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BILE-BILL OF EXCHANGE.
tion of natran; some mineral alkaline winds which come from these mountains salts; some oxyde of iron; a small quan- allay the heat of the climate. The chief tity of a yellowish substance, which is products of the oases are barley of an exonly partly dissolved in the natron; and cellent kind, used by the caravans, and a considerable portion of albumen. The- dates, which are no where else so excelnard and Berzelius have done much to lent. Much dew falls in the oases, rain determine the ingredients of the bile. Its but seldom. All the productions of the principal use seems to be, to separate the tropics, which can ripen without rain, excrement from the chyle, after both have grow here in abundance. The Berbers been formed, and to produce the evacua- who live here, as likewise the Negroes and tion of the excrement from the body. It Arabs, carry on trade by means of carais probable that these substances would vans. A large proportion of the young men remain mixed together, and they would, are destroyed by the change of climate to perhaps, even be partly absorbed together, which they are thus exposed, as also by were it not for th. bile, which seems to bad nourishment and epidemic fevers. combine with the excrement, and, by this Certain parts of this country, called Dara, combination, to facilitate its separation Tasilet and Segelmesse, belong to Mofirom the chyle, and thus to prevent its rocco; to Algiers belongs Wadreag, and absorption. Fourcroy supposes that the to Tunis Tozer. Gademes, Welled-Sidi bile, as soon as it is mixed with the con- and Mosselemis are independent. Little tents of the intestinal canal, suffers a de- is known of the customs, laws, &c., of composition ; that its alkali and saline the inhabitants of B. ingredients combine with the chyle, and BILIN, mineral spring of; a celebrated render it more liquid, while its albumen spring near the town of Bilin, in Bohemia and resin combine with the excrementi- The water is clear, has a sourish taste, tious matters, and gradually render them and mantles, particularly if mixed with less fluid. From the late experiments of wine and sugar. The temperature of the Berzelius on faces, it cannot be doubted spring is 590 Fahrenheit. The water is that the constituents of the bile are to be used with advantage in many complaints. found in the excrementitious matter; so BILIOUS FEVER. (See Fever.) that the ingenious theory of Fourcroy is BILL OF EXCHANGE is a written reso far probable. The bile also stimulates quest or order to one person to pay a certhe intestinal canal, and causes it to evac- tain sum of money to another, or to his uate its contents sooner than it otherwise order, at all events; that is, without any would do ; for when there is a deficiency qualification or condition. The person of bile, the body is constantly costive. who makes the bill is called the drawer ; Biliary calculi, or gall-stones, are some- the person to whom it is addressed, the times found in the gall-bladders of men drawee, and the person to whom, or whose and animals. They are more rarely met order, on the face of the bill, it is payable, with in the substance and body of the the payee. If the drawee accepts the bill, liver. Those that are found in the human he thereby becomes the receptor. A promsubject consist, principally, of that peculiar issory note differs from a bill of exchange substance, called, by Fourcroy, adipocire. in being merely a promise to pay money They are of a white, grayish-brown, or by the maker, instead of being a request black color. The calculi found in the to another person to pay it, to the payee. gall-bladders of quadrupeds have been the expression promissory note is not thought to consist almost entirely of in- strictly confined to negotiable notes, or spissated bile; but, though much less those payable 6 to bearer," or to the puyee complicated than the corresponding con- named in it, " or his order," but is more cretions in the human subject, they must frequently used to denote such instrucontain something more than the inspis- ments; and we shall consider promissory sated fluid, since they are insoluble, both notes in this sense in the present article, in alcohol and water.
since the same rules and principles are, BILEDULGERID (Bhelad al Dsherid, coun- in a great degree, applicable to such notes try of dates); a country in Northern Af- and to bills of exchange. The maker of rica, south of mount Atlas, bounded on the note answers to the acceptor of the the north by Tunis, on the west by Al- bill, since he is the party promising to giers and the Sahara, on the east by Tri- pay it; whereas the maker or drawer of poli; supposed to be about 180 miles à bill of exchange does not directly promsquare. In the desert are oases (q. v.), ise, on the face of the instrument, to pay which are cultivated and watered like it, but merely requests the drawee to do gardens. At the foot of mount Atlas, the so: this is, however, construed to be a
BILL OF EXCHANGE.
virtual proinise that the drawee, on the to indemnify the person to whom he presentment of the bill for acceptance, transferred it. But if the transfer be and demand of payment according to its made by an indorsement in writing, withtenor, will pay it, and a conditional virtual out any condition or exception, being an promise, that he, the drawer, will pay it, absolute order to pay the money to the in case of the drawee's failing either to indorsee or holder, the indorser in this accept it on due presentment, or to pay it case becomes in his turn a promiser; for on due demand. Bank checks are of a he thereby virtually promises, that, in case character similar to promissory negotiable the maker of the note or check, or the notes, as to the rules by which the liabili- drawer or acceptor of the bill, does not ties and rights of the parties to them are pay it on due demand, or in case the determined, with this difference in their drawee does not accept it, if it be a bill, common form, that promissory notes are on presentment according to its tenor, usually made payable to the payee or “his then he, the indorser, will pay it. Though order," whereas checks, as also bank-notes, the forms of bills of exchange, promissoare usually made payable to the “bearer," ry notes, checks and bank-notes are, reand the right to demand and receive pay- spectively, pretty uniform, yet no precise ment of them is transferred from one per- form of words is necessary to constitute
any indorsement or written order by the purporting to be an absolute promise to original payee; while the transfer or as- pay a certain sum of money, or an absosignment of a promissory note or bill of lute order for its payment to a particular exchange is made by the payee in writing, person or his order, or to the bearer, is either by indorsement or otherwise. He either a bill of exchange, promissory note, usually merely writes his name on the or check.-Bills of exchange are, in Engback, whereby he becomes the indorser, land, either inland, that is, payable in the and the person to whom it is thus indors- kingdom, or foreign, that is, payable out ed or assigned, who is called the indorsee, of the kingdom. A similar distinction is has a right to fill up this blank indorse- made in the U. States, where, in most of ment by writing over it an order to pay the states, a bill payable in the state in the contents to himself or to any other which it is made is considered to be inperson; and any bona fide holder of the land. The material distinction between note or bill has the same right to fill up foreign and inland bills is, that, on inland the indorsement or assignment. Thus à bills, a protest for non-acceptance or nonnote or bill of exchange, being once in- payment is not usually necessary, and that dorsed in blank, becomes assignable or less damages can be claimed in consetransferable, like a check payable to quence of the dishonor of the bill, if, in“bearer," merely by delivery of the instru- deed, any can be claimed. Generally, ment. It is an essential quality of a ne- in fact, if not universally, only the face of gotiable bill, note or check, that it be a the biļl can, in such case, be recovered of promise to pay a certain sum of money, the drawer or indorser. In one respect, and that the promise be absolute; for if foreign bills most generally, and inland no definite amount is fixed, or it be a bills and promissory notes in many places, promise to deliver goods or do any other differ in construction from the literal imact than pay money, or if it be conditional, port of the terms of the instrument as to it is not a bill of exchange, or negotiable the credit or time of payment, being, in promissory note, or check. Besides the fact, payable three days after the time transfer by indorsement above-mentioned, specified; these three days of additional these instruments are also transferable by credit being allowed under the name of assignment, or mere delivery, so as to grace : but this additional credit is often give the holder all the rights, against the expressed in the instrument itself, thus, maker or acceptor, that he would have “Pay to A. B. or order, in sixty days and had if he had himself been the payee. grace,” which is equivalent to sixty-three Where the transfer is made by mere de- days. Another mode of expression for livery, the assignor is exempt from all the credit whe allowed on a bill is by liability to the holder on the paper itself; the word usance. Thus, a bill is drawn he makes no promise to pay the money, payable at one or two usances; and it is but still he, in effect, warrants that it is necessary, in order to ascertain the time the bill, note or check, which it purports of payment, to know what period is meant 10 be; for if it be a forged instrument, if by a usance, and this will vary according it be not bona fide the bill, note or check to the place at which, and on which, the which it purports to be, he will be liable bill is drawn. Thus a bill drawn in Eng
land, at one usance, on Amsterdam, Rot- money deposited in various countries. terdam, Altona, or any place in France, is One, whose funds are in South America, payable in one calendar month from the wishes to make purchases at St. Petersdate; on Cadiz, Madrid or Bilboa, in two; burg; and one, who is entitled to the proon Genoa, Leghorn or Venice, in three ceeds of a cargo at St. Petersburg, wishes months.--If, on presentment of a bill of to make a purchase at Canton; and anexchange to the drawee, he refuses to ac- other, having funds at Canton, desires to cept it according to its tenor, the holder make an importation from South Amerhas an immediate cause of action against ica. By merely making and delivering a the drawer and indorsers, and may, on slip of paper, each one will, in effect, giving them notice of the non-acceptance, transfer his funds quite across the globe. forthwith demand the amount of the bill, Another advantage of exchange is the fathough it was on a long credit, and, if it cility it affords in adjusting balances. Its had been accepted, he must have waited effect in this respect may be illustrated by three or six months for his money. This the practice of banks and bankers in some rule is perfectly equitable, since the draw- particular cities. In London, for instance, er and indorsers impliedly agree that the the bankers meet at a certain hour every draft shall be accepted on presentment, day, to pay and receive payment of each and, on its not being so, their promise is others' checks; but the amount actually violated. But the holder must give no- paid will bear a very small proportion to tice to the drawer, and the other parties to the whole amount of the checks, since whom he wishes to resort, of the non- the greater part is settled by merely canacceptance or non-payment of the bill. celling the checks they hold against each In case of the dishonor of a bill, the hold- other. So where all the banks of a city, er has generally, the right to recover of as is the practice in many commercial the parties liable to him, that is, the draw- towns, take indiscriminately each other's er and indorsers, not only the amount notes, and settle the balances every day, expressed on the face of the bill, together they all make an exchange of the notes with the expenses of protest and interest, which they hold against each other, and but something in addition, on account of only pay over in specie the balances. his disappointment in not having funds at Thus, by the payment in specie of a comthe place on which the bill is drawn, as paratively very small sum, some hundreds he had a right to expect. The rate or of thousands may circulate between these amount of this damage must, as is evident, institutions and their respective customers be very various, according to the distance and depositors. In the same manner the of the places, the credit on which the bill balances are adjusted between two comwas drawn (in case of protest for non-ac- mercial countries, or all the commercial ceptance), and the rise or fall of exchange countries of the world. Among the varion the same place after the purchase of ous merchants of the United States, for the bill. One rule of estimating the dam- instance, some have sent goods to Engage is the cost of reëxchange, or of an- land, others to France, and others to Holother bill on the same place, with the land, and each one inay wish to import addition of one, two, &c., up to twenty goods from a country other than that per cent. damages. In other places, no where his funds lie. One, accordingregard is had to reëxchange, but the hold- ly, sells exchange on Amsterdam, and er recovers a certain per cent. over the buys exchange on London, or, which is face of the bill, by way of damage, and the same thing in effect, as far as he is this rate is the same whether exchange concerned, he orders his correspondent at may have risen or fallen from the time of Amsterdam to buy exchange on London, purchasing the bill to that of its being and remit it thither for his (the merreturned dishonored.--Exchange appears chant's) account. If the funds which to have been known anciently at Tyre, some merchants have in each foreign Carthage, Athens, Corinth, Syracuse and place are exactly equal to what is wanted Alexandria. The first well-ascertained by others in the same place, the whole traces of it, in modern times, are found, transaction is only a transfer among themsubsequently to the 12th century, in some selves of each other's claims, or exchange, of the provinces of France, particularly at and no balance remains; whereas, withthe fair of Champagne. It was brought out this facility, one must order specie to perfection in Italy. Its great utility home from Amsterdam, which the other and convenience consist in its negotia- would purchase of him to ship it to Lonbility. Suppose, for instance, a number don; a transaction involving much delay, of persons to have, severally, sums of besides the expense of freight and insur..
BILL OF EXCHANGE-BILLINGTON.
ance. But still, all the merchants of the goods are sent, and the third for the cap country may wish to invest or pay greater tain. sums abroad than the proceeds of all the BILL OF RIGHTS, or DECLARATION OF exports already made or making from the RIGHTS, is the assertion by a people, or country amount to, in which case the recognition by its rulers, " of that residucourse of exchange is said to be against um of natural liberty, which is not rethe country, and, in this case, as in all quired by the laws of society to be sacriothers where the quantity of an article ficed to public convenience; or else those wanted is greater than that offered in the civil privileges, which society has engaged market, the price will rise, and foreign to provide, in lieu of those natural liberexchange will be above par. So, if the ties so given up by individuals." The quantity of exchange deinanded on any houses of lords and commons delivered to particular country is greater than that of the prince of Orange a list of such rights fered, the rate of exchange, in respect to and privileges, February 13, 1688, at the that particular country, is unfavorable, and time of his succession to the British rises. This has most generally been the throne, concluding with the words " and case in the U. States, in respect to Eng- they do claim, demand, and insist upon, land. So, vice versa, if the funds belong- all and singular the premises, as their uning to Americans, in any particular for- doubted rights and privileges.” The deceign country, are greater than the sum laration is usually called the bill of rights. wanted by other Americans to make pay- A similar declaration was made in the ments or investments there, the rate of act of settlement, whereby the crown was exchange with that particular country is limited to the house of Hanover. Similar favorable, and the price of it falls. And bills of rights are prefixed to some of the it is to be observed, that what is called a state constitutions in the United States. favorable rate of exchange is, in fact, But the constitutions of all the states, as unfavorable to the person having funds well as that of the United States, virtually abroad, who wishes to realize them at include in themselves declarations of home; for he must, in that case, sell, at rights, since they expressly limit the home, his foreign exchange, for a smaller powers of the government. The same is sum than its nominal amount. It is to be true of the constitutional charters of those borne in mind, therefore, that an unfavor- European governments which have adoptable rate of exchange is not necessarily ed constitutions, one of the objects of disadvantageous to a country. To follow these being to guaranty certain rights and out the inquiry, and determine in what cir- liberties to the people. cumstances it is actually disadvantageous BILL IN EQUITY, or CHANCERY, is the or indifferent, or in fact advantageous, statement of the plaintiff's case in a court would occupy more space than we can of equity, or chancery, corresponding to give to the subject. But we perceive the declaration in a court of law, and the from this operation of the system of ex- libel in an ecclesiastical court. change, that it is only necessary, at most, BILLIARDS; a very interesting game, to ship abroad, or import from abroad, contributing also to health by affording in specie, the actual balance on the whole the body moderate exercise. It was inaggregate of debts and credits, all the vented in France, and is now played by items of which, as far as they offset each all European nations and their descendother, are adjusted by exchange; and it ants. The rules for the different games is by no means always the case that this of billiards are too numerous to be given aggregate balance is paid in specie; for here. They are also generally found in the very circumstance of the rise of ex- billiard rooms. We therefore omit them, change on any particular country may although we usually give the rules of make the trade more favorable, and in- games, in order to furnish a means of duce shipments, the proceeds of which reference in doubtful cases. They are are drawn for as soon as the shipments to be found in Hoyle's Games. are made; so that, in such a case, the un- BILLINGTON, Elizabeth; the most cele.. favorable balance may be actually advan- brated English female singer of her day, tageous, by promoting.trade.
She was of German origin, but born in BILL OF LADING; a memorandum sign- England, in 1770, her father, Mr. Weichod by masters of ships, acknowledging sell, being a native of Saxony. At an the receipt of goods intrusted to them early age, she studied the piano-forte unfor transportation. There are usually tri- der Schroëter, and attained to an extraorplicate copies, one for the party send- dinary proficiency. At 14, she made ing, another for the party to whom the her first appearance as a singer at Ox
ford, and two years afterwards married opposite Rüdesheim, famous for its excelMr. Billington, a performer on the double- lent wine. Lon. 7°48' E.; lat. 49° 55' N bass, whom she accompanied to Dublin. Population, 3300. Near it the Rhine is She inade her debut there in the opera of compressed into a narrow channel, beOrpheus and Euridice. From Ireland tween rocks, so as to make the navigation she returned to London, where she ap- difficult. This strait is called Bingenpeared at Covent-garden, for the first loch (hole of Bingen). The famous Mäutime, as Rosetta, in Arne's Love in a sethurm, or Tower of Mice, where the Village, with such success as to secure avaricious bishop Hatto is said to have her an immediate engagement at what been eaten by mice, as a punishment for was then considered the enormous salary usury, exercised in a time of famine, is of £1000, for the remainder of the season, situated in the vicinity. besides a benefit; the managers after- BINGLEY. This Garrick of the Dutch wards voluntarily giving her the profits stage was born at Rotterdam, in 1755, of of a second night. While in town, she English parents in good circumstances. continued to take lessons of Mortellari, a On leaving school, he was placed in a celebrated Italian master, then in London, counting-house. It was not long, howand, on the closing of the theatre, repaired ever, before he discovered an invincible to Paris, in order to profit by the instruc- inclination for the stage, and, at the age tions of Sacchini. In 1785, she returned of 18, joined the company under the dito England, and appeared at the concerts rection of the celebrated Corver, who of ancient music with madame Mara, was his first instructer. In 1779, in the whose brilliant performance she, to say 24th year of his age, he made his début the least, fully equalled. From this pe- on the stage of Amsterdam. The public riod till 1793, no music meeting, opera, or odium was then excited against England, concert, of reputation, was considered on account of its ships having captured complete without her. In the last named vessels under the Dutch flag, without any year, she visited Italy, and performed, ac- previous declaration of war, and B. was companied by her brother C. Weichsell, unfavorably received on account of his at the theatre of St. Carlos at Naples; English descent. But he soon conquered Francis Bianchi composing expressly for this prejudice by his performance of her his celebrated opera Inez de Castro. Achilles, in the tragedy of the same name; Her engagement here met with an abrupt and from that time he continued to be and melancholy interruption, her husband the favorite of the public. He was, also, dying suddenly of apoplexy, just as she so well acquainted with the French lanwas preparing to set out for the theatre. guage, as to appear successfully in the In 1796, she appeared at Venice, and after- French theatres of Amsterdam and the wards at Rome, being every where re- Hague, by the side of the great French ceived with the loudest expressions of actors, who, while on their tours for the applause. In 1799, she married Mr. Feli- sake of improving themselves, used to pent, whom she accompanied to Milan. visit the Netherlands. In 1796, he was In 1801, her wonderful powers being director of a company of actors, who then in their meridian, she returned to played principally at Rotterdam and the the London stage, appearing alternately at Hague, but, also, visited other cities of either house, and astonishing the whole Holland. Meanwhile, he was always musical world by her Mandane-a per- ready to perform at the theatre in Amformance that has never since been sterdam, in such parts as could only be equalled in English opera. Engagements acted by himself. One of his last reprenow multiplied upon her, and continued sentations, in which he was assisted by incessantly till her final retirement from the great actress Wattier Ziesenis, was public life, which took place in 1809. the part of Farnese, in Lalain's tragedy The last exhibition of her powers was in Maria, acted, in 1818, before the royal aid of a charitable institution, at Whitehall family. In the same year, he died at the chapel, the queen, the prince regent, and Hague. most of the branches of the royal family, BINNACLE, or BITTACLE; a case or box, being present. In 1817, she quitted Eng- which contains the compass for steering land for ever, and died, after a short illness, a ship, and lights to show the compass at her villa of St. Artien, an estate she at night. In ships steered by a wheel, it had purchased in the Venetian terri- is common to have two binnacles, or a tories.
double binnacle, for the convenience of BINGEN; a town on the left shore of the steersman, on either side of the the Rhine, where the Nahe joins this river, wheel; but, in this case, the compasses af.