PROBABLE CAUSE. Such a state of facts as to make it a reasonable presumption tbat their supposed existence was the cause of action.
2. When there are grounds for suspicion that a person has committed a crime or mis demeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for making a charge against the accused, however malicious the intention of the accuser may have been. Croke Eliz. 70 ; 2 Term. 231 ; 1 Wend. N. Y. 140, 345 ; 5 Humphr. Tenn. 357 ; 3 B. Monr. Ky. 4. See 1 Penn. St. 234 ; 6 Watts & S. Penn. 236 ; Meigs, Tenn. 84; 3 Brev. No. C. 94. And probable cause will be presumed till the con trary appears.
3. In an action, then, for a malicious pro secution, the plaintiff is bound to show total absence of probable cause, whether the ori ginal proceedings were civil or criminal. 5 Taunt. 580 ; 1 Canipb. 199 ; 2 Wile. 307 •, 1
Chitty, Pract. 48; Hammond, Nisi P. 273. See MALICIOUS PROSECUTION ; 7 Cranch, 339; 1 Mas. C. C. 24 ; Stew. Adm. 115 ; 11 Ad. & E. 483 ; 1 Pick. Mass. 524 ; 24 id. 81 ; 8 Watts, Penn. 240 ; 3 Wash. C. C. 31 ; 6 Watts & S. Penn. 336 ; 2 Wend. N. Y. 424 ; 1 Hill, So.
C. 82 ; 3 Grill & J. Md. 377; 9 Conn. 309 ; 3 Blackf. Ind. 445 ; Bouvier, Inst. Index.
In cases of municipal seizure for the breach of revenue, navigation, and other laws, if the property seized is not condemned, the party seizing is exempted from liability for such seizure if the court before which the cause is tried grants a certificate that there was pro bable cause 'for the seizure. If the seizure was without probable cause, 'the party injured has his remedy at common law. See 7 Cranch, 339 ; 2 Wheat. 118 ; 9 id. 362 ; 16 Pet. 342; 3 How. 197 ; 4 id. 251 ; 13 id. 498.