DEC 
the venue, if required, and not to infift rigidly ¢ on — | 
the bets which practice began in the reign of James I 
n is power is difcretionally ale fo as to prevent 
and fie . caufe a defect of juttic 
ange the venue to any © 
as a (efpecially of a narrow and limited recs 
a fuggeftion, duly fupported, Nik a fair and impartial 
tal cannot be had eer (Stra. 
ey it is eth ‘ly ufual to fet forth 
fects cafes by different. counts in the fame declaration; fo 
that if the ras fails in the proof of the one, he may fuc- 
ceed in ano e regen a cafe laid in one of 
his counts, thotgh b he ail in jae re all recover pro- 
ma 
eae is now 
aa 3 and hath been ale difufed, ‘: ise ever fince 
the rei cign of Edward III., though the form of it ftill con- 
tinu 
At ‘the end of the declatation are added the plaintiff’s 
common pledges of profecution, John Doe and Richard 
tion, or had a verdi&t and judgment egaink him. ( if. 
275. 4Intt. 189.) For if the plaintiff en ae to cutee: a 
declaresion for two terms after the defendant appears, or is 
guilty of Other delays or defaults againft the rules of law, 
in any fubfequent ftage of the action, he is adjudged ‘ not 
to follow” or purfue his remedy, as he ought to do; and 
thereupon a non/wit or non Hes uitur is ened and he is 
faid to be nonpros’d. r thus rie his complain nt, 
after making a falfe cai or complain ro falfo — 
s to me adendane, but is 1 
Whea the plaintiff hath ing his cafe in the declaration, 
it is incumbent on the defendant within a reafcnable time to 
oa his cae (fee cee and to put in a plea (ee 
3 elfe aguas will at once recover judgment py 
default, or nib dee F the bas aan Black. Com. b. i 
“In all notices of declarat ons, the ae fhould be proeely 
named, as well as the h the fuit is inftituted ; 
and the nature of the ation is a to be expreffed, and at 
whofe fuit profecuted; and the time limited to plead to 
fuch declaration. .T. 1 Geo. Il. 
a fling declarations, copies of them are ferved on the 
defendants, or their aftornics, as A an order of all 
s (12 .) the plaintiff’s attorney is not 
obi ad a “deliver the defendane 8 attorney the original de- 
claration ; but inftead of it, is to de 
declaration ; 3 upon deli 
ant’s attorney fhall pay for fuch copy after the rate of 4d. p 
fheet, &c. ; and if any perfon refufe to pay for the copy a 
dered, the {aid copy is to be left in the office, with the clerk 
tha keep s the files of declarations, and thereupon the 
ration. See alfo Trin. 2 
rules of court as to the filing and delivering of declarations, 
&c. which may be found in the feveral books o 
Jacob's Law Did. by Tomilins, art. Declaration, 
DEC 
cea oder Ele is = for a papa ae which 
the quakers, 
foreign prince, ot power, has any right, jurif- 
a or authority, in this kingdom. 
is alfo a declaration againft tranfubftantiation made 
and fubfeibed by thofe who qualify for offices ; 25 Car. 
II. c. 2. and a decla ae ane popery to be made and 
fabledibe db the members of both houfes of puianeat ey 
diffenters qualified aes to the toleration a c 
in which they renounce tra a easy the eee 
tion of faints and of the Virgin Mary, a crific 
the mafs, and every kind of evafion, and mental selsalions 
as well as difpenfation or abfolution. 30 Car. IL. ftat. 2. 
c. I. 
DecraraAtion of War, a public proclamation made by 
the herald at arms, to the members or fubjeéts of a fate, 
declaring them to be at war with any foreign prince, and 
eis all o them to affift the common enemy at their 
" celeasins. — of the. a Cuerk. 
DECLARATORY part of a ad is lat by which 
the rights to be vblerees and the wrongs to be avoided, 
are clearly defined and laid down. This depends not fo 
much on the Jaw of revelation or of nature, as on the wif 
dom a 
a 
ai ure co seein to dley hee ani te 
owner himfelf fhall mnt +r 2a that amounts to a fors 
feiture. ae do divine or natural duties, fuch as the 
worfhip of God, the maintenance of children, &c. receive 
any ftronger fan@tion from beirg alfo declared to be duties 
by the law of the land. The cafe is the fame with regar 
t d i 
as ial 
orce or operation at all, with regard to aétions that are na- 
urally or intrinfically right or wrong. But the cafe is 
legiflator fees proper, for promoting the weifare of focicty, 
and more effeétually carrying on the purpofes of civil life. 
Such are the declarations of common law, that the goods of 
the wife do inftantly upon marriage become the property 
and right of the hufband; and the declaration of our ftatute 
Thus alfo 
eli ; but 
thofe Gen thall be, and in what cir renee, | cS 
what degrees they fhall be obeyed, it is the province of hu- 
man laws to determine ; and fo, as to injuries or crimes, it 
muft be left to our own legiflature to decide, in which cafes 
the feizing of. another’s cattle fhall amount to a trefpafs or a 
theft ; and where it fhall be a juftifiable ation, as when a 
landlord them by way of diftrefs for rent. Blacki. 
ey 
om. vol. i: 
° 
io) 
_ 
o 
< 
ra) 
am 
fa) 
Os 
«a 
= 
art of a Statute, is that which relates to 
shin. or difputable cufoms; in which cafe the amerie 
