Mr. L. Andrews, as attorney for plaintiff, applied for writ of discontinuance in this action and asked for the: balance of costs to be repaid.
His Honour granted the application. Re Estate or D. Exeny, Deceaseo.
On August 12 citation was issued to H. A. C. Emery of Chefoo to appear at Court and give an account of the estate of David Emery, deceased.
His Honour asked' the Marshal if the citation had been served and Mr. O'Brien replied that it had and Mr. Emery was in Shanghai.
His Honour said he should have attended Court as ordered.
Mr.@. F. Curtis said Mr. Emery approached him in the matter on the evening of August 18 and be advised him. Counsel the next day asked to be allowed to file a special aj; pearance for Mr. Emery, but the Court over-ruled the application and said counsel had no right to appear for Mr. Emery. Counsel took exception to that ruling and he intended to appeal against that decision, He request ale Court to do nothing in the action at present, His Honour—Do you appear as attorney for Mr. Emery Mr. Curtis—I_ make this statement on behalf of Mr. Emery and as a friend of the Court.
His Honour—The Court has not asked you to make any statement and the Court will serve notice on you now that if you appear for Mr. Emery as counsel or for anybody else until you have complied with the rules of Court relating to the admission of attorneys to practise at the Bar of this Court, yon will be cited to appear for contempt of Court according to law. (To the Clerk) Let the citation be issued to Mr. Emery reciting the fact of this citation to appear in this Court on Monday, August 12, the further fuct that this has been citation served upon him by Consul General Fowler, and the further fact that he has not appeared' in response to said citation, although he has been for a number of days past in the city of Shanghai, China. Cite Mr. Emery to show cause why he should not be punished for contempt of Court in violating the above order of Court, and let the same be returned for to-morrow ati 10 a.m, and a warrant be issued for the arrest of Mr. Emery immediately, and let him be brought before this Court.
Text read from the printed page and cleaned; old type leaves the occasional error.