This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Act, (1766), declaration by the British Parliament that accompanied the repeal of the Stamp Act. It stated that the British Parliament's taxing authority was the same in America as in Great Britain.
The purpose of a declaratory relief action is to obtain clarity on a legal issue before any harm or damage has occurred. In a declaratory relief action, the plaintiff typically asks the court to make a declaration regarding the legal rights and obligations of the parties involved in a dispute.
The colonists ignored the Declaratory Act for the same reasons they ignored the Stamp Act, which the Declaratory Act helped repeal. They claimed their colonial assemblies were the only government bodies with the right to impose taxation and make laws.
The colonists protested until Britain canceled the Stamp Act in 1766. Nevertheless, Parliament insisted that it still held the power to tax the colonists. When it ended the Stamp Act, it passed the Declaratory Act. That law said that Parliament could tax the colonies “in all cases whatsoever.”
The British Parliament passed the law called the Stamp Act in 1765. The act said that people in the American colonies had to use a stamp on newspapers and legal documents. The colonists had to buy the stamp from the British government. The colonists protested the tax.
The Declaratory Act: This law said Parliament had the right to govern and tax the colonies. This law was enacted partly to save face, but mostly to clearly state the position of the British crown - the crown was the real government in the colonies, and that all colonists had to obey British laws.
An act for the better securing the dependency of his majesty's dominions in America upon the crown and parliament of Great Britain. This act was passed to assert the authority of the British government to tax its subjects in North America after it repealed the much-hated Stamp Act.
The Declaratory Act made clear that it had "full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever." In addition, the act stated that "all resolutions, votes, orders, and proceedings" ...
In the colonies, leaders had been glad when the Stamp Act was repealed, but the Declaratory Act was a new threat to their independence. It was 1766, and to most colonists, the ability of England to tax the colonies without giving them representation in Parliament was seen as disgraceful.
In October of 1765, delegates from 9 colonies met to issue petitions to the British Government denying Parliament's authority to tax the colonies. An American boycott of British goods, coupled with recession, also led British merchants to lobby for the act's repeal on pragmatic economic grounds.