Page:Black's Law Dictionary (Second Edition).djvu/346

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


4, 1778, by the congress of the United States of America, in the name and behnlf of the people of the colonies, usselting and proclaiming: their Independence of the British crown. vindicnting their pretensions to political autonomy, and announcing themselves to the world as a free and independent natiun.—DecInx-ation of intention. A declaration made by an alien, us ii preliminary to naturaliz-iijun. before a court of I'L'(UI'd. to the effect that it is Immz fidiz his lutcntiou to become a citizen of the United States, nnd to renounce forever nli allegiance and fidelity to any foreign prince, potentste, state. or sovereignty whereof at the time he may be a citizen or subject Rev. St. 55 215') (U. S. Comp. St. 1901. p. l320).—Decl-arittion of Paris. The name giien to an agreement announcing four important rules of int:-iniitinual law elIected helix-vn the irincinal I'}urope'in powers at the C nzrcss of aris in 1856. These rules are: (1) I’i-iialcering is and remains abolished; (2) the neutral fiag Lovers enemy's goods, except coutrabllnll of war; (3) neutral goods, except contraband of war, are not liable to confiscation under a hostile flag; (4) blnckadcs. to be binding, must he et‘t'ective.—Dee1iu-ation of right. See BILL or Itmn'rs.—Deelai-ation of trust. The art by Wl.lJ('l’l the person who holds the legal title to property or an estiite iicknoiileclges and declares that he holds the same in trust to the use of another person or for certain spe<-il_'wrl piirpuses. The name is also used to designate the dccd or other writing 5-mlindving surh a declaration. iiiffith v. Max- field. on Ark. 513. 51 s. W. S32.—Declari1tion of war. A public and formal pi-ncl nlinu by a nation. through its executive or legislative depurtinent, that a state of war exists between itself and another nation, and forbidding nll persons to aid or assist the enem_v.—Dying ee- lin-atiuns. Statements made by a person who ls lying at the point of death, and is conscious of his appronchin;~; 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 nho inflictnd such injuries or the connection with such injuries of a person vsho is charged or suspected of hnvin-7 committed tbem: which stnterm-nts are admissible in eiidence in a trial [or hoiiiicide where the killing of the declarant ls the crime charged to the defendant. Simous v. People. 150 Ill. (:6, 36 N. E. 1019; State v. Trusty. 1 Pennewill (Del.) 319. 40 Atl. 766; State v. Jones, 47 ILa. Ann. 1524. 18 South. 515; Bell v. State, 72 M 507. 17 Smith. fl; People v. Fuhrig. 127 59 Pac. li‘Yi'

State v. Perhnm, 48 Ls.lA-nn. 309, 20 South: 7.7.

DECLARATOR. In Scotch law. An actlnn whereby it is sought to have some right of property, or of status, or other rlgzht judicially ascertained and declared. BelL

—DeeIa1-n.tor of trust. An action resorted to against a trustee who holds property upon titles as far.-ie for his ovsn benefit. 1‘-eli.

DECLARATORY. Explanatory; designed to fix or elucidate what before was ucnertain or doubtful.

—Declax'ntury action. In Scotch law. An action in which the right of the pursuer tor plaintiff) is craved to be declared, but nothin lnimed to be done by the defender, (defendant. sk. Inst. 5, 1, 46. Otherwise called an “action of declarstor."—Dee1a.rntory decree. In practice. A binding declaration of iiglit in eq- uity without consequential relief.—Dec1a.rator-y judgment. A declaratory judgment ls one which slmply declares the rights of the parties, or expresses the opinion of the court on a question of law, without ordering anything to



be done.—Dee1arntu1-y part of A law. That which clearly defines rights to be observed and wrongs to be eschewed.—-Declaratory stet-

nte. One enacted for the purpose of remoi-lg

doubts or putting an end to eoi_:.l1i_ctlug ii

sinus in regard to what the law is in relnfim to a particular matter. It may either he Q pressive of the common Ian. 1] Bl. ('omiii. 0: Gray v. Bennett, 3 Mom. [.\Iass.] 527:) or may decliire what shall be taken to be the true meaning and intention of a Erevious statute. thouh in the latter case siic enactments are more commonly called "expository statutes."

DECLARE. To soleninly assert I fact before wltuesses, e. 9., “here a teststor dr- clurcst 8 paper signed by hiiu to be his lvd 'wll.l and testament Laue v. Lane, 95 N. I. 498.

This also is one of the words customnrlly used in the proinlse given by a person who is aflirniml as a wltuess,—“sincerely and truly declare and nllirin." Hence, to make a pool- tive and solemn asseveration. Bnssett v. Denn, 17 l\'. J. Law, 433.

“Pith reference to pleadings, It means to draw up. serve, and flle a declaration: 0. 9-. a “rule to declare." Also to allege in a den laratlou as a ground or cause of uctlou; as “he declares upon a promissory note."

DECLINATION. In Scotch law. A nlen to the ]l1I‘1S(littl0II, on the ground that the judge is interested in the suit.

DECLINATOIRES. In French law Pleas to the jurisdittion of the court: also of Its portions, and of comwzité, (q. Ii.)

DECLINATORY PLEA. In English practice. The plea of SflLlC£l1fl.1‘§', or of benefit of eiergy, before trial or conrlctinn. : Hale, P. C. 236: 4 Bl. Comm. 333. Now abolished. 4 Steph. Comm. 400, note; 111. 436, note.

DECLINATURE. In Scotch practice An objection to the jnrisdiction of a judge Bell.

DECOCTION. The act of boiling a sub- stance in water, for extractlng its virtues. Also the liquor in which a substance has been boiled; water impregnated with the prlncl- ples of any aulinnl or vegetable substanue boiled in it. Webster; Sykes v. lllngoue ((1 C.) 38 Fed. 497.

In an indictment “decoction" and "lu- fusion" are ciusdcm generic; and If one ls alleged to have been administered, instead of the other, the variance is Iinniiiterisi. 3 Camp. 74.

DECOCTOR. In the Roman law. A biiukrupt; a spendthrift; a squunderer of public funds. Calvin.

DECOLLATIO.}} In old English and Scotch law. Decollation; the punishment of beheading. Fleta, lib. 1, c. 21, § 8,

DECONFES. In French law. A name

formerly glven to those persons who dled