Peosecute

6 To carry on a judicial proceeding; in particular, a proceeding of a criminal nature. Prosecute with effect. To carry on, with due diligence, to a final issue or judgment, and without fraud or unnecessary delay: as, to prosecute ar^ appeal, or a writ of error." The condition to prosecute a replevin bond " with effect " is to be construed as meaning with success, or to a successful termination. The condition is broken by a dismissal of the action.^ Prosecution. 1. The act of conducting any judicial proceeding; also, such proceeding itself. ' Ferguson U' Arthur, 117 U. S. 487 (1886): The Imperial, Webster's, and Worcester's Dictionaries; Duty Laws, R. S. § 2504, Sohed. M. p. 480. = Commonwealth v. Boston, &c. E. Co., 11 Cush. 512, 616 (1863). » The Mayor v. Lord, 9 Wall. 413 (1869). * 101 U. S. 15; 1 Black, 26S; 86 Pa. 127. " L, prosequi, q. v. » Kasson v. Brocker, 47 Wis. 87-8S (1870), Taylor, J. ' Boom u St. Paul Foundery, &c. Co.,.33 Minn. 254 2. Specifically, a suit in a criminal court. 3. The informant or complainant in a penal or criminal proceeding, and his counsel. The manner of formal accusation of crime, which is by presentment, indictment, or information.! A criminal proceeding at the suit of the government.* 'Criminal prosecution. A prosecution in a court of justice, in the name of the government, against one or more individuals accused of crime. 3 In the provisidn that " in all prosecutions the accused shall have a speedy trial," the reference is to criminal prosecutions for violation of the laws of the State, not to prosecutions for violating city ordinances.^ Malicious prosecution. A prosecution on some charge of crime, which is willful, wanton, or reckless, or against the prosecutor's sense of duty and right, or for ends he knows or is bound to know are wrong and against the dictates of public policy." " Malicious " is not used in the sense often ascribed to it. There may exist ill-will, malevolence, spite, a spirit of revenge, or a purpose to injure without cause; but not necessarily so.^ When the general issue -is pleaded, the plaintiff must prove: the fact of the prosecution; that the defendant was the prosecutor or instigator; that the proceedings were finally determined in favor of the accused; that the charge was unfounded; that it was made without probable cause; and that the defendant T\'as actuated by malice. Malice alone is not sufficient, as a person actuated by the plainest malice may nevertheless prefer a well-founded accusation, and have a justifiable reason for the prosecution of the charge." In trespass against a collector of revenue for a wrongtul seizure, the sole question is probable cause.' Malice and the want of probable cause must both concur. The existence of malice is always for the jury. The question of probable cause is for the court, on the facts found. Malice may be inferred from the want of probable cause, but the want of probable cause cannot be inferred from any degree of even express malice. Failure in a suit is not evidence of either malice or want of legal cause. ^ 1 [4 Bl. Com. 301. 2 Tennessee v. Davis, 100 U. S. 260 (1879), Strong, J. ' Harger v. Thomas, 44 Pa. 130 (1862): 1 Chitty, Cr. L.; State V. Williams, 34 La. An. 1199 (1888); 30 Kan. 763; 3 A. K. Marsh. 74. < State V. City of Topeka,.36 Kan. 87-88 (1886), cases. = Hamilton v. Smith, 39 Mich. 229 (1878), Graves, J. 8 Wheeler v. Nesbitt, 24 How. 649-60 (1860), Clifford, J. 1 Stacey v. Emery, 97 U. S. 645 (1878), Hunt, J. s Stewart v. Sonneborn, 98 U. S. 192-96 (1878), cases, Strong, J. See further Mc Carthy v. De Armitt (Pitts- Legal malice is made out by showing that the proceeding was instituted from any improper or wrongful motiverit is not essential that actual malevolence or corrupt design be shown. ' The criminal prosecution must have terminated— by a verdict ot not guilty, by an ignoring of the bill, by the entry of a nolle prosequi, or by a discharge of the accused from bail or imprisonment. ^ No action lies to recover damages for the prosecution of a civil suit, however unfounded, where there has been no actual interference with either the person or the property of the defendant. ' See Cacse, Probable; Crihs; Indictment; Malice; Sdspioion, 3. Prosecutor. He who carries on or maintains any criminal proceeding. Prosecutrix. The feminine form of the Latin word. Public prosecutor. An of Bcer of government, as the attorney-general, or a district or county attorney, whose duty it is to conduct criminal proceedings on behalf of the people. See Attorney-General.