556 APPENDIX TO BKITISH CASE. 



has not asserted that he did not know the law on this subject, as it 

 is established that he knew the law in relation to the restriction on 

 foreign fishing vessels. 



The provisions of the Customs Act of Canada on this subject are 

 riot essentially different from those of his own country. The cap- 

 tain and crew were ashore during the 5th and 6th of May, 1886. The 

 following provisions of the Customs Act of Canada apply : 



The master of every vessel coming: from any port or place out of Canada, or 

 coastwise, and entering any port in Canada, whether laden or in ballast, shall 

 go without delay when such vessels is anchored or moored, to the Custom House 

 for the port or place of entry where he arrives, and there make a report in 

 writing to the Collector or other proper officer, of the arrival and voyage of such 

 vessel, stating her name, country and tonnage, the port of registry, the name 

 of the master, the country of the owners, the number and the names of the 

 passengers, if any, the number of the crew, and whether the vessel is laden or 

 in ballast, and if laden, the marks and numbers of every package and parcel of 

 goods on board, and where the same was laden, and the particulars of any 

 goods stowed loose, and where and to whom consigned, and where any and 

 what goods, if any, have been laden or unladen, or bulk has been broken, dur- 

 ing the voyage, what part of the cargo, and the number and names of the pas- 

 sengers which are intended to be landed at that port, and what and whom at 

 any other port in Canada, and what part of the cargo, if any, is intended to be 

 exported in the same vessel, and what surplus stores remain on board, as far 

 as any of such particulars are or can be known to him. 46 V., c. 12, s. 25. 



The master shall at the time of making his report, if required by the Officer 

 of Customs, produce to him the bills of lading of the cargo, or true copies 

 thereof, and shall make and subscribe an affidavit referring to his report, and 

 declaring that all the statements made in the report are true, and shall further 

 answer all such questions concerning the vessel and cargo, and the crew and 

 the voyage, as are demanded of him by such officer, and shall, if required, 

 make the substance of any such answer part of his report. 40 V., c. 12, s. 28. 



If any goods are unladen from any vessel before such report is made, or if 

 the master fails to make such report, or makes an untrue report, or does not 

 truly answer the questions demanded of him, as provided in the next preceding 

 section, he shall incur a penalty of four hundred dolhrs, and the vessel may be 

 detained until such penalty is paid. 46 V., c. 12, s. 29. 



PROCEEDINGS FOLLOWING THE SEIZURE. 



These have been made the subject of a complaint by Mr. Phelps, 

 although the explanations which were given in the previous memo- 

 randum of the undersigned (in reference to the letters of Mr. Bayard 

 to Her Majesty's Minister at Washington) and in the report, on the 

 same subject, of the Minister of Marine and Fisheries, laid before his 

 Excellency the Governor General on the 14-th June, ultimo, coupled 

 with a disavowal by the Canadian Government of any intention that 

 the proceedings in such cases should be unnecessarily harsh or pursued 

 in a punitive spirit, might have been expected to be sufficient. After 

 the seizure was made, the Commander of the " Lansdowne " took 

 the " David J. Adams " across the Bay of Fundy to Saint John, a 

 distance of about forty miles. He appears to have had the impression 

 that, as his duties would not permit him to remain at Digby, the ves- 

 sel would not be secure from rescue, which has in several cases 

 occurred after the seizure of fishing vessels. He believed she would 

 be more secure in the harbour of Saint John, and that the legal pro- 

 ceedings, which in due course would follow, could be taken there. He 

 was immediately directed, however, to return with the vessel to 

 Digby, as it seemed more in order, and more in compliance with the 



