BILL,
chancery practice. A complaint in writing addressed to the chancellor,
containing the names of the parties to the suit, both complainant and
defendant, a statement of the facts on which the complainant relies, and
the allegations which he makes, with an averment that the acts
complained of are contrary to equity , and a prayer for relief and
proper process. Its office in a chancery suit, is the same as a
declaration in an action at law, a libel in a court of admiralty or an
allegation in, the spiritual courts.
2.
A bill usually consists of nine parts. 1. The address, which must be to
the chancellor, court or judge acting as such. 2. The second part
consists of the names of the plaintiffs and their descriptions; but the
description of the parties in this part of the bill does not, it seems,
constitute a sufficient averment, so as to put that fact in issue. 2.
Ves. & Bea. 327. 3. The third part is called the premises or stating
part of the bill, and contains the plaintiff's case. 4. In the fourth
place is a general charge of confederacy. 5. The fifth part consists of
allegations of the defendant's pretences, and charges in evidence of
them. 6. The sixth part contains the clause of jurisdiction and in
averment that the acts complained of are contrary to equity. 7. The
seventh part consists of a prayer that the parties answer the premises,
which is usually termed the interrogatory part. 8. The prayer for relief
sought forms the eighth part. And, 9. The ninth part is a prayer for
process. 2 Mad. Ch. 166; Blake's Ch. P. 35; 1 Mitf. Pl. 41. The facts
contained in the bill, as far as known to the complainant, must, in some
cases, be sworn to be true; and such as are not known to him, he must
swear he believes to be true; and it must be signed by counsel; 2 Madd.
Ch. Pr. 167; Story, Eq. Pl. §26 to 47; and for cases requiring an
affidavit, see, 3 Brow. Chan. Cas. 12, 24, 463; Bunb. 35; 2 Brow. 11 1
Fow. Proc. 256 Mitf. Pl. 51; 2 P. Wms. 451; 3 Id. 77; 1 Atk. 450; 3 Id.
17, 132; 3 Atk. 132 Preced. in Ch. 332 Barton's Equity, 48 n. 1, 53 n.
1, 56 n. 1 2 Brow. Ch. Cas. 281, 319; 4 Id. 480
3.
Bills may be divided into three classes, namely: 1. Original bills. 2.
Bills not original. 3. Bills in the nature of original bills.
4.
- 1. An original bill is one which prays the decree of the court,
touching some right claimed by the person exhibiting the bill, in
opposition to some right claimed by the person against whom the bill is
exhibited. Hinde, 19; Coop. Eq. Pl. 43. Original bills always relate to
some matter not before litigated in the court by the same persons, and
standing in the same interests. Mitf. Eq. Pl. by Jeremy, 34; Story, Eq.
Pl., §16. They may be divided into those which pray relief, and those
which do not pray relief.
5.
- 1st. Original bills praying relief are of three kinds. First. Bills
Praying the decree or order of the court, touching some right claimed by
the party exhibiting the bill, in opposition to some right, real or
supposed, claimed by the party against whom the bill is exhibited, or
touching some wrong done in violation of the plaintiff's right. Mitf.
Eq. Pl. 32.
6.
- Secondly. A bill of interpleader, is one in which the person
exhibiting it claims no right in opposition to the rights claimed by the
person against whom the bill is exhibited, but prays the decree of the
court touching the rights of those persons, for the safety of the person
exhibiting the bill. Hinde, 20; Coop. Eq. Pl. 43; Mitf. Pl. 32. The
Practical Register defines it to be a bill exhibited by a third person,
who, not knowing to whom he ought of right to render a debt or duty, or
pay his rent, fears he may be hurt by some of the claimants, and
therefore prays be may interplead, so that the court may judge to whom
the thing belongs, and he be thereby safe on the payment. Pr. Reg. 78;
Harr. Ch. Pr. 45; Edw. Inj. 393; 2 Paige, 199 Id. 570; 6 John. Ch. R.
445.
7.
The interpleader has been compared to the intervention (q. v.) of the
civil law. Gilb. For. Rom. 47. But there is a striking difference
between them. The tertius in our interpleader in equity, professes to
have no interest in the subject, and calls upon the parties who allege
they have, to come forward and discuss their claims: the tertius of the
civil law, on the other hand, asserts a right himself in the 'Subject,
which two persons are at the time actually contesting, and insists upon
his right to join in the discussion. A bill of interpleader may be
filed, though the party has not been sued at law, or has been sued by
one only of the conflicting claimants, or though the claim of one of the
defendants is actionable at law, and the other in equity. 6 Johns.
Chan. R. 445. The requisites of a bill of this kind are, 1. It must
admit the want of interest in the plaintiff in the subject matter of
dispute. 2. The plaintiff must annex an affidavit that there is no
collusion between him and either of the parties. 3. The bill must
contain an offer to bring the money into court, when there is any due;
the want of which is a ground of demurrer, unless the money has actually
been paid into court. Mitf. Eq. Pl. 49; Coop. Eq. Pl. 49; Barton, Suit
in Eq. 47, note 1. 4. The plaintiff should state his own rights, and
thereby negative any interest in the thing in controversy; and also
should state the several claims of the opposite parties; a neglect on
this subject is good cause of demurrer. Mitf. Eq. Pl. by Jeremy, 142; 2
Story on Eq. §821; Story, Eq. Pl. 292. 5. The bill should also show that
there are persons in esse capable of interpleading, and setting up
opposite claims. Coop. Eq. Pl. 46; 1 Mont. Eq. Pl. 234; Story, Eq. Pl.
§295; Story on Eq. §821; 1 Ves. 248. 6. The bill should pray that the
defendants set forth their several titles, and interplead, settle, and
adjust their demands between themselves. The bill also generally prays
an injunction to restrain the proceedings of the claimants, or either of
them, at law; and, in this case, the bill should offer to bring the
money into court and the court will not in general act upon this part of
the prayer, unless the money be actually brought into court. 4 Paige's
R. 384 6 John. Ch. R. 445.
8.
Thirdly. A bill of certiorari, is one praying the writ of certiorari to
remove a cause from an inferior court of equity. Coop. El q. 44. The
requisites of this bill are that it state, 1st. the proceedings in the
inferior court; 2d. the incompetency of such court, by suggesting that
the cause is out of its jurisdiction; or that the witnesses live out of
its jurisdiction; or are not able, by age or infirmity, or the distance
of the place, to follow the suit there or that, for some other cause,
justice is not likely to be done-, 3d. the bill must pray a writ of
certiorari, to certify and remove the record and the cause to the
superior court. Wyatt, Pr. Reg. 82; Harr. Ch. Pr. 49; Story, Eq. Pl.
§298. This bill is seldom used in the United States.
9.
- 2d. Original bills not praying relief are of two kinds. First,. Bills
to secure evidence, which are bills to perpetuate the testimony of
witnesses or bills to examine witnesses de bene esse. These will be
separately considered.
10.
- 1. A bill to perpetuate the testimony of witnesses, is one which
prays leave to examine them, and states that the witnesses are old,
infirm, or sick, or going beyond the jurisdiction of the court, whereby
the party is in danger of losing the benefit of their testimony. Hinde,
20. It does not pray for relief. Coop. Eq. Pl. 44.
11.
In order to maintain such a bill, it is requisite to state on its face
all the material facts to support the jurisdiction. It must state, 1.
the subject-matter toucbing which the plaintiff is desirous of giving
evidence. Rep. Temp. Finch, 391; 4 Madd. R. 8, 10. 2. It must show that
the plaintiff has some interest in the subject-matter, which may be
endangered if the testimony in support of it be lost; and a mere
expectancy, however strong, is not sufficient. 6 Ves. 260 1 Vern. 105;
15 Ves. 136; Mitf. Eq. Pl. by Jeremy, 51 Coop. Eq. Pl., 52. 3. It must
state that the defendant has, or pretends to have, or that he claims an
interest to contest the title of the plaintiff in the subject-matter of
the proposed testimony. Coop. Pl. 56; Story, Eq. Pl. §302. 4. It must
exhibit some ground of necessity for perpetuating the evidence. Story,
Eq. Pl. §303 Mitf. Eq. Pl. by Jeremy, 52, 148 and note y; Coop. Eq. Pl.
53. 5. The right of which the bill is brought to perpetuate the evidence
or testimony, should be described with reasonable certainty in the
bill, so as to point the proper interrogations on both sides to the true
merits of the controversy. 1 Vern. 312; Coop. Eq. Pl. 56. 6. It should
pray leave to examine the witnesses touching the matter stated, to the
end that their testimony maybe preserved and perpetuated. Mitf. Pl 52. A
bill to perpetuate testimony differs from a bill to take testimony de
bene esse, in this, that the latter is sustainable only when there is a
suit already depending, while the former can be maintained only when no
present suit can be brought at law by the party seeking the aid of a
court to try his right. Story, Eq. Pl. §307. The canonists had a similar
rule. According to the canon law, witnesses could be examined before
any action was commenced, for fear that their evidence might be lost. x,
cap. 5 Boehmer, n. 5 8 Toull. n. 23.
12.
- 2. Bill to take testimony de bene esse. This bill, the name of which
is sufficiently descriptive of its object, is frequently confounded with
a bill to perpetuate testimony; but although it bears a close analogy
to it, ,it is very different. Bills to perpetuate testimony can be
maintained only, when no present suit can be maintained at law by the
party seeking the aid of the court to try his right; whereas bills to
take testimony de bene esse, are sustainable only in aid of a suit
already depending. 1 Sim. & Stu. 83. The latter may be brought by a
person who is in possession, or out of possession; and whether he be
plaintiff or defendant in the action at law. Story, Eq Pl. §307 and 303,
note; Story on Eq. 1813, note 3. In many respects the rules which
regulate the framing of bills to perpetuate testimony, are applicable to
bills to take testimony ae bene esse.
13.
- Secondly. A bill of discovery, emphatically so called, is one which
prays for the discovery of facts resting within the knowledge of the
person against whom the bill is exhibited, or of deeds, writings, or
other things in his custody or power. Hinde, 20; Blake's Ch. Pr. 37.
Every bill, except the bill of certiorari, may in truth, be considered a
bill of discovery, for every bill seeks a disclosure of circumstances
relative to the plaintiff's case; but that usually and emphatically
distinguished by this appellation is a bill for the discovery of facts,
resting in the knowledge of the defendant, or of deeds or writings, or
other things in his custody or power, and seeking no relief in
consequence of the discovery.
14.
This bill is commonly used in aid of the jurisdiction of some other
court as to enable the plaintiff Ito prosecute or defend an action at
law. Mitf. Pl. 52. "The plaintiff, in this species of bill, must be
entitled to the discovery he seeks, and shall only have a discovery of
what is necessary for his own title, as of deeds he claims under, and
not to pry into that of the defendant. 2 Ves. 445. See Blake's Ch. Pr.
45 Mitf. Pl. 52 Coop. Eq. Pl. 58 1 Madd. Ch. Pr. 196 Hare on Disc.
passim Wagr. on Disc. passim.
15.
The action ad exhibendum, in the Roman law, was not unlike a bill of
discovery. Its object was to force the party against whom it was
instituted, to exhibit a thing or a title in his power. It was always
preparatory to another, which was always a real action in the sense of
the word in the Roman law. See Action ad exhibendum; Merlin, Questions
de Droit, tome i. 84.
16.
- II . Bills not original. These are either in addition to, or a
continuance of an original bill, or both. Mitf. c. 1, s . 2; Story, Eq.
Pl. §388; .4 Bouv. Inst. n. 4100.
17.
- 1st. Of the first class are, 1. A supplemental bill. This bill is
occasioned by some defect in a suit already instituted, whereby the
parties cannot obtain complete justice, to which otherwise the case by
their bill would have entitled them. It is used for the purpose of
supplying some irregularity discovered in the formation of the original
bill, or some of the proceedings there upon; or some defect in a suit,
arising from events happening since the points in the original were at
issue, which give an interest to˜20persons not parties to the suit.
Blake's Ch. Pr. 50. See 3 Johns. Ch. R. 423.
18. It is proper to consider more minutely 1. in what cases such a bill may be filed; 2. its particular requisites.
19.-
1. A supplemental bill may be filed, 1st. whenever the imperfection in
the original bill arises from the omission of some material fact, which
existed before the filing of the bill, but the time has passed in which
it can be introduced into the bill by amendment,, Mitf. Eq. Pl. 55, 61,
325 but leave of court must be obtained, before a bill which seeks to
change the original structure of the bill, and to introduce a new and
different case, can be filed. 2d. When a party necessary to the
proceedings has been omitted, and cannot be admitted by an amendment.
Mitf. Eq. Pl. 61 6 Madd. R. 369; 4 John. Ch. R. 605. 3d. When, after the
court has decided upon the suit as framed, it appears necessary to
bring some other matter before the court to obtain the full effect of
the decision; or before a decision has been obtained, but after the
parties are at issue upon the points in the original bill, and witnesses
have been examined, (in which case, an amendment is not in general
permitted,) some other point appears necessary to be made, or some
additional discovery is found requisite. Mitf. Eq. Pl. by Jeremy, 55;
Coop Eq. Pl. 73; 3 Atk. R. 110; 12 Paige, R. 200. 4th. When new events
or new matters have occurred since the filing of the bill; Coop. Eq. Pl.
74; these events or matters, however, are confined to such as refer to
and support the rights and interests already mentioned in the bill.
Story, Eq. Pl. §336.
20.
- 2. The supplemental bill must state the original bill, and the
proceedings thereon and when it is occasioned by an event which has
occurred subsequently to the original bill, it must state that event,
and the consequent alteration with regard to the parties. In general,
the supplemental bill must pray that all defendants appear and answer
the charges it contains. Mitf. Eq. Pl. by Jeremy, 75 Story, Eq. Pl.
§343.
21.
- 2. A bill of revivor, which is a continuance of the original bill,
when by death some party to it has become incapable of prosecuting or
defending a suit, or a female plaintiff has by marriage incapacitated
herself from suing alone. Mitf. Pl. 33, 70; 2 Madd. Ch. Pr. 526. See 3
Johns. Ch. R. 60: Story, Eq. Pl. §354, et. seq.
22.
- 3. A bill of revivor and supplement. This is a compound of a
supple-mental bill and bill of revivor, and not only continues the suit,
which has abated by the death of the plaintiff, 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 R. 334; Mitf. Pl. 32, 74.
23.
- 2d. Among the second class may be placed, 1. A cross bill. This is
one which is brought by a defendant in a suit against the plaintiff,
respecting the matter in question in that bill. Coop. Eq. Pl. 85 Mitf.
Pl. 75.
24.
A bill of this kind is usually brought to obtain, either a necessary
discovery, or full relief to all the parties. It frequently happens, and
particularlly if any questions arises between two defendants to a bill,
that the court cannot make a complete decree without a cross bill, or
cross bills to bring every matter in dispute completely before the
court, litigated by the proper parties, and upon proper proofs. In this
case it becomes necessary for some one of the defendants to the original
bill to file a bill against the plaintiff and other defendants in that
bill, or some of them, and bring the litigated point properly before the
court.
25.
A cross bill should state the original bill, and the proceedings
thereon, and the rights of the party exhibiting the bill which are
necessary to be made the subject of a cross litigation, or the grounds
on which he resists the claims of the plaintiff in the original bill, if
that is the object of the new bill.
26.
A cross bill may be filed to answer the purpose of a plea puis darrein
continuance at the common law. For example, where, pending a suit, and
after replication and issue joined, the defendant having obtained a
release and attempted to prove it viva voce at the bearing, it was
determined that the release not being in issue in the cause, the court
could not try the facts, or direct a trial at law for that purpose, and
that a new bill must be filed to put the release in issue. Mitf. Pl. 75,
76 Coop. Eq. Pl. 85; 1 Harr. Ch. Pr. 135.
27.
A cross bill must be brought before publication is passed on the first
bill, 1 Johns. Ch. R. 62, and not after, except the plaintiff in the
cross bill go to the hearing on the depositions already published;
because of the danger of perjury and subornation, if the parties should,
after publication of the former depositions, examine witnesses, de
novo, to the same matter before examined into. 7 Johns. Ch. Rep. 250;
Nels. Ch. R. 103.
28.
- 2. A bill of review. Bills of review are in the nature of writs of
error. They are brought to have decrees of the court reviewed, altered,
or reversed, and there are two sorts of these bills. The first is
brought where the decree has been signed and enrolled and the second,
where the decree has not been signed and enrolled. 1 Ch. Cas. 54; 3 P.
Wms. 371. The first of these is called, by way of preeminence, a bill of
review; while the other is distinguished by the appellation of a bill
in the nature of a bill of review, or a supplemental bill iii the nature
of a bill of review. Coop. Eq. Pl. 88; 2 Madd. Ch. Pr. 537.
29.
A bill of review must be either for error in point of law; 2 Johns. C.
R. 488; Coop. Eq. Pl. 89; or for some new matter of fact, relevant to
the case, discovered since publication passed in the cause; and which
could not, with reasonable diligence, have been discovered before. 2
Johns. C. R. 488; Coop. Eq. Pl. 94. See 3 Johns. R. 124,
30.
- 3. Bill to impeach a decree on the ground of fraud. When a decree has
been obtained by fraud, it may be impeached by original bill, without
leave of court. As the principal point in issue, is the fraud in
obtaining it, it must be established before the propriety of the decree
can be investigated, and the fraud must be distinctly stated in the
bill. The prayer must necessarily be varied according to the nature of
the fraud used, and the extent of its operation in obtaining an improper
decision of the court. When the decree to set aside a fraudulent decree
has been obtained, the court will restore the parties to their former
situation, whatever their rights may be. Mitf. Eq. Pl. 84; Sto. Eq. Pl.
§426.
>31.
- 4. Bill to suspend a decree. The operation of a decree may be
suspended under special circumstances, or avoided by matter subsequent
to the decrees upon a new bill for that purpose. See 1 Ch. Cas. 3, 61 2
Ch . Cal 8 Mitf. Eq. Pl. 85 , 86.
32.
- 5. Bill to carry a decree into execution. This is one which is filed
when from the neglect of parties, or some other cause, it may become
impossible to carry a decree into execution without the further decree
of the court. Hinde, 68; 1 Harr. Ch. 148.
33. - 6. Bills partaking of the qualities of some one or more of other bills. These are,
34.
First. Bill in the nature of a bill of revivor. A bill in the nature of
a bill of revivor, is one which is filed when the death of a party,
whose interest is not determined by his death, is attended with such a
transmission of his interest, that the title to it, as well as the
person entitled, may be litigated in the court of chancery, as in the
case of a devise of real estate, the suit is not permitted to be
continued by bill of revivor. 1 Ch. Cas. 123; Id. 174; 3 Ch. Rep. 39;
Mosely, R. 44. In such cases an original bill, upon which the title may
be litigated, must be filed, and this bill will have so far the effect
of a bill of revivor, that if the, title of the representative by the
act of the deceased party is established, the same benefit may be had of
the proceedings upon the former bill, as if the suit had been continued
by bill of revivor. 1 Vern. 427; 2 Vern. 548 Id. 672; 2 Bro. P. C. 529;
1 Eq. Cas. Ab. 83; Mitf. Pl. 66, 67.
35.
Secondly. Bill in the nature. of a supplemental bill. An original bill
in the nature of a supplemental bill, is one filed when the interest of
the plaintiff or defendant, suing or defending, wholly determines, and
the same property becomes vested in another person not claiming under
him. Hinde, 71; Blake's Ch. Pr. 38. The principal difference between
this and a supplemental bill, seems to be, that a supplemental bill is
applicable to such cases only, where the same parties or the same
interests remain before the court; whereas, an original bill in the
nature of a supplemental bill, is properly applicable where new parties,
with new interests, arising from events occurring since the institution
of the suit, are brought before the court. Coop. Eq. Pl. 75; Story, Eq.
Pl. §345.
36.
Thirdly. Bill in the nature of a bill of review. A bill in the nature
of a bill of review, is one brought by a person not bound by a decree,
praying that the same may be examined and reversed; as where a decree is
made against a person who has no interest at all in the matter in
dispute, or had not an interest sufficient to render the decree against
him binding upon some person claiming after him. Relief may be obtained
against error in the decree, by a bill in the nature of a bill of
review. This bill in its frame resembles a bill of review, except that
instead of praying that the former decree may be reviewed and reversed,
it prays that the cause may be heard with respect to the new matter made
the subject of the supplemental bill, at the same time that it is
reheard upon the original bill; and that the plaintiff may have such
relief as the nature of the case made by the supplemental bill may
require. 1 Harr. Ch. P. 145.
37.
There are also bills which derive their names from the object which the
complainant has in view. These will be separately considered.
38.-
1. Bill of foreclosure. A bill of foreclosure is one filed by a
mortgagee against the mortgagor, for the purpose of having the estate,
sold, thereby to obtain the sum mortgaged on the premises, with interest
and costs. 1 Madd. Ch. Pr. 528. As to the persons who are to be made
parties to a bill of foreclosure, see Story, Eq. Pl. §199-202.
39.
- 2. Bill of information. A bill of information is a bill instituted in
behalf of the state, or those whose rights are the object of its care
and protection. It is commenced by information exhibited in the name of
the attorney-general, and differs from other bills little more than in
name. If the suit immediately concerns the right of the state, the
information is generally exhibited without a relator. If it does not
immediately concern those rights, it is conducted at the instance and
under the immediate direction of, some person whose name is inserted in
the information, and is termed the relator; the officers of the state,
in such or the like cases, are not further concerned than as they are
instructed and advised by those whose rights the state is called upon to
protect and establish. Blake's Ch. Pl. 50; see Harr. Ch. Pr. 151.
40.
- 3. Bill to marshal assets. A bill to marshal assets is one filed in
favor of simple contract creditors, and of legatees, devisees, and
heirs, but not in favor of next of kin, to prevent specialty. creditors
from exhausting the personal estate. See Marshaling of Assets.
41.
- 4. Bill to marshal securities. A bill to marshal securities is one
which is filed against a party who has two funds by which his debt is
secured, by a person having an interest in only one of those funds. As
if A has two mortgages and B has but one, B has a right to throw A upon
the security which B cannot touch. 2 Atk. 446; see 8 Ves. 388, 395. This
last case contains a luminous exposition in all its bearings. In
Pennsylvania, and perhaps in some other states, the object of this bill
is reached by subrogation, (q. v.) that is, by substituting the
creditor, having but one fund to resort to, to the rights of the other
creditor, in respect to the other fund.
42.
- 5. Bill for a new trial. This is a bill filed in a court of equity
praying for an injunction after judgment at law, when there is any fact,
which renders it against conscience to execute such judgment, and of
which the injured party could not avail himself in a court of law-, or,
if he could, was prevented by fraud or accident, unmixed with any fault
or negligence of himself or his agents. Mitf. Pl. by Jer. 131; 2 Story
Eq. §887. Of late years bills of this description are not countenanced.
Id.˜201 John. Ch. R. 432 6 John. Ch. R. 479.
43.
- 6. Bill of peace. A bill of peace is one which is filed when a person
has a right which may be controverted by various persons, at different
times, and by different actions. In such a case the court will prevent a
multiplicity of suits, by directing an issue to determine the right,
and ultimately grant an injunction. 1 Madd. Ch. Pr. 166; 1 Harr. Ch. Pr.
104; Blake's Ch. Pr. 48; 2 Story, Eq. Jur. §852 to 860; Jeremy on Eq.
Jurisd. 343 2 John. Ch. R. 281; 8 Cranch, R. 426.
44.
There is another class of cases in which a bill of peace is now
ordinarily applied; namely, when the plaintiff, after repeated and
satisfactory trials, has established his right at law, and is still in
danger of new attempts to controvert it. In order to quiet the
possession of the plaintiff, and to suppress future litigation, courts
of equity, under such circumstances, will interfere, and grant a
perpetual injunction. 3 John. R. 529; 8 Cranch, R. 462; Mit. Pl. by
Jeremy, 143; 2 John. Ch. R. 281; Ed. on Inj. 356.
45.
- 7. Bill quia timet. A bill quia timet, is one which is filed when a
person is entitled to property of a personal nature after another's
death, and has reason to apprehend it may be destroyed by the present
possessor; or when he is apprehensive of being subjected to a future
inconvenience, probable or even possible to happen or be occasioned by
the neglect, inadvertance, or culpability of another. Upon a proper case
being made out, the court will, in one case, secure the property for
the use of the party (which is the object of the bill) by compelling the
person in possession of it, to give a proper security against any
subsequent disposition or wilful destruction and in the other case, they
will quiet the party's apprehension of future inconvenience, by
removing the causes which may lead to it. 1 Harr. Ch. Pr. 107; 1 Madd.
Ch. Pr. 218: Blake's Ch. Pr. 37, 47; 2 Story, Eq. Jur. §825 to 851.
Vide, generally, Bouv. Inst. Index, h. t.
BILL,
merc. law. An account containing the items of goods sold, or of work
done by one person against another. It differs from an account stated
(q. v.) in this, that the latter is a bill approved and sanctioned by
the debtor, whereas a bill is made out by the creditor alone.
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