Magistrate’s Court MONTH’S GAOL FOR BREACH OF BANKRUPTCY ACT

Press, Volume XCVII, Issue 28742, 13 November 1958, Page 24

Magistrate’s Court MONTH’S GAOL FOR BREACH OF BANKRUPTCY ACT

Convicting Clarence Morgan Davies on a charge of obtaining credit from E. Recce, Ltd., without disclosing that he was an undischarged bankrupt, Mr N. M. Izard. S.M., said in the Magistrate’s Court yesterday that the offence was regarded by the legislature as a very serious one.

“Having regard to the Bankruptcy Act and the difficulty of a firm knowing if a person is an undischarged bankrupt, I must, in the public interest, impose a short term of imprisonment,” he said. The Magistrate sentenced Davies to one month’s imprisonment. Mr L. G. Holder, for Davies, said an appeal would be made and asked that bail be allowed. The Magistrate fixed bail at £5O with a £5O surety.

Two charges of obtaining credit while an undischarged bankrupt were laid against Davies. One count was dismissed. Mr P. F. Feenstra, for the Official Assignee, said paint was ordered by telephone from the company and it was collected and delivered to Davies’s home by taxi. Although many letters had been sent to Davies no replies had been received and no payment made for the paint. He relied on the fact that the paint had been delivered to Davies’s home and it had been ordered to be delivered there. Mr Holder said Davies had not been identified as Clarence Morgan Davies, the undischarged bankrupt, nor as the man who had ordered or received the palht. There was no evidence that Davies had been the man who had obtained the credit from the firm, he said. The Magistrate dismissed the information on one charge, involving £23 6s 4d, but said he found the evidence on the second count sufficient to show Davies had obtained £24 15s credit. BAIL ALLOWED Because the next sitting of the Supreme Court would not be held until February, and because of what Mr G. S. Brockett had said in chambers. Maxwell Carlton Carney, aged 34. would be granted bajl, said the Magistrate. Senior

Detective-Sergeant J. B. McLean opposed bail on behalf of the police. Three previous applications for bail by Carney were refused. Carney, who elected trial by jury on four joint charges of theft and one joint charge of breaking and entering, was remanded to November 19. He was granted bail of £2OO with two sureties of £2OO each and was ordered to report daily to the police as directed. Cyril Bernard Papesch, aged 31, who pleaded guilty to four joint charges of theft and one joint charge of breaking and entering at a previous hearing, was remanded to November 20. He did not apply for bail. (Before Mr E. A. Lee, S.M.) GAOL FOR THEFT

Alexander Hunter Gribben, aged 47, a barman, who had pleaded guilty to the theft of £2O and a camera worth £3 at Timaru on October 20 was sentenced to imprisonment for one month. He was also ordered to return the camera and make restitution of £2O. CORRECTION in the report of a civil case published yesterday, Ngaio Stanton’s address should have read 175 Ferry road, not 173.