Page:Black's Law Dictionary (Second Edition).djvu/142

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BILL

Kidder v. Barr. 35 N. ll. 25] ; Blythe v. Hlnck- ley (C. O.) 84 I‘ d 54 A cross-hill is a species

ie . . of pleading. used for the purpose of ohtaining a discovery necessary to the defense, or to ob- tain some relief founded on the collateral claims of the party defendant to the original suit. Tison v. Tison. 14 Ga 167. Also, if a bill of ange or promissory note be given in conside ion of another bill or note. it is called a “cross" or “counter" bill or note.

5. In legislation and cnnstitutioiiai law, the word means :1 draft of an act (if the leg- islature before it becomes a law; a proposed or projected law. A draft of an act presented to the legislature, but not enacted. An act is the appropriate term for it, after it has been acted on by, and passed by, the legislature. Sontliwark Bank v. Oonin.i., :26 Pa. 450; Sodizwlck County Com'rs v. Bailey, 13 Kan. 1105; May v. Rice. 91 Ind. :'i-l‘.'): State v. Hegeman, 2 Pennewlll (Del.) 147. 4-1 .\t.l, all. Also a special act passed by a log- islathe body in the exercise of a quasi ju- (ll|.'lt\l poiver. Thus, hills of attmudcr, bills of pains and penalties, are spoken of.

—Bili of attainder, see A'r'rAINnI:ii.—Bil1 of indemnity. in ‘us b law. An act of parlia-

_ on until 1SIiD, but dis- ]: and after that year, as liaiing been rendered uniieressary by the p ssing of the promissory oaths act, 1805, for the relief of tbuse who have iinivittlngly or unuvoidrihiy neglccted to take the not-r,-ss-iry oaths. etc.. required for the purpose of |]ll.'lllf)ll’lg them to hold their respective offices. W'harton.—CBil1 of pain: and penalties. A special act of the legislature wliirh inflicts a punishment. less than vleath, upon persons siipposetl to be guilty of Il'(‘lsUl! or felony, without any movie on in the ordinary course of judicial proceed it differs from a bill of attaindc-r in th. . that the 1-unisliment inflictcd by the latter is death.- Private bill. All legislative hills which have for their ohjcct some paiticulnr or private interest are so termed, as distinguished from 5lIL_ll as are for the benefit of the whole cominunitv. which are thence termed “public hills." See People v. Chaiitaiiqiia County. 43 N. Y. 17. —-Private bill office. An nflice of the linglish parliament Where the llllSliJl‘SS of obtaining private acts of parliament is conducted.

'2 In < rc .1

6. A solemn and formal legislative dec- laration of popular rights and liberties, promulgated on certain extraordinary occaslons, as the famous Bill of Rights in Eng- iisn history.

-Bill of rights. A formal and emphatic le=,'- isiaiive assertion and declaration of popiilar rights and liiierties usually promulgated upon a ehan_:e of .‘!0VCl‘liniEll[ - particularly the statute 1 W. & M. St 2. Also the summary of the rights and liherti of the people, or of the principles of constitutional law deemed cs- .-:1-ntiul and fundamental, contained in many of the .-imrrimn state constitutions:-Enson v. Hlare. a -\rk. 491; Atchison St. It. Co. v. ]\fissouri P.ic. It. 00.. 31 Knn. 661. 3 Pac. 23-1: (in v. Quimby. 54 N. H. 613.

'7. In the law of contracts, an oiilitzation: a deed, whereby the obligor acknowledges himself to owe to the oiiligee a Certain sum of money or some other thing. It may be indented or poll, and with or without a pennlty. —-Bill obligatory. payment, of money.

A hond absolute for the It is called also a “single

134

{{anchor+|.|BILL

bill." and dlifers from a promissory note only in having a seiil.—Banl( v. Greiner, 2 Serg.

It. (l’ii.) ll5.—Bil.1 of debt. An ancient term including promissory notes and bonds for the

_ payment of money. Com. Dig. "Merchant," F.

2.—Bil1 penal. A written obligation by which £1 dehtor acknowledge-s himself indebted in a certain sum, and binds himself for the payment thereof. in a larger sum, called a “peniilty." —Bill single. A written promise to pay to a person or persons named a stnted sum at a stated time, Without any condition. When under seal, as is liSIl)Ill_\’ the case it is sometimes called a "hill ohligrttory," (q. 11.) It ilifieia from a “bill penal," (q. i:.,) in that it expresses no penalty.

8. In commercial law. A written state ment of the terms of a coniract, or specification of the items of a transaction or of a denruid: also a general name for any item of indebtedness. Whether receivable or pay- able.

—Bi1l-‘book. in mercantile law. A book in which an Ei(‘CD|ll|t of hills of exchange and prom issory limos, whether payable or reccnable. is st.-\teil.—Bi].1-heml. A printed form on 'lilClJ merchants .ind traders mltke out their hills and I'F'i]|lll' accounts to l'hEi'l' custom:-rs.—Bill of lnding. in Lornmon lnvv. The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight Mason v. Lir-klmrrow. 1 H. Bl . A written mi-in~ orandum. given by the person in command of a merchant res--cl, acknowledging the receipt on board the ship of certain specified goods. in good order or "apparent good order," which hi iinilwtiilies. in consideration of the payment 01 fie: to deliver in like good order (dangers of the sea excepted) at a designated place to tin consignee therein named or to is ass Dc

vnto v. Baireis (D C.) 20 Fed. 510: Gafle v. Jaqurtli. 1 Lans. (N. Y.) 210: The Delaiinre. 14 (100. ( Dd. '

carrier or his agent. descrihing the freight so a. to idnntifv ir, srating the name of the cou- si,r.rnnr, the terms of the contract for carriiizv: and agreeing or directing that the freight lit d ' ernd to the order or assigns of a specifier‘ n at a specified place. tlivil (‘ode (‘ail ii Civil Code Dak. § 1‘ _’9.—'.Bil.1 of par- A statement sent to i e buyer of goods

cell. along with the goods, exhibiting in detail the

items composing the parcel and their several prices. to enable him to detect any mistake or omi .' an invnicrx—Bi.ll of sale. in conti ct . Ii written asru-nicnt under seal, hy vihich one person assigns or trnnsrnrs his righf to or interest in goods and per‘ "'1l ciiati‘- to another. An instrument by \-illlch. '11 particular, the property in ships and vessel '

i-oiirvv d Putnam v. li[('Donald. 72 Vt. 47 Hi. 1.i9; Young v. Stone. 61 App. Div. 364. 70 N. Y. Supp. 5'i8—Biil payalile. In a

merchant's accounts, all hills which he has accepted, and promissory notes which he has made. are called “bills payable." and are entered in a ledger account under that mime, and recorded in a hook bearing the same title.—Bil1 receiv- able. In a iiierc-hnnt's accounts, all notes. drafts. cheeks. etc.. payable to him, or of which he is to l'L‘l'llye the proceeds at a future date. are called “hills receivable." and are entered in a ledger-account under that name, and also llDlI‘ll in a book he'i|'llig the same title. State v. Roliinson, 57 Md. 501.—Bi.ll rendered. A bill of items tendered by a crcdiior to his debtor: an "account rendered." as distinguished from “an account stated." Hill v. Hatch. 11 Me. 455. —G1'iu1d bill of sale. In English law. The name of an insiriinient used for the transfer of

in ship while she is at sea. An expression winch