Blacks Law Dict. 1st ed

BILL IN NATURE, ETC.

BILL OF ENTRY

134

BILL IN NATURE OF A BILL OF REVIVOR. Where, on the abatement of a suit, there is such a transmission of the in terest of the incapacitated party that the title to it, as well as the person entitled, may be the subject of litigation in a court of chancery, the suit cannot be continued by a mere bill of re vivor, but an original bill upon which the title may be litigated must be filed. This is called a "bill in the nature of a bill of revivor." It is founded on privity of estate or title by the act of the party. And the nature and opera tion of the whole act by which the privity is created is open to controversy. Story, Eq. PI. §§ 378-380; 2 Amer. & Eng. Enc. Law, 271. BILL IN NATURE OF A SUPPLE MENTAL BILL. A bill filed when new parties, with new interests, arising from events happening since the suit was com menced, are brought before the court; where in it differs from a supplemental bill, which is properly applicable to those cases only where the same parties or the same interests remain before the court. Story, Eq. Fl. (5th Ed.) § 345 et seq. BILL OBLIGATORY. A bond abso lute for the payment of money. It is called also a "singlebill," and differs from a prom issory note only in having a seal. 2 Serg. & R. 115. BILL OF ADVENTURE. A written certificate by a merchant or the master or owner of a ship, to the effect that the proper ty and risk in goods shipped on the vessel in his own name belong to another person, to whom he is accountable for the proceeds alone. BILL OF ADVOCATION. In Scotch practice. A bill by which the judgment of an inferior court is appealed from, or brought under review of a superior. Bell. BILL OF APPEAL. An ancient, but now abolished, method of criminal prosecu tion. See BATTEL. BILL OF ATTAINDER. A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usually treason,) without trial or conviction according to the recognized rules of proced ure, and passing sentence of death and at tainder upon him. "Bills of attainder," as they are technically called, are such special acts of the legislature as inflict capital punishments upon persons supposed 4o be guilty of high offenses, such as treason and

felony, without any conviction in the ordinary course of judicial proceedings. If an act inflicts a milder degree of punishment than death, it is called a "bill of pains and penalties, n but both are included in the prohibition in the Federal consti tution. Story, Const. % 1844. BILL OF CERTIORARI. A bill, the object of which is to remove a suit in equity from some inferior court to the court of chancery, or some other superior court of equity, on account of some alleged incompe tency of the inferior court, or some injustice in its proceedings. Story, Eq. PI. (5th Ed.) §298. BILL OF CONFORMITY. In equity practice. One filed by an executor or admin istrator, who finds the affairs of the deceased so much involved that he cannot safely ad minister the estate except under the direction of a court of chancery. This bill is filed against the creditors, generally, for the pui pose of having all their claims adjusted, and procuring a final decree settling the order of payment of the assets. 1 Story, Eq. Jur. §440. BILL OF COSTS. A certified, itemized statement of the amount of costs in an action or suit. BILL OF CREDIT. In constitutional law. A bill or promissory note issued by the government of a state or nation, upon its faith and credit, designed to circulate in the community as money, and redeemable at a future day. In mercantile law. A license or author ity given in writing from one person to an other, very common among merchants, bank ers, and those who travel, empowering a person to receive or take up money of their correspondents abroad. BILL OF DEBT. An ancient term in cluding promissory notes and bonds for the payment of money. Com. Dig. "Merchant," F. 2. BILL OF DISCOVERY. A bill in equity filed to obtain a discovery of facts resting in the knowledge of the defendant, or of deeds or writings, or other things m his custody or power. Story, Eq. PI. (5th Ed.) § 311. BILL OF ENTRY. An account of the goods entered at the custom house, both in coming and outgoing. It must state the name of the merchant exporting or import ing, the quantity and species of merchandise, and whither transported, and whence.

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