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Legal Definitions - in publica custodia
Definition of in publica custodia
in publica custodia
This historical legal phrase means "in public custody." It refers to items, documents, or assets that are under the care, control, and responsibility of a governmental body or public institution, typically for preservation, public access, or official use.
Example 1: Historical Government Records
Consider a national archive that houses all original treaties, constitutional amendments, and significant legislative acts from the country's founding. These priceless documents are not privately owned; they are maintained by a government agency for historical preservation, scholarly research, and public inspection.
Illustration: These historical records are considered in publica custodia because they are under the official care and control of a public entity (the national archive), which is responsible for their safekeeping, integrity, and accessibility to citizens.
Example 2: Publicly Owned Cultural Artifacts
A major city's natural history museum, funded primarily by public taxes and grants, acquires and displays a collection of rare dinosaur fossils and ancient human artifacts. The museum is tasked with the conservation, security, and exhibition of these items for the educational benefit and enjoyment of the community.
Illustration: The fossils and artifacts are in publica custodia as they are held and managed by a public institution (the city museum) on behalf of the public, with a duty to protect, study, and present them responsibly.
Example 3: Municipal Land Registry Data
When a local government maintains a comprehensive digital database of all property deeds, land surveys, and zoning maps within its jurisdiction, this information is crucial for property transactions, urban planning, and public transparency. This data is regularly updated and secured by the municipal clerk's office.
Illustration: This extensive land registry data is in publica custodia because it is under the direct control and stewardship of a government body (the municipal clerk's office), which has the responsibility for its accuracy, security, and appropriate public access.
Simple Definition
In publica custodia is a Latin term that translates to "in the public custody." Historically, this phrase referred to items, most notably public records, that were held and maintained by a government or public authority.