The British Press; or, Morning Literary Advertiser.
London, England, 1804-05-14 00:00:00

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