NOLLE PROSEQUI. In Practice. An entry made on the record, by which the prosecutor or plaintiff declares that he -will proceed no further.
2. A none prosequi may be entered either in a criminal or a civil case. In crinzinal cases, before a jury is irnpanelled to try an indictment, and also after conviction, the at torney-general has power to enter a nolle pro. sequi without the consent of' the defendant ; but after a jury is impanelled a nolle prosegui cannot be entered without the consent of the defendant. 17 Pick. MD.88. 395 ; 20 id. 356; 1 Gray, Mass. 490 ; 7 id. 328 ; 12 Mete. Mass. 444 ; 12 Vt. 93 ; 3 Hawks, 613 ; 7 Humphr. Tenn. 152 ; I Bail. So. C. 151; 9 Ga. 306. It is for the prosecuting officer to enter a nol. pros. in bis discretion, 3 Hawks, No. C. 613 ; but in some states leave must to obtained of the court. 1 Hill, N. Y. 377; 1 Va. Cas. 139 ; 12 Vt. 93 ; 7 Smith, Pen. Laws, 227.
3. It may be entered as to one of several defendants. 11 East, 307.
The effectof a nolle prosequi, when obtained, is to put the defendant without day; but it does not operate as an acquittal ; for he may be afterwards rein dieted, and, it is said, even upon the same indictment fresh process may be awarded. 6 Mod. 261 ; 1 Salk. 59 ; Comyns; Dig. Indictm.ent (K): 2 Mass. 172; 4 Cush.
Mass. 235 ; 13 !red. No. C. 256. See 3 Cox, Cr. Cas. 93 ; 7 Humphr. Tenn. 159.
4. In civil cases, a nolle prosequi is con sidered not to be of the nature of a retraxit or release, as was formerly supposed, but an agreement only not to proceed either against some of the. defendants, or as to part of the suit. See I Wme. Saund. 207, note 2, and the authorities there cited ; 1 Chitty, Plead. 546. A -nolle prosequi is now held to be no bar to a future action for the same cause, ex cept in those cases where, from the nature of the action, judgment and execution against one is a satisfaction of all the damages sus tained by the plaintiff. 3 Term, 511 ; 1 Wile. 98.
5. In civil cases, a nolle prosequi may be entered as to one of several counts, 7 Wend. N.Y. 301, or to one of several defend ants, I Pet. 80; as in the ease of a joint con tract, where one of two defendants pleads infancy, the plaintiff may enter a nolle prose. qui as to him, and proceed against the otber.
1 Pick. Mass. 500. See, generally, 1 Pet. 74; 2 Rawle, Penn. 334 ; 1 Bibb, Ky. 337 ; 4 id. 387, 454; 3 Cow. N. Y. 335, 374 ; 5 Gill & J. Md. 489 ; 5 Wend. N. Y. 224; 12 id.110 ; 20 Johns. N. Y. 126 ; 3 Watts, Penn. 460.