case walker vers priestly in c b in covenant the plaintiff by his replication  assign several breach to which the defendant do not rejoin though the  plaintiff can waive the breach be enter on the roll yet he may take judgement  for want of the rejoinder Cowp Doug term Rep this be a action of debt upon a  bind which upon oyer appear to be condition for the performance of covenant  the defendant plead covenant perform comens the plaintiff reply and assign  several breach the defendant do not rejoin upon which the plaintiff sign  judgement and now sergeant cheshire move to discharge the judgement for that  the plaintiff have not execute a writ of inquiry for the plaintiff here pursue  his remedy by aid of the statute W c which enact that a plaintiff may assign  as many breach as he please and the jury on trial of such action shall and may  assess not only such damage and cost as have hitherto be usual do in such case  but also damage for such of the breach so to be assign as he shall prove to be  break and if judgement shall be give on confession demurrer or nothing to say  the plaintiff may suggest on the roll as many breach as he think fit upon  which shall issue a writ to the sheriff to summon a jury to appear before the  justice of assize or nisi prius to inquire of the truth of every one of these  breach c and therefore when he take the benefit of the statute to assign  several breach he ought to pursue the direction of the statute throughout and  as the defendant do not rejoin he ought to have take out a writ of inquiry c  say non allocatur for the plaintiff have his election to proceed upon the  statute or at commonlaw and therefore when the defendant nothing to say in  barram or confess the action or demurrer the plaintiff may suggest upon the  roll several breach but there be no necessity for it and when the defendant  plead and the plaintiff by his replication assign several breach to which the  defendant do not rejoin though the plaintiff can waive the breach assign for  by the practice of the court they must be enter upon the record yet he may  take judgement for want of a rejoinder and need not inquire of the several  breach assign for this writ be not a writ of inquiry before the sheriff but  before the justice of nisi prius which will be a very great delay to the  plaintiff