(279) appear in open court; the plaintiff's advocate stated his cause of complaint viva voce; the defendant's advocate his ground of defence; plaintiff's advocate replied; and the altercation continued till the two parties came to contradict one another, or, as it was termed, to an "issue." If this issue was upon a point of law, the judges decided it; if upon a point of fact, it was tried by a jury, or by one of the other modes which prevailed at that period. While this was going on, the officers of the court, who sat at the feet of the judges, took a written minute of the proceedings on a parchment roll, which was called "the record," and was preserved as the official history of the suit, and that alone, the correctness of which could be afterwards recognized and depended on, was the only evidence of the matters stated there, and the court would not allow it to be contradicted. As the proceedings generally occupied more days than one, the court used to adjourn them from time to time; if these adjournments, which were called "continuance," were not made, the suit was at an end, since there was no period at which either party had a right again to call the court's attention to it; and if the continuance, though made, were not entered on the record, the suit was equally at an end, since the record was the only evidence the court would admit of the fact of the continuance. In such a case the action was said to be "discontinued." And latterly when a cause was put down in the list of causes to be tried at a certain time, and from some cause or other it was not then tried, but was adjourned, a minute of such adjournment was entered on the record, which was technically termed "entering a continuance," because such entry signified that the cause was not yet finished, but continued pending. This practice of entering continuances was, however, abolished by Kule 31, Trin. Term, 1853.-Brown. 2. In American practice, the adjournment or postponement of the trial of a cause, to another day in the same term of the court, or to a subsequent term. Among the principle causes or grounds for a continuance are, absence of material witnesses, amendments of pleadings changing the nature or scope of the issue, illness of party or counsel, surprise, newly discovered evidence, &c. CONTINUANCE, (in the common law, synonymous with "prorogation" in the civil). 1 Cow. (Ν. Υ.) 43 n. CONTINUANCE IN OFFICE, (in a bond). 9 Cranch (U. S.) 212, 239; 16 Fla. 204; 6 Munf. (Va.) 81. CONTINUANCE OF AN ACTION, (what is not). 6 Watts (Pa.) 528. CONTINUANCE OF TRESPASS, (damages cannot be recovered for). 19 Wend. (N. Y.) 507, 509. CONTINUANDO.-In an action of trespass under the old practice, when the trespass was of a continuing nature (e. g. spoiling or consuming a man's herbage with cattle), the declaration might allege the injury to have been committed by continuation from one given day to another, instead of the plaintiff being compelled to bring separate actions for each day's separate offence; this was called "laying the action with a continuando." 3 Bl. Com. 212. CONTINUANDO, (defined). 2 Mass. 50. C. L. 202. (laying action with). 4 Wheel. Am. CONTINUE A STOCKHOLDER, (of a company). 104 Mass. 577. CONTINUE HIS SUIT, NOT то, (in a bond). Cro. Jac, 525. CONTINUED IN SUCH SERVICE, (in a statute). 2 Chit. Gen. Pr. 10. CONTINUING AN ACTION, (in a statute). 1 Mass. 508. CONTINUING AND ABIDING, (in a statute). 12 East 550, 554. CONTINUING CHARGE, (in succession duties act). L. R. 2 H. L. 63. CONTINUING CONTRACT.-See CONTRACTS, § 12. CONTINUING GUARANTY, (defined). 10 Pet. (U. S.) 494, 495; 18 N. Y. 337, 343. (what is). 6 Bing. 244, 249; 9 Id. 618; 2 Campb. 412, 413, 436, 437; 12 East 227, 228. (what is not). 6 Bing. 276; 2 Chit. 205; 2 Mau. & Sel. 18, 22. C. L. 531. (notice of acceptance). 5 Wheel. Am.