| 词汇 | Declaration2 |
| 释义 | `1`Declaration2 `2` "Legal Lexicon": Fifth. The Several Counts. A declaration may consist of as many counts as the case requires, and the jury may assess entire or distinct damages on. all the counts and it is usual, particularly in actions of assumpsit, debt on simple contract, and actions on the case, to set forth the plaintiff's cause of action in various shapes in different counts, so that if the plaintiff fail in proof of one count, he may succeed in another. Sixth. The Conclusion. In personal and mixed actions the declaration should conclude to the damage of the plaintiff unless in scire facias and in penal actions at the suit of a common informer. Seventh. The Profert and Pledges. In an action at the suit of an executor or administrator, immediately after the conclusion to the damages, etc., and before the pledges, a profert of the letters testamentary or letters of administration should be made. At the end of the declaration, it is usual to add the plaintiff as common pledges to prosecute, John Doe and Richard Roe. A declaration may be general or special; for example, in debt or bond, a declaration counting on the penal part only, is general; when it sets out both the penalty and the condition, and assigns the breach, it is special. --b-- |
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