Sears

To sustain am action of ibis kM,.ít is necessary, that plomtiff should prove, 1st. That he has been prosecuted by the defenderte, and that the prosecution is at an end, 2d. That the prosecution was instituted malclomsly, and without probable cause. 3d. That the plaintiff hao »teln®d damage.

R appears by the evidence that plaintiff was twice arrested, on .& ©rimimal ehrage, upon am affidavit made by one of the defendants, taken before a magistrate, and after @n examination into the matter by him, was discharged. This is presumptive evidence of want of probable ©asses, ooSciemt ft throw upon the defendants, who were instrumental ha procromg the arrest, the mim of proving the contrary.

Probable cause for such a criminal prosecution, is such conduct on ft© part of ft© accused, as may induce the inference that the prosecution was undertaken from public motives, or such a reasonable ground. @f BBgpidom, supported by circumstances sufficient to warrant a essuti®« man in believing, that ft® party is guilty of the offense charged ogssmst him,

The question, probable cause, is composed of few -and fact. R to *309 your province to determine whether the circumstances alleged are trae ®r…