56 LATIMER v. HANSON.

thereof, or that the same is justly chargeable on the funds deposited
in this court. And he also pleads, and relies upon, the act of limi-
tations of 1715, ch. 23, s. 7, as a bar to the judgment.

29th August, 1825.—BLAND, Chancellor.—The trustee having
made a further report on the 14th of July last, shewing cause in
obedience to the order of the 17th of March last, the parties were
heard by their counsel, and the proceedings and proofs in relation
thereto were read and considered.

It is conceived there can be no doubt, that this court has the
power to make such an order as that of the 31st December 1821;
and, under the then circumstances of this case, its propriety was
evident, (a) A person who is appointed a trustee by this court is
not bound to accept the trust; or to continue in the office longer
than he chooses; but, so long as he does consent to act in that
capacity, he is bound implicitly to obey the orders of the court. In
this case the trustee might have refused to take upon himself the
risk, and trouble of executing the order of the 31st December 1821;
but, if he thought proper to refuse, he was bound immediately to
apprise the court of his determination, and to bring in those proceeds,
then in his hands, which the court had told him should remain no
longer idle, but be made productive in the manner pointed out; and,
not having done so, he is clearly chargeable with interest.

Whereupon it is Ordered, that Nicholas Brewer, the said trustee,
forthwith bring into this court the sum of $1393 22, as stated by
the account marked C. as part of the auditor's report returned on
the 6th of July last, together with interest on the said sum of money
from the 6th day of April last.

Some time after which, the case was again brought before the
court, by a motion of the solicitor of the representatives of the
late Charles Wallace, the petition of Sarah H. Smith, and others,
filed on the 18th August, 1825, having been dismissed.

30th March, 1826.—BLAND, Chancellor.—Ordered, that the
auditor's statement of the 2d July, 1825, be ratified and confirmed;
and that the trustee apply the proceeds accordingly, with a due pro-
portion of interest, that has been or may be received, towards the
payment of such of the said claims as may remain due and unpaid
after the payment of the sum now in bank; for the payment of

(a) Spring v. The South Caro. In. Comp. 6 Wheat 510; 1 Hair. Pra. Chan. 256;
2 Fowl. Exch. Pra, 287.