11th September, 1883. Before Henvenr J. Autex, H, B.Ml.'s Consul, Mr. H. &, Bush, of the firm of Messrs, Bush Brothers, was charged to appear and answer for refusal to pay two dollars claimed as foos for asumimons, and service thereof in regard to the Es J. 1. Wade, Mr, Bush being executor of the latter's will.
Fanater, Coustablo of.B.BL.'s Conan late, was sworn by the Judge, and stated as follows:—red the (No, 1) on Br, Bush, and asked him to pay the $2 mark the corner, Ho replied; "Lam not justified in paying any money out of the Estate." I then returned to the Court, and was ordered lu serve the summons (No, 2) which 1 yave to Mr, Bushy who aid he was busy writing to the Chief Judge and could not pay.
The Court—Did you order him to pay the two dullurs?
Witness—No sir, ply loft the paper and when he asked, Am I $2 for that?" 1 replied, If you please, Sir."
Defendant—I must aay the con did his duty as pleasantly as he evuld, Witness—I afterwards went to serve the third summons (No. 3) young Mr, Bush." Me. B orders to me that he should tuli Jow me to the Consulate.
Defendant, by leave of the Court, asked the witness whether he gave as a reason for not feeling justified to pay the $2 tical claimed, that he was prohibited by " Notification of the Court, issued on Ist Sept, (No, 4) from ads ing the estate of th late J. Ul. Wade.
Witness replied that he could not say exnelly; but some auch reason was given Defendant asked the Court to con-ler the peculiar position he was placed executor to the estate. Sic Kichard Rennie, Chief Justice, called at defendant's cfiice on the Gzh inst. and said, "Probate will be granted to-day or tu-morrow. here will not be any farther difficulty. All you have to do is to take the executor's oath." Accordingly Defendant attended at the Consulate on the 10th, accompanied by the tivo witnesses to the will, The oath (Form No. 1) was signed and aworn to, and the fees, $5 nud $3, wei and the Consul declared the will order. It did not seem therefore necessary that the-executor, having so far proved the will, should, according to Rule 186, be summoned to the Court in order to prove the will or to resume probate.
The Judge reminded the defendant that although the frst summons was addressed to.him as executor, the second summons ordered him to pay the $2 in his private capacity.
Defendant—Am I bound to pay the debts of the estate out of my own pocket?
Phe Tudge—Certainly you are, if the Court orders you to do so.
Defendaut—Then as the charge resolves itself in respect of my declining to pay the $2 on the summon or order (No. 2) addressed to me privately, I object to such summons as being informal and waste per, according to Rule No. 340 of the ules and Regulations of H.B.M. Supreme Court and other Courts, which reads, "Notices, summonses, warrants, decrees, orders and other documents issuing from the Court shall be sealed with the seal of the Court The Judge (addressing defendant)—You are always wanting to have things legal way. I dare say the objection may be called a lawyer's quibble; but I aim no lawyer. You know what the Memorauduin and I meat—aud you must obey.
Defendant asserted that he had obeyed the third summons being served, and had paid the fees, which by that time had been doubled; but he begged to ascertain for his future guidance whether, had the Court claimed $1,000, he must havi paid it, without kno and for what the mon reling the aff faction of the grant probate of said will; or that you ox-prosely renounce all right to probate of the said will, avd to administration of the property of the deceased, Fee, $1.
Service, $1.
Total, $2. [Seal.]
[No.
Memorandum, 11th September, 1883, To be collected from H. E. Bush forthwith two dollars foes for order and service of do. (Signed) LIT.
Text read from the printed page and cleaned; old type leaves the occasional error.