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The statements made by the parties to a transaction in relation to the same.
These declarations, when proved, are received in evidence for the purpose of illustrating the peculiar character and circumstances of the transaction. Declarations are admitted in a variety of cases.
In cases of rape, the fact that the woman made declarations in relation to it soon after the assault took place is evidence. But these declarations can be used only to corroborate her testimony; not as independent evidence. Therefore, where the prosecutrix died, these declarations could not be received.
When more than one person is concerned in the commission of a crime, as in cases of riots, conspiracies, and the like, the declarations of either of the parties, made while acting in the common design, are evidence against the whole; but the declarations of one of the rioters or conspirators, made after the accomplishment of their object, and when they no longer acted together, are evidence only against the party making them.
In civil cases, the declarations of an agent made while acting for his principal, are admitted in evidence as explanatory of his acts; but his confessions after he has ceased to act are not evidence.
To prove a pedigree, the declarations of a deceased member of the family are admissible.
The dying declarations of someone who has received a mortal injury, as to the fact itself and the party by whom it was committed, are good evidence; but the party making them must be under a full consciousness of approaching death.
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