Respublica v. Clarkson

1 Yeates 46

Opinion

See 1 Atk. 82, where Lord Hardwicke observes, “Certifi- “ cates are matters of judgment, and I do not know that a “mandamus would lie to compel an allowance; for it is dis-‘1 cretionary in the commissioners first, and afterwards in the “Lord Chancellor; and yet it ought not to be arbitrary either ¿¿a-1 “in the ^commissioners or the Chancellor to say, we J “will, or we will not, allow a certificate; but they “ought to be governed entirely by fairness or fraudulent “behaviour in the bankrupt.”