BELINGIIIB. Using two languages.
A term formerly applied to juries half of one nation and half of another. Plow& 2.
BILL (Lat. bills).
In Chancery Practice. A complaint in writing addressed to the chancellor, contains ing the names of the pat ilea 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.
2. Its office in a chanoery 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 usually consists of nine parts, which contain,—the address, which must be to the chancellor, court, or judge acting as such; the names of the plaintiffs and their descriptions, but the statement of the parties in this part of the bill merely is net sufficient, 2 Ves. & B. Ch. Ir. 327 ; the statement of the plaintiff's 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 Swanst. Ch. 472; 3 P. Will. 276; 2 Atk. Ch. 96; 1 Vern. Ch. 483; 11 Ves. Ch. 240; 2 Hare, Ch. 264; 6 Jchns. N. Y. 565 ; 1 Woodh. & M. C. C. 34; Story, Eq. Plead. 265 a; a. charge of confederacy; the allega tions of the defendant's pretences, and charges in evidence of them ; the clause of jurisdic tion, and an averment that the acts com plained of are contrary to equity; a prayer that the defendant may answer the interroga tories, usually called the interrogatory part; the prayer fin- relief; the prayer for process. 2 Madd. Ch. 166; 4 Halst. Ch, N. J. 143; 1 Mitford, Chano. Plead. 41.
3. By the twenty-first of the Rules of Prac tice for the CoUrts of Equity of the United States, promulgated by the supreme court Jan. 1842, it is provided that the plaintiff in his bill shall be at liberty to omit, at his option, the part which is usually called the common confederacy clause of the bill, avow ing a confederacy between the defendants to injure or defraud the plaintiff; also what is commonly called the charging part of the bill, setting forth the matters or excuses which the defendant is supposed to intend to set up by way of defence to the bill; also what is commonly called the jurisdiction clause of the bill, that the acts complained of are con trary to equity, and that the defendant is without any remedy at law. By the rule the 4th, 5th, and 6th parts of the bill as above stated are dispensed with. And see Story,
Eq. Plead. if 29-34. And this seems to be now the more common practice, except where fraud and combination are to be specifically charged. 27 N. H. 506.
4. The facts contained in the bill, so far as known to the complainant, must in some cases be sworn to be true, Mitford, Chane. Plead. 54; and such as are not known to him he must swear he believes to be true, and it must be signed by counsel. 2 Maddock, Chane. Pract. 167; 4 Halst. Ch.. N. J. 136; Story, Eq. Plead. I 288.
Bills are said to be original; not original, or in the nature of original bills.
Original bills are those which de, and which do not, pray for relief.
Those which pray for relief are either bills praying the decree or order touching some right claimed by the party exhibiting the in to some right, real or sup posed, claimed .by the party against wh.na the bill is exhibited, or touching some wrong done in violation of the plaintiff's right, which is the moat common of bill, Mit ford, Chanc. Plead. Jerem. 34-37; bills of interpleader; or bills of certiorari.
5. Those which do not pray for relief are either to perpetuate testimony; to examine witnesses de bene ease; or for discovery..
Bills not original are either supplemental; of reviver; or of reviver and supplement.
Those of revivor and supplement are either a cross bill; a of review; a bill to im peach a decree; to, suspend the operation, or avoid the decree for subsequent matter; to carry a decree into effect; or pcsrtaking of the qualities of some one or all of.them. fee Mit ford, Eq. Pl. 35-37; Story, Eq, Pl. 11 18-21.
For an account of these bills, consult, the various articles which follow.
As a Contract. An obligation a deed, whereby the obligor acknowledges-himself to owe unto 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. Wreak Symb. 100, 101.
6. This signification came to include all contracts evidenced by writing, whether ape oialties 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 the legislature in the exercise of quasi judi cial power. Thus, bills of attainder, bills of pains and penalties, are spoken of. See Wm,