1 Cox v. Highley, 100 Pa. 249, 252 (1882). See also 1 Chitty, Pr. 832; Bigelow, Torts, 9; Cooley, Torts. 2 Clark v. Edgar, 12 Mo. Ap. 352 (1882). treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they apply.6 This embraces the statute and common law of a State, including statutes relating to the law of evidence in civil cases at common law. In criminal cases the laws of the State in existence in September 24, 1789, are the rules of decision.8 See Abbott, Law Dict.; 26 Moak, 449; 55 Vt. 582. 2 [Houston v. Williams, 13 Cal. 27 (1859), Field, J. • Commonwealth v. Anthes, 5 Gray, 253 (1855). See 43 Md. 629; 16 Moak, 86. Hauenstein v. Lynham, 100 U. S. 490 (1879); TradeMark Cases, ib. 96 (1879); Wright v. Nagle, 101 id. 796 (1879); State v. Baughman, 38 Ohio St. 459 (1882); 10 Oreg. 114. • Swift v. Tyson, 16 Pet. 18 (1842), Story, J.; Nat. Bank of the Republic v. Brooklyn City, &c. R. Co., 102 U. S. 3 Arthur v. Wheeler & Wilson Manuf. Co., 12 Mo. 29 (1880); 1 Bl. Com. 69. Ар. 340 (1882). • David v. Park, 103 Mass. 502 (1870), cases; Watson v. Atwood, 25 Conn. 320 (1856). R. S. § 721: Act 24 Sept. 1789, § 34. * M'Niel v. Holbrook, 12 Pet. *89 (1838). • United States v. Reid, 12 How. 361 (1851). it being, indeed, only an amplification of the original writ (q. v.) upon which his action is founded, with the additional circumstances of time and place when and where the injury was committed.¹ A declaration contains a succinct statement of the plaintiff's case, and generally comprises the following parts: (1) The title and the date - the court, day and year, term, and number of the case; (2) the venue State and county; (3) the commencement - A B, by his attorney or in person, complains of C D, for that, heretofore, etc.; (4) the body-which consists of: (a) the inducement (q. v.) - introductory matter; (b) the averments - allegations of performance of precedents by the plaintiff; (c) the counts - statements of injuries by the defendant; (5) the conclusion - "to the damage of plaintiff - dollars; and thereupon (or wherefore) he brings suit.2 See further AMENDMENT, 1; CONSOLIDATE, Actions; COUNT, 4; CURE, 2; DAMAGES, General; DESCRIPTION, 4; PLEADING; SUIT, 1. Declaratory. Rendering clear what was before obscure: giving a clear statement; making certain what might remain in doubt; explanatory; elucidatory: as, a declaratory covenant, act, statute, law. The "declaratory part of the law" is that portion whereby the rights to be observed and the wrongs to be eschewed are clearly defined and laid down.3 A "statute declaratory" of the common law states what that law is, as where a custom has almost fallen into disuse or become disputable.4 A declaratory statute removes uncertainty as to the rule of law when decisions or prior enactments conflict. It may elucidate existing common or statute law. Magna Charta was for the most part declaratory of the principal grounds of the fundamental laws of England. A large portion of our modern codes is but declaratory of the common law as expounded by the courts. Statutes declaratory of the meaning of former acts are not uncommon. By the courts they are regarded with respect, as expressive of the legislative opinion, and, so far as they can act upon subsequent transactions, they are of binding force. But they cannot operate to disturb rights acquired before their enactment, or to impose penalties for lawful acts done before their passage. The construction of an existing statute is a judicial function." See DECLARE. 13 Bl. Com. 293; 5 Johns. 435. 2 See 1 Chitty, Pl. 356; 7 Ark. 282; 12 Wend. 10. 1 Bl. Com. 54. 41 Bl. Com. 86. 1 Bl. Com. 127. • Cincinnati City v. Morgan, 3 Wall. 293 (1865). *Stockdale v. Atlantic Ins. Co., 20 Wall. 340 (1873); Koshkonong v. Burton, 104 U. S. 678 (1881); Salters v. Tobias, 3 Paige, 344 (1832). Declare. To announce clearly as fact or truth. 1. To aver, affirm, allege in express terms: as, to declare a person innocent or guilty. 2. To announce, pronounce, decide: as, to declare a contract illegal or void, or a statute unconstitutional. 3. To state or set forth as a cause of action. 4. To proclaim as due: as to declare a dividend, q. v. "In no part of the application did the assured promise that he would not practice any pernicious habit. He declared' that he would not. To 'declare' is to state, assert, publish, utter, announce, announce clearly some opinion or resolution; while to 'promise' is to agree, 'pledge one's self, engage, assure or make sure, pledge by contract.' The assured declared, as a matter of intention, that he would not practice any pernicious habit. Was this declaration of future intention false? There is no allegation, much less proof, that it was so. The assured might well have intended to adhere to his declaration in the most perfect good faith, and yet in a moment of temptation have been overcome by this insidious enemy "2 - intoxicating liquor, from the use of which the assured was attacked with delirium tremens and died. "Declare and affirm" may be equivalent to promise and affirm. For a judge to "declare the law," is for him to charge the law arising upon the evidence. 5. To determine what shall constitute; to define. Declaring that a certain act shall constitute an offense, is "defining" that offense. Declarant. 1. One who states a thing as a fact; he who asserts a thing for the truth. 2. One who avers the truth of a matter as the basis of a cause of action. See DECLARATION, 2. “Decoy letters" are, ordinarily, letters prepared and mailed for the purpose of detecting criminals. It is no objection to a conviction upon evidence produced by means of a decoy letter that the prohibited act was discovered by such a letter addressed to a person who had no actual existence. There is a class of cases in respect to larceny and robbery in which it is held that when one person procures, or originally induces, the commission of the act the doer cannot be convicted - because the taking was not against the will of the owner. Many frauds upon the postal, L. declarare, to make clear. 2 Knecht v. Mutual Life Ins. Co., 90 Pa. 121 (1879), Paxson, J. • Bassett v. Denn, 17 N. J. L. 433 (1840). Crabtree v. State, 1 Lea, 270 (1878). United States v. Arjona, 120 U. S. 488 (1887). (21)