Page:The New International Encyclopædia 1st ed. v. 06.djvu/58

DECLAMATION. DECLAMATION (Fr. diclamation, Lat. di'claiiiutiv, ckclanialioii, from declamare, to de- claim, Irum dc, clown + clamure, to shout). The art ot speaking according to rules, whereby the sense of the words, as well as the feeling and sentiment, is naturally and cluiraeteristieally represented. Kecitation, therefore, whether spoken or sung, is subject to the laws of declama- tion, from which it derives its value and signifi- cance. Perfect declamation implies correctness of speech, distinctness and clearness ot enuncia- tion, and a well-toned voice. Declamation is therefore clearly of a musical nature. Declama- tion in music, however, differs from the declama- tion of speaking in that the singer must adhere to what the composer has written. The com- poser fi.xes the whole of the intonation, modula- tion, and phrasing, and also the tempi and ex- pression, and not infrequently sacrifices the cor- rectness of the declamation to the charm of some peculiar melodic plnase or pleasing rhythm, or a vocal musical embellishment. The truth and beauty of correct musical declamation are al- ways endangered by a translation of the original words into another language, a work which, with the greatest care and ability, it is in many eases almost impossible to accomplish word for word, or syllable for syllable, so as to fit accurately to the accent of the music. The master -works of many great composers thus sulTer much from careless translation. ■ In earlier times attempts were made to establish declamation as a science. The .ancients had a kind of note, or sign of in- tonation, which the}' placed over or under the words, possibly to decide whether the accent should be given by a high or by a low tone, and thus to regulate the modulation of the voice. That the theatrical declamation of the ancients resembled the musicil recitative of the present day is generally admitted. DECLARATION (OF., Lat. declaratio, from declarare, to make clear, from de + clarus, clear). In the criminal law of Scotland, the statement made by the prisoner before the exam- ining magistrates. It is the duty of the magis- trate to take this declaration immediately on the prisoner being brought before him. The magistrate must previously inform him that it is entirely at his own option to declare or not, but that if he chooses to do so, the declaration m.ay be used in evidence against him on his trial. The declaration ought to contain the name, age, and designation of the prisoner, the parish and county in which the crime is said to have l)een committed, and all similar p.articulars. When completed it must bo read over to the prisoner, who, if he is able to write, signs every page of it along with the magistrate. This practice of the Scotch committing magistrates is identical with that which obtains in Kngland and America, the term 'statement' being here employed for the prisoner's declaration. See Arraig.^ment: Con- fession; and consult the statutes of the various States regulating the examination of persons under arrest for crime. DECLARATION. Tinder the common-law jiractice, the first ])leading in an action, con- sisting of a sufTicient statement, in legal form, of all the material facts constituting the plaintiff's cause of action, together with a demand for re- lief. The facts alleged must be sufficient to give the plaintiff a right to recover if he estab- 44 DECLARATION. lislies them; otherwise the defendant may demur and get judgment in his favor. Originally, in Kngland, it applied only to personal actions, the first pleading in causes involving real property being called a count; but this distinction is no longer maintained in England or the United States. The declaration is made up of the following general parts, viz. the title, being the name of the court; the venue, or county in which the cause of action arose; the conimciiccincnl, con- taining the names of the parties and the capaci- ties in which the}- are joined in the action, to- gether with a statement that the defendant has been summoned; the body, a statement of the facts constituting the cause of action; and a cun- clusion, or formal demand for relief at the end. The body nuist conform to the particular common form which is adapted to the nature of the action, but the general characteristics remain the same. It corresponds to a com])laint in code practice, and a bill in equity or chancery, and statement of claim (q.v.) in England, See BiLi. IN Equity; Code; Common Forms; Forms OF Action ; Original Writ ; Pleading. DECLARATION, Dying. A statement as to the cause of his death, made by a person who has been physically injured at the hands of another, and who has given up all hope of re- covery and who does later die of that injury. Only such of his statements as he could have testified to if he had lived to go on the witness stand arc allowable. The substance of what was said by the dying person may be given by a wit- ness if he cannot remember the exact words. The reason given for allowing them is that the person injured is under ,a solemn sense of im- pending death and will have every reason for telling the exact truth as if he were under oath. As i-liese st.atcments must be repeated by one who was present and heard them, his character enters into the weight of the evidence, and it is for the jury to determine whether he repeats what was said accurately. The jury may also give such credence to the deceased's story as in their jidg- mcnt it deserves. It is for the court to rule in the first instance whether the statements are admissible as a dying declaration. They are only admissible in a case of the prosecution for the murder or ninnslaiighter of the person mak- ing them, and are one of the exceptions to the hearsay rule. See Evidence; He.rsay Rule. DECLARATION m- AFFIRMATION IN LIEU OF AN OATH. A s.ileinn statement in court or before a judicial or legislative body, by a witness, that he will tell the whole truth in such testimony as he may be called upon to give in the matter pending. Any one who objects to taking an oath, for religious or other reasons, may. in nearly all juris- dictions to-day. thus declare or affirm that he will tell the truth, but usually an oath is administered unless the witness objects. This practice was ado))ted generally because at com- mon law no witness who did not believe in a Supreme Being and who, therefore, had no sense of the obligation of an oath from that stand- point, was allowed to testify, which nile excluded much valuable testimony. Violation of such declaration or affirmation is legal perjury and the witness may be punished as if he had taken an oath. See Oatu,