KFLCC Kingdom Law 2nd Ed.

259

CONTINENS

CONTINUANDO

CONTINENS.

In

the Roman

law.

tain event Jemison v. Blowers, 5 Barb. (N. Y.) 692. —Contingent claim. One which has not ac crued and which is dependent on the happening of some future event Hospes v. Car Co., 48 Minn. 174, 50 N. W. 1117, 15 L. R, A. 470, 31 Am. St. Rep. 637; Austin v. Saveland's Estate, 77 Wis. 108, 45 N. W. 955; Downer v. Top liff, 19 Vt. 399; Stichter v. Cox, 52 Neb. 532, 72 N. W. 848; Clark v. Winchell, 53 Vt. 408. — Contingent estate. An estate which de pends 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; Haywood v. Shreve, 44 N. J. Law, 94; Wadsworth v. Murray, 29 App. Div. 191, 51 N. Y. Supp. 1038; Thornton v. Zea, 22 Tex. Civ. App. 509, 55 S. W. 798; Hopkins v. Hopkins, 1 Hun, 354.— Contingent interest in personal property. . It may be defined as a future interest not transmissible to the representatives of the party entitled there to, 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 con tingent, and in case of his death is not trans missible to his representatives. Mozley & Whit ley.— Contingent liability. One which is not now fixed and absolute, but which will become so in case of the occurrence of some future and uncertain event Downer v. Curtis, 25 Vt. 650; Bank v. Hingham Mfg. Co., 127 Mass. 563; Haywood v. Shreve, 44 N. J. Law, 94; Steele v. Graves, 68 Ala. 21. As to contingent "Damages," "Legacy," "Limitation," "Remainder/' "Trust" and "Use," see those titles. CONTTNTTAIi 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 / 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. The adjournment or postponement of an action pending in a court, to a subsequent day of the same or another term. Com. v. Maloney, 145 Mass. 205, 13 N. E. 482; State v. Underwood, 76 Mo. 630. 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. 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 CONTINUANCE. CONTINUANDO.

Continuing; holding together.

Adjoining

buildings were said to be

continentia.

CONTINENTAL. Pertaining or relating to a continent; characteristic of a continent; as broad in scope or purpose as a continent. Continental Ins. Co. v. Continental Fire Ass'n (C. C.) 96 Fed. 848. —Continental congress. The first national legislative assembly in the United States, which met in 1774, in pursuance of a recommendation made by Massachusetts and adopted by the other colonies. In this congress all the colonies were represented except Georgia. The delegates were in some cases chosen by the legislative assemblies in the states; in others by the people directly. The powers of the congress were un defined, but it proceeded to take measures and pass resolutions which concerned the general welfare and had regard to the inauguration and prosecution of the war for independence. Black, Const. Law (3d Ed.) 40; 1 Story, Const. §§ 198 217.— Continental currency. Paper money issued under the authority of the continental congress. Wharton v. Morris, 1 Dall. 125, 1 L. Ed. 65. tice. Continuance or connection. Applied to the proceedings in a cause. Bract fol. 3626. An event that may or may not happen, a doubtful or uncertain future event. The quality of being contin gent A fortuitous event, which comes without design, foresight, or expectation. A con tingent expense must be deemed to be an ex pense depending upon some ^future uncertain event People v. Yonkers, 39 Barb. (N. Y.) 272. — Contingency of a process. In Scotch law. Where two or more processes are so connected that the circumstances of the one are likely to throw light on the others, the process first en rolled is considered as the leading process, and those subsequently brought into court, if not brought in the same division, may be remitted to it, ob contingentiam, on account of their nearness or proximity in character to it. The effect of remitting processes in this manner is merely to bring them before the same division of the court or same lord ordinary. In other respects they remain distinct. Bell.— Contin gency with double aspect. A remainder is said to be "in a contingency with double as pect," when there is another remainder limited on the same estate, not in derogation of the first, but as a substitute for it in case it should fail. Fearne, Rem. 373. Possible, but not assur ed; doubtful or uncertain, conditioned upon the occurrence of some future event which is itself uncertain, or questionable. Verdier v. Roach, 96 Cal. 467, 31 Pac. 554. 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 CONTINGENCY. CONTINGENT. CONTINENTIA. In old English prac