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son 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 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. Pr. 145.
BILL IN THE NATURE OF A BILL OF REVIVOR, chaneery practice. 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, I may be litigated in the court of chan- I eery, as in the case of a devise of i real estate, the suit is not permitted i to be continued by bill of revivor. 1 Ch. Cas. 123; lb. 174; 3 Ch. Rep. I 39; Mosely, R. 44. An original bill upon which the title may be liiigated, 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 Verb. 427; 2 Vern. 548; lb. 672; 2 Bro. P. C. 529; I Eq. Cas. Ab. 83; Mitf. PI. 66, 67.
BILL OF RIGHTS, English law. A statute passed in the reign of William and Mary, so called because it declared the true rights of British subjects. W. & M. stat. 2, c. 2.
BILL OF SALE, contracts, is an ag reement in writing, under seal,
by which a man passes the right or interest he has in goods and chattels. As the law imports a consideration when an agreement is made by deed, a bill of sale alters the property. Yelv. 196; Cro. Jac. 270; 6 Co. 18. The act of Congress of January 14, 1793, 1 Story, L. U. S. 276, provides that when any ship or vessel which shall have been registered pursuant to that act, or the act thereby partially repealed, shall in whole or in part be sold or transferred to a citizen of the United States, in every such sale or transfer, there shall be some instrument or writing in the nature of a bill of sale, which shall recite at length the certificate of registry; otherwise the said ship or vessel shall be incapable to be registered anew.
BILL OF SIGHT, English commercial law. When a merchant is ignorant of the real quantities or qualities of any goods consigned to him, so that he is unable to make a perfect entry of them, he is required to acquaint the collector or comptroller of the circumstance; and such officer is authorised, upon the importer or his agent making oath that he cannot for want of full information, make a perfect entry, to receive an entry by bill of sight, for the packages, by the best description which can be given, and to grant a warrant that the same be landed and examined by the importer in presence of the officer; and within three days after the goods have been so landed, the importer is required to make a perfect entry- See stat. 3 & 4 Will. 4, c. 52, § 24.
BILL, SINGLE, contracts, is a writing by which one person or more, promise to another or others, to pay him or them a sum of money at a time therein specified, without any condition. It is usually under seal. It differs from a promissory note in this, that the latter is always payable to order; and from a bond, because that instrument has always a condition attached to it, on the performance of which it is satisfied. 5 Com. Dig. 194; 7 Com. Dig. 357.
BILL OF STORE. English commercial law. A license granted by custom house officers to merchants, to carry such stores and provisions as are necessary for a voyage, free of duty. See stat. 3 & 4 Will. 4, c. 52.
BILL, SUPPLEMENTAL, chaneery practice. A supplemental 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 thereupon ; or some defect in a suit, arising from events happening since the points in the original were at issue, and which gives an interest to persons not parties to the suit. Blake's Ch. Pr. 50. See 3 Johns Ch. R. 423. It is proper to consider more minutely, 1, in what cases such a bill may be filed; 2, its particular requisites.
1. A supplemental bill may be filed, 1 st, 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 bv 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 bv an amendment. Mitf. Eq. PI. 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. PI. by Jeremy, 55; Coop. Eq. PI. 73; 3 Atk. R. 110; 1 Paige, R. 200. 4th, When new events, or new matters have occurred since the filing of the bill, Coop. Eq. PI. 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. PI. § 336.
2. The supplemental bill must state the original bill, and the proceedings thereon, and when it is occasioned by an event which has occured 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 may appear and answer to the charges it contains. Mitf. Eq. PI. by Jeremy, 75; Story, Eq. PI. $ 343.'
BILL TO TAKE TESTIMONY DE BENE ESSE. This bill, whose name 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 brought 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 is plaintiff or defendant in the action at law. Story, Eq. PI. § 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 de bene esse.
BILL, TRUE, vide True Bill.
BILLS PAYABLE, commerce, are engagements which a merchant has entered into in writing and which he is to pay on their becoming due. Pard. n. 85.
BILLS RECEIVABLE, commerce, are promissory notes, bills of exchange, bonds, and other evidences or securities which a merchant or trader holds, and which are payable to him. Pard. n. 85.
BILLA VERA, practice. When the proceedings of the courts were recorded in Latin, and the grand jury found a bill of indictment to be supported by the evidence, they endorsed on it billa vera; now they endorse in plain English " a true bill."
BILLINGUIS, a man of double tongue, in a legal sense is the name of a jury who pass in any case between a citizen and an alien; a jury de medietate lingua. Cunn. Diet. This kind of jury is abolished in Pennsylvania, and probably in most of the United States.
TO BIND, BINDING, contracts. These words are applied to the contract entered into between a master and an apprentice; the latter is said to be bound. In order to make a good binding, the consent of the apprentice must be had, together with that of his father, next friend, or some one standing in loco parentis. Bac. Ab. Master and Servant, (A.); 8 John. 328; 2 Pen. 977; 2 Yerg. 546; 1 Ashmead, 123; 10 Sergeant & Rawle, 416; 1 Massachusetts, 172; 1 Vermont, 69; whether a father has, by the common law, a right to bind out his child, during his minority without his consent, seems not to be settled. 2 Dall. 199; 7 Mass. 147; 1 Mason, 78; 1
Ashm. 267. Vide Apprentice; Father; Mother; Parent.
BIRRETUM or BIRRETUS. A cap or coif used formerly in England by judges and serjeants at law. Spelm. h. t.; Cunn. Diet. Vide Coif.
BIRTH, is the act of being wholly brought into the world. The whole body must be detached from that of the mother, in order to make the birth complete. 5 C. & P. 329; S. C. 24 E. C. L. R. 344; 6 C. & P. 349; S. C. 25 E. C. L. R. 433; 5 C. & P. 539; 24 E. C. L. R. 446. But if a child be killed after it has wholly come forth from the body of the mother, but is still connected with her by means of the umbilical cord, it seems that such killing will be murder. 9 C. & P. 25; S. C. 38 E. C. L. R. 21 ; 7 C. & P. 814. Vide articles Breath; Dead Born; Gestation; Life; and 1 Beck's Med. Jur. 478, et seq.; 1 Chit. Med. Jun cos. 814; 9C. & P. 25. It seems that unless it be born alive, it is not properly a birth, but a miscarriage. 1 Chit. Pr. 35, note [z]. But see Russ. & Ry. C. C. 336.
BISAILE, domestic relations. A corruption of the French word has a'ieul, the father of the grandfather or grandmother. In Latin he is called proavus. Inst. 3, 6, 3; Dig. 38,10,1,5. Vide Aile.
BISHOP. An ecclesiastical officer who is the chief of the clergy of his diocese, and is the archbishop's assistant. Happily for this country these officers are not recognised by law. They derive all their authority from the churches over which they preside.
BISSEXTILE, is the day which is added every fourth year to the month of February, in order to make the year agree with the course of the sun. It is called bissextile because in the Roman calendar it was fixed on the sixth day before the calends of March (which answers to the 241h day of February,) and this day was counted twice; the first was called bissextus prior, and the other bissextus posterior, but the latter was properly called bissextile or intercalary day. Now the day is not repeated, but a day, the 29th, is added to the month of February every fourth year; and the year when it is added is called leap year.
BLACK ACT, English law, is an act of parliament made in the 9 Geo. 2, which bears this name, to punish certain marauders who committed great outrages, in disguise, and with black faces.
BLACK BOOK OF THE ADMIRALTY, is an ancient book compiled in the reign of Edw. III. It has always been deemed of the highest authority in matters concerning the admiralty. It contains the laws of Oleron, at large; a view of the crimes and offences cognizable in the admiralty; ordinances and commentaries on matters of prize and maritime torts, injuries and contracts. 2 Gall. R. 404.
BLACK MAIL. Vide Alba firma.
BLANCH FIRMES. The same as white rent, (q. v.)
BLANK. A space left in a writing which ought to have been filled up with one or more words in order to make sense. 1. In what cases the ambiguity occasioned by blanks may be explained; 2, in what cases it cannot be explained. 1. When a blank is left in a written agreement which need not have been reduced to writing, and would have been equally binding whether written or unwritten, it is presumed, in an action for the non-performance of the contract, parol evidence might be admitted to explain the blank. And where a written instrument, which was made professedly to record a fact, is produced as evidence of that fact which
it purports to record, and atlank appears in a material part, the omission may be supplied by other proof. 1 Phil. Ev. 475; 1 Wils. 215; 7 Verm. R. 522; 6 Verm. R. 411. Hence a blank left in an award for a name, was allowed to be supplied by parol proof. 2 Dall. 180. But where a creditor signs a deed of composition leaving the amount of his debt in blank, he binds himself to all existing debts. 1 B. & A. 101; S. C. 2 Stark. R. 195.
2. If a blank is left in a policy of insurance for the name of the place of destination of a ship, it will avoid the policy. Molloy, b. 2, c. 7, s. 14. Park Ins. 22. Wesk. Ins. 42. A paper signed and sealed in blank, with verbal authority to fill it up, which is afterwards done, is void, unless afterwards delivered or acknowledged and adopted. 1 Yerg. 69, 149; 1 Hill, 267; 2 N. & M. 125; 2 Brock. 64; 2 Dev. 379; I Ham. 368; 6 Gill & John. 250; but see contra, 17 S. & R. 438. Lines ought to be drawn wherever there are blanks to prevent any thing from being inserted afterwards. 2 Valin's Comm. 151.
When the filling up blanks after the execution of deeds and other writings will vitiate them or not, see 4 Vin. Abr. 268; Moore, 547; Cro. Eliz. 626; 1 Vent. 185; 2 Lev. 35; 2 Ch. R. 187; 1 Anst. 228 ; 5 Mass. 538; 4 Binn. 1; 9 Cranch, 26; Yelv. 96; 2 Show. 161; 1 Saund. PI. & Ev. 77 ; 4 B. & A. 672; Com. Dig. Fait, F1; 4 Bing. 123; 2 Hill. Ab. c. 25, § 80; c. 33, § 54 and 72; 1 Ohio, R. 368; 4 Binn. R. 1; 6 Cowen, 118; Wright, 176.
BLANK BAR, pleading, is the same with what is called a common bar, which in an action of trespass, is put in to oblige the plaintiff to assign the certain place where the trespass was committed. Cro. Jac. 594, pl. 16.
BLANK INDORSEMENT, contract, is an indorsement which does not mention the name of the person in whose favour it is made; it is usually made by writing the name of the indorser on the back of the bill. Chit. Bills. 170.
BLASPHEMY, crim. law, is to attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. This offence has been enlarged in Pennsylvania, and perhaps most of the states by statutory provision. Vide Christianity; 11 Serg. & Rawle, 394. In England all blasphemies against God, the Christian religion, the holy Scriptures, and malicious revilings of the established church are punishable by indictment, 1 East, P. C. 3; 1 Russ. on Cr. 217; and in France before the 25th of September, 1791, it was a blasphemy also to speak against the holy virgin and the saints, to deny one's faith, to speak with impiety of holy things, and to swear by things sacred. Med. Rep. h. t. The law relating to blasphemy in that country was totally repealed by the code of 25th of September, 1791, and its present penal code, art. 262, enacts that any person who, by words or gestures, shall commit any outrage upon objects of public worship, in the places designed or actually employed, for the performance of its rites, or shall assault or insult ministers of such worship in the exercise of their functions, shall be fined from sixteen to five hundred francs, and be imprisoned for a period not less than fifteen days nor more than six months. The civil law forbad the crime of blasphemy, such, for example, as to swear by the hair or the head of God; and it punished its violation with death. Si enim contra homines factae blasphemiaj impunity non relinquuntur; multo magis qui ipsum Deum blasphemanl, digni sunt suplicia sustinere. Nov.
77, ch. 1, § 1. In Spain it is biasphemy not only to speak against God and his government, but to utter injuries against the Virgin Mary and the saints. Senen Villanova Y Manes, Materia Criminal, forense, Observ. 11, cap. 3, n. 1.
BLIND, one who is deprived of the faculty of seeing. Persons who are blind may enter into contracts and make wills like others. Garth. 53; Barn. 19, 23; 3 Leigh, R. 32. When an attesting witness becomes blind, his handwriting may be proved as if he were dead. 1 Stark. Ev. 341.
BLOCKADE, international law, is an interception by one belligerent of communication, by any persons whatever, with a place occupied by another. It will be proper here to consider, 1, by what authority the blockade must be established; 2, what will be considered a sufficient blockade, 3, the consequences of a violation of the blockade.—1. Natural sovereignty confers the right of declaring war, and the right which nations at war have of destroying or capturing each other's citizens, subjects or goods, imposes on neutral nations the obligation not to interfere with the exercise of this right within the rules prescribed by the law of nations. A declaration of a siege or blockade is an act of sovereignty, 1 Rob. Rep. 146, but a direct declaration by the sovereign authority of the besieging belligerent is not always requisite; particularly when the blockade is on a distant station, for its officers may have power, either expressly or by implication, to institute such siege or blockade. 6 Rob. R. 367.—2. To be sufficient, the blockade must be effective, and made known. By the convention of the Baltic powers of 1780, and again in 1801, and by the ordinance of congress of 1781, it is required there should be a number of vessels sta