"A bill is not to be construed strictly as an indictment would have been 100 years ago, but is to be taken to mean what it fair ly conveys to a dispassionate reader by a fairly exact use of English speech. The de murrer is to be read with the same liberal ity." Swift & Co. v. U. S., 196 U. S. 395, 25 Sup. Ct. 279, 49 L. Ed. 518, per Holmes, J.
Bills are said to be original, not original, or in the nature of original bills.
Original bills are those which do, and which do not, pray for relief. Story, Eq. Pl. § 17.
Those which pray for relief are either bills praying the decree or order touching some right claimed by the party exhibiting the bill, in opposition to some right, real or sup posed, claimed by the party against whom the bill is exhibited, or touching some wrong done in violation of the plaintiff's right, which is the most common kind of bill; Mitf. Eq. Pl. 34 ; 1 Dan. Ch. Pr. 305.
Those which do not pray relief are either to perpetuate testimony; to examine witnesses de bene esse; or for discovery.
Bills not original are either supplemental; of revivor; or of revivor and supplement.
Also a cross bill; a bill of review; a bill to impeach a decree ; to suspend the operation, or avoid the decree for subsequent matter ; to carry a decree into effect; or partaking of the qualities of some one or all of them. See Mitt Eq. Pl. 35 ; Story, Eq. Pl. § 18. Van Heythuysen (Equity Draftsman 444) desig nates these as bills in the nature of original bills, and adds to them : A bill in the na ture of a bill of revivor, to obtain the benefit of a suit after abatement in certain cases which do not admit of a continuance of the original bill ; and a bill in the nature of a supplement bill to obtain the benefit of a suit either after abatement in other cases which do not admit of a continuance of the original bill, or after the suit is become defective, without abatement in cases which do not ad mit of a supplemental bill to supply that de fect.
For an account of these bills, consult the various titles.
As a Contract. An obligation; a deed, whereby the obligor acknowledges himself to owe 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 with out a penalty. West, Symb. § 100.
This signification came to include all con tracts evidenced by writing, whether spe cialties or parol, but is no longer in use ex cept in phrases, such as bill payable, bill of lading.
In Legislation. A special act passed by a legislature in the exercise of a quasi judicial power. Thus, bills of attainder, bills of pains and penalties, are spoken of. See ACT; BILL OF ATTAINDER; BILL OF PAINS AND PEN ALTIES.
The draft of a law submitted to the con sideration of a legislative body for Its adop tion. Southwark Bank v. Com., 26 Pa. 450. By the constitution of the United States, all bills for raising revenue must originate in the house of representatives ; but the senate may propose or concur with amendments as on other bills. See MONEY Bums.
As to money bills in Parliament, see PAR LIAMENTARY ACT.
Every bill, before it becomes a law, must be approved by the president of the United States, or within ten days returned, with his objections, to the house in which it originated. Two-thirds of each house may then enact it into a law. Similar provisions are copied in the constitutions of most of the states; U. S. Const. art. 1, § 7.
In Mercantile Law. The creditor's written statement of his claim, specifying the items.
It differs from an account stated in this, that a bill is the creditor's statement ; an account stated is a statement which has been assented to by both parties. See ACCOUNT STATED.
In England it has been held that a bill thus rendered is conclusive against the par ty making it out against an increase of charge on any of the items contained in it; and strong evidence as to items; 1 B. & P. 49. But in New York it has been held that merely presenting a bill, no payment or agreement as to the amount being shown, does not conclude the party from suing for a larger sum ; Williams v. Glenny, 16 N. Y. 389.