Bill
Glossary of Technical Terms, Phrases, and Maxims of the Common Law · Frederic Jesup Stimson · 1881
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
A written statement or declaration; a complaint; a record; an account. The word has many special and limited meanings. I. In legal procedure. (Bill for cancellation: v. To perpetuate, 1. 13.) 1. Bill in chancery or equity: the of and praying relief or discovery. It is the usual mode of beginning a clianpery suit, and corresponds to the declaration in an action at law.
2.
Bill of conformity: a bill in equity filed by an executor or adminstrator against the creditors when the estate is so much involved that he cannot safely administer it without the direction of a court of chancery.
3.
Bill of costs: an itemized statement of the costs awarded the plaintiff or defendant in an action.
4.
Bill of discovery: a bill in equity praying for the disclosure of books, writings, or facts lying within the defendant's knowledge; and claiming no other relief except delay of a process or suit; y.
Discovery. 5.
Bill of exceptions: a statement of the directions given by the judge, or his decisions on points of law, to which the party excepting objects. Wlien signed by the judge, the bill becomes part of the record, and may be brought before the court in banc, or a superior court, for review.
6.
Bill of indictment: a written accusation of one or more persons of a crime or misdemeanor, presented to a grand jury. If they decide the accused ought to be tried, the return is made a " true bill," and thenceforward it is called the indictment. Otherwise the return is made " not a true bill," " not found," or "ignoramus" (we do not know).
7.
Bill of interpleader: when a person possesses goods or money under no claim of title, and two or more parties make such claim, he being in danger of a suit from one or both of them; he may have this bill in equity to force them to iuterplead, that is, to litigate the title among themselves, and get judgment which is conclusive upon all. In England, there is a summary process of interpleader at law.
8.
Bill of Middlesex: a civil process by which the Court of King's Bench sitting in Middlesex assumed jurisdiction in civil cases without an original writ from the Crown. It was founded on a fictitious trespass committed withiu the county, of which t Tie K. B. always had jurisdiction; and was a kind of capias. If the defendant was not in Middlesex, a writ of latitat issued on the return of uon est inventus (he has not been found) directed to the sheriff of the comity where he was, alleging that the defendant lurks and wanders about in such county. The true cause of action was introduced, in both writs, 9. Bill for trial: bill 'in grounds of fraud in nal Bill: the old method without a writ. It of a complaint, alleging V. Sill of Middlesex. statement of the demand or of the defendant's brought by one threatened persons based on the versy, to obtain a perpetual perpetuate testimony preserve the testimony ter which is not in plaintiff. The converse brought to destroy ously at some future title, to settle and possessor fears possible sion of another, who has be called (14.) Bills title also includes bills person having a future to such property or his of another. IS. Bill ing against any attorney liable to arrest.
16. ment in chancery, either 17.
Bill of revivor: which abated, as by tiff, before its proper one filed in addition to defect by new matter ment.
19.
Bill to brought to get the about to leave the esse.
30.
True bill: II. In legislation or ■mitted to a legislative obtaining the judgment.
10.
Bill or Origiof commencing an action in the K. B., resembled a declaration, and was in the form a fictitious trespass to give jurisdiction; 11. Bill of particulars: the itemized or debts for which an action is 'brought, set-off.
12.
Bill of peace: a bill in equity with a number of suits by one or more same claim, or iu Yolving the same controinjunction of such suits.
13.
Bill to: a bill in equity brought to obtain and of witnesses with reference to some matlitigation, nor can be put in litigation by the of a Bill for cancellation, which is evidence which may affect the plaintiff injuritime. So Bills to remove cloud upon confirm a title which is really good, when the injury from evidence or deeds in possesnot brought action. All these bills may quia timet (because he fears), which last filed by a remainderman of realty, or a interest in personalty, to prevent injury rights thereto from the neglect or default of privilege: the old method of proceedor officer of the court, who was not Bill of review: a bill to review a judgfor error or by reason of new evidence. one brought to continue a suit in equity death, or marriage of the (female) plainconsummation.
18.
Supplemental bill; an original bill in equity, to supply some which cannot be introduced by amendtake testimony de bene esse: a biU testimony of an aged or uifinn witness, or one country, to a suit already begun; v. De bene v. Bill, I. 6. constitutional law. The draft of a law subbody for enactment.
A special act
The act of Parliament or a legislature attainting a person; v. Attainder.
2.
Bill of indemnity: an act of Parliament passed every session for the relief of those who have, unwittingly or unavoidably, not taken the necessary oaths of ofloe.
3.
Bill of mortality: the list of deaths and births in a municipal district. These records were introduced in London about the time of the Plague; hence the expression was used to designate the city limits.
4.
Bill of rights: a legislative declaration of popular rights and liberties, especially that of 1 W. & M., st.
2, c. 2.