NOLLE I'ItOSEQUI is a phrase used in proceedings at law to denote the withdrawal of the plaintiff from the further prosecution of his suit, and is derived from the words used in the formal entry of such withdrawal on the record, in which the party "acknowledges that he will not further prosecute" (fatetur se ulterimis nolle prosrqui), the consequence of which is that the defendant is entitled to his costs, under stmt. 8 Eliz., c. 2, s. 2. In equity, the complainant can at any time discontinue his suit upon an application to the court, and paying the costs of the defendant, as he likewise may do at law. In criminal pro secutions by indictment, which are in the name of the Crown, though originated by private persons, a nolle prosequi may be entered by the attorney-general, but not without his concurrence, although the pro secutor desires it. It is very unusual however for the general to enter a nolle prosequi upon an indictment, except upon the application of the prosecutor. Lord Holt says, " the practice began in
the reign of Charles 11., and that in all Charles L's time there was no precedent of a nolle prosequi upon an indictment." (6 Mod. Rep., 262.) There can be no doubt of the power of the attorney-general to put an end to criminal informations filed ex officio by him ; and in the case of informations in the Court of Queen's Bench, a nollc prosequi may be entered by the master of the crown-office upon the application of the prosecutor and with the leave of the court. The effect of a nolle pro aequi in criminal cases is to discharge the defendant for the time, but it does not operate as an acquittal ; so that lie may be indicted again, and it is said that even upon the same indictment fresh process may be awarded.