TO THE

PROFESSION.

AFTER fucceffive in

FTER 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. Thefe I name the HEADS, or LEADING TITLES; for the Heads of Proceedings by and against Attornies, &c. are fubdivifions arifing 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 obferved to be poftponed to the Pleadings under the Head Writ of Annuity-Proceedings in, in order to connect the old Proceedings, fuch as Writ of Annuity, Writ of Right, &c.: Yet ANNUITY will preserve 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 Plea, I have thought proper to give the utmost variety, notwithstanding I know there are

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 finished Pleader and experienced 'Profeffor fhould think the Forms too fimilar or multifarious, ftill, by narrowly infpecting them, differences will be discovered in each both ufeful and inftructive to the unexperienced Practitioner. Keeping in view the practical ufe of my Work, I have promifed 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 use, I have beftowed more pains at least 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 diftinctions between Affumpfit General and Special, I have adopted a mode which I think the most useful; that is, throughout this Action I have claffed füch 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, Houfes, &c. because 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

arrange

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 seldom feen this analytical order relating to the fubject.

THIS order, however, may not seem to be observed in the Division 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 most 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 Jumpfit 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 fubdivifion; but, never departing from real utility for a faftidi

ous adherence to strictness of method, I have purposely claffed Bills of Exchange, Promiffory Notes, and Policies of Affurance, relating to Trade, together under Affumpfit General; and in one inftance, for this reafon only, have given one Precedent of a Policy of Affurance against Fire, though it is in Covenant, and ought to come under that Head; yet in the INDEX the fame Precedent is to be found under its proper Head Covenant-en Policies of Affurance.

THERE are fome Precedents that are not strictly reducible to any of thofe Heads which I have confidered moft ufeful as fubdivifions, and where I have not been able to clafs the confiderations of the Contract, from their anomalous and special nature. These I have thrown together under that fort of Head with the title at the top of the page as in Affumpfit General: Ex. gr. on Charter. Parties of Affreightment, &c. whereas Covenant or Debt is the ordinary Action. Thefe and other inftances will prefent themselves to the Pleader readily.

NEXT follow the Pleas, Replications, &c. in AssUMP

SIT.

The fubdivifions arifing out of this Head, namely, Proceedings by and against Particular Perfons;-Attornies, by and against, in every fpccies of Action;-Baron and Feme,-Executors and Adminiftraters, &c. &c. ;-Forms of beginning and ending every Declaration or Plea ;-the Judgment in Abatement,-Account-Affumpfit, and in every other Action; all follow in their proper place and natural,order, either in the body of the Work, if they form a diftinct Precedent, however minute, or in the INDEX. For example, for the beginning and ending of a Plea in ABATEMENT, (which indeed form the Plea itfelf), fee FORMS. In like manner, for beginnings and endings of Declarations in ASSUMPSIT in every poffible way, fee Beginnings and Endings of Declarations under that Head.

Thefe