A snit on the Equity side of the courts of chancery is commenced by presenting a written petition to the lord chancellor, containing a statement of the plaintiffs case, and praying for such relief as he may consider himself entitled to receive. This petition is technically called a Bill, and is in the nature of the Declaration at common law ; but if the suit is instituted in behalf of the crown, or a charity, or any of the objects under the peculiar pro. tection of the crown, the petition is in the form of a narrative of the facts by the attorney-general, and is called an kfor mation. There is also a petition termed an information and bill, which is, where the attorney-general, at the relation (that is, the information) of a third person (thence called the relator), informs the court of the facts which he thinks are a fit subject of inquiry. The practice is all these proceedings is the same. At the end of the statement in a bill, there is added what is called the interrogating part, which consists of the statements of the bill thrown into the form of distinct questions, and often expressed in terms of great length and particularity. The state ments in the bill are not made upon oath: and further, in order to obtain a full and complete discovery from the defendant, both as regards the complaint and the suppmed defence, various allegations are made in many cases from mere conjec ture, a practice which tends to the due administration of justice; for though many frivolous suits are instituted, yet, from the nature of cases of fraud and concealment, the plaintiff is often ignorant of the precise nature of his own case, and frames his bill in various forms so as to elicit from the defendant a full discovery of the truth. Bills of this nature are called original bills, and either may be for Discovery and Relief, or for Discovery merely.
When the bill is placed on the records of the court it is said to be filed, and the writ of subpoena issues which commands the defendant to appear and answer the allegations of the bill within a certain time.
If, upon the face of the bill, it should appear that the plaintiff is not entitled to the relief prayed for as against the de fendant, the defendant may demur, that is, demand the judgment of the court upon the statement made by the plaintiff whether the suit shall proceed ; and if any cause, not apparent upon the bill, should exist why the suit should be either dis missed, delayed, or barred, the defendant may pat in a plea, stating such matter, and demanding the judgment of the court as in the case of a demurrer. But if neither of these modes of defence are applicable, and the defendant cannot dis claim all knowledge of the matters con tained in the bill, he must answer upon oath the interrogatories in the bill accord ing to the best of his knowledge, remem brance,Wormation, and belief. This mode of defence is styled an Answer. All or any of these several modes of defence may be used together, if applied to sepa rate and distinct parts of the case made by the plaintiff.
In the successive stages of a suit, re ferences as to the pleadings, and as to facts, may be made to the Masters of the court of Chancery : as for instance, if any improper statements be made reflecting upon the character of any party, which are not necessary to the decision of the suit, the pleadings may be referred to the master for scandal ; if there be long and irrele vant statements, not concerning the mat ter in question, a reference may be made for impertinence, and the matter so com plained of as scandalous or impertinent may be expunged at the expense of the party in fault. Again, if the defendant
does not answer the bill with sufficient precision, the plaintiff may except to the answer for insufficiency, and this question is decided by the masters in Chancery. If the answer is decided to be insufficient, the defendant must answer further.
It frequently happens that during the progress of the suit, from the discovery of new matter, the deaths and marriages of parties, and other causes, the pleadings become defective, and in these cases it is necessary to bring the new matter, or parties becoming interested, before the court. This is done by means of further statements, which refer to the previous proceedings, and are in fact merely a con tinuation of them, which are called sup plemental bills, bills of revivor, or bills of revivor and supplement, according to the nature of the defect which they are intended to supply. These bills are called bills not Uriginal.
There is also a third class, called bills in the nature of original bills, which are occasioned by former bills, such as cross bills, which are filed by the defendant to an original bill against the plaintiff who files such bill, touching some matter in litigation in the original bill, as where a discovery is necessary from the plaintiff in order that the defendant may obtain com plete justice. There are also bills of re view, to examine a decree upon the dis covery of new matter, &c., and several others. Upon both these latter descrip tions of bills the same pleadings and pro ceedings may follow as to an original bill.
Pleas and demurrers are at once argued before the court: if allowed, the suit, or so much of it as is covered by the demur rer or plea, is at an end, though the court will generally permit the plaintiff to amend his bill where it is not apparent from his own statement that he cannot make any case against the defendant; otherwise the only object attained by the demurrer or plea would be to drive the plaintiff to file a new bill, in which he would omit or amend the objectionable part. But if the demurrer or plea is overruled, the defendant is compelled to answer fully, just as if he had not demur red or pleaded. When the answer is filed, the plaintiff, if from the disclosures made he deems it advisable, may amend his bill, that is, erase such part of his statements as he no longer considers ne cessary, and insert other statements which may appear necessary to sustain his case ; and the defendant must answer to this new matter.