Blacks Law Dict. 1st ed

BILL OF INTERPLEADER

BILL OF EXCEPTIONS

135

| or that one actually prevailed, it is called a "touched" or a "foul" bilL In Scotch, law. An application of a per son in custody to be discharged on account of ill health. Where the health of a prisoner requires it, he may be indulged, under prop er regulations, with such a degree of liberty as may be necessary to restore him. 2 Bell, Comm (5th Ed.) 549; Paters. Comp. § 1129. 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 un necessary 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 INDICTMENT. A formal written document accusing a person or per sons named of having committed a felony or misdemeanor, lawfully laid before a grand jury for their action upon it. If the grand jury decide that a trial ought to be bad, they indorse on it "a true bill;" if otherwise, "not a true bill" or "not found." BILL OF INFORMATION. In chan cery practice. Where a suit is instituted on behalf of the crown or government, or of those of whom it has the custody by virtue of its prerogative, or whose rights are under its particular protection, the matter of com plaint is offered to the court by way of in formation by the attorney or solicitor gen eral, instead of by petition. Where a suit immediately concerns the crown or govern ment alone, the proceeding is purely by way of information, but, where it does not do so immediately, a relator is appointed, who is answerable for costs, etc., and, if he is in terested in the matter in connection with the crown or government, the proceeding is by information and bill. Informations differ from bills in little more than name and form, and the same rules are substantially applica ble to both. See Story, Eq. PI. 5; 1 Daniell, Ch. Pr. 2, 8, 288; 3 Bl. Comm. 261. BILL OF INTERPLEADER. The name of a bill in equity to obtain a settlement of a question of right to money or other property adversely claimed, in which the party filing the bill has no interest, although it may be in his hands, by compelling such adverse claim ants to litigate the right or title between themselves, and relieve him from liability or litigation.

BILL OP EXCEPTIONS. A formal statement in writing of the objections or ex ceptions taken by a party during the trial of a cause to the decisions, rulings, or instruc tions of the trial judge, stating the objection, with the facts and circumstances on which it is founded, and, in order to attest its accu racy, signed and sealed by the judge; the object being to put the controverted rulings or decisions upon the record for the informa tion of the appellate court. 2 Dak. 470, 11 N. W. Rep. 497; Pow. App. Proc. 211. BILL OF EXCHANGE. A written order from A. to B., directing B. to pay to C. a certain sum of money therein named. Byles, Bills, 1. An open (that is, unsealed) letter addressed by one person to another directing him, in effect, to pay, absolutely and at all events, a eertain sum of money therein named, to a third person, or to any other to whom that third person may order it to be paid, or it may be payable to bearer or to the drawer himself. 1 Daniel, Neg. Inst. 27. A bill of exchange is an instrument, nego tiable in form, by which one, who is called the "drawer," requests another, called the "drawee," to pay a specified sum of money. Civil Code Cal. § 3171. A bill of exchange is an order by one per son, called the "diawer" or "maker," to an other, called the "drawee" or "acceptor," to pay money to another, (who may be the drawer himself,) called the "payee," or his order, or to the bearer. If the payee, or a bearer, transfers the bill by indorsement, he then becomes the "indorser." If the drawer or drawee resides out of this state, it is then called a "foreign bill of exchange." Code Ga. 1882, § 2773. BILL OF GROSS ADVENTURE. In French maritime law. Any written instru ment which contains a contract of bottomry, respondentia, or any other kind of maritime loan. There is no corresponding English term. Hall, Matit. Loans, 182, n. BILL OF HEALTH. An official certifi cate, given by the authorities of a port from which a vessel clears, to the master of the ship, showing the state of the port, as re spects the public health, at the time of sail ing, and exhibited to the authorities of the port which the vessel next makes, in token that she does not bring disease. If the bill alleges that no contagious or infectious dis ease existed, it is called a "clean" bill; if it admits that one was suspected or anticipated,

Archive CD Books USA