Blackstone brown v chapman action on the case lie for sue out a malicious  commission of bankruptcy notwithstanding the specific remedy in the bankrupt  law SC burr error from the common plea this be a action on the case for  malicious sung out a commission of bankruptcy on not guilty plead verdict for  the plaintiff defendant move in arrest of judgement that the action do not lie  but the court of common plea overrule the objection and give judgement and now  Hewitt sergeant argue that this action do not lie because there be a specific  remedy point out by the statute relative to bankrupt that by statute Ann c  sect a bind for shall be give by the petition creditor which shall be assign  to the party injure if the commission be malicious sue out and the statute Geo  c and Geo c S enact that the court of chancery may examine into the same and  order satisfaction and if necessary may direct the bind to be assign that the  penalty be insert in a subsequent Act be the same as if it have be in the  first statute concern bankrupt in Henry all be one system and the last Act  shall enure as if all the old one be thereby repeal and reenact and for this  he cite cro James Plowd Rep carter I Ventr Lord Mansfield CJ this case be too  clear to hear any argument on the other side there be no clause to take away  the jurisdiction of the commonlaw Do clause that a man shall not receive more  damage than what become of the subject from the that of Henry to the that of Q  whether if he have no other remedy than arise from this specific provision  judgement affirm m l see the provision of the last bankrupt Act g c S m  chapman v Pickersgill will and ex part lane Ves j ace Lord Hardwicke c say it  be in the breast of the court of chancery where the bankruptcy be a doubtful  case and the commission supersede either to direct be enquiry before a master  of the damage sustain by the bankrupt or a quantum injure upon a issue at law  and after the damage be settle the court may for the better recovery thereof  order the bind to be assign but in that case the bind be assign without any  enquiry to assess the damage whereby the assignee will recover the whole  penalty ex parteGayter I atk and the Lord chancellor may either order a  specific sum by way of damage to be pay by the obligor or assign the bind and  enable the assignee to recover the whole penalty with such assignment be  conclusive evidence of fraud and malice smith v Broomhead TR the Lord  chancellor may to appropriate vigor ascertain the amount of the damage sustain  by the party grieve without any suit institute for that purpose or the  intervention of a jury and for the recovery thereof be be authorize to assign  the bind of the petition creditor whereby a remedy at law be give which will  bind his property if he find that the party grieve have be damnified it be  competent to he to assign the bind and he may upon further examination  ascertain whether the damage sustain amount to the whole or what part of the  penalty and the only purpose of such assignment be to give the party grieve a  legal lie for his damage on the obligor estate and it seem such a bind be not  within W c S for a jury to assess damage for the pover of assess damage be  specifical give to the Lord chancellor although he may assist his conscience  by direct other enquiry before the master or a issue at law Smithey v Edmonson  east see ex part rimene Ves j and Bonhams can Rep a see also wms sand a n and  Lord mansfield judgement in r v Robinson burr