Without

Outside; beyond. Wei ton v. Missouri, 91 U. S. 277, 23 L. Ed. 347; Ainslie v. Martin, 9 Mass. 456.

1. Outside, beyond: as, "without the State; "5 "without the allegiance;" <> " without the jurisdiction.'' 3. With the omission of; with the exclusion of, excluding; independently of; without any: as, without appeal, or exception; without children, heirs, or issue; without day, defalcation, notice, recourse, reserve, qq. V. "Without being licensed" is of the same import, and effect as "not licensed " or " not being licensed." ' Without this, etc. See Teatersb.

Is a word of positive negation; so that the allegation that the defendant kept "a dog, without said dog being licensed," is of the same legal import and effect as would be an allegation that he kept " a dog not licensed," or " a dog, not being licensed." Commonwealth v. Thompson, 2 AUen, 507. For numerous cases on the construction of such phrases as dying without children, without heirs, without issue, see U. S. Dig. tit. Will. For any parallel cases on construction of agreements, conveyances, &c., see Con- TBACTS; Deeds. Without prejudice. This phrase is employed to signify that what is said or done is not to affect a controversy or question. Thus, in English practice, when a lawyer writes on behalf of a client to of Eer a compromise of a question in dispute, he often guards himself from being supposed to make any admission, beyond the mere fact of his willingness to compromise, by stating that what he offers is " without prejudice " to any question in dispute. Without recourse. Upon the sale and transfer of a promissory note by indorsement, " without recourse," the vendor impliedly warrants that the signatures of the prior parties whose names appear thereon are genuine. The words " without recourse," accompanying an indorsement, clearly indicate that the party making the transfer does not intend to assume the position of an unconditional indorser, or to incur any liability, if the note is not paid at maturity, upon due demand, or even if all the parties to the paper should prove to be wholly insolvent, but they cannot be construed as importing more than this; at least they do not devest such indorser of his character as a seller of the note, nor exempt him from the liabilities arising from Dumont v. Williamson, 18 Ohio St. 515. See Indorsement; Recourse. Without reserve. A term applied to a sale by auction, indicating that no price is reserved. In such case, good faith (and the statute, in England) forbids -the seller to employ any person to bid at the sale; and the auctioneer may not knowingly take any bidding from any such person. Without this. See Absque hoc; Traverse.