Biline

Collateral.

Collateral. Bl UNGUIS. Using two languages. A term formerly applied to juries half of one nation and half of another. Plowd. 2. BILL (Lat billa). A complaint in writing addressed to the chancellor, or judges of a court exercising chancery jurisdiction. Its office in a chancery suit is the same as a declaration in an action at law, a libel in a court of admiralty, or an allegation in the spiritual courts. A bill formerly consisted of nine parts, which contained the address, to the chancellor, court, or judge acting as such; the this part of the bill merely is not sufheient; Ves. & B. 327; the statement of the plaintiffs case, called the stating part, which should contain a distinct though general statement of every material fact to which the plaintiff means to offer evidence; 1 Brown, Ch. 94; 3 P. Wms. 276; 2 Atk. 96; 1 Vern. 4S3; 11 Ves. Ch. 240; 2 Hare 264; James v. Mc Kernon, 6 Johns. (N. Y.) 565; Nesmith v. Calvert, 1 Woodb. & M. 34, Fed. Cas. No. 10,123; Story, Eq. PI. § 265 a; a general charge of confederacy; the allegations of the defendant's pretences, and charges in evidence of them; the clause of jurisdiction and an averment that the acts complained of are contrary to equity; a prayer that the defendant may answer the interrogatories, usually called the interrogating part; the prayer for relief; the prayer for process; 2 Madd. 166; Wright v. Wright, 8 N. J. Eq. 143; 1 Mitf. Eq. PI. 41. In England and in most, if not all, of the states, including those having a separate court of chancery, the formal style of the old English bill has fallen entirely into disuse. The form used and generally provided for by rule of court, is a concise and consecutive statement of the plaintiff's case in numbered paragraphs, stripped of technical phrases and verbiage, concluding with prayers, consecutively numbered, for answer, for account, if incidental or appropriate to the relief sought, for the special relief sought, as payment of sums found due, specific performance, etc., for injunction, if required, for other relief, and for process. By Equity Rule 25 of the United States Supreme Court, in effect February 1, 1913 (33 Sup. Ct. xxv), a bill must contain the names, citizenship and residence of the parties (with their disabilities, if any); a short and plain statement of the grounds of jurisdiction; a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence; reasons for the omission of any proper parties, if any be omitted; and a prayer for any special relief pending the suit or on final hearing, which may be stated in alternative forms. The bill must be signed by counsel; Davis v. Davis, 19 N. J. Eq. 180; 1 Dan. Ch. Pr. *312. It need not ordinarily be sworn to; but if special relief pending suit be asked, it must be verified by plaintiff, or some one having knowledge of the facts. Equity Rule 25 of S. C. of U. S. So, it is said, where some preliminary relief is required or in bills praying for the production of documents, incident to relief at law, or for relief in equity on a lost instrument; 1 Dan. Ch. Pr. *393, and cases cited in notes; so, bills to perpetuate testimony must have an affidavit of the circumstances under which the testiof no collusion; id. "394, n. 4. A bill filed by a corporation need not be under seal; Georges Creek Coal & Iron Co. v. Detmold, 1 Md. Ch. Dec. 371; City of Moundsville v. R. Co., 37 W. Va. 92, 10 S. E. 514, 20 L. B. A. 101; so also of a bill brought by a municipal corporation; City of Moundsville v. R. Co., 37 W. Va. 92, 16 S. E. 514, 20 L. R. A. 161. A bill filed by a woman need not show whether she is married or single; Paige v. Broadfoot, 100 Ala. tJ10, 13 South. 426. A bill in the United States district court must, in the prayer for a subpoena, contain the names of the defendants; otherwise it may be dismissed by the court of its own motion; City of Carlsbad v. Tibbetts, 51 Fed. 852. It is a fatal defect; Goebel v. Supply Co., 55 Fed. 825. But the new equity rules omit that provision. "A bill is not to be construed strictly as an indictment would have been 100 years ago, but is to be taken to mean what it fairly conveys to a dispassionate reader by a fairly exact use of English speech. The demurrer is to be read with the same liberality." Swift & Co. v. U. S., 196 U. S. 395, 25 Sup. Ct. 279, 49 L. Ed. 518, per Holmes, J. Bills are said to be original, not original, or in the nature of original bills. Original bills are those which do, and which do not, pray for relief. Story, Eq. PI. § 17. Those which pray for relief are either bills praying the decree or order touching some right claimed by the party exhibiting the bill, in opposition to some right, real or supposed, claimed by the party against whom the bill is exhibited, or touching some wrong done in violation of the plaintiff's right, which is the most common kind of bill; Mitf. Eq. PI. 34; 1 Dan. Ch. Pr. 305. Those which do not pray for relief are either to perpetuate testimony; to examine witnesses de bene esse; or for discovery. Bills not original are either supplemental; of revivor; or of revivor and sup/dement. Also a cross bill; a bill of review; a bill to impeach a decree; to suspend the operation, or -avoid the decree for subsequent matter; to carry a decree into effect; or partaking of the qualities of some one or all of them. See Mitf. Eq. PI. 35; Story, Eq. PI. § 18. Van Heythuysen (Equity Draftsman 444) designates these as bills in the nature of original bills, and adds to them: A bill in the nature of a bill of revivor, to obtain the benefit of a suit after abatement in certain cases which do not admit of a continuance of the original bill; and a bill in the nature of a supplement hill to obtain the benefit, of a suit either after abatement in other cases which do not admit of a continuance of the original bill, or after the suit is become defective, without abatement in cases which do not ad- For an account of these bills, consult the various titles. As a Contract. An obligation; a deed, whereby the obligor acknowledges himself to owe the obligee a certain sum of money or some other thing, in which, besides the names of the parties, are to be considered the sum or thing due, the time, place, and manner of payment or delivery thereof. It may be indented or poll, and with or without a penalty. West, Symb. § 100. This signification came to include all contracts evidenced by writing, whether specialties or parol, but is no longer in use except in phrases, such as bill payable, bill of lading. In Legislation. A special act passed by a legislature in the exercise of a quasi judicial power. Thus, bills of attainder, bills of pains and penalties, are spoken of. See Act; Bill of Attainder; Bill of Pains and Penalties. The draft of a law submitted to the consideration of a legislative body for its adoption. Southwark Bank v. Com., 2G Pa. 450. By the constitution of the United States, all bills for raising revenue must originate in the house of representatives; but the senate may propose or concur with aniendments as on other bills. See Munkv Bills. As to money bills in Parliament, see Parliamentary Act. Every bill, before it becomes a law, must be approved by the president of the United States, or within ten days returned, with his objections, to the house in which it originated. Two-thirds of each house may then enact it into a law. Similar provisions are copied in the constitutions of most of the states; U. S. Const, art. 1. § 7. In Mercantile Law. The creditor's written statement of his claim, specifying the items. It differs from an account stated In this, that a bill is the creditor's statement; an account stated is a statement which has been assented to by both parties. See Account Stated. In England it has been held that a bill thus rendered is conclusive against the party making it out against an increase of charge on any of the items contained in it; and strong evidence as to items; 1 B. & 1'. 49. But in New York it has been held that merely presenting a bill, no payment or agreement as to the amount being shown, does not conclude the party from suing for a larger sum; Williams v. Glenny, 16 N. Y. 3S9.

Collateral, v. En line, etc.

A word used by Britton in the sense of “collateral.” Hn line biline, in the collateral line. Britt. c. 119.

Collateral.

A word essentially English, used by Britton in the sense of collateral. JSn line biline; m the collateral line. Britt, c. 119. BILINGUI8. Lat. [from bis, twice, and lingiut, a tongue.]. Of a double language or tongue; that can speak two languages. A term applied in the old books to a jury composed partly of Englishmen and partly of foreigners, which, by the English law, an alien party to a suit is, in certain cases, entitled to; more commonly called a jury de medieiate Ungues, 3 Bl, Com, 360. 4'Stepk, Com, 422. Triatio bilinguis; a trial by such a jury. Molloy de Jut. Marit. 448. See I>e medietate Unguis, Half tongue.