318 OWNERSHIP OF CERTAIN SEALING VESSELS. 



respect of the Rustler the sum of $2,805.06 (two thousand eight hundred 

 and five dollars and six cents), and finding that the said James Douglas 

 Warren was entitled to no credits as against the said Joseph Boscowitz 

 in respect of the Thornton and disallowing such claim; and upon hear- 

 ing read the evidence of the said James Douglas Warren, given before 

 me on the 13th day of February, 1889, in Chambers, the viva voce evi- 

 dence adduced and documents produced by the parties, respectively, at 

 the trial, together with all the accounts, books of account, and docu- 

 ments on file, and heretofore in the course of the litigation deposited in 

 court by the parties, and having, by request and consent of the parties, 

 had reference to the documents and exhibits contained in the printed 

 case upon appeal from the full court of the supreme court of British Co- 

 lumbia to the supreme court of Canada of Saunders & al. v. Boscowitz, a 

 copy of which is filed with the papers herein, his lordship was pleased to 

 direct that the cause should staud for judgment, and the cause coming on 

 for judgment this day in presence of the parties, by their counsel afore- 

 said, his lordship doth find that sometime before the month of March, 

 1886, the schooners Grace, Dolphin, Thornton, half of the W. P. Say ward, 

 the Anna Beck, and Bustler, were the property of the said James Douglas 

 Warren, subject to certain mortgages thereon in favor of the plaintiff, 

 Joseph Boscowitz, and that the said schooners (subject to the said 

 mortgages), having become the property of John Griffiths, by virtue of 

 an assignment for the benefit of creditors dated 18th clay of September, 

 A. D. 1885, were chartered from the said John Griffiths by the plaintiff 

 for the purpose of sealing, were fitted out by the plaintiff for the pur- 

 pose of sealing adventure, and were by the plaintiff sent to sea under 

 the management of the said James Douglas Warren, to whom the said 

 Joseph Boscowitz promised that, in consideration of the care and at- 

 tention of the said James Douglas Warren to the concerns of the plain- 

 tiff in respect of the said sealing adventure, that he, the said plaintiff, 

 would give to the said James Douglas Warren an amount equal to 

 one-half of the net profits of the adventure. 



That the schooner Thornton was, during the sealing season of 1886, 

 seized by the Government of the United States for an alleged infrac- 

 tion of international law, together the cargo of sealskins, but that the 

 other schooners returned in safety, and the said Joseph Boscowitz, in 

 pursuance of his promise, allowed the said James Douglas Warren in 

 account an amount equal to one-half of the profits of the adventure. 



And this court doth further find that the remaining vessels, that is to 

 say, the Grace, Dolphin, Anna Beclc, and the one-half of the W. P. Say- 

 ward, were offered fur sale and were sold by the said Joseph Boscowitz 

 in the month of October, 1886, under the power of sale in the mortgages, 

 to the defendant Thomas Henry Cooper, who purchased them as a 

 trustee for the said defendant James Douglas Warren, but had no 

 beneficial interest in the said vessels himself, and that the said Joseph 

 Boscowitz chartered or hired the said vessels, and also the schooner 

 Mary Taylor, from the said Thomas Henry Cooper, and in the year 1887 

 sent them upon a sealing voyage in charge of the defendant, James 

 Douglas Warren, and agreed to give to the said James Douglas Warren, 

 in consideration of his services in the premises, an amount equal to one- 

 half of the net profits of the adventure; and that the vessels Grace, 

 Dolphin, Anna Beclc, and W. P. Sayivard were, in that same year, 1887, 

 seized by the United States authorities, together with the cargoes of 

 seals on board, but the said Mary Taylor returned home with a cargo 

 of seals which were received and sold by the said Joseph Boscowitz. 



And this court doth declare and adjudge that for supplies and 



