| slovo | definícia |
declaration
(mass) | declaration
- prehlásenie, deklarácia |
declaration
(encz) | declaration,prohlášení Pavel Machek; Giza |
declaration
(encz) | declaration,vyhlášení [eko.] RNDr. Pavel Piskač |
Declaration
(gcide) | Declaration \Dec`la*ra"tion\, n. [F. d['e]claration, fr. L.
declaratio, fr. declarare. See Declare.]
1. The act of declaring, or publicly announcing; explicit
asserting; undisguised token of a ground or side taken on
any subject; proclamation; exposition; as, the declaration
of an opinion; a declaration of war, etc.
[1913 Webster]
2. That which is declared or proclaimed; announcement;
distinct statement; formal expression; avowal.
[1913 Webster]
Declarations of mercy and love . . . in the Gospel.
--Tillotson.
[1913 Webster]
3. The document or instrument containing such statement or
proclamation; as, the Declaration of Independence (now
preserved in Washington).
[1913 Webster]
In 1776 the Americans laid before Europe that noble
Declaration, which ought to be hung up in the
nursery of every king, and blazoned on the porch of
every royal palace. --Buckle.
[1913 Webster]
4. (Law) That part of the process or pleadings in which the
plaintiff sets forth in order and at large his cause of
complaint; the narration of the plaintiff's case
containing the count, or counts. See Count, n., 3.
[1913 Webster]
Declaration of Independence. (Amer. Hist.) See Declaration
of Independence in the vocabulary. See also under
Independence.
Declaration of rights. (Eng. Hist) See Bill of rights,
under Bill.
Declaration of trust (Law), a paper subscribed by a grantee
of property, acknowledging that he holds it in trust for
the purposes and upon the terms set forth. --Abbott.
[1913 Webster] |
declaration
(wn) | declaration
n 1: a statement that is emphatic and explicit (spoken or
written)
2: (law) unsworn statement that can be admitted in evidence in a
legal transaction; "his declaration of innocence"
3: a statement of taxable goods or of dutiable properties
4: (contract bridge) the highest bid becomes the contract
setting the number of tricks that the bidder must make [syn:
contract, declaration]
5: a formal public statement; "the government made an
announcement about changes in the drug war"; "a declaration
of independence" [syn: announcement, proclamation,
annunciation, declaration]
6: a formal expression by a meeting; agreed to by a vote [syn:
resolution, declaration, resolve] |
DECLARATION
(bouvier) | DECLARATION, pleading. A declaration is 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; Bac. Abr. Pleas, B; Com.
Dig. Pleader, C 7; Lawes on Pl. 35; Steph Pl. 36; 6 Serg. & Rawle, 28. In
real actions, it is most properly called the count; in a personal one, the
declaration. Steph. Pl. 36 Doct. Pl. 83; Lawes, Plead. 33; see P. 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
Bouv. Inst. n. 2815.
2. The declaration in an action at law answers to the bill in chancery,
the libel of the civilians, and the allegation of the ecclesiastical courts.
3. It may be considered with reference, 1st. To those general
requisites or qualities which govern the whole declaration; and 2d. To its
form, particular parts, and requisites.
4.-1. The general requisites or qualities of a declaration are
first, that it correspond with the process. But, according to the present
practice of the courts, oyer of the writ cannot be craved; and a variance
between the writ and declaration cannot be pleaded in abatement. 1 Saund.
318; a.
5. Secondly. The second general requisite of a declaration is, that
it contain a statement of all the facts necessary in point of law, to
sustain the action, and no more. Co. Litt. 303, a; Plowd. 84, 122. See 2
Mass. 863; Cowp. 682; 6 East, R. 422 5 T. R. 623; Vin. Ab. Declarations.
6. Thirdly. These circumstances must be stated with certainty and
truth. The certainty necessary in a declaration is, to a certain intent in
general, which should pervade the whole declaration, and is particularly
required in setting forth, 1st. The parties; it must be stated with
certainty who are the parties to the suit, and therefore a declaration by or
against "C D and Company," not being a corporation, is insufficient. See
Com. Dig. Pleader, C I 8 1 Camp. R. 446 I T. R. 508; 3 Caines, R. 170. 2d.
The time; in personal actions the declaration must, in general, state a time
when every material or traversable fact happened; and when a venue is
necessary, time must also, be mentioned. 5 T. R. 620; Com. Dig. Plead. C 19;
Plowd. 24; 14 East, R. 390.; The precise time, however, is not material; 2
Dall. 346; 3 Johns. R. 43; 13 Johns. R. 253; unless it constitutes a
material part of the contract declared upon, or where the date, &c., of a
written contract or record, is averred; 4 T. R. 590 10 Mod. 313 2 Camp. R.
307, 8, n.; or, in ejectment, in which the demise must be stated to have
been made after the title of the lessor of the plaintiff, and his right of
entry, accrued. 2 East, R. 257; 1 Johns. Cas. 283. 3d. The Place. See Venue.
4th. Other circumstances necessary to maintain the action.
7.-2. The parts and particular requisites of a declaration are,
first, the title of the court and term. See 1 Chit. Pl. 261, et seq.
8. Secondly. The venue. Immediately after the title of the
declaration follows the statement in the margin of the venue, or county in
which the facts are alleged to have occurred, and in which the cause is
tried. See Venue.
9. Thirdly. The commencement. What is termed the commencement of the
declaration follows the venue in the margin, and precedes the more
circumstantial statement of the cause of action. It contains a statement,
1st. Of the names of the parties to the suit, and if they sue or be sued in
another right, or in a political capacity, (as executors, assignees, qui
lam, &c.) of the character or right in respect of which they are parties to
the suit. 2d. Of the mode in which the defendant has been brought into
court; and, 3d. A brief recital of the form of action to be proceeded in. 1
Saund. 318, Id. 111, 112; 6 T. R. 130.
10. Fourthly. The statement of the cause (if action, in which all the
requisites of certainty before mentioned must be observed, necessarily
varies, according to the circumstances of each particular case, and the form
of action, whether in assumpsit, debt, covenant, detinue, case, trover,
replevin or trespass.
11. Fifthly. The several counts. A declaration may consist of as many
counts as the case requires, and the jury may assess entire or distinct
damages on. all the counts; 3 Wils. R. 185; 2 Bay, R. 206; and it is usual,
particularly in actions of assumpsit, debt on simple contract, and actions
on the case, to set forth the plaintiff's cause of action in various shapes
in different counts, so that if the plaintiff fail in proof of one count, he
may succeed in another. 3 Bl. Com. 295.
12. Sixthly. The conclusion. In personal and mixed actions the
declaration should conclude to the damage of the plaintiff; Com. Dig.
Pleader, C 84; 10 Co. 116, b. 117, a.; unless in scire facias and in penal
actions at the suit of a common informer.
13. Seventhly. The profert and pledges. In an action at the suit of an
executor or administrator, immediately after the conclusion to the damages,
&c., and before the pledges, a profert of the letters testamentary or
letters of administration should be made. Bac. Abr. Executor, C; Dougl. 6,
in notes. At the end of the declaration, it is usual to add the plaintiff is
common pledges to prosecute, John Doe and Richard Roe.
14. A declaration may be general or special; for example, in debt or
bond, a declaration counting on the penal part only, is general; when it
sets out both the penalty and the condition, and assigns the breach, it is
special. Gould on Pl. c. 4, Sec. 50. See, generally, Bouv. Inst. Index, h.t.
1 Chit. Pl. 248 to 402; Lawes, Pl. Index) h.t.; Arch. Civ. Pl. index, h.t.;
Steph. Pl. h.t.; Grab. Pr. h.t.; Com. Dig. Pleader, h.t.; Dane's Ab. h.t.;
United States Dig. Pleadings ii.
|
| | podobné slovo | definícia |
false declaration
(mass) | false declaration
- nesprávne |
code of good practices on fiscal transparency--declaration on principles
(encz) | Code of Good Practices on Fiscal Transparency--Declaration on
Principles, |
custom declaration
(encz) | custom declaration,celní ohlášení [eko.] RNDr. Pavel Piskač |
declaration of bop-related need
(encz) | declaration of BOP-related need, |
declaration of estimated tax
(encz) | declaration of estimated tax, n: |
declaration of haag
(encz) | Declaration of Haag,Haagská deklarace [eko.] RNDr. Pavel Piskač |
declaration of independence
(encz) | Declaration of Independence,deklarace nezávislosti Milan Svoboda |
declaration of need
(encz) | declaration of need, |
declaration on cooperation to strengthen the global expansion
(encz) | Declaration on Cooperation to Strengthen the Global Expansion, |
declaration on the human environment
(encz) | declaration on the human environment,deklarace o životním prostředí
lidí [eko.] RNDr. Pavel PiskačDeclaration on the Human Environment,Declaration on the Human
Environment [eko.] RNDr. Pavel Piskač |
declarations
(encz) | declarations,deklarace n: pl. Zdeněk Broždeclarations,prohlášení n: pl. Zdeněk Brož |
environmental declaration
(encz) | environmental declaration,environmentální prohlášení [eko.] RNDr. Pavel
Piskač |
false declaration
(encz) | false declaration,nesprávné adj: Zdeněk Brož |
madrid declaration
(encz) | Madrid Declaration, |
redeclaration
(encz) | redeclaration,opětovné deklarování n: Zdeněk Brož |
tax declaration
(encz) | tax declaration,daňové prohlášení [eko.] RNDr. Pavel Piskač |
declaration on the human environment
(czen) | Declaration on the Human Environment,Declaration on the Human
Environment[eko.] RNDr. Pavel Piskač |
Declaration
(gcide) | Declaration \Dec`la*ra"tion\, n. [F. d['e]claration, fr. L.
declaratio, fr. declarare. See Declare.]
1. The act of declaring, or publicly announcing; explicit
asserting; undisguised token of a ground or side taken on
any subject; proclamation; exposition; as, the declaration
of an opinion; a declaration of war, etc.
[1913 Webster]
2. That which is declared or proclaimed; announcement;
distinct statement; formal expression; avowal.
[1913 Webster]
Declarations of mercy and love . . . in the Gospel.
--Tillotson.
[1913 Webster]
3. The document or instrument containing such statement or
proclamation; as, the Declaration of Independence (now
preserved in Washington).
[1913 Webster]
In 1776 the Americans laid before Europe that noble
Declaration, which ought to be hung up in the
nursery of every king, and blazoned on the porch of
every royal palace. --Buckle.
[1913 Webster]
4. (Law) That part of the process or pleadings in which the
plaintiff sets forth in order and at large his cause of
complaint; the narration of the plaintiff's case
containing the count, or counts. See Count, n., 3.
[1913 Webster]
Declaration of Independence. (Amer. Hist.) See Declaration
of Independence in the vocabulary. See also under
Independence.
Declaration of rights. (Eng. Hist) See Bill of rights,
under Bill.
Declaration of trust (Law), a paper subscribed by a grantee
of property, acknowledging that he holds it in trust for
the purposes and upon the terms set forth. --Abbott.
[1913 Webster] |
Declaration of Independence
(gcide) | Independence \In`de*pend"ence\, n. [Cf. F. ind['e]pendance.]
[1913 Webster]
1. The state or quality of being independent; freedom from
dependence; exemption from reliance on, or control by,
others; self-subsistence or maintenance; direction of
one's own affairs without interference.
[1913 Webster]
Let fortune do her worst, . . . as long as she never
makes us lose our honesty and our independence.
--Pope.
[1913 Webster]
2. Sufficient means for a comfortable livelihood.
[1913 Webster]
Declaration of Independence (Amer. Hist.), the declaration
of the Congress of the Thirteen United States of America,
on the 4th of July, 1776, by which they formally declared
that these colonies were free and independent States, not
subject to the government of Great Britain.
[1913 Webster]Declaration of Independence \Declaration of Independence\, n.
(Amer. Hist.)
The document promugated, July 4, 1776, by the leaders of the
thirteen British Colonies in America that they have formed an
independent country. See note below.
[PJC]
Note: The Declaration of Independence of The United States of
America
When in the Course of human events, it becomes
necessary for one people to dissolve the political
bands which have connected them with another, and to
assume, among the Powers of the earth, the separate and
equal station to which the Laws of Nature and of
Nature's God entitle them, a decent respect to the
opinions of mankind requires that they should declare
the causes which impel them to the separation.
We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among
these are Life, Liberty, and the pursuit of Happiness.
That to secure these rights, Governments are instituted
among Men, deriving their just powers from the consent
of the governed, That whenever any Form of Government
becomes destructive of these ends, it is the Right of
the People to alter or to abolish it, and to institute
new Government, laying its foundation on such
principles and organizing its powers in such form, as
to them shall seem most likely to effect their Safety
and Happiness. Prudence, indeed, will dictate that
Governments long established should not be changed for
light and transient causes; and accordingly all
experience hath shown, that mankind are more disposed
to suffer, while evils are sufferable, than to right
themselves by abolishing the forms to which they are
accustomed. But when a long train of abuses and
usurpations, pursuing invariably the same Object
evinces a design to reduce them under absolute
Despotism, it is their right, it is their duty, to
throw off such Government, and to provide new Guards
for their future security. -- Such has been the patient
sufferance of these Colonies; and such is now the
necessity which constrains them to alter their former
Systems of Government.
The history of the present King of Great Britain is a
history of repeated injuries and usurpations, all
having in direct object the establishment of an
absolute Tyranny over these States. To prove this, let
Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome
and necessary for the public good.
He has forbidden his Governors to pass Laws of
immediate and pressing importance, unless suspended in
their operation till his Assent should be obtained; and
when so suspended, he has utterly neglected to attend
to them.
He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would
relinquish the right of Representation in the
Legislature, a right inestimable to them and formidable
to tyrants only.
He has called together legislative bodies at places
unusual, uncomfortable, and distant from the depository
of their Public Records, for the sole purpose of
fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for
opposing with manly firmness his invasions on the
rights of the people.
He has refused for a long time, after such
dissolutions, to cause others to be elected; whereby
the Legislative Powers, incapable of Annihilation, have
returned to the People at large for their exercise; the
State remaining in the mean time exposed to all the
dangers of invasion from without, and convulsions
within.
He has endeavoured to prevent the population of these
States; for that purpose obstructing the Laws of
Naturalization of Foreigners; refusing to pass others
to encourage their migration hither, and raising the
conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary
Powers.
He has made judges dependent on his Will alone, for the
tenure of their offices, and the amount and payment of
their salaries.
He has erected a multitude of New Offices, and sent
hither swarms of Officers to harass our People, and eat
out their substance.
He has kept among us, in times of peace, Standing
Armies without the Consent of our legislatures.
He has affected to render the Military independent of
and superior to the Civil Power.
He has combined with others to subject us to a
jurisdiction foreign to our constitution, and
unacknowledged by our laws; giving his Assent to their
Acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punishment
for any Murders which they should commit on the
Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing taxes on us without our Consent:
For depriving us, in many cases, of the benefits of
Trial by Jury:
For transporting us beyond Seas to be tried for
pretended offences:
For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an
Arbitrary government, and enlarging its Boundaries so
as to render it at once an example and fit instrument
for introducing the same absolute rule into these
Colonies:
For taking away our Charters, abolishing our most
valuable Laws, and altering fundamentally the Forms of
our Governments:
For suspending our own Legislatures, and declaring
themselves invested with Power to legislate for us in
all cases whatsoever.
He has abdicated Government here, by declaring us out
of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt
our towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign
mercenaries to compleat the works of death, desolation
and tyranny, already begun with circumstances of
Cruelty & perfidy scarcely paralleled in the most
barbarous ages, and totally unworthy of the Head of a
civilized nation.
He has constrained our fellow Citizens taken Captive on
the high Seas to bear Arms against their Country, to
become the executioners of their friends and Brethren,
or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and
has endeavoured to bring on the inhabitants of our
frontiers, the merciless Indian Savages, whose known
rule of warfare, is an undistinguished destruction of
all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned
for Redress in the most humble terms: Our repeated
Petitions have been answered only by repeated injury. A
Prince, whose character is thus marked by every act
which may define a Tyrant, is unfit to be the ruler of
a free People.
Nor have We been wanting in attention to our British
brethren. We have warned them from time to time of
attempts by their legislature to extend an
unwarrantable jurisdiction over us. We have reminded
them of the circumstances of our emigration and
settlement here. We have appealed to their native
justice and magnanimity, and we have conjured them by
the ties of our common kindred to disavow these
usurpations, which would inevitably interrupt our
connections and correspondence. They too have been deaf
to the voice of justice and of consanguinity. We must,
therefore, acquiesce in the necessity, which denounces
our Separation, and hold them, as we hold the rest of
mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the United States
of America, in General Congress, Assembled, appealing
to the Supreme Judge of the world for the rectitude of
our intentions, do, in the Name, and by the Authority
of the good People of these Colonies, solemnly publish
and declare, That these United Colonies are, and of
Right ought to be Free and Independent States; that
they are Absolved from all Allegiance to the British
Crown, and that all political connection between them
and the State of Great Britain, is and ought to be
totally dissolved; and that as Free and Independent
States, they have full Power to levy War, conclude
Peace, contract Alliances, establish Commerce, and to
do all other Acts and Things which Independent States
may of right do. And for the support of this
Declaration, with a firm reliance on the Protection of
Divine Providence, we mutually pledge to each other our
Lives, our Fortunes and our sacred Honor.Declaration \Dec`la*ra"tion\, n. [F. d['e]claration, fr. L.
declaratio, fr. declarare. See Declare.]
1. The act of declaring, or publicly announcing; explicit
asserting; undisguised token of a ground or side taken on
any subject; proclamation; exposition; as, the declaration
of an opinion; a declaration of war, etc.
[1913 Webster]
2. That which is declared or proclaimed; announcement;
distinct statement; formal expression; avowal.
[1913 Webster]
Declarations of mercy and love . . . in the Gospel.
--Tillotson.
[1913 Webster]
3. The document or instrument containing such statement or
proclamation; as, the Declaration of Independence (now
preserved in Washington).
[1913 Webster]
In 1776 the Americans laid before Europe that noble
Declaration, which ought to be hung up in the
nursery of every king, and blazoned on the porch of
every royal palace. --Buckle.
[1913 Webster]
4. (Law) That part of the process or pleadings in which the
plaintiff sets forth in order and at large his cause of
complaint; the narration of the plaintiff's case
containing the count, or counts. See Count, n., 3.
[1913 Webster]
Declaration of Independence. (Amer. Hist.) See Declaration
of Independence in the vocabulary. See also under
Independence.
Declaration of rights. (Eng. Hist) See Bill of rights,
under Bill.
Declaration of trust (Law), a paper subscribed by a grantee
of property, acknowledging that he holds it in trust for
the purposes and upon the terms set forth. --Abbott.
[1913 Webster] |
Declaration of rights
(gcide) | Declaration \Dec`la*ra"tion\, n. [F. d['e]claration, fr. L.
declaratio, fr. declarare. See Declare.]
1. The act of declaring, or publicly announcing; explicit
asserting; undisguised token of a ground or side taken on
any subject; proclamation; exposition; as, the declaration
of an opinion; a declaration of war, etc.
[1913 Webster]
2. That which is declared or proclaimed; announcement;
distinct statement; formal expression; avowal.
[1913 Webster]
Declarations of mercy and love . . . in the Gospel.
--Tillotson.
[1913 Webster]
3. The document or instrument containing such statement or
proclamation; as, the Declaration of Independence (now
preserved in Washington).
[1913 Webster]
In 1776 the Americans laid before Europe that noble
Declaration, which ought to be hung up in the
nursery of every king, and blazoned on the porch of
every royal palace. --Buckle.
[1913 Webster]
4. (Law) That part of the process or pleadings in which the
plaintiff sets forth in order and at large his cause of
complaint; the narration of the plaintiff's case
containing the count, or counts. See Count, n., 3.
[1913 Webster]
Declaration of Independence. (Amer. Hist.) See Declaration
of Independence in the vocabulary. See also under
Independence.
Declaration of rights. (Eng. Hist) See Bill of rights,
under Bill.
Declaration of trust (Law), a paper subscribed by a grantee
of property, acknowledging that he holds it in trust for
the purposes and upon the terms set forth. --Abbott.
[1913 Webster] |
Declaration of trust
(gcide) | Declaration \Dec`la*ra"tion\, n. [F. d['e]claration, fr. L.
declaratio, fr. declarare. See Declare.]
1. The act of declaring, or publicly announcing; explicit
asserting; undisguised token of a ground or side taken on
any subject; proclamation; exposition; as, the declaration
of an opinion; a declaration of war, etc.
[1913 Webster]
2. That which is declared or proclaimed; announcement;
distinct statement; formal expression; avowal.
[1913 Webster]
Declarations of mercy and love . . . in the Gospel.
--Tillotson.
[1913 Webster]
3. The document or instrument containing such statement or
proclamation; as, the Declaration of Independence (now
preserved in Washington).
[1913 Webster]
In 1776 the Americans laid before Europe that noble
Declaration, which ought to be hung up in the
nursery of every king, and blazoned on the porch of
every royal palace. --Buckle.
[1913 Webster]
4. (Law) That part of the process or pleadings in which the
plaintiff sets forth in order and at large his cause of
complaint; the narration of the plaintiff's case
containing the count, or counts. See Count, n., 3.
[1913 Webster]
Declaration of Independence. (Amer. Hist.) See Declaration
of Independence in the vocabulary. See also under
Independence.
Declaration of rights. (Eng. Hist) See Bill of rights,
under Bill.
Declaration of trust (Law), a paper subscribed by a grantee
of property, acknowledging that he holds it in trust for
the purposes and upon the terms set forth. --Abbott.
[1913 Webster] |
declaration of estimated tax
(wn) | declaration of estimated tax
n 1: return required of a taxpayer whose tax withheld from
income does not meet the tax liability for the year [syn:
declaration of estimated tax, estimated tax return] |
declaration of independence
(wn) | Declaration of Independence
n 1: the document recording the proclamation of the second
Continental Congress (4 July 1776) asserting the
independence of the Colonies from Great Britain |
DEATH BED OR DYING DECLARATIONS
(bouvier) | DEATH BED OR DYING DECLARATIONS. In cases of homicide, those which are made
in extremis, when the person making them is conscious of his danger and has
given up all hopes of recovery, charging some other person or persons with
the murder. See 1 Phil. Ev. 200; Stark. Ev. part 4, p 458; 15 Johns. R. 288;
1 Hawk's R. 442; 2 Hawk's R. 31; McNally's Ev. 174; Swift's Ev. 124.
2. These declarations, contrary to the general rule that, hearsay is
not evidence, are constantly received. The principle of this exception is
founded partly on the situation of the dying person, which is considered to
be as powerful over his conscience as the obligation of an oath, and partly
on the supposed absence of interest on the verge of the next world, which
dispenses with a necessity of a cross-examination. But before such
declarations can be admitted in evidence against a prisoner, it must be
satisfactorily proved, that the deceased at the time of making them was
conscious of his danger and had given up all hopes of recovery. 1 Phil. Ev.
215, 216; Stark. Ev. part 4, p. 460.
3. They are admissible, as such, 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. 2 B. & C. 605; 15 John.
286: 4 C. & P. 233.Vide. 2 M. & Rob. 53.
4. The declarant must not have been incapable of a religious sense of
accountability to his Maker; for, if it appears that such religious sense
was wanting, whether it arose from infidelity, imbecility or tender age, the
declarations are alike inadmissible. 1 Greenl. Ev. Sec. 157; 1 Phil. Ev.
289; Phil. & Ani. Ev. 296; 2 Russ. on Cr. 688. See, in general, Bac. Abr.
Evidence, K; Addis. R. 832 East's P. C. 354, 356; 1 Stark. C. 522 2 Hayw. R.
31; 1 Hawk's R. 442; Swift's Ev. 124; Pothier, by Evans, vol. 2, p. 293;
Anth. N. P. 176, and note a; Str. 500.
|
DECLARATION
(bouvier) | DECLARATION, pleading. A declaration is 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; Bac. Abr. Pleas, B; Com.
Dig. Pleader, C 7; Lawes on Pl. 35; Steph Pl. 36; 6 Serg. & Rawle, 28. In
real actions, it is most properly called the count; in a personal one, the
declaration. Steph. Pl. 36 Doct. Pl. 83; Lawes, Plead. 33; see P. 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
Bouv. Inst. n. 2815.
2. The declaration in an action at law answers to the bill in chancery,
the libel of the civilians, and the allegation of the ecclesiastical courts.
3. It may be considered with reference, 1st. To those general
requisites or qualities which govern the whole declaration; and 2d. To its
form, particular parts, and requisites.
4.-1. The general requisites or qualities of a declaration are
first, that it correspond with the process. But, according to the present
practice of the courts, oyer of the writ cannot be craved; and a variance
between the writ and declaration cannot be pleaded in abatement. 1 Saund.
318; a.
5. Secondly. The second general requisite of a declaration is, that
it contain a statement of all the facts necessary in point of law, to
sustain the action, and no more. Co. Litt. 303, a; Plowd. 84, 122. See 2
Mass. 863; Cowp. 682; 6 East, R. 422 5 T. R. 623; Vin. Ab. Declarations.
6. Thirdly. These circumstances must be stated with certainty and
truth. The certainty necessary in a declaration is, to a certain intent in
general, which should pervade the whole declaration, and is particularly
required in setting forth, 1st. The parties; it must be stated with
certainty who are the parties to the suit, and therefore a declaration by or
against "C D and Company," not being a corporation, is insufficient. See
Com. Dig. Pleader, C I 8 1 Camp. R. 446 I T. R. 508; 3 Caines, R. 170. 2d.
The time; in personal actions the declaration must, in general, state a time
when every material or traversable fact happened; and when a venue is
necessary, time must also, be mentioned. 5 T. R. 620; Com. Dig. Plead. C 19;
Plowd. 24; 14 East, R. 390.; The precise time, however, is not material; 2
Dall. 346; 3 Johns. R. 43; 13 Johns. R. 253; unless it constitutes a
material part of the contract declared upon, or where the date, &c., of a
written contract or record, is averred; 4 T. R. 590 10 Mod. 313 2 Camp. R.
307, 8, n.; or, in ejectment, in which the demise must be stated to have
been made after the title of the lessor of the plaintiff, and his right of
entry, accrued. 2 East, R. 257; 1 Johns. Cas. 283. 3d. The Place. See Venue.
4th. Other circumstances necessary to maintain the action.
7.-2. The parts and particular requisites of a declaration are,
first, the title of the court and term. See 1 Chit. Pl. 261, et seq.
8. Secondly. The venue. Immediately after the title of the
declaration follows the statement in the margin of the venue, or county in
which the facts are alleged to have occurred, and in which the cause is
tried. See Venue.
9. Thirdly. The commencement. What is termed the commencement of the
declaration follows the venue in the margin, and precedes the more
circumstantial statement of the cause of action. It contains a statement,
1st. Of the names of the parties to the suit, and if they sue or be sued in
another right, or in a political capacity, (as executors, assignees, qui
lam, &c.) of the character or right in respect of which they are parties to
the suit. 2d. Of the mode in which the defendant has been brought into
court; and, 3d. A brief recital of the form of action to be proceeded in. 1
Saund. 318, Id. 111, 112; 6 T. R. 130.
10. Fourthly. The statement of the cause (if action, in which all the
requisites of certainty before mentioned must be observed, necessarily
varies, according to the circumstances of each particular case, and the form
of action, whether in assumpsit, debt, covenant, detinue, case, trover,
replevin or trespass.
11. Fifthly. The several counts. A declaration may consist of as many
counts as the case requires, and the jury may assess entire or distinct
damages on. all the counts; 3 Wils. R. 185; 2 Bay, R. 206; and it is usual,
particularly in actions of assumpsit, debt on simple contract, and actions
on the case, to set forth the plaintiff's cause of action in various shapes
in different counts, so that if the plaintiff fail in proof of one count, he
may succeed in another. 3 Bl. Com. 295.
12. Sixthly. The conclusion. In personal and mixed actions the
declaration should conclude to the damage of the plaintiff; Com. Dig.
Pleader, C 84; 10 Co. 116, b. 117, a.; unless in scire facias and in penal
actions at the suit of a common informer.
13. Seventhly. The profert and pledges. In an action at the suit of an
executor or administrator, immediately after the conclusion to the damages,
&c., and before the pledges, a profert of the letters testamentary or
letters of administration should be made. Bac. Abr. Executor, C; Dougl. 6,
in notes. At the end of the declaration, it is usual to add the plaintiff is
common pledges to prosecute, John Doe and Richard Roe.
14. A declaration may be general or special; for example, in debt or
bond, a declaration counting on the penal part only, is general; when it
sets out both the penalty and the condition, and assigns the breach, it is
special. Gould on Pl. c. 4, Sec. 50. See, generally, Bouv. Inst. Index, h.t.
1 Chit. Pl. 248 to 402; Lawes, Pl. Index) h.t.; Arch. Civ. Pl. index, h.t.;
Steph. Pl. h.t.; Grab. Pr. h.t.; Com. Dig. Pleader, h.t.; Dane's Ab. h.t.;
United States Dig. Pleadings ii.
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DECLARATION OF INDEPENDENC
(bouvier) | DECLARATION OF INDEPENDENCE. This is a state paper issued by the congress of
the United States of America, in the name and by the authority of the
people, on the fourth day of July, 17 76, wherein are set forth:
2.-1. Certain natural and unalienable rights of man; the uses and
purposes of governments the right of the people to institute or to abolish
them; the sufferings of the colonies, and their right to withdraw from the
tyranny of the king of Great Britain.
3.-2. The various acts of tyranny of the British Icing.
4.-3. The petitions for redress of these injuries, and the refusal.
to redress them; the recital of an appeal to the people of "Great Britain,
and of their being deaf to the voice of justice and consanguinity.
5.-4. An appeal to the Supreme Judge of the world for the rectitude
of the intentions of the representatives.
6.-5. A declaration that the United Colonies are, and of right ought
to be, free and independent states; that they are absolved from all
allegiance to the British crown, and that all political connexion between
them and the state of Great Britain, is and ought to be dissolved.
7.-6. A pledge by the representatives to each other, of their lives,
their fortunes, and their sacred honor.
8. The effect of this declaration was the establishment of the
government of the United States as free and independent) and thenceforth the
people of Great Britain have been held, as the rest of mankind, enemies in
war, in peace friends.
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DECLARATION OF INTENTION
(bouvier) | DECLARATION OF INTENTION. The act of an alien, who goes before a court of
record, and in a forma manner declares 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 he may at the time be a citizen or subject. Act of
Congress of April 14, 18O2, s. 1.
2. This declaration must, in usual cases, be made at least three years
before his admission. Id. But there are numerous exceptions to this rule.
See Naturalization.
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DECLARATION OF TRUS
(bouvier) | DECLARATION OF TRUST. The act by which an individual acknowledges that a
property, the title of which he holds, does in fact belong to another, for
whose use he holds the same. The instrument in which the acknowledgment is
made, is also called a declaration of trust; but such a declaration is not
always in writing, though it is highly proper it should be so. Will. on
Trust, 49, note y; Sudg. on Pow. 200. See Merl. Rep. Declaration au profit
d'un tiers.
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DECLARATION OF WAR
(bouvier) | DECLARATION OF WAR. An act of the national legislature, in which a state of
war is declared to exist between the United States and some other nation.
2. This power is vested in congress by the constitution, art. 1, s. 8.
There is no form or ceremony necessary, except the passage of the act. A
manifesto, stating the causes of the war, is usually published, but war
exists as soon as the act takes effect. It was formerly usual to precede
hostilities by a public declaration communicated to the enemy, and to send a
herald to demand satisfaction. Potter, Antiquities of Greece, b. 3, c. 7;
Dig. 49, 15, 24. But that is not the practice of modern times. In some
countries, as England, the, power of declaring war is vested in the king,
but he has no power to raise men or money to carry it on, which renders the
right almost nugatory.
4. The public proclamation of the government of a state, by which it
declares itself to be at war with a foreign power, which is named, and which
forbids all and every one to aid or assist the common enemy, is also called
a declaration of war.
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DECLARATIONS
(bouvier) | DECLARATIONS, evidence. The statements made by the parties to a transaction,
in relation to the same.
2. These declarations when proved are received in evidence, for the
purpose of illustrating the peculiar character and circumstances of the
transaction. Declarations are admitted to be proved in a variety of cases.
3.-1. In cases of rape, the fact that the woman made declarations in
relation to it, soon after the assault took place, is evidence; but the
particulars of what she said cannot be heard. 2 Stark; N. P. C. 242; S. C. 3
E. C. L. R. 344. But it is to be observed that these declarations can be
used only to corroborate her testimony, and cannot be received as
independent evidence; where, therefore, the prosecutrix, died, these
declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R.
173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188.
4.-2. When more than one person is concerned in the commission of a
crime, as in cases of riots, conspiracies, and the like, the declarations of
either of the parties, made while acting in the common design, are evidence
against the whole; but the declarations of one of the rioters or
conspirators, made after the accomplishment of their object, and when they
no longer acted together, are evidence only against the party making them. 2
Stark. Ev. 235 2 Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269.
5. In. civil cases the declarations of an agent, made while acting for
his principal, are admitted in evidence as explanatory of his acts; but his
confessions after he has ceased to, act, are not evidence. 4. S. R. 321.
6.-3. To prove a pedigree, the declarations of a deceased member of
the family are admissible. Vide Hearsay, and the cases there cited.
7.-4. The dying declarations of a man who has received a mortal
injury, as to the fact itself, and the party by whom it was committed, are
good evidence; but the party making them must be under a full consciousness
of approaching death. The declarations of a boy between ten and eleven years
of age, made under a consciousness of approaching death, were received in
evidence on the trial of a person for killing him, as being declarations in
articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such
declarations is admissible only when the death of the deceased is the
subject of the charge, and the circumstances of the death the subject of the
dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608;
S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95
But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying
declarations. 3 Bouv. Inst. n. 3071.
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DYING DECLARATIONS
(bouvier) | DYING DECLARATIONS. When a man has received a mortal wound or other injury,
by which he is in imminent danger of dying, and believes that he must die,
and afterwards does die, the statements he makes as to the manner in which
he received such injury, and the person who committed it, are called his
dying declarations.
2. These declarations are received in evidence against the person thus
accused, on the ground that the party making them can have no motive but to
tell the truth. The following lines have been put into the mouth of such a
man:
Have I not hideous Death before my view,
Retaining but a quantity of life,
Which bleeds away, even as a form of wax
Resolveth from his figure 'gainst the fire ?
What in the world should make me now deceive,
Since I must lose the use of all deceit?
Why then should I be false, since it is true
That I must die here, and live hence by truth.
See Death; Deathbed or dying declarations; Declarations.
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TITLE OF A DECLARATION
(bouvier) | TITLE OF A DECLARATION, pleading. At the top of every declaration the name
of the court is usually stated, with the term of which the declaration is
filed, and in the margin the venue, namely, the city or county where the
cause is intended to be tried is set down. The first two of these compose
what is called the title of the declaration. 1 Tidd's Pr. 866.
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