NONSU1T. Ifs plaintiff, having commenced a civil action, is guilty of any neglect or default in prosecuting such action according to the practice of the court in which it is brought, be is adjudged sot mfalloiri or pursue his remedy, and a judgment of nun prosequitur, or tioesuit, is entered, upon which he becomes liable to pay costs to the defendant, and in ancient times a fine to the king for making a false complaint. This is the general meaning of the term ; but according to modern practice it has a more limited signification, the phrase non pros (sea proalquilur) being now used to describe the consequence of most of those defaults on the part of the plaintiff which were formerly com prised under the general term nonsuit. Anciently, when it was the practice for the jury to stand at the bar of the court to hear the evi dence on a trial, they withdrew, after the judge had summed up the proofs, to deliberate upon their verdict. On coining back to the bar to deliver their verdict, and before they delivered it, the plaintiff was called in order to be ready to answer the fine which became due to the king for his false complaint, in case the decision was against him ; and if, upon this call, he did not appear, no verdict could be given upon the evidence either fur the plaintiff or the defendant, and the former was said to be nonsuited. Hence arose a practice that when the plaintiff perceived that the evidence given was insufficient to support his action, and that the verdict would probably be against him, he voluntarily withdrew himself, and did not appear when called ; the consequence of which was a nonsuit, which was less disadvantageous to him than a verdict for the defendant, as it did not preclude him from bringing a new action. This practice had to a further innovation upon the ancient
proceeding, and it has long been the usual course for the judge to order the plaintiff to be called, or, in other words, to direct a nonsuit, if, upon the whole of the case in support of the action, he is of opinion that there is no evidence upon which the jury would be justified in finding a verdict fur the plaintiff In consonance to the ancient prac tice, however, by which the plaintiff might in all cases appear when called to answer for his fine, and so prevent a nonsuit, he cannot, except in the County Court, be compelled to be nonsuited ; and fore he may insist upon the evidence being left to the jury. It is to this practice of calling the plaintiff, when his evidence, as delivered in court, is insufficient to support his action, that the term nonsuit is now restricted. The consesuences of a nonsuit are, that the jury aro dis charged from finding a verdict, and the plaintiff pays the costs of the suit ; but ho is still at liberty to commence a new action against the defendant upon the same matter, if he should afterwards be provided with more complete evidence. In the County Court the judge is expressly authorised by statute, if not satisfied with the plaintiff's case, to enter a nonsuit.