alderman BACKWELLS case Nov for previous proceed see S c Chan Cas S c vern  ante Chan Cas Commission of bankrupt a Commission of bankrupt issue against  alderman Backwell and the creditor who sue out the Commission be compound and  agree with and thereupon a supersedeas to the Commission be grant the earl of  Exeter and a hundred other creditor petition that the Commission may be revive  and the supersedeas because improvident to flow out set aside and by Pemberton  sergeant and other insist saint that they be the great number of the creditor  who desire it dly the Commission be de lure grant and can not at first have be  deny dly and when it be once grant then all the creditor every one of they be  interest in the benefit and proceed of the Commission equal with the rest of  the creditor at who petition the Commission be grant so as they come in and  pray to be admit within the four month and tender their contribution case in  chancery thly and the NonPetitioners now pray to be admit and though now the  four month be pass it be not their fault because the supersedeas be grant  within the four month they can not be blame for they have time till after four  month thly and see they be interest in the Commission as well as the  petitioner for the Commission the other creditor can hinder they from come now  into it without which they shall lose their debt case in chancery er p the  former debate on this matter do produce some proposition of accord from Mr  Backwell son and heir of the alderman which now not be acquiesce in c Lord  keeper I hold that the Commission be de jure and the statute which say the  chancellor may grant c be as if it have be shall grant or ought to grant but  he can grant ex duty but on request of person interest if twenty man swear  before I that I S be a bankrupt yet without petition of a creditor I may not  award a Commission but when it be once grant if the person that petition be  well satisfy I do think a supersedeas may be grant as well within the four  month as after possible they who petition find that it be best for they so to  have it for if their debt be by judgement they will be prefer before other  whereas on the Commission they must come in but in proportion with other and  it be questioning law I will hear it assist by judge note when once a  Commission be grant it be folly for the other creditor to sue for their debt  at commonlaw or chancery for if they shall recover yet it will not avail they  but they must be liable to the Commission so if they have judgement not  execute it be vain to sue execution and therefore time be give to all creditor  videlicet four month to come in and if they may be hinder to come in before  the four month it may be make a trick to cousin they videlicet a have  judgement b sue out a Commission compound c and take satisfaction get a  supersedeas a can not have execution case in chancery afterward other creditor  petition the Lord chancellor sir George jefferies baron of Wem to take off the  supersedeas and to renew the Commission which be much oppose by Mr Backwell  heir to the alderman who have after the supersedeas grant and grant at the  suit of all the creditor who petition at first for the Commission compound and  agree with the say first petitioner and now the that of November the  attorneygeneral Pemberton holt sergeant Mr finch and other argue very earnest  against the grant of the Commission saint because alderman Backwell against  who the Commission be first grant be dead and be not in his life declare a  bankrupt dly because by the death of the king the Commission be determine as  all other commission be and if the stat James have not provide otherwise the  commissioner can not have proceed after the death of the bankrupt though they  have act or deal in the Commission before the death of the bankrupt but the  statute provide for that case but do not provide in case of abatement of the  Commission by the king death with who all commission die also and they argue  much that by the word in the statute videlicet deal in be mean a proceed by  the commissioner as holt say till distribution as other say till the party be  declare bankrupt Lord chancellor I be no friend to the Commission of bankrupt  it have occasion much hurt and instance in a case late before he wherein the  charge and expense of the commissioner and their attendance come to pound and  the distribution to the creditor S in the pound each commissioner claim S per  Diem S half a day c but as to this case I do renew the Commission for the  agreement of the person who first petition for the Commission can prejudice  any other creditor that do or may come in and contribute yea though there  shall be but one such creditor for the petition for the Commission be express  in behalf of themselves and all other creditor and the Commission be so grant  and can be case in chancery otherwise so as the petitioner for the Commission  be no more concern than other or any other that shall come in and the statute  that give continuance to the Commission when the bankrupt die make it all one  as if the bankrupt die not for though he be dead yet as to this purpose he be  still live Lord chancellor to Pemberton suppose Backwell be live and the king  dead may not the commissioner proceed or grant a new Commission Pemberton yea  a new Commission chancellor yes and proceed where the other leave and their  proceed as effectual as the former or any act of commissioner if it be but  receive money for contribution as they do of some of the new petitioner be a  deal within the word of the statute and in fine he grant the Commission note  the supersedeas be grant within the time the statute give to creditor who do  not petition to contribute and they be now by Act of court disable may not  they after renew case in chancery er p case in chancery case omit in the  former part OF case in chancery de boundary paschae year king car two in  cancellar