atkins see prefatory note case Twiss v massey march the that a commission of  bankrupt be a action and execution in the first instance separate creditor may  come under a joint commission and prove their debt if a bankrupt have a  certificate under a joint commission it discharge he from all debt separate as  well as joint a father and son join in trade and have a commission of bankrupt  award against they joint the bill be bring by a plaintiff suggest that he be a  separate creditor for the sum demand by the bill the defendant plead his  certificate and that the debt accrue before he come bankrupt the question be  how far separate creditor be affect by or can act under a joint commission of  bankrupt and Mr brown for the defendant cite ex part crowder vern where  separate creditor be allow to come in under a joint commission but the joint  effect be first to be apply to pay the partnership debt and then the separate  debt and as to the separate effect first the separate creditor and afterward  the partnership creditor be to be pay out of the same and therefore the  plaintiff may have prove his debt under the commission objection that it be  not affirm in the plea that the certificate be sign by four give in number and  value atkins er p necessary in this court though it may be so at law for it be  to be presume here till the contrary be prove as the plea see forth that the  certificate have be allow by Lord chancellor Lord chancellor as to the  objection of its be a joint commission that be no objection for it affect  joint and separate estate because it be never take out but where both be  bankrupt a commission of bankrupt be a action and execution in the first  instance suppose a action against two partner and judgement separate estate be  liable to satisfy that judgement so in case of bankrupt separate creditor may  come in under that commission as well as joint creditor see ex part Sandon  post as this court marshal demand and security so joint creditor as they give  credit to the joint estate have first their demand on the joint estate and  separate creditor as they give credit to the separate estate have first their  demand on the separate estate the joint commission therefore discharge they  from all their debt express by the act of parliament which do not mention  joint or separate debt so horsey case p W ex part Yale note a ibidem wicks v  strahan stram but if the bankrupt have since the certificate make a new  promise that deserve consideration and entitle the plaintiff to a discovery  and the therefore his lordship order that the plea stand for a answer Reg lib  of fol b