10th January, 1807.

delivered the opinion of the whole court. That the evidence ought not to have been admitted. That the books of" scriveners are not admissible in like manner as the books of shopkeepers, &c.; and especially to prove what commissions were to be allowed for moneys received, &c. See 1 vol. 105, Lamb v. Hart’s adm’rs. 1 Dall. 238. 1 Binn. 234.

New trial granted.