Bill in Equity in United Kingdom

Meaning of Bill in Chancery; Bill in Equity

The following is an old definition of Bill in Chancery; Bill in Equity [1]: A statement, addressed to a chancellor or a court of equity, of the facts which give rise to a complaint, with a petition for relief. This may be an original bill or a bill not original, a cross-bill, a supplemental bill, a bill for discovery, of conformity, interpleader, peace or quia timet, review, revivor, foreclosure, a creditor’s bill, qsee, in this resource, the termA bill in equity corresponds to a declaration at law. Its parts are: 1, the address to the court; 2, the names of the parties; 3, the facts of complainant’s case- the stating part; 4, a general charge of improper combination – the clause of confederation; 5, the pretenses, or excuses respondent may have to offer in defense – the charging part; 6, allegations that the respondent’s acts are contrary to equity, and that no adequate remedy is afforded at law – the clause of jurisdiction; 7, a prayer for answers to interrogations – the interrogating part; 8, a prayer for relief; 9, a prayer for process. Parts 4, 5, and 6 are omitted, except where fraud is to be specifically charged as an actual fact. The whole is sworn to by the complainant. When a person has a cause which is redressible only in equity he commences his suit by preferring to the court a written statement of his case called a “bill in chancery” or a “bill in equity,” which is in the nature of a petition to the court, sets forth the material facts, and concludes with a prayer for the appropriate relief or other thing required of the court, and for the usual process against the parties, against whom the relief or other thing is sought, to bring them before the court to make answer in the premises. The most general division of bills is those which are original and those which are not original. Original bills relate to some matter not before’ litigated in the court, by the same persons standing in the same interests. These bills may again be divided into those which pray, and those which do not pray, relief. Bills not original are, first, such as are an addition to, or a continuance or a dependency of, an original bill; or, second, such as are brought for the purpose of cross-litigation, or of controverting, suspending, or reversing some decree or order of the court, or of carrying it into execution. The first class of bills not original furnishes the means of supplying the defects of a suit, of continuing it, if abated, and of obtaining the benefit of it. These means are; by a supplemental bill; by an original bill in the nature of a supplemental bill; by a bill of revivor; by an original bill in the nature of a bill of revivor; by a bill of revivor and supplement. The second class includes: a cross-bill; a bill of review; a bill to impeach a decree upon the ground of fraud; a bill to suspend the operation of a decree; a bill to carry a former decree into execution; a bill partaking in some measure of one or more of both of these classes of bills. i A cross-bill is brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill. It is an auxiliary to the proceedings in the original suit, a dependency upon it – brings the whole dispute before the court for one decree. The two bills constitute one suit. New and distinct matters, not embraced in the original bill, cannot be introduced by the’ cross-bill; and new parties must be introduced by amendment of the bill. A supplemental bill is brought as an addition to an original bill to supply some defect in its original frame or structure, not the subject of amendment. May be filed by either party to his own bill, within a reasonable time – even after decree made, when a necessary party has been omitted, when further discovery is requisite, when some matter overloofeed needs development, or when it is essential to bring out other matter in order to give full effect to the decree entered or to be entered on the original bill. The bill is not amendable after the parties are at issue, and witnesses have been examined. An answer to the new matter is prayed for. After hearing the proofs a bill may be so amended as to put ill issue matters in dispute and in proof, but not sufficiently in issue by the original bill. See Amendment, 1. See also Anequate; Answer, 3; Demurrer; Dismiss; Equity; Fishing; Impertinence; Multifariousness; Party; Prejudice; Relief; Remedy. Original bill. 1. An ancient mode of commencing an action at law, particularly in the court of king’s bench; sometimes termed a “plaint,” and resembled the modern ” declaration.” Compare Writ, Original. 2. In equity, a complaint relating to a, dispute not before litigated by the same persons in the same interests. See page 121. True bill. See Ignore.

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Notes and References

1. Concept of Bill in Chancery; Bill in Equity provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)