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SYSTEM OF PLEADING:

COMPREHENDING THE MOST

APPROVED PRECEDENTS and FORMS of PRACTICE;

CHIEFLY CONSISTING OF

· SUCH AS HAVE NEVER BEFORE BEEN PRINTED:

968

WITH AN

INDEX to the PRINCIPAL WORK,

INCORPORATING AND MAKING IT A CONTINUATION OF

TOWNSHEND's and CORNWALL'S TABLES,

TO THE PRESENT TIME;

Robtimark

AS WELL AS AN

INDEX of REFERENCE to all the ANCIENT and
MODERN ENTRIES extant.

By JOHN WENTWORTH, Efq.

OF THE INNER TEMPLE, BARRISTER AT LAW.

Ne que Studio difpofta fideli

Intellecta priufquam fint contempta relinquas. LUCRET.

VOL. I.

CONTAINING

ASATEMENT.-ACCOUNT.-ASSUMPSIT.

LONDON:

PRINTED FOR G. G. AND J. ROBINSON, PATERNOSTER-ROW.

1797.

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AFTER fucceffive

ER fucceffive interruptions and difappointments for eighteen months, fince this work was first announced, I am now able to prefent to the Profeffion the First Volume of my SYSTEM OF PLEADING in Octavo, which, pursuing my favourite plan, contains ABATEMENT, ACCOUNT, and part of ASSUMPSIT; together with the particular ANALYSIS of the Pleas in Abatement and of the Action of Account, as I intend at the end of every complete Head or Heads, when completed in each fucceeding volume. These I name the HEADS, or LEADING TITLES; for the Heads of Proceedings by and against Attornies, &c. are fubdivifions arising out of the General Heads.

THE next Head in the plan, namely, ANNUITY, may feem to be an exception; but this Head, by reference to the INDEX, will be observed to be poftponed to the Pleadings under the Head Writ of Annuity-Proceedings in, in 1 order to connect the old Proceedings, fuch as Writ of Annuity, Writ of Right, &c.: Yet ANNUITY will pre( serve its former place if it follows Perfonal and Mixed Actions, and immediately precede Writs of Right, &c. which are Real Actions, without injury to the ANALYSIS.

IN the Pleas of ABATEMENT, confidering it a very important Plca, I have thought proper to give the utmost variety, notwithstanding I know there are A 2

many

many in the Books; I mean the Ancient Entries chiefly; for I have not found fo many in Books of Precedents of later date. And if the finifhed Pleader and experienced Profeffor fhould think the Forms too fimilar or multifarious, ftill, by narrowly inspecting them, differences will be difcovered in each both useful and inftructive to the unexperienced Practitioner. Keeping in view the practical ufe of my Work, I have promised and do mean to give the greateft poffible variety of Precedents and Forms in Pleadings.

IN ACCOUNT I have given few Forms of Pleadings, neceffarily from the difufe of this (though a moft beneficial) Action: there are, however, more in the present volume than in any other Book extant, with complete references to all the Modern and Ancient Entries.

BUT on the more important Action of ASSUMPSIT, in every day's conftant ufe, I have beftowed more pains at leaft than any other Gentleman in practice in the Profeffion has leifure to do. And I wish it to be confidered, that without attending to the distinctions between Affumpfit General and Special, I have adopted a mode which I think the moft ufeful; that is, throughout this Action I have claffed fuch as I think bear a relation to each other: for inftance, in the Second Volume, in Affumpfit-Special Contracts, refpecting real property, by and against Landlord and Tenant, I have taken care to give the Precedents immediately afterwards on Contracts relating to Perfonal property, namely, the Sale, Affignment, Demife, &c. of Lands, iloufes, &c. becaufe they have relation to each other; and fo in like manner on Contracts relating to Sale, &c. Carriage and Conveyance of Goods, &c. I have given thofe against Carriers by Land and Water, &c. &c. as they refpect the doctrine of Bailments, &c.; an

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arrangement which I have ftudiously adopted, that the Student and Pleader may with his eye immediately catch the fubject and form together, In the alphabetical manner in which the majority of Pleaders arrange their Pleadings, I have feldom seen this analytical order relating to the Subject.

THIS order, however, may not seem to be observed in the Divifion preceding, viz. Affumpfit General: but I have adopted what I cannot help thinking a more truly ufeful mode there. For inftance, in Actions by and against particular Perfons, the moft general fubdivifion of that DIVISION on the right page of the sheet, I have conftantly led the eye at the top to the fubject-matter or title (if I may call it fo) of the PRECEDENT,

THE reason why I have not critically diftinguished the Precedents in Indebitatus Affumpfit from iffumpfit Special, is, because I do not think it fo well defined or determined in the Books; but chiefly, because I think my method 'the most natural and eafy for the Profeffor and the Student. I will give one inftance; In my Work, under this Head, it is folemnly determined that ASSUMPSIT will not lie for a legacy, which if it did, would be Indebitatus Affumpfit; but Affumpfit Special will lie on the promise by the Executor; and yet the Precedents are in the fame form. I have given two Forms with the leading Cafes, and referred to the very able Arguments of Mr. Juftice BULLER and my Lord KENYON. The Profeffion will beft judge of the usefulness of them,

I HAVE, however, violated the method in one inftance, namely, Policies of Affurance, which are Contracts of Indemnity, and would more naturally fall under that fubdivision; but, never departing from real utility for a fastidiA 3

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