, in such form as the Secretary of the Treasury shall prescribe, a writ, directed to the marshal of the district in which said lands or tenements aré situated, commanding him to put the said purchaser or purchasers forthwith into possession of the said lands or tenements, and to make return of his proceedings under the said writ within thirty days to Return. the commissioners, who shall keep a. record of their proceedings in the matter, and who may, in case of any failure ou the part of the said mar- Mm and shal to execute the first writ, issue alias and pluries writs, as the circnm- pluriss wm;. [stances] may to [them] seem to require. In cass the marshal of the If marshal is district shall be unable, either by himself or by deputy, to execute such Embfpgrgg $1;; writ, or in case there shall be no marshal of the United States within the may dg QO, said district at the time of the issuing of said writ, the same may be executed and returned by any fit person, to be specially appointed by the said board of tax commissioners for the purpose, which appointment shall ba in writing and indorsed in the said writ: Provided, That where the lands or Issuing ot tenements so sold shall, at the time of such sale, be occupied by the United wm '*° t?° S“s‘ . . . . . . pended 1f lands States authomtxes for hospital or other purposes, the 1ssuing of such wut W, Occupied by shall be suspended during such occupancy, and the purchaser or purchas— the United ers 0F such lands or tenements shall be entitled to and receive such rent or bt;t°S'h compensation for the use of such lands or tenements as the Secretary of mcg?;; fxés ° the Treasury, under regulations prescribed by him, shall order or direct. Sec. 2. And be it further enacted, That after the time allowed For the Patents when redemption of any lands or tenements which have been or shall be sold by f;J§;“° f°”}g’;d a. board of tax commissioners shall have passed, and after the purchase— p money shall have been fully paid, the President is authorized and required to cause a. patent or patents to be issued to any such` person as may be the bona fide purchaser, owner, assignee, or transferee of such lands or tenaments under and by virtue of any certificates of sale, or under and by virtue of any assignment or transfer of such ccrtiicatcz Provided, That Proviso. in case of an assignment or transfer of a certificate of sale, the person applying for such patent; shall give satisfactory proof to the commissioner of the general land-office of the preceding transfers or assignments.