brown versus chapman Tuesday that June S c black Rep action lie for malicious  sue forth a commission of bankruptcy will atk this be a writ of error from the  common plea bring upon a judgement for the plaintiff there in a action upon  the case for false and malicious sue out a commission of bankruptcy against he  to which the defendant plead the general issue and a verdict be find there and  judgement give for the plaintiff upon which judgement the defendant below  bring this writ of error Mr sergeant Hewitt for the plaintiff in error object  to the action and say it do not lie because the statute of bankruptcy have  provide a particular remedy and the thing itself bankruptcy do not exist at  commonlaw if a statute make a new offence and prescribe a particular remedy a  indictment will not lie cro James pl castle be case Plowd a straddle v Morgan  on h c the statute of Wales be consider as include a negative when there be a  burrow particular remedy give by Act of parliament in a particular case the  Act shall not be extend to overthrow and alter the commonlaw but in those  particular case Rep dr foster case and carter Cornwallis v hood the bankrupt  law be to be consider as one system of law or as one statute like those  concern lease of ecclesiastical person in Ventr baily v graymousecolored  Wallis v Hodson that January before Lord Hardwicke the bankrupt act be h c  Elizabeth c James c and James c Ann c the first material Act g c and g c which  be profess calculate to answer the very case of malicious sue out the  commission it begin and for prevent the take out commission of bankrupt  malicious be it enact c and direct a bind in the penalty of condition to prove  the bankruptcy which bind be make assignable to the party grieve who may sue  for the penalty and the parliament mean their provision to be a adequate  provision it will be unpolitic to make the sue out commission of bankruptcy  too dangerous Lord Mansfield there be no clause in that Act that take away the  commonlaw remedy nor that say that the party shall not recover more than  damage it can never be for the benefit of trade that a man shall be at liberty  to sue out commission of bankruptcy malicious Mr Ashurst contra be beginning  to speak but the court be so clear that without hear he they rule the  judgement to be affirm