WINDER v. DIFFENDERFFER.—2 BLAND. 155

this company not only have a right, but that it is their duty to ex-
tend the canal into the port of Washington, as being the most
* central, and the chief port or pool of that space of tide in 166
the District of Columbia,'specified by their Act of incorpor-
ation, as the point of its eastern termination. And consequently
that all expenditures of the corporate funds, in order to carry it
down into the port of the City of Washington, at Eock Creek, or
elsewhere within that port, are legitimate, and cannot be prohibi-
ted by injunction.

Upon the whole. I feel perfectly well satisfied, from the facts and
circumstances disclosed by these pleadings and exhibits, supposing
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 alter this order no further proceed-
ings had, up to that time, been had in this case.

WINDER v. DIFFENDERFFER.

PARTITION.—ACCOUNT OF RENTS AND PROFITS.—MODE OF TAKING EVIDENCE
IN CHANCERY.—LIABILITY OF PARTY ASSUMING MANAGEMENT OF PROP-
ERTY OF OTHERS.—SUBSTITUTION,—MARSHALLING OF ASSETS.—COMPOUND
INTEREST.—COMMISSIONS OF TRUSTEES.

Where trustees under a will, not having authority to sell, refuse to act, on
a bill, making such trustees and the cestuis 'que trust parties, another
trustee may be appointed.

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 pro-
portion 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 a party, to suspend the taking of the depositions
before the commissioners; but such objections may be noted and decided
at the hearing.