Blacks Law Dict. 1st ed

BILL OF SIGHT

187

BILLET

BILL OF SIGHT. When an importer of goods is ignorant of their exact quantity or quality, so that he cannot make a perfect en try of them, he may give to the customs offi cer a written description of them, according to the best of his information and belief. This is called a "bill of sight." BILL OP STORE. In English law. A kind of license granted at the custom-house to merchants, to carry such stores and pro visions as are necessary for their voyage, custom free. Jacob. BILL OF SUFFERANCE. In English law. A license granted at the custom-house to a merchant, to suffer him to trade from one English port to another, without paying custom. Cowell. BILL PAYABLE. In a merchant's ac counts, 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 record ed in a book bearing the same title. BILL FENAL. In contracts. A writ ten obligation by which a debtor acknowl edges himself indebted in a certain sum, and binds himself for the payment thereof, in a larger sum, called a "penalty." BILL QUIA TIMET. A bill invoking the aid of equity "because he fears," that is, because the complainant apprehends an in jury to his property rights or interests, from *he fault or neglect of another. Such bills are entertained to guard against possible or prospective injuries, and to preserve the means by which existing rights may be pro tected from future or contingent violations; differing from injunctions, in that the latter correct past and present or imminent and cer tain injuries. Bisp. Eq. § 568; 2 Story, Eq. Jur. § 826. BILL RECEIVABLE. In a merchant's accounts, all notes, drafts, checks, etc., pay able to him, or of which he is to receive the proceeds at a future date, are called "bills re ceivable," and are enteied in a ledger-ac count under that name, and also noted in a book bearing the same title. BILL RENDERED. A bill of items rendered by a creditor to his debtor; an "ac count rendered," as distinguished from "an account stated." 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 it sometimes called a "bill obligatory," {q. v.) It differs from a "bill penal," (q. v.,) in that it expresses no penalty. BILL TO CARRY A DECREE INTO EXECUTION. In equity practice. One which is filed when, from the neglect of par ties or some other cause, it may become im possible to carry a decree into execution with out the further decree of the court. Hind, Ch. Pr. 68; Story, Eq. PI. § 42. BILL TO PERPETUATE TESTI MONY. A bill in equity filed in order to procure the testimony of witnesses to be taken as to some matter not at the time be fore the courts, but which is likely at some future time to be in litigation. Story, Eq. PI. (5th Ed.) § 300 et seq. BILL TO SUSPEND A DECREE. In equity practice. One brought to avoid or suspend a decree under special circumstances. BILL TO TAKE TESTIMONY DE BENE ESSE. In equity practice. One which is brought to take the testimony of witnesses to a fact material to the prosecution of a suit at law which is actually commenced, where there is good cause to fear that the testimony may otherwise be lost before the time of trial. 2 Story, Eq. Jur. § 1813, n. BILLA. L.Lat. A bill; an original bill. BILLA CASSETUR,or QUOD BILLA CASSETUR. (That the bill be quashed.) In practice. The form of the judgment ren dered for a defendant on a plea in abatement, where the proceeding is by bill; that is, where the suit is commenced by capias, and not by original writ. 2 Archb. Pr. K. B. 4. BILLA EXCAMBII. A bill of exchange. BILLA EXONERATIONS. A bill of lading. BILLA VERA. (A true bill.) In old practice. The indorsement anciently made on a bill of indictment by a grand jury, when they found it sufficiently sustained by evi dence. 4 Bl. Comm. 306. BILLET. A soldier's quarters in a civil ian's house; or the ticket which authorizes him to occupy them. In French law. A bill or promissory note. Billet a ordre, a bill payable to order. Billet a vue, H bill payable at sight. Billet de complaisance, an accommodation bill.

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