Star.
London, England, 1806-08-07 00:00:00

NATHAN V. SOLOMON.

In this cafe, likewife, the iolpeetion of certain honks
of account relative to the tranfaltions between the
Plaintiff and Defendant were claimed by the former.
Mr. RICOARDS gated, that his client had long been
engaged in partnetfhip with the Defendant an the
buying and felling diamonds. In the year 18oz, ad
number of jewels were pnrchafcd by the plaintiff at
Paris, on account of the partnerfhip, and, were con-
rived to the Defendant in London. Of thefe and
various other quantities no account had been ren-
dered by Mr. Solomon, and a bill in confequence
was filed ; This matter had been referred to the
Matter, and exceptions were taken to that Officer's
report. Far the elncidati, n i•t the pal tilerfhip, it be-
came necefrary for the Plaintiff to examine the bm.k.
which were kept, and the prefent applicatiJn wa,
made for that purple.
The Loan CHANCELLOR—" I ['Milli] be extremely
(ireful not to ditlurh the private affairs of mankind.,
The Court is not to put people to (Lich incanyznience
without necetTay."
Sir S. Rosser argued, that no partnerfh;p had
eser willed. and that there was not the leap fonnda•
run for the fuppofition. The Plaintiff had merely
Leen employed as the Defendant's agent. It was a
rflondmus propofition, that the pirate account books
of an individual, difelofing all his fecret tranfeelions,
and which he was in the conftant praCtice of ufing,
fhould be taken away from him. The only thing
which could lead to the (*kin's of parurerthip, was
the purchafe of a quantity of diamond. at Paris, of
which, f it remuneration, the Phontitf received Obe-
thir.-1 profit.
'I•I e LORD CHAIICYLLOR.—" It teems to he the
opt,flion. whether be is a partner in that tratilattion ?
Cher, cannot be many entries concerning that affair,•
I or all the diamonds in Pali., or any city in the world,
come in a very fmall canards in books."--

111.1011 ST 4.
The LORD CHANCILLOR ihil day finilbed Ma Let
Seal after term.
Mr. DAN ILL mnved for an injonaion, refraining
a tenant in cet Lain lands and meadow grounds, from
ploughing up the meadows By the leafs the tenant
was bound to pay a certain fiipulated rent, under cer-
taM conditions. But ii he broke up the meadow. a
thingwhich was prohibited bythe leak, he was bound
to pay an additional rent. The learned Cowrie con-
tended. that in every kale of the kind, where a pc-
'Pity was it fiiaed on the performance of a peel-
atl, the laying on of tuck penalty amoun.ed to
":nn. Of courfe the Court would naturally
the injunilka craved.

The LORD CHANCELLOR could not agree to an7l
fuck doctrine. lie could not conceive that there
any thing al:ifurd in fuppoling that an nr.tion might
have bccn granted. As, for jolt:ince, he might have
Aipulated for a rent et 51. per acre, in the event of
the meadow being allowed to remain in its 'hen flare,
and cf 51. additional per acre, if be fhould plough it
up. "I hat he could not figure to be a cafe in which
a Court of Equity was entitled to interfere, and deny
to the tenant his option.
Mr. WLA TH ERA:A. alluded to a decifion of the I
Houfe of Lords, in which a peculiar duCtrine on this
fubjed had been laid doa n as to ancient meadow
ground. 1
The 1ME.13 CHANCELLOR piked, if the land in
quellion wasof that de.criptinn ?
Mr. DA NIEL alluded to another cafe, but in which
he could not fay, whether there was not alto a forfei-
ture of the leA-e. Here, however, the penalty for
breaking up of the meadow amounted to 'col. per
acre, which he fubinitted, could be conceived in no
other light than as a prohibition.
The LORD CHANCELLOR agreed, that this was clear.
ly a Fen:4lly, intended, in the comer:Omit:it of par-
ties, at the time, to operate as a prohibition. Had
only a reafnnahle additional ten:, lo as to leave an
option in the tenant to adopt the one mode of culture
or the other, been (Updated, he thould have con-
ceived it a cafe in whicit the Court had no,right • to
interfere : as it war, houevt.r, the landlord was en-
titled to the injunetion.

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