Blacks Law Dict. 1st ed

340

DECLARATION OF PARIS

DECOLLATIO

States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St. § 2165. DECLARATION OF PARIS. The name given to an agreement announcing four important rules of international law effected between the principal European powers at the Congress of Paris in 1856. These rules are: (1) Privateering is and remains abol ished; (2) the neutral flag covers enemy's goods, except contraband of war; (3) neutral goods, except contraband of war, are not li able to confiscation under a hostile flag; (4) blockades, to be binding, must be effective. DECLARATION OF RIGHT. See BILL OF RIGHTS. DECLARATION OF TRUST. The act by which the person who holds the legal title to property or an estate acknowledges and declares that he holds the same in trust to the use of another person or for certain specified pu-rposes. The name is also used to designate the deed or other writing embody ing such a declaration. DECLARATION OF WAR, A public and formal proclamation by a nation, through its executive or legislative department, that a state of war exists between itself and an other nation, and forbidding all persons to aid or assist the enemy. DECLARATOR. In Scotch law. An action whereby it is sought to have some right of property, or of status, or other right judicially ascertained and declared. Bell. DECLARATOR OF TRUST. In Scotch law. An action resorted to against a trustee who holds propei ty upon titles ex facie for Ms own benefit. Bell. DECLARATORY. Explanatory; de signed to fix or elucidate what before was un certain 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 what it is and what it has been. 1 Bi. Comm. 86. DECLARATORY ACTION. In Scotch law. An action in which the right of the pur suer (or plaintiff) is craved to be declared, but nothing claimed to be done by the de fender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an "action of declarator." DECLARATORY DECREE. In prac tice. 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 A LAW. That which clearly defines rights to be ob served and wrongs to be eschewed. DECLARE. To solemnly assert a fact before witnesses, e. g. t where a testator de clares a paper signed by him to be his last will and testament. This also is one of the words customarily used in the promise given by a person who is affirmed as a witness,—"sincerely and truly declare and affirm." Hence, to make a posi tive and solemn asseveration. With reference to pleadings, it means to draw up, serve, and file a declaration; e. g., a "rule to declare." Also to allege in a dec laration as a ground or cause of action; as "he declaies upon a promissory note." DECLINATION. In Scotch law. A plea to the jurisdiction, on the ground that the judge is interested in the suit. DECLINATOIRES. In French law. Pleas to the jurisdiction of the court; also of Us pendens, and of connexite, (q. v.) DECLINATORY PLEA. In English practice. The plea of sanctuary, or of bene fit of clergy, before trial or conviction. 2 Hale, P. C. 236; 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; Id. 436, note. DECLINATURE. In Scotch practice. An objection to the jurisdiction of a judge. Bell. DECOCTION. The act of boiling a sub stance in water, for extracting its virtues. Also the liquor in which a substance has been boiled; water impregnated with the princi ples of any animal or vegetable substance boiled in it. Webster. In an indictment "decoction" and "in fusion" areejusdem generis; and if one is al leged to have been administered, instead of the other, the variance is immaterial. 3 Camp. 74. DECOCTOR. In the Roman law. A bankrupt; a spendthrift; a squanderer of public funds. Calvin. DECOLLATIO. In old English and Scotch law. Decollation; the punishment of beheading. Fleta, lib. 1, c. 21, § 6.

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