BANKRUPTCY ACT.

Otago Witness, Issue 1920, 4 December 1890, Page 11

BANKRUPTCY ACT.

At the City Court on Thursday, before B. H. Carew, 8.M., Bernard Ginsberg wa9 charged •witnthat, on the sth inst., being adjudged a bankrupt, he did not, to the tmsfc of his belief and knowledge, fully and truly discover to the official assignee the particulars required by the act respecting his property.— Mr Chapman appeared to prose■oute. and Mr Solomon to defend.— Mr Chapman said that there were three charges, laid under subsections 1, 2, and 7 of section 163 of the Bankruptcy Act, and were shortly, for not dieclosiug, for not delivering up, and for concealing. The facts were that the accused filed his petition in the District Court of Tiroara and.'Oamaru on the 30bh October 1890, and it would be shown thnt the proceedings had been transferred to the Bankruptcy Court here. The statement of the debtor showed a la--ge indebtedness — an indebtedness of £1321 11s 9d to unseoured creditors. The statement signed by the debtor and witnessed by his ablieltor(Mr Solomon), would show, looking at it in detail, a large indebtedness to the iirms of Blng, Harris, and Co., Sargood. Son, and Bwen, Skelton, Frostio, and Co. (of Christchuroh), Messrs P. Hayman and Co. and Meson Butler Bros, {of Dunedin). He would show that these debts represented goods recently sold and sent to the bankrupt, •who was a storekeeper at Nenthorn. It would be shown further that after tho bankrupt filed his petition a Mr Marriott, on behalf of the assignee, examined the estate and found that a large portion of the goods sent to the bankrupt were unaccounted for. Some of these goods were traced, but others ■were not. There would be evidence of some goods being taken away from the debtor'B store to Na3eby t>y a carter, and also within a short lime of the bankruptcy there was a marked and sudden depletion of the stock in the store, which had been previously well stocked. The bankrupt could not give a satisfactory account of this mate of affairs. Evidence would also be given as to what the man paid into his account during the months September and October of this year, and supposing no ca<-h ealea Lad been made, less was paid in in October than had been received ill respect of outsianding ftccc'unta. — Colin M-Kmizie Gordon, registrar of the Supreme Court of Dunedin, gave formal evide. c • of b'.nkruoU*-' .i:v! th.i t.ran-.fi'r<-i!.'!P of tho matlrr t>i toe DiinwHii rlii'-i)"!).— u.irnes Afluroft official as.ij.-n' - in l>H'ikri<i>tev. five evhieni" a* to i!ih HxirmiiHuon or secu'eil.— itubßrt O. Mcljolbuii. st.tioumasoe. 1 at Dunback, said he hid received goods trom JJunedin consigned to Bernard Ginsberg, of Nenthorn. On the 30th of August witness rreeiveri t«'O cases, and one truss or small bale, consigned by Messrs Boss and Glendining to the debtor. There was also a case of sundries from William Greig and Co. On the 30th of September, 4 cases and a pickage containing two cases were received, consigned by D. Benjamin. They were delivered to J. M'Lew on the 2nd of September. Two cases were received also from the Phoenix Company. Oa the Ist of September two oases and one package were received from P. Hayman and Co. On the let of September four oaaei of saddlery from Butler and Co., and 10 oasei of kerosene from W. Sooular and

Co , consigned to Ginsberg, were received. Also, the following:— On the 13th of September one box of apples, six boxes of candles, one of currants, one case of sundries, one package of do, seven saoks of sugar, and some bacon, from W. Sooularand Co. ; on the 16th September, from Skelton, Prostic, and Co. (Christchurch), one case of boots ; on the 17th September, from the Dunedin Brewery Company, one' case of ale ; on the 6th, four oases consigned by Sargood, Son, and Bwen (delivered br Kverest and Jordan on the 10th); oe- the Bth September, from Rocs and Glendining, one truss (consigned to W. Ginsberg, of Naseby. but witneis believed it went to Gimberg, of Neulhorn) ; on the 28th of July, from Blng, Harris, a caie for B. Ginsberg; on August 29 two cases,consigned to W. Ginsberg, Nenthorn, also from Bing, Harris, and Co. ; on the 23rd of July, one box of tobacco, one package of sultanas, 17 boxes of candles, one case of pickles, one bag of Bago, one box of cream of tartar, from M. Jones and Co. (consigned to B. Ginsberg) ; on the 24th of July, 16 mats of nugar and two boxes of mustard, from M. Tones and Co. Witness did not know Mr Ginaberg personally, but knew him by sight.— J. M'Lew, forwarding agent of Dunback, said he knew Mr Bernard Ginsberg. He had forwarded goods to him to Nenthorn, and he was instructed to receive them from the railway station by Ginsb3rg. Wifcuesi was supposed to send the goods by the flrct waggoner going up that way. Witness did not koow when Mr Ginsberg settled at Nenthorn. On the 28th of July he delivered to a waggoner a case weighing 3cwt, which witness received at the railway station. He aloo delivered other goods with the cuse on that date. The package addressed to W. Ginsberg, Naseby.from Hosß and GlendiniDg was, under instructions from that firm, forwarded to defendant with a memo.— Robert Shaw, recently employed by Everest and Jordan (forwarding agents, ot Dunback). Alexander M'Bae a carrier, William Joseph a carrier (both of Duubaok), David M'CoDiiell a carrier (ot Nenthorn), Geo. Boaz a earner (of Palraerslon). Fredei ick Gi'o. Fowler a contractor (of NenUiorne), Frederick Jas. Fowler (s>n of the last witness), William Donaldson a mining agent (of Nenthorn), also gave evidence. The latter stated that previous to the bankruptcy of debtor, some days befoie, he noticed that there wa3 a deploli 'a iv the Btcek to a large extent. Witness didjiot'hink that the sfci'ck was decr^sspd by ordiii'\rj st<'ts. Ptiitiun- of t 1 c Si<v\ mi: r lii. !>ave iiPeu 1 11 •b& (o iii.-itULr i.uf of thcpumisdo -The rasa w.is O.en 16 ii m.; 'rijriiinjid

On Friday the hearing of the charge preferred against, Bernard Ginsberg was cor>tinued frrm tie pievicuj da- . —Mr P. R. Chapman appeared for the prosecution, and Mr Solomon for the defendant.— John Joseph Thompson deposed that he was agent of. the Bank of New Zealand at Nentborn. and had been there some seven months He kaow Ginsberg, who kept his account with the bank prior to his bankruptcy. The bank was a creditor proving ou his estate. In October last a total of £34 lOi (being two credits, one for £4 and the other for £30) was paid in. The £30 was paid in to meet a bill. On the due date of the bill witness spoke to him, and the bill wai held over at his request for tbree or four days. He knew how the money would be appropriated. The debit balance

was £11 Us 3d. In September he paid In a total amounting to £218 6s 2d in 1 1 payments. The bank book produced was made up for tne assignee. It had been made up for acensei about September 5. It had been made up for the assignee since then. The entries In the bank book agreed with witness books. That was B. Ginsberg's signature to all the pay-In Blips produced beai ing that signature. Those all represented payment for cash. Witness produced 50 pay-in slips from Ist April to 2nd October 1890. and also produced B. Ginsberg's cheques. The £30 cheque of October 3, 1890, was paid in cash toB. Ginsberg in two £10 notes and 10 £1 notes. Witness remembered his cashing that cheque. Witness' assistant asked Ginsberg some question in witness' hearing. It was something like, " What are you up to now ?" He replied (to the best of witness' belief, and in a jocular manuer) : ' I am going on the spree." Witness produced 48 debits cheques, and vouchers. He knew Ginsberg's store, as he passed it about four or five times a day, but was not often in until lately. It was well stocked. One day, about three or four months Leforo the bankruptcy, he remembered taking particular notice of thin. He was led in the way of business to take notice of it. He did not notice the change until a few days before the bankruptcy. Ho took particular notice of it then. That was about tha due date of the bill he spoke ot. Somewhere about the Bth or 10th of October he thought that the stock was very small. He saw a great difference in the Btock then and the time when he was in befoiv— It might be a motith or two weeks be'ore. He spoke in a general way, not of a particular class of stock. He could not Bpeak of any particular class of stock. The difference, to his mind, was a striking one. He had a good idea of what business Ginsberg had been doing, and did not think he could dispose of nil the stock between tho time lie first noticod it, and when he looked at it again. To Mr Solomon : It w»b simply witness' opinion that fiinsberg could not have disposed of so much block in such a short time. He could not teil wl at witness' turnover was. He could not say what Ginsberg's takings were ; he had no idea.— Mr Solomon: Then if you do not know what his takings were, how can you say ho could not have disposed of this stock?— Witness": It is simply my opinion, j'idgir/g f"ora tho population of thfl place. Xxamination CJ'itinued: Witness c.mld not di'.vtoMlvt ex'en* tv s'<T'k had .slcunk iv vji'ii" 7l m-Vht 1»* £.'ti or it vr. v \n )<p £."•. 0 IVunes-* iliijughi 1: writ 'e-.taii.iy u\tr fii'oo — Iht- c^eviMS aoj. urnei t,> Thnrtdiy, acmstd Deing admitted to bail on his own recognisance for JESO, and one surety for £50.