Page:Black's Law Dictionary (Second Edition).djvu/143

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BILL

is understood to refer to the instrument where-_ by a ship was originally transferred from the builder to the owner, or first purchaser. ‘ Kent, Counm. 133.

9. in the law of negotiable instruments. A promissory obligation for the payment of money.

Standing alone or without qualifying words.

i- term is understood to mean a bunk note, l‘i...'tul Si-ales treasury note, or other piece of . circulating as money. Green v. State. 23 ex. App. 493, 13 S. W. 755; Keith v. Jones, ‘) .‘i,ohns. (N. Y.) 121; Jones v Enles, 4 Muss. 2:3... —Bili of exchange. A written order from A. to i3.. directing 13. to ay to C. EL certain sum ni money tliereili namedli Byles. Bills. 1. .-\n rpm (that is. Iinst-nled) letter addressed by one p-rson to another directing him. in eliect, to pay. uhilutely 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 himself. 1 Daniel, Neg. inst. ‘."i'. A bill of exchange is an instrument. nego- iiuhle in form, by which one, who is called the ‘ilriiviei-." requests another, called the “drn\\ee." in pay a sp -iiicd sum of money. Civil Code I.‘-oi § . A bill of exchange is an order Ii_v one per n. called the “dran.er" or “mnl<cr," in another. called the “drawce" or “accept0l'." in pay money to another, (who may be the

‘drawer himself.) called the "payee," or his or-

iil'i'. nr tn the bearer. If the payee, or a I)Pfll'K‘l‘, (masters the bill by indorseriient. he then he- "1.Itl'5 the "indorser." If the drnu or or dimvee iuulzs out of this state, it is then calii-ii a “lcrvign hill of exchange.” (lode (la. 1-SS2. § ' T —Bill of credit. In constitutional law. A hill or promissory note issued by the govem- uir-at of a state or nation. upon its faith and -vwlit. designed to circulate in the community -is money‘, and redeemable at a future day. i’.r'isL-oe v. Bank of Kentucky, 11 Pet. 271, 9 L. Ed. 70‘) Craig v. Mi ouri. 4 Pet. 431 7 L. E11. 90 Hole v. Huston. 44 Ala. 138, 4 Am. ltep. In mercantile law. A license or iiuihnrity given in writing from one person to -imther, very common among meri‘ha.nt.s, bank- era, and those who travel, empowering a person in receive or talie up money of their corrr-sponiients nhrond.—Domestic bill of ex- change. A bill of exchange drawn on a person ri-siiling in the same state with the drawer; or iiteil at a place in the state, and drama on ti person living within the state. It is the residence of the drawer and druwee which must ii'.‘I€l'lTlil'iE Whether it hi "s domestic or foreign. ll.i Fliflie v. Franklin, Miss. 1-13.-—I'oreign [iii of exchange. A hill of exchange drown in "'18 state or country, upon a foreign state or country. A bill of exchange drawn in one -wnlry upon another country not governed by lie same homogeneous iaus, or not governed Ii..II‘II:iJ0I'li, by the some municipal laws. A bill rt exchange drawn in one of the United Nah-s upon a person residing in another state

ii foreign hill. See Story, Bills. § 22; 3

cut. Comm. 94, note; Buckner v. Fiuicv, 2 i‘rl 536. 7 L. Ed. 528; Duncan v. Course. 1 WI. Cnnst. (S. O.) 100: Phtcnix Bank v. Hussey. 12 Pick. (Mass) 484.

10. in maritime law. The term is applied to contracts of voilous sorts, but chiefly to Lil‘: of hiding (see supra) and to hills of ad- inonire (see infra.)

-3111 of adventure. A written certificate lay a merchant or the master or owner of n ir':'p to the efiert that the property and risk in I591! shipped on the vessel in his own name i||'iDi]g to another peison, to whom he is account-

135

{{anchor+|.|BILL

able for the proceeds alone.— ill of gross ndventnre. In French mari me law. Any written instrument which contains 3. contract of bottomry, respond:-ntiiz, or any other kind of maritime loan. There is no corresponding English term. Hull. Marit. owns. 182. n. —Biil of health. An official cer I ate. given by the authorities of a port from Wi.li(I} 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 pm: which the vessel next makes. in token that she does not bring disease, if the hill alleges that no contagious or infectious disease existed, it is called a ‘‘clean bill if it admits that one was suspected or anti ated, or that one actually prevailed, it is caiied I “touched” or a "foul" hi.ii.

11. In revenue low and procedure, the term is given to various documents filed in or issuing from a custom house, principally of the sorts deserihcd below.

-—Bil1 of entry. An account of the goods entered at the custom house. both incoming and outgoing. it must state the name of the mer- chant exporting or importing, the quantity and species of nierchanrlise, and whither transported. nnd whence.—I!iJl of sight. \’Vhen an impoi ter of goods is ignorant of their exact quantity or quality. so that he cannot make a perfect entry of tilt‘l'II. he may give to the customs ollicur a wiittcn description of them, according to the best of his inioimatiuu nnd hciief. This is called a "hill of sig'ht"—Bill of lture. in English law. A kind of license gl':'iilII3~Ii at the custom-house to merehants, to carry sut stores and provisions as are necessary for their voy- nge custom free. Jocob.—Bi1i of sulferanoe. In English law. A license granted at the \IIS- tom-house to a merchant, to suffer him to trade from one English port to another, without paying custom. (Jowcll.

12. In crhniiial law, a bill of indictment, see infra.

—Bill of indictment. A formal Written document €iC(‘1iHlllg a PI rson or persons named of having Committed a felony or D.liS(il‘LuL'l1l.|Ul'. inw- fully laid before a grand jury for their actuin upon it. If the grand jliry decide that a trial ought to be had. tbey inilorse on it “a true bill ;" if otherwise. "not a true bill" or “not found."—Stnte v. liay, ltice (S. U.) 4. 33 Am. Dec 90.—BiJl of appeal. An ancient, but now abolished, method of criminal prosecution. See Bxrrnn.

13. In common-law practice. An itemized stziteuient or S[)C(‘ifiC21I.i0l.\ of particular demils, especially items of cost or charge.

—Biil of costs. A certified, itemized statement of the amount of costs in an action or suit. Doe v. Thompson. 22 N. ii. 219. By the Eng- Lish usage, this term is applied to the statement of the charges and disbursements of an utterney or solicitor incurred in the conduct of his ciient‘s business, and which might be taxed upon application. even though not incurred in any suit. Thus. conveyancing costs might be taxed. Wharton.—BiJ1 of particulars. In practice. A written statement or spicification of the particulais of the demand for which an action at law is brought, or of a defendant's set-oh‘ against such demand, (including dates, sums, and items in detail.) furnished by one of the parties to the other, either voluntarily or in compliance with a judge's order for that purpose. 1 'l‘idd. P1-_ .'i96—fl0t): 2 Arrlib. l-‘r. 221; Ferguson v. Ashbell. 53 T " Metc. (Mass) 1. 0.

vi

0; Buiiluin v. Gregg, 13 M