KFLCC Kingdom Law 2nd Ed.

337

DECLARATION

DECESSUS

by way of authoritative answer to the ques tions raised before it. Adams v. Railroad Co., 77 Miss. 194, 24 South. 317, 60 L. R. A. 33; Board of Education v. State, 7 Kan. App. 620, 52 Pac. 466; Halbert v. Alford (Tex.) 16 S. W. 814. "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 Houston v. Williams, 13 Gal. 27, 73 Am. Dec. 565; Craig v. Bennett, 158 Ind. 9, 62 N. E. 273. 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 ad versary, which the adversary was bound to accept, 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 plaintiff in an action at law, being a formal and methodical specification of the facts and circumstances constituting his cause of action. It commonly comprises several sec tions or divisions, called "counts," and its formal parts follow each other in this or der: Title, venue, commencement, cause of action, counts, conclusion. The declaration, 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" in real actions. U. S. v. Ambrose, 108 U. S. 336, 2 Sup. Ct. 682, 27 L. Ed. 746; Buckingham v. Murray, 7 Houst. (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 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 deceased, 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 judg ment or order declares that, according to the true construction of the will, the plain tiff has become 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. Crim. Pr. 555. —Declaration of Independence. A formal declaration or announcement, promulgated July

DECESSUS. In the civil and old English law. Death; departure. Decet tamen.' principem servare leges qnibus ipse servatus est. It behoves, in deed, the prince to keep the laws by which he himself Is preserved. DECIDE. To decide includes the power and right to deliberate, to weigh the rea sons for and against, to see which pre ponderate, and to be governed by that pre ponderance. Darden v. Lines, 2 Fla. 571; Com. v. Anthes, 5 Gray (Mass.) 253; In re Mllford A M. R. Co., 68 N. H. 570, 36 Atl. 545. DECEES 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. DECIMJB. In ecclesiastical law. Tenths, or tithes. The tenth part of the annual prof it of each living, payable formerly to the 'pope. There were several valuations made of these livings at different times. The de dm