英文法律词典 P-138

PUBERTY, civil law. The age in boys after fourteen years until full age, and in girls after twelve years until full age. Ayl. Pand. 63; Hall's Pract. 14; Toull. Dr. Civ. Fr. tom. 6, p. 100; Inst. 1, 22; Dig. 1, 7, 40, 1; Code, 5, 60, 3.

PUBLIC. By the term the public, is meant the whole body politic¹, or all the citizens of the state; sometimes it signifies the inhabitants of a particular place; as, the New York public.

2. A distinction has been made between the terms public and general, they are sometimes used as synonymous. The former term is applied² strictly³ to that which concerns all the citizens and every member of the state; while the latter includes a lesser⁴, though still a large portion of the community. Greenl. Ev. 128.

3. When the public interests and its rights conflict with those of an individual, the latter must yield. Co. Litt. 181. if, for example, a road is required for public convenience, and in its course it passes on the ground occupied by a house, the latter must be torn down, however valuable it may be to the owner. In such a case both law and justice require that the owner shall be fully⁵ indemnified.

4. This term is sometimes joined to other terms, to designate those things which have a relation to the public; as, a public officer, a public road, a public passage, a public house.

PUBLIC DEBT. That which is due or owing by the government.

2. The constitution of the United States provides, art. 6, s. 1, that "all debts contracted or engagements entered into, before the adoption⁶ of this constitution, shall be as valid⁷ against the United States under this constitution, as under the confederation." It has invariably been the policy since the Revolution, to do justice to the creditors⁸ of the government. The public debt has sometimes been swelled⁹ to a large amount, and at other times it has been reduced to almost nothing.

PUBLIC ENEMY. This word, used in the singular number, designates a nation at war with the United States, and includes every member of such nation. Vatt. 1. 3, c. 5, 70. To make a public enemy, the government of the foreign country must be at war with the United States; for a mob, how numerous soever it may be, or robbers, whoever they may be, are never considered as a public enemy. 2 Marsh¹⁰. Ins. 508; 3 Esp. R. 131, 132.

2. A common carrier is exempt¹¹ from responsibility, whenever a loss has been occasioned to the goods in his charge by the act of a public enemy, but the burden of proof lies on him to show that the loss was so occasioned. 3 Munf. R. 239; 4 Binn. 127; 2 Bailey, 1 57. Vide Enemy; People.