case ex part hall December the saint a person deny himself to a creditor who  call at eleven oh clock at night be no act pound of bankruptcy for it can be  say to be do with a intent to defraud his creditor which be the ingredient the  act of parliament require to make a man a bankrupt this be a petition on  behalf of the bankrupt pray to supersede the commission it appear upon the  affidavit of his wife chat two person call one night at her husband house  after eleven oh clock that they be both in bed at that time and as he do not  care to rise she go to the window and ask who be there and upon these person  refuse to mention their name she say whoever e be if you will come tomorrow or  any other proper time you may speak with my husband atkins er p the  commissioner declare hall a bankrupt on the evidence of these very person one  of who be a creditor they only swear general that they go upon the day mention  in mrs hall deposition and that they see her husband go into his house and  follow he direct and inquire for he of his wife she say that her husband be  not at home though they very believe and apprehend that he be and that he keep  his house for fear of be arrest by his creditor Lord chancellor there be no  pretence to say that hall have commit a act of bankruptcy for eleven oh clock  at night be a very improper hour for creditor to call nor can a man deny  himself at such a hour be say to be do with a intent to defraud his creditor  which be the ingredient the act of parliament require to make a man a bankrupt  and as the statute of the Geo have declare that if it shall appear a  commission be take out fraudulent or malicious that then the Lord chancellor c  for the time be shall and may upon the petition of the party grieve examine  into the same and order satisfaction to be make to he for the damage by he  sustain and for the better recovery thereof atkins may in case there be  occasion assign the bind meaning the bind before mention which the petition  creditor give to the Lord chancellor c before the grant of the commission in  the penalty of pound condition for prove his debt and also for prove the party  a bankrupt and further prosecution of the commission to the party petition who  may sue or the same in his name any law custom or usage to the contrary  notwithstanding I shall therefore order that it shall be refer to a master to  settle the cost and to ascertain the damage Mr hall have sustain and if the  petition creditor do not within a fortnight after the master report of what be  due for cost and likewise for damage pay the same to Mr hall I will upon his  application to I direct the bind to be assign to he to be put in suit against  the petition creditor where at law the jury may if they think proper give to  the value of the whole penalty in damage N B his lordship say the circumstance  of this case be so flagrant that if any thing of the same sort shall ever be  attempt again he will certain commit the attorney who sue out the commission