
    Patterson Hartshorne and Ebenezer Large against James Campbell and Stephen Kingston.
    In a suit against tbe owners of a vessel for the misconduct of their captain, the opinion of a counsel taken on all the facts by the captain in the West Indies, was allowed to be read in evidence, as a fact.
    Case, against the defendants, as owners of the brigantine Mary, for the misconduct of Adam Caldwell, their captain.
    The plaintiffs in 1787, shipped a quantity of honey on board the brigantine, to be ^delivered at Dublin, and produced the captain’s bill of lading.
    The defendants shewed in evidence the protest of the captain made ~t St. Christopher’s, stating that the vessel met with heavy gales of wind in her passage, became very leaky, and lost her rudder; the captain’s petition to the commander in chief of that island, stating all the facts, and praying leave to repair the vessel, which was granted to him; a warrant to survey the ship, issued by the register of the admiralty, directed to- certain shipwrights and shipmasters, and their return of her being wholly unworthy of being repaired, , being in a most ruinous condition, and also the order of condemnation of the judge of the admiralty, directing her to be sold.
    The opinion of a Mr. Tucket, attorney general of St. Christopher’s, was taken by captain Caldwell, on a full statement of all the facts, advising him to sell the perishable articles of the cargo at public vendue, and was offered to be read in evidence, but * was opposed by the plaintiff’s counsel, who said his opinion was no evidence of the law maritime.
    Mr. Lewis, pro quer.
    
    Messrs. Tilghman and Heatly, pro def.
    
   per curiam.

But, The evidence is introduced to shew a fact, that the captain took every prudential step in his power before he proceeded to the sale of what remained of the cargo. His taking the advice of a person of character and skilled in the laws, before he actually sold the goods, is strong evidence of this, though unquestionably it is not conclusive as to the law.

The opinion was read without further opposition; and after some time a juror was withdrawn by consent, to adjust amicably the average loss.  