Majority
p. 202The People against Poyllon.
Headnote
To warrant the granting a copy of an indictment, to ground an action for a malicious prosecution, the malice should appear from circumstances at the . trial, declarations out of court, or certificate from the judge that he thinks it ought to be granted, which he may give though he be off the bench and has signed one which proves insufficient.Goldek, in order to ground an action for a malicious prosecution, moved for a copy of the indictment in this cause, on a certificate from the judge, before whom it had been tried, that the acquittal was satisfactory to the court.
Every acquittal must he satisfactory. The malice ought to appear from what passed at the trial, or from *some circumstances, or declaration, out of court. The judge ought to say he thinks a copy ought to be granted.
Colden. The judge who presided at the trial is not now on the- bench, and thinks he cannot now amend the certificate.
Per Curiam. That is no impediment. It may be done |nine pro tunc.
p. 203
M. B. The certificate being altered according to the direction of the court, the copy was ordered accordingly.
Motion granted.
*#*A counsellor, who has been a judge of this court, is entitled to a seat at the table with the attorney-genera] and officers of the people, or, as the English lawyers would express it, within the bar.