Page:Black's Law Dictionary (Second Edition).djvu/268

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CONTINUING

committed at divers days and times within a given period or on a spccifled day and on divers other days and times betwcen that day and another. This is ci1l.led "laying the time with a coiitinuaudo." Benson v. Swift, 2 Mass. 52; People v. Sullivan, 9 Utah, 195, 33 Pac 701.

CONTINUING. Enduring: not terminated by a single act or fact; subsisting [or a definite period or intended to cover or apply to successive similar oblmations or occur- I'0li(.'8S

.-is to continuhig "Consideration," “Cove- nant," “Daniiiges," "Guaranty." “Nu1sance," and "Offense," see those titles

CONTINUOUS. Uninterrupted; unbro- ken: not intermittent or occasional; so persistc-ntly repeated at short intervals as to constitute irirtii.'il.i_v an unbroken series. Black v. Canal C0., 22 N. J. Eq. 402; l'ioIer’s Appeal, 116 Pa. 360. 9 Ati. 441; Ingrnham v. Hough, 46 N. C. 43.

—Continuous adverse use. Is interchange- able with the term “unintoirupted ndicrsc us I " Davidson v. 1\ichoison. 59 ind. 411 —Continu- ons injury. One recurring at rerpeatwi inter- vais, so as to be of repeated occurrence; not necr-ss ' an injury that never ceases. Wood v. Suiclitte, 8 Eng. Law & Ed. 217.

As to continuous "Crime"

meats," see those titles.

and “Ease-

CONTRA. Against, confronting. oppo- site to; on the other hand; on the contrary. The word is used in many Latin phrases, as appears by the following titles. In the books of reports, contra, appended to the name of a judge or counsel, indicates that he held a View of the matter in argument can-Ira-11y to that next before advanced. Also, after citation of cases in support of a position, contra is often prefixed to citations of CIISES opposed to it

—Couh.-n lmnon mores. Against good morals. Contracts contra Imiimz mores are void.—Contra fox-rnarn collationis. In old English law. A ivrit that issued where lands given in perpetual aims to lay houses of religion, or to an nhbot and convent, or to the warden or master of an hospital and his convent. to find centain poor men with necessaries, and do divine service, etc., were alienated, to the diisbcrison of the house and church. By means of this Writ the donor or his heirs could recover the lands. Reg. ()1-it-;_ 238: Iv‘it.zh. i\‘aL Brev. 2‘i0.—Ounu-a. for-marn doui. Against the form of the grant. See FoaiimnoN.—Contru for-mam faults- menti. In old English law. A writ that lav for the heir of a tenant, enfeoiied of certain lands or tenements, by charter of feolfment from a lord to make certain services and suits to his court, who was afterwards distruinmi for mm-u services than were mentioned in the charter. Reg. Orig. 176: Old Nat. Brev. 162.-—Contru. for-mam statuti. In criminal pleading. (l‘.0n— trury to the form at the statute in such case made and provided.) The usual conclusion of every indictment. etc., brought for an offense created by st:itute.—Cont:-n jun Izeili. Lat. Against the law of war. 1 Kent. Comm 6.—- Contru jug commune. Against common

right or law; contrary to the rule of the com-

260

GONTRAOAUBATOR mon law. Bruct. fol. 48b.—Contru legem ten-re. Against the law of the land.—0untra

umnes gentes. Against all people. Formal words in old covenants of warranty. Flct.-1, lib. 3. c. 14, § 11.—Cuntra pacem. Against the

mice A phrase used in the Latin forms of indictments, and also of actions for trespass, to signify that the olifense alleged vius com- mitted against the puhilc peace, 1 5.. involved a breach or the peace. The full fur.-u-In wss rmiira naocni domim' regia, against the peace of the lord the king. In modern pie-idin_:, in Qlfi country, the phrase “against the [Juice of the commonwealth" or "of the people’ -- |is|Il— Contrn proferentem. Against the piirty who proffers or puts forward a thiug.—Contra tnhlllns. In the civil law. Agiiinsl the “Ill, (tesluiiir-nt.) Dig 37. 4.—vCont1'a vadium at p egium. In old English law. Against gap and pledge. Bract. fol. 15b.

Contra. legom Inc“: (1111 hi fncit quad lex prohibit; in frautlem vero qni. snlvll vex-his legis, sententiam ejus circum- venit. He does contrary to the law who does what the law prohibits; he acts in fraud or the law who, the letter of the law being invlolate, uses the law contrary to its intention. Dig. 1, 8, 29.

Contra uegnntem pr-incipiu non alt disputundum. There is no disputing against one who denies first principles. Co. Litt. 343.

Contra. non valentem agere nulls currit px-iescx-iptio. No prescription runs against a person unable to bring an action Broom, Max. 903.

Contra veritatern lex nunquam aliuuid per-mittit. The law never sulfers anything contrary to truth. 2 Inst. 252.

CONTRABAND. Against law or treaty: prohibited. Goods exported from or imported into a country against its laws. Brande. Articles, the importation or exportation of which is prohibited by law. P. Eric.

CONTRABAND OF WAR. Certain classes of merchandise, such as arms and ammunition, which, by the rules of international law, cannot lawfully he furnished or carrled by a neutral nation to either of two belligerents; if found in transit in neutral vessels, such goods may be seized and condemned for violation of neutrality. The Peterhotf, 5 Won. 58, 18 L. Ed. 564; [tic-iiari’l: n v. Insurance Co., 6 Mass. 114, 4 Am. Dec 9'1.

A recent American author on international law says that, "hy the term 'contra‘mnd ol war,’ we now understand a class of_ articles of commerce which neutrals are prohibited from furnishing to either one of the builizei-enls. M the reason that, by so doing, injury is done to the other belligerent :" and he treats of the sub- ject, chiefly, in its reintion to commerce up--‘n the high seas. Hall. Int. Law. 570. 502; El- rod v. Alexander, 4 Heisk. (’I'enn.) 345.

CONTRACAUSATOR. prosecuted for a crime.

A criminal; one