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

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 under
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