Blacks Law Dict. 1st ed

CONTINGENT

CONTINUOUS EASEMENT

265

pen or be performed, or which may not hap pen or be performed till after the determina tion of the preceding estate. Fearne, Bern. 3. CONTINGENT USE. A use limited to take effect upon the happening of some fut ure contingent event; as where lands are conveyed to the use of A. and B., after a marriage shall be had between them. 2 Bl. Comm. 334. CONTINUAL CLAIM. In old English law. A formal claim made by a party enti tled 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 "con tinual," because it was required to be re peated 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 torm, had the same effect with, and in all respects amounted to, a legal entry. Litt. §§ 419-423; Co. Litt. 250a; 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. Also the entry of a continuance made up on 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 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 tres pass recover damages for many trespasses, laying the first to be done with a continuan do 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 afore said, etc., until such a day, including the last trespass. Termes de la Ley. CONTINUING CONSIDERATION. See CONSIDERATION. CONTINUING DAMAGES. SeeDAM AGES. CONTINUOUS ADVERSE USE. Is interchangeable with the term "uninterrupt ed adverse use." 59 Ind. 411. CONTINUOUS EASEMENT. One the enjoyment of which is or may be contin

CONTINGENT. Possible, but not as sured; doubtful or uncertain; conditioned upon the occurrence of some future event which is itself uncertain or questionable. This term, when applied to a use, remain der, devise, bequest, 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 tain event. 5 Barb. 692. CONTINGENT DAMAGES. Where a demurrer has been filed to one or more counts in a declaration, and its consideration is postponed, and meanwhile other counts in the same declaration, not demurred to, are taken as issues, and tried, and damages awaided upon them, such damages are called "contingent damages." CONTINGENT 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 esse, or not yet born. 2 Crabb, Real Prop. p. 4, § 946. CONTINGENT INTEREST IN PER SONAL PROPERTY. It may be defined as a future interest not transmissible to the representatives of the party entitled thereto, in case he dies before it vests in possession. Thus, if a testator leaves the income of a fund to his wife for life, and the capital of the fund to be 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 contingent, and in case of his death is not transmissible to his representa tives. Mozley & Whitley. CONTINGENT LEGACY. A legacy given to a person at a future uncertain time, that may or may not arrive; as "at his age of twenty-one," or "if" or "when he attains twenty-one." 2 Bl. Comm. 513; 2 Steph. Comm. 259. A legacy made dependent upon some un CONTINGENT REMAINDER. An estate in remainder which is limited to take effect either to a dubious and uncertain per son, or upon a dubious and uncertain event, by which no present or particular interest passes to the remainder-man, so that the par ticular estate may chance to be determined and the remainder never take effect. 2 Bl. Comm. 169. A remainder limited so as to depend upon an event or condition which may never hap certain event. 1 Hop. Leg. 506. A legacy which has not vested.

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