“Action for a malicious prosecution. The plaintiff produced the record, of the indictment in the mayor’s court of this city for larceny, which the grand jury returned ignoramus. The plaintiff proved that the defendant, Mountford, put into the hands of a constable of the city a warrant to arrest the plaintiff on a charge of larceny, issued by Mr Badger, one of the aldermen. A search warrant for the goods supposed to have been stolen had previously been delivered to him, which proved ineffectual in the search. Upon the first mentioned warrant the plaintiff was arrested, and taken before Mr Badger, and, upon the examination of Mountford and Wentz, he was bound over to appear at the mayor’s court, to answer to a charge of larceny; and it appeared by the alderman’s docket that these two witnesses were held in fifty dollars each to prosecute.”