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 ?
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.
On the contrary, that same assembly which issued the Declaration of Independence, instead of continuing to act in the name and by the authority of the good people of the United States, had, immediately after the appointment of the committee to prepare the Declaration, appointed another committee, of one member from each colony, to prepare and digest the form of confederation to be entered into between the colonies.
That committee reported on the twelfth of July, eight days after the Declaration of Independence had been issued, a draft of articles of confederation between the colonies.
Villefort, for a declaration to be available, should be made before the competent authorities.
Indeed, she saw nothing in him that looked like a being to excite or to entertain such a passion; and although from the moment of his declaration she began insensibly to think differently of him, nothing was farther from her mind than to return his offered affection.
how seductive to a female ear is the first declaration of an attachment, especially when urged by youth and merit
Let this general declaration serve for each of my suitors on his own account, and let it be understood from this time forth that if anyone dies for me it is not of jealousy or misery he dies, for she who loves no one can give no cause for jealousy to any, and candour is not to be confounded with scorn.
Some- those wounded by the irresistible shafts launched by her bright eyes- made as though they would follow her, heedless of the frank declaration they had heard; seeing which, and deeming this a fitting occasion for the exercise of his chivalry in aid of distressed damsels, Don Quixote, laying his hand on the hilt of his sword, exclaimed in a loud and distinct voice:
On the 4th of July, 1776, Congress had signed the Declaration of Independence.
And, Grandfather, I love to think that the sages in Congress showed themselves as bold and true as the soldiers in the field; for it must have required more courage to sign the Declaration of Independence than to fight the enemy in battle.
Though the declaration of my love urged and trembled on my tongue a thousand times, I knew that it was no time for such a declaration.

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