Bouvier’s Dictionary of Law, 1856DECLARA'TION, noun
1. An affirmation; an open expression of facts or opinions; verbal utterance; as, he declared his sentiments, and I rely on his declaration
2. Expression of facts, opinions, promises, predictions, etc., in writings; records or reports of what has been declared or uttered.
The scriptures abound in declarations of mercy to penitent sinners.
3. Publication; manifestation; as the declaration of the greatness of Mordecai. Esther 10:2.
4. A public annunciation; proclamation; as the declaration of Independence, July 4, 1776.
5. In law, that part of the process or pleadings in which the plaintiff sets forth at large his cause of complaint; the narration or count.
Black’s Law Dictionary, 1st edition, 1899DECLARANT.
One who makes a declaration. Vide Declarationis.
1. The statements made by the parties to a transaction, in relation to the same.
2. These declarations when proved are received in evidence, for the purpose of illustrating the peculiar character and circumstances of the transaction. Declarations are admitted to be proved in a variety of cases.
3. 1. In cases of rape, the fact that the woman made declarations in relation to it, soon after the assault took place, is evidence; but the particulars of what she said cannot be heard. 2 Stark; N. P. C. 242; S. C. 3 E. C. L. R. 344. But it is to be observed that these declarations can be used only to corroborate her testimony, and cannot be received as independent evidence; where, therefore, the prosecutrix, died, these declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R. 173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188.
4. 2. When more than one person is concerned in the commission of a crime, as in cases of riots, conspiracies, and the like, the declarations of either of the parties, made while acting in the common design, are evidence against the whole; but the declarations of one of the rioters or conspirators, made after the accomplishment of their object, and when they no longer acted together, are evidence only against the party making them. 2 Stark. Ev. 235 2
Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269.
5. In. civil cases the declarations of an agent, made while acting for his principal, are admitted in evidence as explanatory of his acts; but his confessions after he has ceased to, act, are not evidence. 4. S. R. 321.
6. 3. To prove a pedigree, the declarations of a deceased member of the family are admissible. Vide Hearsay, and the cases there cited.
7. 4. The dying declarations of a man who has received a mortal injury, as to the fact itself, and the party by whom it was committed, are good evidence; but the party making them must be under a full consciousness of approaching death. The declarations of a boy between ten and eleven years of age, made under a consciousness of approaching death, were received in evidence on the trial of a person for killing him, as being declarations in articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such declarations is admissible only when the death of the deceased is the subject of the charge, and the circumstances of the death the subject of the dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608; S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95 But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying declarations. 3 Bouv. Inst. n. 3071.
A person who makes a 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 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 ecclesiastical and admiralty law, the “bill” in equity, the “petition” in civil law, the “complaint” 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 deceased, which is admissible in evidence in some cases. contrary to the general rule, a. g., a “dying declaration."
In practice. The declaration or declaratory 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 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 magistrate. 2 Alis. Crim. Pr. 555.
Black’s Law Dictionary, Abridged 6th Edition, 1995DECLARE.
To solemnly assert a fact before witnesses, e.g. where a testator declares 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 positive 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 declaration as a ground or cause of action; as “he declares upon a promissory note."
WEX Legal DictionaryDeclaration
In law of evidence, an unsworn statement or narration of facts made by party to the transaction, or by one who has an interest in the existence of the facts recounted.
Formal statement, proclamation, or announcement such as an affidavit.
A person who signs a statement or declaration alleging that the information contained in the statement is true.