The first pleading in the declaration (or count4) is the formal statement on the part of the plaintiff of his cause of action.

"The province of the declaration is to exhibit, upon the records, the grounds of the plaintiff's cause of action, as well for the purpose of notifying the defendant of the precise character of those grounds, as of regulating his own proofs. When it performs such office, in such manner as to leave no doubt on the mind of the defendant, either as to the nature or origin of the plaintiff's claim, it ought not, on principle, to be adjudged bad." 5

A declaration contains either six or seven parts, according to the nature of the suit.

(a) The caption, which designates the court.

(b) The title. This contains the names of the parties and the nature of the suit.

4This name is now practically obsolete.

5 Cook vs. Scott, 1 Gilm. (III.), 333, 340.

(c) The inducement. This is used in trespass on the case, and shows the relation between the parties on which the duty violated is claimed to rest.6

(d) The charge. This is a positive allegation of the facts constituting the injury.

(e) The injury and ad damnum clause. This is added after the allegation of the charge. Special damages must be specially alleged.

(f) Production of suit. This generally consists of the words, "and therefore he brings his suit."

(g) Signature. Either by party or counsel.