atkins case ex part capot April the that a assignee upon refund what he have  receive under two dividend allow to make his election to proceed at law  against the bankrupt the old law consider bankrupt as fraudulent insolvent but  the more modern as unfortunate one and upon these statute have the application  be make to compel creditor who proceed in a double way to make their election  after a commission of bankruptcy issue and two dividend make in consequence  one of the assignee bring a action against the bankrupt and lie he in  execution for the residue of the debt and upon application to the Lord  chancellor three question be make by his lordship first if the creditor be  entitle to pursue the person of the bankrupt and yet receive a proportionable  benefit under the commission which he say he think be by no mean to be atkins  do as the law of bankrupt now stand the old law consider bankrupt as  fraudulent insolvent and they be often call offender ante Bromley v goodere  but the more modern law have consider they as unfortunate insolvent and upon  these statute these application have be make to the court which have oblige  creditor who be proceed in the double way to make their election the next  question be if he be now at liberty to make his election or whether he have  not make his election by take the dividend but upon refund what he have  receive as dividend his lordship give he leave to make his election the three  question be if he upon refund and elect to proceed against the person shall  have liberty to come in under the commission and prove his debt so as to  dissent from or assent to his certificate see the next case ex part Lindsey ex  part Dorvilliers ex part ware ante Lord chancellor say several such order be  make by Lord Talbot and accord such order be make in the present case and he  say the reason of the court for such order be to make the remedy against the  person effectual for otherwise the person may by the rest of the creditor be  absolute discharge from the remedy which this creditor have elect to take