WINDER v. DIFFENDERFFER.—2 BLAND. 171

lowed to the complainants; and because, the account is otherwise
detective and against evidence. And they excepted to account
E; because, the said John Diffenderffer is not therein charged
with interest enough, and because, said account is otherwise insuf-
ficient, defective and against evidence.

* The defendant John Diffenderffer excepted to the report
of the auditor, and the accounts C, D, and E, therewith re- 182
turned; because he is, in the said accounts, charged with the pay-
ment of interest, with which he is not chargeable in law; because,
in the said accounts, he is charged with compound interest, which
is altogether illegal and unjust; because, in the said accounts, he
is not allowed interest on the sums with which he is credited; be
cause, in the account C, he is not allowed a commission or compen-
sation in any form; because, in the said accounts, he is not allowed
the credits claimed, and stated in accounts A and B; because, all
the said accounts, stated and reported by the auditor, except A,
are erroneous, unjust, and illegal; and because, the auditor has as-
sumed the statements of the former auditor as correct, whereas
the same are erroneous in law and fact; particularly in regard to
the sum of $2,578.77, charged as over-payments to Mrs. Lee, Mrs.
Martin, and Mrs. Bailey.

After which the defendant John Diffenderffer by his petition, ac-
companied by an affidavit of Paul G. Hands in relation to the mat-
ter of the petition, stated, that since the report of the auditor, he,
the petitioner, had discovered material and important testimony,
requiring additional accounts to be stated, in order to bring a full
and perfect view of the defendant's ease before the Chancellor. He
therefore prayed, that the case might be again sent to the auditor
with leave to take further testimony, &-c.

BLAND, C., 21st February, 1829.—Ordered, that this case be re-
ferred to the auditor with instructions to state such further ac-
counts as may be required by the parties upon the testimony in the
case, and such other proofs as may be produced bei'ore him, on
giving the usual notice. And either party may take testimony
bei'ore the commissioners appointed for Baltimore County, or any
justice of the peace on giving three days notice as usual; provided,
that such testimony be taken and filed in the Chancery office before
the seventh day of March next.

The auditor reported, that under this order he had taken the de-
position of Paul G. Hands, and as his testimony related altogether
to the account of the trustee Vincent, he had corrected that ac-
count accordingly; and that he had, by the instructions of the de-
fendant John Diffenderffer, stated another account, marked F,
which differed from account B, returned with his former report. To
this account the plaintiffs excepted. And, on the application of