Bill

SUPPLEMENTAL. See Supplemental Bill. BILL TO CARRY A DECREE INTO EX-

or ORIGINAL BILL.

In old English practice. The ancient and most usual mode of commencing actions in the English Court of King's Bench. It was otherwise called a plaint, and was a written statement of the plaintiff's cause of action, always alleging a trespass as the ground of it; in order to enable the court to entertain the action. Boote's Suit at Law, 13, 14. 1 Arch. Pr. 337. 1 Crompt, Pr, Introd. Ixxxi, (xxxv). It resembled the modem declaration, which was probably copied from it, and is frequently termed on the record, the plaintiff's bill. Actions commenced in this way, not bemg founded upon an original writ, were said to be by bill, or by bill, without writ. See Breve, Original writ. Both modes of proceeding, by bill and by writ, are now abolished by the effect of the statute 2 Will. IV. c. 39, and a new method substituted. 3 Steph. Com. 404, 406, note (/).

chancery ‘practice, is a complaint in writing addressed to the chancellor, containing the names of the parties to the suit, both complainant and defendant, a statement of the facts on which the complainant relies, and the allegations which he makes, with an averment that the acts complained of are contrary to equity,.and a prayer for relief and proper process. Its office in a chancery suit, is the same as a declaration is in action at law, a libel in a court of admiralty, or an allegation in the spiritual courts. A bill usually consists of nine parts, Ist, The address, which must be to the chancellor. 2dly, The second part consists of the names of the plaintiffs and their descriptions; but the description of the parties in this part of the bill does not, it seems, constitute a sufficient averment, so "as to put that fact in issue; 2 Ves. & Bea. 327. adly, The third is called the premises or stating part of the bill, and contains the plaintiff’s case. 4thly, In the fourth place is a general charge of confederacy. 5Sthly, The fifth part consists of allegations of the defendant’s pretences, and charges in evidence of them. 6thly, The sixth contains the clause of jurisdiction, and an averment that the acts complained of are contrary to equity. 7thly, The seventh part consists of a prayer that the interrogatory part. Sthly, The prayer for relief sought forms the eighth part. And, 9thly, The ninth part is a prayer for process. 2 Madd. Ch. 166; Blake’s Ch. Pr. 35; 1 Mitf. Pl. 41. The facts contained in the bill must, as far as known to the complainant, be swern to be true, and such as are not known to him, he must swear. he believes to be true. And it must be signed by counsel. 2 Madd. Ch. Pr. 167.. Bills, with their several kinds and distinctions, may be divided into three clauses.or heads; 1, Original bills; 2, Auxihary bills; and, 3, Bills in the nature of original bills. 1. Original bills related to some matters not before litigated in. the court by the same persons, standing under the same interests, under which the following may be ranged: bills praying the decree of the court, &c.—of interpleader—of certiorari —to perpetuate the testimony of witnesses—of discovery of facts— of quta timet—of peace—and of information. See these several titles below... 2. Auxiliary bills which are filed in aid of original bills; under this class may be placed bills of revivor— and of revivor and supplement. 3. Bills in the nature of original bills, being sometimes auxiliary, and sometimes otherwise,- and those which tend to oppose or seek the benefit of former bills, such as cross bills—bills of review—in the nature of bills of review—to impeach a decree on the ground of fraud—to carry a decree in a former suit in execution—in the nature of bills of revivor—in the nature of supplemental bills—to suspend the operation of decrees, and also bills. filed by the direction of the court for the purpose of obtaining its decrees. To the first class may be added, marshal assets—and bills of foreclosure.