declarations

DECLARATIONS, evidence. The statements made by the parties to a transaction, 
in relation to the same. 
     2. These declarations when proved are received in evidence, for the 
purpose of illustrating the peculiar character and circumstances of the 
transaction. Declarations are admitted to be proved in a variety of cases. 
     3.-1. In cases of rape, the fact that the woman made declarations in 
relation to it, soon after the assault took place, is evidence; but the 
particulars of what she said cannot be heard. 2 Stark; N. P. C. 242; S. C. 3 
E. C. L. R. 344. But it is to be observed that these declarations can be 
used only to corroborate her testimony, and cannot be received as 
independent evidence; where, therefore, the prosecutrix, died, these 
declarations could not be received. 9 C. & P. 420; S. C. 38 Eng. C. L. R. 
173; 9 C. & P. 471; S. C. 38 E. C. L. It. 188. 
     4.-2. 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. 2 
Stark. Ev. 235 2 Russ. on Cr. 572 Rosc. Cr. Ev. 324; 1 Breese, Rep. 269. 
     5. 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. 4. S. R. 321. 
     6.-3. To prove a pedigree, the declarations of a deceased member of 
the family are admissible. Vide Hearsay, and the cases there cited. 
     7.-4. The dying declarations of a man 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. The declarations of a boy between ten and eleven years 
of age, made under a consciousness of approaching death, were received in 
evidence on the trial of a person for killing him, as being declarations in 
articulo mortis. 9 C. & P. 395; S. C. 38 E. C. L. R. 168. Evidence of such 
declarations is admissible only when the death of the deceased is the 
subject of the charge, and the circumstances of the death the subject of the 
dying declarations. 2 B. & C. 605; S. C. 9 E. C. L. R. 196; 2 B. & C. 608; 
S. C. 9 E. C. L. R. 198; 1 John. Rep. 159; 15 John. R. 286; 7 John. R. 95 
But see contra, 2 Car. Law Repos. 102. Vide Death bed, or Dying 
declarations. 3 Bouv. Inst. n. 3071.