DECLARATION

In pleading. The first of the Pleadings on the part ot the plaintiff In an action at law, being a tormal and methodical specification of the facts and circumstances constituting his cause ot f action. It commonly comprises several sections or divisions, called "counts," and its tormal parts tollow each other In this order: Title, venue, commencement, cause ot action, counts, conclusion. The declaration, G 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 pleading, and the "count" fn real actions. U. S. v. Ambrose, H 168 U. S. 336, 2 Sup. Ct. 682, 27 L. Ed. 746; Bucking ham v. Murray, 7 Ho_ust. (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 I. narration ot tacts made by a party to the transaction, or by one who has an Interest in the existence ot the tacts recounted. Or a similar statement made by a person since deceased, which is admi ible In ·evidence in J, some cases, contrary to the general rule, e. g., 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 K ot the court _on the question of law in the case. Thus, In an action raising a question as to the c;on struct i on ot a will, the judgment or order declares that, according to the true construction of the will, the plaintiff has become entitled to the residue ot L the testator's estate, or tlie like. Sweet. In Scotch practice. The statement ot a criminal or prisoner, taken before a magistrate. 2 Alls. Crim. Pr.' 555. -Declaration of Independence. A formal M declaration or announcement, -promulgated July [s. 343]