DECLARATION. In Pleading. A specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chitty, Plead. 248; Coke, Litt. 17 a, 303 a; Bacon, Abr. Pleas (B); Comyns, Dig. Pleader, C 7; Lawes, Plead. 35; Stephen, Plead. 36; 6 Serg. & R. Penn. 28.
In real actions, it is most properly called the count; in a personal one, the declaration. Stephen, Plead. 36; Doctrine Pine. 83; Lewes, Plead: 33. See Fitzherhert, Nat. Brev. 16 a, 60 d. The lat ter, however, is now the general term,—being that commonly used when referring to real and personal actions without distinction. 3 Bouvier, Inst. n. 2815.
In an action at law, the declaration answers to the bill iu chancery, the lite] (narratio) of the °Wi nans, and the allegation of the ecclesiastical courts.
2. It may be general or special: for exam ple, in debt on a bond, a declaration counting on the penal part only is general; one which sets out both the bond and the condition and assigns the breach is special. Gould, Plead. c. 4, 50.
3. The parts of a declaration are the title of the court and term ; the venue, see VENUE"; the commencement, which contains a state ment of the names of the parties and the character in which they appear, whether in their own right, the right of another, in a political capacity, etc., the mode in which the defendant has been brought into court, and a brief recital of the form of action to be proceeded in, 1 Saund. 318, n. 3, 111; 6 Term, 130; the statement of the cause of ac tion, which varies with the facts of the case and the nature of the action to be brought, and which may be made by means of one or of several counts, 3 Wils. 185; 2 Bay, So..C.
206, see COUNT ; the conclusion, which in per sonal and mixed actions should be to the damage (ad damnum, which title see) of the plaintiff, Comyns,, Dig. Pleader (C 84)'; 10 Coke, 116 b, 117 a;. 1 Maule & S. 23ti, un less in scire facias and in penal actions at the suit of a. common informer, but which need not repeat the capacity of the plaintiff, 5 Binn. Penn. 16, 21 •' the profert of letters testamentary in case of a suifliy an executor or administrator, Bacon, Abr. Executor (C);
Dougl.. 5, n. ; 1 Day, Conn. 305 ; and the pledges of prosecution, which are generally disused, and, when found, are only the ficti tious persons John Doe and Richard Roe.
4. The requisites or qualities of a declara tion are that it must correspond with the process; and a variance in this respect was formerly the subject of a plea in abatement, ABATEMENT; it must contain a statement of all the facts necessary in point of law to sustain the action,,and no more. Coke, Litt. 303 a; Plowd. 84, 122. See 2 Mass. 363; Cowp.,682; 6 East, 422; 5 Term, 623 ; Viner, 'Abr. Declaration.
5. The circumstances must be stated with certainty and truth as to parties, 3 Caines, N. Y. 170; 1 Penn. St.. 75; 10 Serg.. & R. Penn. 267; 6 Rich. So. C. 390; 8 Tex. 109; 4 Munf. Va. 430; 6 id. 219 ; 1 Wash. C. C. 372 ; time of occurrence, and in personal ac tions it must, in general, state a time when every material or traversable fact happened, 36 N. H. 252 ; 3 Ind. 484; 3 Zabr. N. J. 309 ; 3 McLean, C. C. 96; see 15 Barb. N. Y. 550 ; and when a venue is necessary, time must also be mentioned, 5 Term, 620; Comyns, Dig. Pleader (C 19); Plowd. 24;. 14 East, 390 ; 5 Barb. N. Y. 375 ;, 4 Den. N. Y. 80, though the precise time is not material, 2 Dall. Penn. 346; 3 Johns. N. Y. 43 ; 13 id. 253; 25 Ala. N. s. 469, unless it constitute a material part of the contract declared upon, or where the date, etc. of a written contract or record is averred, 4 Term, 590; 10 Mod. 313 ; 2 Campb. 307, 308, n. ; 36 N. H. 252 ; 3 Zabr. N. J. 309; or in ejectment, in which the de mise must be stated to have been made after -the title of the lessor of the plaintiff and his right of entry accrued, 2 East, 257 ; 1 Johns. Cas. N. Y. 283 ; the place, see VENUE; and, generally, as to particulars of the demand, to enable the defendant to ascertain precisely the plaintiff's claim. 13 East, 102; 7 Taunt. 642; F. Moore, 467 ; 2 Bos. & P. 265; 2 Saund. 74 b; 12 Ala. N. s. 567 ' • 2 Barb. N. Y. 643; 35 N. H. 530; 32 Miss. 17; 1 Rich. So. C. 493.