2.
If these continuances are omitted, the cause is thereby discontinued,
and the defendant is discharged sine die, (q. v.) without a day, for
this term. By his appearance he has obeyed the command of the writ, and,
unless he be adjourned over to a certain day, he is no longer bound to
attend upon that summons. 3 Bl. Com. 316.
3.
Continuances may, however, be entered at any time, and if not entered,
the want of them is aided or cured by the appearance of the parties; and
Is a discontinuance can never be objected to pendente placito, so after
the judgment it is cured by the statute of jeofails. Tidd's Pr. 628,
835.
4.
Before the declaration the continuance is by dies datus prece partium;
after the declaration and before issue joined, by imparlance; after
issue joined and before verdict, by vicecomes non misit breve; and after
verdict or demurrer by curia advisare vult. 1 Chit. Pl. 421, n. (p);
see Vin. Abr. 454; Bac. Abr. Pleas, &c. P; Bac. Abr. Trial, H.; Com.
Dig. Pleader, V. See, as to the origin of continuances, Steph. Pl. 31; 1
Ch. Pr. 778, 779.
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