case wellington versus mackintosh may one partner bring a bill against another  to discover and be relieve against fraud c the defendant plead a agreement  that in case any difference shall arise between they it be to be refer and  that the matter in the plaintiff bill relate only to the partnership and yet  have never be submit to arbitration nor have he ever propose a reference  though the defendant offer and be always ready to do it Lord Hardwicke  disallow the plea for as it be a bill to discover and be relieve against fraud  the arbitrator can examine on oath which by the agreement they shall have have  a power of do this come on before the Lord chancellor on the defendant plea  that the plaintiff and he on the that of November execute article of  copartnership by which they covenant to become joint trader as blackwellhall  factor for eight year and agree in case any difference shall arise relate to  their business or of any covenant in the article it shall be refer and aver  that all matter in the plaintiff bill relate only to the partnership and that  they have never be submit to arbitration nor do the plaintiff ever propose a  reference or nominate any person to be a arbitrator though the defendant offer  and be always ready to submit all matter to arbitration and demand judgement  if he shall further answer atkins Lord chancellor the plea ought to be  disallow in this case but in halfhide v Fenning bro Charles Rep such a plea be  allow however Lord hardwicke determination in this case have be since full  establish by the case of Michael v Harris easter term bro Charles Rep S c and  Satterlei v Robinson in the exchequer that December vide etian kill v  Hollister will and yet I will not have it understand that such a agreement may  not be make in such kind of article and plead but such a clause shall have in  it a power give to the arbitrator to examine the party as well as witness upon  oath the master of the roll in halfhide v Fenning bro Charles Rep observe that  the opinion here attribute to Lord Hardwicke must be misreport as the party  can not give the arbitrator a power to examine on oath but this bill be to  discover and be relieve against fraud imposition and concealment for which the  arbitrator can not examine the party on oath person may certain have make such  a agreement as will have oust this court of jurisdiction but the plea here go  both to the discovery and relief and if I be to allow the plea as to relief  can not as to the discovery and then the court too must admit a discovery in  order to assist the arbitrator which be not proper for the dignity of the  court to do