CONTINUANDO, plead. The Dame1 of an averment sometimes contained in a declaration in trespass2, that the injury or trespass has been continued. For example, if Paul turns up the ground of Peter and tramples3 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 subverting4 the soil, as for the first, he must complain of such subsequent trespasses5 in his actions brought to compensate6 the former. This he may do by averring7 that Paul, on such a day, trampled8 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 interpretation9, 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 averred10 in a continuando; for example, when the injury consists in killing11 and carrying away an animal, there remains12 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 divers13 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, 86, et seq.; Ham. N. P. 90, 91 Bac. A. Trespass, I 2, n. 2.
CONTINUING CONSIDERATION. A continuing consideration is one which in point of time remains good and binding14, although it may have served before to Support a contract. 1 Bouv. Inst. n. 628; 1 Saund. 320 e, note (5.)
CONTINUING DAMAGES. Those which are continued at different times, or which endure from one time to another. If a person goes upon successive day's and tramples the grass of the plaintiff, he commits continuing damages; or if one commit a trespass to the possession, and it is in fact injurious to him who has the reversion or remainder, this will be continuing damages. In this last case the person in possession may have an action of trespass against the wrong doer to his possession, and the reversioner has an action against him for an injury to the reversion. 1 Chit. Pr. 266, 268, 385; 4 Burr. 2141 , 3 Car. & P. 817.
CONTRA. Over; against; opposite to anything: as, such a case lays down a certain principle; such other case, contra.
CONTRA BONOS MORES15. Against good morals.
2. All contracts contra bonos mores, are illegal. These are reducible to Several classes, namely, those which are, 1. lncentive to crime. A claim cannot be sustained, therefore, on. a bond for compounding a crime; as, for example, a prosecution16 for perjury17; 2 Wils. R. 341, 447; or for procuring18 a pardon. A distinction has been made between a contract made as a reparation for an injury to the honor of a female, and one which is to be the reward of future illicit19 cohabitation; the former is good and valid20, and the latter is illegal. 3 Burr. 1568; 1 Bligh's R. 269.
3. - 2. Indecent or mischievous21 consideration. An obligation or engagement prejudicial to the feelings of a third party; or offensive to decency22 or morality; or which has a tendency to mischievous or pernicious consequences, is void. Cowp. 729; 4 Campb. R. 152; Rawle's R. 42; 1 B. & A. 683; 4 Esp. Cas. 97; 16 East R. 150; Vide Wagers23.
4. - 3. Gaming. The statutes24 against gaming render all contracts made for the purpose of gaming, void. Vide Gaming; Unlawful; Void.
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