Page:The American Cyclopædia (1879) Volume II.djvu/659

BILL BILL IN EQUITY 639 ten days, in others six, in others five, and in one or two cases three. It is usually provided however by the state constitutions that though a bill is returned unsigned and with objections by the executive, yet if on a reconsideration it be passed by the houses by certain majorities it shall become a law notwithstanding the veto. This constitutional majority differs in different states. In some it is two thirds or other proportion of the actual members of the legislative body, and in some such proportion of the members actually present. The consti- tutions of most of our states contain provisions relating to the form of bills. Thus, to prevent abuses by putting in the body of a bill matters which are not suggested by its title, by which contrivance the legislature or the people may be misled and deceived as to the real purport of an enactment, it is declared in many of the states that no bill shall embrace more than one subject, and that that shall be expressed in its title. In some of the states this prohibition is restricted to private or local bills; and in some of them it is declared that when this re- quirement is violated the bill shall be invalid only as to so much of it as is not disclosed by the title. When an enacting style, as it is called, is furnished by constitution or statute, it must be followed in the language of the bill or it cannot become a law. In England the present form is: "Be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal in this present parliament assembled, and by the authority of the same." The constitution of the United States provides no such enacting clause, nor was there any statute upon the subject until the year 1871. By an act of "Feb. 25 of that year (ch. 71) it is provided that the enacting clause of all acts of congress henceforth shall be in the following form : " Be it enacted by the senate and house of repre- sentatives of the United States in congress assembled ; " and the like clause of joint reso- lutions shall be : " Resolved by the senate and house of representatives in congress assem- bled ; " and no further enacting or resolving words shall be used in any subsequent section or resolution after the first. The constitution of the United States prohibits congress from passing any bill of attainder or ex pott facto law, and prohibits the states from passing either of these or any law impairing the obli- gation of contracts. Some of the states forbid their legislatures from passing bills of attainder for treason or felony. Many of the state con- stitutions also forbid the enactment of retro- spective laws. This provision covers as well civil as criminal cases, and is therefore of wider scope than the prohibition of ex post facto laws, which refers to criminal laws only. In some states the passing of judicial bills such as those which grant divorces is also prohibited. BILL, Brownbill, Glaive, Vonlge, or Gisanne, all names for nearly the same instrument, which, with some slight modification, was the stand- 93 VOL. n. 41 ing weapon of the English infantry at close quarters, from the time of the battle of Has- tings till that of Queen Elizabeth. The origi- nal brownbill was a ponderous cutting weapon with two edges, that forward of the shaft hav- ing a concave or sickle blade, that to the back a sort of angular cutting face, the upper part projecting before the base, so as to give a drawing blow. This terrible instrument was nearly 3 ft. in length and 10 or 12 Ibs. in weight, set erect on a shaft of 3 or 4 ft. It was wielded with both hands, and could sever a horse's head or a man's thigh or shoulder, through the strongest mail or plate armor. The weapon was afterward lengthened and lightened, and provided with a spear head, so that the holder could charge it like a lance, and sometimes with a cutting hook, for sever- ing the bridles of the men-at-arms, or pulling them out of their saddles. BILL OF CREDIT, paper issued by the au- thority and upon the faith of the state, and de- signed to circulate as money. By the consti- tution of the United States the states are pro- hibited from issuing bills of credit ; but it has been held that the bills of banking corporations chartered by the state do not come within the inhibition, even though the state may be owner in whole or in part of the stock. BILL IN EQUITY, the statement of the plain- tiff's case in an equity suit. In English law it is addressed to the lord chancellor, and, com- mencing with the names of the plaintiffs, pro- ceeds to state the circumstances of their case and the grievance to be redressed, setting out or making reference to all documentary evi- dence relied on. From the statement it pro- ceeds to charge against the defendants, col- lectively or individually, the various facts which either specifically or by induction con- stitute the gravamen of the case. It concludes with the prayer for relief, and with interroga- tories, both general and specific, to which the plaintiffs require an answer. The bill may not join distinct subjects of complaint ; if it does, it is objectionable for multifariousness. It must contain no irrelevant matter, otherwise it may be excepted to for impertinence ; nor scandal- ous matter, that is, the narrative of mere hear- say report, or personally offensive expressions, which may be expunged. The introductory or narrative part must support the charging part ; the charges must cover all the case intended to be made against the defendants, and the in- terrogatories must demand specific informa- tion, either affirmation, denial, or explanation, upon all those points which are important to