Retour sans protet

A request or direction by the drawer of a bill of exchange, that in case the bill should not be honored by the drawee, it may be returned without protest, by writing the words “rctour sails profit” or i( sans pais” Should such request be made, it is said that a protest as against the drawer, and perhaps as against the indorsers, is unnecessary; Byles, Bills, 15th ed. 216. RETRACT (Lat. re, back, traho, to draw). To withdraw a proposition or offer before it has been accepted. See Letter; Offer. After pleading guilty, a defendant will, in certain cases where he has entered that plea by mistake or in consequence of some error, be allowed to retract it. But where a prisoner pleaded guilty to a charge of larceny, and sentence has been passed upon him, he will not be allowed to retract his plea and plead not guilty; 9 C. & P. 346; Dig. 12. 4. 5. RETRAXIT (Lat. he has withdrawn). In Practice. The act by which a plaintiff withdraws his suit. It is so called from the fact that this was the principal word used when the law entries were in Latin. Voluntary renunciation by plaintiff in open court of his suit and cause of action. Tate v. Bank, 96 Va. 765, 32 S. E. 476. At common A retraxit differs from a nonsuit — the former being the act of the plaintiff himself, for it cannot even be entered by attorney; 8 Co. 58; Lowry v. Mc Millan, 8 Pa. 157, 163, 49 Am. Dec. 501; Barnard v. Daggett, 68 Ind. 305; Thomason v. Odum, 31 Ala. 108, 68 Am. Dec. 159; and it must be after declaration filed; Lowry v. Mc Millan, 8 Pa. 163, 49 Am. Dec. 501; while the latter occurs in consequence of the neglect merely of the plaintiff. A retraxit also differs from a nolle prosequi. The effect of a retraxit is to end the litigation; Waldron v. Angleman, 71 N. J. L. 166; Bac. Abr. Nonsuit (A); Thomason v. Odum, 31 Ala. 108, 68 Am. Dec. 159; U. S. v. Parker, 120 U. S. 95, 7 Sup. Ct. 454, 30 L. Ed. 601; nolle prosequi is not a bar even in a criminal prosecution; Com. v. Wheeler, 2 Mass. 172. See Com. Dig. Pleader (X 2).