case MAYHOE against archer a person who rend a farm of l a year plant part of  the land with potato for sale buy of several person potato at several time and  place for several year to the amount of ayear and sell they again for the  purpose of gain his live be a trader within the meaning of the bankrupt law S  c stram in a special verdict the case be thus the jury find that Richard  Baxter rend a farm for which he pay three hundred pound ayear that he plant  potato on part of the land which he farm that he buy great quantity of potato  to utter and sell again for profit and that for several year pass he have deal  with several person in potato at several time and place have employ warehouse  where he put in potato have serve several market therewith and have sell great  quantity thereof for profit and for his live c upon this special verdict there  be two point raise first whether the jury have find enough to make Baxter a  trader within any of the statute make against bankrupt second whether a farmer  who sell potato though be buy several other great quantity thereof and get his  live thereby be within any of the say act modern report as to the first point  it be argue that the jury have find enough to make Baxter a trader within the  statute of bankruptcy for though farmer or innkeeper quatenus such be not  within those statute yet as trader they be and here though the jury have find  that Baxter be a farmer yet they likewise find that he be a trader in potato  which he buy and sell and there be a case adjudge in this very point if a  farmer buy and sell butter and cheese he shall be account a trader cro car a  if such a trader fail to pay his debt he be a bankrupt and by this mean be be  a criminal and therefore the law shall be construe against he very strict in  favour of his creditor if a man have several trade whereof one be within and  another not within the statute yet he shall be account a trader so as to make  he a bankrupt and so shall a lawyer deal in coal and the deal more in one  commodity than in another do not alter the case for no man except the trader  himself can tell in what commodity he most deal therefore that trade which be  the most visible mean of his livelihood be to be regard now in the principal  case it be apparent that by deal in potato Baxter get credit and probable of  several person who do not know that he rend a farm but if he do not yet there  be sufficient word in this verdict to make he a trader it be find that he sell  several great quantity of potato c second point there be many great  hopmerchants in England who have hopyards of their own but yet shall be  account trader so as to subject they to the statute of bankruptcy this trade  of deal in potato though he be likewise a farmer may be compare to the case  where if the plaintiff libel for tithe of faggotwood and the defendant suggest  for a prohibition that no tithe ought to be pay for oakfaggots the plaintiff  in his prayer for a consultation may show that the defendant have so sort the  faggot that it be impossible for he to take the tithe of the one without the  other Buckkurst v Newnton cro Elizabeth b modern report er p it be argue on  the other side that this case as find by this verdict be not within the  intention of any of the statute of bankruptcy because it be not find that  Baxter get his livelihood by the buy and sell of potato for if be buy some and  have some of the growth of the land which he rend he be not a trader within  any modern report of those statute for a farmer who buy and sell cattle be  adjudge no trader so as to make he a bankrupt nor a innkeeper who lie in malt  and corn neither shall a farmer who deal in turnip be account a trader the  court be divide no judgement be give two of the judge seem to be of opinion  that where a man buy great quantity of wool or bops though he have a farm and  sheep of his own and several bopgardens be shall be account a trader in those  commodity and so shall a innkeeper if he turn cornchandler it be true the jury  have not find that Baxter get the chief part of his livelihood by buy and sell  potato but it be not the quantity which be material if it be in proportion to  other good which he buy and sell for if a man have a orchard and buy several  quantity of fruit of other people though not so many as he have in his own  orchard yet this shall make he a trader and consequent subject he to the  statute of bankruptcy the other two judge be of a contrary opinion videlicet  that here be not enough find by this verdict to make Baxter a bankrupt for a  farmer be no trader within any of the act beforementioned quatenus a farmer  and though be use another trade yet if that be not the principal mean of his  livelihood be be not a trader within those statute it be true if buy and sell  in any trade be the chief mean of his livelihood then he be a trader within  the act of bankruptcy but that be matter to be give in evidence and find by  the jury which be not do in this case therefore they hold that this be a  insufficient verdict because the jury do not find that Baxter by buy and sell  potato get the chief part of his livelihood or that it exceed his farm trade  for all that the statute require be that trade shall be the chief matter to  make he a bankrupt see Newton v trigg Mod sanderson v roll burr Buscall v Hogg  will Patman v Vaughan term Rep Bartholomew v Shergood term Rep ex part  Harrison brown c r Watkins v cadell cook b l Parker v well brown c r term Rep  cook bank law d edit to a afterward in Trinity term the counsel for the  plaintiff find the judge differ in opinion move for a venire facias de to make  new or that the court will give leave to mend this special verdict upon the  affidavit of one of the witness at the trial that Baxter buy potato several  year to the value of five hundred pound ayear thereupon a rule be make for the  other side to modern report show cause why the verdict shall not be amend the  cause which they show be that though this witness have swear the same thing at  the trial yet it be without precedent to have a verdict which be a record to  be amend by such a affidavit for though it be the same which be give in  evidence before yet the jury do not believe it or probable there may be other  evidence at the trial to disprove it but the court be of opinion that a  special verdict may be amend by note take by the clerk at the trial or on  proof of the certainty of what be then give in evidence and the same be rule  accord upon payment of cost in Michaelmas term in the nine year of George the  first after the amendment the court hold he a trader say there be now no  difficulty and give judgement for the plaintiff without argument note this  case be between two creditor of the bankrupt for the statute James c give no  precedency between the creditor of a bankrupt though the debt be due to some  upon recognizance or judgement or other specialty and to other upon simple  contract for it be enact by that statute that in the distribution of the  bankrupt estate no more respect shall he have to the debt upon judgement and  specialty c than to other debt modern report er p