Declaration

In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chit. PI. 248; Co. Litt. 17a, 303a; Bac. Abr. "Pleas" (B); Comyn, Dig. "Pleader" (C 7); Lawes, PL 35; Steph. PL 36; 6 Serg. & R. (Pa.) 28. In real actions, it is most properly called the "count"; in a personal one, the "declaration." Steph. PI. 36; Doctrina Plac. 83; Lawes, PI. 33. See Pitzh. Nat. Brev. 16a, 60d. The latter, however, is now the general term, being that commonly used when referring to real and personal actions without distinction. 3 Bouv. Inst, note 2815. In an action at law, the declaration answers to the bill in chancery, the libel (narratio) of the civilians, and the allegation of the ecclesiastical courts. It may be general or special. For example, in debt on a bond, a declaration counting on the penal part only is general. One which sets out both the bond and the condition, and assigns the breach, is special. Gould. PI. c. 4, § 50. In Evidence. An unsworn statement made out of court by a party in interest. In Scotch Law. The statement made

In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chit. PL 248; Co. Litt. 17 a, 303 a; Bacon, Abr. Pleas (B); Comyns, Dig. Pleader, C, 7; Lawes, PI. 35; Steph. PL 36; Dixon v. Sturgeon, 6 S. & R. (Pa.) 28. In real actions, it is most properly called the count; in a personal one, the declaration; Steph. PI. 36; Doctr. Plac. 83; Lawes, PI. 33. See Fitzh. N. B. 16 a, 60 d. The latter, however, is now the general term, — being that commonly used when referring to real and personal actions without distinction; 3 Bouvier, Inst. n. 2815. In an action at law, the declaration answers to the bill in chancery, the libel (narratio) of the civilians, and the allegations of the ecclesiastical courts. It may be general or special: for example, in debt on a bond, a declaration counting on the penal part only is general; one which sets out both the bond and the condition and assigns the breach is special; Gould, PL c. 4, § 50. The parts of a declaration are the title of the court and term; the venue, see Venue; the commencement, which contains a statement of the names of the parties and the character in which they appear, whether iq their own right, the right of another, in a political capacity, etc., the mode in which the defendant has been brought into court, and a brief recital of the form of action to be proceeded in; 1 Saund. 318, n. 3, 111; 6 Term 130; the statement of the cause of action, which varies with the facts of the case and the nature of the action to be brought, and which may be made by means of one or of several counts; 3 Wils. 1S5; Neal v. Lewis, 2 Bay (S. C.) 206, 1 Am. Dec. 640; one count may incorporate, by reference, certain general averments which are in a previous count in the same pleading; Green v. Clifford, 94 Cal. 49, 29 Pac. 331; see Count; the conclusion, which in personal and mixed yns, Dig. Pleader (C, 84); 10 Co. 116 ft, 117 a; 1 M. & S. 236; unless in scire facias and in penal actions at the suit of a common informer, but which need not repeat the capacity of the plaintiff; Martin v. Smith, 5 Binn. (Pa.) 10, 21, 6 Am. Dec. 395; the profert of letters testamentary in case of a snit by an executor or administrator; Bacon, Abr. Executor (C); DougL 5, n.; Webb v. Danforth, 1 Day (Conn.)::i>r>; and the i>l"t<jcs of prosecution, which are generally disused, and, when found, are only the fictitious persons, Julin Doe and Richard Roe. Tbe requisites or qualities of a declaration are that it must corresp 1 with the process; and a variance in this respect was formerly the subject of a plea in abate see Abatement; it must contain a statement of all the facts necessary in point of law to sustain the action, and no more; Co. Litt 303 a; Plowd. S4, 122; Pep. PI. s. See Coffin v. Coffin, 2 Mass. 363: Oowp. 682; 6 East 122; Viner, Abr. Declaration; Barrett v. Liugle, 45 La. Ann. 935. Tbe omission of a complaint to allege a material fact is cured where such fact is shown by tbe answer. The circumstances must be stated with certainty and truth as to parties; Bentley v. Smith, 3 Cat (X. Y.) 170; 1 M. & S. 304; Simonds v. Speed, 6 Rich. (S. C.) 390; Jackson v. Alexander, 8 Tex. 109; Totty's Ex'r v. Donald, 4 Muuf. (Va.) 430; time of occurrence, and in personal actions it must, in general, state a time when every material or traversable fact happened; Atlantic Mut. Fire Ins. Co. v. Sanders, 36 N. II. 252; Givan v. Swadley, 3 Ind. 4S4; Haven v. Shaw, 23 N. J. L. 309; Hyslop v. Jones, 3 Mc Lean, 96, Fed. Cas. No. 13,953; and when a venue is necessary, time must also be mentioned; 5 Term 020; Com. Dig. Pleader (O. 19); Barnes v. Matteson, 5 Barb. fX. Y.) 375; though the precise time is not material; U. S. v. Vigol, 2 Dall. (U. S.) 340, 1 L. Ed. 409; Che v. Lewis, 3 Johus. (N. Y.) 43; Simpson v. Talbot. 25 Ala. 409; unless it constitute a material part of tbe contract declared upon, or where the date, etc., of a writ.cn contract is averred; 2 Campb. 307; Atlantic Mut. Fire Ins. Co. v. Sanders.:',0 X. II. 252; Haven v. Shaw, 23 N. J. L. 309; or in ejectment, in which the demise must he stated to have been made after the title of tbe lessor of the plaintiff and his right of entry accrued; 2 East 257; Van Alen v. Rogers, 1 Johns, ('as. (X. Y.) 283, 1 Am. Dec. 113; the place, see Venue.; and, generally, as to particulars of the demand, sufficient to enable the defendant to ascertain precisely the plaintiff's claim; 2 P.. & I'. 265; 2 Saund. 74 &; Posey v. Hair, 12 Ala. ri<;7; Van Rensselaer v. Jones, 2 Barb. (N. Y.) 643; Corey v. Bath, 35 N. H. 530; Heirn v. Mc Caughan, 32 Miss. 17, 66 Am. Dec. 5S8; Fulwood v. Graham, 1 Rich (S. C.) 4!>3. terest in the existence of some fact in relation to \l Such declarations are i iginal evidence' and adj when the fact that the declaration was mi the point in question; Bartlet v. 702: Pelli treau . iX. Y.) 110; Phelps v. V !:. & Ad. 845;: Bingh. 359; 269; second, including expirei." ling, where the existence or:.. SUCh feelings Is the object of inquiry, i pressions of affection in actions for crim. con.; 1 B. & Aid. 90; Gilchrist v. B Wacts (Pa.) 355,.".I Am. Dec. 469: 6 I'. 22; Roosa v. Loan Co., 132 Mai. 439; representations by a sick person of the mature, symptoms, and effects of the malady under which be is laboring; 6 Bast 188; Gilchrist v. Bale, 8 Watts (Pa.) 355, 34 Am. B C. & 1'. 275; Bacon v. Inhabitants of Charlton, 7 Cush. (Mass. Wilkinson v. Mosoley, 30 Ala. 562; Fa I da. 17; Wadlow v. Ferryman's Adm'r, 21 Mo. 279; State v. David Vt 377, 73 Am. Dec. 312; Collins v. Waters, 54 111. 4S5; in prosecution for rape, th< larations of the woman forced; 1 565; _ Stark. 241; Laughlin v. state, is Ohio 99, 51 Am. Dec. -144; third, in cafe, including the declarations of deceased persons nearly related to the parties in question; 2 C. & K. 701; 1 De G. A- S. 40; Jewell v. Jewell, 1 How. (U. S.i 231, 11 L. Ed. 10S; Jackson v. Browner, 18 J (N. Y.) 37; Chapman v. Chapman, 2 I 347, 7 Am. Dec. 277; Waldron v. Tuttle, 4

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. It 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 civil law, the "complaint" in code plcading, and the "count" in real actions. U. S. v. Ambrose, 108 U. S. 336, 2 Sup. Ct. 682, 27 In Ed. 746; Buckingham v. Murray, 7 Houst. (Del.) 176, 30 Atl. 779; Smith v. Fowle, 12 Wend. (N. Y.) 10; Railway Co. v. Nugent, 86 Md. 349, 38 Atl. 779, 39 L. R. A. 161. In evidence. An unsworn statement or narration of facts made by a party to the transaction, or by one who has an interest in the existence of the facis recounted. Or a similar statement made by a person sinco deceased, which is admissible in evidence in some cases, contrary to the general rule, e. p„ a "dying declaration."

In practice. The declaration 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 case. 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 Scotch practice. The statement of a criminal or prisoner, taken before a magistrate. 2 Alia Crim. Pr. 555.

— Declaration of Independence. A formal declaration or announcement, promulgated July 4, 1776, by the congress of the United States of America, m the name and bebalf of the people of the colonies, asserting and proclniming their independence of the British crown, vindicating their pretensions to political autonomy, and announcing themselves to the world as a free and independent nation.

— Declaration of intention. A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St. § 2165 (U. S. Comp. St. 1901, p. 1329).

— Declaration of Paris. The name given to an agreement announcing four important rules of international law effected between the principal European powers at the Congress of Paris in 1856. These rules are:
(1) Privateering is and remains abolished;
(2) the neutral flag covers enemy's goods, except contraband of war;
(3) neutral goods, except contraband of war, are not liable to confiscation under a hostile flag ;
(4) blockades, to be binding, must be effective.

— Declaration of right. See Bill of Rights.

— Declaration of trust. The act by which the person who holds the legal title to property or -an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified purposes. The name is also used to designate the deed or other writing embodying such a declaration. Griffith v. Max-field, 66 Ark. 513, 51 S. W. 832.

— Declaration of war. A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and another nation, and forbidding ali persons to aid or assist the enemy.

— Dying declarations. Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them; which statements are admissible in evidence in a trial for homicide where the killing of the declarant is the crime charged to the defendant. Simons v. People, 150 III. 66, 36 N. E. 1019; State v. Trusty, 1 Pennewill (Del.) 319, 40 All. 766; State v. Jones, 47 Da. Ann. 1524, 18 South. 515; Bell v. State, 72 Miss. 507, 17 South. 232; People v. Fuhrig, 127 Cal. 412, 59 Pac. 693; State v. Parham, 48 La. Ann. 1309, 20 South. 727.

A statement explicitly made; the plaintiff of his cause of action; the first pleading a count V. Dying declaration. Declaration by which an alien declares, before a court of to become a citizen of the United States. the formal statement of fundamental principles a written constitution. Declaration of trust: knowledgment of a trust; a declaration by a conveyance to another, th^t the subject trust; a specification of the trusts upon which veyed; an acknowledgment by a person that holds the title is held in trust for another; the declaration or acknowledgment is made.

In Scots law. The statement of a criminal or magistrate.

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-

[L. Lat. narra Ho; and formerly intentio, petitio; L. Fr. counte, entente.] In pleading. A plaintiff's statement in writing, or legal specification on record, of the circumstances which constitute his cause of action; called in real actions, count, and anciently tale. It is ^he first of the pleadings in an action at law, and is usually divided into several sections or paragraphs, termed counts. It consists of the following formal parts: the title, the venue, the commencement, the statement of the cause of action, the several counts, and the conclusion. 1 Chitt. PL 240, 262, et seq. Steph. PL 29. 3 BL Com. 293. 3 Steph. Com. 673. See Count.