Page:Black's Law Dictionary (Second Edition).djvu/267

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CONTINENS 259 CONTINUANDO CONTINENS. In the Roman law. tain event. Jemison v. Blowers, 5 Barb. (N. Continuing; holding togetiicr. .\djoining Y.) 692.

buildings were said to be coritiizeiitia.

CONTINENTAL. Pertaining or relating to a cuuiinent; characteristic of a continent; as hi-and in scope or purpose as a continent. Conijuental ins. Co. v. Continental Fire A.~s‘n (C. C.) 96 Fed. 848.

—-Continental congress. The first national

lisslutive ussenibly in the United States, which

in: in 1774. in pursuance of a recommendation I made by Mnssacluisctia and adopted by the uilier colnuies. In this congress all the colonies were represented except Georgia. The delcgiites were in some cases chosen by the legislative nunmhlies in the states: in others by the people chm-tly. The powers of the congress were undanned, but it proceeded to tske measures and pass resolutions which concerned the general urihrc and had regard to the inauguration and pr an-IIIDH of the war for independence. Black. P1151. Law (3d Fd.) 40: 1 Story, Const. §§ 198- 2li.—Conthiental currency. Paper money ed under the autlioiity of the continental u E_iS. Wharton v. Morris, 1 Dali. 125, 1 L.


CONTINENTIA. In old English practice. C0i]ii'l'illIiIil,E or connection. Applied to the proceedings in a cause. Bract. fol. 36311

CONTINGENCY. An event that may or may not happen, a doiilitfui or uncertain future event. The quality of being contin- gent.

A fortuitous event, which comes without ilcslw, foresight, or expectation. A con- Iingent expense must he deemed to be an expense depending upon some future unceitain event. People v. Yonkers, 39 Barb. (N. Y.)

—Coutingency of a process. In Scotch law. Where two or more processes are so connected dial, the circumstances of the one are likely to ihrnw light on the others, the process first on- rolled is considered as the leading process, and those subsequently broutrht into court, if not iirought in the same division, may be remitted to it. oh cantingenfiizm. on account of-their liPill1iESS or proximity in character to it The what of remitting processes in this manner is merely to bring them before the some diiision of the court or same lord ordinary. In other respects they remain distinct. BeIi.—Conthl- gency with double nspeet. A remainder is niiil to be "in a contingency with douhic aspect." when there is another remainder limited on the same estate, riot in derogation of the Mt, but as a substitute for it in case it should iiill. Fenrne. Bem. 373.

CONTINGENT. Possible, but not assur- cd: doubtful or uncertain, conditioned upon the occurrence of some future event which Is itself uncertain, or questionahle. Verdier 1. Roach. 96 Cal. 467, 31 Puc. 554.

This term, when applied to a use, remainder. ileilse. liequest, or other legal right or interest. implies that no present interest ex- ists, and that whether such interest or right ever will exist depends upon a future uncer-

—Contingen_t claim. One which has not occrued and which is dependent on the hip nin of_ some future event. Hospcs v. Cur 0., 4 Minn. 17-1. 50 N. W. 1117, 15 L. R. A. 470, I Am. St. Rep. 637 ; Austin v. S.-:velnnd's Estate, 7_7 Wis. 108. 45 N. W. 955: Downer v. Tup-

liiI, 19 Vt. 399; Ftichter v. Cox. 52 Net). 53'}. 72 ‘I. W. 8-18: Clark v. Winchcii. 53 Vt. 408.

—ContingenI-. estate. An estate which depends for its effect upon an event which may or may not happen: as an estate limited to a person not in case, or not yet born. 2 Crwhh. Real Prop. p. 4, § 9-I6: Haywood v. Shreie. 44 . J. IAW, 94: Wadsworth v. l\iurrav. 29 App. Div. 191, 51 N. Y. Supp. 1033: Tiiorntou v. Zea, 22 Tex. Civ. App. 509. 35 S. W. 7ii‘3: Hopkins v. Hopkins, 1 Ilun, 35 —Conti.-rigenl: interest in persunnl property. It may be defined as a future inleI'§t not transmissible to the representatives of the party entitled thereto. in case he dies before it vests in possession. Thus, if a ti-stator leaves the income of a fund to his wife for life, and the capital of the fund to he distributed among such of his children as shall be living at her death, the interest of each child during the widow's life-time is cantiriaent, and in c-use of his death is not tr-i missible to his representatives. l\Io7.lc_v & Wiu ley.—Conting'ent liability. One which is not now fixed and 3i)9CIiiiiZE‘, but which will become so in case of the occurrence of S0l'il(‘ futiiro nnd unwrtaiu event. Don uer v. Curtis. 1': Vt. G10; Bank v. Hincham Mfg. Co., 127 Mass. 503: Haywood v. Shrew. -14 N. J. Law. 94; Steele V. Graves, 68 Ala. 21

As to contingent “Dama,ges." "Limitation," "Remainder," "Use," see those titles.

" cy," "Trust," and

CON'I'INUAL 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 meiuices, or bodily fear, for the purpose of preserving or keeping alive his 1‘i,5_'_’ht. It was called "continuni." because it was required to be repeated once in the space of every yenr 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 eifect With, and In all respects amounted to. a legal entry. Liit. §§ 419-423; Co. Lltt. 250w; 3 Bl. Comm. 175.

CONTINUANCE. The adjournment or postponement of an action pending in a court. to a subsequent day of the same or another term. Com. v. Malouci, 1-15 l\lass. 205, 13 N. E. 482; State v. Underwood. 76 D10. 630.

Also the entry of a continuance made upon the record of the court, for the purpose of formally evidencing the postponement. or of connecting the parts of the record so as to make one continuous Whole.

CONTINUANDO. In pleading. A form of allegation in which the trespass, criminal offense, or other wrongful act complained of is charged to have been committed on a specified day and to have "continued" to the present time, or is averred to have been