...or so claiming a debt under a. commission of bankrupt, shall be deemed an election by such creditor to take the benefit of such commission with respect to the debt so proved or claimed by him : Provided that such creditor shall not be liable to the payment to the bankrupt,...

...claiming a debt under a commission, by any creditor, shall be deemed an election by such creditor, tp take the benefit of such commission with respect to the debt so proved or claimed by him; provided always, that such creditor shall not be liable to the payment, to the bankrupt...

...without relinquishing the action or suit; and the proof or claim of a debt shall be deemed an election to take the benefit of such commission with respect to the debt proved or claimed. These last words may be considered a repeal of this section. See more cases upon...

...after payment that no proof ought to have >een made, I should think that they might recoverth? tor to take the benefit of such commission with respect to the debt so proved or claimed by him. Provided always that such creditor shall not be liable to the payment to the bankrupt...

...the common law. Lord ELLENBOROUGH, CJ If the act so meant, quod voluit non dixit. It seems to me that the act is introductory of a new state of things arising...benefit of such commission with respect to the debt [ SI ] so proved. " Election," here, imports that he renounces his other rights for the sake of that...

...and the statute says, now that he has proved under the commission, he shall be deemed to have elected to take the benefit of such commission with respect to the debt proved ; ie to come in pari passu with the rest of the creditors. The statute meant to take away the...

...claiming a debt under a commission, " by any creditor, shall be deemed an election by such credi" tor, to take the benefit of such commission with respect to " the debt so proved or claimed by him ; provided always, " that such creditor shall not be liable to the payment, to the...

...all benefit from the same; and that the proving or so claiming a debt, shall be deemed an election to take the benefit of such commission, with respect to the debt so proved or claimed by him ; but it is provided, that such creditor shall not be liable to the payment to the...

...sentence to say, that " the so proving or claiming a debt under the commission shall be deemed an election to take the benefit of such commission with respect to the debt so proved." Now the whole of this clause should be construed together, with reference to the law as it stood before...

...a debt under a commission of bankrupt by any creditor, shall be deemed an election by such creditor to take the benefit of such commission, with respect to the debt so proved or claimed by him; provided always, that such creditor shall not be liable to the payment to the bankrupt...