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PARKER v. WELLS [1787]

I BROWN.

Case 2.—John Dewye Parker,—Plaintiff; John Wells, Defendant (in Error) [15th March 1787].

["Traders" and "non-traders" were made alike liable to bankruptcy by the Bankruptcy Act 1861 (24 and 25 Vict. c. 134); and by the Bankruptcy Act 1883 (46 and 47 Vict. c. 52), the acts of bankruptcy enumerated in it are made applicable to all debtors, whether traders or non-traders. The distinction between the two classes is preserved however under the Act of 1883, as regards (i.) the order and disposition clause (s. 44, subs. (2) (iii.)), and (ii.) failure of a debtor to keep proper accounts (s. 8, Act of 1890, (2), (3), (a), (b); and Act of 1883, s. 126, and the Married Woman's Property Act 1882 (45 and 46 Vict. c. 75), s. 1, subs. (5).]

A farmer converting part of his land into brick earth, and making bricks for sale, is a trader within the intent and meaning of the bankrupt laws.

In Hilary vacation 1783, an action of trespass was brought in the Court of Common Pleas by John Dewye Parker, esq. the plaintiff in error, against John Wells, the defendant in error, for certain goods, etc. belonging to him which had been taken by the defendant in error. The action was commenced for the purpose of trying the validity of a commission of bankruptcy which had issued against him, and under which commission the defendant in error had acted as messenger, and justified the trespasses complained of. The cause came on to be tried on Thursday the 29th of January 1784, at the sittings in term, when the jury found a special verdict; setting forth,

That the said John Dewye Parker, long before, and until, and at the time of his absconding after-mentioned, was the occupier of a certain farm, containing, among other things, 800 acres of land and upwards, with the appurtenances, situate in the parish of Croydon, in the county of Surry, as tenant thereof, for a term of years not yet expired, unto the Archbishop of Canterbury, for the time being, by

to: and it was ordered and decreed, that the defendants should pay to the plaintiff what should be found due from them, or any of them, on the balance of the said accounts respectively; but the making of the conveyances and assurances, before directed to be made by the defendants to the plaintiff, was not to be delayed by reason of the said account directed to be taken. And as to the said marriage articles, and the other indenture of the 13th of June 1729, it was ordered and decreed, that in respect of the plaintiff, and the other creditors of the said John Ward, the same should be set aside, as to all the uses, trusts, covenants, and clauses therein contained, except as to the said annuity or rent-charge of £400 per ann. agreed to be settled on the defendant Elizabeth for her jointure, after her husband's death; and the said sum of £6000 thereby agreed to be provided for the portions of the children of the marriage, and the maintenances of such children, not exceeding the interest of their said portions; and the Master was to take care, that out of the estates before directed to be conveyed and assigned to the plaintiff, or a sufficient part thereof, a proper and sufficient security should be made to the defendant Elizabeth, or to trustees for her benefit, to be approved by the Master, for the said annuity or rent-charge of £400 per ann. to commence from and after the death of the said defendant Knox Ward, her husband; and also a proper and sufficient security to such trustees, for the said sum of £6000 and such maintenance as aforesaid. And it was ordered and decreed, that the said annuity or rent-charge of £400 per ann. and the said sum of £6000 and maintenances, should be settled and secured in such manner, upon such trusts, and subject to such conditions, powers, and contingencies, as were agreed upon by the said marriage articles. And it was further ordered, that the defendant Knox Ward should pay to the plaintiff his costs, both at law and in equity, to this time, to be taxed by the Master; and the consideration of subsequent costs, and all further directions were reserved until after the Master should have made his report.

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