BILL - A proposed law presented
for approval to a legislative body.
Most legislative proposals before Congress are in
the form of bills and are designated by HR in the
House of Representatives or S in the Senate, according
to the house in which they originate, and by a number
assigned in the order in which they are introduced
during the two-year period of a congressional term.
"Public bills" deal with general questions
and become public laws if approved by Congress and
signed by the president. "Private bills"
deal with individual matters such as claims against
the government, immigration and naturalization cases
or land titles, and become private laws if approved
and signed.
Contracts. A bill or obligation, (which are the same
thing, except that in English it is commonly called
bill, but in Latin obligatio, obligation,) is 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.
Chancery Practice. A complaint in writing addressed
to the chancellor, containing the names of the parties
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. 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 allegation in, the spiritual courts.
A bill usually consists of nine parts. 1. The address,
which must be to the chancellor, court or judge acting
as such. 2. The second part consists of the names
of the plaintiffs and their descriptions; but the
description of the parties in this part of the bill
does not, it seems, constitute a sufficient averment,
so as to put that fact in issue. 3. The third part
is called the premises or stating part of the bill,
and contains the plaintiff's case. 4. In the fourth
place is a general charge of confederacy. 5. The fifth
part consists of allegations of the defendant's pretences,
and charges in evidence of them. 6. The sixth part
contains the clause of jurisdiction and in averment
that the acts complained of are contrary to equity.
7. The seventh part consists of a prayer that the
parties answer the premises, which is usually termed
the interrogatory part. 8. The prayer for relief sought
forms the eighth part. And, 9. The ninth part is a
prayer for process. The facts contained in the bill,
as far as known to the complainant, must, in some
cases, be sworn to be true; and such as are not known
to him, he must swear he believes to be true; and
it must be signed by counsel.
Bills may be divided into three classes, namely:
1. Original bills. 2. Bills not original. 3. Bills
in the nature of original bills.
An original bill is one which prays the decree of
the court, touching some right claimed by the person
exhibiting the bill, in opposition to some right claimed
by the person against whom the bill is exhibited.
Original bills always relate to some matter not before
litigated in the court by the same persons, and standing
in the same interests. They may be divided into those
which pray relief, and those which do not pray relief.
1st. Original bills praying relief are of three kinds.
First. Bills Praying the decree or order of the court,
touching some right claimed by the party exhibiting
the bill, in opposition to some right, real or supposed,
claimed by the party against whom the bill is exhibited,
or touching some wrong done in violation of the plaintiff's
right.
Secondly. A bill of interpleader, is one in which
the person exhibiting it claims no right in opposition
to the rights claimed by the person against whom the
bill is exhibited, but prays the decree of the court
touching the rights of those persons, for the safety
of the person exhibiting the bill. The Practical Register
defines it to be a bill exhibited by a third person,
who, not knowing to whom he ought of right to render
a debt or duty, or pay his rent, fears he may be hurt
by some of the claimants, and therefore prays be may
interplead, so that the court may judge to whom the
thing belongs, and he be thereby safe on the payment.
The interpleader has been compared to the intervention
of the civil law. But there is a striking difference
between them. The tertius in our interpleader in equity,
professes to have no interest in the subject, and
calls upon the parties who allege they have, to come
forward and discuss their claims: the tertius of the
civil law, on the other hand, asserts a right himself
in the 'Subject, which two persons are at the time
actually contesting, and insists upon his right to
join in the discussion. A bill of interpleader may
be filed, though the party has not been sued at law,
or has been sued by one only of the conflicting claimants,
or though the claim of one of the defendants is actionable
at law, and the other in equity. The requisites of
a bill of this kind are:
1. It must admit the want of interest in the plaintiff
in the subject matter of dispute;
2. The plaintiff must annex an affidavit that there
is no collusion between him and either of the parties;
3. The bill must contain an offer to bring the money
into court, when there is any due; the want of which
is a ground of demurrer, unless the money has actually
been paid into court;
4. The plaintiff should state his own rights, and
thereby negative any interest in the thing in controversy;
and also should state the several claims of the opposite
parties; a neglect on this subject is good cause of
demurrer;
5. The bill should also show that there are persons
in esse capable of interpleading, and setting up opposite
claims;
6. The bill should pray that the defendants set forth
their several titles, and interplead, settle, and
adjust their demands between themselves. The bill
also generally prays an injunction to restrain the
proceedings of the claimants, or either of them, at
law; and, in this case, the bill should offer to bring
the money into court and the court will not in general
act upon this part of the prayer, unless the money
be actually brought into court.
Thirdly. A bill of certiorari, is one praying the
writ of certiorari to remove a cause from an inferior
court of equity. The requisites of this bill are that
it state, 1st. the proceedings in the inferior court;
2d. the incompetency of such court, by suggesting
that the cause is out of its jurisdiction; or that
the witnesses live out of its jurisdiction; or are
not able, by age or infirmity, or the distance of
the place, to follow the suit there or that, for some
other cause, justice is not likely to be done; 3d.
the bill must pray a writ of certiorari, to certify
and remove the record and the cause to the superior
court. This bill is seldom used in the United States.
Original bills not praying relief are of two kinds.
First, Bills to secure evidence, which are bills to
perpetuate the testimony of witnesses or bills to
examine witnesses de bene esse. These will be separately
considered.
A Bill To Perpetuate The Testimony Of Witnesses,
is one which prays leave to examine them, and states
that the witnesses are old, infirm, or sick, or going
beyond the jurisdiction of the court, whereby the
party is in danger of losing the benefit of their
testimony. It does not pray for relief.
In order to maintain such a bill, it is requisite
to state on its face all the material facts to support
the jurisdiction. It must state, 1. the subject-matter
toucbing which the plaintiff is desirous of giving
evidence. It must show that the plaintiff has some
interest in the subject-matter, which may be endangered
if the testimony in support of it be lost; and a mere
expectancy, however strong, is not sufficient. It
must state that the defendant has, or pretends to
have, or that he claims an interest to contest the
title of the plaintiff in the subject-matter of the
proposed testimony. 4. It must exhibit some ground
of necessity for perpetuating the evidence. The right
of which the bill is brought to perpetuate the evidence
or testimony, should be described with reasonable
certainty in the bill, so as to point the proper interrogations
on both sides to the true merits of the controversy.
It should pray leave to examine the witnesses touching
the matter stated, to the end that their testimony
maybe preserved and perpetuated.
A bill to perpetuate testimony differs from a bill
to take testimony de bene esse, in this, that the
latter is sustainable only when there is a suit already
depending, while the former can be maintained only
when no present suit can be brought at law by the
party seeking the aid of a court to try his right.
The canonists had a similar rule. According to the
canon law, witnesses could be examined before any
action was commenced, for fear that their evidence
might be lost.
Bill To Take Testimony De Bene Esse. This bill, the
name of which is sufficiently descriptive of its object,
is frequently confounded with a bill to perpetuate
testimony; but although it bears a close analogy to
it, ,it is very different. Bills to perpetuate testimony
can be maintained only, when no present suit can be
maintained at law by the party seeking the aid of
the court to try his right; whereas bills to take
testimony de bene esse, are sustainable only in aid
of a suit already depending. The latter may be brought
by a person who is in possession, or out of possession;
and whether he be plaintiff or defendant in the action
at law. In many respects the rules which regulate
the framing of bills to perpetuate testimony, are
applicable to bills to take testimony ae bene esse.
Secondly. A bill of discovery, emphatically so called,
is 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. Every bill, except
the bill of certiorari, may in truth, be considered
a bill of discovery, for every bill seeks a disclosure
of circumstances relative to the plaintiff's case;
but that usually and emphatically distinguished by
this appellation is a bill for the discovery of facts,
resting in the knowledge of the defendant, or of deeds
or writings, or other things in his custody or power,
and seeking no relief in consequence of the discovery.
This bill is commonly used in aid of the jurisdiction
of some other court as to enable the plaintiff Ito
prosecute or defend an action at law. "The plaintiff,
in this species of bill, must be entitled to the discovery
he seeks, and shall only have a discovery of what
is necessary for his own title, as of deeds he claims
under, and not to pry into that of the defendant.
The action ad exhibendum, in the Roman law, was not
unlike a bill of discovery. Its object was to force
the party against whom it was instituted, to exhibit
a thing or a title in his power. It was always preparatory
to another, which was always a real action in the
sense of the word in the Roman law.
Bills Not Original. These are either in addition
to, or a continuance of an original bill, or both.
- 1st. Of the first class are, 1. A supplemental
bill. This bill is occasioned by some defect in a
suit already instituted, whereby the parties cannot
obtain complete justice, to which otherwise the case
by their bill would have entitled them. It is used
for the purpose of supplying some irregularity discovered
in the formation of the original bill, or some of
the proceedings there upon; or some defect in a suit,
arising from events happening since the points in
the original were at issue, which give an interest
to persons not parties to the suit.
It is proper to consider more minutely 1. in what
cases such a bill may be filed; 2. its particular
requisites.
A supplemental bill may be filed, 1st. whenever the
imperfection in the original bill arises from the
omission of some material fact, which existed before
the filing of the bill, but the time has passed in
which it can be introduced into the bill by amendment,
but leave of court must be obtained, before a bill
which seeks to change the original structure of the
bill, and to introduce a new and different case, can
be filed. 2d. When a party necessary to the proceedings
has been omitted, and cannot be admitted by an amendment.
When, after the court has decided upon the suit as
framed, it appears necessary to bring some other matter
before the court to obtain the full effect of the
decision; or before a decision has been obtained,
but after the parties are at issue upon the points
in the original bill, and witnesses have been examined,
(in which case, an amendment is not in general permitted,)
some other point appears necessary to be made, or
some additional discovery is found requisite. When
new events or new matters have occurred since the
filing of the bill; these events or matters, however,
are confined to such as refer to and support the rights
and interests already mentioned in the bill.
The supplemental bill must state the original bill,
and the proceedings thereon and when it is occasioned
by an event which has occurred subsequently to the
original bill, it must state that event, and the consequent
alteration with regard to the parties. In general,
the supplemental bill must pray that all defendants
appear and answer the charges it contains.
A bill of revivor, which is a continuance of the
original bill, when by death some party to it has
become incapable of prosecuting or defending a suit,
or a female plaintiff has by marriage incapacitated
herself from suing alone.
A Bill Of Revivor And Supplement. This is a compound
of a supple-mental bill and bill of revivor, and not
only continues the suit, which has abated by the death
of the plaintiff, or the like, but supplies any defects
in the original bill, arising from subsequent events,
so as to entitle the party to relief on the whole
merits of his case.
- 2d. Among the second class may be placed, 1. A
cross bill. This is one which is brought by a defendant
in a suit against the plaintiff, respecting the matter
in question in that bill.
A bill of this kind is usually brought to obtain,
either a necessary discovery, or full relief to all
the parties. It frequently happens, and particularlly
if any questions arises between two defendants to
a bill, that the court cannot make a complete decree
without a cross bill, or cross bills to bring every
matter in dispute completely before the court, litigated
by the proper parties, and upon proper proofs. In
this case it becomes necessary for some one of the
defendants to the original bill to file a bill against
the plaintiff and other defendants in that bill, or
some of them, and bring the litigated point properly
before the court.
A cross bill should state the original bill, and
the proceedings thereon, and the rights of the party
exhibiting the bill which are necessary to be made
the subject of a cross litigation, or the grounds
on which he resists the claims of the plaintiff in
the original bill, if that is the object of the new
bill.
A cross bill may be filed to answer the purpose of
a plea puis darrein continuance at the common law.
For example, where, pending a suit, and after replication
and issue joined, the defendant having obtained a
release and attempted to prove it viva voce at the
bearing, it was determined that the release not being
in issue in the cause, the court could not try the
facts, or direct a trial at law for that purpose,
and that a new bill must be filed to put the release
in issue.
A cross bill must be brought before publication is
passed on the first bill and not after, except the
plaintiff in the cross bill go to the hearing on the
depositions already published; because of the danger
of perjury and subornation, if the parties should,
after publication of the former depositions, examine
witnesses, de novo, to the same matter before examined
into.
A Bill Of Review. Bills of review are in the nature
of writs of error. They are brought to have decrees
of the court reviewed, altered, or reversed, and there
are two sorts of these bills. The first is brought
where the decree has been signed and enrolled and
the second, where the decree has not been signed and
enrolled. The first of these is called, by way of
preeminence, a bill of review; while the other is
distinguished by the appellation of a bill in the
nature of a bill of review, or a supplemental bill
iii the nature of a bill of review.
A bill of review must be either for error in point
of law or for some new matter of fact, relevant to
the case, discovered since publication passed in the
cause; and which could not, with reasonable diligence,
have been discovered before.
Bill To Impeach A Decree On The Ground Of Fraud.
When a decree has been obtained by fraud, it may be
impeached by original bill, without leave of court.
As the principal point in issue, is the fraud in obtaining
it, it must be established before the propriety of
the decree can be investigated, and the fraud must
be distinctly stated in the bill. The prayer must
necessarily be varied according to the nature of the
fraud used, and the extent of its operation in obtaining
an improper decision of the court. When the decree
to set aside a fraudulent decree has been obtained,
the court will restore the parties to their former
situation, whatever their rights may be.
Bill To Suspend A Decree. The operation of a decree
may be suspended under special circumstances, or avoided
by matter subsequent to the decrees upon a new bill
for that purpose.
Bill To Carry A Decree Into Execution. This is one
which is filed when from the neglect of parties, or
some other cause, it may become impossible to carry
a decree into execution without the further decree
of the court.
Bills Partaking Of The Qualities Of Some One Or More
Of Other Bills. These are,
First. Bill in the nature of a bill of revivor. A
bill in the nature of a bill of revivor, is one which
is filed when the death of a party, whose interest
is not determined by his death, is attended with such
a transmission of his interest, that the title to
it, as well as the person entitled, may be litigated
in the court of chancery, as in the case of a devise
of real estate, the suit is not permitted to be continued
by bill of revivor. In such cases an original bill,
upon which the title may be litigated, must be filed,
and this bill will have so far the effect of a bill
of revivor, that if the, title of the representative
by the act of the deceased party is established, the
same benefit may be had of the proceedings upon the
former bill, as if the suit had been continued by
bill of revivor.
Secondly. Bill in the nature of a supplemental bill.
An original bill in the nature of a supplemental bill,
is one filed when the interest of the plaintiff or
defendant, suing or defending, wholly determines,
and the same property becomes vested in another person
not claiming under him. The principal difference between
this and a supplemental bill, seems to be, that a
supplemental bill is applicable to such cases only,
where the same parties or the same interests remain
before the court; whereas, an original bill in the
nature of a supplemental bill, is properly applicable
where new parties, with new interests, arising from
events occurring since the institution of the suit,
are brought before the court.
Thirdly. Bill In The Nature Of A Bill Of Review.
A bill in the nature of a bill of review, is one brought
by a person not bound by a decree, praying that the
same may be examined and reversed; as where a decree
is made against a person who has no interest at all
in the matter in dispute, or had not an interest sufficient
to render the decree against him binding upon some
person claiming after him. Relief may be obtained
against error in the decree, by a bill in the nature
of a bill of review. This bill in its frame resembles
a bill of review, except that instead of praying that
the former decree may be reviewed and reversed, it
prays that the cause may be heard with respect to
the new matter made the subject of the supplemental
bill, at the same time that it is reheard upon the
original bill; and that the plaintiff may have such
relief as the nature of the case made by the supplemental
bill may require.
There are also bills which derive their names from
the object which the complainant has in view. These
will be separately considered.
Bill of foreclosure. A bill of foreclosure is one
filed by a mortgagee against the mortgagor, for the
purpose of having the estate, sold, thereby to obtain
the sum mortgaged on the premises, with interest and
costs. As to the persons who are to be made parties
to a bill of foreclosure.
Bill Of Information. A bill of information is a bill
instituted in behalf of the state, or those whose
rights are the object of its care and protection.
It is commenced by information exhibited in the name
of the attorney-general, and differs from other bills
little more than in name. If the suit immediately
concerns the right of the state, the information is
generally exhibited without a relator. If it does
not immediately concern those rights, it is conducted
at the instance and under the immediate direction
of, some person whose name is inserted in the information,
and is termed the relator; the officers of the state,
in such or the like cases, are not further concerned
than as they are instructed and advised by those whose
rights the state is called upon to protect and establish.
Bill To Marshal Assets. A bill to marshal assets
is one filed in favor of simple contract creditors,
and of legatees, devisees, and heirs, but not in favor
of next of kin, to prevent specialty. creditors from
exhausting the personal estate. See Marshaling of
Assets.
Bill To Marshal Securities. A bill to marshal securities
is one which is filed against a party who has two
funds by which his debt is secured, by a person having
an interest in only one of those funds. As if A has
two mortgages and B has but one, B has a right to
throw A upon the security which B cannot touch. This
last case contains a luminous exposition in all its
bearings. In Pennsylvania, and perhaps in some other
states, the object of this bill is reached by subrogation,
that is, by substituting the creditor, having but
one fund to resort to, to the rights of the other
creditor, in respect to the other fund.
Bill For A New Trial. This is a bill filed in a court
of equity praying for an injunction after judgment
at law, when there is any fact, which renders it against
conscience to execute such judgment, and of which
the injured party could not avail himself in a court
of law-, or, if he could, was prevented by fraud or
accident, unmixed with any fault or negligence of
himself or his agents. Of late years bills of this
description are not countenanced.
Bill Of Peace. A bill of peace is one which is filed
when a person has a right which may be controverted
by various persons, at different times, and by different
actions. In such a case the court will prevent a multiplicity
of suits, by directing an issue to determine the right,
and ultimately grant an injunction.
There is another class of cases in which a bill of
peace is now ordinarily applied; namely, when the
plaintiff, after repeated and satisfactory trials,
has established his right at law, and is still in
danger of new attempts to controvert it. In order
to quiet the possession of the plaintiff, and to suppress
future litigation, courts of equity, under such circumstances,
will interfere, and grant a perpetual injunction.
Bill Quia Timet. A bill quia timet, is one which
is filed when a person is entitled to property of
a personal nature after another's death, and has reason
to apprehend it may be destroyed by the present possessor;
or when he is apprehensive of being subjected to a
future inconvenience, probable or even possible to
happen or be occasioned by the neglect, inadvertance,
or culpability of another. Upon a proper case being
made out, the court will, in one case, secure the
property for the use of the party (which is the object
of the bill) by compelling the person in possession
of it, to give a proper security against any subsequent
disposition or wilful destruction and in the other
case, they will quiet the party's apprehension of
future inconvenience, by removing the causes which
may lead to it.
