Encyclopædia Britannica, Ninth Edition/Declaration

DECLARATION in an action at law was the first step in pleading the formal statement of the matter in respect of which the defendant sued. It was divided into counts, in each of which a specific cause of action was alleged, but the language used was cautious and general, and the same matter might be the subject of several counts. By the simpler form of pleading established by the Judicature Act, 1873, the declaration is replaced by a statement of claim setting forth the simple facts on which the plaintiff replies. Statutory declaration. By 5 and 6 Will. IV. c. 62 (which was an Act to make provisions for the abolition of unnecessary oaths, and to repeal a previous Act of the same session on the same subject) various cases are specified in which a declaration shall be substituted for an affidavit on oath. There is a general clause empowering any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to the Act annexed ; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanour.