Declarations


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Related to Declarations: Declaration of Independence

DECLARATIONS, evidence. 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.

References in classic literature ?
It was matured and continued by the Declaration of Independence in 1776.
According to the former, letters of marque could be granted by the States after a declaration of war; according to the latter, these licenses must be obtained, as well during war as previous to its declaration, from the government of the United States.
Fortunately, both Julia and her mother were too much engaged to perceive the tears that rolled down the cheeks of the poor stranger, as she read the honest declaration of a fervid and manly love, nor did either detect the manner in which the letter was pressed to Mademoiselle Hennequin's heart, when she had done reading it the second time.
It would be difficult to say which had seen highest perfection in the other, or which had been the happiest: she, in receiving his declarations and proposals, or he in having them accepted.
The officer who took him in hand, and who had a large straw hat and a diamond breastpin, was quite a man of the world, and in reply to the Count's formal declarations only said, "Well, I guess it's all right; I guess I'll just pass you," distributing chalk-marks as if they had been so many love-pats.
There was happily enough to say, on so consecrated a spot, that could be said freely and fairly; so that a whole train of declarations was precipitated by his friend's having herself broken out, after a yearning look round: "But I hope you don't mean they want you to pull THIS to pieces
Whatever might have been felt before her arrival, her eager declarations immediately made every look and sentence as friendly as she could desire.
There must also be another, before whom all private contracts and sentences of courts should be enrolled, as well as proceedings and declarations.
And besides, to come forward and tell everything about himself must include declarations about Bulstrode which would darken the suspicions of others against him.
Of all the ingenuous declarations I have ever heard, this one copped the proverbial bun.
I told her plainly that the head had been placed under the care of the police, and that the manager and I had signed our declarations and given our evidence.
No matter what foolish declarations people make about money, they one and all, if they live in Paris, must grovel before accounts, do homage to figures, and kiss the forked hoof of the golden calf.

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