Continual Claim

In old English law

A formal claim made by a party entitled to enter upon any lands or tenements, but deterred from such entry by menaces, or bodily fear, for the purpose of preserving or keeping alive his right. It was called "continual," because it was required to be repeated once in the space of every year and day. It had to be made as near to the land as the party could approach with safety, and, when made in due form, had the same effect with, and in all respects amounted to, a legal entry.

Litt. §§ 419-423; Co. Litt. 250a; 3 Bl. Comm. 175.

Lord Coke calls it an "entry in law," and says that it is as strong as an "entry in deed" (fact).

Co. Litt. 256b.

It is now abolished.

St. 3 & 4 Wm. IV. c. 27, § 11.

CONTINUANCE (Lat. continuere, to continue).

In practice

The adjournment of a cause from one day to another of the same or a subsequent term. The postponement of the trial of a cause. CONTINUANDO (Lat. continuare, to continue; continuando, continuing). In pleading. An averment that a trespass has been continued during a number of days.

3 Sharswood, Bl. Comm. 212.

It was allowed to prevent a multiplicity of actions (2 Ro Ue, Abr. 545) only where the injury was such as could, from its nature, be continued (1 Wm. Saund. 24, note 1). The form is now disused, and the same end secured by alleging divers trespasses to have been committed between certain days.

1 Saund. 24, note 1.

See, generally, Gould, PI. c.

3, § 86; Hammond, N. P. 90, 91; Bacon, Abr. "Trespass" (I 2, note 2).