26 Doc. No. 10. 



A. 



IN CHANCERY, May 12, 1838. 



President of the United States, ) 



vs. \ Order on further directions. 



Drummond. ) 



AT THE ROLLS, , Master o} the Rolls— £3 10s.— 76. 



Between the President of the United 1 c- / / ^t. .^.^ . r n^ 

 Stales of America, plaintiff, ^[iturday, ,the 12 th day of May, 



ard t ^'^ ^^'*/ year oj the reign of 



Charles Drummond and her Majes- | ^'Z. ^^''>^^ ^^"^^'^ Fictoria, 

 ty's Attorney General, defendants. J ^ ^'''^' 



This cause coming on the 1st day of February, 1837, to be heard and 

 debated before the right honorable the master of the rolls, in the presence 

 of counsel learned on both sides, his lordship did order that the plaintifi"'s 

 bill should be amended, by stating the act of Congress passed in the year 

 1836 ; and the said bill being amended in court accordingly, upon hear- 

 ing the same act of Congress, and also the power of attorney granted to 

 Richard Rush, Esq., mentioned in the said bill as amended, read, His 

 lordship did order that it should be referred to the master to whom the 

 cause of Hungerford vs. Drummond stood transferred, to carry on the ac- 

 count directed by the decree of the 15th day of December, 1829 ; and it was 

 ordered that the said master should inquire whether John Fitall, in the 

 pleadings of this cause named, was living or dead ; and, if the said master 

 should find that the said John Fitall was dead, then it was ordered that 

 he should inquire and state when he died. And it was ordered that the 

 said master should inquire whether Henry James Hungerford, in the plead- 

 ings also named, was living or dead ; and if the said master should find 

 tliat tlie said Henry James Hungerford was dead, then it was ordered that 

 he should inquire and state when he died, and whether he was married or 

 unmarried at the time of his decease ; and, if married, whether he left any, 

 and what, children or child him surviving ; and the said master was to 

 inquire and state the ages of such children, respectively, if more than one. 

 And it was ordered that the said master should inquire and state to the 

 court whether Madame de la Batut had any claim on the said testator 

 Smithson's estate ; and, for the better discovery of the matters aforesaid, 

 the usual directions were given, and his lordship did reserve the considera- 

 tion of all further directions, and of the costs of this suit, until after the 

 .said master should have made his report. That, in pursuance of the said 

 decree, the said master made his report, dated the 23d day of March, 1838, 

 which stands absolutely confirmed by an order dated the 27th day of 

 March, 1838, and thereby certified he' found that the sum of £53 7*. 6d. 

 was justly due and owing to Messrs. Thomas Clarke & Co., the solicitors 

 for the defendant Charles Drummond, from the estate of the said testator ; 

 and he found that the said John Fitall was dead, and that he died at Bush 

 liouse, Wanstead, in the county of Essex, on the 14th day of June, 1834 ; 

 and he found that the said Henry James Hungerford assumed the name 

 of De la Batut, and was known as Baron Eunice de la Batut, and died at 

 the Royal hotel, called the Donzelle, situate at Pisa, on or about the 5th 



