Declaration

Legal paperwork and procedures that are too general to fit in a specific category.
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notmartha
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Declaration

Post by notmartha »

Declarations differ from affidavits in that they need not be sworn to, and while they still must be statements of facts, there is a little more wiggle room to include conclusions of law. Editor posted an example HERE.

Webster’s 1828
DECLARA'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.
Bouvier’s Dictionary of Law, 1856
DECLARANT.

One who makes a declaration. Vide Declarationis.

DECLARATIONS, evidence.

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.
Black’s Law Dictionary, 1st edition, 1899
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 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.
DECLARE.

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."
Black’s Law Dictionary, Abridged 6th Edition, 1995
Declaration
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.
WEX Legal Dictionary
Declaration
Formal statement, proclamation, or announcement such as an affidavit.

Declarant
A person who signs a statement or declaration alleging that the information contained in the statement is true.
Last edited by notmartha on Mon Aug 20, 2018 11:34 am, edited 1 time in total.
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notmartha
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Re: Declaration

Post by notmartha »

Just for reference...

UNITED STATES v. AMBROSE.
108 U.S. 336 (2 S.Ct. 682, 27 L.Ed. 746)
Decided: April 23, 1883
Sol. Gen. Phillips, for the United States.
Geo. Hoadly, E. M. Johnson, and Edward Colston, for Ambrose.
Argument of Counsel from pages 337-338 intentionally omitted
MILLER, J.
This case comes before us on a certificate of division of opinion between the judges holding the circuit court for the southern district of Ohio.

The defendant, who was clerk of the circuit and district courts for that district, was indicted for perjury in swearing before the district judge to his emolument returns and an account for services rendered for the United States. The indictment consists of four counts, framed under section 5392 of the Revised Statutes, namely:

'Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than $2,000, and by imprisonment at hard labor not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed.'

In the first three counts of the indictment, after setting out the emolument returns, and their verification by oath of the defendant, the falsity of the counts, and the corrupt perjury of the defendant in swearing to them, each count closes with this language:

'And so the grand jurors aforesaid, on their oaths and affirmations aforesaid, present that he, the said Thomas Ambrose, having taken the said oath, before the said officer who was competent to administer the same, that said written declaration by him so subscribed as aforesaid was true, willfully and contrary to said oath did then and there unlawfully subscribe said matters heretofore set forth, which were material and which he did not believe to be true, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.'

A demurrer was filed to the whole indictment, on the ground, relied on here also, that the paper, to the truth of which defendant swears as it is set forth in the indictment, is neither a declaration, as it is charged to be in the first three counts, nor a certificate, as charged in the last, within the meaning of those words in section 5392. And in regard to this question, as it applies to each count, the judges of the court have sent us the following certificate:

(Circuit Court of the United States, Southern District of Ohio.)
(1472) UNITED STATES v. THOMAS AMBROSE.
Indictment.

'This cause coming on to be heard before the Hon. NOAH H. SWAYNE and Hon, JOHN BAXTER, judges of said court, sitting therein upon the demurrer of defendant to the indictment, certain questions thereupon occurred on said hearing to be decided by the court, to-wit:

'First. Whether the instrument set forth in the first count of indictment, and alleged therein to have been subscribed and sworn to by the defendant, was a written declaration within the meaning of section 5392 of the Revised Statutes of the United States.

'Second. Whether the instrument set forth in the second count of the indictment, and alleged therein to have been subscribed and sworn to by the defendant, was a written declaration within the meaning of section 5392 of the Revised Statutes of the United States.

'Third. Whether the instrument set forth in the third count of indictment, and alleged therein to have been subscribed and sworn to by the defendant, was a written declaration within the meaning of section 5392 of the Revised Statutes of the United States.

'Fourth. Whether the instrument set forth in the fourth count of the indictment, and alleged therein to have been subscribed and sworn to by the defendant, was a written certificate within the meaning of section 5392 of the Revised Statutes of the United States.

'Upon which said questions the judges aforesaid were divided in opinion.

'It is thereupon ordered that the said points of disagreement, stated as above, under the direction of said judges, be certified under the seal of the court to the supreme court of the United States at their next session.'

We do not think the words 'declaration' and 'certificate,' as used in the section of the Revised Statutes on which this indictment is founded, are used as terms of art, or in any technical sense, but are used in the ordinary and popular sense, to signify any statement of material matters of fact sworn to and subscribed by the party charged. Indeed, the word 'declaration,' as a word of art in the law, is generally used to signify the plea by which a plaintiff in a suit at law sets out his cause of action, as the word 'complaint' is in the same sense the technical name of a bill in chancery. The fact that in many acts of congress cited by counsel that body has used the word to signify a statement in writing, whether sworn to or not, as the foundation in many cases of official action, or as preliminary to the assertion of rights by the party who makes the declaration, is far from proving that the use of the word in the act concerning perjury is limited to these cases. The inference is strong the other way, for the word is used in the cases cited in regard to so many and such diverse transactions, that it can, in view of them all, have no other meaning than what is attached to it in ordinary use. And in all these instances it is equivalent to a statement of facts material to the matter in hand.

The paper or statement of the emolument account, the falsity of which is the foundation of the charge, is set out; and if, in the charging clause of the indictment, it is described by a word equally applicable to other instruments, no harm can come to defendant, since he is precisely informed as to the identical writing which is alleged to be false, and which he swore to be true. Nor can he be mislead in any way, because what he says in that writing is, in the correct use of language, his sworn declaration on that subject. But the perjury in all such cases consists in the oath by which the party indicted swears to the truth of some matter, and this oath may be said to be the false statement of the statute. Or, in another sense, it may be said that the written statement and the oath of the party that it is true, all constitute the declaration or certificate of the statute, for the falsity of which he is chargeable with perjury and liable to punishment. The previously-prepared writing, his oath to its truth, or the whole taken together, is, in our opinion, a declaration of the party within the meaning of the statute, and may be so well described in the indictment. We are quite satisfied that, as set forth in this indictment, these are material matters under the statute, and if defendant did not believe them to be true when he swore to and subscribed the statement that they were true, that he is guilty of perjury, as declared in section 5392; and we think the word 'declaration' correctly defines such statement. The same rule of construction is applicable to the word 'certificate' used in the statute.

It is attempted in argument to raise the question whether the judge of the district court had authority to administer the oath in which the perjury was committed. But it is clear that no such question is certified to us by the judges of the circuit court, and we cannot consider it. U. S. v. Briggs, 5 How. 208; Dennistoun v. Stewart, 18 How. 568.

We answer all the questions submitted to us in the affirmative, and it will be so certified to the circuit court.
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MTKonig
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Re: Declaration

Post by MTKonig »

I can see the utility of declarations for those still at "war" with the system. but is an act of "declaring" something a conflict with what has already been perfected -- i.e. a "will" we can self-govern in accordance with? (Heb 1&9)

what if we've come out of "law" and are now under a new (better) covenant that freed us from the law? what for those who desire to walk the narrow path toward peacemaking? is there any road where "law" and "equity" can be co-mingled? in other words, what is an alternative to declaration for the redeemed members of the ecclesia of heaven?

what about proclamation? http://webstersdictionary1828.com/Dicti ... oclamation
PROCLAMA'TION, noun [Latin proclamatio, from proclamo.]
1. Publication by authority; official notice given to the public.
King Asa made a proclamation throughout all Judah. 1 Kings 15:22.
2. In England, a declaration of the king's will, openly published.
Proclamations are a branch of the king's prerogative, and are binding on the subject.
3. The declaration of any supreme magistrate publicly made known; as the proclamation of the governor appointing a day of thanksgiving.
4. The paper containing an official notice to a people. The sheriff receives and distributes the governor's proclamations.

hasn't our "king" already achieved the victory? isn't he the "king of kings", and the one who has already judged the world with righteousness, and the people with equity? (ps 98:9) https://biblehub.com/psalms/98-9.htm

Isn't it time to put down the "sword" and return to the plowshares, tending the new 'garden' in paradise restored?

3- paradise restored: rehabilitation of (PTSD)
post-traumatic slavery disorder thru
separation from church & state
April 1, 2018 (posted on "Easter")
https://www.hosfell.org/single-post/paradise

. . . series started with 2 prequels:

2 - without a vision, people perish:
but one who listens to instruction will be happy
March 21, 2018
https://www.hosfell.org/single-post/volunteers

1 - …greater things you will do…
the “royal priesthood”
March 9, 2018
https://www.hosfell.org/single-post/way-showers
-----------------
greater things you will do: the royal priesthood
https://www.hosfell.org/single-post/way-showers
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notmartha
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Re: Declaration

Post by notmartha »

MTKonig wrote: Sat Aug 18, 2018 8:53 pm I can see the utility of declarations for those still at "war" with the system. but is an act of "declaring" something a conflict with what has already been perfected -- i.e. a "will" we can self-govern in accordance with? (Heb 1&9)
If you are using the word "declaration" in its general sense, I don't believe so.

The word "jurisdiction" literally means "law declared". We are to be separate from the system (2 Cor 6) (not necessarily "at war") and when the system tries to pull us in, I believe it prudent to make known a conflict of law by declaring (in voice or print) that my Law is the Word of God. This is following the example of Jesus, who in Matthew 4:1-10 and Luke 4:1-14 declared to Satan “It is written...” declaring The Word as His Law, and establishing Satan’s lack of authority/jurisdiction.
MTKonig wrote: Sat Aug 18, 2018 8:53 pm what if we've come out of "law" and are now under a new (better) covenant that freed us from the law? what for those who desire to walk the narrow path toward peacemaking? is there any road where "law" and "equity" can be co-mingled? in other words, what is an alternative to declaration for the redeemed members of the ecclesia of heaven?


I am not a dispensationalist and/or antinomian. There is law, given by only one Lawgiver (James 4:12), contradistinctive to agreements by contract (covenants). We (the redeemed members of the ecclesia) are not to make contracts (yoke) with darkness (2 Cor 6). Equity holds that the Law needs rectification, that it is insufficient. I disagree. The Law is completely sufficient and therefore can't comingle with equity.

As far as an alternative to a declaration, why is one needed? Unless you are speaking of declaration in the artful sense, declarations are a completely Biblical option. The words "declare" or "declaration" are actually found in the KJV 144 times. Most often a declaration is spoken but sometimes written:

Jeremiah 50:2 - Declare ye among the nations, and publish, and set up a standard; publish, and conceal not: say, Babylon is taken, Bel is confounded, Merodach is broken in pieces; her idols are confounded, her images are broken in pieces.
MTKonig wrote: Sat Aug 18, 2018 8:53 pm what about proclamation?
Is there a significant difference between "proclamation" and "declaration"? Both can be spoken and/or written:

Ezra 1:1 - Now in the first year of Cyrus king of Persia, that the word of the LORD by the mouth of Jeremiah might be fulfilled, the LORD stirred up the spirit of Cyrus king of Persia, that he made a proclamation throughout all his kingdom, and put it also in writing, saying,

It seems that a proclamation is a declaration but a declaration is not a proclamation unless done by someone of authority (such as kings and priests - Rev 1:6). I think either are a Biblical option.
MTKonig wrote: Sat Aug 18, 2018 8:53 pm hasn't our "king" already achieved the victory? isn't he the "king of kings", and the one who has already judged the world with righteousness, and the people with equity?
His equity is not the same as the system's equity, by a longshot.
MTKonig wrote: Sat Aug 18, 2018 8:53 pm Isn't it time to put down the "sword" and return to the plowshares, tending the new 'garden' in paradise restored?
No. The sword is the Word of God (Eph 6:17) that should never be put down, but rather declared with all our might.
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