Legal Term Dictionary

Initial; leading; chief; preceding all others of the same kind or class in sequence, (numerical or chronological;) entitled to priority or preference above others. Redman v. Railroad Co., 33 N. J. Eq. 165; Thompson v. Grand Gulf R. A B. Co., 3 How. (Miss.) 247, 34 Am. Dec. 81; Hapgood More...

Initial; leading; chief; preceding all others of the same kind or class in sequence, (numerical or chronological;) entitled to priority or preference above others. Redman v. Railroad Co., 33 N. J. Eq. 165; Thompson v. Grand Gulf R. A B. Co., 3 How. (Miss.) 247, 34 Am. Dec. 81; Hapgood v. Brown, 102 Mass. 452. -First devisee. The person to whom the estate is first given by the will, the term "next devisee" referring to the person to whom the remainder is given. Young v. Robinson, 5 N. J. Law, 680; Wilcox v. Hey wood, 12 R. I. 198. -First fruits. In English ecclesiastical law. The first year's whole profits of every benefice or spiritual living, anciently paid by the incumbent to the pope, but afterwards transferred to the fund called "Queen Anne's Bounty," for increasing the revenue from poor livings. In feudal law. One year's profits of land which belonged to the king on the death of a tenant in capite; otherwise called "primer seisin." One of the incidents to the old feudal tenures. 2 Bl. Comm. 66, 67.-First aoir. The person who will be first entitled to succeed to the title to an estate after the termination of a life estate or estate for years. Winter v. Perratt, 5 Barn. & C. 48.-First impression. A case is said to be "of the first impression" when it presents an entirely novel question of law for the decision of the court and cannot be governed by auy existing precedent.-First ourohaaer. In the law of descent, this term signifies tbe ancestor who first acquired (in any other manner than by inheritance) the estate which still remains in his family or descendants. Blair v. Adams (C. C.) 59 Fed. 247.-First of exchange. Where a set of bills of exchange is drawn in duplicate or triplicate, for greater safety in their transmission, all being of the same tenor, and the intention being that the acceptance and payment of any one of them (the first to arrive safely) shall cancel the others of the set, they are called individually the "first of exchange," "second of exchange, etc. See Bank of Pittsburgh v. Neal, 22 How. 06. 110, 16 L. Ed. 323. As to first "Cousin," "Distress," "Lieu," and "Mortgage," see those titles. Less...

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 subject 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 More...

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 subject 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, i. e., a prisoner convicted of a crime. Bouvier.-First-elass title. A marketable title, shown by a clean record, or at least not depending on presumptions that must be overcome or facts that are uncertain. Vought v. Williams, 120 N. Y. 253, 24 N. EI 195, 8L R. A. 591, 17 Am. St Rep. 634, Less...

An Anglicized form of the Latin "fiscus" (which see.)

An Anglicized form of the Latin "fiscus" (which see.) Less...

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 duly More...

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 duly of the state treasurer to deposit with him any moneys in the treasury. State v. Dubuclet 2r 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, ft 5333 (Ann. St. 1906, p. 2770).-Fiscal jndae. A public officer named in the laws of the Rip-uarians and some other Germanic peoples, apparently the same as the "Qraf," "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. -Fisoal 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. Less...

In Roman law. The treasury of the prince or emperor, as distinguished from "cprariam," 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. More...

In Roman law. The treasury of the prince or emperor, as distinguished from "cprariam," 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 I>erson. Spelman. Less...

An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. "-Fish commissioner. A public officer of tbe United States, created by act of congress of 2 FISSURE VEIN" February 9, 1871, whose duties principally concern the preservation and increase throughout More...

An animal which inhabits the water, breathes by means of gills, swims by the aid of fins, and is oviparous. "-Fish commissioner. A public officer of tbe United States, created by act of congress of 2 FISSURE VEIN" February 9, 1871, whose duties principally concern the preservation and increase throughout the country of fish suitable for food. Rev. St ? 4395 (U. S. Comp. St. 1901, p. 3001).-Fish royal. These were the whale and the sturgeon, which, when thrown ashore or caught near the coast of England, became the property of the king by virtue of his prerogative and in recompense for his protecting the shore frompirates and robbers.- Brown; 1 Bl. Comm. 290. Arnold v. Mundy, 6 N. J. Law, 86, 10 Am. Dec. 356. Less...

A place prepared for catching fish with nets or hooks. This is commonly 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 termed "piscary," of which there are More...

A place prepared for catching fish with nets or hooks. This is commonly 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 termed "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.) 121. -Common fishery. A fishing ground where all persons have a right to take fish. Bennett v. Costar, 8 Taunt. 183; Albright v. Park 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 the destruction of fish during the breeding season, and of small fish, spawn, etc.. and the employment of improper modes oz taking fish. 3 Steph. Comm. 165.-Free fishery. A franchise in the hands of a subject, existing by grant or prescription, distinct from an ownership 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 A Park Com'n, 68 N. J. Law, 523, 53 Atl. 612; Brook-haven v. Strong, 60 N. Y. 64.-Right of fishery. The general and common right of the citizens to take fish from public waters, such as 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 owner 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. 04; Holford v. Bailey, S Q. B. 1018. Less...

A dam or wear in a river for taking fish. Cowell.

A dam or wear in a river for taking fish. Cowell. Less...

A term descriptive of a bill in equity which seeks a discovery upon general, loose, and vague allegations. Story, Eq. PI. i 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263; Hurricane Tel. Co. v. Mohler, 51 W. Va. 1, 41 S. E. 421; Carroll v. Carroll, 11 More...

A term descriptive of a bill in equity which seeks a discovery upon general, loose, and vague allegations. Story, Eq. PI. i 325; In re Pacific Ry. Com'n (C. C.) 32 Fed. 263; Hurricane Tel. Co. v. Mohler, 51 W. Va. 1, 41 S. E. 421; Carroll v. Carroll, 11 Barb. (N. Y.) 298. Less...

In Scotch law. The fiscus or fisc. The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell.

In Scotch law. The fiscus or fisc. The revenue of the crown. Generally used of the personal estate of a rebel which has been forfeited to the crown. Bell. Less...