brook vers bishop SC salk salk holt No exception can be take after verdict to  a continuando in trespass if any of the charge to which it be apply can be lie  with a continuando a charge of cut down tree can be lie with a continuando  trespass the plaintiff declare that the defendant the second of April break  and enter the plaintiff close et herban svan foot ambulando to tread upon et  to use up nor arbores urge videlicet ten poplar tree c leg of meat to take in  hand et to carry away transgression prediction a prediction good luck die  April to visit a day et turn usque the twenty eight of the say month of April  continuando upon not guilty plead verdict be give for the plaintiff and entire  damage upon which Mr Branthwaite for the defendant move in arrest of judgement  that the cut of the tree can not be lie with a continuando and therefore  entire damage be give the jury shall be intend to have give for that as well  as for the other trespass and therefore judgement ought to be arrest because  no damage ought to have be give for that and holt chief justice say that it be  time that this exception shall be settle and that in order to effect it they  will consider among themselves and give judgement after deliberate  consideration have and afterward at another day holt chief justice declare  that they be all of opinion that the plaintiff ought to have his Lord Raymond  judgement because they hold the continuando as to the tree to be void because  the cut of tree do not lie in continuance and then they will intend that no  part of the damage be give for it but the continuando shall be apply to the  trespass that lie in continuance and as to the objection that the plaintiff at  the trial perhaps give evidence of cut at several day by reason of the  continuando he answer that that shall not be intend since in point of law only  evidence of one cut can be give for the continuando be void the proper way to  declare where a man will give evidence of several trespass which do not lie in  continuance be to say that the defendant to visit a day inter such a day and  such a day cut diverse tree and then he may give evidence of a cut upon any of  the day between the day mention in the declaration see Henry judgement for the  plaintiff