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Lord MACNAGHrEN. Lord Morris Lord Hannen. [Delivered by Lord Ilannen.] The subject matter of these appeals is a tract of country on the northern shore of the Gulf of the St. Lawrence, extending from Cape Cormorant to the Strait of Belle Isle, a distance of more than -400 miles, with a depth of six miles. — 2 — The Labrador Company is in possession of this territory. The ttorney Geneiai for tlio Province of Qnebec, on behalf of Her [ajesty, seeks to recover it from the Company, wlio claim title » tlie whole of the land in question under a Grant alleged to ave been made in 1001 to one Frangois Bissot by « the Com- any of New France, » deriving its powers from I he Crown of ranee. The Labrador Company also claimed a title by pres- riplion and immemorial possession. In answer to this claim the .ttorney General denies that the alleged Gjvant of 1601 gave a itle to the land in question, or that a title by prescription can '6 acquired against the Crown. He also alleges that the Gran t Bissot was revoked by the French Crown and abandoned by Jissoi's successors in title. The Company further rely on certain illeged acts of recognition by the Crown, which they contend )recludc the Crown from setting up the said revocation and ibandonment of the Grant, or from denying its validity. The judgment of the Superior Court affirmed the title of the >own to the larger portion t(about 250 miles) of Die tract in lispute, leaving the Company in possession of the rest. The 'iver Agwanus or Gognish was taken as the dividing line, the Grown recovering all I hat lies to the east of that river, and the Company keeping all tliat lies to the west. Both parties appealed from the judgment, and the Court of Queen's Bench dismissed both appeals. The basis of the Company's claim is the alleged Grant of the 25th February IGCl. It is necessary therefore, in the first place, to examine the nature and extent of this Grant. In 1627 a Com- pany, called the Company of New France (or of the Cent Asso- cies) was formed, to which the King of France conceded the pays dc la Nouvclle France, including the land in question, « en II toute proprirtc, justice cl sei{jneiirie,nwilhihe right to distribute the lands (Record, p. 67). The rights of this Company were '5 r- k ■ i. ! #1 V^ .^# ! subsequently surrendered to the King, and by him ceded to a fresh Company, called « the Company of the « West Indies;)) but, in 1601, while the Company of New France retained its original powers, it made, on the ^Slh February of that year, a Grant to Frangois Bissot, under whom the Labrador Company claim as successors in title. This Grant is no longer in existence, the original document, as well as the copy supplied to Bissot, having been destroyed by fire. Before Iheir destruction, however, Francois Bissot, on the 1 1th February 1608, made an aveu or declaration, to the Company of the West Indies, the successors of the Company of New Franco, setting forth the Grant made to him by the last-named Company in 1001. This aveu has been preserved, and it has been treated throughout these proceedings as con- taining a correct statement of the original Grant. This aveu is in the following terms (Record, p. 84) : — « Francois Bissot, Sr. de la Riviere, lequel avouc el declare tenir de nos Seigneurs risk aux (Eiifs, siluee au dessous de Tadoussac, vers les Montpellhs, du coste du Nord, quarante lieues ou environ dud. Tadoussac, avec le droit et /acultr de chasse el d'elablir en lerre fei'me aux endroils qu'il trouvera plus commodes, la pesche sedenlaire des loitps marins, bctleines, marsouins,el les autres necjo- ces, depuis la dite Isle aux (Eufs jasqu^aux Sept Isles et dans la Grande Anse, vers les Esquimaux ov les Espagnols font ordinaire- ment la pesche, avec les bois et terrcs necessaires pour (aire le dit ctablisscment. Le tout a luy appartenant par fUre de concession en date du vingt cinq Fcvricr mil six cent soixante et un, signe par extrait des deliberations de la Compagnie de la Nouvelle France, A, Chefault, a la charge de pager par chacun an, deux castors d'hyner^ ou dix livres lournois au receveur de la dite Compagnie, et les droits accoutumes pour la traitc « la communoutc de ce pays, au bas duquel litre est rcrit Dubois Danaugour, ratiffiv le don que dessus _4 — de laquelle (lite declaration il nous a requis acte el a signe. Ainsi signe, Bissot, avec paraphe. it Sur quay, oil y Ic procweur fiscal, nous avons accorde acte au dit sieur Dissot de son dil uvcu ct declaration, et iceley condamnd payer la dile redevance, lant pour le passe que pour ladvcnir, sui- vant et conformement au dil litre dc concession, sans ncantmoins que le dit acte puisse clre tire a consequence n'y prejudice, remet- tant au Itoy ou a la Compagnie de (aire valoir le dit litre ou point. Mandons, dc. Donne par nous Louis Theandre Chartier, Escuyer, Seigneur de Lotbiniere, Conseillcr du Roy, lieulenant-Gcneral Civil et Criminel^ a Quebec, les assizes tenant le onzi'cmc jour de Fevrier mil six cent soixante-huit. » It is not disputed that this concession gave to Bissot the sei- gneurie of the Isle aux (Eufs, situated some distance to the west of Cape Cormorant, tiie western boundary of the land now in question. The contest arises on the passage commencing : « Avec le droit et facultc de chasse, &c. » For the Crown it is contended thai the effect of the Grant is to give the seigneurie of the Isle aux (Eufs, with the accessory right of hunting, &c., on the mainland within certain limits, the extent of vvhicli will be considered later. The Company, on the other hand, contend that this Grant gave a seigneurie, not only in the Isle aux OEufs, but in the territory on the mainland within the defined limits. Their Lordships are of opinion that this contenlion of the Company is wholly untenable. They agree on this point with the opinion expressed by all the Judges in the Courts below, that the rights to be exercised on the mainland are only accessory to the seigneurie of the island. They consist in the permission (not to take possession of a defined district on the mainland, I but) to establish at such places as may be most convenient, fixed stations for llu> capture of seals, &c., with the privilege of taUinj,' ihc timber and land necessary for the establishment of such stations. This last-mentioned provision elfectnally excludes the idea that the whole land was conceded to Hissot in fee, in which case it would have been superfluous to give him the right to take the wood and land necessary for the stations. Fur- ther, the res'jrvation of an annualpayment of two beaver skins for the right to hunt and fish is stated by the Chief Justice Sir A. A. Dorion, in the judgment of himself and his colleagues, to be inconsistent with the hypothesis thrtl a fief on the mainland was granted, and this appears also to have been the opinion of Mr Justice Routhier, and it has not been controverted before this Board. One fact remains to be noticed, tending strongly to negative the Company's contention that a seigneurie on the mainland was conceded by the Grant of 1601. That document contains no limitation inland of the supposed flef. It might therefore as well have been made the basis of a claim to the whole territory northwards forming part of La Nouoelle France, as to the land for six miles inland. A license to make stations for fishing and hunting, and trading with the natives in an unsettled country might naturally bo given without fixing its limits inland, but it cannot be supposed that a flef would be created without some indication of what its boundaries were to be. This leads to the consideration of the question, over what extent of territory on the mainland is the right of establishing stations for fishing, kc, conceded ? It is thus defined : Dcpuis « la ditc hie aux (Huifs jusgu'avx Sept Isles, et dans la Grande « Ansc, vers les Esquimaux oi'i les Espagnols font ordinairement la « pesche, » that is, « from the said Isle aux (Eufs up to the Seven « Islands, and in the great cove in the direction of the Esqui- ! — G — « maux where Iho Spaniards us\ially flsli. » In Kii^'lisli thuro can be no doubt this muans that the flshiii;: slatioiis may bo established in thu land bolwccn ihf Iste aux Oluifs and Iho Seven Islands, and also in the Gniiiilc Aiisc. IL has, hovvevor, been contended thai the proper coustrnction of the French is diU'e- rent, and that the force of the word ujusf/ue » is carried on to the word « dans, » and that the passa}j[e has tiie same meaning as if it had run njuaqiCau.v Scpl Isles et just/ up lUiiis la (irandr Ansi'. « No authority for this construction has been given, and all the Judges of the Court below, whose ntotlun- tongue is French, agree that the right of establishing a station in I he Grande Anse is distinct from the right to make stations u[» to the Sept Isles. Mr. Justice Routhier says (Record, p. 7IJ0) : u ccs rieniiers mots It comprenaienl4ls toule la trrrr ferme depuis Ics Sept Isles justju'd (( la Grande Anse ? Je nc le crois pas, car autremenl, on aurait fixe (t felendue de la concession depuis Chic aux (Mil fs jus a ue dans la Grande Anse. n And Chief Justice Dorion thus paraphrases the Grand (Record, p. 7G4) : « Que la concession clail de Vlsle aux (Eufs « en seifjneurie, et dc plus le droit de fair des elablisscments de « peche et de chasse sur la cole Nurd jusqu'au Sept Isles, puis dans « la Grande Anse vers les Esquimaux. » Their Lordships have no doubt that this is the correct interpretation of the grant, and that it conceded to Bissot no seigneurie on the mainland, but only a right to make establishments for fishing and hunting up to Sept Isles and also in the Grande Anse. Where that Grande Anse was situated will be considered hereafter. It may be convenient at this point to refer, in order of date, to a map of 1678, which has been relied on as showing that a sei- gneurie on the mainland was recognized as belonging to Bissot. This map is described as one « pour servir a Veclaircissement du « papier terrier dc la Nouvclle France, n and was dedicated to the Minister Colbert by the Intendaut Duchesneau. Upon this map is printed (I Se/'i/neuriV du Sieur Bissot, » stretching along the i ' *1 the original Grant of 1G6I, explained that his father had made his first establishment at Mingan, where the family residence was formed, but that he had made many others at diffeient places, which, after they had been destroyed by the English, had been from time to lime reestablished. He stated that the limits of the Royal domain had been fixed by Hocqnart at Cormorant Point, and he prayed that he might be continued in the remainder of his concession from that point a down the « river to the conceded « lands » (by which appears to be meant, conceded to other persons), and the exclnsive privilege of con- tinuing there his establishments, and others if possible, for the hunting of seals, with the rights of hunting and trading with the savages as he and his lale father had enjoyed for 70 years. The result of a correspondence which followed between the Gomte de Maurepas and the Marquis de Beauharnois, the Go- vernor of la Nouvrllc France, and the Infendant Hocqnart, was that the Comte de Maurepas stated, in a letter to MM. de Beau- harnois and Hocqnart (Record, p. 208), that the circumstances of the case would have determined him to propose to the King to confirm the heirs of Bissot in the possession of a part of the coast conceded by the Grant of 1061, and to fix their condition ; but that, having regard to the existing circumstances of the family, and the discussions which such a confirmation might give rise to, he had taken the course recommended by MM. de Beauharnois and Hocquarl, to suspend all determination on the subject, and that he liad only induced the King to agree that the heirs (of Bissol) should enjoy such extent of coast as they (Beauharnois and Hocquarti had designated in their letter, from the boundary of Tadoussac down the river to the concession of the Sieur Lafontaive, with such depth as they (Beauharnois and Hocqnart) should think right to fi.\ ; and he concluded with a request that they weald consider whether it would be convenient to leave them this extent of territory, or whether it would not 13 — V a be r sioi lo reduce it for the purpose of locating other ounces- I It does not iijipear tlial these suggestions of M. de Maurepas were ever coramuuicated to the heirs of Fiissot. No new title was ever granti'd to them. This letter imports no engagement oil the part of the Crown to give one ; it eontains only the expres- sion of a possible ii;tention to do so if, upon the examination of this matter by MM. Heauharnois and Hocquart, it should be thought expedient. No further action on the subject is shown. No boundary iulaiul was ever fixed. All that can be inferred is that the I'eiiresenlalives of Hissot continued to carry on their stations for fishing. I've , at Miiigan as before. Their Lordships, therefore, are of opinion that the' judgment of Hocquart and the action of the French Crown upon it did not create or recognize any title in the heirs of Bissot to a seigneurie on the mainland. Nothing between the date of M. do Maurepas' letter, down to the cession of Canada to England in 17G3, calls for observation. In 1 TOO the representatives of Fran(;ois Bissot laid before the British Govenmient a claim to be proprietors of the lerrc ftrme de Mingan, commonly called n the seigneurie and post of Mingan. » In support of their claim Lhey do not appear to have furnished evidence of the contents of the Grantof lOCI, but they relied on an (I Arte de Nolorictc. « signed by several citizens and notables of Quebec, iwo of whom, at least, were parlies interested, to prove an immemoi-ial possession of the seigneurie of the main- land of Ming.-in by the heirs of MM. F. Bissot and Lewis Jolyet This claim was referred to the Law Ofhcers of the Grown in England, who, in the year 1768, reported upon it. After observ- ing iRecord, p. 316) that « the claim is of an exclusive right of « property in the soil containing originally, in extent along the '< north shore of ttie River St. Lawrence from the Isle of Eggs to • the Bay Phellipeaux which appears to be about 500 miles, and 14 — « in depth into Lhu country withoLil bounds or limitation, » but of which a space of about 30 leagues from Egg Ishmd to Gape Cormorant was acknovvlodged to have been surrendered, the Law OflTicers comment on the uncertainly of the grant as well as of possession, and they conclude, « Under these circumstances, « we are of opinion that this claim, standing as it does at present « upon these papers, could not in any judicial inquiry be allowed (I in point of law as valid and effectual ; at the same time there •( is reason to think that some part of this family has been in II some kind of legitimate and authorized possession of some (I particular parts of the shore within the limits described, but « the ground, the nature, and extent of such possession does not « appear at present in such authentic manner as to be capable « of receiving any judicial couhrmation. » In 1781 the claimants appear to have endeavoured to supply the want of proof thus pointed out. On the 28th May in that year (Record, p. 355) F. J. Cugnet, on behalf of himself and others named, claiming to be seigneurs and proprie'.oro in undivided shares of the seigneurial fiefs of the isles and islets of Miugan, of the isle of Anticosty, and of the terre fcrme de Mimjan, is alleged to have presented an Act of foi el kommage in respect of the said fiefs and seigneuries. A document of this dale and to this effect is found in the register oi foi et hornmaye, and it states that the ((Seifiueurie de la tcrre fcrme de Mingan,\> commencing at Gape Cormorant. « ju.sgu'a la grande Ance vers les Esquimaux ou « les Espagnols faisaient ordinairemeiU la pcche sur deux lieux de re was a seigneurie of the isles and islets of Mingari which may have been intended. The answer to this contention is that the proper name of this last-named seignenrie was that of « the isles and islets of Mingan, » and that there is no trace of evidence that it has been on any occasion otherwise designated, or that it has ever been known as the Seigneurie de Mingnan. An examination of the Act further proves that a seignenrie on the mainland was contemplated. The original Act provides for the appointment of Commis- sioners (Sec. 2), to whom (Sec. 4) the Governor shall assign the seignenrie or seigneuries in and for which each of them shall act, and whose duty it shall be (Sec. 5) « to value the several « rights., with regard to each seigniory which shall be « assigned to him as aforesaid.)) By virtue of these provisions Henry Judah. one of the Com- missioners, had assigned to him the making of the cadastre, and the valuation of the rights of ihe seignenrie of Mingan, and he has discharged his duties specifically with regard to the « seigneurie of the term ferme de Mingan, » while on the other hand no mention has been made of the seigneurie of the isles and islets of Mingan. Before beginning to pix'pare the schedule for any seigneurie it was the duty (Sec. 7 of the Act of 1854) of the Commissioner to give public notice of the place, day, and hour at which he • — 19 — would beyiii his inquiry ; he had power to examine on oath any person appoariny before him. Immediately al'ter the malting of the schedule the Commis- sioner was hound (Sec. 1 1 of the Act of 1854, and Sec. 5 of the Act of 185()) to give eight days public notice that such schedule would remain open for the inspection of the seignior and the censitaires of the seigniory during thirty days following the said notice. « and any person interested in the schedule may point « out in writing any error or omission therein, and require that « the same be corrected or supplied. » Provisions ai'e also made for the revision of the schedule, and it is enacted (Sec. 8 of the Act of 185G) that no revision shall be allowed, unless application be made for the same within fifteen days after the Connnissioner shall have given his decision uniler Sec. 11 of the Act of 1854 ; and by the lOih Sec. of the Act of 1855 it is enacted that « after n any schedule shall have been completed and deposited under « the said Act, it shall not be impeached, or its eflect impaired « for any informality, error, or defect in any prior proceeding a in relation to it, or in anything required by the said Act to be « done before it was so completed and deposited, but all such « prior proceedings and things shall be held to have been rightly « and formally had and done, unless tlie contrary expressly « appear on the face of such schedule ; and the same rule shall « apply to all proceedings of the Commissioners under the said « Act, so that no one of them, when completed, shall be impeached a or questioned for any imformality, error, or defect in any « previous proceeding, or in anything theretofore done or omitted « to be done by the Commissioners or any of them. » It was open, therefore, to the Government on the one hand, or the persons claiming to be proprietors of the seigneurie of the tern fcrme of Mingaii, to have complained in due time and in the manner prescribed, of any error in the schedule. As no — 20 — such complaint was mado, the schedule as deposited must be deemed to be correct. Now, by the schedule drawn up by Henry Judali (dated the 23rd January 18(14) it is certified that the « seiynevrir de Miivjan « ou dc tnrc fervw de Miiujaa » is scheduled in the country and district of Saguenay, and is not conceded ; it contains fifty leagues of frontage by two leagues of depth, extending from Cape Cormorant np to the river Goznish, forming an area of 705,i00 arpcnts, and is bounded in front by th(! river St. Law- rence, and along its deplh and two sides by the public domain This schedule, with the Act under which it was made, must now be deemed to have conclusively established the existence and boundaries of the Seiijncurie de Mingan referred to in the lOlh Section of the Act of 1856. Mr. Justice Routhier by an independent examination of the evidence has arrived at the conclusion, in which their Lordships entirely concur, that the territory in which the right to make establishments for fishing, c^c, was granted by the Concession of 1661, did not extend further eastward than the river (loznish, and that there is no foundation for the claim to extend it to Brador Bay in the strait of Belle Isle. Their Lordships concur with Mr. Justice Ronthier in thinking that the bay referred to in the Grant of 1661 as that where the Spaniards ordinarily fished was not that which is now called Brador Bay, but was, the one indicated as the Daye des Esparjnols on the map, presu- mably drawn up on the information of Sieur Jolyet, an expe- rienced navigator, and. one of the parties having an interest under the Concession of 1661. This bay exactly answers the description given in the Grant of 1670 to Laland and Jolyet of the seigniory of the isles and islets of Mingan, « which follow « one another to the bay called I'Anse aux Espagnols, and to the position assigned to it in the map of 1678, near the eastward end \i 21 — ; of those islands and near a place or river marked • Esquimaux, i It is, however, unnecessary to exp.niine this question in detail, as their Lordships are of opinion for the reasons already given, that the schedule drawn up by Mr. Judah is conclusive on the subject of boundary. Their Lordships will humbly advise Her Majesty that both appeals be dismissed, and that the Judgment of the Court of Queen's Bench be affirmed, and they direct that the parties pay their own costs of the appeals. ViVi