KFLCC Kingdom Law 2nd Ed.

502

FISSURE VEIN

FIRST-CLASS

February 9, 1871, whose duties principally con cern the preservation and increase throughoul the country of fish suitable for food. Rev. St. § 4395 (U. S. Comp. St. 1901, p. 3001).— Fisl royal. These were the whale and the sturgeon, which, when thrown ashore or caught near th< coast of England, became the property of th« king by virtue of his prerogative and in recom pense for his protecting the shore from pirates and robbers. Brown; 1 Bl. Comm. 290. Ar nold v. Mundy, 6 N. J. Law, 86, 10 Am. Dec 356. A place prepared for catch ing fish with nets or hooks. This is com monly applied to the place of drawing a seine or net Hart v. Hill, 1 Whart. (Pa.) 131, 132. A right or liberty of taking fish; a species of incorporeal hereditament, anciently term ed "piscary," of which there are several kinds. 2 Bl. Comm. 34, 39; 3 Kent, Comm. 409-418; Arnold v. Mundy, 6 N. J. Law, 22, 10 Am. Dec. 356; Gould v. James, 6 Cow. (N. Y.) 376; Hart v. Hill, 1 Whart. (Pa.) 124, —Common fishery. A fishing ground where all persons have a right to take fish. Bennett v. Costar, 8 Taunt. 183; Albright v. Pari Com'n, 68 N. J. Law, 523, 53 Atl. 612. Not to be confounded with "common of fishery," as to which see COMMON, n.— Fishery laws. A series of statutes passed in England for the regulation of fishing, especially to prevent th« destruction of fish during the breeding season, and of small fish, spawn, etc., and the employ ment of improper modes of taking fish. 3 Steph. Comm. 165.— Free fishery. A fran chise in the hands of a subject, existing bv grant or prescription, distinct from 'an owner ship in the soil. It is an exclusive right, and applies to a public navigable river, without any right in the soil. 3 Kent, Comm. 410. Arnold v. Mundy, 6 N. .J. Law, 87, 10 Am. Dec. 356. See Albright v. Sussex County Lake & Park Com'n, 68 N. J. Law, 523, 53 Atl. 612; Brook haven v. Strong, 60 N. Y. 64.— Right of fish ery. The general and common right of the cit izens to take fish from public waters, such aa the sea, great lakes, etc. Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct. 548, 38 L. Ed. 331.- Several fishery. A fishery of which the own er is also the owner of the soil, or derives his right from the owner of the soil. 2 Bl. Comm. 39, 40; 1 Steph. Comm. 671, note. And see Freary v. Cooke, 14 Mass. 489; Brookhaven v. Strong, 60 N. Y. 64; Holford r. Bailey, 8 Q. B. 1018. FISHERY. FISHING BILL. A term descriptive of a bill in equity which seeks a discovery up on general, loose, and vague allegations. Story, Eq. PI. •§ 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263 i Hurricane Tel. Co. v. Mohler, 51 W. Va. 1, 41 S. E. 421; Carroll v. Carroll, 11 Barb. (N. Y.) 298. In Scotch law. The ftscus or flsc. The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell. In mining law. A vein or lode of mineralized matter filling d pre-existing fissure or crack in the earth'! crust extending across the strata and geo- FISK. FISSURE VEIN. FISHGARTHJ A dam or wear In a river for taking fish. Cowell.

FIRST-CLASS. Of the most superior or excellent grade or kind; belonging to the head or chief or numerically precedent of several classes into which the general sub ject is divided. —First-class mail-matter. In the postal laws. All mailable matter containing writing and all else that is sealed against inspection. —First-class misdemeanant. In English law. Under the prisons act (28 & 29 Vict. c. 126, § 67) prisoners in the county, city, and borough prisons convicted of misdemeanor, and not sentenced to hard labor, are divided into two classes, one of which is called the "first division;" and it is in the discretion of the court to order that such a prisoner be treated as a misdemeanant of the first division, usually called "first-class misdemeanant," and as such not to be deemed a criminal prisoner, t. e., a prisoner convicted of a crime. Bouvier.— First class title. A marketable title, shown by a clean record, or at least not depending on pre sumptions that must be overcome or facts that are uncertain. Vought v. Williams, 120 N. Y. 253, 24 N. E. 195, 8 L. B. A. 591, 17 Am. St. Rep. 634. FISCAL. Belonging to the fisc, or pub lic treasury. Relating to accounts or the management of revenue. — Fiscal agent. This term does not necessari ly mean depositary of the public funds, so as, by the simple use of it in a statute, without any directions in this respect, to make it the duty of the state treasurer to deposit with him any moneys in the treasury. State v. Dubuclet, 27 La. Ann. 29.— Fiscal officers. Those charged with the collection and distribution of public money, as, the money of a state, county, or municipal corporation. Rev. St. Mo. 1899, § 5333 (Ann. St. 1906, p. 2776).— Fiscal judge. A public officer named in the laws of the Rip uarians and some other Germanic peoples, ap parently the same as the "Graf," "reeve," "comes," or "count," and so called because charged with the collection of public revenues, either directly or by the imposition of fines. See Spelman, voc. "Grafio."— Fiscal year. In the administration of a state or govern ment or of a corporation, the fiscal year is a period of twelve months (not necessarily concur rent with the calendar year) with reference to which its appropriations are made and expen ditures authorized, and at the end of which its accounts are made up and the books balanced. See Moose v. State, 49 Ark. 499, 5 S. W. 885. The treas ury of the prince or emperor, as distinguished from "cerarium," which was the treasury of the state. Spelman. The treasury or property of the state, as distinguished from the private property of the sovereign. In English law. The king's treasury, as the repository of forfeited property. The treasury of a noble, or of any private person. Spelman. An animal which inhabits the wa ter, breathes by means of gills, swims by the aid of fins, and is oviparous. — Fish, commissioner. A public officer of the United States, created by act of congress of FISCUS. In Roman law. FISH. FISC. An Anglicized form of the Latin "fiscus," (which see.)