Page:Black's Law Dictionary (Second Edition).djvu/972

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curring in putrefying fish and the tyrotoxicons of decomposing milk and mill: products.

PUBERTY. The age of fourteen In males and twelve in females, when they are held lit for, and capable of colltioctirig, marriage. Otherwise ciiiied the “age of consent to marriage." 1 Bl. Comm 436; 2 Kent, Comm. TS. See State v. Pierson, 44 Ark. 2%.

PUBLIC. Pertaining to a state. nation, or whole community; pruccetlin.-; fioni, re- lating to, or anecting the whole body of peo- ple or an entire community. Open to all; notorious. Common to all or many;; open to common use. Morgan v. Cree, 46 Vt. 75!‘; 14 Am. Rep. (140; Crane v. W - ters (C. C.) 10 Fed. (3:21; Austin v. Sonic, 36 Vt. '10; Appeal of Eliot. 74 Conn. 586, 51 Ati. 5&8; Oliiira v. Miller, 1 Kulp (Pa.) 295.

A distinction has been made between the terms ‘‘public and “gcnerziI." They are sometimes used as synonymous. The former term is applied strictly to that which concerns all the citizens and every member of the state; vihile the latter includes a lesser, though still a large. portion of the community. 1 Greenl. Ev, § 1.5

As a noun, the word "public" denotes the whole body politic, or the aggregate of the citizens of a state, district, or municipality. Knight v. Thomas, 93 Me. 49-1, 46 Atl. -199; State v. Luce, E) Houst. (Del.) 39!}, 32 Ati. 1076; Wyatt v. Irrigation Co., 1 Coin. App. -180, 29 Pnc. 906.

—Pnblic appointments. Public offices or stations which are to be filled by the appoint- ment of individuals, under authority of law, instead of by eiection.—Pnb1i'o building. One of which the possession and use, as well as the property in it, are in the public. Pancuast v. 'l‘roih. 34 N. J. Law, 83.—Pnbliu law. That hi-anch or department of law which is concerned with the state in its political or sovereign capac- ity, including constitutional and administrative law, and with the definition, regulation, and en- forcement of rights in cases where the stats is regarded as the subject of the right or object of the dut_v,—incIniling criminal law and criminal procedure,—and the law of the state, considered in its quasi private personality, 6. e., as capable of holding or exercising rights, or ac- quiring and dealing with property, in the char- acter of an individual. See lloli. Jur. 106, 300. That portion of law which is concerned with political conditions; that is to say, with the pouers, rights, duties, capacities, and Incapacities whicb are pecuhar to politicai superiors, supreme and subordinate. Aust. Jur. “Public law." in one sense, is a designation given to “inteinationiil law," as distinguished from the laws of a particular nation or state. In another sense. a lziw or statute that applies to the peo- ple generally of the nation or state adopting or enacting it, is denominated a public law, as contradistinguislied from a private law, affecting onlv an individual or a small number of persons. Morgan v. Cree, 46 Vt. 773, 14 Am. Rep. G40.—PnbIic offense. A public offense is an act or omission forbidden by law, and punishablc as by law provided. Code Ala. 1886. 3599. Ford v. State. 7 Ind. App. 567, ' N 34: State v. Cantieny, 34 Minn. 1, 2 N. W. 458. — passage. A right. subsisting in the public, to pass over a body of water, whether the land under it be public or owned by a pri- vate pei-son.—I-‘nblic place. A place to which the general public has a right to resort; not



nccessariiy I place devoted solely to the of the public, but a piace which is in point fact public rather than private, a pi-are via‘ by many persons and usually acceusiule to public. See State v. Welch, 88 Ind. 310; 1*- pl'f‘(!lJt v. State. 36 Tex. Cr. R. -134 ‘ T34; Russcli v. Dyer, 40 N. H. lo Eugene, 23 Or. 376, 31 Piic. 325 State, 22 Ala. 15.— purpose. law of taxation. eminent domain, eta, this by term of classilication to d.lSLlD"|ilSll the

for which, according to settled’ usa,-,-e, L‘: userinnent Is to provide, from those uh: , '

like usage, are ieft to private interev ' 7 tion or iiheraiity. People v. Salem 'lp. l.50i""l'_ 20 Mich. 435 4 Am. mp. 400. Sec 1:1...-s Const. Law ( d Ed.) p. 45-1, et aeqpPnliiiu service. A term applied in mudcru usngc to the objects and enterprises of certain lrinJ= ol corporations, which spatially serve the needs of the general public or'conduce to the comfort and convenience of an entire community, such as raliroads, gas, water, and eiecrric liglit compaaies.—Pn'b1ic, true, and notorious. Thu old form by which charges in the allegations la the ecciesiastical courts were described at the end of each particular.—Pnblin me, in wasn'- tiitional provisions restricting the exercise of lhs right to take private property in virtue of eni- inent domain, means a use concerning the who]: community as distinguished from particular individunls. But each and every member of society need not be equally Interested in such uric}

or be personally and directly affected by it; the object is to satisfy a great puliiie want or exigency, that is sufficient. Gilmer v. Lime Point. 18 Cai. 229; Budd v. New York. 1-131]. S. 517, 12 Sup. Ct. 468, 36 L. Ed. Z47.—Pnl2li'n ways. Highways, (11. 1).)—Publie welfare. The prosperity, well-being, or convenience of the public at large, or of a whole cominunily, as distinguished from the advantage of an imliviil- us] or iiraitcd class. See Shaver v. Slarrett,

-1 Ohio St. 499 As to public “Accounts," “Act,' "Administrator," "Agent," “Attorney," “Auctioii,"

“Blociiade," "Boundary," “Bridge," "Carri/er," "0hapel,” “Charity," "Company," “Corporation," “Debt," “lJocument," "Domain," “Ease- nient," “E'nei1iy," “Ferry,” “Funds," "Grant," “HeaIt.h," “HoIIday," “House," “Indecency,"

"Lands," “Market," “Minister,” "Money, ' "Notice," “Nuisance," “0flicer," “Peace," "Po1lcy,” "Pond," "Printing," “Propcrty,"

“ProsecuI;ur." “Record," "Revenue," "River," ‘‘Road, “Sale," “Sciiool," “Seal." “Stock,” “Store," “Tax," “Trial,” "Verdict," Vessel," “War," “Works," “Worship," and “Wrongs," see those titles.

PUBLICAN. In the civil law. A farm- er of the puhllc revenue; oue who held a lease of some property from the public treasury. Dig. 39, 4, l, 1; Id. 39. 4, 12. 3: Id. 39, 4, 13.

In English law. Persons authorized by license to keep a public house, and retail therein, for consumption on or of! the pramises where sold, ail intoxicating liquors: also termed “licensed victuallers." Wharton.

PUBLICANUS. Lat. In Roman law. A farmer of the customs; a puhllcan. Calvin

PUBLICATION. 1. The act of publishing anything or making it public; offering it