WINDER v. DIFFENDERFFER. 183

the time allowed for taking testimony under the order of the 21st of
February was, by an order of the 13th of April, 1829, enlarged.

Under the authority of this order the plaintiffs caused the cashier
and book-keeper of the Mechanics' Bank of Baltimore to be sum-
moned to appear before the commissioners to testify; and to pro-
duce a statement of the account in the said bank of John Diffen-
derffer from 1815 to 1829. And the plaintiffs propounded to them
certain interrogatories, which were returned by the commissioners
and filed here on the 2Oth of April, 1829, and are as follows:
First. Do you know John Diffenderffer, of the city of Baltimore,
who is one of the defendants in this case; and how long have you
known him ? Second. Are you now, and how long have you been
an officer in the Mechanics' Bank of Baltimore; and what office in
said bank do you hold ? Third. Do you know whether the said
defendant John Diffenderffer keeps his bank account in the said
bank; and for what period he has so kept his account ? Fourth.
Do you know whether he has, during the time his said account
was kept in said bank, kept an account with any other bank in
this city or elsewhere? Fifth. Have you recently, and at what
time, examined the said account of said John Diffenderffer with
said Mechanics' Bank ? If you have, what was the state of said
account at the several periods from the year eighteen hundred and
fifteen to the present time when the same was balanced ? State
the exact account of the balances at each of said settlements, and
the times at which said settlements were severally made ?

The cashier appeared, and objected to be examined on those
interrogatories. And the defendant John Diffenderffer also ap-
peared, and objected to the examination of the cashier of the
Mechanics' Bank, upon the interrogatories filed by the complain-
ant. First, because he is not a competent witness in this cause;
second, because he has no legal right to exhibit the account of the
said defendant with the bank, during the period referred to in the
interrogatory; and third, because he objects to their putting the
interrogatory to the cashier, or any other officer of the bank; or to
the production of the books of the bank, or any copy thereof, until
an order from the court has been obtained for that purpose. And
the defendant John Diffenderffer, by his petition, filed with the
return of the commissioners, prayed to be heard upon the matter.
4th May, 1829.—BLAND, Chancellor.— The matter of the peti-
tion of the defendant John Diffenderffer, standing ready for hearing