Continual

CLAIM, English
law. When the feoffee of land is
prevented from taking possession by
fear of menaces or bodily harm, he
may make a claim to the laud in the
presence of th a pares, and if this claim
is regularly made once every year
and a day, which is then called a con-
tinual claim, it preserves to the feoffee
his rights, and is equal to a legal
entry. 3 Rl. Com. 175 ; 2 Bl. Com.
320 ; 1 Chit. Pr. 278 (a) in note ;
Crabbe’s Hist. E. L. 403.

CONTINUANCE, practice.— The
adjournment of a cause from one day
to another is called a continuance, an
entry of which is made upon the
record.

2. — If these continuances arc omit-
ted, the cause is thereby discontinued,
and the defendant is discharged sine
die, without a day, for this term. By
his appearance he has obeyed the
command of the writ, and, unless he
be adjourned over to a certain day, he
is no longer bound to attend upon that
summons. 3 Bl. Com. 31 C.

3. — Continuances may, how'ever, be

entered at any time, and if not entered,
the want of them is aided or cured by
1 the appearance of the parties ; and as
a discontinuance can never be objected
to pendente placito, so affer the judg-
1 ment it is cured by the statute of jeo-
fails. Tidd’s Pr. 628, 835.

4. Before the declaration the con-
tinuance is by dies datus precc partium ;
affer the declaration and before issue
joined, by imparlance, affer issue
joined and before verdict, by vicecomcs
non misit breve ; and affer verdict or
demurrer by curia a/lvisarc vult. 1
Chit. PI. 421, n. (p) ; see Vin. Abr.
454 ; Bac. Abr. Pleas, &c. P ; Bac.
Abr. Trial, II; Com. Dig. Pleader, V.
See as to the origin of continuances,
Steph. PI. 31 ; 1 Ch. Pr. 778, 779.

CONTINUANDO, plead. The
name of an averment sometimes con-
tained in a declaration in trespass, that
the injury or trespass has been con-
tinued. For example, if Paul turns up
the ground of Peter and tramples upon
his grass, for three days together, and
Peter desires to recover damages, as
well for the subsequent acts of treading
dowrn the grass and subverting the soil,
as for the first, he must complain
of such suliscquent trespasses in his
actions brought to coinjicnsate the for-
mer. This he may do by averring
that Paul, on such a day, trampled
upon the herbage and turned up the
ground, “ continuing the said tres-
passes for three days following.” This
averment seems to impart a continua-
tion of the same identical act of tres-
pass; it has, however, received, by
continued usage, another interpretation,
and is taken, also, to denote a repeti-
tion of the same kind of injury. When
the trespass is not of the same kind, it
cannot be averred in a continua/ulo ,
for example, when the injury consists
in killing and carrying aw'ay an ani-
mal, there remains nothing to which a
similar injury may again be offered.

2. — There is a difference between
the continuando and the averment di-
verts dielms ct temporifms , on divers
days and times. In the former, the
injuries complained of have been com-

332

CON

CON

inittcd upon one and the same occa-
sion ; in the latter, the acts complained
of, though of the same kind, are dis-
tinct and unconnected. Sco Gould,