KFLCC Kingdom Law 2nd Ed.

135

BILL

BILL

able for the proceeds alone.— Bill of gross adventure. In French maritime law. Any written instrument which contains a contract of bottomry, respondentia, or any other kind of maritime loan. There is no corresponding English term. Hall, Marit. Loans, 182, n. —Bill of health. An official certificate, 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 respects the public health, at the time of sailing, and exhibited to the au thorities 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 disease existed, it is called a "clean" bill; if it admits that one was suspected or anticipated, or that one actually prevailed, it is called a "touched" or a "foul" bill. 11. In revenue law and procedure, the term Is given to various documents filed in or issuing from a custom house, principally of the sorts described below. —Bill of entry. An account of the goods entered at the custom house, both incoming and outgoing. It must state the name of the mer chant exporting or importing, the quantity and species of merchandise, and whither transport ed, and whence.—Bill of sight. When an im porter of goods is ignorant of their exact quan tity or quality, so that he cannot make a per fect entry of them, he may give to the customs officer a written description of them, according to the best of his information and belief. This is called a "bill of sight."—Bill of store. In English law. A kind of license granted at the custom-house to merchants, to carry such stores and provisions as are necessary for their voy age, custom free. Jacob.— Bill of sufferance. In English law. A license granted at the cus tom-house to a merchant, to suffer him to trade from one English port to another, without pay ing custom. Cowell. 12. In criminal law, a bill of indictment, see infra. —Bill of indictment. A formal written document accusing a person or persons named of having committed a felony or misdemeanor, law fully laid before a grand jury for their action upon it. If the grand jury decide that a trial ought to be had, they indorse on it "a true bill;" if otherwise, "not a true bill" or "not found."—State v. Ray, Rice (S. C.) 4, 33 Am. Dec. 90.—Bill of appeal. An ancient, but now abolished, method of criminal prosecution. See BATTEL. 13. In common-law practice. An itemized statement or specification of particular de tails, especially items of cost or charge. —Bill of costs. A certified, itemized state ment of the amount of costs in an action or suit. Doe v. Thompson, 22 N. H. 219. By the Eng lish usage, this term is applied to the statement of the charges and disbursements of an attor ney or solicitor incurred in the conduct of his client's business, and which might be taxed upon application, even though not incurred in any suit. Thus, conveyancing costs might be taxed. Wharton.— Bill of particulars. In practice. A written statement or specification of the par ticulars of the demand for which an action at law is brought, or of a defendant's set-off against such demand, (including dates, sums, and items in detail,) furnished by one of the parties to the other, either voluntarily or in compliance with a judge's order for that purpose. 1 Tidd, Pr. 596-600; 2 Arrhb. Pr. 221; Ferguson v. Ashbell, 53 Tex. 250; Baldwin v. Gregg, 13 Mete. (Mass.) 255.

is understood to refer to the instrument where by a ship was originally transferred' from the builder to the owner, or first purchaser. 8 Kent, Comm. 133. 9. In the law of negotiable instruments. A promissory obligation for the payment of money. Standing alone or without qualifying words, the term is understood to mean a bank note, United States treasury note, or other piece of paper circulating as money. Green v. State, 28 Tex. App. 493, 13 S. W. 785; Keith v. Jones, 9 Johns. (N. Y.) 121; Jones v. Fales, 4 Mass. 252. —Bill of exchange. A written order from A. to B., directing B. to pay to O. 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 certain 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 Oal. § 3171. A bill of exchange is an order by one person, called the "drawer" or "maker," to another, called the "drawee" or "acceptor," to pay money to another, (who may be the drawer himself,) called the "payee," or his or der, or to the bearer. /If the payee, or a bearer, transfers the bill by indorsement, he then be comes 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 credit. In constitutional law. A bill or promissory note issued by the govern ment of a state or nation, upon its faith and credit, designed to circulate in the community as money, and redeemable at a future day. Briscoe v. Bank of Kentucky, 11 Pet. 271, 9 L. Ed. 709; Craig v. Missouri, 4 Pet. 431, 7 L. Ed. 903; Hale v. Huston, 44 Ala. 138, 4 Am. Rep. 124. In mercantile law. A license or authority given in writing from one person to another, very common among merchants, bank ers, and those who travel, empowering a person to receive or take up money of their cor respondents abroad.—Domestic bill of ex change. A bill of exchange drawn on a per son residing in the same state with the drawer; or dated at a place in the state, and drawn on a person living within the state. It is the residence of the drawer and drawee which must determine whether a bill is domestic or foreign. Ragsdale v. Franklin, 25 Miss. 143.—Foreign bill of exchange. A bill of exchange drawn in one state or country, upon a foreign state or country. A bill of exchange drawn in one country upon another country not governed by the same homogeneous laws, or not governed throughout by the same municipal laws. A bill of exchange drawn in one of the United States upon a person residing in another state is a foreign bill. See Story, BiUs, § 22; 3 Kent, Comm. 94, note; Buckner v. Finley, 2 Pet 586, 7 L. Ed. 528; Duncan v. Course, 1 Mill, Const. (S. C.) 100; Phoenix Bank v. Hus sey, 12 Pick. (Mass.) 484. 10. In maritime law. The term is applied to contracts of various sorts, but chiefly to bills of lading (see supra) and to bills of ad venture (see infra.) —Bill of adventure. A written certificate by a merchant or the master or owner of a ship, to the effect that the property and risk in goods shipped on the vessel in his own name belong to another person, to whom he is account