case ex part proudfoot march the that No second commission can be take out  before a bankrupt have his certificate under the first for till then nothing  can pass to the second at least of personal estate one Jackson become a  bankrupt in and assignee be choose under the commission upon jackson raise  forty pound to defray the expense of the commission and a hundred pound more  to be divide among his creditor four part in five of they in number and value  sign his certificate but the commissioner refuse to sign it upon which the  creditor return the money to Jackson again and nothing further be do under  that commission Jackson after this set up a different trade in a different  part of the town and be large indebt a second commission be take out against  he in and assignee be choose under it and his certificate sign and allow by  Lord chancellor before the certificate be sign a advertisement by order of the  assignee under the first commission be put into the gazette for jackson  creditor to meet the new assignee to give their assent or dissent to the  certificate and letter be also write to the creditor under the first  commission to appear at this meeting great number of they come and do all  assent to the certificate and at the same meeting by agreement the sum of  pound be pay to the assignee under the first commission to defray the charge  thereof by the assignee of the latter the present petition be present by two  of the creditor under the first commission to supersede the second Lord  chancellor the first question whether the second commission can have any  effect and if it ought to be supersede the second question whether the  agreement make in this case will preclude the court from supersede it as to  the first question I be of opinion that if this case stand clear of the  agreement the second will have issue irregular and I shall without scruple  have set it aside and atkins the certificate likewise because when assignee be  choose under a first commission all the estate and effect of the bankrupt be  vest in they and he be incapable of carry on any trade and all his future  personal estate be affect by the assignment and every new acquisition will  vest in the assignee ex part Simpson ante cook b law in margin Martin v ohara  Cowp ex part Hardcastle cook b law but as to future real estate there must be  a new bargain and sale the bankrupt be incapable of act and therefore no  second commission can be take out before he have his certificate under the  first for till then nothing can pass under the second at least of personal  estate consequent the certificate here can have no operation at all and I be  of opinion it will have be void at law there may have be instance where second  commission have be take out when former commission have be desert and the  assignee perhaps and the commissioner dead and this innocent and may have pass  sub silence but be by no mean a rule to govern the court the second question  be whether the act do by the assignee under the commission will give a  sanction to the certificate the second commission be take out four year after  the first the certificate sign three year ago and allow by I two year and  three quarter nothing clandestine appear but a advertisement have be put into  the gazette as usual for creditor assent or dissent to the certificate and be  plain intend that the creditor under the first commission shall meet because  the advertisement be put in by the assignee under the first the two assignee  under the first and several of the creditor meet accord and accept of pound  towards the charge of the first commission and the expense of a lawsuit and in  consideration of this sum the assignee of the first atkins er p commission  withdraw their petition which be file before this meeting for supersede the  second commission I be of opinion therefore on the circumstance of this case  that I can set asideathe second commission because it will be a great  prejudice and injustice to those person who have give Jackson credit ever  since his certificate be confirm which be no less than two year and three  quarter ago though the act of parliament relate to bankrupt do only direct the  assignee to advertise a meeting of creditor in relation to commence sulk and  for particular purpose yet the assignee be very much to be command for  advertise meeting upon any other extraordinary occasion that concern the  creditor because where they be numerous there be no way so good to collect the  whole body together the present be a strong case than usual for the assignee  be trustee for all the creditor and if they have act improper the person who  prefer this petition may have their remedy against they at law for a breach of  trust atkins upon the whole after all that have be transact between the  assignee under the first and the creditor under the second commission in  relation to the certificate and after the bankrupt have be once more enable to  trade and gain a new credit by my confirm his certificate I shall do very  wrong if I set asideathe second commission under all these circumstance and  therefore the petition must be dismiss