314 OWNERSHIP OF CERTAIN SEALING VESSELS. 



merit of the supreme court of British Columbia, dated 17th December, 



1885, aud also by mortgages over a number of sealing schooners owned 

 by the said J. D. Warren. That on or about the 13th day of February, 



1886, the sum of $30,000, besides an arrear of interest and some other 

 moneys remaining due to the defendant, J, Boscowitz, under the secu- 

 rity of the said mortgage, the defendant, J. Boscowitz, offered the said 

 vessel, Barbara Boscowitz, for sale at public auction at the city of Vic- 

 toria, but there being no bidders, one R. S. Byrn, at the request of the 

 said defendant, bought the vessel in. The said defendant was an 

 American subject and could not hold the ship in his own name. 



4. At the time of the said auction offer the said James D. Warren was 

 the agent of the defendant, Joseph Boscowitz, and had managed large 

 sealing interests for the said defendant, the result of which had been to 

 considerably reduce the judgment debt owing by the said James D. 

 Warren to the defendant, aud for the purpose of holding the said vessel 

 as a security for moneys owing to the said defendant, it was pro- 

 posed by the said James D. Warren that the steamer should be regis- 

 tered in his wife's name, but on account of difficulty in registration the 

 defendant, Thomas H. Cooper, was sent for, and an account was then 

 struck between the said James D. Warren and the defendant, Joseph 

 Boscowitz, of the moneys remaining owing to the defendant upon his 

 said judgment, and otherwise to the defendant by the plaintiff on account 

 of their business relations, and the defendant being about to leave for 

 England, entrusting his affairs in British Columbia to the agency of 

 the said James D, Warren, it was arranged between the said James 

 D. Warren and the defendants, Boscowitz and Cooper, that all of the 

 vessels, including the said Barbara Boscoivitz, should be transferred to 

 the name of the said Thomas Henry Cooper, and upon the striking of 

 the said account of the dealings between the defendant, J. Boscowitz, 

 and the said James D. Warren, the sum of thirty-five thousand six hun- 

 dred and twenty-one dollars and twenty-six cents was found to be the 

 balance due from the said James I). Warren to the defendant, Joseph 

 Boscowitz. 



5. The said Thomas Henry Cooper then and there, at the request 

 and direction of the said James D. Warren, executed mortgages to se- 

 cure forty-one thousand dollars ($41,000), being the above balance of 

 $35,621.26 and a further sum of $5,378.74, then advanced in cash to the 

 said James 1). Warren. The mortgages so executed by the said James 

 D. Warren were upon the vessels and for the sums following, that is 

 to say: On the Barbara Boscowitz, $20,000; on the Grace, $6,000: on 

 the Dolphin, $6,000; on the Anna Beck, $5,000; on the Say ward, $2,500; 

 on the Bustler, $1,500; total, $41,000. 



6. The plaintiff took no part in the said transactions, and the same 

 were carried on solely by the said James D. Warren, and the said de- 

 fendant, T. H. Cooper, had no interest in the property except as a trus- 

 tee for the said James D. Warren. 



7. That since the date of the said mortgage of the said steamer 

 Barbara Boscowitz, the defendant, J. Boscowitz, has made advances 

 for repairs insurance, etc., amounting to $19,500, and has received in all 

 on account of the said steamer the sum of $11,900, and the interest 

 moneys which were owing to the defendant, Boscowitz, in respect of his 

 said mortgage to the 15th of January, 1889, was $4,263.15. The 

 steamer is entitled to a credit of $1,673 for insurance refunds, leaving 

 an actual balance due to the defendant, J. Boscowitz, upon the mort- 

 gage security of the said steamer Barbara Boscowitz, of $30,190.15. 

 Save as herein stated the defendant, Joseph Boscowitz, denies each and 



