Dying Declarations

Declarations made by one at the point of death, or believing himself to be. They are admissible in evidence only when made by the victim of a homicide (56 N. Y. 103; 35 Ohio St. 78) as to facts relating to the homicide toi which the dying person could have testified (30 Mich. 431; 124 Mo. 397), and under a full conviction of impending death (126 111. 81; 48 Mich. 474). They are admissible only in a prosecution for the killing of the declarant. 49 Iowa, 238.

Dying declaration of one who did not believe in a Supreme Being are admissible, but are thereby discredited. Gambrell v. State, 92 Miss. 728, 46 South. 138, 17 L. R. A. (N. S.) 291, 131 Am. St. 549, 16 Ann. Cas. 147. See Declaration. Van Vechten v. Pearson, 5 Paige, Ch. (N. Y.) 514; Fairehild v. Crane, 13 N. J. Eq. 105.

In England this is the signification, by statutes 7 Will. IV.; 1 Vict. c. 26, § 29. But the old English rule, that the words, when applied to real estate, import an indefinite failure of issue, has been generally adhered to in this country; Den v. Allaire, 20 N. J. L. 6; Wilson v. Wilson, 32 Barb. (N. Y.) 328; Wallis v. Woodland, 32 Md. 101. See 2 Washb. R. P. 302; 4 Kent 273.

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.

Defined under Declaration in Black's Law Dictionary.

Declarations in expectation of immediate a homicidal act by which issue: at common law, an Double the price of a thing. Daplicationem possibilitatis lex non allow the doubling of a possibility. answer to the plaintiff's replication, — of the common law. right y. Droit droit. which consists in making two or more where one is sufficient, v. Double English law. Double. absentia: during absence. Durante pleasure, — the tenure by which the in England formerly held their comviduitate: during chaste widowhood. during minority. Durante viduitate: Tirg'initate: during virginity. Du- I. Constraint; compulsion; that desufi Scient to overcome the will of a per- Duress of imprisonment: the wrongful or the illegal restraint of his liberty, in some act, — a ground for avoiding the act by threats, i. e. by the use of threats of death, or grievous bodily harm, as ground of avoidance. Whether threats destruction of property, should have the disagree. another to duress. that is due from a person; that which one sum payable to government on the imgoods. law. Magistrates elected in pairs to fill function. Duumviri municipales: two towns and colonies, having judicial powofficers appointed to man, equip and refit inhabited by man; a house in which the usually reside; the apartment, building or a man resides with his family. made by a person in extremis, and death, concerning the circumstances of the death is caused. Dying without indefinite failure of issue, and not a dying E. g. Abbreviation for Exempli gratia. E, exj I. From; out of. v. Ex. E coutra: from the opposite side; on the contrary. E converse: on the other hand; conversely. Ea, I That; those. Ea est accipieuda interpretatio, qua) vitio caret: that interpretation is to be received [or adopted] which is free from fault [or wrong]; the law will not intend a wrong. Ea intentione: with that intent. EaqiiiB, cominendandi causa, in Tenditionibiis diciintnr, si palam appareaut, vendltorein non obligant: those things which are said on sales, in the way of commendation, if [the qualities of the thing sold] appear openly, do not bind the seller. Ea qnnn dari impossibilia sunt, vel quae in rerum natnra non sunt, pro non adjectis habentur: those things which are impossible to be given, or which are not in the nature of things, ai-e regarded as not added [as no part of an agreement]. Ea qniB raro accidunt non temere in a^endis neg:otiis compntantur: those things which rarely happen are not to be taken into account in the transaction of business, without suf Bcient reason. Ealdernian^ ealdornian, sax. Elder man, or elder; a very ancient title, applied among the Saxons to a great variety of officers, the term indicating not so much age as experience and fitness for public station, — used in particular as the title of a high officer having the government of a county or shire, and by some thought to be the same with the earl of later times.

Statements made by a person whe is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in whieh he received the injuries of which he is dying, or other immediute 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.

In the law of evidence. Declarations made in extremity, {in extremis), when the party is at the point of death, and when every hope of this world is gone; when every motive to falsehood is silenced, and the mind is induced by the most powerful considerations to speak the truth. Lord 0. B. Eyre, 2 Leach's Cr. C. 563, case 218. These are admissible as evidence only in cases of homicide, where the death of the deceased is the subject of the charge, and the circumstances of the death are the subject of the dying declarations. 1 Oreenl. on Evid. § 166.