NEW ASSIGNMENT. A ment of the cause of action by the plaintiff, with more particularity and certainty, but consistently with the general statement in the declaration. Stephen, Plead. 241 ; 20 Johns. N. Y. 43.
2. Its purpose is to avoid the effect of an evasive .plea which apparently answers the declaration, though it does not really apply to the matter which the plaintiff had in view. 1 Wms. Saund. 299 b, note 6. Thus, if a de fendant has committed two assaults on the plaintiff, one of which is justifiable and the other not, as the declaration may not distin guish one from the other, the defendant may justify, and the plaintiff, not being able either to traverse, demur, or confess and avoid, must make a new assignment.
3. There may be several new assignments in the course of the same action. 1 Chitty, Plead. 614. A plaintiff may reply to a part of the plea and also make a new"assignment.
A new assignment is said to be in the naturs of a new declaration, Bacon, Abr. Trespass (I 4, 2); 1 Saund. 299 c, but is more pro perly considered as it repetition of the de claration, 1 Chitty, Plead. 602 ; differing only in this, that it distinguishes the true ground of complaint, ns being different from that which is covered by the plea.. Being in the nature of a new or repeated declaration, it is, consequently, to be framed with as much certainty or specification of circumstances as the declaration itself. In some cases, indeed, it should be even more particular. Bacon, Abr. Trespass (I 4, 2); 1 Chitty, Plead. 610; Stephen, Plead. 245. See 3 Blackstone, Comm. 311; Archbold, Civ. Plead. 286; Doctrine Plac. 318 ; Litwes, Ci'v. Plead. 163.