| Noun | 1. | bill - a statute in draft before it becomes law; "they held a public hearing on the bill"Synonyms: measure |
| 2. | bill - an itemized statement of money owed for goods shipped or services rendered; "he paid his bill and left"; "send me an account of what I owe" | |
| 3. | bill - a piece of paper money (especially one issued by a central bank); "he peeled off five one-thousand-zloty notes"Synonyms: bank bill, bank note, banker's bill, banknote, Federal Reserve note, government note, greenback, note | |
| 4. | bill - the entertainment offered at a public presentation | |
| 5. | bill - a list of particulars (as a playbill or bill of fare) | |
| 6. | bill - an advertisement (usually printed on a page or in a leaflet) intended for wide distribution; "he mailed the circular to all subscribers" | |
| 7. | bill - horny projecting mouth of a bird | |
| 8. | bill - a sign posted in a public place as an advertisement; "a poster advertised the coming attractions" | |
| 9. | Synonyms: billhook | |
| 10. | bill - a brim that projects to the front to shade the eyes; "he pulled down the bill of his cap and trudged ahead" | |
| Verb | 1. | bill - demand payment; "Will I get charged for this service?"; "We were billed for 4 nights in the hotel, although we stayed only 3 nights" Synonyms: charge |
| 2. | bill - advertise especially by posters or placards; "He was billed as the greatest tenor since Caruso" | |
| 3. | bill - publicize or announce by placards Synonyms: placard |
BILL, legislation. An instrument drawn or presented by a member or committee to a legislative body for its approbation and enactment. After it has gone through both houses and received the constitutional sanction of the chief magistrate, where such approbation is requisite, it becomes a law. See Meigs, R. 237.
BILL, chancery practice. 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 in an action at law, a
libel in a court of admiralty or an allegation in, the spiritual courts.
2. A bill usually consists of nine parts. 1. The address, which must be
to the chancellor, court or judge acting as such. 2. 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. 3. The third part is called the premises or stating part of the
bill, and contains the plaintiff's case. 4. In the fourth place is a general
charge of confederacy. 5. The fifth part consists of allegations of the
defendant's pretences, and charges in evidence of them. 6. The sixth part
contains the clause of jurisdiction and in averment that the acts complained
of are contrary to equity. 7. The seventh part consists of a prayer that the
parties answer the premises, which is usually termed the interrogatory part.
8. The prayer for relief sought forms the eighth part. And, 9. The ninth
part is a prayer for process. 2 Mad. Ch. 166; Blake's Ch. P. 35; 1 Mitf. Pl.
41. The facts contained in the bill, as far as known to the complainant,
must, in some cases, be sworn 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; Story, Eq. Pl. Sec. 26 to 47; and for cases requiring an
affidavit, see, 3 Brow. Chan. Cas. 12, 24, 463; Bunb. 35; 2 Brow. 11 1 Fow.
Proc. 256 Mitf. Pl. 51; 2 P. Wms. 451; 3 Id. 77; 1 Atk. 450; 3 Id. 17, 132;
3 Atk. 132 Preced. in Ch. 332 Barton's Equity, 48 n. 1, 53 n. 1, 56 n. 1 2
Brow. Ch. Cas. 281, 319; 4 Id. 480
3. Bills may be divided into three classes, namely: 1. Original bills.
2. Bills not original. 3. Bills in the nature of original bills.
4. - 1. An original bill is one which prays the decree of the court,
touching some right claimed by the person exhibiting the bill, in opposition
to some right claimed by the person against whom the bill is exhibited.
Hinde, 19; Coop. Eq. Pl. 43. Original bills always relate to some matter not
before litigated in the court by the same persons, and standing in the same
interests. Mitf. Eq. Pl. by Jeremy, 34; Story, Eq. Pl., Sec. 16. They may be
divided into those which pray relief, and those which do not pray relief.
5. - 1st. Original bills praying relief are of three kinds. First.
Bills Praying the decree or order of the court, 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. Mitf. Eq.
Pl. 32.
6. - Secondly. A bill of interpleader, is one in which the person
exhibiting it claims no right in opposition to the rights claimed by the
person against whom the bill is exhibited, but prays the decree of the court
touching the rights of those persons, for the safety of the person
exhibiting the bill. Hinde, 20; Coop. Eq. Pl. 43; Mitf. Pl. 32. The
Practical Register defines it to be a bill exhibited by a third person, who,
not knowing to whom he ought of right to render a debt or duty, or pay his
rent, fears he may be hurt by some of the claimants, and therefore prays be
may interplead, so that the court may judge to whom the thing belongs, and
he be thereby safe on the payment. Pr. Reg. 78; Harr. Ch. Pr. 45; Edw. Inj.
393; 2 Paige, 199 Id. 570; 6 John. Ch. R. 445.
7. The interpleader has been compared to the intervention (q. v.) of
the civil law. Gilb. For. Rom. 47. But there is a striking difference
between them. The tertius in our interpleader in equity, professes to have
no interest in the subject, and calls upon the parties who allege they have,
to come forward and discuss their claims: the tertius of the civil law, on
the other hand, asserts a right himself in the 'Subject, which two persons
are at the time actually contesting, and insists upon his right to join in
the discussion. A bill of interpleader may be filed, though the party has
not been sued at law, or has been sued by one only of the conflicting
claimants, or though the claim of one of the defendants is actionable at
law, and the other in equity. 6 Johns. Chan. R. 445. The requisites of a
bill of this kind are, 1. It must admit the want of interest in the
plaintiff in the subject matter of dispute. 2. The plaintiff must annex an
affidavit that there is no collusion between him and either of the parties.
3. The bill must contain an offer to bring the money into court, when there
is any due; the want of which is a ground of demurrer, unless the money has
actually been paid into court. Mitf. Eq. Pl. 49; Coop. Eq. Pl. 49; Barton,
Suit in Eq. 47, note 1. 4. The plaintiff should state his own rights, and
thereby negative any interest in the thing in controversy; and also should
state the several claims of the opposite parties; a neglect on this subject
is good cause of demurrer. Mitf. Eq. Pl. by Jeremy, 142; 2 Story on Eq. Sec.
821; Story, Eq. Pl. 292. 5. The bill should also show that there are persons
in esse capable of interpleading, and setting up opposite claims. Coop. Eq.
Pl. 46; 1 Mont. Eq. Pl. 234; Story, Eq. Pl. Sec. 295; Story on Eq. Sec. 821;
1 Ves. 248. 6. The bill should pray that the defendants set forth their
several titles, and interplead, settle, and adjust their demands between
themselves. The bill also generally prays an injunction to restrain the
proceedings of the claimants, or either of them, at law; and, in this case,
the bill should offer to bring the money into court and the court will not
in general act upon this part of the prayer, unless the money be actually
brought into court. 4 Paige's R. 384 6 John. Ch. R. 445.
8. Thirdly. A bill of certiorari, is one praying the writ of certiorari
to remove a cause from an inferior court of equity. Coop. El q. 44. The
requisites of this bill are that it state, 1st. the proceedings in the
inferior court; 2d. the incompetency of such court, by suggesting that the
cause is out of its jurisdiction; or that the witnesses live out of its
jurisdiction; or are not able, by age or infirmity, or the distance of the
place, to follow the suit there or that, for some other cause, justice is
not likely to be done-, 3d. the bill must pray a writ of certiorari, to
certify and remove the record and the cause to the superior court. Wyatt,
Pr. Reg. 82; Harr. Ch. Pr. 49; Story, Eq. Pl. Sec. 298. This bill is seldom
used in the United States.
9. - 2d. Original bills not praying relief are of two kinds. First,.
Bills to secure evidence, which are bills to perpetuate the testimony of
witnesses or bills to examine witnesses de bene esse. These will be
separately considered.
10. - 1. A bill to perpetuate the testimony of witnesses, is one which
prays leave to examine them, and states that the witnesses are old, infirm,
or sick, or going beyond the jurisdiction of the court, whereby the party is
in danger of losing the benefit of their testimony. Hinde, 20. It does not
pray for relief. Coop. Eq. Pl. 44.
11. In order to maintain such a bill, it is requisite to state on its
face all the material facts to support the jurisdiction. It must state, 1.
the subject-matter touching which the plaintiff is desirous of giving
evidence. Rep. Temp. Finch, 391; 4 Madd. R. 8, 10. 2. It must show that the
plaintiff has some interest in the subject-matter, which may be endangered
if the testimony in support of it be lost; and a mere expectancy, however
strong, is not sufficient. 6 Ves. 260 1 Vern. 105; 15 Ves. 136; Mitf. Eq.
Pl. by Jeremy, 51 Coop. Eq. Pl., 52. 3. It must state that the defendant
has, or pretends to have, or that he claims an interest to contest the title
of the plaintiff in the subject-matter of the proposed testimony. Coop. Pl.
56; Story, Eq. Pl. Sec. 302. 4. It must exhibit some ground of necessity for
perpetuating the evidence. Story, Eq. Pl. Sec. 303 Mitf. Eq. Pl. by Jeremy,
52, 148 and note y; Coop. Eq. Pl. 53. 5. The right of which the bill is
brought to perpetuate the evidence or testimony, should be described with
reasonable certainty in the bill, so as to point the proper interrogations
on both sides to the true merits of the controversy. 1 Vern. 312; Coop. Eq.
Pl. 56. 6. It should pray leave to examine the witnesses touching the matter
stated, to the end that their testimony maybe preserved and perpetuated.
Mitf. Pl
52. A bill to perpetuate testimony differs from a bill to take testimony
de bene esse, in this, that the latter is sustainable only when there is a
suit already depending, while the former can be maintained only when no
present suit can be brought at law by the party seeking the aid of a court
to try his right. Story, Eq. Pl. Sec. 307. The canonists had a similar rule.
According to the canon law, witnesses could be examined before any action
was commenced, for fear that their evidence might be lost. x, cap. 5
Boehmer, n. 5 8 Toull. n. 23.
12. - 2. Bill to take testimony de bene esse. This bill, the name of
which is sufficiently descriptive of its object, is frequently confounded
with a bill to perpetuate testimony; but although it bears a close analogy
to it, ,it is very different. Bills to perpetuate testimony can be
maintained only, when no present suit can be maintained at law by the party
seeking the aid of the court to try his right; whereas bills to take
testimony de bene esse, are sustainable only in aid of a suit already
depending. 1 Sim. & Stu. 83. The latter may be brought by a person who is in
possession, or out of possession; and whether he be plaintiff or defendant
in the action at law. Story, Eq Pl. Sec. 307 and 303, note; Story on Eq.
1813, note 3. In many respects the rules which regulate the framing of bills
to perpetuate testimony, are applicable to bills to take testimony ae bene
esse.
13. - Secondly. A bill of discovery, emphatically so called, is one
which prays for the discovery of facts resting within the knowledge of the
person against whom the bill is exhibited, or of deeds, writings, or other
things in his custody or power. Hinde, 20; Blake's Ch. Pr. 37. Every bill,
except the bill of certiorari, may in truth, be considered a bill of
discovery, for every bill seeks a disclosure of circumstances relative to
the plaintiff's case; but that usually and emphatically distinguished by
this appellation is a bill for the discovery of facts, resting in the
knowledge of the defendant, or of deeds or writings, or other things in his
custody or power, and seeking no relief in consequence of the discovery.
14. This bill is commonly used in aid of the jurisdiction of some other
court as to enable the plaintiff to prosecute or defend an action at law.
Mitf. Pl. 52. "The plaintiff, in this species of bill, must be entitled to
the discovery he seeks, and shall only have a discovery of what is necessary
for his own title, as of deeds he claims under, and not to pry into that of
the defendant. 2 Ves. 445. See Blake's Ch. Pr. 45 Mitf. Pl. 52 Coop. Eq. Pl.
58 1 Madd. Ch. Pr. 196 Hare on Disc. passim Wagr. on Disc. passim.
15. The action ad exhibendum, in the Roman law, was not unlike a bill of
discovery. Its object was to force the party against whom it was instituted,
to exhibit a thing or a title in his power. It was always preparatory to
another, which was always a real action in the sense of the word in the
Roman law. See Action ad exhibendum; Merlin, Questions de Droit, tome i. 84.
16. - II . Bills not original. These are either in addition to, or a
continuance of an original bill, or both. Mitf. c. 1, s . 2; Story, Eq. Pl.
Sec. 388; .4 Bouv. Inst. n. 4100.
17. - 1st. Of the first class are, 1. A supplemental bill. This bill is
occasioned by some defect in a suit already instituted, whereby the parties
cannot obtain complete justice, to which otherwise the case by their bill
would have entitled them. It is used for the purpose of supplying some
irregularity discovered in the formation of the original bill, or some of
the proceedings there upon; or some defect in a suit, arising from events
happening since the points in the original were at issue, which give an
interest to20persons not parties to the suit. Blake's Ch. Pr. 50. See 3
Johns. Ch. R. 423.
18. It is proper to consider more minutely 1. in what cases such a bill
may be filed; 2. its particular requisites.
19.- 1. A supplemental bill may be filed, 1st. whenever the imperfection
in the original bill arises from the omission of some material fact, which
existed before the filing of the bill, but the time has passed in which it
can be introduced into the bill by amendment,, Mitf. Eq. Pl. 55, 61, 325 but
leave of court must be obtained, before a bill which seeks to change the
original structure of the bill, and to introduce a new and different case,
can be filed. 2d. When a party necessary to the proceedings has been
omitted, and cannot be admitted by an amendment. Mitf. Eq. Pl. 61 6 Madd. R.
369; 4 John. Ch. R. 605. 3d. When, after the court has decided upon the suit
as framed, it appears necessary to bring some other matter before the court
to obtain the full effect of the decision; or before a decision has been
obtained, but after the parties are at issue upon the points in the original
bill, and witnesses have been examined, (in which case, an amendment is not
in general permitted,) some other point appears necessary to be made, or
some additional discovery is found requisite. Mitf. Eq. Pl. by Jeremy, 55;
Coop Eq. Pl. 73; 3 Atk. R. 110; 12 Paige, R. 200. 4th. When new events or
new matters have occurred since the filing of the bill; Coop. Eq. Pl. 74;
these events or matters, however, are confined to such as refer to and
support the rights and interests already mentioned in the bill. Story, Eq.
Pl. Sec. 336.
20. - 2. The supplemental bill must state the original bill, and the
proceedings thereon and when it is occasioned by an event which has occurred
subsequently to the original bill, it must state that event, and the
consequent alteration with regard to the parties. In general, the
supplemental bill must pray that all defendants appear and answer the
charges it contains. Mitf. Eq. Pl. by Jeremy, 75 Story, Eq. Pl. Sec. 343.
21. - 2. A bill of revivor, which is a continuance of the original bill,
when by death some party to it has become incapable of prosecuting or
defending a suit, or a female plaintiff has by marriage incapacitated
herself from suing alone. Mitf. Pl. 33, 70; 2 Madd. Ch. Pr. 526. See 3
Johns. Ch. R. 60: Story, Eq. Pl. Sec. 354, et. seq.
22. - 3. A bill of revivor and supplement. This is a compound of a
supple-mental bill and bill of revivor, and not only continues the suit,
which has abated by the death of the plaintiff, or the like, but supplies
any defects in the original bill, arising from subsequent events, so as to
entitle the party to relief on the whole merits of his case. 5 Johns. Ch R.
334; Mitf. Pl. 32, 74.
23. - 2d. Among the second class may be placed, 1. A cross bill. This is
one which is brought by a defendant in a suit against the plaintiff,
respecting the matter in question in that bill. Coop. Eq. Pl. 85 Mitf. Pl.
75.
24. A bill of this kind is usually brought to obtain, either a necessary
discovery, or full relief to all the parties. It frequently happens, and
particularly if any questions arises between two defendants to a bill, that
the court cannot make a complete decree without a cross bill, or cross bills
to bring every matter in dispute completely before the court, litigated by
the proper parties, and upon proper proofs. In this case it becomes
necessary for some one of the defendants to the original bill to file a bill
against the plaintiff and other defendants in that bill, or some of them,
and bring the litigated point properly before the court.
25. A cross bill should state the original bill, and the proceedings
thereon, and the rights of the party exhibiting the bill which are necessary
to be made the subject of a cross litigation, or the grounds on which he
resists the claims of the plaintiff in the original bill, if that is the
object of the new bill.
26. A cross bill may be filed to answer the purpose of a plea puis
darrein continuance at the common law. For example, where, pending a suit,
and after replication and issue joined, the defendant having obtained a
release and attempted to prove it viva voce at the bearing, it was
determined that the release not being in issue in the cause, the court could
not try the facts, or direct a trial at law for that purpose, and that a new
bill must be filed to put the release in issue. Mitf. Pl. 75, 76 Coop. Eq.
Pl. 85; 1 Harr. Ch. Pr. 135.
27. A cross bill must be brought before publication is passed on the
first bill, 1 Johns. Ch. R. 62, and not after, except the plaintiff in the
cross bill go to the hearing on the depositions already published; because
of the danger of perjury and subornation, if the parties should, after
publication of the former depositions, examine witnesses, de novo, to the
same matter before examined into. 7 Johns. Ch. Rep. 250; Nels. Ch. R. 103.
28. - 2. A bill of review. Bills of review are in the nature of writs of
error. They are brought to have decrees of the court reviewed, altered, or
reversed, and there are two sorts of these bills. The first is brought where
the decree has been signed and enrolled and the second, where the decree has
not been signed and enrolled. 1 Ch. Cas. 54; 3 P. Wms. 371. The first of
these is called, by way of preeminence, a bill of review; while the other is
distinguished by the appellation of a bill in the nature of a bill of
review, or a supplemental bill iii the nature of a bill of review. Coop. Eq.
Pl. 88; 2 Madd. Ch. Pr. 537.
29. A bill of review must be either for error in point of law; 2 Johns.
C. R. 488; Coop. Eq. Pl. 89; or for some new matter of fact, relevant to the
case, discovered since publication passed in the cause; and which could not,
with reasonable diligence, have been discovered before. 2 Johns. C. R. 488;
Coop. Eq. Pl. 94. See 3 Johns. R. 124,
30. - 3. Bill to impeach a decree on the ground of fraud. When a decree
has been obtained by fraud, it may be impeached by original bill, without
leave of court. As the principal point in issue, is the fraud in obtaining
it, it must be established before the propriety of the decree can be
investigated, and the fraud must be distinctly stated in the bill. The
prayer must necessarily be varied according to the nature of the fraud used,
and the extent of its operation in obtaining an improper decision of the
court. When the decree to set aside a fraudulent decree has been obtained,
the court will restore the parties to their former situation, whatever their
rights may be. Mitf. Eq. Pl. 84; Sto. Eq. Pl. Sec. 426.
31. - 4. Bill to suspend a decree. The operation of a decree may be
suspended under special circumstances, or avoided by matter subsequent to
the decrees upon a new bill for that purpose. See 1 Ch. Cas. 3, 61 2 Ch .
Cal 8 Mitf. Eq. Pl. 85 , 86.
32. - 5. Bill to carry a decree into execution. This is one which is
filed when from the neglect of parties, or some other cause, it may become
impossible to carry a decree into execution without the further decree of
the court. Hinde, 68; 1 Harr. Ch. 148.
33. - 6. Bills partaking of the qualities of some one or more of other
bills. These are,
34. First. Bill in the nature of a bill of revivor. A bill in the nature
of a bill of revivor, is one which is filed when the death of a party, whose
interest is not determined by his death, is attended with such a
transmission of his interest, that the title to it, as well as the person
entitled, may be litigated in the court of chancery, as in the case of a
devise of real estate, the suit is not permitted to be continued by bill of
revivor. 1 Ch. Cas. 123; Id. 174; 3 Ch. Rep. 39; Mosely, R. 44. In such
cases an original bill, upon which the title may be litigated, must be
filed, and this bill will have so far the effect of a bill of revivor, that
if the, title of the representative by the act of the deceased party is
established, the same benefit may be had of the proceedings upon the former
bill, as if the suit had been continued by bill of reviv