Page:Black's Law Dictionary (Second Edition).djvu/888

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PASSIAGIARIUS

the performance of that contract, received under his care either upon the means of con- ue_i lines, or at the point of departure of that means of conveyance. Bi-icller v. Philadel- pbi.-1 & R. R. Co., 132 Pa. 1, 18 Ati 983, 19 Am. st. Rep. 58.1; Schepers v. Union Depot R. Co., 126 M0. 565, 29 s. W. 712; Pennsylvania R. Co. v Piice, 96 Pa. ..aG; The Mun v. “iillams, 152 U. S. 122, 14 Sup. Ct. 45!} .‘-o‘ L. D] 351; i\'oi'folk & W. It. CO. V. 'J.‘.iuncr. 100 Va. 379, 41 S. E. 721.

PASSIAGXARIUS. A terryman. Jacob.

PASSING-TICKET. In English law. A ililld of pi-imit, being a note or check which line toll-cieil-is on some canals give to the boatnien, spccitying the lading for which they h.iie paid toll. Wharton.

PASSXO. Pannage; a liberty for hogs to run in forests or woods to teed upon mast. Mon. Angl. 1, 682.

PASSION. In the definition of manslaughter as homicide committed without pi'emeih't:ition but under the influence of sudden "passlou,” this term means any intense and vehement emotional excitement of the kind prompting to violent and aggressive 210 tion, as, rage, anger, hatred, turious resent- meiit, or terror. See Stell v. State (Tex. Cr. App.) 58 S. W. 75: State 7. Johnson, 23 N. (J. 362, 35 Am. Dec. 742.

PASSIVE. As used in law, this term means inactive: permissive; consisting in eniiurance or submission, rather than action; and in some connections it carries the implication of being subjected to a burden or charge.

As to passive “Debt,” “Title,” "Trust," and “Use," see those titles.

PASSPORT. In international law. A document issued to a neutral merchant vessel, by her own government, duri.ng the progress of a war, and to be carried on the voyage. containing a siiflicient description of the vessel, master, voyage, and cargo to evi- dence her nationality and protect her against the cruisers of the belligerent powers. This paper is otherwise called a "pass," “sea- pass" "sea-letter." “sea-bi-let."

A license or safe-conduct, issued during the pro,'..'ress of a war, authorizing a person to remore himself or his eflects from the territory of one or the beiiigerent nations to another country, or to travel from country to country without arrest or detention on account of the Will‘.

In American law. A special instrument intended for the protection of American vessels against the Barbary powers. usually called a "Mediterranean pass." Jae. Sea Laws, 69.

880

PATENT

In modern European law. A warran of protection and authority to triivei, granted to persons moving from place to place, by the competent officer. Brande. ‘ I

PASTO. In Spanish law. Feulin - pasture; a right of pasture. White, New fink b. 2, tit. 1, (L6, 54.

PASTOR. Lat. A shepherd. Applied to a minister of the Christian religion, who has chaige or a congregation, hence called its "fiock.” See Fiist Presbyterian Church 1. Myers. 5 Okl. 809. 50 Pac. 70, 33 L. R. A. 083'.

PASTUEE. Land on which cattle are ted; also the right of pasture. Co. Litt. 40,

PASTUS. In tendal law. The prunintion or provision which tenants were bound to make for their lords at certain times, or an often as they made a piogiess to their lands. It was often converted into money.

PATEAT UNXVEESXS PER PRE- SENT]-JS. Know all men by these presents. Words with which letters of attorney ancient- ly commenced. Reg. orig. 3050, 306.

PATENT, ad]. Open; manifest; evident; unsealed. Used in this sense in such phrases as “patent ambiguity," “patent writ," "letters patent."

—Lettu-a patent. Open letters, as distin- guished from letters close. An instrument proceeding from the government, and conieylug a right. authority, or grant to an individual, an a patent for a tract of land, or for the exclu- sive right to make and sell a new invention. Familiarly termed a “patent." See International Tooth Crown Co. v. Hanks Dental Ass'n S). C) 111 Fed. 91S.—Pntent ambiguity.

ee AMaieUIri!.—-Patent defect. In sales of personal property, one which is plainly Vlfilbib or which can be discovered by such an inspection as would he made in the exercise of ordi- naiv care and prudence. See Lawson v. Baer, 52 l\' C. 461.—Pa.tent writ. In old practice. An open writ; one not closed or sealed up. See CLosn “/BITS.

PATENT, n. A grant of some privilege, property, or authority. made by the government or sovereign of a country to one or more individuals. Phil. Pat. 1.

In English law. A grant by the sovereign to a subject or subjects, under the great seal, conferring some authority, title. fracnhise, or property; termed "letters patent" from being delivered open, and not closed up from inspection.

In American law. The instrument by which a state or government grants public lands to an individual.

A grant made by the government to an in- ventor, conveying and seciiring to him the exclusive right to make and sell his hiventiou for a term of years. Atlas Glass Co. v. Sl- niouds Mfg. Co., 102 Fed. 647, 42 C. A.

554; Sociéte Anonyme v. General Electric Co.