DECLARATIONS

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  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.