Facts relevant when right or custom is in question.

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....m is 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 c....

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....s, a mortgage 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,....