case alderman BACKWELLS case follow Julius v bishop of Oxford App Cas in re  baker Nichols v baker Ch d April in court Lord keeper Eq can ab pl Ch can S c  grant a commission of bankruptcy be not discretionary but de jure several of  the creditor of alderman Backwell have this vacation petition for a Commission  of bankruptcy against he the Lord keeper order that a commission shall issue  unless cause be this day show to the contrary and it be now move that the  grant of the commission may for some time be suspend for that much the major  part of the alderman creditor have compound with he which will be all set  aside and avoid if a commission shall go and it be seek for only by some few  and unreasonable people the alderman have already make very fair proposal  videlicet that the creditor shall be pay their whole debt one five in ready  money and the other four give in assignment on the exchequer and that near two  hundred and fifty of his creditor have accept of this composition and actual  receive their money which now will be all overreach by this commission and  they do not doubt but in a month time if the commission may be so long suspend  they shall agree with the rest of the creditor Vernon chancery case but by the  counsel for the creditor it be answer that by the alderman petition for time  and other study delay and by reason of privilege come in he have already for  near seven year prevent the creditor of the benefit of this commission already  and that their danger be very great in these delay for by the statute a  purchaser be not to be overreach unless the commission be sue out within five  year after his purchase and they do not know but that this may be a critical  time for the grant of the commission in that respect and by the very word of  the statute no commission of bankruptcy can issue after a man death and though  it be grant in a man lifetime yet if nothing be do upon it before he die all  be avoid Lord keeper declare that though the word in the Act of parliament be  that the chancellor may grant a Commission of bankrupt yet that may be in  effect must and it have be so resolve by all the judge wherever a statute  direct the do of a thing for the sake of justice or the public good the word  may be the same as shall thus Henry VI say the sheriff may take bail this be  construe he shall for he be compellable so to do king v Barlow Carth salk king  v inhabitant of Derby skin so the word shall and may in general act of  parliament or in private constitution be to be construe imperative  attorneygeneral v lock atk but the construction of those word in a deed depend  on circumstance stamper v miller atk and the grant of a commission be not a  matter discretionary in he but that he be bind to do it and that he have do  the alderman already what kindness he can in that he refuse to grant a private  seal for the pass of this commission but that now he can deny it no long by  reason of the prejudice and hazard that the creditor may in this case sustain  by delay and as for what be say that much the great part of the creditor have  already submit to a composition and have deliver up their specialty and now  this commission will overreach they and they will be in wherever a statute  direct the do of a thing for the sake of justice or the public good the word  may be the same as shall thus Henry VI say the sheriff may take bail this be  construe he shall for he be compellable so to do king v Barlow Carth salk king  v inhabitant of Derby skin so the word shall and may in general act of  parliament or in private constitution be to be construe imperative  attorneygeneral v lock atk but the construction of those word in a deed depend  on circumstance stamper v miller atk danger to lose their debt he say he can  not help that if it shall so fall out but as for bill of conformity they have  be long since explode and there be no such equity now in this court but he  will take care that there shall be able person nominate commissioner and  therefore first to prevent all danger he direct the commission shall be this  day seal and that the commissioner shall meet and proceed to prove the  alderman a bankrupt so that the execution Vernon chancery case of the  commission may not be prevent by his death and that then they shall surcease  all further prosecution wherever a statute direct the do of a thing for the  sake of justice or the public good the word may be the same as shall thus  Henry VI say the sheriff may take bail this be construe he shall for he be  compellable so to do king v Barlow Carth salk king v inhabitant of Derby skin  so the word shall and may in general act of parliament or in private  constitution be to be construe imperative attorneygeneral v lock atk but the  construction of those word in a deed depend on circumstance stamper v miller  atk the editor have not be able to find any entry of this case in the register  book but in the afternoon minutebook that April there be the follow entry cur  the commission to go and the commissioner therein name to meet to save the  benefit of the act but not to act further or to make any assignment of the  estate or to do any thing else till further order and direct alderman  Backwells counsel to bring he the name of such sufficient and honest person as  may be fit to be commissioner in this case and such as may treat with the  creditor and see if they can come to any agreement and he will renew the  commission to such person and say it be a mischief that the Act of parliament  have subject the commissioner to a action the editor have not be able to find  any entry of this case in the register book but in the afternoon minutebook  that April there be the follow entry cur the commission to go and the  commissioner therein name to meet to save the benefit of the act but not to  act further or to make any assignment of the estate or to do any thing else  till further order that the commissioner of bankrupt be liable to action of  false imprisonment vide miller v fear Blackst where the subject of person act  in a judicial capacity be liable to such action be a good deal discuss  overrule in Doswell v impey b c which see and the case there cite so that no  sufficient person and such as may be fit to manage such a concern as this will  undertake the trouble of it and as for a debt of pound that Mr attorney say  the alderman owe the king the Lord keeper say if such a debt be owe it be fit  application shall be make to the lord of the treasury that his majesty shall  be Vernon chancery case er p satisfy out of the assignment of the exchequer  debt but say there be a patent now lie before he which he be much importune to  pass whereby this debt of the king be to be fix upon the land and the king to  grant this to the alderman son