atkins case ex part burton October the that Stevens former a trader in holland  fail there upon which there be a cespound will do you much good he come to  England and be appoint a governor abroad he apply to the petitioner to be his  security to the company and to advance he a sum of money who agree to it  provide Stevens will give he a bind that shall comprise the remainder of a old  debt due before the cespound will do you much good as well as the further sum  advance which be do accord Stevens become a bankrupt and the commissioner  doubt if Burton ought to be admit a creditor for the whole money he now  petition for that purpose Lord chancellor on the circumstance of the ease of  opinion he be entitle to be admit a creditor for the whole money upon his bind  the petitioner be a bind creditor for fifteen hundred pound of Stevens the  bankrupt who have live former in holland and exercise a tradeathere but fail  upon which there be a cespound will do you much good Stevens come afterward to  England and have interest enough to be appoint a governor of a settlement  abroad belong to the African company and apply to the petitioner to be his  security to the company and to advance he a sum of money to equip he proper in  his office the petitioner agree to do it but insist as he run a risk of  forfeit the security to the company on stevens misbehaviour that the bind  shall comprise the remainder of the old debt as well as the further sum  advance which be do accord Stevens become a bankrupt here and a commission be  take out against he the commissioner on the application of Burton to be admit  a creditor for the whole money on the bind be doubIful whether he be so  entitle refuse to admit he and he now petition for that purpose Lord  chancellor the question be whether this be such a real debt as to entitle the  petitioner to come in among the rest of the creditor under the commission of  bankruptcy against Stevens and that will depend upon another question whether  the composition in holland be a absolute discharge of the bankrupt and if it  be whether there be still a sufficient consideration for this bind for if it  be not a absolute discharge in holland no question can arise a man indebt to  several person become a bankrupt in holland where there be the same proceed  upon a insolvency as on a cespound will do you much good among the Roman the  question be whether this proceed be a discharge of his effect as well as of  his person for if it be it will be a absolute discharge of this debt upon what  appear before I I do not take it to be the law of holland that it be a  absolute discharge of the effect as well as of his person it certain be not so  even by the law of England till the statute of the Ann which be temporary at  first and never intend to be a perpetual law but be make in consideration of  two long war which have be very detrimental to trader and render they  incapable atkins er p of pay their creditor but I much question whether it be  so by the law of any other country except England the exempt his atkins wear  apparel or tool of his trade be lef to the discretion of the Roman Prtor but  be not a bind law upon he there as it be here can it then be doubt that if the  bankrupt give a new security that his effect be all liable suppose by our law  under the insolvent act the debtor deliver up his all as the statute require  which be the cespound will do you much good of the Roman and the justice of  peace discharge his person and he afterward give a bind for the residue of the  old debt will not this be bind upon he notwithstanding his be clear under the  insolvent act in the present case I think may rest here without go any further  but suppose by the law of holland his person and effect be actual discharge I  be very far from be clear whether a bind give as this be for the residue of a  debt will not make his effect liable to answer it for if a bankrupt after his  discharge get future effect in point of justice and conscience he ought to  make good the deficiency though no court of equity or praetor will do it for  the creditor here be a man want a security to the African company for his  exercise a office of governor in one of their settlement and likewise a sum of  money be it not very reasonable for the petitioner upon such a application to  say if I do this you shall give I a bind for the residue of my old debt since  run a risk of forfeit g to the company if you misbehave I be of opinion on  such a case so circumstance that the petitioner be entitle to be admit a  creditor for the whole money upon his bind and lie no stress upon the word  composition in the determination in holland for it be a disposition make by  the judge and not a voluntary composition by the bankrupt if a bankrupt apply  to a old creditor after a discharge by certificate to lend he a new sum of  money to carry on his trade or to become a security for any office I be  incline to think that this ought to be a good consideration for his give bind  for the remainder of the old debt and that he ought to be admit a creditor for  the whole debt under the second commission but I will not be bind down by this  opinion though as I be at present advice I think it will be so see Spurret v  spiller ante note the next day Lord chancellor say he have look into voet on  the pandect under the head of cespound will do you much good tom lib title who  lie down the law of holland exact as the digest do in such case that it be no  discharge of effect but only of the person some few trifle as wear apparel c  except