Blacks Law Dict. 1st ed

BILL OF LADING

BILL OF SALE

136

ant's set-off against such demand, (including dates, sums, and items in detail.) famished by one of the parties to the other, either vol untarily or in compliance with a judge's or der for that purpose. 1 Tidd, Pr. 596-600; 2 Archb. Pr. 221. BILL OF PEACE. In equity practice. One which is filed when a person has a right which may be controverted by various per sons, at different times, and by different ac tions. BILL OF PRIVILEGE. In old En glish law. A method of proceeding against attorneys and officers of the court not liable to arrest. 3 Bl. Comm. 289. BILL OF PROOF. In English prac tice. The name given, in the mayor's court of London, to a species of intervention by a third person laying claim to the subject-mat ter in dispute between the parties to a suit. BILL OF REVIVOR. In equity prac tice. One which is brought to continue a suit which has abated before its final con summation, as, for example, by death, or marriage of a female plaintiff. BILL OF REVIVOR AND SUPPLE MENT. In equity practice. One which is a compound of a supplemental bill and bill of revivor, and not only continues the suit, which has abated by the death of the plain tiff, 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. 5 Johns. Ch. 334; Mitf. Eq. PI. 32, 74. BILL OF REVIEW. In equity prac tice. One which is brought to have a decree of the court reviewed, corrected, or reversed. BILL OF RIGHTS. A formal and em phatic legislative assertion and declaration of popular rights and liberties usually pro mulgated upon a change of government; particularly the statute 1 W. & M. St. 2, c. 2. Also the summary of the rights and lib erties of the people, or of the principles of constitutional law deemed essential and fun damental, contained in many of the Ameri can state constitutions. BILL OF SALE. In contracts. A written agreement under seal, by which one person assigns or transfers his right to or in terest in goods and personal chattels to an other. An instrument by which, in particular, the property in ships and vessels is conveyed.

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. 1 H. Bl. 359. A written memorandum, given by the per son in command of a merchant vessel, ac knowledging the receipt on board the ship of certain specified goods, in good order or "ap parent 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 con signee therein named or to bis assigns. The term is often applied to a similar re ceipt and undertaking given by a carrier of goods by land. A bill of lading is an instrument in writ ing, signed by a carrier or his agent, describ ing the freight so as to indentify it, stating the name of the consignor, the terms of the contract for carriage, and agreeing or direct ing 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 OP MIDDLESEX. An old form of process similar to a capias, issued out of the court of king's bench in personal actions, directed to the sheriff of the county of Mid dlesex, (hence the name,) and commanding him to take the defendant and have him be fore the king at Westminster on a day named, to answer the plaintiff's complaint. BILL OF MORTALITY. A written statement or account of the number of deaths which have occurred in a certain district dur ing a given time. In some places, births as well as deaths are included. 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 in flicted by the latter is death. 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 in voice. BILL OF PARTICULARS. In prac tice. A written statement or specification of the particulars of the demand for which an action at law is brought, or of a defend

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