FORTIETH CONGRESS. Sxsss. III. Cx-1. 128, 129. 1869. 325 ness, requiring him to appear bcforc the commissioners named in such commission or notice to testify to such suit. Such summons shall specify the time and place at which such witness is required to attend, which shall be within the District of Columbia. Sm. 2. And be il further enacted, That if a suit be pending in any Pwvisicn For court of any State or Territory of the United States, or of any foreign ;‘;s“;g;°;i’;§s$°' nation, and in shall satisfactorily appear by atlidavit to any oihccr named in certain suits? in the next preceding section, or to the judge of the orphans’ court, or any commissioner for the taking of depositions appointed by the supreme court of the District, -— First. That any person residing or temporarily dwelling in the District of Columbia is a. material witness for either party to such suit; Secondly. That no commission or notice to take the testimony of such witness has been issued or given ; and Thirdly. That according to the course and practice of the court in which such suit is pending, the deposition of a witness taken without the presence and consent of both parties will be received on the trial or hearing of such suit; Such officer shall issue his summons requiring such witness to appear before him at a. place within the District at some reasonable time to tcstify in such suit. Sec. 3. And be it further enacted, That the officer before whom such TGSUMQHY *0 witness shall appear shall take down his testimony in writing, and shall Ezfglsgngsmsed certify and transmit the same to the court before which such suit is pond- and mrsjnsmitted. ing in such manner as the practice of the court may require. If any person shall refuse or neglect to appear at the time and place mentioned Y’¢¤¤m¤¤ ¤P°¤ in the summons issued in accordance with this act, or if} on his appear- xg32E";",';; ance, ho shall refuse to testify. he shall be liable to the same penalties as messes for not would be incurred for a like offence on the trial of a suit. ””‘°”d*“€· Sec. 4. And be it further enacted, That every witness appearing and FGM of Wittestifying under this act shall be entitled to receive from the party at °°”°°’ whose instance he has been summoned the fccs now provided by law for each day he shall givc attendance. Approved, March 3, 1869. CHAP. CXXIX. An Act granting the Rayht of Way lo the Walla - Walla and Colum- March 3, 1869. bia River Railroad Cbmpany, and jbr other Purposes. ""i Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way through Risig of F1 the public lands be, and the same is hereby, granted to the Walla-Walla W;Tl;“;§]fu:nd and Columbia River Railroad Company, a corporation existing under the Columbia River laws of pho Territory of Washington, and duly incorporated for the pur- Qiéalgh pose of constructing 2. railroad from said town of Walla-Walla to some (;°hm,bg,,, yivgh eligible point on the navigable waters of said Columbia river, in said Territory; said right: of way hereby granted to said railroad is to tho ox- Wiqm of yay, tent ofonc hundred feet in width on each side of said road where it may pass ggd *°” ““‘°”“· over tho public lands; also, all necessary ground, not to exceed five acres ` at each station, for station buildings, workshops, depots, machine-shops, switches, side-tracks, turn-tables, and water stations. Sec. 2. And be it further enacted, That the county commissioners of _CQ“¤tY °<}m' the county of Walla-Walla, in the Territory of Washington, be, and they nvv:m?$yr;,§Q are hereby, authorized and empowered to aid in the construction of the coqntymuysulk WValla-Walla and Columbia River railroad by subscribing to the capital ;f.’:;;df‘;“§t°°k stock of said WulIa·Walla and Columbia River Railroad Company in the jsgug bands M name ahd on behalf of said county of Walla-Walla, and by issuing bonds p¤y¥¤¢¤¢, &¤· 0f said county, payable at such time as said commissioners shall think proper, and bearing interest of not more than eight por cent. por annum, in payment for said stock so by them taken in said railroad company, or
