Pass

V. 1.

In speaking of conveyances or sales, that is said to pass which is transferred from one party to the other, by force of the instrument or contract. Thus the title is said to pass by delivery of the deed; appui-tenances are said to pass by a conveyance of a lot and buildings; and, by another form of the expression, the deed, the delivery, &o., is said to pass the lauds or the goods.

2.

In speaking of practice of courts, a judgment or decree is said to pass or to be passed, when it is rendered or made. When an auditor appointed to examine into any accounts certifies to their correctness, he is said to " pass " them; i.e., they pass through the examination without being When the proceedings are entered upon the nisi prius record, it used to be taken to the master's office and there examined by the proper officer, who then signed it; and the record was then said to be " passed." Brotm. "Pass " means, 1. To bring or come into force; of an act of parliament, grant, or public charter; the word being used to indicate that the act, grant, charter, &c., passes or is passed through the necessary stages to its full and complete legal effect and operation.

2.

To be conveyed by deed, will, or other conveyance. Here the word is used of the subject-matter of the conveyance. Thus it is often a question whether such an estate passes by a clause in a deed or will by which property is conveyed; the meaning of the question being, whether such an estate is comprised in the property so conveyed.

Mozhy Sf W. 3.

Likewise a bill or resolution pending before a deliberative or legislative body is said to pass, or to be passed, when all the requisites to effective assent have been finally and formally given. A bill has passed the house or the senate when a majority of either has voted for it, and this has been duly attested by the presiding officer. It may be said to have passed when both hotises have voted for it, though it has not received executive approval, if the connection shows this is excluded; but^ generally, "to pass," or "passed," applied to a law, includes approval of the crown, president, or governor.

4.

When the offences of forgery or counterfeiting are under discussion, to pass is to circulate, put forth, or utter the counterfeit or forged coin or instrument. Passing a paper is putting it off in payment or exchange. Uttering it is a dedit ration that it is good, with an intention to pass, or an offer to pass it.

United States V. Mitchell, Baldw. 866.

Pass, utter, publish, and sell, are in some respects convertible terms, and, in a giyen case, pass may include utter, publish, and sell. The words uttering and passing, used of notes, do not necessarily import that they are transferred as genuine: the words include any de Uvery of a note to another for value, with intent that it shall be put into circulation as money. United States !). Nelson, 1 Abb. V. S. 135. " Pass," as used with reference to money, does not necessarily imply a transfer for a valuable consideration. It rather means to deliver as money, or as a known and conventional substitute for money. To sustain an indictment for passing a counterfeit be used as money, with the guilty purpose of defrauding the community; but it is not necessary that the person to whom it is actually de Urered should take any beneficial interest in it, to make out an uttering and passing to him.

Commonwealth v. Starr, 4 Allen, 301.

The staking counterfeit money at a gaming table, as good money, is an attempt to utter or pass it; and losing it at play is a passing of it against law.

State v. Beeler, 1 Brev. 482.

Pledging a counterfeit note, which was to be redeemed at a future day, is not a passing, within the meaning of the act of Tennessee.

Gentry v. State, 3 Yerg. 451. Pass-book.

A kind of memorandum book which bankers and some classes of merchants issue to their customers, adapted to be carried back and forth by the customer, and in which a record of his deposits or purchases may be made. Being in the customer's general possession, it is a check upon the entries made by the other party in his own books. The significance of the name seems to be in the fact that the book passes back and forth; the cu.stomer keeps it, but the dealer makes the entries.