CONTINUANDO

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  CONTINUANDO, plead. The Dame of an averment sometimes contained in a 
  declaration in trespass, that the injury or trespass has been continued. 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 down the grass and subverting the soil, as 
  for the first, he must complain of such subsequent trespasses in his actions 


  brought to compensate the former. This he may do by averring that Paul, on 
  such a day, trampled upon the herbage and turned up the ground, "continuing 
  the said trespasses for three days following." This averment seems to impart 
  a continuation of the same identical act of trespass; it has, however, 
  received, by continued usage, another interpretation, and is taken, also, to 
  denote a repetition of the same kind of injury. When the trespass is not of 
  the same kind, it cannot be averred in a continuando; for example, when the 
  injury consists in killing and carrying away an animal, there remains 
  nothing to which a similar injury may again be offered. 1 Wms. Saund. 24, n. 
  1. 
       2. There is a difference between he continuando and the averment 
  diversis diebus et temporibus, on divers days and times. In the former, the 
  injuries complained of have been committed upon one and the same occasion; 
  in the latter, the acts complained of, though of the same kind, are distinct 
  and unconnected, See Gould, Pl. ch. 3, Sec. 86, et seq.; Ham. N. P. 90, 91 
  Bac. A. Trespass, I 2, n. 2.