WITHOUT, pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause," &c. Hamm. N. P. 120.

WITHOUT DAY. This signifies that the cause or thing to which it relates is indefinitely adjourned²; as when a case is adjourned without day, it is not again to be inquired into; when the legislature adjourn¹ without day they are not to meet again. This is usually expressed in Latin, sine die.

WITHOUT IMPEACHMENT³ OF WASTE. When a tenant⁴ for life holds the land without impeachment of waste, he is of course dispunishable for waste whether wilful⁵ or otherwise. But still this right must not be wantonly abused so as to destroy the estate, and he will be enjoined⁶ from committing malicious⁷ waste. Dane's Ab. c. 78, a. 14, §7; Bac. Ab. Waste, N; 2 Eq. Cas. Ab. tit. Waste, A. pl, 8; 2 Bouv. Inst. n. 2402. See Impeachment of Waste and Waste.

WITHOUT RECOURSE. Vide Sans Recours and Indorsement; Chit. on Bills, 179; 14 S. & R. 325; 3 Cranch, 193; 7 Cranch, 159; 1 Cowen, 538; 12 Mass. 172; 6 Shipl. R. 354.

WITHOUT RESERVE, contracts. These words are frequently used in conditions of sale at public auction⁸, that the property offered, or to be offered for sale, will be sold without reserve.

2. When a property is advertised to be sold without reserve, if a puffer be employed to bid, and actually bid at the sale, the courts will not enforce a contract against a purchaser, into which he may have been drawn⁹ by the vendor's want of faith. 5 Madd. R. 34. Vide Puffer.