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Held (affirming judgment), that this was a good defence to the action, and that the statute transferring the harbour did not take away any existing exemption .
Subject_ Public Bodies — Negative Prescription — Public trustees appointed by statute to discharge public duties, may have their rights cut off by the negative prescription running on a primâ facie title, though no positive prescription is proved .
Subject_ Process — Expenses — If the result of an appeal is only such a variation of the interlocutor appealed against, as might have been obtained by application to the Court below, the appellant must pay costs . 1
See previous reports 11 D. 6, 181, 1464 ; 20 Sc. Jur. 542 ; 21 Sc. Jur. 35, 551 . S.C. 1 Macq. Ap. 317 : 24 Sc. Jur. 385 .
[ Lord Chancellor .—There was some proof that the respondent had a claim—thus, that he had put up to auction the dues of his harbour, which may go to presume a grant from the Crown. It may have been an imperfect title, but still there was some proof of one.]
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