What is BILL? Definition of BILL in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
A formal declaration, complaint, or statement of particular things in writing.
As a legal term, this word has many meanings and applications, the more important of which are enumerated below.
- A formal written statement of complaint to a court of justice
In the ancient practice of the court of king's bench, the usual and orderly method of beginning an action was by a bill, or original bill, or plaint. This was a written statement of the plaintiff's cause of action, like a declaration or complaint, and always alleged a trespass as the ground of it, in order to give the court jurisdiction. 3 Bl.Comm. 43.
In Scotch law, every summary application in writing, by way of petition to the Court of Session, is called a "bill." Cent. Dict.
—Bill chamber. In Scotch law. A department of the court of session in which petitions for suspension, interdict, etc., are entertained. It is equivalent to sittings in chambers in the English and American practice. Paters. Comp.
—Bill of privilege. In old English law. A method of proceeding against attorneys and officers of the court not liable to arrest. 3 Bl.Comm. 289.
—Bill of proof. In English practice. The name given, in the mayor's court of London, to a species of intervention by a third person laying claim to the subject matter in dispute between the parties to a suit. - A species of writ
A formal written declaration by a court to its officers, in the nature of process.
—Bill of Middlesex. An old form of process similar to a capias, issued out of the court of king's bench in personal actions, directed to the sheriff of the county of Middlesex, (hence 'the name,) and commanding him to take the defendant and have him before the king at Westminster on a day named, to answer the plaintiff's complaint. - A formal written petition
To a superior court for action to be taken in a cause already determined, or a record or certified account of the proceedings in such action or some portion thereof, accompanying such a petition.
—Bill of advocation. In Scotch practice. A bill by which the judgment of an inferior court is appealed from, or brought under review of a superior. Bell.
—Bill of certiorari. A bill: the object of which is to remove a suit in equity from some inferior court to the court of chancery, or some other superior court of equity, on account of some alleged incompetency of the inferior court, or some injustice in its proceedings. Story, Eq.P1. (5th Ed.) § 298.
—Bill of evidence. Stenographer's transcript of testimony heard at trial and may be considered on appeal as bill of exceptions. Spencer v. Common wealth, 250 Ky. 370, 63 S.W.2d 288.
—Bill of exceptions. A formal statement in writing of the objections or exceptions taken by a party during the trial of a cause to the decisions, rulings, or instructions of the trial judge, stating the objection, with the facts and circumstances on which it is founded, and, in order to attest its accuracy, signed and sealed by the judge; the object being to put the controverted rulings or decisions upon the record for the information of the appellate court. Buessel v. U. S., C.C.A.Conn., 258 Fla. 811, 815.
It is designed to preserve and make a part of the record proceedings not otherwise of record. Yott v. Yott, 100 N.
E. 902, 903, 257 Iii. 419; It is only that part of the proceedings not embraced in the judgment roll. When the ends of justice require it, the terms "bill of exceptions" and "statement of case" are regarded as synonymous; Shawnee Commercial College v. Aydelotte, 38 P.2d 579, 581, 170 Okl. 15.
"Bill of exceptions" and "transcripts of evidence," how ever, are clearly distinguishable. The latter may contain no objection or exception, and nothing other than the evidence introduced on the trial; the former is, strictly speaking, only a record which points out alleged errors committed below in relation to evidence as well as other things. Broadway & Newport Bridge Co. v. Common wealth, 173 Ky. 165, 190 S.W. 715, 719. - In equity practice
A formal written complaint, in the nature of a petition, addressed by a suitor in chancery to the chancellor or to a court of equity or a court having equitable jurisdiction, showing the names of the parties, stating the facts which make up th., case and the complainant's allegations, averring that the acts disclosed are contrary to equity, and paying for process and for specific relief, or for suchrelief as the circumstances demand. Sharon v. Sharon, 67 Cal. 185, 7 P. 456.
—Bill for a new trial. A bill in equity in which the specific relief asked is an injunction against the execution of a judgment rendered at law, and a new trial in the action, on account of some fact which would render it inequitable to enforce the judgment, but which was not available to the party on the trial at law, or which he was prevented from presenting by fraud or accident, without concurrent fraud or negligence on his own part.
—Bill for foreclosure. One which is filed by a mortgagee against the mortgagor, for the purpose of having the estate sold, thereby to obtain the sum mortgaged on the premises, with interest and costs. 1 Madd.Ch.Pr. 528.
—Bill for fraud. The object and effect of it, even if the fraud consists of want of notice, are to vacate the former decree, not to retry the case. Caldwell v. Huffstutter, 173 Tenn. 225, 116 S.W.2d 1017, 1019.
—Bill in aid of execution. A bill to set aside encumbrances or conveyances therein specified as fraudulent. Pape v. Pareti, 42 N.E.2d 361, 364, 315
Ill.App. 1 ; Dean v. Torrence, 299 N.W. 793, 796, 299 Mich. 24.
—Bill in nature of a bill of review. A bill in equity, to obtain a re examination and reversal of a decree, filed by one who was not a party to the original suit, nor bound by the decree.
—Bill in nature of a bill of revivor. Where, on the abatement of a suit, there is such a transmission of the interest of the incapacitated party that the title to it, as well as the person entitled, may be the subject of litigation in a court of chancery, the suit cannot be continued by a mere bill of revivor, but an original bill upon which the title may be litigated must be filed. This is called a "bill in the nature of a bill of revivor." It is founded on privity of estate or title by the act of the party. And the nature and operation of the whole act by which the privity is created is open to controversy. Story, Eq.P1. §§ 378-380; 2 Amer. & Eng.Enc.Law, 271.
—Bill in nature of a supplemental bill. A bill filed when new parties, with new interests, arising from events happening since the suit was commenced, are brought before the court; wherein it differs from a supplemental bill, which is properly applicable to those cases only where the same parties or the same interests remain before the court. Story, Eq.P1. (5th Ed.) § 345 et seq.
—Bill in nature of interpleader. See Bill of Interpleader.
—Bill of conformity. One filed by an executor or administrator, who finds the affairs of the deceased so much involved that he cannot safely administer the estate except under the direction of a court of chancery. This bill is filed against the
creditors, generally, for the purpose of having all their claims adjusted, and procuring a final decree settling the order of payment of the assets. 1 Story, Eq.Jur. § 440.
—Bill of discovery. A proceeding by a party against an adversary for discovery of facts within adversary's knowledge, or discovery of documents, writings, or other things within his possession or power, to be used either offensively or defensively in a pending or contemplated action. Dallas Joint Stock Land Bank v. Rawlins, Tex.Civ.App., 129 S. W.2d 485, 486; First Nat. Bank v. Dade Broward Co., 171 So. 510, 125 Fla. 594.
In aid of action at law is equitable remedy to enable litigant to obtain, prior to trial, such information as is in exclusive possession of adverse party and is necessary to establishment of complainant's case. Yorkshire Worsted Mills v. National Transit Co., 325 Pa. 427, 190 A. 897, 898.
—Bill of information. Where a suit is instituted on behalf of the crown or government, or of those of whom it has the custody by virtue of its prerogative, or whose rights are under its particular protection, the matter of complaint is offered to the court by way of information by the attorney or solicitor general, instead of by petition. Where a suit immediately concerns the crown or government alone, the proceeding is purely by way of information, but, where it does not do so immediately, a relator is appointed, who is answerable for costs, etc., and, if he is interested in the matter in connection with the crown or government, the proceeding is by information and bill. Informations differ from bills in little more than name and form, and the same rules are substantially applicable to both. 3 Bl.Comm. 261.
—Bill of interpleader. The name of a bill in equity to obtain a settlement of a question of right to money or other property adversely claimed, in which the party filing the bill has no interest, although it may be in his hands, by compelling such adverse claimants to litigate the right or title between themselves, and relieve him from liability or litigation. Republic Casualty Co. v. Fischmann, 99 N.J.Eq. 758, 134 A. 179, 180.
—Bill of peace. One which is filed when a person has a right which may be controverted by various persons, at different times, and by different actions. Smith v. Cretors, 164 N.W. 338, 340, 181 Iowa 189.
—Bill of review. One which is brought to have a decree of the court reviewed, corrected, or reversed. Dodge v. Northrop, 85 Mich. 243, 48 N.W.
505. It is in the nature of a writ of error. Rubin v. Midlinsky, 327 Ill. 89, 158 N.E. 395.
It is equitable procedure to procure explanation, alteration, or reversal of final decree by court which rendered it. People v. Sterling, 357 Ill. 354, 192 N.E. 229, 234.
The object of a "bill of review" and of a bill in nature of a bill of review in the old chancery practice was to procure a reversal, modification, or explanation of a decree in a former suit. Barz v. Sawyer, 159 Iowa 481, 141 N.W. 319, 321.
A "bill of review," or a bill in the nature of a bill of review, are of three classes; those for error appearing on the face of the record, those for newly discovered evidence, and those for fraud impeaching the original transaction. Moore v. Shook, 276 Ill. 47, 114 N.E. 592, 593. Such bills are peculiar to courts of equity at common law. Satter- white v. State, 149 Ark. 147, 231 S.W. 886, 887.
—Bill of revivor. One which is brought to con- tinue a suit which has abated before its final con- summation, as, for example, by death, or marriage of a female plaintiff. Brooks v. Laurent, C.C.A. Fla., 98 F. 647, 39 C.C.A. 201.
—Bill of revivor and supplement. One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plaintiff, or the like, but supplies any defects in the original bill arising from subsequent events, so as to entitle the party to relief on the whole merits of his case. Westcott. Bowie v. Minter, 2 Ala. 411.
—Bill quia timet. A bill invoking the aid of equity "because he fears," that is, because the complainant apprehends an injury to his property rights or interests, from the fault or neglect of another. Bisp.Eq. § 568; 2 Story, Eq.Jur. § 826.
Such bills are entertained to guard against possible or prospective injuries, and to preserve the means by which existing rights may be protected from future or contingent violations; differing from injunctions, in that the latter correct past and present or imminent and certain injuries. De Carli v. O'Brien, 41 P.2d 411, 416, 150 Or. 35, 97 A.L.R. 693.
—Bill to carry a decree into execution. One which is filed when, from the neglect of parties or some other cause, it may become impossible to carry a decree into execution without the further decree of the court. Hind, Ch.Pr. 68; Story, Eq.P1. § 42.
—Bill to perpetuate testimony. A bill in equity filed in order to procure the testimony of witnesses to be taken as to some matter not at the time be- fore the courts, but which is likely at some future time to be in litigation. Story, Eq.P1. (5th Ed.) § 300 et seq.
—Bill to quiet possession and title. Also called a bill to remove a cloud on title (q. v.), and though sometimes classed with bills quia timet or for the cancellation of void instruments, they may be resorted to in other cases when the complainant's title is clear and there is a cloud to be removed; Maguire v. City of Macomb, 293 Ill. 441, 127 N.E. 682, 686.
—Bill to suspend a decree. One brought to avoid or suspend a decree under special circumstances.
—Bill to take testimony de bene esse. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is actually commenced, where there is good cause to fear that the testimony may otherwise be lost before the time of trial. 2 Story, Eq.Jur. § 1813, n.
—Cross-bill. One which is brought by a defendant in a suit against a plaintiff in or against other de- fendants in the same suit, or against both, touch-
ing the matters in question in the original bill. Story, Eq.P1. § 389; Mitf.Eq.P1. 80.
It is a bill brought by a defendant against a plaintiff, or other parties in a former bill depending, touching the matter in question in that bill. It is usually brought eith- er to obtain a necessary discovery of facts in aid of the de- fense to the original bill, or to obtain full relief to all par- ties in reference to the matters of the original bill. It is to be treated as a mere auxiliary suit. Kidder v. Barr, 35 N.
H. 251; Blythe v. Hinckley, C.C.Cal., 84 F. 234. A species of pleading, used for the purpose of obtaining a discovery necessary to the defense, or to obtain some relief founded on the collateral claims of the party defendant to the orig- inal suit. Tison v. Tison, 14 Ga. 167. Also, if a bill of ex- change or promissory note be given in consideration of another bill or notice, it is called a "cross" or "counter" bill or note. Landon v. Public Utilities Commission of Kansas, D.C.Kan., 234 F. 152, 167.
—Supplemental bill. A bill to bring before the court matters arising after the filing of the orig- inal bill or not then known to complainant. Puget Sound Power & Light Co. v. City of Seattle, C.C. A.Wash., 5 F. (2d) 393. See Bill in nature of a supplemental bill. - In legislation and constitutional law
The word means a draft of an act of the legis- lature before it becomes a law; a proposed or projected law. A draft of an act presented to the legislature, but not enacted. Hubbard v. Lowe, D. C.N.Y., 226 F. 135, 137. Also a special act passed by a legislative body in the exercise of a quasi judicial power. Scudder v. Smith, 331 Pa. 165, 200 A. 601, 604.
The word "bill" may mean the bill as it is first intro- duced in one of the houses of the legislature, or it may re- fer to it at any time in any of its stages until finally passed. People v. Brady, 262 Ill. 578, 105 N.E. 1, 4. An act is the appropriate term for it, after it has been acted on by, and passed by, the legislature. Herbring v. Brown, 92 Or. 176, 180 P. 328, 330. Thus, bills of attainder, bills of pains and penalties, are spoken of.
—Bill of attainder. See Attainder.
—Bill of indemnity. ' In English law. An act of parliament, passed every session until 1869, but discontinued in and after that year, as having been rendered unnecessary by the passing of the promissory oaths act, 1868, for the relief of those who have unwittingly or unavoidably neglected to take the necessary oaths, etc., required for the purpose of qualifying them to hold their respective offices. Wharton.
—Bill of pains and penalties. A special act of the legislature which inflicts a punishment, less than death, upon persons supposed to be guilty of treason or felony, without any conviction in the ordinary course of judicial proceedings.
It differs from a bill of attainder in this : that the pun- ishment inflicted by the latter is death.
—Private bill. One dealing only with a matter of private personal or local interest. Lowell, Gov. of Eng. 266.
All legislative bills which have for their object some par- ticular or private interest are so termed, as distinguished from such as are for the benefit of the whole community, which are thence termed "public bills." People v. Chau- tauqua County, 43 N.Y. 17.
—Private bill office. See Private.
—Private member's bill. One of a public nature introduced by a private member;—distinguished from a private bill, which is one dealing only with a matter of private .personal or local interest. Lowell, Gov. of Eng. 266. - A solemn and formal legislative declaration of popular rights and liberties
Promulgated on certain extraordinary occa- sions, as the famous Bill of Rights in English history.
—Bill of rights. A formal and emphatic legislative assertion and declaration of popular rights and liberties usually promulgated upon a change of government; particularly the statute 1 W. & M. St. 2, c. 2. Also the summary of the rights and liberties of the people, or of the principles of con- stitutional law deemed essential and fundamental, contained in many of the American state constitu- tions. Hamill v. Hawks, C.C.A.Okl., 58 F.2d 41, 47. That portion of Constitution guaranteeing rights and privileges to the individual. Brown v. State, 219 Ind. 251, 37 N.E.2d 73, 77, 137 A.L.R. 679. - In the law of contracts
An obligation; a deed, whereby the obligor ac- knowledges himself to owe to the obligee a cer- tain sum of money or some other thing. It may be indented or poll, and with or without a penalty.
—Bill obligatory. A bond absolute for the pay- ment of money. It is called also a "single bill," and differs from a promissory note only in having a seal. See Bill penal. Bank v. Greiner, 2 Serg. & R. (Pa.) 115.
—Bill of debt. An ancient term including promis- sory notes and bonds for the payment of money. Com.Dig. "Merchant," F. 2.
—Bill penal. A written obligation by which a debtor acknowledges himself indebted in a certain sum, and binds himself for the payment thereof, in a larger sum, called a "penalty." Bonds with conditions have superseded such bills in modern practice. They are sometimes called bills obliga- tory, and are properly so called; but every bill obligatory is not a bill penal. Comyns, Dig. Ob- ligations, D; Cro.Car. 515. See 2 Ventr. 106, 198.
—Bill single. A written promise to pay to a per- son or persons named a stated sum at a stated time, without any condition. When under seal, as is usually the case, it is sometimes called a "bill obligatory," ( q. v.) It differs from a "bill penal," ( q. v.) in that it expresses no penalty. - In commercial law
A written statement of the terms of a contract, or specification of the items of a transaction or of a demand; also a general name for any item of indebtedness, whether receivable or payable.
Accounts for goods sold, services rendered, or work done. Newman v. San Antonio Traction Co., Tex.Civ.App., 155 S.W. 688, 690.
As a verb, as generally and customarily used in commercial transactions, "bill" is synonymous with "charge" or "invoice." George M. Jones Co. v. Canadian Nat. R. Co., D.C.Mich., 14 F.2d 852, 855.
—Bill-book. In mercantile law. A book in which an account of bills of exchange and promissory notes, whether payable or receivable, is stated.
—Bill-head. A printed form on which merchants and traders make out their bills and render ac- counts to their customers.
—Bill of lading. In common law. The written evidence of a contract for the carriage and de- livery of goods sent by sea for a certain freight. Mason v. Lickbarrow, 1 H.B1. 359. A written memorandum, given by the person in command of a merchant vessel, acknowledging the receipt on board the ship of certain specified goods, in good order or "apparent good order," which he under- takes, in consideration of the payment of freight, to deliver in like good order (dangers of the sea excepted) at a designated place to the con- signee therein named or to his assigns. Devato v. Barrels, D.C.N.Y., 20 Fed. 510.
The term is often applied to a similar receipt and under- taking given by a carrier of goods by land. A bill of lad- ing is an instrument in writing, signed by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or directing that the freight be de- livered to the order or assigns of a specified person at a specified place. See Civil Code Cal. § 2126a; Aman v. Dover & Southbound R. Co., 179 N. C. 310, 102 S.E. 392, 393;
Rudin v. King-Richardson Co., 143 N.E. 198, 201, 311. Ill.
513. It is receipt for goods, contract for their carriage, and is documentary evidence of title to goods. Schwalb v. Erie R. Co., 293 N.Y.S. 842, 846, 161 Misc. 743.
A clean bill of lading is one which contains nothing in the margin qualifying the words in the bill of lading itself. 61 Law T. 330; Creery v. Holly, 14 Wend. (N.Y.) 26; Sayward v. Stevens, 3
Gray (Mass.) 97.
An order bill of lading is one in which it is stated that goods are consigned to order of any person named therein. F. L. Shaw Co. v. Cole- man, Tex.Civ.App., 236 S.W. 178, 180.
A straight bill of lading is one in which it is stated that goods are consigned to a specified per- son. Atlantic Coast Line R. Co. v. Roe, 91 Fla. 762, 109 So. 205, 207.
A through bill of lading is one by, which a rail- road contracts to transport over its own line for a certain distance carloads of merchandise or stock, there to deliver the same to its connecting lines to be transported to the place of destination at a fixed rate per carload for the whole distance. Gulf, C. & S. F. R. Co. v. Vaughn, 4 Willson, Ct. App.Tex. § 182, 16 S.W. 775.
—Bill of parcels. A statement sent to the buyer of goods, along with the goods, exhibiting in de- tail the items composing the parcel and their sev- eral prices, to enable him to detect any mistake or omission; an invoice.
—Bill of sale. In contracts. A written agreement, formerly limited to one under seal, by which one person assigns or transfers his right to or interest in goods and personal chattels to another. Wilson.
v. Voche, 172 S.E. 672, 48 Ga.App. 173. An instru- ment by which, in particular, the property in ships and vessels is conveyed. Young v. Stone, 70 N.Y.S. 558, 61 App.Div. 364. See Grand bill of sale, infra.
—Bill payable. In a merchant's accounts, all bills which he has accepted, and promissory notes which he has made, are called "bills payable," and are entered in a ledger account under that name, and recorded in a book bearing the same title. See West Virginia Pulp & Paper Co. v. Karnes, 137 Va. 714, 120 S.E. 321, 322.
—Bill receivable. In a merchant's accounts, all notes, drafts, checks, etc., payable to him, or of which he is to receive the proceeds at a future date, are called "bills receivable," and are entered in a ledger-account under that name, and also noted in a book bearing the same title. State v. Robinson, 57 Md. 501. Miami Coal Co. v. Fox, 203 Ind. 99, 176 N.E. 11, 16, 79 A.L.R. 333.
—Bill rendered. A bill of items rendered by a creditor to his debtor; an "account rendered," as distinguished from "an account stated." Hill v. Hatch, 11 Me. 455.
—Grand bill of sale. In English law. The name of an instrument used for the transfer of a ship while she is at sea. An expression which is under- stood to refer to the instrument whereby a ship was originally transferred from the builder to the owner, or first purchaser. 3 Kent, Comm. 133. - In the law of negotiable instruments
A promissory obligation for the payment of money.
Standing alone or without qualifying words, the term is understood to mean a bank note, United States treasury note, or other piece of paper cir- culating as money. Green v. State, 28 Tex.App. 493, 13 S.W. 785.
—Bill of credit. In constitutional law. A bill or promissory note issued by the government of a state or nation, upon its faith and credit, designed to circulate in the community as money, and re- deemable at a future day. Hale v. Huston, 44 Ala. 138, 4 Am.Rep. 124. In mercantile law. A license or authority given in writing from one person to another, very common among merchants, bank- ers, and those who travel, empowering a person to receive or take up money of their correspondents abroad.
—Bill of exchange. A written order from A. to B., directing B. to pay to C. a certain sum of mon- ey therein named. Byles, Bills, 1. An open ( that is, unsealed) letter addressed by one person to another directing him, in effect, to pay, absolutely and at all events, a certain sum of money therein named, to a third person, or to any other to whom that third person may order it to be paid, or it may be payable to bearer or to the drawer him- self. 1 Daniel, Neg.Inst. 27.
An unconditional order in writing addressed by one per- son to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Clayton Town-Site Co. v. Clayton Drug Co., 147 P. 460, 20 N.M. 185; Smythe v. Sanders, 101 So. 435, 436, 136 Misc. 382; Sometimes called a "trade ac- ceptance." Jones v. Revere Preserving Co., 247 Mass. 225, 142 N.E. 70, 71.
A "check" differs from a "bill of exchange" in that it is always drawn on a deposit whereas a bill is not. Wilson v. Buchenau, D.C.Cal., 43 F.Supp. 272, 275.
—Domestic bill of exchange. A bill of exchange drawn on a person residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the residence of the drawer and drawee which must determine whether a bill is domestic or foreign. Ragsdale v. Franklin, 25 Miss. 143. See, also, Inland bill of exchange.
—Foreign bill of exchange. A bill of exchange drawn in one state or country, upon a foreign state or country. See Story, Bills, § 22; 3 Kent, Comm. 94, note.
A bill of exchange drawn in one country upon another country not governed by the same homogeneous laws, or not governed throughout by the same municipal laws. A bill of exchange drawn in one of the United States upor a person residing in another state Is a foreign bill.
—Inland bill of exchange. One of which the drawer and drawee are residents of the same state or country. Miller v. American Gold Mining Co., 3 Alaska, 1. See Domestic bill of exchange. - In maritime law
The term is applied to contracts of various sorts, but chiefly to bills of lading and to bills of adventure.
—Bill of adventure. A written certificate by a merchant or the master or owner of a ship, to the effect that the property and risk in goods shipped on the vessel in his own name belong to another person, to whom he is accountable for the proceeds alone.
—Bill of gross adventure. In French maritime law. Any written instrument which contains a contract of bottomry, respondentia, or any other kind of maritime loan. There is no corresponding English term. Hall, Marit. Loans, 182, n.
—Bill of health. An official certificate, given by the authorities of a port from which a vessel clears, to the master of the ship, showing the state of the port, as respects the public health, at the time of sailing, and exhibited to the authorities of the port which the vessel next makes, in token that she does not bring disease.
If the bill alleges that no contagious or infectious disease existed, it is called a "clean" bill; if it admits that one was suspected or anticipated, or that one actually pre- vailed, it is called a "touched" or a "foul" bill. - In revenue law and procedure
The term is given to various documents filed in or issuing from a custom house, principally of the sorts described below.
—Bill of entry. An account of the goods entered at the custom-house, both incoming and outgoing. It must state the name of the merchant exporting or importing, the quantity and species of mer- chandise, and whither transported, and whence.
—Bill of sight. When an importer of goods is ignorant of their exact quantity or quality, so that he cannot make a perfect entry of them, he may give to the customs officer a written description of them, according to the best of his information and belief. This is called a "bill of sight."
—Bill of store. In English law. A kind of license granted at the custom-house to merchants, to carry such stores and provisions as are necessary for their voyage, custom free. Jacob.
—Bill of sufferance. In English law. A license granted at the custom-house to a merchant, to suffer him to trade from one English port to an- other, without paying custom. Cowell. - In criminal law A bill of indictment, see infra.
—Bill of appeal. An ancient, but now abolished, method of criminal prosecution. See Battel.
—Bill of indictment. A formal written document accusing a person or persons named of having committed a felony or misdemeanor, lawfully laid before a grand jury for their action upon it. State
v. Ray, Rice (S.C.) 4, 33 Am.Dec. 90. See Present- ment.
If the grand jury decide that a trial ought to be had, they indorse on it "a true bill;" if otherwise, "not a true bill" or "not found." - In common-law practice
An itemized statement or specification of par- ticular details, especially items of cost or charge. .
of costs. A certified, itemized statement of the amount of costs in an action or suit. Doe v. Thompson, 22 N.H. 219.
By the English usage, this term is applied to the state- ment of the charges and disbursements of an attorney or solicitor incurred in the conduct of his client's business, and which might be taxed upon application, even though not incurred in any suit. Thus, conveyancing costs might be taxed. Wharton.
—Bill of particulars. In practice. A written state- ment or specification of the particulars of the de- mand for which an action at law is brought, or of a defendant's set-off against such demand, (in- cluding dates, sums, and items in detail,) furnished by one of the parties to the other, either' volun- tarily or in compliance with a judge's order for that purpose. 1 Tidd, Pr. 596-600; 2 Archb.Pr. 221; Ferguson v. Ashbell, 53 Tex. 250; Baldwin v. Gregg, 13 Metc. (Mass.) 255.
It is designed to aid the defendant in interposing the proper answer and in preparing for trial, by giving him de- tailed information regarding the cause of action stated in the complaint. Wetmore v. Goodwin Film & Camera Co., ( D.C.) 226 F. 352, 353. It is neither a pleading nor proof of the facts therein contained, Nilson v. Ebey Land Co., 90 Wash. 295, 155 P. 1036, and is not for the purpose of dis- covering evidence, nor to find what plaintiff knows, but what he claims, Intermountain Ass'n of Credit Men v. Mil- waukee Mechanics' Ins. Co., 44 Idaho 491, 258 P. 362, 363. A bill of particulars is not designed to uphold an insuffi- cient indictment, but to give accused fair notice of what he is called on to defend. Clary v. Commonwealth, 163 Ky. 48, 173 S. W. 171, 173. People v. Bain, 359 Ill. 455, 195 N.E.42. - In English law
A draft of a patent for a charter, commission, dignity, office, or appointment.
Such a bill is drawn up in the attorney general's patent bill office, is submitted by a secretary of state for the King's signature, when it is called the "King's bill," and is then countersigned by the secretary of state and sealed by the privy seal, and then the patent is prepared and sealed. Sweet.
For Exchequer Bills, see that title.
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