Section 13
Facts relevant when right or custom is in question
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, claimed, modified, recognized, asserted or denied or which was inconsistent with its existence;
Act 56
(b)
particular instances in which the right or custom was claimed, recognized or exercised or in which its exercise was disputed, asserted or departed from.
The question is whether A has a right to a fishery. A document conferring the fishery on A’s ancestors, a pledge of the fishery by A’s father, a subsequent grant of the fishery by A’s father irreconcilable with the pledge, particular instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.