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BILL IN EQUITY OR CHANCERY committed against some law or statute of
continued. the realm. Such bills are sometimes ad- statutory—proceeding by petition or sumdressed or exhibited to the Lord Chan- mons was not available, the bill was the cellor, especially where the wrongs done only process, but at the same time a unito the complainant are matters of con- versal process, of initiating proceedings. science; and sometimes they are addressed However, now, under the Judicature Act, and preferred to others having jurisdic- 1873, all actions and suits are to be comtion in the matter, according as the law menced by a writ of summons; but the whereon they are grounded directs. This operation of the Act has been postponed. bill contains a statement of the fact complained of, and of the damages thereby
BILL OF EXCEPTIONS. If during a suffered, and a petition that process may
trial a judge, in his direction to the jury, or issue against the defendant for redress. In in his decision, mistakes the law, either criminal matters, when a grand jury, upon
through ignorance, inadvertence, or design, any presentment or indictment, consider the counsel on either side may require him the same to be probably true, they write publicly to seal a bill of exceptions, which ou it two words, billa vera, in other words, is a statement in writing of the point they are said to find a true bill, and there- wherein he has committed the error, and upon the accused party is said to stand wbich statement, by fixing his seal thereto, indicted of the crime, and is bound to he thus acknowledges (Smith's Action at make answer to it; and if the crime con. Law, p. 82). This statement should be put cern the life of the person indicted, it is
in writing while the Court is sitting, and then referred to another inquest, called in the presence of the judge who tried the the jury of life and death, by whom, should cause, and signed by the counsel on each he be found guilty, he stands convicted of
side ; after wbich it is formally drawn up the crime, and is by the judge condemned and tendered to the judge to be sealed. A accordingly. Bill is also a common en
bill of exceptions is said to be in the nature gagement for money given by one man to of an appeal from the judgment or decision another; and is sometimes with a penalty,
of the Court below to a Court of error. called a penal bill, and sometimes without (Wright v. Sharp, 1 Salk. 288; Gardner v. a penalty, when it is termed a single bill.
Bailey, 1 Boss. & P. 32; Wright v. Tatham, By a bill was commonly understood a 7 A. & E. 331). By the Judicature Act, single bond without a condition; and it 1873, bills of exception are abolished, and was formerly the same as an obligation, an appeal to the Court of Appeal substisave that it was called bill when in Eug
tuted for them; but the operation of the lish, and an obligation when in Latin. Act has been postponed. See following titles.
BILL OF EXCHANGE, A bill of exBILL FOR DISCOVERY : See title Dis
change is defined by Blackstone to be an
open letter of request from one man to
another, desiring him to pay a sum named BILL IN EQUITY OR CHANCERY. The therein to a third person on his account.” method of instituting a suit in the Court The person who draws or makes the bill is of Chancery is by addressing a bill, in the called the drawer; the person to whom it is nature of a petition, to the Lord Chan- addressed is called the drawee; and when cellor. This bill is neither more nor less the drawee has undertaken to pay thie than a statement of all the circumstances amount (which undertaking he signifies by which gave rise to the complaint, and a writing across the bill of exchange the prayer or petition for particular relief, ac- word “accepted” together with his name, cording to the case made by the bill, or for with or without adding the place where the general relief, according as the nature of money is to be paid), then he is called the the case may require. When this bill is acceptor; the person to whom the money drawn up or prepared, it is left with the is ordered to be paid is called the payee; proper officer of the Court in order to be and if the payee transfers it over to another filed, and this is what is termed filing a (which he does by simply writing bis bill in Equity. Bills in Equity are all of name across the back), he is then called the same general character, but some of the indorser, and the person to whom ho them being of a secondary nature to the thus transfers it is called the indorsee, which principal bill, have acquired names descrip- latter person may also, if he pleases, in his tive of that 'secondary nature, e.g., Cross
turn transfer it to another party (by the Bills
, Supplemental Bills, Bills of Revivor, same process of signing his name on the Bills for Discovery,&c., all
which titles see. back, or indorsing it, as it is termed), and Hitherto a bill has been a method of thus it may be transferred from one person originating proceedings in Chancery, and to another ad infinitum, the party trans
, i ferring it always being called the indorser,
BILL OF EXCHANGE-continuerl. and the party to whom it is transferred the indorsee. To illustrate the subject further, a common form of a bill of exchange is here given :£100.
London, June 1, 1874. One month after date pay to George Montague, or order, the sum of one hundred pounds, and place the same to my account.
John Smith, To Mr. John Harrison,
Merchant, 50, Broad Street. Now in the above form, “John Smith " is the drawer of the bill, "John Harrison " is the drawee, and when he has signified his acceptance of the bill by writing across the face of it
“ John Harrison," he is then also termed the acceptor; and
George Montague" is the payee. When the acceptor of a bill of exchange is a man of substance and of good credit, it renders it easily negotiable, and consequently almost as valuable as a bank note. Chitty on Bills of Exchange.
See also titles ACCEPTANCE; INDORSE
MENT; ACCOMMODATION BILL; FO-
DISHONOUR; PROTEST. BILL OF LADING. This is a document which is signed and delivered by the shipowner, or master as his agent, to the shippers in a general ship on the goods being shipped ; or, speaking more practically, upon the goods being shipped, the mate gives the shipper an acknowledgment thereof, which is called the “mate's receipt,” and the shipper takes that to the broker or captain of the ship, who exchanges it for the bill of lading.
Form of Bill of Lading :-A bill of lading is commonly made out in parts. One or more of these parts are sent by the shipper to the consignee of the goods, one is retained by the shipper in his own custody, and another is given to the master, shipowner, or captain. The bill, after mentioning the shipping of the goods in good order and condition, and their destination, undertakes to deliver same in like order and condition to the consignee or his assigns, upon payment by the latter of the agreed freight.
Incidents of Bill of Lading :-A bill of lading may be indorsed, and thereafter, upon being delivered, it passes to the indorsee the property in the goods to which it relates; and since the Act 18 & 19 Vict. c. 111, the indorsee may sue thereon in his own name, and not, as heretofore, in the
BILL OF LADING-continued. name of the indorser only. The actual holder of a bill of lading, although insolvent, may even defeat by a bonâ fide indorsement, accompanied with delivery of the bill of lading, the right of the unpaid consiglior or vendor to stop the goods in transitu ; and for this purpose it is not material that the indorsee knows that the consignor has not been paid for the goods in money, if he does not know that the consignee is insolvent, or that the bills given in payment are bad (Cuming v. Brown, 9 East, 506). No property, however, passes by the indorsement if there is fraud in the transfer, or if there is notice by the previous indorsement that the earlier transfer is conditional only, or if the indorsee knows of the insolvency of the consignee (Vertue v. Jewell, 4 Camp. 31). Nor can the bona fide indorsee for value interfere by virtue of the indorsement to him with the stoppage in transitu, if the person through whom the bill of lading came to him had no authority from the shipper or consignee to put it in circulation (Gurney V. Behrend, 3 E. & B. 622), the bill of lading being in this respect like an overdue bill of exchange. And it is expressly provided by the 18 & 19 Vict. c. 111, s. 2, that the extension which that Act gives to the rights and liabilities of the indorsee shall not affect in any way the right of stoppage in transitu. Where the bill of lading is negotiated by way of pledge, the right to stop in transitu may be gone at Law (and the better opinion seems that it is); but it remains in Equity, subject to the pledgee's rights in respect of his specific advance. In re Westzinthus, 5 B. & Ad. 817.
A bill of lading, after indorsement, is countermandable before actual delivery thereof or of the goods to the indorsee ; but, after an indorsement and delivery of the bill of lading and invoice of the goods as a security against bills which are to be drawn by the indorsers on the indorsees, the indorsers cannot, after having obtained the acceptances, and whilst the balance of accounts is in favour of the indorsees, countermand the delivery of the goods, and the master of a ship would be liable in trover if he acted under any such order (Haille v. Smith, 1 B. & P. 563). But, semble, it would be otherwise if the balance of accounts were the other way.
BILL OF MIDDLESEX. A species of process by which actions were formerly commenced in the Court of Queen's Bench. It was a kind of precept directed to the sheriff of the county, commanding him to take the body of the defendant and have it, on a certain day therein-mentioned, in Court, wheresoever the lord the king should be
BILL OF MIDDLESEX- continued. in England (Boote's Suit at Law, 38). This mode of proceeding was abolished by the Uniformity of Process Act, 2 Will. 4, C, 39.
BILL OF PEACE. These are bills in the nature of bills quia timet (which title see), but which are most commonly brought after the right has been tried at Law. The bill is brought for the purpose of establishing and perpetuating a right claimed by the plaintiff, the right being of a nature to be controverted by different persons, at different times, and by different actions. The design of the bill is to secure repose from perpetual litigation, or the fear thereof, and is justified by the doctrine of public policy that there should be an end to litigation. Thus, the lord of a manor may bring such a bill against his tenants in regard of an encroachment; and see Sheffield Waterworks Co. v. Yeomans, L. R. 2 Ch. App. 8, and compare Earl of Bath v. Sherwin, Prec. Ch. 26.
BILL OF RIGHTS. The statute 1 Will. & Mary, stat. 2, c. 2, is so termed because it declares the true rights of British subjects. The short contents of it are as follows: After reciting the various unconstitutional and illegal acts of the preceding Stuart reigns, it goes on to enact as follows: (1.) The suspending power, when ex
ercised by the Crown without the
assent of Parliament is illegal; (2.) The dispensing power, as of late
exercised, is illegal ; (3.) Levying money by prerogative is
illegal; (4.) The subjects have a right to petition
the Crown, and all commitments
for so petitioning are illegal;
army within the kingdom in time
the assent of Parliament;
secured ; and (7.) Excessive bail, excessive fines, &c.,
&c., discouraged. BILL OF SALE. Is an instrument whereby one person called the assignor assigns, or purports to assign, to another person called the assignee, personal property or chattels, either conditionally, i.e., by way of mortgage, or absolutely, i.e., by way of sale or gift outright. See titles ASSIGNMENT PERSONAL PROPERTY ; CONVEYANCES.
Under the Bills of Sale Act, 1854 (17 & 18 Vict. c. 56), every bill of sale requires to be registered within twenty-one days from the making thereof, otherwise the same is void as against execution creditors,
BILL OF SALE—continued. the trustee in bankruptcy, and others. Under the Amendment Act, 1866 (29 & 30 Vict. c. 96), it requires to be re-registered every five years. And even then, without possession taken prior to an act of bankruptcy, it is void as against the trustee in baukruptcy. Badger v. Shaw, 2 El. & El. 472, following Stansfield v. Cubitt, 27 L.J. (Ch.) 266.
This strictness of the law is due to the fact, that fictitious bills of sale are often given for the purpose of effectuating a fraud. In Edwards v. Harben (2 T.R.587), following Twyne's Case (1 Sm. L. C. 1), the retention of possession by the maker was accepted as an index of fraud. The bill of sale is, however, in all cases good as between the parties. Bessey v. Windham, 6 Q. B. 166.
BILL, PARLIAMENTARY. A parliamentary bill has been described as the “ draft or skeleton of a statute." Bills are divided into two classes, viz, public and private bills. The former are such as involve the interests of the public at large, and when passed by all the three branches of the Legislature, become a portion of the public statutes of the realm ; the latter are such as have reference to the interests of private individuals, and are frequently introduced to enable them to undertake works of public utility at their own risk; such, for instance, are the various bills introduced for the purpose of establishing railway companies ; such also are those of naturalization, for change of name, for divorce, &c. See May's Treatise on Parl., although all, or the majority, of these latter purposes, aro now partly accomplished in virtue of public or general statutes, see Lands Clauses Consolidation Act, 1845, &c.
BILL OF PARTICULARS. ticulars, or, as it is frequently termed, a particular of plaintiff's demand, is a statement in writing of what the plaintiff seeks to recover in his action. Its object is to furnish the defendant with a better or more specific statement of the plaintiff's cause of action than is to be collected from the declaration or summons. The bill of particulars “differs from the declaration, inasmuch as the one discloses the nature and legal effect of the plaintiff's claim, the other its component ingredients.” Lush's Pr. 374; Pylie v. Stevens, 6 Mee. & W. 814, per Curiam.
BILL OF REVIVOR: See title REVIVOR.
BIRTH. By the statute 6 & 7 Will. 4, c. 86, it is provided that the certified copies of entries, purporting to be sealed with the seal of the Registrar-General's office, shall be evidence of the birth [death, or marriage], to which the same relates, without
A bill of par
BIRTH-continued. any further or other proof of such entry. An affidavit of identity must, however, accompany the extract as proof of the birth [death, or marriage). Parkinson v. Francis, 15 Sim. 160.
In criminal law, the concealment of a birth is, under 24 & 25 Vict. c. 100, s. 60, a misdemeanour; and as such is punishable with imprisonment for any term not exceeding two years, with or without hard labour.
BISHOP. A dignitary of the church who has episcopal jurisdiction within his diocese, but which jurisdiction he commonly exercises through his chancellor or commissary.
See titles ECCLESIASTICAL COURTS;
ARCHBISHOP. BLASPHEMY. To revile at or to deny the truth of Christianity as by law established is a blasphemy, and as such is punishable by the common law. Under the stat. 9 & 10 Will. 3, c. 32, cited in the Stats. Rev. as 9 Will. 3, c. 35, any professed Christian who denies the Holy Trinity, or generally the Christian religion, may be indicted for the same, and upon conviction is liable to be deprived of office and incapacitated for holding future oflice; but the prosecution requires to be commenced within four days of the blasphemy spoken; and is to be desisted from, and all the penalties are to be removed, upon the defendant's renunciation of his heretical opinions.
BLOCKADE. A blockade in law must be an actual or effective blockade, and not a paper blockade merely ; in other words, a port is blockaded when a squadron is in the vicinity of it for the purpose of preventing ingress into and egress from it, and not when it is merely declared to be under blockade. A violation of blockade requires three things-(1.) That the blockade be effective; (2.) That the accused had notice thereof; aná (3.), That he made ingress or egress in disregard of the blockade.
BOARDING-HOUSE. The keeper of such a house is bound to take ordinary care of the goods of his guest therein, and will be liable for negligence occasioning loss (Dancey v. Richardson, 2 El. & Bl. 144); but his liability is not so extreme as that of an innkeeper (Holden v. Soulby, 8 W. R. 438). A contract for board and lodging is not a contract regarding land within the meaning of the Statute of Frauds. Wright v. Stavart, 8 W, R. 413.
BOARD OF HEALTH. Under the stats. 11 & 12 Vict. c. 63 (Public Health Act, 1818), 21 & 22 Vict. c. 98 (Local Government Act, 1858), and other Acts amending same, local boards are constituted for the
BOARD OF HEALTH-continued. better securing the public health, and who for that purpose exercise certain powers as to sewers, drains, buildings, slaughterhouses, &c.
BOARD OF TRADE. One of the administrative departments of the Government, constituted by the Acts 22 Geo. 3, c. 82, and 24 & 25 Vict. cc. 45 & 47, and possessing under various statutes a very general jurisdiction and superintendence over railways, merchant shipping and seamen, harbours, fisheries, &c.
BOARD OF WORKS. The name of a board of officers appointed for the better local management of the metropolis. They have the care and management of all grounds and gardens dedicated to the use of the inhabitants in the metropolis; also, the superintendence of the drainage; also, the regulation of the street traffic, and generally of the buildings of the metropolis. BOCKLAND (Sax. for bookland).
An inheritance or possession held by the evidence of written instruments. It was one of the titles by which the English Saxons held their lands, and, being always in writing, was hence called bockland, which signifies terram codicillariam, or librariam, deed land or charter land. It was the same as allodium, being descendible according to the common course of nature and nations, and devisable by will. This species of inheritance was usually possessed by the thanes or nobles. Spelman on Feuds.
BONA NOTABILIA. Such goods as a party dying had in another diocese than that wherein he died, and as amounted at the least to £5, which, whoever had, must have had his will proved before the archbishop of that province, unless, by composition or custom, other dioceses were authorized to do it, where bona notabilia were rated at a greater sum. If, however, a person bappened to die in another diocese than that wherein he lived, while on a journey, what he had about him of the value of £5 was not bona notabilia. Book of Canons, 1 Jac. Can. 92, 93; Cunningham. But now under the Court of Probate Act, 1857 (20 & 21 Vict. c. 77), ss. 3-4, the distinction of goods as bona notabilia has been abolished, 1 Wms. Exors. 279-280.
BONA VACANTIA. Goods in which no one claims a property but the king; such as royal fish, shipwrecks, treasure trove, waifs, strays, &c. Where a person dies possessed of personal property, intestate, and leaving no next of kin, the Crown becomes entitled upon office found to all such property. This title of the Crown is in virtue of its prerogative, and in this respect differs from the BONA VACANTIA—continued.
BOTTOMRY-continued. title of the Crown to land by escheat. the premium or interest agreed upon, howSee Middleton v. Spicer, 1 Bro. C. C. 201 ; ever it may exceed what was once the legal Burgess v. Wheate, 1 Eden, 177.
rate of interest. And this is allowed to
be a valid contract in all trading nations, BOND. Is a contract by specialty to pay for the benefit of commerce, and by reason a certain sum of money. It is either single,
of the extraordinary hazard run by the ie, simple, in which case the money is ab
lender; and in this case, the ship and solutely to be paid; or double, i.e., condi
tackle, if brought ome, are answerable tional, in which case the money is only
(as well as the person of the borrower) for conditionally payable, and ceases to be pay
money lent. Park on Insurance. able or becomes absolutely payable accord- See also titles RESPONDENTIA; SHIPing to the event which is expressed in the
PING. condition. If the condition is entire and unlawful, the bond is void (Collins v. Blan- BOUGHT AND SOLD NOTES. These tern, 1 Sm. L. C.325); but if the condition are the notes which a broker of stock or is seserable, and part of it is good, the goods sends respectively to the vendor and bond is valid to that extent (Yale v. Rex
purchaser for whom he has been engaged (in error), 6 Bro. P. C. 61). In the case of in the particular sale. They furnish the alternative conditions, if one becomes im- evidence of the contract, and, if they possible, the other, as a general rule, be- agree, bind the principals, the broker comes absolute (Da Costa v. Davis, 1 B. & having authority to sign both. Fisenden P. 212). The chief varieties of bonds are v. Levy, 3 F. & F. 477. the following:-Bonds of Indemnity, Post Obit Bonds, Voluntary Bonds, Administra- BOUNDARIES. The boundaries of tion Bonds, Bail Bonds, Bottomry Bonds, boroughs are at present regulated by the Debentures, Guaranties, Replevin Bonds, stats. 2 & 3 Will. 4, c. 64, and 6 & 7 Will. 4, Fonds in Restraint of Trade, Resignation c. 103. Upon a question of boundaries, Bonds, and Lloyd's Bonds, most of which evidence of reputation, although in the will be found explained under the appro- nature of hearsay, is receivable. priate titles.
See title HEARSAY EVIDENCE. See also title OBLIGATION.
BOURSE DE COMMERCE. In French BOROUGH : See title REPRESENTATION.
law, is an aggregation sanctioned by GoBOROUGH ENGLISH. The custom
vernment of merchants, captains of vessels, which prevails in certain ancient boroughs
exchange-agents, and courtiers, the two and copyhold manors, of lands descending
latter being nominated by the Government to the youngest son instead of to the
in each city which has a bourse. eldest. The reason of this custom seems
BRAWLING. to be, that in these boroughs people chiefly
Under the 27 Geo. 3, c. maintain and support themselves by trade
44, any suit for this offence was to be and industry; and the elder children, being
brought in the Ecclesiastical Court within provided for out of their father's goods, and
eight months; but under the stat. 23 & 24 introduced into his trade in his lifetime,
Vict. c. 32, the Ecclesiastical Courts were were able to subsist of themselves without
deprived of all their jurisdiction in the any land provision, and therefore the
matter in the case of lay persons, and the land descended to the youngest son, he
justices of the peace were invested with being in most danger of being left desti- authority to punish the ottence as a misde
meanour. tnte. It is called borough English, because, as some hold, it first prevailed in
BREACH OF PRIVILEGE. A breach England. Unlike Gavelkind, the mode of descent in borough English is confined to
of privilege is a contempt of the High lineal descendants, and does not extend to
Court of Parliament, whether relating to
the House of Lords or to the House of collaterals. See titles GAVELKIND; TENURES.
Commons. Both branches of the Legis
lature act on the same grounds, both BOTTOMRY. Is in the nature of a declare what are and what are not breaches mortgage of a ship, when the owner takes of their privileges, when the question is up money upon it to enable him to carry raised, and both punish, by commitment on his voyage, and pledges the keel or or otherwise, as the Courts of Law and bottom of the ship (partem pro toto), as a Equity do for contempt of Court. Resecurity for the repayment thereof. In sistance to the officers of the Houses of which case it is understood, that if the Parliament has, in almost all cases, been ship be lost, the lender loses also his whole treated as a breach of the privileges of money; but if it return in safety, then he Parliament. The presence of strangers is shall receive back his principal, and also a breach of privilege, though permitted on