DESCRIPTION. An account of the acci dents and qualities of a thing. Ayliffe, Pand. 60.
A written accnunt of the state and condi tion of personal property, titles, papers, and the like. It is a kind of inventory, but is more particular in ascertaining the exact condition of the property, and is without any appraisement of it.
In Pleading. One of the rules which regu late the law of variance is that allegations of matter of essential description should be proved as laid. It is impossible to explain with precision the meaning of these words ; and the only practical mode of understand ing the extent of the rule is to examine some of the leading decisions on the subject, and then to apply the reasoning or ruling contain ed therein to other analogous cases. With respect to criminal it is clearly estab lished that the name or nature of the prop erty stolen or- damaged is matter of essen tial description. Thus, for example, if the
charge is one of firing a stack of hay, and it turns out to have been a stack of wheat, or if a man is accused of stealing a drake, and it is proved to have been a goose, or even a duck, the variance is fatal. 1 Tayl. Ev. § 233 ; Steph. Cr. Proc. 177.
The strict rule of pleading which former ly required exact accuracy in the description of premises sought to be recovered, has been relaxed, and a general description held to be good. The provisions of state statutes as to the description of the premises by metes and bounds have been held to be only direc tory, and a description by name where the property is well known is often sufficient ; Glacier Mountain Silver Min. Co. v. Willis, 127 U. S. 480, 8 Sup. Ct. 1217, 32 L. Ed. 172.
See BOUNDARY.