Page:Black's Law Dictionary (Second Edition).djvu/140

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BILAN

{{anchor+|.|BILAN. A term used in Louisiana, de- rived from the French. A book in which bankers. lnerchants, and traders write a statement of all they owe and all that is due them; a balance-sheet. See Dauphin v. Sou- iie, 3 liiart. (N. S.) 446.

{{anchor+|.|BILANCIIS DEFERI-INDIS. In English law. An obsolete wi'it arlclressed to a coi'porat‘lon for the carrying of weights to such a haven, there to Weigh the wool an-

cleiitly licensed for transportation. Reg. Orig. 270. {{anchor+|.|BILATERAL CONTRACT. A term,

used originally in the civil law, but now generally adopted, denoting a contract in which both the contracting parties are bound to fulfill obligations reciprocally towards each other; as a contract of sale, where one becomes bound to deliver the thing sold, and the other to pay the price of it. Montpelier Seminary v. Smith, 89 Vt. 382. 38 Atl. 68.

"Every convention properly so called consists of a promise or mutual romisrs proffered and accepted. Where one on y of the_agreeing parties gives a promisn, the conicntion is said to be ‘unilateral.’ Wherever mutual promises are pi-offered and accepted, there are. in slrictness, two or more conventions. But where the performance of eitlier of the promises is made to depend on the performance of the other, the S(.‘V(‘I'lli conventions are commonly deemed one coniention, and the convention is then said to he ‘bilateral.’ " ‘lust. Jur. § 303.

{{anchor+|.|BILGI-ID. In admiralty law and marine insurance. That state or condition of a vessel in which water is freely admitted through holes and breaches made in the planks of the bottom, occasioned by injuries, whether the ship's timbers are broken or not. Peele v. Insurance 00., 3 Mason, 27, 39, 19 Fed. Cas. 103.

{{anchor+|.|BILINE. A word used by Britfon in the sense of "collateral." En line biline, in the collateral line. Britt. c. 119.

{{anchor+|.|BILINGUIS. Of a double language or tongue: that can speak trru languages. A term applied in the old books to a jury composed partly of Englishmen and partly of loreigiiers, Which, by the English law, an alien party to a suit is, in certain cases. entitled to: more commonly called a “jury do nicilicmte liriguiz." 3 BL Comm. 360; 4 Steph. Comm. 422.

{{anchor+|.|BILL. 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.

1. A formal written statement of complaint to a court of justice.

In the ancient practice of the court or king‘s bench, the usual and orderly method of beginning an action was by a bill, or orig- inal hill, or plnint. This was a written state-

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{{anchor+|.|BILL

ment of the plalntifis cause of action, like 1 declaration or complaint, and always alleged I1 trespass as the giuund of it. in order to give the court jurisdiction. 3 Bl. Comm. 43.

In Scotch law. every sumiinry application in writing, by way of petition to the

Court, of Session, is called a “bill." Cent. Dict. —Bi.ll chamber. In Scotch law. A depart-

monl; of tbe_ court of session in which petitions ior_suspension, interiiict. etc., are entertained. It is equivalent to sittings _in chambers in the English and Anici-ican practice. l'atei-s. Comp. —Bill of privilege. In old English law. A method of proceeding against attorneys and ot- ficcrs of the (curt not liable to arrcst. 3 Bl. C_0mrn. 2s9.—-i3i1i_nr proof. In English practice. The name given, in the m-iyor's court oi London, to_a specie of intervention by a lbird person laying claim to the subject-matter in dispute between the parties to a suit.

2. 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 copies, issued out of the court of king's hench in personal actions, directed to the slieriif of the county of Middlesex, (‘hence the name.) and commanding him to take the defend- ant ant] have him before the king at Westminster on a day named. to answer the plaintiffs complaint. State v. Mathews, 2 Brev (S. G.) 83: Sims v. Alderson. 8 Leigh (Va.) 484.

8. A formal written petition to a superior court for action to be taken in a cause al- ready determined, or a record or certified account of the proceedings in such action or some portion thereof, accompanying such a petition.

—Bi1l of ndvocntion. In Scotch practice. A bill by which the judgment of an inferior court is appealed from, or brought under review of a superior. Beli.—Bil1 of can-tin:-ax-i. A bill. the object of \\ hich is to remove a suit in equity from some inferior court to the court of chacnery, 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. Pl. (5th Ed.) § 298.—Bill of exceptions. A formal statement in writing of the objections or exceptions taken by Ii party during the trial of a cause to the decisions, rulings, or instructions of the trial judge, stating the objection, with the facts and circum- stances on which it is founded, and, in o I to attest its accuracy, signed and scaled by the judge; the object being to put the controverted rulings or decisions upon the record for the in- formation of the appellate court. Ex parte Crane. 5 Pet. 193. 8 L. Ed. 92: Galvin v. Stat 56 Ind. 56: Goxe v. Field. 13 N. J. Law, 2 ' ; Sackett v. Mccord. 23 A111. 854.

4. In equity practice. A formal written complaint, in the nature of a Detltion, addressed by a suitor in chancery to the chacnellor or to a court of equity or a court having equitable jurisdiction, showing the names of the parties. stating the facts which make up the case and the complainant's alie gations, averring that the acts disclosed are contrary to equity, and praying for process and for specific relief, or for such relief as the circumstances demand. U. S. v. Ambrose. 108 U. S. 336, 2 Sun Ct 682-. 27 L.

Ed. 746; Feeney v. Howard, 79 CAL 525, 21