Blacks Law Dict. 1st ed

339 DECLARATION OF INTENTION

DECIES TAKTUM

cept, or tender the same proposal back again, otherwise the whole was taken as confessed by him. Cod. 4, 1, 12. DECLARANT. A person who makes a declaration. DECLARATION. In pleading. The first of the pleadings on the part of the plain tiff in an action at law, being a formal and methodical specification of the facts and cir cumstances 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 ec clesiastical and admiralty law, the "bill" in equity, the "petition" in civil law, the "com plaint" in code pleading, and the "count" in real actions. 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 facts recounted. Or a similar statement made by a person since de ceased, which is admissible in evidence in some cases, contrary to the general rule, e. g., a "dying declaration." In practice. The declaration or declara tory 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 be come 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 magis trate. 2 Alls. Crirn. Pr. 555. DECLARATION OF INDEPEND ENCE. A formal declaration or announce ment, promulgated July 4, 1776, by the congress of the United States of America, in the name and behalf of the people of the col onies, asserting and proclaiming their inde pendence 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 prelim inary to naturalization, before a court of re** ord, to the effect that it is bona fide his ii*> tention to become a citizen of the United

DECIES TANTUM. (Ten times as much.) The name of an ancient writ that was used against a Juror who had taken a bribe in money for his verdict. The injured party could thus recover ten times the amount of the bribe. DECIM2E. In ecclesiastical law. Tenths, or tithes. The tenth part of the annual profit of each living, payable formerly to the pope. There were several valuations made of these livings at different times. The de~ citnce (tenths) were appropriated to the crown, and a new valuation established, by 26 Hen. VIIL c. 3. 1 Bl. Comm. 284. See TITHES. Decimee debentur parocho. Tithes ar« due to the parish priest. Decimse de decimatis solvi non de bent. Tithes are not to be paid from that which is given for tithes. Decimse de jure divino et canonica in stitutione pertinent ad personam. Dal. 50. Tithes belong to the parson by divine right and canonical institution. Decimse non debent solvi, ubi non est annua renovatio; et ex annuatis reno vantibus simul semel. Cro. Jac. 42. Tithes ought not to be paid where there is not an annual renovation, and from annual renovations once only. DECIMATION. The punishing every tenth soldier by lot, for mutiny or other fail ure of duty, was termed "decimatio legio nis" by the Romans. Sometimes only the twentieth man was punished, (vicesimatio,) or the hundredth, (centesitnatio.) DECIME. A French coin of the value of the tenth part of a franc, or nearly two cents. Deoipi quam fallere est tutius. It is safer to be deceived than to deceive. Lofft, 396. DECISION. In practice. A judgment or decree pronounced by a court in settle ment of a controversy submitted to it and by way of authoritative answer to the ques tions raised before it. "Decision" is not synonymous with "opin ion." A decision of the court is its judg ment; the opinion is the reasons given for that judgment. 13 Cal. 27. DECISIVE OATH. In the civil law. Where one of the parties to a suit, not being able to prove his charge, offered to refer the decision of the cause to the oath of his adver sary, which the adversary was bound to ac

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