Sumption

PUBIiIC.7 1, n, "The public" are the body of the people at large; the people of the neighborhood; the community at large; the people.

3, adj.

Belonging to, concerning, of interest or importance to, affecting the people or community at large; for the accommodation or benefit of all persons; also, generally known. Opposed, private, q. v. As in speaking of public or a public — act, administration, agent, assembly, attorney, I Reiser v. Smith, 71 Ala, 481 (1882j: 2 Greenl. Ev. § 93; Field, Dam. § 604; S Sedg. Dam. 547; 1 Waterm. Tresp. § 266; 1 Sutherl. Dam. 287; 1. Mass. 11; 19 Johns. 319; 17 Iowa, 468; 17 Mo. 637. = See 1 Bl. Com. 168, 478; 1 Paige, 590. ' Brown v. Commonwealth, 3 Grant, 209 (1856). • Craig V. "First Presby. Church, 88 Pa. 47 (1878): 2 Kent, 894; Angell & Ames, Coip. §§ 127, 131, 493. « H. S. § 5144. » Fassett V. Roxbury, 55 Vt. 655-56 (1883), Eowell, J.; auction, blockade, boundary, bridge, building, charity, conveyance, corporation, document, domain, easement, enemy, entertainment, exhibition, grant, health, highway, holiday, house or inn, indecency, land, law, notice, nuisance, office or officer, peace, place, policy, property, prosecutor, record, river, sale, school, seal, statute, stocks, trial, use, verdict, vessel, war, water, welfare, wrong, qq. v. "Public" and "general" are sometimes used as synonymous, meaning merely that which concerns a multitude of persons; but in other connections "public " refei-s to that which concerns all the citizens, and every member of the state, while " general " refers to a lesser, though still a large, proportion of the community.^ Compare General. The word "public" is used variously, its specific meaning depending upon the subjects to which it is applied. This is illustrat Ted in the different uses of the word as applied to law, statutes, debts, securities, and taxes. '^ The word sometimes describes the use to which property is applied; at other times, the character in which it is held. If the use is of such a nature as concerns the public, and the right to its enjoyraient is open to the public upon equal terms, the use will be public, whether compensation be exacted or not.^ PTJBIiICATIOlf. 1. Making a thing known to the pxiblic; proclaiming to general hearing; exposing to general view. As, putting forth a law in some printed form; exhibiting a deposition taken in chancery; inserting a summons or other order in a newspaper as an advertisement; the uttering of words in slander, and the declaring by pictures, signs, etc., in libel; a testator's statement that a designated writing is his will. See those general subjects. 3. Something, as, a book or print, which has been published — made public or known to the world. A writing as well as a printing may be " published." What constitutes a publication or a making public may be a question, and must generally depend upon the circumstances of each case. But a private letter sent in a sealed envelope cannot be considered » publication within the statute against mailing indecent publications.* See Obscene. The office of an " order of publication" is to notify parties, who are properly such, of the proceeding, and of the object sought; it is a substitute for a subpoena." ' [1 Greenl. Ev. % )8S. 2 Morgan v. Cree, 46 Vt. 786 (1861), Peck, J. 3 Gerke v; Purcell, 25 Ohio St. 341 (1874), White, J. 4 United States v. Loftis, 8 Saw. 197 (1882), Deady, J.; s. c. 12 F. B. 673. See United States v. Gaylord, 17 It is a rule, without qualification or exception, that when it is sought to conclude a party by constructive " service by publication " there must be a sti-ict compliance with the requirements of the statute; nothing can be taken by intendment; every fact necessarj' to the exercise of jurisdiction, based on the service, must affirmatively appear in the mode of service. ' An " award " is published when made and notice given to the parties.^ In " slander," words are published although spoken to one person, who knows them to be false. 3 See Slander. But sending a letter containing a "libel" to the person defamed, where no third party hears or reads it, will not support an action for damages.* See Libel, 5. As to publication by "statutes " and •' ordinances," see Prescription, 1; Proclamation, 2; Promulgate. See also Copyright. The publication of a " will " is the act of declaring or making known to the witnesses that the testator understands and intends the instrument subscribed by him to be his last will. 5 Kepublieation. A re-publishing; in particular, the revival of a will previously revoked or changed by the addition of one or more codicils.