ness, requiring him to appear before 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.

Provision for summoning wit

SEC. 2. And be it further enacted, That if a suit be pending in any court of any State or Territory of the United States, or of any foreign nesses to testify nation, and it shall satisfactorily appear by affidavit to any officer 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 testify in such suit.

Testimony to

writing, certified

SEC. 3. And be it further enacted, That the officer before whom such witness shall appear shall take down his testimony in writing, and shall be taken in certify and transmit the same to the court before which such suit is pend- and transmitted. 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 Penalties upon in the summons issued in accordance with this act, or if, on his appear- moned as witance, he shall refuse to testify, he shall be liable to the same penalties as nesses for not would be incurred for a like offence on the trial of a suit. attending.

SEC. 4. And be it further enacted, That every witness appearing and testifying under this act shall be entitled to receive from the party at whose instance he has been summoned the fees now provided by law for each day he shall give attendance.

APPROVED, March 3, 1869.

CHAP. CXXIX.

persons sum

Fees of wit

nesses.

-An Act granting the Right of Way to the Walla Walla and Colum- March 3, 1869. bia River Railroad Company, and for other Purposes.

R. R. Co. from

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 Right of way the public lands be, and the same is hereby, granted to the Walla-Walla Walla-Walla and granted to the and Columbia River Railroad Company, a corporation existing under the Columbia River laws of the Territory of Washington, and duly incorporated for the pur- Walla-Walla to pose of constructing a railroad from said town of Walla-Walla to some Columbia river. eligible point on the navigable waters of said Columbia river, in said Territory; said right of way hereby granted to said railroad is to the extent of one hundred feet in width on each side of said road where it may pass n over the 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.

Width of way, land for stations,

missioners of

of road, and

SEC. 2. And be it further enacted, That the county commissioners of County comthe county of Walla-Walla, in the Territory of Washington, be, and they Walla-Walla are hereby, authorized and empowered to aid in the construction of the county may subWalla-Walla and Columbia River railroad by subscribing to the capital scribe for stock stock of said Walla-Walla and Columbia River Railroad Company in the issue bonds for name and on behalf of said county of Walla-Walla, and by issuing bonds payment, &c. of said county, payable at such time as said commissioners shall think proper, and bearing interest of not more than eight per cent. per annum, in payment for said stock so by them taken in said railroad company, or

$300,000;

by issuing bonds, bearing interest as aforesaid, as a loan to said company, to be used in the construction of said road, or to aid said company in the construction of said road by the credit of said county in any other manner the said commissioners may think proper: Provided, That the Subscription, said subscription, loan, or other aid so given by said commissioners to &c. not to exceed said company shall in no case exceed the sum of three hundred thousand to be submit- dollars: And provided further, That the said subscription, loan, or other ted to the people, aid, shall have been submitted to the people of said county and been and approved by three fourths of Voted for by three fourths of the legal vote cast at an election held for that purpose: : And provided further, That if said vote be taken at a "Notice of elec- special election, the notice shall be the same as provided by the laws of said Territory for general elections.

the legal votes

Cust.

tion.

County com

missioners may hold special election to take a

vote of the county upon granting aid to the road.

SEC. 3. And be it further enacted, That the county commissioners of the county of Walla-Walla, in the Territory of Washington, be, and they are hereby, authorized and empowered to hold a special election, at such times as they may designate, after twenty days' public notice, which said election shall be governed by the general laws.of the Territory upon the subject of elections, at which election the aid to be given by said county to said Walla-Walla and Columbia River Railroad Company, either by subscriptions to stock or otherwise, shall be submitted to and be voted upon by the legal voters of said county in such manner as said commisAttempting to sioners may designate: Provided, That this grant is made upon the exobtain future as- press condition that any effort by said company hereafter to obtain any United States to land grant, subsidy, or pecuniary aid from the United States government work forfeiture shall work a forfeiture of this grant. of this grant.

sistance from the

March 3, 1869.

Banking associations to make not less

than five reports each year to comptroller of currency.

1864, ch. 106, $34. Vol. xiii. p. 109.

APPROVED, March 3, 1869.

CHAP. CXXX.— An Act regulating the Reports of National Banking Associations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in lieu of all reports required by section thirty-four of the national currency act, every association shall make to the comptroller of the currency not less than five reports during each and every year, according to the form which may be prescribed by him, verified by the oath or affirmation of the president or cashier of such association, and attested by the signature of at least three of the directors; which report shall exhibit, in detail and under appropriate heads, the resources and liabilities of the association at the close of business on any past day to be by him specified, and shall transmit such to be sent to comptroller report to the comptroller within five days after the receipt of a request within five days or requisition therefor from him; and the report of each association above after receipt of request therefor; required, in the same form in which it is made to the comptroller, shall be published in a newspaper published in the place where such associato be published tion is established, or if there be no newspaper in the place, then in the in a newspaper. one published nearest thereto in the same county, at the expense of the Proof of pub- association; and such proof of publication shall be furnished as may be

Reports how verified and to exhibit what;

lication.

Special reports.

Penalty for

and transmit

reports;

required by the comptroller. And the comptroller shall have power to call for special reports from any particular association whenever in his judgment the same shall be necessary in order to a full and complete knowledge of its condition. Any association failing to make and transmit any such report shall be subject to a penalty of one hundred dollars failing to make for each day after five days that such bank shall delay to make and transmit any report as aforesaid; and in case any association shall delay or refuse to pay the penalty herein imposed when the same shall be assessed by the comptroller of the currency, the amount of such penalty may be retained by the Treasurer of the United States, upon the order of the comptroller of the currency, out of the interest, as it may become due to the association, on the bonds deposited with him to secure circulation; to be paid into and all sums of money collected for penalties under this section shall be paid into the treasury of the United States.

how may be collected;

the treasury.

Additional re

ler of the amount

when to be

SEC. 2. And be it further enacted, That, in addition to said reports, each national banking association shall report to the comptroller of the port to comptrolcurrency the amount of each dividend declared by said association, and of dividends and the amount of net earnings in excess of said dividends, which report of net earnings; shall be made within ten days after the declaration of each dividend, and attested by the oath of the president or cashier of said association, and a made and how failure to comply with the provisions of this section shall subject such association to the penalties provided in the foregoing section. APPROVED, March 3, 1869.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, [That] the following be, and the same are hereby, established post-roads:

ALABAMA.

From Greenville, via Talluka, Cook's Store, Rutledge, New Providence, and Hallsville, to Troy.

From Montgomery, via Falkners, Sharpsville, Strata, Argus, and Sal

soda, to Rutledge.

verified.
Penalties.

March 3, 1869.

Post-roads established in

Alabama;

From Demopolis to Eutaw.

From Scottsboro to Cottonville.

From Scottsboro to Salem, in the State of Tennessee.

From Yellow Creek, via Quincy, in Mississippi, and Okalama, via Red Land, to Serrepta.

From Eufala, via White Pond, Clopton, and Skipperville, to Ozark.

From Downieville, via Eureka and Port Wine, to Laporte.

From San Luis Obispo, via Rosaville, Cayucas, and Moro, to San Simeon.

From Santa Cruz to Felton.

From San Juan to Castroville.

From San Juan to New Idria.

From Tuolumne City, via McSwain's Ferry, Bear Creek, and Mariposa, to Millerton.

CONNECTICUT.

Connecticut;

From Norwich, via Greenville, Taft's Village, Occum, and Eagleville, to Hanover.

From Stanford, via North Stanford and High Ridge, to Pound Ridge, New York.

Post-roads established in Illinois;

Indians;

From Sterling to Yorktown.

ILLINOIS.

From Winnebago Depot to Fountaindale.

From Carmargo, via Miller's Store, to Cherry Point City.

INDIANA.

From Lebanon, via Dover, to Crawfordsville.

From Pine Village, via Petersburg, to Oxford.

From Leavenworth, via Sulphur Well, Marietta, Foster's Ridge, and Adyeville, to Ferdinand.

From Hazelton to Petersburg.

From Knightstown, via Elizabeth City, Markleville, and Ovid, to Anderson.

From Stockwell, via Potato Creek and Clouser's Mill, to Linden.
From Frankfort to King's Corners.

From Indianapolis, via Spring Valley, Laudersdale, and Red House, to Waverly.

From Amo, via Stilesville, Hall, Eminence, and Alaska, to Quincy.
From Hobbieville, via Buena Vista, to Harrodsburg.

From Arcadia to Duck Creek.

From Hillham, via Butler's Bridge, to Halbert's Bluff, (Shoals P. O.)
From West Boston to Laconia.

From Rushville to Millroy.

Iowa;

From Springfield to Victor.

IOWA.

Kansas.

From South English to Tallyrand.

From Atlantic, via Lewis and Cora, to Sidney.

From Belle Plain, via West Irving, to Waterloo.

From Oskaloosa, via Rosehill and Lancaster, to Richland.

From Jefferson, via Add, Van Meter, (late Tracy,) and Wintersett, to Afton.

From Centreville to Moulton.

From Ames, via Story City, Lakin's Grove, Rose Grove, and Hamilton, to Belmond.

From Casey, via Fontenelle, to Queen City.

From Greenwood to Rockland.

From Adel, via Van Meter, to Wintersett.

KANSAS.

From Pleasant Grove, via Coyville, Graystone, Guilford, and Verdi, to the mouth of Fall River.

From Humboldt to Guilford.

From Eldorado to Douglas.

From Humboldt, via Guilford and Fredonia, to Salt Springs.

From Humboldt, via Eureka, to Eldorado.

From Coyville, via Gray Stone and Guilford, to Verdi.

From Guilford to Oswego, via Fort Roach.

From Osage Mission, via Fort Roach, to Big Hill.

From Osage Mission to Crawfordsville.

From Osage Mission, via Monmouth, to Pleasant View.

From Girard to Pleasant View.

From Eureka to Elk River.

From Eureka to Eldorado.

From Canville to Guilford.

From Clay Centre to Marion Centre, via Abilene.

From Marion Centre, via Sycamore Springs and Eureka, to New

Albany.

From Far West to Diamond Springs.

From Alma, via Council Grove, to Cottonwood Falls.

From Mission Creek to Alma.

From Dover to Burlingame.

From Ottowa to Burlingame, via Sac and Fox Agency and Valley Brook.

From Garnett, via Centreville and Paris, to Blooming Grove.

From Jerome to Avon.

From Waveland, via Williamsport and Richland, to Clinton.

From Eudora, via Hesper, to Olathe.

From Marion Centre to Wichita.

From Oswego, via Big Hill, Salt Springs, Elk River, and Douglas, to Wichita.

From Emporia to Sac and Fox Agency.

From Burlington, via Madison, to Chelsea.

From Ellsworth, via Elkhorn, Lindsey, and Clay Centre, to Parallel.
From Lake Sibley to Salt Marsh.

From Medor to Carthage, in Missouri.

From Salt Marsh, via Lake Sibley, to Delphos.

From Oscaloosa, via Dimon, to Tonganoxie.

From Jone's Crossing, via Vienna, to Westmoreland.

From White Cloud, via Hiawatha, to Netawaka.

From Effingham, via Holton, to Saint Mary's Mission.

From Springdale to Oscaloosa.

From Osaukee to Mount Florence.

From Fort Scott, via Cato, Monmouth, and Millersburg, to Chetopa.
From Humboldt, via Newport, to Chetopa.

From Chetopa, via Westralia and Big Hill, to Coyville.

From Wetmore to Albany.

From Washington, Kansas, to Jenkins' Mills, Nebraska.

KENTUCKY.

From Flumgravy, via Plummer's Landing and Pine Grove, to Upper

Post-roads established in Kansas;

Kentucky;

Tygart.

MAINE.

From Portland to North Windham.

From Sedgwick to Brooklyn.

From Camden, via Centre and Lincolnville, to Belmont.

From Bucksport, via North Penobscot, to Castine.

From Robert Daggett's, via Danforth Mills, to South Weston.

From Springfield Corner to Danforth.

From Portland, via Duckpond, to North Windham.
From Hancock to Crabtree's Point.

MARYLAND.

Maine;

Maryland;

From Mackinaw, via Mackinae and Schoolcraft counties, to Escanaba.
From Millbrook, via Sherman City, to Coldwater.