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Absque Hoc

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. Without this; (absque hoc quod, &c.; without this that, (fee.) In pleading. Technical words of denial, made use of in pleading by way of special traverse; which is hence sometimes called a traverse with an absque hoc. Steph. Plead. 165—186. 9 Co. 13. See Special traverse, Sim hoc quod.

Sans ceo que

Without this that. Tliis seems to have been originally an ordinary phrase, its barbarous form arising from its peculiar mode of application in composition. Thus, in the statute of Westminster 2: Cum duo vel plures teneant boscnm, iurbariam,piscariam, vel alia hujusfnodi in communi, absque hoc quod aliquis sdat suuvi separale: where two or more hold a Avood, turbary, piscary, or other such things in common, without this, that any one knows, (i. e. without any one knovring, or where none knows,) his several.

Stat, Westm. 2, c. 22.

Spelman supposes it to be of Gallic origin, and refers to a constitution of Alan, duke of Bretagne, A. D. 1087, in which the phrase occurs: absque eo quod cognosceret, without this, that he knows, or without knowing. ABSQUE IMPETITICiNE VASTL L. Lat. [L. Fr. sam (or sauns,) empeschemmt dewast {or gast.)] Without impeachment of waste; without accountability for waste; without hability to suit for waste. A clause anciently often inserted in leases, (as the equivalent English phrase sometimes is,) signifying that the tenant or lessee shall not be liable to suit, (impetitioy) or challenged, or called to account, for committing waste.

2 Bl. Com, 283. 4 Kenfs Com. 78. Co. Litt. 220 &.

Litt. sec.

352.

See Impetitio, Vastum.