continuando

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.