Pass

In Practice. To proceed; to be entered. A verdict or judgment is said "to pass for" a party where it is delivered in his favor. This term is directly taken from the old French passer. In Conveyancing. To go from one person to another; to be transferred. "The names of things by which they pass in assurances.'' Hale, Anal. § xxiv. " By what names things pass." Id. § xxxv. To convey or transfer. "To pass an estate." "Effectual words to pass the interest." Id. § xxxv. "The passing of estates." Id.

A certificate given to a slave, by his master or mistress, in which it is stated that he is permitted to leave his home with their authority. The paper on which such certificate is written. In Practice. To be given or entered: as, let the judgment pass for the plaintiff. To become transferred: thus, the title to goods passes by the sale whenever the parties have agreed upon the sale and the price, and nothing remains to be done to complete the agreement; 1 Bouvier, Inst. n. 939. To decide upon. When a jury decide upon the rights of the parties, which are in issue, they are said to pass upon them. The constitutions of various states forbid the issue of free passes on railroads, except in certain cases, as does the interstate commerce act A contract to issue free railroad passes to one in consideration of his grant of land to a railroad company is not within the prohibition of the interstate commerce act; Curry v. R. Co., 58 Kan. 6, 48 Pac. 579; so where the consideration is a release of damages for personal injury; Louisville & N. R. Co. v. Mottley, 133 Ky. 652, 118 S. W. 982; but it way of the railroad company; Slater v. R. Co., 2 Inters. Com. R. 243; and where such passes were issued on account of interstate traffic furnished by the recipients, on the ground that it afforded transportation at less than established rates; Milk Producers’ Protective Ass’n v. R. Co., 7 Inters. Com. R. 163; so where newspaper employes were employed on interstate trains to sort newspapers for quick delivery at stations, receiving return transportation to the starting point; In re Free Transp. of Newspaper Employes, 12 Inters. Com. R. 15. Furnishing transportation in payment of newspaper advertising is a violation of the amended interstate commerce act; U. S. v. R. Co., 163 Fed. 114; so under a like state act; Hicks Print. Co. v. R. Co., 138 Wis. 584, 120 N. W. 512; Mc Neill v. R. Co., 132 N. C. 510, 44 S. E. 34, 67 L. R. A. 227, 95 Am. St. Rep. 641; unless the advertising was equal to the transportation; Hicks Print. Co. v. R. Co., 138 Wis. 584, 120 N. W. 512. The interstate commerce act, as amended, provides that railroad companies may give free carriage to their own officers and employes, and the principal officers may exchange passes or tickets with each other; see American Exp. Co. v. U. S., 212 U. 8. 535, 29 Sup. Ct. 315, 53 L. Ed. 635. See Interstate Commerce Commission; Passenger.

v. 1. In practice. To utter or pronounco; as when the court passes sentence upon a prisoner. Also to proceed; to be rendered or given; as when judgment is said to pass for the pluintiff in a suit. 2. In legislative parlance, a bill or resolution is said to pass when it Is agreed to or enacted by the house, or when the body has sanctioned its adoption by the requisite majority of votes; in the same circumstances, the body ls said to pass the bill or motion. 3. 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 detained or sent back for inacouracy or imperfection. Brown. 4. The term also means to examine into anything and then authoritatively determine the disputed questions which it involves. In this sense a jury is said to pass upon the rights or issues in litigation before them. 5. In the language of conveyancing, the term means to move from one person to another; to be transferred or conveyed from one owner to another; as in the phrase "the word 'heirs' will pass the fee." 6. To publish; utter; transfer; circulate; impose fraudulently. This is the meaning of the word when the offense of passing counterfeit money or a forged paper is spoken of. "Pass," "utter," "publish," and "sell" are in some respecte convertible terms, and, in a given 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 delivery of a note to another for value, with intent that it shall be put into circulation as money. U. S. v. Nelaon, 1 Abb. (U. S.) 135, Fed. das. No. 15,861. Passing a paper la putting it off in payment or exchange. Uttering it is a declaration that it is good, with an intention to pass, or an offer to pass it.

To convey or transfer, as an estate; to put off in payment or exchange, as money; to decide upon, to pronounce, as upon evidence or a case; to approve, as an account; to continue to another time, as a case in a list or docket; to go from one person to another, to be transferred, as a title; to be entered, as a verdict or judgment; to receive approval, as a legislative bill.

1. To undergo an examination without being rejected: as, to pass an account. To examine and approve: as, to pass a title. ' Smith V. Swormstedt, 16 How. 303 (1853), cases. ' Shields v. Barrow, 17 How. 1.19 (1854), Curtis, J. ' Ribon V. Eailroad Companies, 16 Wall. 450 (1872), Swayne, J. ' Williams v. Bankhead, 19 Wall. 571 (1873), Bradley, J.; Payne v. Hook, 7 id. 431 (1868), Davis, J.; Mc Arthur V. Scott, 113 U. S. 392 (188S); Cono Uy v. Wells, 38 F. E. 207-9 (1887), cases; Lynohburgh Iron Co. v. Tayloe, 79 2. To receive approval: as, for a bill, an act, a law, to pass one or both houses of legislation, and be signed by the Executive.' An act of a legislatiu^e is " passed" only when it has gone through the forms necessary by the constitution to give it validity as a binding rule of conduct. Its passage dates from the time when it ceases to be a mere proposition or bill, and passes into a law.' The reference may be to the time when the act is to take effect.' See Act, 8. 3. To continue to another call or list: as, to pass a case. 4. To decide upon, to pronounce: as, for a jury to pass upon the weight of the testimony or the merits of a case, and for a court to pass upon a question of law, or to pass sentence upon a convicted offender. 5. To go from one person to another, to become transf eri-ed: as, in saying that a title passes by delivery of a deed or by descent, and that incidents pass with the principal. See Descend. 6. To put off in payment or exchange as money: as, to pass counterfeit or forged paper. " Pass " a note may include utter, publish, and sell. '* Utter and pass" includes any delivery for value, with intent that it shall be put into circulation as money. ^ Compare Utter, 3. Pass and repass. See Travel.

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.