RIVIERE NON NAVIGABLE.—COURS D'EAU

Privy Councoir, February 18th 1841.

On appeal from the Court of Appeals of Lower Canada.

Present : Lord BRoUGHAM, Mr Baron PARKE, Mr Justice BosANQUET and the Right Hon. Dr LUSHINGTON.

AUGUSTIN (GADIOUX ST-LOUIS and PIERRE BENJAMIN DuMOULIN, appellants, «nd ANTOINE GADIOUX ST-Louts, FREDERIC BETTEZ and Dame MARIE Gapioux STr-Louis, his wife, ANTOINE GADIOUX ST-LouIs, and JOSEPHTE

Gapioux ST-Louts, respondents.

Held : The rights of the seigneur, in Lower Canada, to the water of an unnavigable river flowing through his fief does not entitle one of several coscigneurs to divert the waters for his exclusive use, which had been accustomed for elev®n years to supply the mills of another of his coæigneurs.

The question at issue in this appeal respected the right to the use of the river Yamachiche, a river not navigable, in the district of Three-Rivers, in the province of Lower Canada. By the laws of Lower Canada, the seigneur of a fief is the proprietor of rivers not navigable, as far as they flow through the seigniory. Appellant, Pierre Benjamin Dumoulin, was one of the coseigneurs of the fief Gros-Bois, through which the river flows. Respondents were also coseigneurs of the fief. In the year 1820, respondents, Gadioux St-Louis, erected a grist-mill, and, in the year 1821, he also erected a carding and fulling mill, near the grist-mill, upon his own land,

of such appeal, and more than two years and seven months after the date of the judgment appealed from to Your Majesty in Council ; that by the 31st section of the act of the Provincial Legislature of Lower Canada, it is enacted, ‘‘ That &e.” ; that William Wilson, not having filed in the Court of Appeals such certificate as is required by the 31st section of the act, within the 15 calendar months thereby limited, it was ordered by the Court of Appeals, on or about the 19th of november, 1831, upon the application of petitioner that the appeal should no longer operate as a stay of execution, and that petitioner, who obtained judgment in the Court of Appeals, should sue out execution as if no such appeal had been made or allowed, and that the record be remitted to the court below with costs ; that the record was, in pursuance of the order, remitted to the court of King's Bench, for the purpose of execution being sued out on the judgment of the Court of Appeals, pursuant to the 31st section of the said act of the Provincial Legis lature of Lower Canada ; that William Wilson did not lodge his petition and appeal to Your Majesty in Council, or obtain or apply for further time for prosecuting his appeal, until the 24th of March, 1832, being four months after petitioner had obtained the order of the 19th day of November, 1831, when the William Wilson lodged à petition and appeal from the judgment of

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