Page:Encyclopædia Britannica, Ninth Edition, v. 3.djvu/691

Rh BILL means generally a statement in writing, and is derived from the Latin bidla. The word is used in a great many special applications.

, in, is a form of statute submitted to either House, which, after passing both Houses and receiv ing the royal assent, becomes an Act. The modern system of legislating by means of bill and staiute appears to have been introduced in the reign of Henry VI., superseding the older mode of proceeding by petitions from the Commons, assented to by the king, and afterwards enrolled by the judges. A bill consists of a preamble, reciting the necessity for legis lation, and clauses which contain the enactments. The procedure with regard to bills is much the same in both Houses. Leave having been obtained, the bill is presented by the member in charge of it, and the first reading is usually allowed without opposition. At the second reading the principle of the bill is placed in issue ; the usual form of amendment is that the bill be read a second time that day three or six months, the direct rejection of bills being incompatible with the courtesy of the House. The next stage is the committee, in which the different clauses are gone through in detail by the House sitting under the presidency of a chairman of committees. Two principles must be observed in reference to amendments: (1), The amendment must not be irrelevant to the subject-matter of the clause ; nor (2), must it propose to leave out all the words of the clause after the initial &quot; That &quot; in order that new words may be introduced. The bill having been fully considered the committee rises, the speaker resumes the chair, and the chairman of committee reports the bill to the House, which is up to this time supposed to be ignorant of the proceedings of the committee. A bill may be referred to a select committee (the course followed with private bills) or recommitted as often as the House desires. On the third reading the judgment of the House is expressed on the entire bill as it leaves the hands of the committee ; and after the third reading the motion that the bill do pass is usually allowed without opposition. The bill is then communicated to the other House, where it passes through the same stages. Should the one House make amendments on a bill sent up by the other, the latter considers the amend ments, and if they are not agreed to the bill is laid aside, or postponed for three or six months, or a message is sent with reasons for disagreement, or a conference between the Houses is requested. Having passed through both Houses the bill receives the royal assent, and therewith the &quot; complement and perfection of a law.&quot; Bills are divided into public and private; the latter includes every bill for &quot; the particular interest or benefit of any person or persons,&quot; whether individuals or corporations. They are brought in upon the solicitation of parties interested, and the payment of fees is an indispensable element of their progress. Occasionally there is some difficulty in assigning a bill to its proper class, e.g., in bills relating to the metro polis, which, on account of the magnitude of the interests involved, are sometimes treated as public bills, although having, according to the definition, a purely private character. Private bills are subject to special regulations, and in case of opposition the proceedings before the select committees assume the form of an ordinary litigation. The chairman of committees in the Lords, and the chairman of ways and means in the Commons, are required to watch unopposed bills. Certain bills can only originate in one or other of the two Houses, e.g., money bills in the House of Commons, and bills for the restitution of honours and blood in the House of Lords ; and any bill concerning the privileges of either House should originate in the House to which it relates.

{{ti|1em|A {{sc|Bill of}} {{9link|Exchange|sc=1}} is definedas &quot;anuncondiiional writ ten order from A to B, directing B to pay to C a sum certain of money therein named.&quot; A is called the drawer, B the drawee, and C the payee. When the drawer has undertaken to pay the bill he is called the acceptor. Contrary to the general rule in the law of England the benefit of a contract arising on a bill of exchange is assignable, and consideration will be presumed unless the contrary appear. Bills of exchange are believed to have been in use in the 14th century, but the first recorded decision of an English court regarding them occurs in the reign of James I. The courts long regarded them with jealousy as an exception to the common law, and restricted their use to the class of merchants, but their obvious utility overcame the scruples of the judges. The law on this subject has been evolved in a long series of judicial decisions. The following are a few of its leading principles : A bill to be transferable must contain a direction to the order of the payee or to bearer. If payable to order it irmst be transferred by endorsement ; but if to bearer, it may be transferred by mere deliver}. A blank endorse ment (e.g., the mere signature of the endorser) makes the bill payable to bearer ; a special endorsement directs payment to a person named, or his order. Every endorser of a bill is in effect a ne.w drawer, and is liable to every succeeding holder in default of acceptance or payment. Just as the original drawer contracts to pay the payee, if the acceptor do not, so the endorser contracts that, if the drawer shall not pay the bill, he, on receiving due notice of the bill being dishonoured, will pay the holder what the drawee ought to have paid, An endorsement is held to admit &quot; the signature and capacity of every prior party,&quot; and an endorser, in default of acceptance or payment, has a right of action against all those whose names were on the bill when it was endorsed to him. When a bill is trans ferred by delivery without endorsement it is generally regarded as sold, and the instrument is taken with all its risks. There are, however, some exceptions to this rule, as in the case of payment by bill for a precedent debt, &c., and the transferor will be held responsible if he knows at the time of sale that the bills are good for nothing. When a bill is payable to bearer it circulates like money, and the bona fide possessor is considered the true owner. Bills should be presented as soon as possible to the drawer or his agent for acceptance, which must be in writing on the bill. They should be presented for payment at the proper time, and the laws of commercial countries usually allow three days of grace after the day on which the bill becomes due. If the bill is not duly presented by the holder, the antecedent parties are relieved from liability. If the bill is not accepted, or after acceptance not paid, the holder must give notice of dishonour to the antecedent parties within a reasonable time, otherwise their liability will be discharged. When a foreign bill is dishonoured the custom of merchants requires that it should be protested. The protest is a solemn declaration by a notary written under a copy of the bill that payment or acceptance has been demanded and refused. Bills and notes, by the usage of trade, carry interest from the date of maturity. If in an action on a bill it turn out that the bill has been lost, the action may still be maintained provided that an indemnity is given against the claims of any other persons upon the instrument. The Act 18 and 19 Viet. c. 67, gives a summary process to the plaintiff in an action on a bill of exchange or promissory note commenced within six months after the same has become due or payable. Unless the defendant has obtained leave to appear and has appeared to the action, the plaintiff may sign final judgment for the amount with costs. The defendant, if he wishes to defend the action, must pay the money into court or show by affidavit such facts as may be sufficient to induce the judge to give him leave.}}

Foreign Bills (as distinguished from Inland Bills) are 