Decimation

The punishment
of every tenth soldier by lot, was,
among the Romans, called decimation.

DEC I ME. A French coin, of the
value of a tenth part of a franc, or
nearly two cents.

DECISION, 'practice, is a judgment
given by a competent tribunal. The
French lawyers call the opinions which
they give on questions propounded to
them, decisions. Vide Inst. 1, 2,8;
Dig. 1 , 2, 2.

DECLARATION, pleading. A de-
claration is a specification, in a me-
thodical and logical form, of the cir-
cumstances which constitute the plain-
tiff’s cause of action. 1 Chit. PI. 248 ;
Co. Litf. 17, a, 303, a ; Bac. Abr.
Pleas, B ; Com. Dig. Pleader, C 7 ;
Lawes on PI. 35 ; Stepli. PI. 36 ; 6
Serg. & Rawlc, 28. In real actions,
it is most projicrly called the count;
in a personal one the declaration.
Steph. PI. 30; Doct. PI. 83; Lawes,
Plead. 33; see F. N. B. 16, a. 60, d.
The latter, however, is now the genera!
term; being that commonly used when
referring to real and personal actions
without distinction.

2. — The declaration in an action at
law answers to the hill in chancery,
the libel of the civilians, and the alle-
gation of the ecclesiastical courts.

3. — It may be considered with re-
ference, 1st, to those general requisites
or qualities which govern the whole
declaration; and, 2dly, to its form,
particular parts, and requisites.

4. — 1. The general requisites or
qualities of a declaration arc, firsts
that it correspond with the process.
But according to the present practice
of the courts, oyer of the writ cannot
be craved ; and a variance between the
writ and declaration cannot be pleaded
in abatement. 1 Sau. 318, a.

5. — Sccomlly , the second general
requisite of a declaration is, that it
contain a statement of all the facts
necessary in point of law, to sustain
the action, and no more. Co. Litt.
303, a ; Plowd. 84, 122. Sec 2 Mass.
363 ; Cowp. 682 ; 6 East, R. 422 ; 5
T. R. 623 ; Vin. Ab. Declarations.

6. — Thirdly , These circumstances
must be stated with certainty and
truth. The certainty necessary in a

DEG

DEC

417

declaration is, to a certain intent in
general, which should pervade the
whole declaration, and is particularly
required in setting forth, 1st, the parties;
it must bo stated with certainty who
are the parties to the suit, and there-
fore a declaration by or against “ C D
and Company,” not being a corporation
is insufficient. S’O Com. Dig. Pleader,
C 18; 1 Camp. II. 440; l T. R.508;

3 Gaines’s R. 170. 2dly, The time;
in personal actions the declaration
must in general state a time when
every material or traversable fact hap-
pened, and when a venue is necessary,
time must also be mentioned. 5 T. R.
030; Com. Dig. Plead. C 19; Plowd.
24; 14 East, R. 390. The precise
time, however, is not material, 2 Dali.
340; 3 Johns. R. 43; 13 Johns. It.
2 j3 ; unless it constitute a material
part of the contract declared upon, or
where the date, &c., of a written con-
tract or record is averred, 4 T. R.
590 ; 10 Mod. 313 ; 2 Camp. R. 307,
8, n. ; or, in ejectment, in which the
demise must be stated to have been
made after the title of the lessor of the
plaiutilf, and his right of entry accrued,
2 East, R. 257 ; 1 Johns. Cas. 283.
3dly, The place. See Venue . 4thly,
Other circumstances necessary to
miintain the action.

7. — 2. The parts and particular re-
quisites of a declaration arc, first, the
title of the court and term : see 1 Chit.