166 WINDER v. DIFFENDERFFER.
central, and the chief port or pool of that space of tide in the Dis-
trict of Columbia, specified by their act of incorporation, as the
point of its eastern termination. And consequently, that all expen-
ditures of the corporate funds, in order to carry it down into the
port of the city of Washington, at Rock creek, or elsewhere within
that port, are legitimate, and cannot be prohibited by injunction.
Upon the whole, I feel perfectly well satisfied, from the facts
and circumstances disclosed by these pleadings and exhibits, sup-
posing them to have been presented as between proper parties and
in the most correct form, that there is no ground whatever for
granting, renewing, or continuing any injunction against The
Chesapeake and Ohio Canal Company.
Whereupon it is Ordered, that the injunction heretofore granted
in this case be and the same is hereby annulled and dissolved.
And it is further Ordered, that the attachment heretofore awarded
in this case be and the same is hereby quashed with costs.
It appears from an inspection of the docket entries as late as
the 1st of January, 1839, that after this order no further proceed-
ings had, up to that time, been had in this case.
WINDER v. DIFFENDERFFER.
Where trustees under a will, not having authority to sell, refuse to act, on a bill,
making such trustees and the cestui que trusts parties, another trustee may be ap-
pointed.—The trustee, having the profits of the estate in his hands, ordered to pay
the auditor's fees.—A decree for a partition among devisees, the costs to be paid
by each in proportion to his share; and a decree to account for the rents and
profits against the trustee by whom it was held.—A part of the property, appearing
by the return of the commissioners to be incapable of partition without loss,
decreed to be sold.
The mode of collecting testimony and taking the depositions of witnesses in
England and in Maryland, under a commission.—No objection, coming from 9
party, to suspend the taking of the depositions before the commissioners; but
such objections may be noted and decided at the hearing.—A witness may, on
assigning cause, demur to the questions propounded to him; upon which the
examination must be suspended until the court decides.—If the hooks of a bank
be shewn to contain evidence pertinent and proper, the party is entitled to have
them produced, or to have extracts taken from them.—A witness may be com-
pelled to attend and have Ms deposition taken before a justice of the peace.
The application of the principles of substitution as regards principal and surety._
The principles of equity in regard to the marshalling of securities and of assets.—
The mode of computing interest; and the cases in which it is allowed.—The cases