D.—No. 6.

IG. In all or most cases, the Official Trustee would require tlie services of an inferior officer, to be called say "Messenger." I think it desirable that such officer should bo a constable, and liable (as well aa his superior the Trustee) to the summary jurisdiction of the Court, but I think the Official Trustee ought to have power to appoint and remove such officer and employ subordinates and pay them, he being responsible for their acts and omissions. 17. The practical mode of operating on " The Supreme Court Fund" ought to be such as to afford the fewest opportunities for, and the fewest temptations to the commission of frauds, and in order to effect this, the Trustee and his Officers ought never, save where it is unavoidable, to receive any of the proceeds of Estates into their own hands, but all monies should be paid to and by the " Receiver of the Supreme Court Fund" under warrants issued by the " Official Trustee." N.B. —Notices might be posted in Official Trustee's and Registrar's Offices, that no payments on account of estates or " moneys in Court" will be available, unless made to the Receiver of the Supreme Court, pursuant to a warrant from the Official Trustee or Registrar. IS. After mature consideration, I am unable to suggest a mode of operation more simple and likely to be efficient than the following, which I snail illustrate by a case of official administration of an intestate estate, but which will be equally applicable to insolvent's estates, and to estates administered by directions of the Court in actions for specific relief. (1.) Supposing the Official Trustee to have been clothed with the powers and duties of official administrator by application to the Court (or rather, in ordinary cases, to the Registrar) his first step would be to cause his messenger to take an inventory of the estate, and pay over any ready money into the Supremo Court Fund. This ought to be done by virtue of a warrant (Form A annexed) directed to the Receiver of the Supreme Court Fund, in pursuance of which the Receiver would issue a receipt, (Form B). N.B. —Where messenger or other officer pays in the money by virtue of his office, he ought to be officially described in those documents. (2.) Should there be any money in a bank belonging to the estate, the Official Trustee ought to send a warrant to the bank (A), giving the manager notice to pay in the amount to the Supreme Court Fund, and get a receipt (B). N.B. —If the money had been lodged in the bank for a definite period, the bank would not be obliged to pay till the expiration of that period, and then, if interest were payable, the warrant ought to be for both principal and interest. (3.) In cases where it might be advantageous to the estate that the business of the intestate should be carried on for a time, the Official Trustee might procure the sanction of a Judge, or, in places where no Judge resides, an order nisi from the Registrar, to be forwarded for approval to the Judge for the carrying on the business under the Official Trustees' inspection, proceeds and disbursements being dealt with by the same documents, as in other cases. (4.) In cases also where it might seem desirable and advantageous to the estate that the property or any part of it should be disposed of by private sale, the same might be done with the sanction of the Registrar on application, either by the Official Trustee or parties interested. If the Official Trustee and Registrar should not agree on the subject, reference might bo made to the Judge. In case of private sale, the purchase money would be paid under a warrant (A), and the purchaser would get the receipt (B). (5.) So where an Auctioneer was employed by the Official Trustee, the Auctioneer should pay the proceeds, deducting the charges of sale, to be allowed by the Registrar under a warrant (A), receiving a receipt (B), specifying the moneys as "proceeds of sale by auction." N.B. —Notice to this effect might be posted provisionally in the offices. (6.) So also with respect to moneys payable by debtors of the estate, the Official Trustee ought not to be at liberty to receive them personally, or bo empowered to give a valid receipt for them, but when it has been settled between him and a debtor what is the sum due to the estate ho ought to give the debtor a warrant (A) to entitle him to a receipt (B). (7.) Coming now to the payment of moneys out of the. estate, that ought to be done by virtue of the warrant to pay (C), issued by the Official Trustee, and directed to the Receiver of the Supremo Court Fund, who would demand and retain the receipt (D). When the Trustee was satisfied by affidavit of a claimant against the estate, and such enquiries as he might deem necessary of the justice of the claim, he would issue the warrant (C) to the claimants, who would give the receiver the receipt (D). When the Trustee entertained doubt as to the validity or amount of the claim, he should refer to the registrar, and, if necessary, to the Judge for directions ; and semble that a Judge might be empowered to refer questions of fact raised incidentally in such cases to a minor jury, to be summoned for the purpose. In the case of ordinary insolvent's estates and of intestate's estates, which are or probably may prove insolvent, the Trustee would not be bound to grant to claimants, warrants for payment till the whole estate was realized, except by the direction of the Court, which would exonerate him from future responsibility. The same documents would be used in the payment of necessary expenses incurred in

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CORRESPONDENCE RELATIVE TO THE CUSTODY AND