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Dictionary Results For "bill" [?]/[OPML]
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See Bill

English

Pronunciation

  • IPA: /bɪl/
  • An audio transcript can be found at en-us-bill.ogg


Etymology 1

bil#Old English|bil, from West Germanic. Cognate with German Bille ‘axe’.

Noun

  1. Any of various bladed or pointed hand weapons, originally designating an Anglo-Saxon sword, and later a weapon of infantry, especially in the 14th and 15th centuries. A common form of bill consisted of a broad, heavy, double-edged, hook-shaped blade, having a short pike at the back and another at the top, and attached to the end of a long staff.
  2. *: France had no infantry that dared to face the English bows and bills. — Macaulay.
  3. * 1786: In the British Museum there is an entry of a warrant, granted to Nicholas Spicer, authorising him to impress smiths for making two thousand Welch bills or glaives. — Francis Grose, A Treatise on Ancient Armour and Weapons.
  1. A cutting instrument, with hook-shaped point, and fitted with a handle, used in pruning, etc.; a billhook.
  2. Somebody armed with a bill; a bill-man.
  3. The extremity of the arm of an anchor; the point of or beyond the fluke.


Synonyms


Translations
  • Finnish:
  • French: {{t+|fr|hallebarde|f}}
  • Finnish:
  • French: {{t+|fr|hallebardier|m}}
  • Finnish:
Derived terms


Verb

  1. To dig, chop, etc., with a bill.


Translations
  • Finnish:
  • Swedish:

Etymology 2

bile#Old English|bile, of unknown origin.

Noun

  1. The beak of a bird, especially when small or flattish; sometimes also used with reference to a turtle, platypus, or other animal.
  2. * 1595: The woosel cock so black of hue, With orange-tawny bill, The throstle with his note so true, The wren with little quill... — William Shakespeare, A Midsummer Night's Dream, Act III, Scene I, line 125.
  3. A beak-like projection, especially a promontory.


Synonyms


Derived terms


Translations
  • Finnish:
  • French: {{t+|fr|bec|m}}
  • German: {{t+|de|Schnabel|m}}
  • Irish: {{t-|ga|gob|m|xs=Irish}}
  • Russian: {{t+|ru|клюв|m|tr=kljuv|sc=Cyrl}}
  • Spanish: {{t+|es|pico|m}}
  • Swedish: näbb
  • Finnish:

Verb

  1. To peck.
  2. To stroke bill against bill, with reference to doves; to caress in fondness.
  3. * 1599: As the ox hath his bow, sir, the horse his curb and the falcon her bells, so man hath his desires; and as pigeons bill, so wedlock would be nibbling.


Translations

Etymology 3

bille, from bulle, from bulla ‘seal, sealed document’. Compare bull.

Noun

  1. A written list or inventory. (Now obsolete except in specific senses or set phrases; bill of lading, bill of goods, etc.)
  2. A document, originally sealed; a formal statement or official memorandum. (Now obsolete except with certain qualifying words; bill of health, bill of sale etc.)
  3. A draft of a law, presented to a legislature for enactment; a proposed or projected law.
  4. * 1600: Why, I'll exhibit a bill in the parliament for the putting down of men. — William Shakespeare, The Merry Wives of Windsor, Act II, Scene I, line 28.
  5. A declaration made in writing, stating some wrong the complainant has suffered from the defendant, or a fault committed by some person against a law.
  6. A piece of paper money; a banknote.
  7. * 1830: Anon, The Galaxy of Wit: Or, Laughing Philosopher, Being a Collection of Choice Anecdotes, Many of Which Originated in or about "The Literary Emporium" — He gave the change for a three dollar bill. Upon examination, the bill proved to be counterfeit.
  8. A written note of goods sold, services rendered, or work done, with the price or charge; an invoice.
  9. * 1607: My lord, here is my bill. — William Shakespeare, Timon of Athens, Act III, Scene IV, line 85.
  10. A paper, written or printed, and posted up or given away, to advertise something, as a lecture, a play, or the sale of goods; a placard; a poster; a handbill.
  11. * 1595: In the meantime I will draw a bill of properties, such as our play wants. — William Shakespeare, A Midsummer Night's Dream, Act I, Scene II, line 104.
  12. * She put up the bill in her parlor window. — Dickens.
  13. A writing binding the signer or signers to pay a certain sum at a future day or on demand, with or without interest, as may be stated in the document. A bill of exchange. In the United States, it is usually called a note, a note of hand, or a promissory note.
  14. * 1600: Ay, and Rato-lorum too; and a gentleman born, Master Parson; who writes himself Armigero, in any bill, warrant, quittance, or obligation, Armigero. — William Shakespeare, The Merry Wives of Windsor, Act I, Scene I, line 8.


Synonyms


Translations
  • Finnish:
  • Finnish:
  • French: {{t+|fr|note|f}}, {{t+|fr|acte|m}}
  • Finnish:
  • French: {{t+|fr|greffe|m}}
  • Czech: {{t-|cs|bankovka|f}}
  • Finnish:
  • German: {{t+|de|Geldschein|m}}
  • Czech: {{t-|cs|účet|m}}
  • Finnish:
  • German: {{t+|de|Rechnung|f}}
  • Finnish:
  • French: {{t+|fr|tract|m}}
  • Czech: {{t-|cs|směnka|f}}
  • Finnish: vekseli
  • French: {{t+|fr|facture|f}}
Derived terms

Verb

  1. To advertise by a bill or public notice.
  2. To charge; to send a bill to.


Synonyms


Translations
  • Swedish:

Category:Weapons

et:bill el:bill fa:bill fr:bill gl:bill io:bill it:bill kk:bill ku:bill lt:bill hu:bill ja:bill pl:bill ru:bill simple:bill fi:bill ta:bill te:bill vi:bill zh:bill

GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, n. [OE. bile, bille, AS. bile beak of a bird,
proboscis; cf. Ir. & Gael. bil, bile, mouth, lip, bird's
bill. Cf. Bill a weapon.]
A beak, as of a bird, or sometimes of a turtle or other
animal. --Milton.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, v. t.
To work upon ( as to dig, hoe, hack, or chop anything) with a
bill.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, v. i. [imp. & p. p. Billed; p. pr. & vb. n.
Billing.]
1. To strike; to peck. [Obs.]
[1913 Webster]

2. To join bills, as doves; to caress in fondness. "As
pigeons bill." --Shak.
[1913 Webster]

To bill and coo, to interchange caresses; -- said of doves;
also of demonstrative lovers. --Thackeray.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, n. [OE. bill, bille, fr. LL. billa (or OF. bille),
for L. bulla anything rounded, LL., seal, stamp, letter,
edict, roll; cf. F. bille a ball, prob. fr. Ger.; cf. MHG.
bickel, D. bikkel, dice. Cf. Bull papal edict, Billet a
paper.]
[1913 Webster]
1. (Law) A declaration made in writing, stating some wrong
the complainant has suffered from the defendant, or a
fault committed by some person against a law.
[1913 Webster]

2. A writing binding the signer or signers to pay a certain
sum at a future day or on demand, with or without
interest, as may be stated in the document. [Eng.]
[1913 Webster]

Note: In the United States, it is usually called a note, a
note of hand, or a promissory note.
[1913 Webster]

3. A form or draft of a law, presented to a legislature for
enactment; a proposed or projected law.
[1913 Webster]

4. A paper, written or printed, and posted up or given away,
to advertise something, as a lecture, a play, or the sale
of goods; a placard; a poster; a handbill.
[1913 Webster]

She put up the bill in her parlor window. --Dickens.
[1913 Webster]

5. An account of goods sold, services rendered, or work done,
with the price or charge; a statement of a creditor's
claim, in gross or by items; as, a grocer's bill.
[1913 Webster]

6. Any paper, containing a statement of particulars; as, a
bill of charges or expenditures; a weekly bill of
mortality; a bill of fare, etc.
[1913 Webster]

Bill of adventure. See under Adventure.

Bill of costs, a statement of the items which form the
total amount of the costs of a party to a suit or action.


Bill of credit.
(a) Within the constitution of the United States, a paper
issued by a State, on the mere faith and credit of the
State, and designed to circulate as money. No State
shall "emit bills of credit." --U. S. Const. --Peters.
--Wharton. --Bouvier
(b) Among merchants, a letter sent by an agent or other
person to a merchant, desiring him to give credit to
the bearer for goods or money.

Bill of divorce, in the Jewish law, a writing given by the
husband to the wife, by which the marriage relation was
dissolved. --Jer. iii. 8.

Bill of entry, a written account of goods entered at the
customhouse, whether imported or intended for exportation.


Bill of exceptions. See under Exception.

Bill of exchange (Com.), a written order or request from
one person or house to another, desiring the latter to pay
to some person designated a certain sum of money therein
generally is, and, to be negotiable, must be, made payable
to order or to bearer. So also the order generally
expresses a specified time of payment, and that it is
drawn for value. The person who draws the bill is called
the drawer, the person on whom it is drawn is, before
acceptance, called the drawee, -- after acceptance, the
acceptor; the person to whom the money is directed to be
paid is called the payee. The person making the order may
himself be the payee. The bill itself is frequently called
a draft. See Exchange. --Chitty.

Bill of fare, a written or printed enumeration of the
dishes served at a public table, or of the dishes (with
prices annexed) which may be ordered at a restaurant, etc.


Bill of health, a certificate from the proper authorities
as to the state of health of a ship's company at the time
of her leaving port.

Bill of indictment, a written accusation lawfully presented
to a grand jury. If the jury consider the evidence
sufficient to support the accusation, they indorse it "A
true bill," otherwise they write upon it "Not a true
bill," or "Not found," or "Ignoramus", or "Ignored."

Bill of lading, a written account of goods shipped by any
person, signed by the agent of the owner of the vessel, or
by its master, acknowledging the receipt of the goods, and
promising to deliver them safe at the place directed,
dangers of the sea excepted. It is usual for the master to
sign two, three, or four copies of the bill; one of which
he keeps in possession, one is kept by the shipper, and
one is sent to the consignee of the goods.

Bill of mortality, an official statement of the number of
deaths in a place or district within a given time; also, a
district required to be covered by such statement; as, a
place within the bills of mortality of London.

Bill of pains and penalties, a special act of a 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.
--Bouvier. --Wharton.

Bill of parcels, an account given by the seller to the
buyer of the several articles purchased, with the price of
each.

Bill of particulars (Law), a detailed statement of the
items of a plaintiff's demand in an action, or of the
defendant's set-off.

Bill of rights, a summary of rights and privileges claimed
by a people. Such was the declaration presented by the
Lords and Commons of England to the Prince and Princess of
Orange in 1688, and enacted in Parliament after they
became king and queen. In America, a bill or declaration
of rights is prefixed to most of the constitutions of the
several States.

Bill of sale, a formal instrument for the conveyance or
transfer of goods and chattels.

Bill of sight, a form of entry at the customhouse, by which
goods, respecting which the importer is not possessed of
full information, may be provisionally landed for
examination.

Bill of store, a license granted at the customhouse to
merchants, to carry such stores and provisions as are
necessary for a voyage, custom free. --Wharton.

Bills payable (pl.), the outstanding unpaid notes or
acceptances made and issued by an individual or firm.

Bills receivable (pl.), the unpaid promissory notes or
acceptances held by an individual or firm. --McElrath.

A true bill, a bill of indictment sanctioned by a grand
jury.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, n.
The bell, or boom, of the bittern
[1913 Webster]

The bittern's hollow bill was heard. --Wordsworth.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, n. [OE. bil, AS. bill, bil; akin to OS. bil sword,
OHG. bill pickax, G. bille. Cf. Bill bea?.]
1. A cutting instrument, with hook-shaped point, and fitted
with a handle; -- used in pruning, etc.; a billhook. When
short, called a hand bill, when long, a hedge bill.
[1913 Webster]

2. A weapon of infantry, in the 14th and 15th centuries. A
common form of bill consisted of a broad, heavy,
double-edged, hook-shaped blade, having a short pike at
the back and another at the top, and attached to the end
of a long staff.
[1913 Webster]

France had no infantry that dared to face the
English bows end bills. --Macaulay.
[1913 Webster]

3. One who wields a bill; a billman. --Strype.
[1913 Webster]

4. A pickax, or mattock. [Obs.]
[1913 Webster]

5. (Naut.) The extremity of the arm of an anchor; the point
of or beyond the fluke.
[1913 Webster]
GNU Project's publication of CIDE, the Collaborative International Dictionary of English Bill \Bill\, v. t.
1. To advertise by a bill or public notice.
[1913 Webster]

2. To charge or enter in a bill; as, to bill goods.
[1913 Webster]
WordNet bill
n 1: a statute in draft before it becomes law; "they held a
public hearing on the bill" [syn: measure]
2: an itemized statement of money owed for goods shipped or
services rendered; "he paid his bill and left"; "send me
an account of what I owe" [syn: account, invoice]
3: a piece of paper money (especially one issued by a central
bank); "he peeled off five one-thousand-zloty notes" [syn:
note, government note, bank bill, banker's bill,
bank note, banknote, Federal Reserve note, greenback]
4: the entertainment offered at a public presentation
5: a list of particulars (as a playbill or bill of fare)
6: an advertisement (usually printed on a page or in a leaflet)
intended for wide distribution; "he mailed the circular to
all subscribers" [syn: circular, handbill, broadside,
broadsheet, flier, flyer, throwaway]
7: horny projecting mouth of a bird [syn: beak, neb, nib,
pecker]
8: a sign posted in a public place as an advertisement; "a
poster advertised the coming attractions" [syn: poster,
posting, placard, notice, card]
9: a long-handled saw with a curved blade; "he used a bill to
prune branches off of the tree" [syn: billhook]
10: a brim that projects to the front to shade the eyes; "he
pulled down the bill of his cap and trudged ahead" [syn:
peak, eyeshade, visor, vizor]
v 1: demand payment; "Will I get charged for this service?"; "We
were billed for 4 nights in the hotel, although we
stayed only 3 nights" [syn: charge]
2: advertise especially by posters or placards; "He was billed
as the greatest tenor since Caruso"
3: publicize or announce by placards [syn: placard]
Moby Dictionary
CD
, Federal Reserve note , IOU , MO , acceptance , acceptance bill ,
account
, accounts payable , accounts receivable , act , advertise ,
affiche
, affidavit , agenda , allegation , allowance , amount due ,
antlia
, assessment , assignat , bad debts , ballyhoo , bank acceptance ,
bank check
, bank note , banknote , bark , batting order , be a gas ,
be a hit
, beak , beezer , benefit , bill of account ,
bill of complaint
, bill of draft , bill of exchange , bill of fare ,
bill of lading
, bills , blackmail , blank check , blood money ,
blueprint
, bomb , bone , book , books , boost , borrowing , breakwater ,
buck
, budget , bugle , build up , bulletin , bylaw , calendar , call ,
call in
, canon , cape , card , carte , carte du jour , certificate ,
certificate of deposit
, certified check , charge , charges , check ,
checkbook
, cheque , chersonese , chits , circularize , claim , clause ,
commercial paper
, companion bills amendment , complaint , conk ,
coral reef
, cry up , damage , debenture , debt , debut , declaration ,
decree
, delta , demand bill , demand draft , demand payment ,
deposition
, dictate , dictation , docket , dollar bill , draft ,
dragnet clause
, dramatize , due , due bill , dues , dun , edict ,
emolument
, enacting clause , enactment , entertainment ,
escalator clause
, establish , exchequer bill , exhibit , exhibition ,
fail
, farewell performance , feature , fee , fiat money ,
financial commitment
, fish , flesh show , floating debt , flop ,
folding money
, footing , foreland , form , formality , formula ,
formulary
, fractional note , frogskin , funded debt , give a write-up ,
give publicity
, government note , handbill , head , headland ,
headline
, hold-up bill , hook , hush money , indebtedness , indebtment ,
initiation fee
, institution , invoice , iron man , itemized bill ,
jaws
, joker , jus , law , ledger , legal-tender note , legislation ,
letter of credit
, lex , liability , libel , line up , lineup ,
list of agenda
, make a hit , manifest , maturity , measure ,
melodramatize
, menu , mileage , money order , motion , mount , muffle ,
mull
, muzzle , nares , narratio , national bank note , national debt ,
naze
, neb , negotiable instrument , negotiable note , ness , nib ,
nolle prosequi
, nonsuit , nose , nostrils , note , note of hand ,
nozzle
, obligation , olfactory organ , omnibus bill , open ,
open a show
, ordinance , ordonnance , outstanding debt , paper ,
paper money
, peak , pecker , peninsula , performance , placard ,
playbill
, pledge , plug , point , post , post bills , post up ,
postal order
, premiere , prescript , prescription , present ,
presentation
, presentment , press-agent , preview ,
privileged question
, proboscis , produce , production , program ,
program of operation
, programma , promissory note , promontory ,
promote
, prospectus , protocol , proviso , public debt , publicize ,
puff
, put on , question , reckoning , reef , regulation , retainer ,
retaining fee
, rhinarium , rider , roster , rostrum , rubric , rule ,
ruling
, sandspit , saving clause , scenarize , schedule , schnozzle ,
score
, scot , scrip , sell , send a statement , set the stage ,
shinplaster
, show , sight bill , sight draft , skin , slate , smacker ,
smeller
, snoot , snout , spiel , spit , spur , stage ,
stage presentation
, standing order , star , statement ,
statement of facts
, statute , stipend , succeed , swan song , tab ,
tabulation
, tally , theatrical performance , theatricalize ,
time bill
, time draft , tongue , trade acceptance , treasury bill ,
treasury note
, tribute , trunk , try out , tryout , uncollectibles ,
unfulfilled pledge
, voucher , warrant , write up


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. Sec. 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., Sec. 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. Sec. 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. Sec. 295; Story on Eq. Sec. 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. Sec. 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 touching 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. Sec. 302. 4. It must exhibit some ground of necessity for perpetuating the evidence. Story, Eq. Pl. Sec. 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. Sec. 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 alre
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