Continuance

1.

After an issue or demurrer has been joined, as well as in previous stages of a proceeding, a day is given, and entered upon the record, on which the parties are to appear from time to time as the exigence of the case may require. The giving of this day is called the " continuance," because thereby the proceedings are continued without interruption from one adjournment to another.'

2.

Adjournment, postponement, to another term of court. May be had on account of — the absence of a material witness, who has been subpoenaed, unless the op- 'L. con-tingere, to touch; to relate to, happen.

2 People V. Yonkers, 39 Barb. 272 (1863). See also 16 Op. Att.-Gen. 413; 30 Me. 3S4. s See Fearne, Cont. Eem. 373. < Jemison v. Blowers, 5 Barb. 692 (1849); Haywood u.

Shreve, 44 N. J. L. 104 (1888). » Weather jead v. Stoddard, 58 Tt. 623 (1886), cases. posite party admits what such witness would testify to; inability to obtain the evidence of a witness out of the State in time for trial; detention of a party in a public service; sickness or death of a party or of counsel; commission outstanding for taking testimony; amendment to pleadings which occasions surprise; filing a bill of discovery. An af Sdavit to the alleged fact constituting the ground for continuance is required.

See Amendment, 1; Nisi.

Puis darrein continuance

Since the last adjournment or term of court. A plea by which the defendant takes advantage of a matter which has arisen since he entered his original defense.! As, that the plaintiff, who was then a feme sole, has married; or that she has given a release.* In efl Eect, a pleading of facts occurring since the last stage of the suit, whatever that be, provided it precedes the trial.^ Confesses the matter which was before in dispute. Not allowed" if a continuance has intervened between the time when the matter arose and when it was pleaded: for the defendant is guilty of neglect, and is, besides, supposed to rely upon his former plea. ^i Tor is it allowed after a demurrer has been determined, or a verdict been given: because relief may be had by motion. 3 The appointment of a successor in office, after proceedings by mandamus are begun, may be set up by a plea puis darrein continuarux. * See Continuando; Discontinuance. 3. " Continuance in office," in a constitution prohibiting the legislature from increasing the compensation of any public officer during such period, means continuance under one appointment.^ See Compensation, 1.