case ex part crisp in the matter of his bankruptcy August the d a commission  may issue against one partner of three for a joint debt though a action can be  maintain against one without join the other two party in the petitioner  Burnaby and barbut become copartner and be joint concern in erect a  amphitheatre at Ranelagh and in make and lie out garden for the entertainment  of the public and the copartnership be to continue upon the foot of the say  undertake for a certain term of year yet subsist upon and under certain  covenant proviso and agreement contain in a certain deed or instrument duly  execute by the petitioner Burnaby and barbut the amphitheatre be erect and the  garden lie out accord to the scheme the premise be afterward provide and  furnish with all thing useful and necessary to make the undertake comleat and  on that account many large sum of money be lie out and debt contract with the  different workman and tradesman some difference afterward arise between the  petitioner Burnaby and barbut who endeavour to dispossess the petitioner of  his estate and interest in the under take and to get the management thereof  whole into their own hand and in order thereto a commission of bankruptcy on  the first of Feb issue against the petitioner alone upon the petition of  William Perritt who debt have be contract on account of the undertake and be  due from the petitioner Burnaby and barbut joint and as partner and not from  the petitioner alone by a order make the that of Feb upon a former petition it  be order that the commissioner shall execute a provisional assignment of the  petitioner estate and effect and that the party shall proceed to a trial at  law in the court of common plea in a action of trover to be bring by the  petitioner against the provisional assignee on the that of June crisp v Perrit  cook b law S c the action be try before Lord chief justice will when his  lordship declare that the petitioner have commit a act of bankruptcy but it  appear that the debt upon which the commission be take out be due from the  partnership his lordship doubt whether the commission issue regular and direct  a verdict to be find for the petitioner atkins subject to the opinion of the  court of common plea and on the that of may after hear counsel on the matter  reserve the court of common plea pronounce judgement and declare the  commission issue regular see ex part Caruthers cook b law ex part Upton ibidem  atkins er p the commissioner afterward proceed in the execution thereof and  several debt amount to pound S d be prove under the commission and all of they  except pound S d be the debt due from the partnership since the commission  issue Burnaby and barbut by the perception of the profit of the undertake  receive much more than will satisfy all the joint creditor all of who since  prove their debt under the commission have receive from Burnaby and barbut  either a satisfaction or undeniable security for the same the petitioner offer  to pay into the bank of England such a sum as the court shall think proper on  be allow a reasonable time for the do thereof in satisfaction of the debt so  prove under the commission and therefore pray that it may be refer to a master  to see what the provisional and other assignee have receive of the petitioner  joint and separate estate and how and to who and for what the same or any part  thereof have be dispose of and apply and after just allowance make that they  may assign to the petitioner such part of his estate and effect as shall  appear to remain in their hand and that the master may also inquire which of  the creditor have receive any satisfaction or security and from who for the  debt so by they respective prove under the commission and that in case any of  they who have receive security for their debt shall elect to receive  satisfaction out of the money he now offer to pay into the bank such security  may be assign to the petitioner or to person who he shall appoint in order to  recover the money due thereon and that upon payment or make satisfaction to  the several creditor who have prove their debt under the commission the same  may be supersede Lord chancellor I do not blame Mr crisp the petitioner for  not apply soon to the court for a supersedeas because by a former order a  trial with regard to the bankruptcy be direct it be necessary that trial shall  he have first when this case come original before I I think it a pretty new  one a commission of bankruptcy take out against one partner for a partnership  debt without join the other partner in the commission and therefore direct a  trial of the bankruptcy before Lord Ch f we will whatever doubt may have  before it be now establish to be law on the unanimous opinion of the court of  common plea that a commission of bankruptcy may issue against one partner only  for a joint debt though to be sure in a action at law against one partner it  can not be maintain unless the other two be join in it atkins the commissioner  have certify that this be a proper time to supersede the commission and that  the circumstance be likewise proper for do it but suppose the majority of  creditor present at any meeting may have say we desire you will certify that  the commission ought to be supersede and one creditor have declare he shall be  able to prove in a few day and desire a delay the court will certain in that  case refuse to supersede the commission and give such creditor a opportunity  of prove the debt in the first place or otherwise the bankrupt may remove into  a foreign country and such creditor who be under any incapacity of prove  before from particular circumstance lose their debt in the present case  Burnaby and barbut the two other partner suggest that they be creditor for a  large sum and intend to prove their debt under the commission and therefore  oppose the commission be be supersede but admit they be creditor they run no  hazard for I do not find Mr crisp have much more effect than his share in the  partnership and they have the whole partnership effect in their hand and  therefore lie no stress upon their objection to the supersedeas but at the  same time I do not think it right to direct as the petitioner desire that the  security give by the other two partner to the creditor who have prove debt  under the commission shall be assign to the bankrupt indeed where there be a  principal and surety and surety pay off the debt he be entitle to have a  assignment of the security in order to enable he to obtain satisfaction for  what he have pay over and above his own share but it will be extreme hard if I  shall order a security give by Burnaby and barbut sole and separate to the  creditor for the payment of their debt to be assign to crisp and therefore I  will give such direction as will effectual answer the intent of all party his  lordship order that upon the petitioner pay within one calendar month from the  date hereof to all the creditor who have already prove their debt under the  atkins er p say commission the whole of their respective debt so prove by they  under the commission and the cost of the commission and of the proceed at law  the commission be thereupon supersede and he also order that the several  creditor of the petitioner who have prove their debt under the commission do  assign the several security that have be give to they by any of the partner  for their respective demand proverb under the commission to a trustee or  trustee to be appoint by the commissioner in trust to secure to the petitioner  and any other of the partner so much money as he or they have respective pay  or shall pay towards the atkins discharge of such debt over a above their  respective just portion thereof and order that the assignee under the  commission do reassign to the petitioner all his estate and effect which have  be assign to they and that they c nigh to a account before the commissioner  for the estate and effect of the petitioner come to their hand and that they  pay to the petitioner the balance which upon such account to be take shall  appear to be remain in their hand but if the petitioner shall make default in  make the several payment within the time before limit his lordship in that  case order that the commissioner be at liberty and do thereafter proceed in  the execution of the commission