p. 3526

same be corrected or supplied.” Provisions are also made for the revision of the schedule, and it is enacted (sect. 8 of the Act of 1856) that no revision shall be allowed, unless application be made for the same within fifteen days after the Commissioner shall have given his decision under sect. 11 of the Act of 1854 ; and by the 10th section of the Act of 1855 it is enacted that, “ after any schedule shall have been completed and deposited [125] under the said Act, it shall not be impeached, or its effect impaired for any informality, error, or defect in any prior proceeding 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 the 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 or questioned for any informality, 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 terre ferme of Mingan to have complained in due time and in the manner prescribed, of any error in the schedule. As no such complaint was made, the schedule as deposited must be deemed to be correct.
Now, by the schedule drawn up by Henry Judah (dated the 23rd of January, 1864), it is certified that the “ seigneurie de Mingan ou de terre ferme de Mingan ” 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 up to the River Goynish, forming an area of 705,400 arpents, and is bounded in front by the River St. Lawrence, and along its depth 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 Siegneurie de Mingan referred to in the 10th section of the Act of 1856.
Routhier, J., 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., was granted by the Concession of 1661, did not extend further eastward than the River Goynish, 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 [126] Routhier, J., 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 Baye des Espagnols on the map, presumably drawn up on the information of Sieur Jolyet, an experienced 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 1679 to Laland and Jolyet of the seigniory of the isles and islets of Mingan, “ which follow one another to the bay called l'Anse aux Espagnols,” and to the position assigned to it in the map of 1678, near the eastward end of

p. 3527

those islands and near a place or river marked " Esquimaux." It is, however, unnecessary to examine 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.

Solicitors for the company : Paine, Son, & Pollock.

Solicitors for the Queen : Bompas & Co.



No. 1338.
C

CONCESSION OF MONTAGAMIOU TO LAFONTAINE, 1 SEPTEMBER, 1733.



ARCHIVES DE LA PROVINCE DE QUEBEC. REGISTERS OF THE INTENDANTS, VOL. 7, FOLIO 37.

Charles Marquis de Beauharnois etc.
Gilles Hocquart etc.

Sur la requete a nous presentée par le sr. Delafontaine De Belcour tendante a ce qu'il nous plust luy accorder pendant 9 années a commencer de ce jourdhuy le privilege exclusif de faire des establissemts. pour la pêche sedentaire du loup marin a la coste du Nord, du fleuve St. Laurent a prendre depuis la Rivière Itamamion icelle comprise jusqu'a celle de Montagamion avec les droits de pêche chasse et traitte avec les sauvages dans lad. estendue, lequel establissement pouroit contribuer par sa réussite a laugmentation du


(Translation.)



Charles Marquis of Beauharnois etc.
Gilles Hocquart etc.

On the petition presented to us by the Sieur Delafontaine De Belcour praying that we would be pleased to grant him during nine years to begin from to-day the exclusive right to make establishments for the sedentary seal fishery at the North shore of the river St. Lawrence to begin from river Itamamion, including the river, as far as that of Montagamion with the right of fishing, hunting and trading with the Indians in the said extent, which said establishment might contribute by its success

p. 3528

commerce des huiles qui se fait en cette colonie se soumettant de payer a Sa Majesté quatre castors dhyver de redevance par chacun an po. le privilege exclusif qu'il demande, Nous ayant egard a lad. requeste, et voulant faciliter aud. sr. Delafontaine les moyens de réussir dans son entreprise avons en vertu du pouvoir a nous donné par Sa Majesté avons accordé et accordons aud. sr. Delafontaine le privilege exclusif qu'il demande dans l'estendue de terrain cy dessus enoncé, pour y faire lesd. establissements et ce pendant le temps et espace de neuf années a compter de ce jourdhuy a la charge par led. sr. Delafontaine d'establir lesd. pêches et de payer au Domaine de Sa Majesté quatre castors dhyver par chacun an au Receveur dud. Domaine et ce dans le cours du mois de septembre—Deffendons a toutes personnes de quelque qualité et condition qu'elles soient de troubler et inquietter led. sr. Delafontaine dans led. establissement sous quelque pretexte que ce soit ny d'en faire dans lad. estendue sous les peines a nous reservées Fait a Québec le premier septembre 1733, Signé Beauharnois et Hocquart.

Pour copie
HOCQUART


(Translation.)

to the development of oil trade which is going on in this colony, agreeing to pay to His Majesty a yearly rent (redevance) of four winter beavers for the exclusive privilege he asks for. In consideration of the said position, and so as to facilitate to the said Sieur Delafontaine the means to succeed in his undertaking, We, in virtue of the power entrusted to us by His Majesty, have granted and grant to the Sieur Delafontaine the exclusive privilege that he asks for in the above mentioned extent of land, to form there the said establishments and this for the time and period of nine years from and after this day, at the expense for the said Sieur Delafontaine to establish the said fisheries and to pay His Majesty's Domain four winter beavers each year to the “ Receveur ” of the said Domain, and this, in the course of the month of September—We forbid all persons of whatever qualifications and condition to disturb and annoy the said Sieur Delafontaine in the said Establishment under no pretext whatsoever neither to form any in the said extent subject to penalties by us provided for. Doue at Quebec on the first day of September 1733.
(Signed) Beauharnois and Hocquart.
For copy
HOCQUART.

[1927lab]



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