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NOLLE PROSEQUI

Volume 13 · 85 words · 1797 Edition

is where a plaintiff in an action does not declare in a reasonable time; in which case it is usual for the defendant's attorney to enter a rule for the plaintiff to declare, after which a non prof. may be entered. A nolle prosequi is deemed a voluntary confession, that the plaintiff has no cause of action; and therefore if a plaintiff enters his nolle prosequi, he shall be amerced; and if an informer cause the same to be entered, the defendant shall have costs.