case ex part WILLIAMAISON who pray his certificate may be allow and a cross  petition for creditor who oppose it march the that ves pl SC the bankrupt act  be not adopt in Ireland where a person carry on a trade in one kingdom belong  to the crown of great Britain and come over to another a commission may be  take out by a creditor in the place where he then happen to be as he h as  trade to this kingdom and contract debt here Lord chancellor when this matter  come before I at a former hear I postpone the certificate from the dislike I  have to trader live in Ireland come over here and obtain a commission by way  of collusion against themselves in order to get clear of all their creditor  and therefore I have give a great latitude and a length of time more than  usual in order to allow a opportunity for Irish creditor if there be any to  send over affidavit and proper authority to prove debt under the commission  for as they have not they have now by stat pound g c of the Irish act adopt  the bankrupt act in Ireland I be Willing they shall have full time to apprise  themselves of the nature of those act and send over proper affidavit of their  debt No application have be make to supersede the commission and even if there  have be one it will have fail because if a person carry on a trade in one  kingdom belong to the crown of great Britain and come over to another a  commission may be take out by a creditor in the place where the bankrupt then  happen to be as he have trade to this kingdom and contract debt here there be  several instance of this kind where person belong to the plantation abroad and  which be their sole place of residence yet happen to be in England have have  commission of bankrupt take out against they here bird v Sedgwick salk  dodsworth v Anderson raym Alexander v Vaughan Cowper ex part smith in canc  December that cite ibidem I must be determine by the act of parliament in  allow the certificate of a bankrupt certificate be matter of judgement and I  do not know that a mandamus will lie to compel a allowance for it be  discretionary in commissioner first and afterward in the Lord chancellor and  yet it ought not to be arbitrary either in the commissioner or the chancellor  to say we will or will not allow a certificate but they ought to be govern  entire by fairness or fraudulent behaviour in the bankrupt then one question  will be whether Williamson have be guilty of fraudulent concealment to the  prejudice of his creditor and another question whether the petitioner be  person qualify to be creditor under this commission and to assent or dissent  to the bankrupt certificate my principal objection when the matter of the  certificate come first before I be the great haste that have appear in atkins  sign the certificate in less than three month after the commission issue which  I think too precipitate as he be a trader in Ireland and may be presume to  have large debt stand out against he there and it appear also upon the face of  his examination that the great part of his book be then in Ireland so that he  have not make such a full disclosure or discovery as to entitle he to his  certificate the objection to the unfairness of the account be now clear up for  consider the largeness of the petition creditor demand be no less than pound  it be much more accurate make up from the bankrupt book than be usual in  bankruptcy for very frequent the want of correct keep book be the occasion of  a person bankruptcy and it be a common say in holland if a man fail not that  he be a bankrupt but that he keep his book ill if there have be creditor in  Ireland who have complain they have no opportunity of come in it will likewise  have have weight but there be no complaint ef that sort and from August to  this time no such creditor have appear the last question be whether the  present petitioner be qualify to object to and oppose the certificate of the  bankrupt their first order to prove their debt be as long ago as the d of  August and the certificate be stay in the mean time and also the dividend not  one of the petitioner but sharp make a affidavit of a debt at the time of the  application for the other have not verify their debt upon affidavit and atkins  er p therefore as they do not lie a foundation for it can not make a order  that they shall go before the commissioner to prove their debt but I purposely  stay the certificate to give they time to make out their debt in proof sharp  when he come before the commissioner only claim and although he call himself a  judgement creditor do not so much as produce a copy of the judgement on which  he have the bankrupt in execution and if he have it will not have do unless he  have likewise by oath verify his debt nor ought he to have be admit a creditor  even then unless he will have discharge he from the execution for he must not  come under the commission and prosecute the bankrupt at law likewise No other  of the petitioner have so much as claim before the commissioner and unless a  person prove or show a reasonable ground for a claim they be not within the  rule for assent or dissent ex part Johnson ante I can lock up certificate for  ever and deprive a man of his liberty which the law have give he after a f  fill time have be allow for inquiry and a full time also for creditor come  from Ireland or send affidavit over see ex part Fidel ante nothing fraudulent  cony out upon the inquiry and no debt have be prove in a year and a half time  atkins therefore the certificate must be allow and order accord n b it have be  object by the petitioner counsel that the allow the certificate will preclude  they from proceed against the bankrupt surety in the several security now in  their hand and therefore there ought to be a save to they of their right  notwithstanding the certificate be allow Lord chancellor say there be no  occasion for such a restriction for the allow the certificate of the bankrupt  will not discharge his surety