TO DECEIVE. To induce another either by words or actions, to take that for true which is not so. Wolff, Inst. Nat. 356.
DECEM TALES, practice. In the English law this is a writ1 which gives to the sheriff apponere decem tales; i. e. to appoint ten such men for the supply of jurymen, when a sufficient number do not appear to make up a full jury.
DECENNARY, Eng. law. A town or tithing, consisting originally of ten families of freeholders. Ten tithings composed a hundred. 1 Bl. Com. 114.
DECIES TANTUM, Eng. law. The name of an obsolete2 writ which formerly3 lay against a juror who had taken money for giving his verdict; called so, because it was sued out to recover from him ten times as much as he took.
DECMATION. The punishment of every tenth soldier by lot, was, among the Romans, called decimation.
DECIME. A French coin, of the value of a tenth part of a franc, or nearly two cents.
DECISION, practice. A judgment4 given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded5 to them, decisions. Vide Inst. 1, 2, 8 Dig. 1, 2, 2.
DECLARANT. One who makes a declaration. Vide Declarationis.
DECLARATION, pleading. A declaration is a specification6, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. 1 Chit. Pl. 248; Co. Litt. 17, a, 303, a; Bac. Abr. Pleas, B; Com. Dig. Pleader, C 7; Lawes on Pl. 35; Steph Pl. 36; 6 Serg. Rawle, 28. In real actions, it is most properly called the count; in a personal one, the declaration. Steph. Pl. 36 Doct. Pl. 83; Lawes, Plead. 33; see P. N. B. 16, a, 60, d. The latter, however, is now the general term; being that commonly used when referring to real and personal actions without distinction. 3 Bouv. Inst. n. 2815.
2. The declaration in an action at law answers to the bill in chancery, the libel of the civilians7, and the allegation of the ecclesiastical courts.
3. It may be considered with reference, 1st. To those general requisites9 or qualities which govern the whole declaration; and 2d. To its form, particular parts, and requisites.
4. - 1. The general requisites or quali- ties of a declaration are first, that it correspond with the process. But, according to the present practice of the courts, oyer of the writ cannot be craved10; and a variance11 between the writ and declaration cannot be pleaded in abatement12. 1 Saund. 318; a.
5. - Secondly13. The second general requisite8 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. See 2 Mass. 863; 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 declaration is, to a certain intent in general, which should pervade14 the whole declaration, and is particularly required in setting forth15, 1st. The parties; it must be stated with certainty who are the parties to the suit, and therefore a declaration by or against C D and Company, not being a corporation, is insufficient16. See Com. Dig. Pleader, C I 8 1 Camp. R. 446 I T. R. 508; 3 Caines, R. 170. 2d. The time; in personal actions the declaration must, in general, state a time when every material or traversable fact happened; and when a venue17 is necessary, time must also, be mentioned. 5 T. R. 620; Com. Dig. Plead. C 19; Plowd. 24; 14 East, R. 390.; The precise time, however, is not material; 2 Dall. 346; 3 Johns. R. 43; 13 Johns. R. 253; unless it constitutes a material part of the contract declared upon, or whlere the date, c., of a written contract or record, is averred18; 4 T. R. 590 10 Mod. 313 2 Camp. R. 307, 8, n.; or, in ejectment, in which the demise19 must be stated to have been made after the title of the lessor of the plaintiff, and his right of entry, accrued20. 2 East, R. 257; 1 Johns. Cas. 283. 3d. The Place. See Venue. 4th. Other circumstances necessary to maintain the action.
7. - 2. The parts and particular requisites of a declaration are, first, the title of the court and term. See 1 Chit. Pl. 261, et seq.
8. - Secondly. The venue. Immediately after the title of the declaration follows the statement in the margin21 of the venue, or county in which the facts are alleged22 to have occurred, and in which the cause is tried. See Venue.
9. - Thirdly. The commencement. What is termed the commencement of the declaration follows the venue in the margin, and precedes the more circumstantial statement of the cause of action. It contains a statement, 1st. Of the names of the parties to the suit, and if they sue or be sued in another right, or in a political capacity, of the character or right in respect of which they are parties to the suit. 2d. Of the mode in which the defendant23 has been brought into court; and, 3d. A brief recital24 of the form of action to be proceeded in. 1 Saund. 318, Id. 111, 112; 6 T. R. 130.
10. Fourthly. The statement of the cause h. t.; Arch. Civ. Pl. -index, h. t.; Steph. Pl. h. t.; Grab. Pr. h. t.; Com. Dig. Pleader, h. t.; Dane's Ab. h. t.; United States Dig. Pleadings ii.
