case Scythian plant on petition Lord chancellor king creditor come in under a  commission of bankruptcy though only to prove his debt and oppose the bankrupt  obtain his certificate yet he shall not sue the bankrupt at law unless he will  waive all benefit of the commission not only as to the dividend but as to his  vote against the bankrupt gain his certificate upon a petition of a bankrupt  complain that a one of his creditor have come in under the commission and  prove hisdebt yet have arrest the bankrupt and pray to be discharge the  counsel of the other side insist that by the statute of the Elizabeth cap it  be enact that if a creditor be not full satisfy out of the bankrupt effect he  may notwithstanding take his course at law against the bankrupt for the  residue of his debt and though by the Ann cap if the bankrupt have his  certificate sign by four give in number and value of his creditor and allow  peer William er p by the Lord chancellor then and not otherwise the bankrupt  be discharge of his debt yet in this case the bankrupt be not within the  latter statute so as to have his debt discharge he have not get his  certificate allow and be within the statute of the Elizabeth liable to be sue  by the creditor for the debt especial in this case the creditor come into the  commission for no other reason but to oppose the bankrupt have his certificate  which he will have have if the creditor have not come in and prove his debt  that the creditor be Willing to waive take any advantage of the bankrupt  effect or estate and therefore it be fit he shall be at liberty to sue the  bankrupt at law he not have peer William get any certificate otherwise the  creditor may be under a dilemma if he have not come in the bankrupt will have  gain his certificate sign by four give of his creditor in number and value and  now he have come in though for no other end than to oppose the bankrupt have  the certificate yet endeavour be use to deprive he of the benefit of the law  against the bankrupt Lord chancellor it have be the construction of the court  of equity upon the latter statute which discharge the bankrupt of his debt on  his procure a certificate sign by four give of his creditor and allow by the  chancellor that where a trader become a bankrupt and any one of his creditor  come in before the commission to prove his debt though with design only to  oppose the bankrupt certificate yet this proceed of the creditor be a election  to take his remedy for his debt under the commission a id if pen that the  creditor sue and arrest the bankrupt it be take to be a oppression therefore  let the creditor at his own expense discharge the bankrupt out of custody but  if such creditor will waive have any benefit under the statute stay a  reasonable time and there be a improbability of the bankrupt be able to gain  his certificate sign by four give in number and value of his creditor or allow  by the court in such case if the creditor apply to the court declare his  consent to waive any right or share of the bankrupt estate under the  commission and pray that he may sue the bankrupt I think it may be reasonable  for the court to give leave to such creditor to proceed at law against the  bankrupt for his debt this number be retain in saint c but reduce by g c S to  three give by stat g c S the signature of four give in number and value of  such creditor as have prove debt to the amount of pound be again make  necessary in the first instance but after six calendar month from the last  examination of the bankrupt the signature of three give in number and value or  nine ten in number of such creditor be sufficient however it be now settle  that although the creditor elect to proceed at law he may still come in under  the commission and prove his debt for the purpose of assent to or dissent from  the certificate ex part capot atk ex part Lindsey atk but at present by stat g  c S no creditor who have bring any action c against any bankrupt in respect of  a demand which may have beenproved under the commission shall prove a debt or  have any claim enter on the proceed under such commission without relinquish  such action c and the prove or claim a debt shall be deem a election to take  the benefit of such commission with respect to the debt so prove or claim this  section follow the effect of saint g c S upon the construction of which the  follow case be decide ex part Woolley rise v b linging v common taunt ex part  Dickson rise ex part Bozannet rise ex part Hardenbergh ibidem Watson v Medex b  a Harley v greenwood b a ex part Joseph rise Ves read v Sowerby m S ex part  Lord rise ex part Irving buck Bradley v millar rise ex part Stanborough mad  heath v hall taunt young v hunter east ex part Bolton buck ex part read V b  rise ex part prowse g I ex part Frith g I peer William er p