Matamajaw Salmon Club – Appellant
Versus
Duchaine (Since Deceased) – Respondent
Viscount Haldane:-
This is an appeal from a judgment of the Supreme Court of Canada, which reversed (by a majority consisting of Anglin, J., Brodeur and Mignault, JJ.; Idington and Cassels, JJ., dissenting) a judgment of the Court of King's Bench of Quebec, affirming a judgment of the Superior Court.
The question to be decided relates to the title of the appellant club to the fishing rights in a stretch of the Matapedia River opposite to a certain piece of land on one of its banks, and to the bed of the river itself at that place. It is common ground that there is title of some sort to a right of fishing there. The appellants contend that this title is not only vested in them, but is a right in perpetuity. The respondents maintain that it has never amounted to more than a right personal to the individual who originally acquired it, and terminable with his life.
A further point was raised on behalf of the respondents, which was in substance that even if Lord Mount Stephen, the original holder, possessed and had conveyed a transmissible right, that right no longer subsisted in the appellants by reason of failure in renewing the registration of the deed by which it was originally conveye
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