Continuando

By continuing; by continuance. In trespasses of a permanent nature, where the injury is continually renewed, the declaration may allege that the injury has been committed by continuation from one given time to another. This is called " laying the action with a continuando." The plaintiff is not then compelled to bring a separate action for each day's separate offense. But where the trespass is by one or several acts, each terminating in itself, and being once done cannot be done again, it cannot be laid with a continuando; yet if there be repeated acts of trespass committed (as, cutting a certain number of trees), they may be laid to be done, not continually, but at divers days and times within a given period; " or on a given day and " on divers other days and times between " that and another particular day.' 1 [3 Bl. Com. 29a. See Steph. PI. 04. > [Waterbury v. Mc Millan, 46 Miss. 640 (1872). a 3 Bl. Com. 290; 4 Del. Ch..S52. * Thompson v. United States, 103 U. S. 480, 483 (1880). 5 Smith V. City of Waterbury, 54 Conn. 176 '1886). •3B1. Com. 212. CONTtNUnirG. Extending from one time or condition to another: as, a continuing— consideration, breach, damage, guaranty, nuisance, qq. v. See also Presumption. CONTrNTTOXIS. 1. Uninterrupted; unintermitted; unbroken: as, a continuous adverse use; • that a custom (g. v.) must be continuous; a continuous carriage, passage, trip, or voyage. 2 See Carrier, Common; Lading, Bill of. 2. As applied to an " injury," recurring at repeated intervals, of repeated occurrence; of the same soirt of damnification an actual continuous mischief would be.^ Compare