Fiscal

Belonging to the fisc, or public treasury. FISCAL JUDGE (Law Lat. judex fiscalia). An officer named in the laws of the barbarous nations of Europe; the same with the grafio, graf, greve, or greeve. Spelman, voe. "Grafio." Called flscla, because charged with the collection of public moneys, either directly, or by the imposition of fines. Id. In the Ripaurian law, he is said to be the same with the comes or count. L. Ripaur.

Belonging to the fisc, or public treasury. A fiscal agent does not necessarily imply a 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.

Belonging to the fisc or public treasury. Relating to accounts or the management of revenue.

— Fiscal agent. This term does not necessarily 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, apparently 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 government or of a corporation, the fiscal year is a period of twelve months (not necessarily concurrent with the calendar year) with reference to which its appropriations are made and expenditures 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.

Relating to or connected with the treasury of a prince or state.

Belonging to the fise, or public treasury. Relating to accounts or the management of revenue.

See Confiscate; Forfeiture. FISH; FISHERY. 1. The right to take fish at a certain place or in particular waters is a " fishery." Common of fishery or piscary. A liberty of fishing in another's waters. Free fishery. The exclusive right of fishing in a public river. Several fishery. The owner of this is also owner of the soil, or derives his right from such owner; a separate fishery.' a common of fishery is notn exclusive right, but is enjoyed ia common with certain other persons. A free fishery is a franchise, obtained by grant or prescription, and is distinct from ownership in the soil. The right to take fish in waters upon the soil of a private proprietor, for one's, own use, is not an easement, but a right of profit in lands. It can be acquired only by grant or prescription. But neither prescription, nor custom, nor dedication raises a general right in the public to enter upon private land to fish in the waters thereon.' Each State owns the bed of all tide-waters within its jurisdiction, unless it has granted them away; also, the tide-waters themselves, and the fish in them, as far as capable of ownership while running. The ownership is that of the people in their united sovereignty. The title thus held is subject to the paramount right of regulating navigation, granted to the United States. The fisheries remain under the exclusive control of the State. The State has the right, in its discretion, to appropriate its tide-waters and the beds to be used by its people as a common for taking and cultivating fish [oysters], so far as may be done without obstructing navigation. Such appropriation is a regulation of the use by the people of their common property. The right m the people comes from citizenship and property combined. It is a property right, not a mere privilege or immunity of citizenship. As the State may grant the exclusive use of any part of its common property to one of its citizens, so it may confine the use to its own citizens.* 1 Everett v. Carr, 59 Me. 330 (1871): 57 id. 523. '''L. piscarius, relating to fishes or fishery: piscis, a Bsh. [3 Bl. Com. 34, 39-40; 16 Op. Att.-Gen. 663. * 3 Kent, 359. See 1 Whart. 138. Cobb V. Daivenport, 33 N. J. L. 225-26 (186S), Depue, J, See also Cole v. Eastman, 133 Mass. 67 (1882), Bevens, Oysters are fish, within the meaning of a covenant not to retail flsh.> Oysters which have been taken, and thus become private property, may be planted in a place subject to the flow of the tide and where there are none naturally, and remain private property." The owner has the same absolute property in oysters that he has in inanimate things or in domesticanimals. Oysters planted in public waters will not be considered abandoned to the public unless planted where oysters naturally grow. If they interfere with the rights of navigationthey may be removed as a nuisance; but a private person, not the owner, may not convert them to his own use. In the exercise of its police power, a State may grant to individual citizens the exclusive right to plant and to remove oysters under the public waters.* See Aqua, Currit, etc. Fish commissioner. An act of Congress approved February 9, 1871, provides for the appointment of a commissioner of fish and fisheries, wih power to preserve and increase food fishes throvzghout the United States.5 Some of the States have a board of commissioners, with lilie powers. An act approved January 20, 1888, amends the foregoing act so that it reads: There shall be appointed by the President, by and with the advice and consent of the Senate, a person of scientific and practical acquaintance with the fish and fisheries to be a commissioner of fish and fisheries; that he shall receiye a salary at the rate of five thousand dollars a year, be removable at the pleasure of the President, and shall not hold any other o Sace or employment under the authority of the United States or any State." Fish laws. See Game, 1; Sea. 2. Referring to a bill in equity or to interrogatories, " fishing " imports seeking to pry into the title or individual affairs of an adverse party. A "fishing bill" is a bill in which the plaintiff shows no cause of action, and endeavors to compel the defendant to disclose a cause in the plaintiff's favor.' A bill in equity that seeks a discoveiy upon general, loose, and vague allegations is styled a " fishing Waite, C. J. See also Boggs. v. Commonwealth, 76 Va. 989(1882); M'Candlish v. Commonwealth, ib. 10O4 (1882). 1 Caswell V. Johnson, 68 Me. 166 (1870). ' Fleet V. Hegeman, 14 Wend. 42 (1835); State v. Sutton, 2 R. I. 434 (1853); Lowndes v. Dickerson, 34 Barb. 586 (1861). " State v. Taylor, 27 N. J. L. 119 (1858), Green, C. J. See also Johnson v. Loper, 46 id. 321 (1884). * People V. Thompson, 30 Hun, 457 (1883). R. S. § 4396. bill;" any such bill "will be at once dismissed upon that ground alone.* A party has no right to any discovery except of facte, deeds, and other writings necessary to the title under which he claims. See Discovery, 6. riT. See Cultivation; Disceetion, 3.

what belongs to the fisc or public treasury. - FISH, an animal which inhabits the water exclusively. Fishes in rivers and in the seaare animals fere nature, and consequently no one has any property in them until they have been captured; and, like other wild animals, if having been taken they Sd escape, and regain their liberty, the captor loses his property in them. Vide Fer@ natura. The owner of a fishery in the lower part of the stream cannot construct any contrivance by which he will obstruct the passage of fish up the stream. 5 Pick. R. 199.