case ex part DESANTHUNS June the saint after a commission of bankruptcy have  be proceed upon in the usual manner and all the creditor have acquiesce in it  and the whole complete finish the court will not supersede it though the act  of bankruptcy commit before the petition creditor debt arise be of a doubIful  nature all the creditor but two under a commission against Penton petition to  supersede it upon a suggestion that the debt of the petition creditor be not  contract till after the bankruptcy commit the commission be take out in and  there be no pretence that the petition creditor debt be not a just one and  Penton therefore be declare a bankrupt by the commissioner the commission be  proceed upon in the usual manner all the creditor acquiesce in it and the  whole be complete finish the act of bankruptcy pretend to be commit be a  secret one in a deny himself when creditor call upon he though at home the  person who ask for he be three in number one be pay afterward the very day he  call the other the next day the three the beginning of September and do not  call till the latter end of the August before every one of the person trade  with he as before and what be still more material Penton appear for month  together as atkins public as before and from the nature of his employment be  more visible than ordinary because he keep a garden and house of entertainment  after the manner of Vauxhall the petitioner have a judgement against the  bankrupt upon a debt for good sell the bankrupt between June and August  contract a new debt for wine with the petition creditor he then take out  execution and enter upon the garden c but the good take in execution be not  sufficient to pay he by pound in October a commission of bankruptcy be take  out against Penton and the petitioner prove his remain debt of pound under it  the assignee bring a action against the petitioner to recover back the good  take in execution and upon the evidence of one rise Penton appear to have  commit a act of bankruptcy before the petition creditor debt be contract it  will have defeat the commission itself of course and the plaintiff therefore  choose to submit to a nonsuit Lord chancellor this seem to be a contrivance  from the beginning to the end to exclude some creditor who debt be contract  after a act of bankruptcy commit and as it be in the plaintiff own breast  whether they will submit to a nonsuit or not this be not a sufficient  determination of the bankruptcy and therefore I will not supersede the  commission especial when the act of bankruptcy pretend to be commit before the  petition creditor debt arise be of such a doubIful nature atkins er p