Blacks Law Dict. 1st ed

PUBLIC LAW

968

PUBLIC RECORD

under the government of a municipality, state, or nation. In English law, an officer appointed by a joint-stock banking company, under the stat utes regulating such companies, to prosecute and defend suits in its behalf. PUBLIC PASSAGE. A right, subsist ing in the public, to pass over a body of wa ter, whether the land under it be public or owned by a private person. PUBLIC PEACE. The peace or tran quillity of the community in general; the good order and repose of the people compos ing a state or municipality. PUBLIC PLACE. See PUBLIC HOUSE. And see 22 Ala. 15. PUBLIC POLICY. The principles un der which the freedom of contract or private dealings is restricted by law for the good of the community. Wharton. The term "policy," as applied to a statute, regulation, rule of law, course of action, or the like, refers to its probable effect, tenden cy, or object, considered with reference to the social or political well-being of the state. Thus, certain classes of acts are said to be "against public policy," when the law re fuses to enforce or recognize them, on the ground that they have a mischievous tend ency, so as to be injurious to the interests of the state, apart from illegality or immo rality. Sweet. PUBLIC PRINTING means such as is directly ordered by the legislature, or per formed by the agents of the government au thorized to procure it to be done. 4 Ind. 1. PUBLIC PROPERTY. This term is commonly used as a designation of those things which are publid juris, (q. t>.,) and therefore considered as being owned by "the public," the entire state or community, and not restricted to the dominion of a private person. It may also apply to any subject of property owned by a state, nation, or mu nicipal corporation as such. PUBLIC PROSECUTOR. An officer of government (such as a state's attorney or district attorney) whose function is the prosecution of criminal actions, or suits par taking of the nature of criminal actions. PUBLIC RECORD. A record, memo rial of some act or transaction, written evi dence of something done, or document, con sidered as either concerning or interesting

PUBLIC LAW. That branch or depart ment of law which is concerned with the state in its political or sovereign capacity, including constitutional and administrative law, and with the definition, regulation, and enforcement of rights in cases where the state is regarded as the subject of the right or object of the duty,—including criminal law and criminal procedure,—and the law of the state, considered in its quasi private per sonality, i. e., as capable of holding or exer cising rights, or acquiring and dealing with property, in the character of an individual. See Holl. Jur. 106, 300. That portion of law which is concerned with po litical conditions; that is to say, with the powers, rights, duties, capacities, and incapacities which are peculiar to political superiors, supreme and subordinate. Aust Jur. "Public law," in one sense, is a designa tion given to "international law," as distin guished from the laws of a particular nation or state. In another sense, a law or statute that applies to the people generally of the na tion or state adopting or enacting it, is de nominated a public law, as contradistin guished from a private law, affecting only an individual or a small number of persons. 46 Vt. 773. PUBLIC MINISTER. In international law. A general term comprehending all the higher classes of diplomatic representatives, —as ambassadors, envoys, residents,—but not including the commercial representatives, such as consuls. PUBLIC MONEY. This term, as used in the laws of the United States, includes all the funds of the general government derived from the public revenues, or intrusted to the fiscal officers. See 12 Ct. Cl. 281. PUBLIC NOTICE. Notice given to the public generally, or to the entire community, or to all whom it may concern. PUBLIC NUISANCE. One affecting an indefinite number of persons, or all the residents of the particular locality, or all peo ple coming within the range of its extent or operation; as distinguished from one which harms or annoys only a particular individual, the latter species being called a "private nui sance. " PUBLIC OFFENSE. A public offense is an act or omission forbidden by law, and punishable as by law provided. Code Ala. 1886, § 3699. PUBLIC OFFICER. An officer of a public corporation; that is, one holding office

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