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ts: 01 tr sr tt a h a 1 1 1 • COFVC OF CH.\ ;4t;cF.Y. Mwr Birolit with LOAD CHANCVLLOR.. iFx parte twill, AND es pelt 61' A R4V. antiOTHIMS, . - 516 TRY. se:outer - rev or ROSZKT KV4SLT r. This is one of the most important cases which bas for many rears occurred in the administration It the Bankrupt Law, and one of peculiar interest to persons in the situations of bankrupt, assignee, or solicitor. This is the third time it bas come before the Court ; and in order to make our report intelli gible, we shall shortly state the circumstances of the case, and the decisions upon the former petitions. The bankrupt. Robert Kennett, carried on trade as an upholsterer, in Bond -street, many years pie vious to the year 1796. being then possessed of a house, which he himself occupied, worth 8,0001. but mortgaged to the amount of 9.0001. only. An action being brought upon the mortgage bond, and a bill of foreclosure filed, the house was put up for sale, and bought in at the sum of 5,0001. The bankrupt, between the months of May and (Moller, in the year 1796, had, to the knowledge of his bro ther, Vincent Kennett, committed several ads of bankruptcy, Upon the house being bought in, Vincent Ken :ett offered to pay off the mortgage, upon an agreement being entered into between hi brother, the bankrupt. and him, which should be so framed as to give him, Vincent Kennett, interest at the rate of ten per cent. To effeEt this, an absolute conveyance of the mortgaged premises was accord ingly made by the bankrupt to Vincent Kennett, for the sum of 4,4001. it being agreed between them that he, Vincent Kennett, should execute a lease of the premises to the bankrupt for the term of twenty one years, at the rent of 401. per annum, and should also sign an agreement to reconvey the pre mises so pretended to be sold to him, upon repay ment of 4,0001. ; but this aer.tement was never re duced into writing, in consequence of which, Vin cent Kennett refused to execute the lease, and in sisted upon his right to the property, as the absolute purchaser of it. 'The bankrupt was also the owner of some houses in Albemarle-street, which. suose quent to the ads of bankruptcy, alleged to have been committed in the year 1796, were conveyed to one Brown, without any valuable consideration, and who had since become a bankrupt. The house in Bond-street had been since lett by Vincent Kennett, at the rent of 5361. a year. Robert Kennett's affairs becoming mach em barrassed, a commission of bankrupt was taken our against him, in the year 1801, under which Braekley Kennett, another brother of the bankrupt's. and one Dyer, were chosen assignees; but in conse quence of their misconduct and collusion with the bankrupt, and Vincent Kennett, a petition was pre sented, praying that the commission might be super seded, which the Lent Chancellor ordered to he done, at the expense of the assignees and the bank rupt. for the • 'l-posc of destioying the bankrupt's certificate, being of opinion that the whole was con duCted in fraud, and evidently for the propose of defrauding the Lona fide creditors. In consequence of this first eommlssien being superseded, a second commission was sued out against Robert Kennett, under the description of Tsath-oche carer, dealer and Mapnvij Duff, one of the present petitioners, being the petitioning credi tor, on a debt of 1081. due to him, for the mainten ance and education of the bankrupt's children. Under this commission, two creditors, Perth) , and Playlair, were chosen assignees, at the instigation, and by the connivance of Henry Kennett, the bank. rupt's s in, who had obtained a power of attorn y from Parlby, a very old man, almost childish, ma totally a a . able of attending to or understanding any busioess, and who resided at Portsmouth. Play. fair, the other assi.o eo was also a man entirely under the guidance of the Kennetts, being an uncer tiicated bankrupt. and discharged from prison un der the Aft to relieve Insolvent Debtors. Henry Ken nett, ailing under the power of attorney, obtained from Parlby, received different sums of money be. longieg to the bankrupt, Playfair not at all inter meddling with the affairs. In August 1803, several of the creditors, who had proved debts to the amount of 1,3001. presented a petition to the Lord Chancellor, praying that this second commission might be superseded, on the ground of the prior AEls of Bankruptcy, committed by Robert Kennett, in the year 1796; this com mission 1 eing grounded upon the same aifts as the first commission, which had been superseded. Upon that Petition coming on to be heard, the LORD Cif ARCRL I on expressed great doubts whe ther it was not a fraudulent attempt to get rid of the Commission, and refused to supersede the Commis sion, until it should be completely ascertained by the verdilt of a jury, that aEls of bankruptcy, alleged to have been committed in the year 1796, could be made out, and his Lordship, therefore, directed issues to try, Ist, Whether the bankrupt, Robert • t' • .tov, and what AtTs of Bankruptcy, in the year 1796, or prior to those on which this commission was g >under' ? and, gdly, Whether he was indebted to the petitioning creditor, in a sufficient sum to support the commission ? Three petitions were new presented, which, by order of the Loa o CH•NCELLOR, were all three heard at the same time. The first was the petition of Duff, who had stied out the commission, and it prayed that the order made in August 1803, directing issues to try the Afts of Bankruptcy, might be discharged ; and that Paltry might be removed from being an asignee, on the ground of his inability to aft. The second was also a petition of Duff, and twenty-seven other creditors, praying that both Parlby and Playfair might be removed ; and the third was the petition of Starke, and the other creditors, who had provr4 debts to the amount of 13001. and it also prayed for the removal of the two Assignees, Parlby and Play fair. All these Petitions detailed the different proceed inp under this Bankruptcy which have been al ready stated ; and we shall, therefore, merely no tice the additional circumstances necessary to com plete the account of the case, as accurately as the per plexed and puzzling contusion in which some of the pallt,:s had embarrassed it, will allow us to do from the statement of the Counsel. The ATTOILNILT GUICR•L said, " that he was counsel for the creditors, Starke, and others, who petitioned for the removal of these assignees. The case was so strangely jumbled, aed presented su:h earirine ia different Pales of this han'arteptcy, that it was difficult to give 'any clear view of the whole. One cf the petitions prays for the removal ofts . .th assignees; anotheK for that of Mayfair only. There has evideirly been a complete juggle in this bnsiness, and it has been supposed that my clients are parties to it ; but it will appear otherwise. The petition to supersede the commission was, presented by eight creditors, whose debts amount ed to 13001. and to whom, we now add another proof for 120a1 whereas the petition on the other side, althoti4h it includes the name of twenty• seven creditors, does not afford debts to an equal amount with the other Petitioners ; so that at all events, Starke and Co. have a majority to sup port their proceedings. It has been said, in answer to the Petition to supersede the Commission on the ground of prior efts of Bankruptcy in the year 1795, that our debts are subsequent to 179fis and that consegi; ntly we should be precluded from all benefit under inch a proceeding; but the answer it obvious. If the bankruptcy is carried back to 1796, it will destroy the conveyance to Vincent Ken nett, and there will be sufficient to pay all the Cre ditors of that period 20s. in the pound, and the sur plus will consequently resort clearly to the Creditors (if the sobsequent period. But it has been alleged !hat there is a conspiracy in this case. If there be my Conspiracy at all, it is between the petitioning Creditor, his brother. Duff, the Solicitor and the Bankrupt ; for my Clients, the Creditors, contend that Kennett is 3 solvent man if this commission of Duff's Le cot down, and the whole pmperty fairly distributed. The conduct of Mr. Duff, who now petitions to discharge the order, direffing . an issue for trying the validity of this commission, is just as inconsistent with fear ploy, as Mr. Platfair's coo dial is with his duty its an assignee.—What right had Playfair to permit himself to be appointed an assignee ?--He knew that he was an uncertiticated bankrupt, an insolvent debtor t bat the knowledge of those fads extended to Henry Kennett only. The eight creditors, whom I now represent, were equally unacquainted with Parlby's Womb and Mayfair's insolvency, at the time they made them assignees." La en Cot arscat.t.oa-..." It is quite elm that Henry Kennett chose these assignees, availing himself of the ignorance of these creditors as to the persons whom he proposed to ele9. He plays with them up to the moment when he quarrels with Playfair, whom he bad chosen as a creature of his own, and then bestirs up those very creditors who had elefted Playfair and Parlby to petition for their removal. I Call have no doubt what should be done in such a case. These assignees must be discharged; and new ones chosen." _ Mr. RomiLLY.. I wish your Lordship would permit this matter to be now fully investigated. • It is necessary for the proteetion of the public and the sake of justice, for I will venture, confidently and snlensaly, to state, that if there ever was a case which would authorise the Cm7t to call upon the Attorney General to prosecute at the public expenee, it is this." Loan CHANCELLOR—t‘ Although my mind is per fectly made up as to what order I ought to make for the future administration of this Bankrupt's es tate, yet, Mr Romilly, 1 will hear the whole case through with the utmos - patience, entirely for the purpose of knowing wnether I should command the Attornsy General to prosecute or not. Mr. ATTORNISY GLPIIIAL —" My Lord, I should be glad to know, being engaged as Counsel in this case, agamst whom it is that \lr. Romilly thinks there ought to be a prosecution, as, if this ' matter is to come before me in a criminal shape, it is highly necessary dia.. I should know that those for whom I stand here are not criminated in it." Mr. ROMILLY" My Lord, 1 contend that there has been a conspiracy in this case to keep all the property from the hands of these creditors, and to retain it in the family of the Kennet's. which, I maintain, was entered into immediately after yoar Lor,lship superse led the first Commission; and it was formed between Robert Kennett. the Bank rupt, Henry Kennett, the son. snd Brachley Ken nett, the Bankrupt's brother. Their scheme to of fea this objea, was by getting two persons appointed assignees, totally unknown to the creditors, as Ruby and Playfair were, and then to sell the whole property under fiaitious names, so that when an inquiry was instituted, nothing could possibly appear. This, my Lord, is the outline of the con spiracy, which I think your Lordship is impera tively called upon to submit to a Jury of the country." Mr. Arros LT GLKERAL—." The Creditors, who are my clients, arc not at all involved in this statement ; but if any criminal proceeding is talked Li, should not the Kennetts be before the Court r. Mr. PIOGOTT on the same s;de—t , No combina tion can be proved to have existed between the cre ditors whom I reprssent, and Playfair; for they swear that they knew nothing of him even at the time of the meeting." I•jlto CHANCELLOR—" Piayfair himself was pre sent at this meeting, and Parlby was professedly re presented by Henry Kennett. So that these cre dit as at least made this eleaion with their eyes open." Mr. Teosiso's, for Playfair—" My client objets to his removal only in the diameter of a creditor. He is now doing his duty with the utmost diligence, and has been doing so ever since he discovered the fraudulent condua of the. Kennet's, for be has ac tually arrested Henry Kennett for 4001. which be has received under the power of attorney from Parlby, one of the assignees. None of the creditors deny their knowing Playfair's circunistancei at the time of chusing him assignee, for, with the exception of Mr. lienry Kennett, the only person who makes any affidavit, is Mr. Dickins. the Solicitor: the oh jet' of all this is very evident.—Playfair has shams himself determined to do his duty. Henry Kennett and he have consequently quarrelled; and the former consequently summons thsse'peti loners, who are tools of his, so conspire to remove Mayfair, be cause he appears resolved to do his duty. Besides these very assignees were chosen by the very cre ditors who now petition for their discharge; and may they not chum a second time, persons as obi jeCtionable as the present ?" Lotto CHANCLI.LOR —" I have fully made up my mind not to permit one of those creditors to vote at all in future." Mr. Rlc nit Ins and Mr. Comte, for the other assignee, Mr. Parlby—sulnuitstd the helpless con- Maori of t:.elr client, who had been prevnilni opts., ro sign this power of attorney to 1-Jerry Kennett. nut who knew nothing of what be did, or to what purpose it had been used. Mr. Ro t v, for Duff; the Petitioning creditor, under the second commission.--.-" It has always been thought expedient, in the whole course of these pro. ceedingn to attempt to criminate Mr. Duff, as being e necessary step to exculpate the charaCier of others. But I think I am only discharging my duty in say ing, that in my opinion his conduct has been most meritorious, as well as that of those creditors who have stood forward, at a great expence and risk to themselves, to detect a most infamous fraud. That such has been the case, is easily demonstrated. — Robert Kennett the bankrupt, Henry Kennett his son, and Biackley Kennett, have always pretended great hostility against Vincent Kennett, and under this colour of family hostility they have duped all these creditors. When the Court stiperseded the first commission against this bankrupt, it was done distinfily upon the ground of being condo ted And carried on on fraud. The second commission was sued out by the very persons who detefted the fraud' committed under the first commission, and then the Kennetts contrive to get assignees of their own stamp, in which they succeed for a time; bat die moment Playfair and Henry Kennett quarrel, then the latter again takes iiito play these five creditors, to enable him through their means to destroy this commission and their own debts at the same time. But by whom is this application made?—Not one of these creditors has sworn that he did nut know that Playfair was an insolvent debtor at the time he was eleacd, but Playfair has simply sworn that he did not know them. These creditors have been called upon to make affidavits why they chose such men, and why they permitted Mr. Henry Kennett to sell the bankrupt's property under fialOoll6 names, which has been aftunlly done. " Under all the peculiar circumstances of this case, your Lordship will judge whether some deci sive line of condo& ought not to be adopted to pre vent such proceedings ever recurring again .in the annals of Bankruptcy." Loan CH ANC LI. L 011." There are now three pe titions before me, all of them relating to a second Commission of Bankruptcy, which has been taken out in consequence of a former one being super seded by my order, on the express ground that it was taken out, not to: the purpose of preserving the property of the Bankrupt for the Creditors, but of proteCting and converting that property to the use Of the Bankrupt himself and his family. This se cond Comin'sion has been attempted to be destroyed on the ground of prior :tins of Bankruptcy ; but it is proper that I shoull here observe, that on the ar gument of the Petition for superseding the first Commission, every ground, as to alts of Bank rept: y, was stated ; and, it is somewhat singular, that it should be resorted to row. " Duff; the petitioning creditor in this Commission, is a creaitur for the education and maintenanceof the Bankrupt's children ; and I must say, that it has a bold attempt in him, with all these com bine 1 forces against him, even to persevere so far in anempting to extion payment of his debt. " With respell to Parlby, it certainly is a matter of surprise, that he should be permitted to execute any such Letter of Attorney, for he was evidently incapable of executing his own affairs ; much more, of undertaking those of others. o It is necessary in such cases as the present to look at houses and dates. On the 14th of May was the meting for the choice of assignees, and this, ac cording to the entry on the proceedings, was at- Henry Kennett for Parlby, by Chatters, Plavfair, Biackley Kennett, Starke, Ker, and San Iys ; these very pernms chose Mr. Parlby and i'lnyfair assignees ; these very persons petition to supersede the commission, when Mr. Henry Ken net and Playfair quarrel ; and these very persons now come and petition for the removal of those assignees, which they themselves chose at the .meting on the 14th of May. Can it be said. that these creditors did not chose assignees 'sn eer this second commission. with a lull know ledge of all the circumstances which had at tended the superseding of the first ? Were they, or coal they by possibility, be ignorant that I super seJed the first commission, Incause I found it en gendered, nurtured and matured in fraud ? and here let me declare my solemn opinion upon the point which has been properly suggested by Mr. Rontor.o.—l have no manner of doubt that the combination or conspiracy in any shape, of any number of men, to prevent a commission of bankrupt from having its Else effeft, of distributing all the bankrupt's property for the benefit of the creditors, is a most serious crime and misde neanor, and one which I trust will be soon punished with the utmost severity of the law. And here let me advert also to the conduit of those who are Solicitors of this Court. Let me tell them, that it ill becomes that purity of charnfler which this Court expeas to find in all its Ministers, to see them meddling in transaftions subversive of principles upon which a Court of Equity is boond to aft. And I cannot here avoid most particularly desiring the attention of the Attorney General to see whether any Solicitor here is implicated ; for if he is, I will not hesitate to say that the Attorney-General would betray his duty, if he did not present him accordingly. " Upon the whole of this case, whether it is the effea of combination or not, it is clear that nothing is done for the benefit of the creditors. Play fair is inaftive--Parlby is incapable, and but for a quarrel between Henry Kennett and the former, we sheath/ not have arrived so near at justice as we have done. " What could be the objett of the Petition to sin persede this Commission, presented in August, 1803, but to leave in the hands of Henry Kennett, all that he had collened under Parlby's power of attorney in fia, to doubleJeir4 the fraud, and chive the nail to the head. I sees surprised into the order direfting an issue, And if I had known the real circumstances, it should never have been made ; it must be set aside with costs. " As to Pnrlby, it is impossible to leave him an assignee under his infirmities. Tho creditors abused their trust in chasing such a man, and therefote I shall certainly withhold them from voting in the future choice of assignees. As to Playf tar being improperly chosen, and an improper person to be chosen, he must also he removed. " Upon the whole, I should nue do my duty, where there is so =eh reason to imagine fraud and latent . . . . combination, if did not most solemnly declare it , as thy opinion, that in anr manner to prevent ; the operation and effect of a commission of bank ruptcy is a most serious crime and mi.ierneanour; su:l one which, I trust; will soon meet wish the most exemplary punishment. In order to he sati gird whether there has been such a fraud atii c nu.p:racj in this case, 1 desire that the pap:rs he 1 tad befora His Majesty's Attorney-Cseneral, and that he in form this Court against whom a prosecution should instizuted at the expence of the public." - - COURT OF LIRG'i BENCH, WESTMINSTER, MAT it. IrUELLING. Mr. Famet moved for a criminal information against Nathaniel Pearce Worthing, Esq. and two others of the Severn Rangers, for provoking Capt. Bunion, of the Stanley Rangers, to fight a duel. Mr. Erskine stated, that these two corps of sharp shooters went out together to fire at a target, and the Severn were vi,lorious. They dined together, and after dinner Captain Burdon gave the following toast : " Man the Gallic Cork near roost roar Britith Oak; I , tt should he land, may the Serern Carps do Muir dine, :idle the Stanley C..rpt at'and tn the rear awl look on." This blundeting toast was taken in good humour at the time; but having afterwards been published in a Newspaper, some members of the Stanley Corps took offence. Mr. Burdon being applied to upon die subjelt, explained in a handsome manner ; but the opposite party were not satisfied, and the De fendants, among others, insisted he should fight.— Rule granted, HABEAS CORPUS. Mr. Totsixo moved that the Writ of Habeas Corpus to bring up the body of Caroline De Mande ville, an infant of eight months old, who had been forcibly taken away, naked, from her mother, by her father, should be filed. The Court were of opi nion that they could not interfere; the father having a right to the custody of his child. On the Bth of November last, the Recov'er's Court at Bombay gave judgment in the important cause of Nesbitt and others D. the East India Com pany. By the decision of the Court, the mode of payment adopted by the Company twards their 6 per cent. creditors at Bombay, And the other Presi dencies in India, was, after the fullest consideration, completely sandioned and confirmed. The sentence of Mr. Dor.rsauE, found guilty of murder for killing his antagonist in a duel at Lime. rick, has been commuted into imprisonment for twelve months, from tiae first day of last assizes. At one of the villag.; on the frontiers of the Niaam's dominions, a detachment of General L r's troops f-11 in with a body of .'OO plunderers, who followed the Mahratta Camp ; and who, by robbing the villages, which were deserted on the approach of the army, had amassed immense booty. This they attempted to defend, but, after a smart contest with our people, in which they lost 40 killed, and nearly 100 wounded, they fled and left the treasure in our hands. The 17th foot marched from Cork garrison upon the 7th to Monkstown, to embark on board the sir stoppered transports which arrived on the preceding Friday. The regiment is destined for India. CHANCE REDUCED TO CERTAINTY, will be exem plified on Thursday next, May 17th, as the FIRST DRAWN TICKP.T on that propitious morn, stusr be Twenty Thousand Pounds, whether Blank or Prize. . _ _ On Thursday morning next will be launched from tile Government Slip, at Cooper's Hall, the Ship CAPITAL, a Frasr Rave, armed with only one carronade, but that is a TWENTY THOUSAND Foci- DER. Whether she is the property of a single indi vidual, or whether divided in Shares, is not as yet exaftly ascertained, but it will be known to a cer tainty wilbin a short time after she is afloat. Tic. kets to share the pleasure of the Launch are to be had at all the Licensed Lottery Offic. s. Thursday morning, at Nine o'clock, the Seventl• Day's Drawing of the Lottery will begin; and un I that time, Tickets and Shares, warranted undrawn. may be had at both the old etablished Offices of T. Buss, 4, Cornhill, and 9, Charing-Crots. The Wheel is immett.ely rich, as may be seen by the fol lowing St.ue :- 2 rf of L. 20,000 2 T ire. of I. 2,000 1 3 ae. Sc. And only Four Days to draw. The First Drawn Ticket on Thursday neat is entitled to 20,0001. The First-drawn Ticket on Thursday morning is entitled to 20,0001. whether Bank or Prise ; and should it be sold at either of Surer Offices, Corn hilt or Charing Crow, the fortunate holders may have the money immediately. Tickets and Shares are selling at the above Offices, warranted undrawn. The Wheel never was so rich as at present, there being NSW of L. 20,003 2 P:izes of L. x,oro I ' 3 And only Four Days to draw. Sixth Day of Drawing. No. 28,191, a Prize of One Thousand Pounds, wet sold and registered by Ricamtosom. Goootv :a, and Co. The seventh Drawing Day will be on TiIUASDA y next, when the First-drawn Ticket will be entitled to Twenty ' Thodsand Pounds. The very rich state of the Wheel • renders the present time particularly favourable to r adventure in the Lottery; the Tickets and Shares Warranted 'indrawn continue on sale at Cornhill • and Charing Cross, the Licensed State Lottery Of- ' aces of It ICIIAIOIIOIt s QOuDLUCK, and Co. The new Administration and the Lottery seem now to engross the whole of the public attention ; which will - be finally settled first, seems at present skruhtful. In the new Administration, one of the capital prizes is said to be already drawn, but is the Lottery the whole of the Cabinet remai.is to be chosen ; the First Lord of the. Treasury and the ' Chancellor of the Exchequer (which are represented by the Two t 10,0001.) arc expected to make their arrpearar.ce On Thursday next ; at all events, at moo o'clock on Thursday morning, one of those great Cabinet Ministers will be publicly proclaimed at Coopers' Hail, in Basimthall-streets and most probably in the course of the day, the two Secreta ries of State, and other great officers.. Tickets for r this grand oc:asion are to be had at every Licensed Office.