Continuando

In pleading. A word which was formerly used in a special declaration of trespass when the plaintiff would recover damages for several trespasses in the same action; and, to avoid multiplicity of actions, a man might in one action of trespass recover damages for many trespasses, laying the first to be done with a continuando to the whole time in which the rest of the trespasses were done; which was in this form: Continuando (by continuing) the trespasses aforesaid, etc., from the day aforesaid, etc., until such a day, including the last trespass. Termes de la Ley.

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

Lat. (By continning.)

In old pleading. A word formerly used in a special declaration of trespass, where the plaintiff would recover damages for several trespasses in the same action. Termes de la ley. Thus, in trespasses of a permanent nature, where the mjury was continually renewed, (as by spoiling or consuming the herbage with the defendant's cattle,) the declaration might allege the injury to have been committed by continuation from one given day to another, (which was called laying the aetion with a coniinuando,) instead of compelling the plaintiff to bring separate actions for every day's separate offence. S Bl. Com, 212. 1 Ld. Raym. 240, 824. The form of words was this: continuando iransyressionem prcedictam, dkc, a prcsdicto die, dtc. usque talem diem; (by continuing the aforesaid trespass, (fee, from the day aforesaid, <fec. to such a day;) and so including the last trespass. Termes de la ley. It has now, however, become obsolete. 3 Chill, Bl, Com, 212, note.