BILL OF DISCOVERY. In Equity Practice. 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, Chanc. Pract. 20; Blake, Chanc. Pract. 37.
It does not seek for relief in consequence of the discovery (and this oonstitutes its characteristic feature), though it may ask for a stay of proceedings till discovery is made, 2 Story, Eq. Jur. 0 1483 ; and such relief as does not require a hearing before the court, it is said, may bo part of the prayer. Eden, Inj. 78 ; 19 Ves. Ch. 376 ; 4 Madd. Ch. 247; 5id. 218; 1 Schoales & L. Ch. Jr. 316 ; 1 Sim. & S. Ch. 83.
2. It is commonly used in aid of the juris diction of a court of law, to enable the party who prosecutes or defends a suit at law to obtain a discovery of the facts which are material to such prosecution or defence. Hare, Discov. 119; 9 Paige, Ch. N. Y. 580, 622, 637.
The plaintiff must be entitled to the dis covery he seeks, and can only have a dis covery 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. Ch. 445. See Blake, Pract. 45 ; Mitford, Chanc. Plead. 52 ; Cooper, Eq. Plead. 58 ; 1 Mad dock, Chane. Pract. 196 ; Hare, Disc. passim; Wigram, Disc. 3. The bill must show a present and vested title and interest in the plaintiff, and what that title and interest are, 8 Mete. Mass. 395 ;
1 Vern. Ch. 105 ; with reasonable certainty, 3 Yes. 343 ; must state a case which will con stitute a just ground for a suit or a defence at law, 3 Johns. Ch. N. Y. 47 ; 2 Paige, Ch. N. Y. 601 ; 1 Brown, Ch. 96 ; 3 • id. 155 ; 2 Anstr. 504 ; 13 Ves. Ch. 240 ; 3 Mylne & C. Ch. 407 ; must describe the deeds and acts with reasonable certainty, 3 Yes. Ch. 343; 17 Ala. N. s. 794 ; Story, Eq. Pl. 320; must state that a suit is brought, or about to be, and the nature thereof must be given with reasonable certainty, 5 Madd. Ch. 18 ; 8 Ves. Ch. 398 ; must show that the defendant has some interest, 2 Atk. Ch. 394; 1 Ves. & B. Ch. 550 ; 3 Barb. Ch. N. Y. 484 ; and, where the right arises from privity of estate. what that privity is, Mitford, Chane. Plead. Jerem. ed. 189 ; it must Show, that the matter is material, and how, 9 Paige, Ch. N. Y. 188, 580, 622; 3 Rich. Eq. So. C. 148 ; and must set forth the particulars of the discovery sought. 2 Caines, Cas. N. Y. 296 ; 1 Younge & J. Exch. 577. And see Story, Eq. Plead. 17 et seq.
It will not lie in aid of a criminal prosecu tion, a mandamus, or suit for a penalty. 2 Yes. Ch. 398. 2 Paige, Ch. N. Y. 399 ; Story, Eq. Jur. 1494.