Nolle

I. To be unwilling; to will not to do a thing; to refuse to do a thing. Nolle prosequi, ab. nol. pros.: will not prosecute; the name of an entry made by a plaintiff, where he wishes to discontinue the action, either wholly, or as to some of the counts of his declaration, or as to some of several defendants; a proceeding on an indictment by which the prosecuting officer agrees to prosecute no farther, either as to the whole or as to some particular part of the indictment

To not wish or desire: non velle. Compare VoLO. Wo Ue prosequi. To not care to proceed. A record entry that the prosecutor does not care to proceed further in the particular case. An agreement not to proceed further in that suit, as to the particular person or cause of action to which it is applied. ^ Said of a judgment in a criminal case by which the attorney-general, or other representative of the state, voluntarily declares that he will not further prosecute a suit or indictment, or a particular count, or as to a particular defendant.* 1 Rogers v. Elliott, 146 Mass. 351 (March 2, 1888), cases, holding that a person who by reason of a sunstroke was peculiarly susceptible to the noise caused by the ringing of a church bell, situated directly opposite his house in a thickly popiilated district, cannot, in the absence of evidence of express malice, or that the bell was objectionable to persons of ordinary health and strength, maintain an action against the custodian of the church for sufferings caused by the ringing of the bell. " Appeal of Ladies' Decorative Art Club, 28 W. N. 75 (April 23, 1888). Af Brmed the lower court in enjoining the hammering of brass by the pupils of an art school located in a thickly populated square in the city of Philadelphia, to which the plaiptiff, with his family, had moved five years after the school had been opened, and into an adjoining house. Ball v. Ray, 8 Ch. Ap. 467 (1872), and Broder v. Saillard, 2 Ch. Div. 692 (1876), followed. See also Yocum v. Hotel St. George Co., 18 Abb. N. Cas. 340 (1886), cases,— in which the noise and vibration caused by an electric engine and dynamos was enjoined; 23 Cent. Law J. 510 (1886) - Solicitors' Jour. (London). Sometimes spoken of as allowing a nolle. Not a bar to another prosecution for the same offense,* but such termination as will allow an action for malicious prosecution.* See Proseqtji. Nolo contendere. I do not care to dispute it. A plea in effect the same as a plea of " guilty," so far at least as regards proceedings on the particular indictment."

I. To be unwilling. Nolens Nolle prosequi, Nol. pros.: a or prosecuting officer, on the record, prosecute his suit as to some of the of the defendants; or, less frequently, continue the action.