atkins case ex part wilson in the matter of John wilson a bankrupt August the  that the clerk of the commission cause the bankrupt to be arrest at the suit  of I the petition creditor and assignee in the sheriff court of London for  pound and also cause another action to be bring in b r for the same sum and  keep he in custody till I have a opportunity of arrest he on the king bench  action and afterward charge he with another action at the suit of one be  bankrupt apply to be discharge from both action I and W direct respective to  discharge he out of custody of the marshal as the same attorney be concern in  both action a petition creditor can arrest a bankrupt because a commission of  bankrupt as both a action and a execution in the first instance so ex part  ware and ex part lews post the petitioner state by his petition that in may  last a commission of bankruptcy issue against he upon the petition of Nathan  James and other upon which he be declare a bankrupt and his estate and effect  be assign to Nathan James and other and in April last a commission of lunacy  issue against James and he be find a lunatic and notwithstanding he be one of  the petition creditor and a assignee Mr Fenwick the clerk of the commission  cause the petitioner on the that of June last to be arrest in the sheriff  court of London for pound at the suit of James and afterward cause another  action for the same sum to be bring in the court of king bench and keep he in  custody from four oh clock in the afternoon of the that of June until eleven  oh clock the next morning till Fenwick have a opportunity to arrest he on the  king bench action which be do he withdraw the action in the sheriff court and  the petitioner be detain in custody upon the latter action and be also charge  the same day with another action at the suit of one Mr be by Fenwick as his  attorney which the petitioner apprehend be contrive by Fenwick pure to oppress  he and therefore pray that he may be discharge out of the custody of that  marshal of the king bench upon the two action Mr solicitor general on behalf  of the bankrupt John Wilson insist that the arrest at the suit of James as he  be a petition creditor be irregular and be therefore under a improper arrest  Wilson ought to be discharge not only from this suit but from Wasss likewise  the counsel for be read affidavit to show that the bankrupt have be guilty of  perjury in swear that part of his estate wet in mortgage for pound when in  fact it be a gross fraud carry on between the bankrupt and the mortgagee and  hope therefore he shall not be discharge even suppose there be some  irregularity in the proceed as they shall never be able to catch he again if  once discharge Lord chancellor as to the behaviour of the bankrupt it be a  collateral fact and atkins er p have nothing to do with the present question  and will come more proper before I upon a petition to disallow his certificate  the affidavit beside be not positive but uncertain and if more certain will  not do this court will not suffer a petition creditor to arrest a bankrupt and  for this reason because that a Commission of bankruptcy be consider both as a  action and a execution in the first instance and after the petition creditor  have lie hold of all the bankrupt effect it will be a great absurdity for the  same person to be permit to arrest he likewise it be too material in this case  that the whole be do by the same agent and extreme probable atkins that  Fenwick arrest the bankrupt in the name of James mere to find the arrest at  the suit of be Even at law where there be a irregular arrest and a advantage  be take of the irregularity to charge he in custody also at the suit of  another person the court of law will discharge he from both so likewise in  this court where advantage be take of the injury and oppression a person lie  under by a improper arrest to charge he in custody though for a just debt this  court will discharge he from both his lordship therefore order that Nathan  James and Samuel be do respective consent to the petitioner immediate  discharge out of the custody of the marshal of the king bench prison at their  respective suit and that they respective execute proper authority to the  marshal for chat purpose and order that James shall pay to the petitioner the  cost which the petitioner have be put to by reason of the arrest at his suit  which he direct to be tax by a master