316 OWNERSHIP OF CERTAIN SEALING VESSELS. 



said claims should be presented in the name and on behalf of the said 

 defendant Boscowitz, but the defendant James Douglas Warren, in 

 breach of the said agreement, presented the claim, in respect of the 

 seizure of all the said schooners except the Thornton, in the name and 

 on behalf of the defendant Thomas Henry Cooper, and as to the Thorn- 

 ton, the defendant James Douglas Warren presented the said claim, 

 and it still remains in his own name. 



ANSWER. 



The answer of the defendant (by counter-claim) James D. Warren 

 to the counter-claim of the defendant in the original action herein: 



1. In answer to x>aragraph one of defendant Boscowitz's amended 

 counter-claim in tins action, the defendant James D. Warren says that 

 the said Joseph Boscowitz did not charter from this defendant the 

 schooners Grace, Dolphin, Thornton, W. P. Sayward, Anna Beck, and 

 Rustler, as alleged, but says that the said schooners were so chartered 

 for the season of 1880 from one John W. Griffiths, at that time assignee 

 of the estate and effects of said James D. Warren. 



DECREE. 



The 23rd day of December, A. D. 1890. 

 The trial of the cause having proceeded before the Hon. Sir Matthew 

 Baillie Begbie, knight chief justice of this honorable court, without 

 a jury, on the 9th, 12th, 13th, loth, and 16th days of December, 1890, 

 in the presence of the Honorable Attorney-general as of counsel for the 

 said Joseph Boscowitz, and of Mr. Belyea and Mr. Helmcken as of 

 counsel for the other parties hereto, except Thomas Henry Cooper, who 

 did not appear, although duly notified, upon opening and debate of the 

 matter, upon reading the statements of claim and defense, and the cer- 

 ficate of the registrar of this honorable court, dated the 24th day ot 

 June, 1889, by which it appears that the matters raised by the said 

 Hannah Warren, in her statement of claim, have already been adjudged 

 and determined adversely to her, and that the matters remaining for 

 consideration are those matters raised by the counter-claim, and the 

 defense thereto by the defendants, Thomas H. Tye, Matthew T. John, 

 ston, and Arthur L. Belyea, dated the 29th day of May, 1889, the de- 

 fense to the said counter-claim of the defendant Thomas Henry Cooper, 

 dated the 28th day of May, 1889, the defense of the said James D. 

 Warren, dated the 12th day of July, 18S9, and the respective joinders 

 of issue of the said Joseph Boscowitz, to the several defenses of the 

 said Arthur L. Belyea, Matthew T. Johnston, and Thomas H. Tye, 

 Thomas Henry Cooper, and James Douglas Warren, upon reading the 

 several proceedings in the cause, including the order dated the 19 th day 

 of June, 1889, whereby, after hearing counsel for all the parties hereto, 

 it was ordered that all parties be restrained, until the further order of 

 this court, from receiving from the United States Government, the Can- 

 adian Government, or from any minister of either Government, or other 

 minister, officer, or person whomsoever, the whole or any part of the 

 sum of $203,000.00 (two hundred and three thousand dollars) or there- 

 abouts, or any moneys whatever which may come to be payable by the 

 United States Government in respect of the seizure or confiscation of the 

 schooners Thornton. Oraee, Dolphin, W. P. Sayward, and Anna Beck, 

 and any other property in the counter-claim mentioned, or from in any 



