The Cyclopedic Law Dictionary

One forming part of a public highway; one erected for common use or public convenience, as distinguished from one erected for the use and convenience of a private person. Common us

Buildings ordinarily used in or indispensable to the conduct of the public business. 41 Pa. St. 270.

A common carrier (g. V.)

Any charity whose objects are undefined; one for the benefit of an indefinite number of unselected persons. See "Charitable Uses."

A term used in the English law for an open corporation. "What a 'public company' is has not been defined, but one test is whether the members have a right to transfer their shares.

Public corporations are political corporations, such as are founded wholly for public purposes, and the whole interest in which is in the public. All corporations, whether public o

That which is due or owing by the government.

In its most general sense, all landed property owned by the public. In peculiar context it has been limited to unappropriated public lands. 68 Tex. 547. which belongs to the public

This word, used in the singular number, designates a nation at war with the United States, and includes every member of such nation. Vattel, bk. 3, c. 5, § 70. To make a public ene

In its most general sense, all lands owned by the government. In the more limited sense in which it is ordinarily used, it signifies such lands as are subject to sale or other disp

In one sense, international law. In another sense, a general law.

A general term of the international law, which includes all diplomatic representatives, but excludes consuls.

Notice given to the public generally, as by advertisement or posting, and not to some particular individual.

See "Nuisance."

Includes all criminal offenses, including violations of municipal ordinances. 34 Minn. 1.

A right to pass over a body of water. This term is synonymous with "public highway," with this difference: by the latter is understood a right to pass over the land of another; by

"Public tranquillity; that quiet, order, and freedom from disturbance which is guarantied by the laws." The determination of what acts disturb the

The criterion by which the courts condemn contracts as opposed to the public will, or as tending to subvert the public welfare. Thus, public policy invalidates contracts tending to

A record maintained by public authorities, or open to the inspection of the public.

A navigable river. See "Navigable."

A road dedicated to, and kept up by the public, as contradistinguished from private ways or neighborhood roads, which are not so kept up. 20 Ala. 88.

A sale conducted on notice to the public, at which the public is invited to attend and -purchase.

Schools maintained at the public expense by taxation.

The official seal of a publie officer. See ' 'Seals."

Public obligations or ' securities.

A trial which, under reasonable limitations, the public are freely admitted to attend. The attendance may be limited to the reasonable seating capacity of the courtroom (92 Mo. 542

The nature of the "public use" for which private property may be taken is "flexible" (43 N. J. Law, 384), "dependent somewhat on the situation and wants of the community for the ti

A verdict delivered by the jury in open court, as distinguished from a privy verdict sealed and delivered by the jury when court is not in session.

See "War."

"May mean. the worship of God, conducted and observed under public authority; or it may mean worship in an open or public place, without privacy or concealment; or it may mean the

A public wrong, otherwise termed a "crime," is a breach and violation of the public rights and duties due to the whole community, considered as a community in its social aggregate

One who, by himself or his agent, makes a thing publicly known, one engaged in the circulation of books, pamphlets, and other papers,

Chastity; the abstaining from all unlawful carnal commerce or connection. A married woman or a widow may defend her pudicity as a maid may her virgfinity. See "Chastity;" "Rape."

In old English law. To be free from the payment of money for taking of wood in any forest. Co. Litt. 233a. The same as "woodgeld."

In Spanish law. People; all the inhabitants of any country or place, without distinction. A town, township, or municipality. Las Partidas, pt. 1, tit. 2, 1. 5; White, New Recop. bk

In civil law. A condition which commenced at the age of seven years, the end of the age of infancy, and lasted till the age of puberty,— that is, in females till the accomplishment

A person employed by the owner of property which is sold at auction to bid it up, who does so accordingly, for the purpose of raising the price upon bona fide bidders. This is a fr

Exaggerated statements of value such as a vendor is allowed to make use of. 85 111. 275.

PUYS, PUES, PUS, or PUZ (LaW Fr.) After; since; afterwards. Kelham. PUIS DARREIN CONTINUANCE (Law. Fr. since last continuance). In pleading. A plea which is put in after issue join

In the civil law. A name sometimes applied to the aetovi PUNCTUM (Lat.) A point; an indivisible point of time. See "Punctum Temporis." A quarter of an hour, according to the old co

In old Engish law. Pound breach (g. v.).

Fr. (from Lat. punire). To punish. Puni, puny; punished. Britt. c. 68.

In criminal law. Some pain or penalty warranted by law, inflicted on a person for the commission of a crime or misdemeanor, or for the omission of the performance of an act require

' Exemplary damages.

In Civil Law. One who Is in his or her minority. See Dig. 1. 7.; Id. 26. 7. 1. 2; Id. 50. 16. 239; Code, 6. 30. 18. One who is in ward or guardianship. At Common Law. One who is un

In civil law. That age of a person's life which included infancy and puerility. PUPILLUS PATI POSSE NON INTELLIgitur. A pupil is not considered able to do an act which would be pre

A corruption of the French word par, by or for. It is frequently used in old French law phrases, as, pur autre vie. It is PUR AUTRE VIE (Old Fr. for another's life). An estate is s

In the broadest sense, the transmission of property from one person to another by their voluntary agreement on a valuable consideration. 4 Kent, Comm. 509. In a stricter sense, a t

WORDS OF. Those by which, taken absolutely, without reference to or connection with any other words, an estate first attaches, or is considered as commencing in point of title, in

The consideration in money which is agreed to be paid by a purchaser.

A mortgage given on the purchase of land by the purchaser to the vendor to secure the payment of the purchase money, or the unpaid balance thereof.

A buyer; a vendee. The term is applied indifferently to persons acquiring, by purchase, either realty or personalty, but in the interest of exact nomenclature it should be applied

The person who buys a promissory note or bill of exchange from the holder without his indorsement. Bayley, Bills, 370.

In Scotch law. A debt actually due, in contradistinction to one which provisionally, in a certain event, which is called a "contingent debt." 1 Bell, Comm. (5th Ed.) 315.

One which Is not suspended by any condition, whether it has been contracted without any condition, or, when thus contracted, the condition has been performed. Poth. Obi. note 176.

In equity pleading. One which relies wholly on some matter dehors the bill; as, for example, a plea of a release on a settled account. Pleas not pure are so called in contradistinc

A base tenure, where a man holds upon terms of doing whatsoever is commanded of him, nor knows in the evening what is to be done in the morning, and is always bound to an uncertain

In Scotland, every witness, before making oath or affirmation, is "purged of partial counsel," i. e., cleared by examination on oath of having instigated the plea, of having been p

This is like the ratification of a wrongful act by a person who has power of himself to lawfully do the act; but, unlike ratification, the purging of the tort may take place even a

In English law. A space of land near a forest, known by certain boundaries, which was formerly part of a forest, but which has been separated from it. The history of purlieus is th

Those who have ground •within the purlieu to the yearly value of 40s. a year freehold are licensed to hunt in their own purlieus. Manw. For. Law, c. 20, § 8.

That part of an estate which, having been held in common by parceners, is by partition allotted to any of them. To make purparty is to divide and sever the lands which fall to parc

In pleading. The substance of a vsrriting as it appears on the face of it to the eye that reads it. It differs from tenor (g. v.) 2 Russ. Crimes, 365; 1 East, 179; and therefore, w

An inclosure by a private individual of a part of a common or public domain. According to Lord Coke, purpresture is a close or inclosure, that is, when one encroaches or makes seve

The person appointed by the master of a ship or vessel, whose duty it is to take care of the ship's books, in which everything on board is inserted, as well the names of mariners a

The name by which the complainant or plaintiff is known in the ecclesiastical courts. 3 Ecc. 350. PURUS (Lat.) In old English law. Pure; clear; simple; free of any qualification or

One employed in procuring provisions. See Code, 1. 34.

That part of an act of the legislature which begins with the words, "Be it enaoted," etc., and ends before the repealing clause. Cooke (Tenn.) 330; 3 Bibb (Ky.) 181. According to C

In Pleading. To select; to demand; as, "the said C. D. puts himself upon the country;" that is, he selects the trial by jury as the mode of settling the matter in dispute, and does

Reputed to be that which is not. The word is frequently used; as, putative father, putative marriage, putative wife, and the like. And Toullier (Dr. Civ. torn. 7, note 29) uses the

The reputed father. This term is most usually applied to the father of a bastard child.

In the civil law. A marriage which is forbidden, but which has been contracted in good faith and ignorance of the impediment on the part of at least one of the contracting parties.

Applied to a chose In action, to sue on.

In old statutes. To put in practice or effect; to carry into effect Sometimes written to "put in use." PUT UPON' (Law Lat. ponere super). In practice. To rest upon; to submit to; a

See "Gambling Contract."

The causing of such reasonable apprehension of death or serious bodily harm as deters the person threatened from running the risk of incurring the same by resistance to unlawful ag

A custom claimed by keepers in forests, and sometimes by bailiffs of hundreds, to take man's meat, horse's meat, and dog's meat of the tenants and inhabitants within the perambulat

93; 49 J. P. 246. He must in fact be seen hanging about the street. 1 Times Rep. 109. FREQUENTIA ACTUS MULTUM OPEratur. The frequency of an act effects much. 4 Coke, 78; Wingate, M

An abbreviation of qtiare clausum fregit. See "Trespass." Q. V. Quod vide, which see. Used after the mention of a title, chapter, etc., to refer the reader thereto. QAR (Law Ft.) F

As; in the character or capacity of. "The judge qua judge cannot know." Vaughan, 147.

One who, without sufficient knowledge, study, or previous preparation, undertakes to practice medicine or surgery, under the pretense that he possesses secrets in those arts. • The

The third volume of the Year Books of the reign of Edward IIL So called, because beginning with the fortieth year of the reign. Crabb, Hist. Eng. Law, 327; Hale, Hist. Com. Law, c.

In angular measures, a quadrant is equal to ninety degrees. See "Measure." QUADRANTALIS (Law Lat.; from quadrans, q. v.) In old English law. Of the value or price of a quarter or f

A person who is descended from a white person and another person who has an equal mixture of the European and African blood. 2 Bailey (S. C.) 558. See "Mulatto."

In pleading. For-

STAtim capientium fiunt. Things taken from public enemies immediately become the property of the captors. Inst. 2. 1. 17; Grotius de Jure Belli, lib. 3, c. 6, § 12. QUAE AB INITIO

EX post facto convalescere non possunt. Things invalid from the beginning cannot be made valid by subsequent act. Tray. Lat. Max. 482. QUAE ACCESSIORIUM LOCUM OBTInent, extinguuntu

quamvis minima, major est qualibet poena pecuniarla. Every corporal punishment, although the very least, is greater than any pecuniary punishment. 3 Inst. 220.

(Law Lat.) Which (does or requires) nothing in vain; which requires nothing to be done, that is to no purpose. 2 Kent, Comm. 53.

FACTA VAlent. Things which ought not to be done are held valid when they have been done. Tray. Lat. Max. 484.

JUNEta juvant. Things which may not avail singly, when united have an effect. 3 Bulst. 132. QUAE PLURA (Law Lat. what more). In old English practice. A writ which lay where an inqu

LEGEM BENE discere si vis. Inquire into doubtful points if you wish to understand the law well. Litt. § 443. QUAERE (Lat.) In practice. A word frequently used to denote that an inq

QUIA PER RATIOnes pervenltur ad legltlmam rationem. Inquire into doubtful points, beicause by reasoning we arrive at legal reason, Litt. § 377.

In old practice. A plaintiff; the plaintiff. QUAERENS NON INVENIT PLEGIUM (Lat.) In practice. The plaintiff has not found pledge. The return made by the sheriff to a writ directed

JUNCta Juvant. Things which, taken singly, are of no avail, afford help when taken together. Tray. Lat. Max. 486, QUAE SUNT MINORIS CULPAE SUNT majoris Infamlae. Things which are o

In the Roman law. Commissions (or courts) of inquisition into crimes alleged to have been committed. They were called "perpetuae," to distinguish them from "occasional" inquisition

That estate which a man has by acquisition or purchase, in contradistinction to "haereditas," which is what he has by descent. Glanv. 1, 7, c. 1. QUALE JUS (Lat.) In old English la

Having the requisite qualities for a thing; as, to be president of the United States, the candidate must possess certain qualifications. The natural endowment or acquirement which

One entitled to vote.

One which has a qualification subjoined to it, and which must be determined whenever the qualification annexed to it is at an end. A limitation to a man and "his heirs on the part