Page:Black's Law Dictionary (Second Edition).djvu/142

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BILL
134
BILL
Kidder v. Barr, 35 N. H. 251; Blythe v. Hinckley (C. C.) 84 Fed. 234. A cross-bill is a species of pleading, used for the purpose of obtaining a discovery necessary to the defense, or to obtain some relief founded on the collateral claims of the party defendant to the original suit. Tison v. Tison, 14 Ga. 167. Also, if a bill of exchange or promissory note be given in consideration of another bill or note, it is called a "cross" or "counter" bill or note.

5. In legislation and constitutional law, the word means a draft of an act of the legislature before it becomes a law; a proposed or projected law. A draft of an act presented to the legislature, but not enacted. An act is the appropriate term for it, after it has been acted on by, and passed by, the legislature. Southwark Bank v. Comm., 26 Pa. 450; Sedgwick County Com'rs v. Bailey, 13 Kan. 608; May v. Rice, 91 Ind. 549; State v. Hegeman, 2 Pennewill (Del.) 147, 44 Atl. 621. Also a special act passed by a legislative body in the exercise of a quasi judicial power. Thus, bills of attainder, bills of pains and penalties, are spoken of.

—Bill of attainder, see Attainder.—Bill of indemnity. In English law. An act of parliament, passed every session until 1869, but discontinued in and after that year, as having been rendered unnecessary by the passing of the promissory oaths act, 1868, for the relief of those who have unwittingly or unavoidably neglected to take the necessary oaths, etc., required for the purpose of qualifying them to hold their respective offices. Wharton.—Bill of pains and penalties. A special act of the legislature which inflicts a punishment, less than death, upon persons supposed to be guilty of treason or felony, without any conviction in the ordinary course of judicial proceedings. It differs from a bill of attainder in this: that the punishment inflicted by the latter is death.—Private bill. All legislative bills which have for their object some particular or private interest are so termed, as distinguished from such as are for the benefit of the whole community, which are thence termed "public bills." See People v. Chautauqua County, 43 N. Y. 17.—Private bill office. An office of the English parliament where the business of obtaining private acts of parliament is conducted.

6. A solemn and formal legislative declaration of popular rights and liberties, promulgated on certain extraordinary occasions, as the famous Bill of Rights in English history.

—Bill of rights. A formal and emphatic legislative assertion and declaration of popular rights and liberties usually promulgated upon a change of government; particularly the statute 1 W. & M. St. 2, c. 2. Also the summary of the rights and liberties of the people, or of the principles of constitutional law deemed essential and fundamental, contained in many of the American state constitutions.—Eason v. State, 11 Ark. 491; Atchison St. R. Co. v. Missouri Pac. R. Co., 31 Kan. 661, 3 Pac. 284; Orr v. Quimby, 54 N. H. 613.

7. In the law of contracts, an obligation; a deed, whereby the obligor acknowledges himself to owe to the obligee a certain sum of money or some other thing. It may be indented or poll, and with or without a penalty.

—Bill obligatory. A bond absolute for the payment of money. It is called also a "single bill," and differs from a promissory note only in having a seal.—Bank v. Greiner, 2 Serg. & R. (Pa.) 15.—Bill of debt. An ancient term including promissory notes and bonds for the payment of money. Com. Dig. "Merchant," F. 2.—Bill penal. A written obligation by which a debtor acknowledges himself indebted in a certain sum, and binds himself for the payment thereof, in a larger sum, called a "penalty."—Bill single. A written promise to pay to a person or persons named a stated sum at a stated time, without any condition. When under seal, as is usually the case, it is sometimes called a "bill obligatory," (q. v.) It differs from a "bill penal," (q. v.,) in that it expresses no penalty.

8. In commercial law. A written statement of the terms of a contract, or specification of the items of a transaction or of a demand; also a general name for any item of indebtedness, whether receivable or payable.

—Bill-book. In mercantile law. A book in which an account of bills of exchange and promissory notes, whether payable or receivable, is stated.—Bill-head. A printed form on which merchants and traders make out their bills and render accounts to their customers.—Bill of lading. In common law. The written evidence of a contract for the carriage and delivery of goods sent by sea for a certain freight. Mason v. Lickbarrow, 1 H. Bl. 359. A written memorandum, given by the person in command of a merchant vessel, acknowledging the receipt on board the ship of certain specified goods, in good order or "apparent good order," which he undertakes, in consideration of the payment of freight, to deliver in like good order (dangers of the sea excepted) at a designated place to the consignee therein named or to his assigns. Devato v. Barrels (D. C.) 20 Fed. 510; Gage v. Jaqueth, 1 Lans. (N. Y.) 210; The Delaware, 14 Wall. 600, 20 L. Ed. 779. The term is often applied to a similar receipt and undertaking given by a carrier or his agent, describing the freight so as to identify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or directing that the freight be delivered to the order or assigns of a specified person at a specified place. Civil Code Cal. § 2126; Civil Code Dak. § 1229.—Bill of parcels. A statement sent to the buyer of goods, along with the goods, exhibiting in detail the items composing the parcel and their several prices, to enable him to detect any mistake or omission; an invoice.—Bill of sale. In contracts. A written agreement under seal, by which one person assigns or transfers his right to or interest in goods and personal chattels to another. An instrument by which, in particular, the property in ships and vessels is conveyed. Putnam v. McDonald, 72 Vt. 4, 47 Atl. 159; Young v. Stone, 61 App. Div. 364, 70 N. Y. Supp. 558.—Bill payable. In a merchant's accounts, all bills which he has accepted, and promissory notes which he has made, are called "bills payable," and are entered in a ledger account under that name, and recorded in a book bearing the same title.—Bill receivable. In a merchant's accounts, all notes, drafts, checks, etc., payable to him, or of which he is to receive the proceeds at a future date, are called "bills receivable," and are entered in a ledger-account under that name, and also noted in a book bearing the same title. State v. Robinson, 57 Md. 501.—Bill rendered. A bill of items tendered by a creditor to his debtor; an "account rendered," as distinguished from "an account stated." Hill v. Hatch, 11 Me. 455.—Grand bill of sale. In English law. The name of an instrument used for the transfer of a ship while she is at sea. An expression winch