Page:Black's Law Dictionary (Second Edition).djvu/510

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FIRST-CLASS

FIRST-CLASS. Of the most superior or excellent grade or kind: beionglng to the head or chief or numerically pi'eL-eilent of several classes into which the gcnerai sub- ject ls diiided.

—I‘irst-class mall-matter. In the postal laws. All mniiiible matter containing writing and all cise that is sealed against inspection. —Firsf.-class misdemeannut. In En,-zlish hu Under the prisons act (ZS & 29 Vict. c. 1"‘. U7) pi-isonci-s in the county. city, and boruugh prisons convicted of misdemeanor, and not scntcnced to hiird labor, are diiidcd into two \"lu:~é~eS. one of which is called the "first di\isioii;" and it is in the iliscretiou of the court to order that such :1 prisnncr he treated as Al E|1iSLit‘lJ]Qi\lll\llt of the first division, usually called "fll‘st—clnss niisdcnicanant." and as such not to be deemed a criminal prisoner, i‘. e.. a prisoner convicted of a crime. Huuvier.—-I‘irst- class title. A markcnible titie. shown by a clean i-ocord, or at icnst not depending on presuinptions lhiit must be overcame or facts that nrp uncertain. \"_ou;:ht v. Wiiiiams, 120 N. Y

2.13. 24 N. E. 19... 5 L IL A. 591, 17 Am. sci Itep. 034. FISC. An Anglicized form of the Latin

"fiscus." (which see.)

FISCAL. Belonging to the fisc, or pub- llc treasury. ltelritlng to accounts or the nianngeincnt of revenue.

—Fisca1 agent. This term does not necessari- l_i iuciin rlcposiuiry of the public funds. so as, by tho 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. 2D.—Fisoal officers. Those charged iiith the coiici-I.iun nnil distiiiiution of public money, as, the money of 2] suite, county. or mun‘-ipal CUl'[10l'i\tIOl:|. it Me. 194m, § ."i‘.’.2l.: (Ann. St. 1906. p. in) Fiscal judge. A public oliicer named in the iaws of the [tip- u2iri.iiis and some other Germiiiiic peupies. uppnrently the same as the "Gruf." “rccve," "-vinii-:2." nr "cmml." and so called because charged with the collection of public revenues, 1'll‘iJe1‘ directly or by the imposition of fines. Scc Spelnmn, voc. "Grafio."—Fisca1 year. In the administration of a state or governnmnt or of a corpor-ilion, the fiscai year is a period of twelve moiitlis (nnt necossiirily COI1Llll‘- rent with the calendar year) with reference to which its appropriations are made rind expenditures authurizcd, und at the end of which its accounts are made up and the hooks hfliz1lJ(‘N1. Sec \Ioose v. Slate. 49 Ark. 499. 5 S. W. 835


FISCU5. In Roman law. The treas- ury of the prince or el.l.l[)l-T01‘, as distinguished frnm "rm-at-iinn,” uhlch was the treasury of the state. Spelmsn.

The tieasiii-y or property of the state, as distinguished from the private property or the sovereign.

In English law. The king's treasury, as the i'epositui-_v of forfeited property.

The treasury of a noble, or of any private person. Spc-inin_n.

FISH. An animal which lnhsbits the water, breathes by means of grills. swims by the add or fins, and is oviparons.

-—Fish commissioner. A public officer of the United States, created by net of congress of

502

FISSURE VEIN

February 9. 1371, whose duties principzilly cocnern the preseuotion and increase throughout thc country of fish suitiibie for food. Rev. SL 5 4395 (U. S. Comp. St. 1901, p. 3001).—Fish royal. These were the whale and the sturgeon. which, when thrown ashore or caught near thicoast of Engianil, became the proper of the king by virtue of his prcro-_zaLive and a rscompense for his protocting the shore from pirates and robbers. Brown; 1 Bl. Comm. 2J0. Ar 131316 v. Mundy, 6 N. J. Law, 86, 10 Am. Dec.

  • 6.

FISHERY. A place prepared for catching fish with nets or hooks. This is com- nioniy applied to the pl.1ce of drawing a seine or net. Hurt v. iIill. 1 Whurt. (Pn.) I31. 13:‘.

A right or liberty of taking fish; 11 species of lncorpureal hei'edil.ai.nent, aiicieiitiy term- ed "1)iSC€1'l'y," of which there are seiersi kinds. '2 Bl. Comm. 34. 39; 3 Kent, Comm. 409-:LlS: Arnold v. Mundy, 6 N. J. Law. 2 , 10 Am. Dec. 356; Gould v. James, 6 Cow. (N. Y.) 376; Hart v. Hill, 1 Wh-.irt (I'u.) l‘2rl. —Coinmon fishery. A fishing ground where ali ersons have £1 right to tnhc fish. Bennetl v. ‘ostar, 8 Tziunt. 18'}; Alliricht v. Purl-i Com'n. 68 N. J. Law, 523. 53 Atl. 612. Not to be confounded ixith “common of lislienv." as to which sn- Cmiiioiv, n.—Fis]iery laws. A series of statutes piisscd in lciiglniitl for use rc::iii:itinn of fisliingr. especially to prevent the destruction of fish during the breeding sciisun. and of smali fish. spa“ n. etc., and the employ- ment of improper modes of taking fish. 3 Ste-ph. Comm. Free fishery. _A_ fracnhise in the htinds of s _Sl.1IJJB('t, exisung by grant or pres -iption, distinct from an ownership in the soil. lt is an exclusive right, and applies to a piibiic navigable river, without any right in the soil. 3 Kent, Comm. 410. Arnold v. .\Iuud_\. (S . J. Law, 37. 10 Am. Dec. 3.16. See Albriizht v. Siis ex County Lake & Park Coni'n, 68 N. J Lu“ . 53 Atl. I312: Brno]:- hliven v. Strong. (3 . 1. G4.—Rig]zt of fishery. The gencml . ud common l‘l;.'i|[ of the citizcns to take fish from puhlic I\'li2e1‘S, such as the sen, grciit lnkcs, etc. Shire-ly v. Bo“-‘lhy. 152 U. S. 1. 14 Sup. Ct. 5-18, 38 L. Ed. 331.- Several fishery. A fishery of which the own- or is niso the ouner of the soil, or ilcriics his i-i_;ht from the owner of the soil. 1 Com. 39. -10; 1 Staph. Comm. (371. note. And see Frenry v. Cooke, 14 .\Iass. 439; Bi-ookhaven

N. Y. (ii; l'.[ui[ord v. Bailey, 5


FISHGARTH. A dam or wear ln I1 river for taking fish. Cowell.

FISHING BILL. A term descriptive of I1 hill in equity which seeks a discovery upon general. loose. und V2l,‘.,'1l& ullegmlions Story Eq. Pl. : In re I’-.iclfic Ry. Com'n (C. C.) 32 Fed. .033; Ilurrlcane Tel. Co. v. Mahler, 51 W. Va. 1, 41 S. E. 421: Carroll v. Carroii, 11 Barb. (N. Y.) 298.

FISK. Iii Scotch law. The fincus or fisc The reieuue of the crown. Generally used of the personal estate of a rebel which has lieeu forfeited to the crown. Bell.

FISSURI: VECKN. In mlning law. A vein or lode of mineralized matter filiing Ii pre-twisting fissure or crnck in the earth’:

crust extending across the strata and gen-