NEW ASSIGNMENT. A restatement of the cause of action by the plaintiff, with more particularity and certainty, but con sistently with the general statement in the declaration. Steph. Pl. 241; Troup v. Smith's Ex'rs, 20 Johns. (N. Y.) 43.
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. 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 dis tinguish 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.
There may be several new assignments in the course of the same action ; 1 Chitty, P1. 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 na ture of a new declaration; 1 Saund. 299 c;
but is more properly considered as a repe tition of the declaration; 1 Chit. Pl. 602 ; differing only in this, that it distinguishes the true ground of complaint, as being dif ferent from that which is covered by the plea. Being in the nature of a new or re peated declaration, it is, consequently, to be framed with as much certainty or speci fication of circumstances as the declaration itself. In some cases, indeed, it should be even more particular; Gould, Pl. 339 n.; Bac. Abr. Trespass (I 4, 2) ; 1 Chit. Pl. 610. See 3 Bla. Cora. 311; Archb. Civ. Pl. 286. In England, under the Judicature Act, 1875, Ord. xix. r. 14, no new assignment is neces sary or is to be used; but everything which has heretofore been alleged by way of new assignment is to be introduced by way of amendment of the statement of claim ; Whart. Dict.