HIS Volume contains the remainder of DE-
CLARATIONS IN ASSUMPSIT, not reducible to any distinct
Head. The Pleas, Replications, Rejoinders, &c. in
Affumpfit, and an INDEX complete to the Pleas, Repli-
tions, &c. in Affumpfit only, and part of COVENANT.
The Index to the Declarations under every Head in
Affumpfit is already fubjoined to the Second Volume,
and an Index to the Pleadings under the Head of
Covenant will be given at the End of Covenant, which
I was not able to accomplish in this Volume.
In the former part of the prefent Volume, there
may appear to the critical Reader to be Precedents
which could have been ranged under proper and dif-
tinct Heads, as, Affumpfit to Repay Money-against a
Master of a Ship-and for Contribution to Party-Walls;
but the Student will find the Precedents in their
pro-
per place in the Index, and the Pleader will perceive
from perufing the Precedent, the anomaly which juf-
tifies claffing them in the number of those not reducible
any diftinct Head. Ex. gr. to repay "Infurance"
Money; an "action for Contribution to Party-Walls,"
is more aptly called by Lawyers an Action on the
Statute. But although the Statute raifes the duty, yet,
as in the form of declaring, there is fomething necef-