case ex part FYDELL January the d the certificate of a bankrupt be stay upon  the petition of a claimant under the commission who suggest fraud and  collusion between the bankrupt and his son at a meeting of the commissioner to  examine into this matter several new creditor come in and prove their debt but  as they do not join in a petition to set asideathe certificate as fraudulent  obtain the court will not delay the allowance thereof but leave the claimant  to bring a bill if he think proper four part in five of the petitioner  creditor in may sign the bankrupt certificate but Anthony Dansie and Joseph  Morson who have only claim a debt of pound under the commission petition some  time atkins in December last against the chancellor allow the certificate upon  suggestion that the bankrupt by collusion with his son have convey away a  estate of pound per and to the son without any consideration whereupon his  lordship on the d of December order that it shall be refer to the commissioner  to inquire into the conveyance make by the bankrupt to Richard Fydell his son  and the consideration thereof and likewise as to the sum of pound mened in the  affidavit of Anthony Dansie and Joseph Morson and the disposition thereof and  the bankrupt certificate for his discharge under the commission be by the say  order refer back to the say commissioner who be to certify the whole to the  court with all the circumstance relate thereto afterward the bankrupt and his  son be several examine before the commissioner concern the matter in the order  mention and answer the same to the satisfaction of the commissioner who by  their certificate date the that day of January certify to the court that they  have review the bankrupt certificate and that full four part in five in number  and value have sign the certificate the petitioner therefore pray that his  certificate may be allow and confirm Mr Fydell the petitioner son be a member  of parliament the meeting be put off till the middle of June and two day  before Joseph Morson die but at the meeting several other person come as  creditor who have not appear till then and prove debt of pound and upward  object by the representative of Morson that as he die but two day before the  meeting appoint by Lord chancellor former order there be no person who have  any authority to appear before the commissioner in support of the claim of  pound or to litigate the consideration of the bankrupt conveyance to the son  and that none of Joseph Morsons relation have any personal notice of this  meeting and that as there be several new creditor who have come in and prove  their debt the certificate already sign be void as there be not now four part  in five in number and value who have sign Lord chancellor upon look into the  statute of the that of the present king I be of opinion that every thing which  be necessary to make it a good certificate have be do in this case for the  commissioner be in the first place to certify that the bankrupt have in every  thing conform himself to the several direction require by the several act of  parliament relate to bankruptcy and be further to certify that four part in  five of the creditor in number and value who have duly prove their debt before  they under this commission have sign all which have be atkins er p do in this  case in the usual form so that there be no circumstance to distinguish it from  the common case if the new creditor who prove their debt at the last meeting  have join in a petition to set asideathis certificate as fraudulent obtain and  make out their suggestion it will have be a sufficient ground to set aside the  former certificate but as they have not do it and have acquiesce under it it  will be a great atkins hardship upon the bankrupt to delay he any long and  therefore I must allow his certificate see ex part Williamson post Ves S c but  at the same time I will not preclude the representative of Joseph Morson from  make a further inquiry by bill if they shall think proper into the  consideration of t be conveyance of pound per and to the son by the bankrupt  his father that if it shall turn out to be a fraudulent conveyance in order to  secret part of the father effect for his benefit the residue of the estate  after the mortgagee be satisfy may be apply for the creditor at large