BILINGUIS. Using two languages.
A term formerly applied to juries half of one nation and half of another. Plowd. 2.
BILL (Lat. billa). A complaint in writing addressed to the chancellor, or judges of a court exercising chancery jurisdiction.
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 allegatiou in the spiritual courts.
A bill formerly consisted of nine parts, which contained the address, to the chancel lor, court, or -judge acting as such ; the names Of the plaintiffs and their descrip tions, but the statement of the parties in this part of the bill merely is not sufficient; 2 Ves. & B. 327; the statement of the plain tiff'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 P. Wms. 276; 2 Atk. 96; 1 Vern. 483; 11 Ves. Ch. 240; 2 Hare 264; James v. McKernon, 6 Johns. (N. Y.) 565; Nesmith v. Calvert, 1 Woodb. & M. 34, Fed. CaS. No. 10,123 ; Story, Eq. Pl. § 265 a; a general charge of confederacy ; the allega tions of the defendant's pretences, and charg es in evidence of them ; the clause of juris diction and an averment that the acts com plained of are contrary to equity ; a prayer that the defendant may answer the inter rogatories, usually callea the interrogating part ; the prayer for relief; the prayer for process; 2 Madd. 166 ; Wright v. Wright, 8 N. J. Eq. 143 ; 1 Mitt Eq. Pl. 41.
In England and in most, if not all, of the states, including those having a separate court of chancery, the formal style of the old English bill has fallen entirely into dis use. The form used and generally provided for by rule of court, is a concise and con secutive statement of the plaintiff's case in numbered paragraphs, stripped of technical phrases and verbiage, concluding with pray ers, consecutively numbered, for answer, for account, if incidental or appropriate to the relief sought, for the special relief sought, as payment of sums found due, specific per formance, etc., for injunction, if required, for other relief, and for process.
By Equity Rule 25 of the United States. Supreme Court, in effect February 1, 1913 (33 Sup. Ct. xxv), a bill must contain the names, citizenship and residence of the par ties (with their disabilities, if any); a short and plain statement of the grounds of ju risdiction ; a short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence; reasons for the omission of any proper parties, if any be omitted; and a prayer for any special relief pending the suit or on final hearing, which may be stated in alternative forms.
The bill must be signed by counsel; v. Davis, 19 N. J. Eq. 180; 1 Dan. Ch. Pr. *312. It need not ordinarily be sworn to; but if special relief pending Suit be asked, it must be verified by plaintiff, of some having knowledge of the facts. Equity Rule 25 of S. C. of U. S. So, it is said, some preliminary relief is required or in praying for the production of documents, cident to relief at law, or for relief in uity ou a lost instrument; 1 Dan. Ch. Pr. *393, and cases cited in notes; so, bills testimony must have an affidavit of the circumstances under which the mony is likely to be lost; id. *394, n. 3; and1 bills of interpleader must have an affidaYit of no collusion ; id. *394, n. 4. A bill filed by a corporation need not be under seal; Georges Creek Coal & Iron Co. v. Detmold, 1 Md. Ch. Dec. 371; City of Moundsville v. R. Co., 37 W. Va. 92, 16 S. E. 514, 20 L.11. A. 161; so also of a bill brought by a mu nicipal corporation ; City of Moundsville v. R. Co., 37 W. Va. 92, 16 .S. E. 514, 20 L. R. A. 161.
A bill filed by a woman need not show whether she is married or single ; Paige v. Broadfoot, 100 Ala. 610, 13 South. 426.
A bill in the United States district court must, in the prayer for a subpoena, contain the names of the defendants ; otherwise it may be dismissed by the court of its own motion ; City of Carlsbad v. Tibbetts, 51 Fed. 852. It is a fatal defect; Goebel v. Supply Co., 55 Fed. 825. But the new equity rules omit that provision.