IT was ruled in this case, I. that the defendant, a captain of a vessel, could not give in evidence his own protest for the purpose of shewing that he was compelled by stress of weather to throw over-board the goods, for the non delivery of which the action was brought.
II. That the plaintiff might declare on a special agreement to deliver goods, though a bill of lading was signed; which being without a stamp, could not be given in evidence,