§ 3. Punishment for ecution of process 8&9W.3. c.27. s. 15. Eng. III. With respect to the offence of obstructing the ex ecution of legal process: the 8 & 9 W. 3. c. 27. s. 15. resisting the ex- Eng. enumerates the several pretended privileged places in certain pre- in and about the cities of London and Westminster, and tendal privileg ed places. borough of Southwark; and the offence of resisting the execution of process in such places is thereby punishable with a fine of £50. with pillory and imprisonment at the discretion of the court; and in case of rescue with a fine of £500.; and in default of payment such offender so making such rescue, or aiding therein, is to be transported for 7 years. The offence of knowingly receiving, harbouring, or concealing any person convicted of such rescue, is also made subject to transportation for 7 years, unless such offender shall, within one month after such conviction, pay to the plaintiff in such action his debt and full costs; and any person transported under this act, who shall return within said period of 7 years, shall be guilty of a capital felony. And by the 9 Geo. 1. c. 28. 9 Geo. 1. c. 28. s. 2. Eng. which relates to the place s. 2. Eng. called the Mint in Surrey, to resist any officer in the execution of any legal process, within the limits thereof, or to rescue any prisoner taken upon such process, or to harbour or conceal any prisoner so taken, or any person who rescued such prisoner, or to be knowingly and willingly abetting or assisting in resisting such officer, or rescuing such prisoner, or to exercise any unlawful jurisdiction, or make or execute any rule or order for supporting any pretended privilege within said place, or for hindering the due execution of any legal process, &c. therein, is made a felony (in case of conviction within 6 months) punishable with transportation in like manner as other felonies. And it is thereby made a capital felony for any person wearing or having any disguise, within the limits of said place, to join in, or aid or abet any riot or tumult there, or in any disguise knowingly and willingly to oppose the execution of any legal process, &c. or assault and abuse any person serving or executing such process, &c. or for having done so: And all persons aiding, abetting, or knowingly harbouring or concealing any such disguised person, are declared guilty guilty of felony, and to be transported. And by the 11 11 Geo. 1.c.22. Geo. 1. c. 22. Eng. it is made a felony punishable with Eng. transportation for 7 years, for any number of persons, not less than 3, within the hamlet of Wapping-Stepney, or within the limits of the weekly bills of mortality of the cities of London and Westminster, to obstruct and oppose the service or execution of legal process, &c. and in making such obstruction, &c. to assault or abuse any person serving or executing such process, &c. whereby he shall receive bodily hurt. And any person resisting the execution of legal process, &c. therein, or rescuing any prisoner taken upon such process, or harbouring or concealing any such prisoner, or any person who rescued such prisoner, or knowingly and willingly abctting or assisting in resisting any such officer, or in rescuing any such prisoner, is thereby also declared guilty of felony, and punishable with transportation for 7 years. These statutes which I have thus briefly stated as being of a local nature, are peculiar to England. $4. nor No penalty for an escape before 3 dw. 1. c. 3. E. & I. Escapes of felons IV. As to escapes suffered by officers, the 3 Edw. 1. c. 3. E. & I. enacts, that nothing be demanded taken, nor levied by the sheriff, nor by any other, for it be adjudged. the escape of a thief, or felon, until it be judged for an escape by the justices in eyre; and that he who does otherwise, shall restore to him or them that have paid it, as much as he or they have taken or received, and as much also unto the king. And by the 31 Edw.3.st.1.c.14. 31 Edw. 5 st.1. E. & I. the escape of thieves and felons, and the chat- 14. E. & l. tels of felons and fugitives, and also escapes of clerks convict out of their ordinary's prison, from henceforth to be levied. to be judged before any of the king's justices, shall be levied from time to time. And by the 1 Ric. 3. c. 3. E.& I. justices of peace shall have authority to inquire in Escape of felons their sessions, of all manner of escapes of every person arrested and imprisoned for felony. And as to the punishment for such escapes: the 5 Edw. 3. c. 8. E. & I. re- 5 Elw. 3. c. 3. cites, that persons indicted of felonies in times past, had removed the indictments before the king, and yielded themselves, and by the marshals of the bench had been incontinently let to bail, &c. and 1 Ric. 5. c. 3. E. & I. inqunable by justices of peace. E. & 1. there Penalty of the king's suffereth an esthere marshal that fore cape. § 5. fore enacts, that such indictees, and appellees, shall be safely kept in prisou, according to the charge which the said marshals shall have of the justices; and if any marshal shall do otherwise, at the complaint of every man that will complain, the justices shall do him right during the terms; and in the end of the terms, upon their rising, the said marshals shall choose before the said justices, before they depart their places, in what town they will keep such prisoners at their peril: And in the same town they shall allow to them houses to keep such prisoners at their own costs and charges; and there they shall keep them in prison, and shall not suffer them to go wandering abroad, neither by bail, nor without bail. And if any such prisoner be found wandering out of prison, by bail or without bail, and that be found at the king's suit, or at the suit of the party, the marshals which shall be found thereof guilty, shall have half a year's imprisonment, and be ransomed at the king's will; and the justices shall thereof make inquiry when they see time; and as to the marshals, it shall be done within the verge that which reason will. And in case that the marshals suffer by their assent such prisoners to escape, they shall be at the law, as before the time of the statute they had been. And the king intendeth not by this statute to lose the escape, where he ought to V. Concerning prisoners which break prison, the 1 Punishment for Edw. 2. st. 2. E. & I. enacts, that none that breaketh breaking prison. 1 Fdw. 2. st. 2. prison shall have judgment of life or member for break E. & 1. 66. Where soner to escape, ing of prison only, except the cause for which he was taken and imprisoned, did require such judgment if he had been convict thereupon. VI. The 16 Geo. 2. c. 31. Eng. is a statute which a person seems peculiarly to belong to the head of rescue, consiassisting a pri- dered as a distinct substantive offence. By this statute shall be deemed (S. 1.) if any person shall, by any means, be aiding or assisting to any prisoner to attempt to make his escape 16 Geo. 2.c.31. from any gaol, although no escape be actually made, in case such prisoner then was attainted or convicted of treason, or any felony, except petit larceny, or law guilty of fe 1 lony. Eng. fully deemed a mis help an escape. fully committed to or detained in any gaol for treason, &c. expressed in the warrant of commitment or detainer, he shall be guilty of felony, and be transported for 7 years; and in case such prisoner then was convicted of, committed to, or detained in any gaol for petit larceny, or any other crime, not being treason or felony expressed in the warrant of his commitment, &c. or then was in gaol upon any process for any debt, damages, costs, sum or sums of money, amounting in the whole to £100. And where he shall be guilty of a misdemeanor, and be liable to demeanor.. fine and imprisonment. And by s. 2. if any person shall $ 2. convey, or cause to be conveyed into any gaol or prison, Conveying any ahy vizor or other disguise, or any instrument or arms disguise, &c. to proper to facilitate the escape of prisoners; and the when a felony same shall deliver, or cause to be delivered, to any prisoner in such gaol, or to any other person there for the use of such prisoner, without the consent or privity of the keeper or under-keeper of such gaol, &c. such person, although no escape or attempt to escape be actually made, shall be deemed to have delivered such vizor, &c. with an intent to assist such prisoner to escape, or attempt to escape; and in case such prisoner then was attainted or convicted of, or lawfully committed to or dedetained in gaol for, treason, or any felony (except petit larceny,) expressed in the warrant of commitment or detainer, such offender shall be guilty of felony, and be transported for 7 years; but in case the prisoner, to misdemeanor. whom, or for whose use, such vizor, &c. shall be so delivered, then was convicted, committed, or detained for petit larceny, or any other crime (not being treason or felony) expressed in the warrant, &c. or upon any process for any debt, damages, costs, sum or sums of money, amounting in the whole to £100, such offender shall be guilty of a misdemeanor, and be liable to fine and imprisonment. And by s. 3. if any person shall aid or assist any prisoner, to attempt to make his escape from the custody of any constable, or other officer or person who shall then have the lawful charge of such prisoner, charged with in order to carry him to gaol, by virtue of a warrant of treason or felocommitment for treason, or any felony (except petit lar- boat, &c. carryceny,) expressed in such warrant; or if any person shall transportation. be And when a s. 3. Felony to assist any person to escape from a constable, being my; or from any ing felons for $ 4. Limitution for prosecutions. S. 5. Persons ordered for transporta and found at large, how punished. be aiding or assisting to any felon to attempt to make his escape from on board any boat, &c. carrying felons for transportation, or from the contractor for the transportation of such felons, his assigns or agents, or any other person to whom such felon shall have been lawfully delivered for transportation, such offender shall be guilty of felony, and be transported for 7 years. Provided (s. 4.) that prosecutions for any of the said offences be commenced within one year after the offence. By s. 5. if any person who shall be ordered for transportation in pursuance of this act, shall return from transportation, or be at large in any part of Great Britain, without some tion by this act, lawful cause, before the expiration of the term for which he shall have been ordered to be transported, he shall be liable to the same punishment, and to the like methods of prosecution, &c. as other felons transported, or ordered to be transported are by the laws now in force., 15 16 Geo. 3. And the 15 & 16 Geo. 3. c. 21. s. 19. Ir. (as amended. c. 21. 19. Ir. by the 17 & 18 Geo. 3. c. 36. s. 7. Ir.) enacts that every e. 36. s. 7. Ir.) person, whether he be a prisoner or otherwise, who shall Breaking gaol by force or violence break any gaol or prison with an intention to rescue and enlarge anv prisoner therein cona capital jelony. fined on account of any offence, though the same be not capital, shall be guilty of felony without benefit of clergy. And by s. 20. every person who shall rescue Rescuing per any person committed by a justice of peace on a mittimus for treason, felony, or any of the offences hereinwhen a felony. before mentioned, (viz. tumultuous risings, &c.) punishable with death, from a constable, or any person legally authorized for that purpose, before the person so committed shall be lodged in gaol, shall be guilty of felony, without benefit of clergy.* Several other statutes in England and Ireland, contain also clauses incidentally providing for cases of rescue: which clauses will be found under the heads of the offences to which they more particularly relate. (17&18Ged. 3. with intent to rescue or escape, 8.20. sons from con stables, &c. § 7. VII. With respect to the offence of returning from transportation: The various statutes which annex the punishment * Vid. 15 & 16 Geo. 3. c. 21. s. 22 & 24. Ir. in the next chapter. |