英文法律词典 N-28

NOLLE PROSEQUI, practice. An entry made on the record, by which the prosecutor¹ or plaintiff declares that he will proceed no further.

2. A nolle prosequi may be entered either in a criminal or a civil case. In criminal cases, a nolle prosequi may be entered at any time before the finding of the grand jury, by the attorney general, and generally after a true bill has been found; in Pennsylvania, in consequence of a statutory provision, no nolle prosequi can be entered after a bill has been found, without leave of the court, except in cases of assault and battery, fornication and bastardy², on agreement between the parties, or in prosecutions³ for keeping tippling houses. Act of April 29, 1819, s. 4, 7 Smith's Laws, 227.

3. A nolle prosequi may be entered as to one ot several defendants⁵. 11 East, R. 307.

4. The effect of a nolle prosequi, when obtained, is to put the defendant⁴ without day, but it does not operate as an acquittal; for he may be afterwards reindicted, and even upon the same indictment⁶, fresh process may be awarded. 6 Mod. 261; 1 Salk . 59; Com. Dig. Indictment. K; 2 Mass. R. 172.

5. In civil cases, a nolle prosequi is considered, not to be of the nature of a retraxit or release, as was formerly⁷ supposed, but an agreement only, not to proceed either against some of the defendants, or as to part of the suit. Vide 1 Saund. 207, note 2, and the authorities there cited. 1 Chit. PI. 546. A nolle prosequi is now held to be no bar to a future action for the same cause, except in those cases where, from the nature of the action, judgment⁸ and execution against one, is a satisfaction of all the damages sustained by the plaintiff. 3 T. R. 511; 1 Wils. 98.

6. In civil cases, a nolle prosequi may be entered as to one of several counts; 7 Wend. 301; or to one of several defendants; 1 Pet. R. 80; as in the case of a joint⁹ contract, where one of two defendants pleads infancy¹⁰, the plaintiff may enter a nolle prosequi, as to him, and proceed against the other. 1 Pick. 500. See, generally, 1 Pet. R. 74; see 2 Rawle, 334; 1 Bibb, 337; 4 Bibb, 887, 454; 3 Cowen, 374; 5 Gill & John. 489; 5 Wend. 224; 20 John. 126; 3 Cowen, 335; 12 Wend. 110; 3 Watts¹¹, 460.

NOMEN COLLECTIVUM. This expression is used to signify that a word in the singular number is to be understood in the plural¹² in certain cases. 2. Misdemeanor, for example, is a word of this kind, and when in the singular, may be taken as nomen collectivum, and including several offences. 2 Barn. & Adolp. 75. Heir, in the singular, sometimes includes all the heirs.

NOMEN GENERALISSIMUM. A name which applies generally to a number of things; as, land, which is a general name by which everything attached to the freehold will pass.

NOMINAL¹³. Relating to a name.

2. A nominal plaintiff is one in whose name an action is brought, for the use of another. In this case, the nominal plaintiff has no control over the action, nor is he responsible for costs. 1 Dall. 1 39; 2 Watts, R. 12.

3. A nominal partner is one, who, without having an actual interest in the profits of a concern, allows his name to be used, or agrees that it shall be continued therein, as a partner; such nominal partner is clearly liable to the creditors¹⁴ of the firm, as a general partner, although the creditors were ignorant at the time of dealing¹⁵, that his name was used.. 2 H. Bl. 242, 246; 1 Esp. R. 31; 2 Campb. 302; 16 East, R. 174; 2 B. & C. 411.