Declaration

In pleading. The first of the pleadings on the part of the plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action, lt commonly comprises several sections or divisions, called “counts,” and its formal parts follow each other in this order; ‘Title, venue, commencement, cause of action, counts, conclusion. The declaration, at common law, answers to the “libel” in ecclesiastical and admiralty law, the “bill” in equity, the “petition” in elvil law, the “complaint” in code pleading, and the “count” in real actions. In evidence. An unsworn statement or narration of*facts 1made by a party to the transaction, or by one who has an Interest in the existence of the facts recounted. Ora similar statement made by 4 person since deceased, which is adinissible in evidence in so Me cases, Contrary to the generai rule, e. 7., a “dying declaration.” In practica. The deciaration or declaratory part of a judgment, decree, or order is that part which gives the decision or opinion of the court on the question of law in the ease. Thus, in an action raising a question as to the construction of a will, the judgment or order declares that, according to the true construction of the will, the plaintiff has become entitled to the residue of the testator’s estate, or the like. Sweet. In Seotch practice. Thestatement ofa criminal or prisoler, taken before a magia~ trate.

2 Alis. Crim. Pr. 555.

DECLARATION OF INDEPEND-