[ PRIVY COUNCIL.]

1927 Present: The Lord Chancellor, Lord Carson, and Lord Darling.

ARSECULERATNE v. PERERA.

Ordinance of Frauds and Perjuries-Agreement in writing to prospect for plumbago-Transfer of lease of mines-Proof of partnership-Action for account-Ordinance No. 7 of 1840, s. 22.

By an agreement in writing, which was not notarially executed, the plaintiff and the defendant agreed to prospect for plumbago in certain mines. The agreement provided, inter alia, " that the defendant should give over to the partnership his interest in a lease which he had taken from the owner of a mine; that the partners should contribute equally to the expenses incurred on the pits; and that they should be entitled to the profits and liable for the losses in equal shares." The mine was worked under the management of the plaintiff from the date of the agreement for a period of two years, when it was abandoned by mutual arrangement. The plaintiff sued the defendant for a dissolution of the partnership and an account.

Held, that the agreement was valid for the purpose of establishing the partnership, although it was void as an agreement to effect