To solemnly assert a fact before witnesses, e. p., where a testator declares a paper signed by him to be his last will and testament. Lane v. Lane, 95 N. T. 498.
This also is one of the words customarily used in the promise given by a person who is affirmed as a witness, “sincerely and truly declare and affirm.” Hence, to make a positive and solemn asseveration. Bassett v. Denn, 17 N. J. Law, 433.
With reference to pleadings, it means to draw up, serve, and file a declaration; e. p., a “rule to declare.” Also to allege in a declaration as a ground or cause of action; as “he declares upon a promissory note.”