Lord Moulton:-

The appellants in the present appeal are David and Alexander Maclaren, the plaintiffs in the original litigation, and the respondent is the Attorney-General of the Province of Quebec, who intervened in the suit under circumstances hereinafter mentioned, and, who, since such intervention, has substantially carried on the litigation on behalf of the Government of the Province. To make clear the points in dispute it will be necessary to set out somewhat in detail the facts of the case and the history of the litigation.

The river Galineau is a river of considerable size but irregular bed, flowing into the river Ottawa on its north bank. Starting from the river Ottawa and proceeding up the river Gatineau one passes through the township of Hull, and then through the township of Wakefield. North of the township of Wakefield the river Gatineau has on its left or eastern bank the township of Denholm and on its right or western bank the township of Low. The documents creating these townships are Letters Patent issued by the Crown, in whom, of course, the property in the soil was originally vested, and such documents specify and define the boundaries of these townships.

By Letters Patent, dated 26th November, 1860, a portion of the township of Low, known as lot 39 of range 2 of that township, was granted to Caleb Brooks, and subsequently by Letters Patent dated 8th April, 1865, another portion, known as lot 38 of range 2 of that township, was also granted to him. Both these lots lie along the right bank of the river. By divers mesne assignments, the validity of which is not questioned, the plaintiffs have become the owners of seventeen acres of lot 39, and about four acres of lot 38, these portions being so situated that they may, for the purposes of this case, be taken to include so much of the lands comprised in lots 38 and 39 as lies along the river.

By Letters Patent, dated 24th March, 1891, the west half of a portion of the township of Denholm, known as lot 38 of range 1 of that township, was granted to William Brooks. The land so granted (which lies along the left bank of the river Gatineau) was, by a deed of sale, dated 4th May, 1894, sold by the said William Brooks to the plaintiffs. The validity of these transactions is not questioned, It is not disputed, therefore, that the plaintiffs are the owners of lands on both sides of the river Gatineau, lying opposite to each other and so situated that, if the plots comprised in the grants are riparian lands, and if the ordinary presumptions of English law hold good, they would carry with them the ownership of the bed of the river lying between them. Whether these lands are riparian and whether these presumptions do hold good in the case of the river Gatineau are the two questions to be decided in the present case.

But these questions are raised in a very peculiar way, which necessitates the statement of certain further facts.

On 7th December, 1899, S. N. Parent, Commissioner of Lands, Forests, and Fisheries of the Province of Quebec, on behalf of the Government of that Province, sold to Edwin and Willian Hanson, the defendants in the Court below,

''the water lot and water power situate on the river Gatineau comprising all that portion of the bed of that river, covered by the 'Paugan Falls and Rapids', and the island and rock situate at the front thereof, and lying in front of lots 38, 39 and 40 of the second range of the township of Low, and of lots 38, 39 and 40 of the township of Denholm."

It is not disputed that this grant covers portions of the bed of the river Gatineau which would belong to the appellants if the two questions above mentioned are answered in their favour.

The litigation was commenced by the plaintiffs, who set up a title to these portions of the bed of the river based on the conveyance to them of the adjoining lands, and alleged that the defendants, Edwin and William Hanson (the above-mentioned purchasers from the Crown), had illegally, improperly, and witho