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tious plaintiff, or in the name of a real person, but without his authority, commits a misdemeanor, and must, upon conviction thereof, be imprisoned for six months.

ARTICLE 157.

CONSPIRACY TO DEFEAT JUSTICE-DISSUADING WITNESSES

FROM TESTIFYING.

Every one commits a misdemeanor who

1

(a.) 1 conspires with any other person to accuse any person falsely of any crime, or to do anything to obstruct, prevent, pervert, or defeat the course of justice; or

(b.) 2 in order to obstruct the due course of justice, dissuades, hinders, or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

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(c.) obstructs or in any way interferes with, or knowingly prevents the execution of any legal process, civil or criminal.

ARTICLE 158.

INTIMIDATION OF WITNESSES BEFORE A ROYAL COMMISSION.

4Every one is guilty of a misdemeanor and is liable to a penalty not exceeding £100 or imprisonment for three months who

threatens or in any way punishes, damnifies or injures any person for having given evidence, or on account of the evidence which he has given, upon any inquiry, unless the evidence was given in bad faith; or attempts to do so.

5 The Court may order a person convicted of this offence

1 Every person convicted of an offence against clause (a.) is liable to be sentenced to hard labour. Wright on Conspiracies, 30; 14 & 15 Vict. c. 100, s. 29; cf. Draft Code, ss. 126, 7, 8.

21 Hawk. P. C. 64; R. v. Lady Lawley, 1721, Strange, 904; and see 5th Rep. C. L. C. p. 50, Art. 57.

3 Cases collected in 1 Russ. Cr. 558-561.

455 & 56 Vict. c. 65, s. 3.

5 Ibid. s. 4.

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to pay the whole or any part of the costs of the prosecution and conviction; and on the application of the complainant award compensation for loss of situation, wages, status, or other damnification or injury, through or by means of the offence; of which the amount is to be determined by the jury;1 and which may be recovered by the person entitled from the person convicted.

2 In this Article "inquiry" means any inquiry held under the authority of any Royal Commission or by any Committee of either House of Parliament, or pursuant to any statutory authority whether the evidence at such inquiry is or is not given on oath, but does not include any inquiry by any Court of Justice.

1 55 & 56 Vict. c. 65, s. 5.

2 Ibid. s. 1.

CHAPTER XV.

ESCAPE-RESCUE-PRISON-BREACH-MISPRISIONS—

COMPOUNDING OFFENCES

ARTICLE 159.

VOLUNTARY PERMISSION BY OFFICERS OF ESCAPES BY PRISONERS,

1 EVERY one who knowingly, and with an intent to save him from trial or execution, permits any person in his lawful custody to regain his liberty, otherwise than in due course. of law, commits the offence of voluntary escape; and

is guilty of high treason if the escaped prisoner was in his custody for and was guilty of high treason;

becomes an accessory after the fact to the felony of which the escaped prisoner was guilty, if he was in his custody for and was guilty of felony; and

is guilty of a misdemeanor if the escaped prisoner was in his custody for and was guilty of a misdemeanor.

ARTICLE 160.

NEGLIGENT PERMISSION BY OFFICERS OF ESCAPES BY
PRISONERS.

2 Every one is guilty of the misdemeanor called negligent escape who, by the neglect of any duty, or by ignorance of the law, permits a person in his lawful custody to regain his liberty otherwise than in due course of law.

It does not appear

1 2 Hawk. P. C. 192, 196, 197; 1 Russ. Cr. 569. what is the effect of voluntarily permitting the escape of a man lawfully charged, but innocent in fact. Draft Code, s. 138.

2 Ì Hale, P. C. 600-602; 2 Hawk. P. C. 194 (speaks doubtfully as to the second paragraph). Cf. Draft Code, s. 140.

The person escaping is deemed to have regained his liberty as soon as he gets out of sight of the person from whom he escapes, and not before.

ARTICLE 161.

SHERIFF PROCURING CONCEALMENT OR PERMITTING ESCAPE.

1Any person being a sheriff, under-sheriff, bailiff, or officer of a sheriff, whether within a franchise or without, is guilty of a misdemeanor and liable to imprisonment for not exceeding one year and to pay a fine, and if he has not wherewith to pay a fine, to imprisonment for three years, who

(a) conceals or procures the concealment of any felon ; (b) lets go at large a prisoner who is not bailable.

ARTICLE 162.

RESCUE DEFINED.

2 Rescue is the act of forcibly freeing a person from custody against the will of those who have him in custody. If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

ARTICLE 163.

QUALITY OF OFFENCE OF RESCUE.

3 Every one commits high treason, felony, or misdemeanor who rescues a prisoner imprisoned on a charge of, or under sentence for, high treason, felony, or misdemeanor respectively. Any offender convicted of such a misdemeanor is liable to be sentenced to hard labour.

4

150 & 51 Vict. c. 55, s. 29.

21 Russ. Cr. 582; 2 Hawk. P. C. 201.
3 Hale, P. C. 606; 1 Russ. Cr. 582-584.
4 14 & 15 Vict. c. 100, s. 29.

Draft Code, s. 136.

ARTICLE 164.

FELONIOUS RESCUES.

1 Whoever feloniously rescues any prisoner is liable to seven years penal servitude, or to imprisonment with hard labour for three years.

ARTICLE 165.

RESCUING MURDERERS.

2 Every one commits felony and is liable, upon conviction thereof, to penal servitude for life, who by force sets at liberty, rescues, or attempts to rescue, or set at liberty any person out of prison, committed for or found guilty of murder, or rescues or attempts to rescue any person convicted of murder, going to execution or during execution.

ARTICLE 166.

ASSISTING ESCAPE OF PRISONERS OF WAR.

3 Every one commits felony and is liable, upon conviction thereof, to penal servitude for life, who

(a) assists any alien enemy of Her Majesty, being a prisoner of war in Her Majesty's dominions, whether such prisoner is confined as a prisoner of war in any prison or other place of confinement, or is suffered to be at large on his parole in Her Majesty's dominions or in any part thereof, to escape from such prison or place of confinement, or from Her Majesty's dominions, if at large on his 5 parole; or

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(b) who (owing allegiance to Her Majesty) after any

1 1 & 2 Geo. 4, c. 88, s. 1. The offence was formerly a clergyable felony, so that this enactment increased the punishment.

2 25 Geo. 2, c. 37, s. 9. As to punishment, 7 Will. 4 & 1 Vict. c. 91. Cf. Draft Code, s. 135.

3 52 Geo. 3, c. 156.

4 Ibid., s. 1.

5 Ibid., s. 2.

6 Ibid., s. 3.

Draft Code, s. 131.

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