KFLCC Kingdom Law 2nd Ed.

338

DECLARATION

DEOONFES

4, 1776, by the congress of the United States of America, in the name and behalf of the people of the colonies, asserting and proclaiming their independence of the British crown, vindicating their pretensions to political autonomy, and an nouncing themselves to the world as a free and independent nation.— Declaration of inten tion. A declaration made by an alien, as a preliminary to naturalization, before a court of record, to the effect that it is bona fide his in tention to become a citizen of the United States, and to renounce forever all allegiance and fideli ty to any foreign prince, potentate, state, or sovereignty whereof at the time he may be a citizen or subject. Rev. St. § 2165 (U. S. Comp. St. 1901, p. 1329).— Declaration of Paris. The name given to an agreement announcing four important rules of international law effect ed between the principal European powers at the Congress of Paris in 1856. These rules are: (1) Privateering is and remains abolished; (2) the neutral flag covers enemy's goods, except contraband of war; (3) neutral goods, except contraband of war, are not liable to confisca tion 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 purposes. The name is also used to designate the deed or other writing embodying such a declaration. Griffith v. Max field, 66 Ark. 513, 51 S. W. 832.— Declaration of war. A public and formal proclamation by a nation, through its executive or legislative de partment, that a state of war exists between itself and another nation, and forbidding all per sons to aid or assist the enemy.— Dying dec larations. Statements made by a person who is lying at the point of death, and is conscious of his approaching dissolution, in reference to the manner in which he received the injuries of which he is dying, or other immediate cause of his death, and in reference to the person who inflicted such injuries or the connection with such injuries of a person who is charged or suspected of having committed them; which statements are admissible in evidence in a trial for homicide where the killing of the declarant is the crime charged to the defendant. Simons v. People, 150 111. 66, 36 N. El 1019; State v. Trusty, 1 Pennewill (Del.) 319, 40 Atl. 766; State v. Jones, 47 TLa. Ann. 1524, 18 South. 515; Bell v. State, 72 Miss. 507, 17 South. 232; People v. Fuhrig, 127 Cal. 412, 59 Pac. 693; State v. Parham, 48 La. Ann. 1309, 20 South. 727. 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. An action resorted to against a trustee who holds property upon titles ex facie for his own benefit. Bell. Explanatory; design ed to fix or elucidate what before was un certain or doubtful. —Declaratory action. In Scotch law. An action in which the right of the pursuer (or plaintiff) is craved to be declared, but nothing claimed to be done by the defender, (defendant.) Ersk. Inst. 5, 1, 46. Otherwise called an "ac tion of declarator."—Declaratory decree. In practice. A binding declaration of right in eq uity without consequential relief.— Declara tory judgment. A declaratory judgment is one which simply declares the rights of the par ties, or expresses the opinion of the court on a question of law, without ordering anything to DECLARATOR. In Scotch law. DECLARATORY.

be done.— Declaratory part of * law. That which clearly defines rights to bf observed and wrongs to be eschewed.— Declaratory stat ute. One enacted for the purpose of removing doubts or putting an end to conflicting deci sions in regard to what the lew is in relation to a particular matter. It nay either be ex pressive of the common law, (1 Bl. Comm. 86; Gray v. Bennett, 3 Mete [Mass.] 527;) or may declare what shall be taken to be the true mean ing and intention of a previous statute, though in the latter case such enactments are more commonly called "expository statutes." DECLARE. To solemnly assert a fact before witnesses, e. g., where a testator de clares a paper signed by him to be his last will and testament. Lane v. Lane, 95 N. Y. 498. 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. Bassett v. Denn, 17 N. J. Law, 433. 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 declares upon a promissory note." 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 lis pendens, and of eonnexite', (q. v.) 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; Sykes v. Magone (C. C.) 38 Fed. 497. In an indictment "decoction" and "in fusion" are ejusdem 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. DECONFES. In French law. A name formerly given to those persons who died DECLINATION. DECLINATORY PLEA. In