TRAVERSE. To deny ; to put off.
In Civil Pleading. To deny or controvert anything which is alleged in the previous pleading. Lawes, Pl. 116. A denial. Willes 224. A direct denial in formal words : "With out this, that, etc." (absque hoc). 1 Chitty, Pl. 523, n. a. A traverse may deny all the facts alleged; 1 Chitty, Pl. 525; or any par ticular material fact ; Bradner v. Demick, 20 Johns. (N. Y.) 406.
A common traverse is a direct denial, In common of the adverse allegations, without the absque hoc, and concluding to the country. It is not preceded by an induce ment, and hence cannot be used where an inducement is requisite; 1 Saund. 103 b.
A general traverse is one preceded by a general inducement and denying all that is last before alleged on the opposite side, in general terms, instead of pursuing the words of the allegation which it denies ; Pepper, Pb. 17. Of this sort of traverse the replica tion de injuria sua propria absque tali causa, in answer to a justification, is a familiar ex ample ; Steph. Pl. 171.
A special traverse Is one which commences with the words absque hoe, and pursues the material portion of the words of the allega tion which it denies; Lawes, Pl. 116. It is regularly preceded by an inducement con sisting of new matter ; Steph. Pl. 188. A special traverse does not complete an issue, as does a common traverse ; 20 Viner, Abr, 339.
A traverse upon a traverse is one growing out of the same point or subject-matter as is embraced in a preceding traverse on the other side; Gould,. Pl. c. 7, § 42, n. It is a general rule, that a traverse well Intended on one side must be accepted on the other. And hence it follows, as a general rule, that there cannot be a traverse upon a traverse if the first traverse is material. The mean of rule is that when one party has tendered a material traverse the other can not leave it and tender another of his own to the same point upon the inducement of the first traverse, but join in that first: tendered ; otherwise the parties might alter nately tender traverses to each other in un limited succession, without coming to an is sue; Gould, Pl. c. 7, § 42. The rule, however, not apply where the first traverse is immaterial, nor where it is material if the plaintiff would thereby be ousted some right or liberty which the law allows ; •Cro., Eliz. 99, 418; Bacon, Abr. Pleas (H 4).
In Criminal Practice. To put off or delay the trial of an indictment till a succeeding term. More properly, to deny or take issue upon an indictment. 4 Bla. Com: 351.
A toll exacted for passing through a town or lordship. Baldwin's Britton 63.