Nolle Prosequi

practice, is an entry made on the record, by which the prosecutor or plaintiff declares that he will proceed no further. A nolle prosequi may be entered either in a criminal or a civil case. In criminal cases, a nolle prosequi may be entered at'any time before the finding of the grand jury, by the attorney general, and generally after a true bill has been found; in Pennsylva- ‘Mia, in consequence of a statutory provision, no nolle prosequi can be entered after a bill has been found, without leave of the court, except in cases of assault and battery, fornication and bastardy, on agreement between the parties, or in prosecutions for keeping tippling houses.

Act 29 April, ‘1819, s. 4, 7 Smith’s Laws, 227.

A nolle prosequi may be entered as to one of several defendants.

11 East, R. 307.

The effect of a nolle prosequt, when obtained, is to put the defendant without day, but it does not operate as an acquittal; for he may afterwards be re-indicted, and even upon the same indictment, fresh process may be awarded.

6 Mod. 261; 1 Salk. 59; Com. Dig. Indictment, (K); 2 Mass. R.172.

In civil cases, a nolle prosequi is considered, not to be of the! nature of a retrarit or release, as: was formerly supposed, but an agreement only, not to proceed either against some of the defendants, or as ‘to partofthesuit. Vide 1 Saund. 207, note (2), and the authorities there cited; 1 Chit. Pl. 546. A _ nolle prosequi is now held to be no bar to a future action for the same cause, except in those cases where, from faction of all the damages sustained by the plaintiff’ 3 T. R. 6511; 1 Wils. 90.