Facts relevant when right or custom is in question.

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..... in question. 11. Where the question is as to the existence of any right or custom, the following facts are relevant (a) any transaction by which the right or custom in question was created, .....

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..... of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which .....

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