WARREN VS. BOSCOWITZ ET AL. 313 



under the impression it would stand over until these things were set- 

 tled — the schooners, hulls, and outfit. 



" Q. And cargoes'? — A. Yes; I put in claims for the whole thing. 



"Q. Including the cargo? — A. Including the cargo." 



Court in session December 16th, 1890. 



Joseph Boscowitz (commencing on page 143 of the record), in an 

 swer to the question, "What was done in 1885°?" testiiied: 



" Attorney-General (to witness). In 1885 and 1886 the schooners 

 went out? 



"A. The reason that the charter was started in 1886 was for this pur- 

 pose: I held the mortgages on the schooners, and no one could take 

 them from me. I had put in about $10,000.00 or $50,000.00, and I could 

 not afford to let these schooners go to sea and come back with a cargo 

 and have it seized by his creditors. I took the precaution of charter- 

 ing these schooners, and that continued right down to the — he was in 

 the same position in 1886 as in 1887, and I was not going to allow his 

 creditors to come and seize my property. That was the reason of the 

 charter — the beginning of it — and it was with his consent." 



I certify that the foregoing extracts from the evidence before the 

 supreme court of British Columbia in the cases of Warren vs. Boscowitz 

 and Cooper ; of Warren vs. Boscowitz et al., by original action, and Bos- 

 cowitz vs. Warren et als., by counterclaim, at different dates from June 

 4th, 1889, to December 16th, 1890, are true copies of said evidence now 

 in the hands of the registrar of the supreme court of British Columbia, 

 so far as the said extracts pretend to quote said records. 



In witness whereof I have set my hand and affixed the seal of the 

 consulate at Victoria, B. C, this 23rd day of November, A. D. 1892. 



[seal.] Levi W. Myers. 



EXTRACTS FROM THE "CASE ON APPEAL" IN THE CASE OF 

 WARREN ET ALIOS vs. BOSCOWITZ ET ALIOS. 



Statement of defence of J. Boscowitz (pp. 6, 7). 



1. During all the times mentioned in the statement of claim, and con- 

 tinually since, and now and during all the times mentioned in the state- 

 ment of defence, the plaintiff was and still is the wife of one James 

 Douglas Warren, of the city of Victoria, master mariner. 



2. That the said steam vessel, the Barbara Boscowitz, was constructed 

 by the said J. D. Warren, and by him registered in the name of J. A. 

 Say ward, who held the said vessel only as a trustee for the said J. D. 

 Warren, and the said vessel was mortgaged to the defendant, Bosco- 

 witz, to secure $30,000 and interest moneys advanced by the defendant, 

 Boscowitz, towards the construction and otherwise on account of the 

 vessel. 



3. That besides the said sum of $30,000 so secured by the said mort- 

 gage upon the said steamer Barbara Boscowitz, there was at the time 

 of the offer by auction, hereinafter mentioned, a large sum of money 

 due from the said James D. Warren to the defendant, J. Boscowitz, 

 which moneys, together with the said sum of $30,000, amounts to 

 $64,503.05, and which said sum of money was also secured by a judg- 



