THE The Drey River Argus. SATURDAY, JULY 2, 1870.

Grey River Argus, Volume IX, Issue 695, 2 July 1870, Page 2

THE The Drey River Argus. SATURDAY, JULY 2, 1870.

From most^f the chief centres of population in the Colony an almost unanimous protest has been received against the financial proposals contained in the Colonial Treasurer's recentJy^delivered Budget, and if that protest comes with force from any quarter it ought to be redoubled in all the Provinces which contain a'goldproducing population. The entire scheme is a bare-faced attempt at special legislation for the benefit of one class of the community, and for the oppression of another .: and all attempted to be hidden under the gloss of providing employment ■for the class it would most seriously injure. In Otago the scheme is opposed by the leading journals, and- will be by their leading members, when the proper time,. arrives, for them to speak out. Already the most influential of the Auckland members have openly announced their opposition ', to a scheme which they call wild, visionary^ : and impracticable, and have formed themselves into a combination of ultra-oppositionists to the Gk>vernment proposals. This open display of antagonism on the part of those who may be considered Mr Vogel's colleagues — because,! while he nominally represents the Otago Grpld Fields, he is now an Auckland man— must be peculiarly annoying to him, especially after, the late port-of-call job, by which he secured so many benefits to Auckland — and must indicate a deep-rooted opposition to the present Government. The members for Westland can have ! no but to.joiuthe Opposition on these proposals, because by them a blow is dealt at their constituencies,''by placing upon everything they consume or use a heavy and direct taxations—upon their flour, hams, bacon, butter, cheese, beef, preserved fish, jams, and even"; blankets, and leather — while at the same time, ihe duty is entirely tnk'en off everything that. is required- by the farmers' and squatters in the shape of iroafeacingi gates, toolsy ; pitch and tar, and articles of luxury, such as lacquered metal ware, paper-mache wares, &c. In addition to this, a scheme is proposed, in lieu of handing over to the Provinces and County a moiety of th 6 Consolidated Revenue, as at " present, to levy a capitation allowance upon the adult population, which,' 'in the case of Westland, would be an additional taxation of ,£13,000 per annum, in consequence • of the large proportion of the adult, male population ; while, by it, Canterbury would be an annual gainer of „£25,000 ; Auckland, £9000; Wellington,, ; Nelson, ,£8500 ; and so on, in proportion. This, if carried, would be the death-blow of Westland, for* where the additional thousands are to come from, in addition to present taxation; we have not the remotest idea ; and although we would not be sorry to see the quietus given, yet we should deplore to have it brought about by such a scheme as this. The most daring portion of the entire financial proposals, and the one which must have taken the House most effectually by surprise, is that of borrowing, during the next ten years, £6,000,000 to be spent upon roads in the North Island, and a I net- work of railways through both Islands, 'quite irrespective of the fact that there "are companies of capitalists'now originated for the construction of lines of railway in different portions of the Colony, and who are expected to be able to do their work far better than the Government can do it. It is a special feature of the proposed Government scheme "that the General Government is to enter into the contracts for the construction of the lines," when the Provinces request 1 then> to do so, and the cost is to be charged to the said Provinces ; so that the various Provincial Governments would have no control whatever over the expenditure of so many millions of their own revenue. Mr Yogel is a smart man, but if he can get the Provincial Governments of the Colony to entertain such a proposal for a moment, he is smarter ; than-. we ever gave him credit for,; notwithstanding the sop which he held out in the shape of half of the stamp duties being allocated specially for railway purposes. In addition to this he proposed to enable the Provinces of ■the North Island to acquire a landed estate to the amount of £200,000, the cost to ibe- charged upon the Provinces, and their lands, or their proceeds, to be used for railways and immigration purposes ; also to expend £400,000 Upon roads in the North Island, and to give an equal amount to the Middle Island, to be , spent exclusively on railways, and to be divided amongst the Provinces in proportion to the receipts from Consolidated Revenue; and that £1 ,500,000 should be spent upon immigration, in order to carry

on the great public works about to be initiated. It is quite apparent, from the tone which has already been adopted by many of the leading members of the House, that a strong effort will be made to unseat the Ministry on their financial policy; and it is also openly stated by the members of the Government that, if defeated, they will not resign, but will go to the country, and their financial policy will form the election cries during the forthcoming general election.

The very sudden death of Mr J. H. Lowe, the late Superintendent of the Grey River Hospital, is yet fresh in the recollections of the residents. In connection with this melancholy event we may relate an incident which has just occurred, as illustrative of how some officials deem it their duty, or follow their inclination, by acting up to the letter oi the law. The members of the Hospital Committee took a few of the trinkets belonging to the deceased, and parcelled them up for the purpose of sending them home to his mother. A Magistrate, one of the committee members, wrote to the Curator of Intestate Estates, in Hokitika, explaining the circumstances, and the wish, of the Committee, but the first reply received was a demand by a constable that the articles in question should be given up, as belonging to the estate ! There was no alternative but to comply with the demand ; the goods will be taken to Hokitika, sold by auction, and the balance in money, perhaps a year ', hence, transmitted home. But with what different feelings would the mother have received even the smallest triuket belonging to her deceased son? There were other circumstances connected with the case which might have induced the Curator to act differently. The late freshes in the river have undermined and carried away enormous portions of the road on the Nelson side, between Langdon's Ferry and the Coal Pits. It is now in a highly dangerous state for travellers, and it is to be hoped the attention of the Nelson authorities will be directed to its repair before some accident occurs. There ia how being ofiereft for private sale, by Mr Salamon, the well known Dunedin jeweller, in the upper room of the Albion Hotel, without exception thfe most magnificent display of goods ever seen in this part of the Colony. The collections of diamonds is something which most people would give money even to look at, but all are invited here to inspect the stock though they should not be inclined to invest. The stock of jewellryof all kinds, the tastefulness of the combinations and mountings of the gems, and the beauty of the general workmanship, have earned much praise whenever they have been displayed. Mr Salamon will remain here only a few days longer, so that all who intend to visit him should do so at once. The General Governinerit are not going to carry on the Marine Survey on the "West Coast of the Middle Island. The services of the Marine Surveyor will be dispensed with, when the work already commenced is completed. . . • . The trial of the Maori prisoners at Wellington is completed. Most of them pleaded guilty, and sentence was deferred. The Attorney-General entered a nolle prosequi against some old offenders. At about half -past two o'clock on Sunday morning last a brutal assault was committed in a brothel off Manor place, Dunedin, on a man named Ryan. A disturbance took place there,^ and on , Constables Sherar and Walsh proceeding to the spot they found Ryan lying outside and apparently dead. His face and head had been dreadfully battered by kicks, his clothes were covered with blood,, and the fingers of his right hand had actually beeii partly eaten by the inhuman wretch who had assaulted him. When he was lifted up, he said that his assailant was a man named Jack Connor. The constables, suspecting that Connor was concealing himself, searched the place, and found him hid under a bed.* On being discovered, he attempted to escape by jumping through a window, but was caught,' and, when taken in charge, admitted that he had assaulted Ryan, who, said, had previously insulted him. It will be seen, by reference to ,our telegrams, that the Nelson Government has appointed the promised Commission to proceed here, and take evidence in the matter of the present Annexation Moveihent. ; , The nomination of a member for Westland North in the General Assembly takes place at Westport to-day. There is now no doubt that Mr Kynnersley will have a walkover. Several severe mining accidents; have occurred of late at Ross, the last of which took place to Mr David Lyall, a well known and respected resident there. He was looking down the shaft, when the descending cage struck him. He was severely .'hurt about the back of the head, and is at present in a very precarious state. We understand that at a meeting held on Thursday, the directors of the Grey River Steam Tug Coiripariy resolved to increase the rates of towage to 25s per ton. The well-known firm, Driver, Maclean, and Co., stock, station, commission agents, and wool brockers, has been dissolved by the retirement of Mr John Maclean. Mr T. M. Wilkinson, of Dunedin, intends , to stand for the mayoralty of that city. j There has been no business of #ny importance before the Resident Magistrate's Court within the last few days. Cobb and Co.'s branch coach, running between Greymouth-and-ihe Teremakau, had a yery narrow escape yesterday, on the return trip. The New River, where it lately broke out through the beach, was found to be much swollen, while a heavy surf rolled in from the sea. Dick Slattery, who is a yery care- : ful and steady driver, took the crossings-place, when one of his team fell in the creek in trying to drag the coach up the opposite bank, and just as some heavy rollers were coming in, and broke in at the coach window and over the box-seat, where the only passenger, Miss Kerr, of Greymouth, was seated.' She acted bravely, holding the reins while Slattery got down into the water to get up the horse or cut, the traces. A boatman put off from the ferry at considerable risk of' being capsized, took off Miss Kerr, and rendered,, other, assistance. After a. great struggle, the trace was cut, and the fallen horse was carried out to sea, but was afterwards got ashore. Two miners came forward, and assisted Miss Kerr to walk about two miles to Paroa, from whence she was conveyed to town by the tramway; and on information of the accident being given, an additional horse, traces, &c, were scut out to the beach, and met the coach on this side the Saltwater. It appeared that after Miss Kerr was taken off, Slattery turned his horses' heads down stream, brought the coach out on the side from which he entered, and got it up on to high ground, where he waited until the tide had fallen sufficiently to enable him to get the coach across safely. Every credit is due to the driver fop his gallant conduct on the occasion. i> '" " The Wellington-Independent thus mentions "the Evergreen," which it calls a "wonder of patience and art ; for it is without exageration an extraordinary specimen of human skill and ingenuity. It is hardly possible from any description we can give to form anything like a just conception of what' the picture is really like. To be appreciated it must be seen. The perfection of the work, the amount of patience and mechanical skill

requisite to manipulate 4000 pieces of wood inuo sucii a little gem — with such correct perspective, such minuteness of detail that can only be appreciated by the thorough sailor — absolutely staggers one with astonishment. The size of the picture is .3 feet 10 inches by 2 feet 10 inches over all, and represents a square-rigged ship in full sail, with a rugged piece of land and small village on her bow. No one but an enthusiast, and one gifted with the highest mechanical skill, could have accomplished such a work j* and perhaps people will thmk so when we tell them that the artist was 42 years of age before he learned the cabinet work, and occupied himself four years at the "Evergreen." The usual meeting of the Grey River Hospital Committee was held at Gilmer's Hotel on Thursday evening. PresentMessrs 'Wnitefoord (in the chair), Kennedy, Maclean, Greenwood, Strike, Purcell, King, Arnott, Moore, Revell, Gilmer, and Glenn. The minutes of the previous meeting' were read and confirmed. A letter was received from the secretary of the Red Jack's Benovolent Society, as to whether a contract could be entered into by the society with the Hospital for the receipt of such members as they might send down. ; Received, and consideration delayed until the new committee is: elected. The treasurer acknowledges receipt of the following donations: — Mr Woodroffe (glassblowers), L 5; All Nations Claim, South Beach, L 3. It was resolved that all subscribers of LI and upwards for the past year be entitled to vote at the forthcoming election of members of committee. Messrs Hindtttarsh and Kirton were appointed to audit the accounts for the past year. : : The price of Bay of Islands coal at Auckland, if taken by the entire cargo, is reduced to 22s 6d per ton. One of the Maori prisoners, named Reupena Te Rangi i Reunga, under a sentence of three years' penal servitude, for high treason, died in the Dunedin hospital on the 23rd ult. at 5.30, from disease of the heart. The deceased, who was 40 years of age, left a wife at Putiki, Wangauui. He was a Roman Catholic, and belonged to the Nagatiruamii tribe. His brother and five of the same hapu visited him in the hospital in the evening, and remained with him till he died. A baby show has been held at the Thames, Theatre Royal. "When the curtain rose, there were 21 mothers or nurses seated on the stage, each with a child in her arms. Drs. Cioft and Sam officiated as judges, and awarded the first three prizes. Everything being prepared, the curtain was raised, exposing the interesting scene, and we were pleased to remark that the children had the good taste not to squall. They appeared to be a fine lot of healthy, clean children, and were neatly dressed. Mr Hydes, before presenting the prizes, made a neat and amusing speech in defence of such shows. The firajt prize, consisting of a beautiful silver plated teapot, sugar basin, and a toast rack, was awarded to Mrs Thompson's little boy, aged six moriths. The first general meeting of the members of the Greymouth Jockey Club was held on Thursday night, at Gilmer's Hotel, at which there was a large attendance. The chair was taken, about nine . o'clock by ■. Mr Maclean, after which the minutes of the last meeting were read and confirmed. 'The Chairman then stated that the meeting had been called fortha purpose of electing a committee for the ensuing year, and that only those parties who had become members of the club were entitled to vote. A ballot was then taken, and the following twelve gentlemen were declared elected .—Messrs Strike, Revell, Maclean, Kilgour, Nichol, Maxwell, Whitefoord, Lapham, Carroll, F. Guinness, Girdwood, and Kennedy. Five stewards require to be elected from the above-named, to act during the current year. A secretary, treasurer, and two auditors, have also to be chosen. There was much enthusiasm in the meeting, and a strong disposition to get to . work as soon as possible. , The ; members ?of the recently inaugurated club are nofarrin excess of forty, with every prospect of a large and immediate increase. , The Ballarat Courier is informed that the Ballarat Hibernian Society received last mail a requisition, signed by fifty persons, desiring that a special delegate be sent to the Northern Island, for the purpose of establishing new branches of the association in Auckland, Shortland, Grahamstownj and Coroiriandel, where it is expected that at least 500 members will be enrolled. In the Middle ' Island the society numbers upwards of 600 members. A public meeting was held in Invercargill for the purpose of discussing sundry projects for abating and restraining the evil of drunkenness. Two resolutions regarding proposed amendments in the Licensing Ordinance were adopted, and on the motion of the Rev. Mr Stobo, the following resolution was also carried without' opposition: —" That this meeting is of opinion that the principle of the Permissive Bill/ conferring the power of regulating licenses . upon two-thirds of the ratepayers and householders, should be adopted for .this colony,?' A committee was formed to carry out the resolutions passed by the meeting, which then terminated. The Wellington people appear still to have faith in Baker's Hill. The other day a small quantify of stone was broken from a leader cropping out from the surface,' by M'lntyre and Mr Duke. This they crushed in a rough way, and on panning off the pul verised stone a very nice sample of roughlooking gold remained in the dish. The Timaru Herald is glad to learn that the New Zealand Meat Preserving Company are now about to erect premises at their boiling-down establishment at the Washdyke for the purpose of preserving meat. Tasmania is making vigorous efforts to obtain immigrants from the Continent of Europe. Mr Buck, the Immigration Agent of the, colony, has been personally . making known its advantages in Denmark and Germany, and has apparently succeeded in exciting the interest of the people in both countries. In Denmark he is having. his handbook on Tasmania translated into Danish for distribution among the small farmers, more especially in the insular provinces. In Germany proposals have also been made by associated bodies of Germans for their in communities in Tasmania, but these proposals have not, as yet, been accepted. In the meantime, Mr Buck has despatched a ship from Hamburg -with 141 emigrants. A commercial traveller supplies 'the Wellington Advertiser with the following notes of a recent visit to : the West Coast:— After leaving Westpprt, Greymouth was the next place to which I paid a visit, and certainly I found a much more prosperous state of things existing there, than at either of the last mentioned places. The diggers as a body were doing well, and, though nothing was recorded in the shape of "heavy finds" or ( speedily made fortunes, still they were sufficiently satisfied with their average earnings to make them contented. Men in business were doing a steady paying trade— nor did they seem at all nervous about the "coming fourth ;" therefore, looking at Greymouth in a commercial point of view, I should unhesitatingly pronounce it to be the most "healthy" district on the West Coast. Hokitika, where formerly all was bustle and activity, is now in a most deplorable condition j the Provincial Government chest is empty, and its hinges are rusty for want of exercise. The district, though far more extensive, is a much less important one than

Greymonth. Noticing the number ojc shops md hotels closed in the various streets, was suggestive of the idea of one-half the town being in mourning for the other. The diggings in many parts of", the district have ceased to be remunerative, consequently uhose of the mining population who had the means, have long since left a spot where the amount realised by their labor was barely sufficient to supply them with the necessaries of life, and have sought " fresh fields and pastures new." Property has decreased in value to an alariniug extent ; the business community are literally living on each ofcher. Failures are frequent, and commercial confidence has ceased to exist. Therefore, with the mineral resources of the district fast failing, and -without anything in the shape of agriculture to back io, it must be palpable to everyone, that unless fresh gold discoveries are made, Hokitika -will shortly be numbered amongst the used-up gold fields of New Zealand. A letter from Whakatane says that the settlers are in a Very destitute state. Fear of the Hauhaus v,'M not allow them to occupy their lands, and they are out of work and means, whilst the natives are fed at Goverament expense. There was to be a meeting of IJriwera, Ngatipukikoe, and Ngatiawa, which it was feared would end in a oollision. The .Totara River has again broken away from .its old course, and now runs in a straight course to sea, near the residence of Mr Zelberg. . The entries for the supplementary sports in connexion with the match between Hewitt and Harris, at the Friendly Societies' ground, closed on Monday evening, 20th ult; The straight course of 300 yards, which is being prepared for the match itself by a friend of the colonial champion, skilful in such work, is nearing completion, and promises to be one of a very superior character. It coincides for a considerable distance with the gravelled walk that runs from the western to the eastern side of the grounds. In case of bad weather, the committee have power to put off the match. Both competitors are getting on satisfactorily with their training, Hewitt being at St. Kilda, and Harris at Heidelberg ; and there 13 every likelihood of an exciting contest. : It - appears the competitors have agreed among themselves to hand over a portion of the receipts to the Walshe fund. Tnere ia to be one general charge oi admiation to the ground, A letter from Calcutta mentions an amusing incident which took place on board the Galatea on tne day after the ball given on board that vessel by the Duke of Edinburgh. The writer says:— "While on, the upper deck looking at the decorations, &c, an East Indian tapped me on the shoulder, and pointing to two large glass stars, about two feet in diameter, such as are used in illuminations, asked me quite solemnly which of them was the Star of India. It required all my self-possession to' answer him in an equally solemn tone, and without smiling, that 1 was not in a position to enlighten him." * An accident occurred at Messrs Farnie and Nesbitt's flax mills at Blueskin, Otago, on Tuesday week. Some visitors being desirous of inspecting the works, one of the employes, Alfred Mansford, set the machinery in motion by hand, steam not being up. , Whilst doing so his right thumb got entangled between the cogs, and was completely smashed to the middle joint. , In the House of Representatives on. the 17th ult., Mr Harrison moved for leave^to bringjn a Bill to amend, the Municipal Corporations Act, in order to empower Borough Councils to levy special rates for fire prevention purposes. He said he would trouble the House with but a few remarks upon the motion he now brought forward. Under the Municipal Corporations Act there existed no power by which Borough Councils could levy a rate; for the prevention of fires. The Bill he wished to introduce would give, special power to Borough Councils formed under the Act, to levy a rate not exceeding threepence in the pound for the establishment and support of fire brigades and other purposes. Some such power should be given to Borough Councils in towns where large quantities of combustible materials were stored. Hia principal reason for bringing forward this Bill was, that in Westland several serious fires had occurred, and an enormous amount of property had been destroyed. The inhabitants were willing and . desirous to contribute to wards, the formation and support of fire brigades, but at the present time they had not the opportunity of doing so.' Leave was granted. The Bill was brought in, read a first tune, ordered to be printed, and the second reading fixed for the following Wednesday. . ' The refusal of the Government of this Colony to send representatives to the. approaching Intercolonial Conference, is referred to oy the Aiißtraldßian in the following terms : — lt is a pity that any Colony should assume a position either of neutrality or of antagonism upon an occasion of this kind. Nothing is . to be gained by it, and a good deal may be lost. If, as it is not improbable, the Colonies of New South Wales, Victoria, South Australia, and Tasmania, arrive; ait a general agreement with respect to the formation of a Customs union, for example, New Zealand cannot afford to remain out in the cold. To do so would only derogate from her dignity, and prove injurious toherhv .terests. Whatever concerted action -the most populous, ' wealthy, andenterprising of. the Colonies decide upon taking, their neighbors will feel eventually constrained to coincide in ; and it would be far more judicious for New Zealand to take part in the preliminary discussions, and to assist in ; shaping whatever determinations may be arrived at, than to protest against them when protestation is ineffectual, and acquiescence is inevitable. ' : During the month of May, there were 16 days on which rain fell in Dunedin, the total rainfall being 5 and the greatest rainfall in one day 1 926 on the 20th. The mean .daily velocity of the wind during the same period was 114 miles, the greatest velocity observed for 24 hours being 480, miles on the. 3rd. On the 6th, a solar halo was seen near, sunset, and a lunar halo after sunset. A fine lunar halo was also seen on the 13th. Fog occurred on the 16th. The highest temperature registered during the month was 62deg on the 16th, and the lowest minimum temperature 35deg on the 2nd and 23rd, giving an extreme range for the month of 27deg. The mean daily range, however, was only 10.2deg, and the approximate mean daily range of temperature for the month was 46. ldeg. The barometrical observations for the same period show the highest atmospheric pressure to have been 30.340 in on the sth, and the lowest 29.189 in on the 15th, giving a range for the month of 1. 151 in, "The mean atmospheric pressure for the month was 29.915 in. Mr Gillies, the Superintendent of Auckland, has lately delivered a capital lecture on the subject of "Public Spirit." This is the fashion in which he "wires in" at the Auckland people, for their want of energy arid public spirit : You allowed your land fund to slip away f rom . you - you have allowed your native policy to be controlled by the South, your native trade destroyed, . your native lands absorbed, the 'seat of Government removed— and 'tis but a few days ago I wondered if, through apathy, •you would allow the San Francisco line to sh'p through your fingers too. After to-day's meeting I have hopes of you. Your volunteers are beaten in shooting— yourselves .are reviled as "trading in war." And you

tamely submit to it. Oh !: what will ajrouse you ? I would that any words or deeds of mine could do it — they Would not be spared) for lam firmly convinced that, unless a more ( active;, healthy public spirit be evoked our £ midst^ we shall be, as we have been,- a stag- , j narit or a retrograde, instead of a progressive ■, community. How is this state of things to . be remedied ? And the answer is given— by v the individual cultivation of the habit of „ self-sacrifice for the good of others. Let 8 each one of you resolutely resolve within your own sphere to devote a portion of your 1 time and energies to some object, whether 1 benevolent, philanthropic or political. Mir £ Gillies might quite as justly "wire in" to ( the public of Greymoutn, or any other community in New, Zealand. All of them may { exclaim "Me culpa-" because a want of public spirit is the curse of the Colony. J Thank you, Mr Gillies I we Bay, for telling a truth of general and universal application. « At a recent gathering of the notables of Auckland, the Chief Justice said :— " Ladies I and gentlemen, it would ill become me, upon this occasion, and in the presence of his Ex* cellency, to lavish a studied panegyric upon the Governor who is now ruling over ns ; but 1 think that I may, and know that you l will, congratulate his Excellency upon the 1 condition ia which the Colony is now placed I under his beneficent rule. When he came to < this Colony, he found it in a state of some ( distraction and much alarmed. He has , already lived to see it brought into a state of peace arid renewed prosperity ; and I feel assured that he will yet live to hand over the government of! this country to his successor, who will find a Colony as remarkable for its prosperity as it is for its various resources — for its admirable climate and surpassing beauty. Gentlemen, to you I will say likewise, that if the Colony owes much to his Excellency the Governor, &c, &c." The Wellington Post thus comments on this : — Now, what in the name of all that is wonderful has Sir George Bowen done to merit such a panegyric as this ? If he has displayed the negative virtue of not interfering with matters ne did not understand, he has certainly been of no more positive use to the Colony than a fifth wheel would be to a coach, and it must be an insult to his common sense to ask him to swallow such, a doze < of flattery. ; , '.? : In a bankruptcy case heard before Mr Justice .Chapman, at Dunedin, on. June 21, the provisional trustee, Mr Bathgate, explained that under the old Act provision had been made for the payment to the provisional trustee of two . guineas out of an estate, as a remuneration for the trouble and expense which he incurred in examining a bankrupt's affairs. In those cases where the bankrupts were poor men, he (the provisional trustee) had not made any chargehe had, in such cases, waived his claim to the fees, but in cases where men sought to avoid a responsibility of several thousands of pounds, he thought it would be a hard case if he (the provisional trustee) were put to trouble and expense without any consideration. He, had no pubiic salary, and he could only look to the fees for remuneration. In reply to further remarks made by his' Honors the provisional trustee, stated that the old rules provided for the payment of two guineas and that the practice was continued under the new rules. His Honor said he was aware that under the old Act the case was as stated by Mr Bathgate. The provisional trustee pointed out that if .fees were not allowed, it would amount to this : that in cases where there was no estate, he could not make a report, because he had no public . salary, and he looked to the fees for remuneration . He called the attention of his Honor to section 19 of the Amendment Act, to show that power in the matter was vested in the Court. His Honor remarked that that section was applicable where there was an estate. The provisional trustee replied that the inference was, that where there was no estate, the Court would make an order. His Honor decided that the provisional trustee's fees must be paid. It was noticeable that most of the poor estates came into the hands of the provisional trustee, and rich estates generally ended in a deed of -composition being made;- that was the reason why the fees had been imposed.