Doc. No. 10. 5 



[WitliMr. Rush's No. 21.] 



43 Craven-streut, Strand, 



February S, 1S.3S. 



Dear Sir: We have to acknowledge the receipt of your favor of the 

 3d instant, containing certain queries touching the measures whicli may 

 be adopted in respect of the claim of Madame de la Batut. 



In reply, we beg to'state that, so long as proceedings in the English 

 court of chancery are conducted as amicable suits, when both parties 

 unite in a wfsh to obtain the direction of the court, without unnecessary 

 delay, it is a matter of no great difficulty to calculate their probable dura- 

 tion; but circumstances sometimes arise, even in such suits, that prove 

 tfie calculations fallacious. When once, however, a suit ceases to be so 

 conducted, and parties come in whose interest it is to throw impediments 

 in the way of a decision, any calculation as to either delay or expense 

 must be a matter of little better than guess. So many unforeseen points 

 may arise, and the practice of the courts affords such facilities for a hostile 

 party to obstruct the course of justice, that the most experienced lawyers 

 hesitate before they attempt to give an opinion upon the subject. If in 

 the present case Madame de la Batut 's claim be further resisted, the suit 

 Avill become one to which these observaiions apply; or Madame de la 

 Batut might perhaps abandon the claim now brought in, and try to im- 

 pede us by filing an original bill for its establishment. We do not think 

 this likely, but it is not impossible. 



Havmg said thus much, we will proceed to answer the queries. 

 We think that within three months evidence might be obtained of the 

 facts necessary to defeat Madame de la Batut's claim, and that such evi- 

 dence might be procuredeither by sending over a commission to Paris for the 

 examination of witnesses, or by bringing interrogatories into the master's 

 office for the personal examination of Madame de la Batut and her hus- 

 band. We now know so much of the case that Madame de la Batut 

 would hardly venture to deny any of the necessary facts; but this is not 

 quite certain. 



We think that the expense of a commission to examine witnesses would 

 not exceed £150. The expense of interrogatories for the examination of 

 Madame de la Batut would be trilling; probably thirty or forty pounds. 



Assuming that the requisite evidence were obtained, we are inclined to 

 think that, notwithstanding Madame de la Batut's resistance, the suit 

 might be wound up before the rising of the court for the long vacation ; 

 ibut, after the observations we have thought it our duty to make in the 

 eariy part of this letter, you will be able to judge how far this opinion can 

 be relied on. 



You will bear in mind that the decision of the master is not final. Ex- 

 ceptions may be taken to his report, and argued before the court ; and 

 even an appeal may be brought against the decision of the vice-chancellor, 

 or master of the rolls, and the cause might be taken to the House of 

 Lords, The delay under such circumstances would be very great. 

 We are vour very faithful and obedient servants, 



CLARKE, FYNMORE, & FLADGATE. 

 Richard Rush, Esq. 



