Declaratory

Something which explains or ascertains what before was uncertain or doubtful; as, a declaratory statute, which is one passed to put an end to a doubt as to what the law is, and which declares

Something which explains or ascertains what before was uncertain or doubtful: as, a declaratory statlaw or the right, as it stood previous to the statute; Sedgw. Stat. & Const. L. 28; they are usually passed to put an end to a doubt as to what the law is, and declare what it is and what it has been. 1 Bla. Corn. 86. Very many of the state statutes in this country are declaratory of the common law, and were not passed to quiet a doubt but to incorporate into the law of the state wellsettled common-law principles. As to declaratory statutes, see Statutes.

Explanatory; designed to fix or elucidate what before was uncertain or doubtful.

— Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise calied an "action of declarator."

— Declaratory decree. In practice. A binding declaration of right in equity without consequential relief.

— Declaratory judgment. A declaratory judgment is one which simply declares the rights of the parties, or expresses the opinion of the court on a question of law, without ordering anything to be done.

— Declaratory part of s law. Hat which clearly defines rights to be observed and wrongs to be eschewed.

— Declaratory statute. One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the kw is in relation to a particular matter. It may either be expressive of the common law, (1 Bl. Comm. 86; Gray v. Bennett, 3 Mete. [Mass.] 527;) or may declare what shall be taken to be the true meaning and intention of a previous statute, though in the latter case such enactments are more commonly calied "expository statutes,"

Making certain what otherwise doubtful; explanatory; aflirmatory. Declaratory ute which, instead of introducing a new law, the existing law.

In Scots law. Declaratory action: an action in sought to be declared in favor of the pursuer, manded to be paid or performed by the defender.

Explanatory; designed to fix or elucidate what efore was uncertain or doubtful; as a declaratory statute, which is one passed to put an end to a doubt as to what the Iaw is, and which declares what it is and what it has been. 1 BI. Comin. 86.

is that which explains something, without contain- — ing any new provision or obligation, as, a declaratory law.