such prisoner as aforesaid has quitted the coast of any part of Her Majesty's dominions in such his escape, knowingly and wilfully upon the high seas aids or assists such prisoner in his escape towards any other dominions or place.

ARTICLE 167.

ASSISTING ESCAPE FROM A CONSTABLE OR PEACE OFFICER.

1 Every person who aids or assists any prisoner to attempt to make his escape from the custody of any constable or other officer or person who then has the lawful charge of him in order to carry him to gaol by virtue of a warrant of commitment for treason or any felony (except petty larceny) expressed in such warrant is guilty of felony and liable to seven years penal servitude.

ARTICLE 168.

HELPING TO ESCAPE FROM PRISON.

2 Every one commits felony and is liable upon conviction to be sentenced to imprisonment with hard labour for two years, who aids any prisoner in escaping or attempting to escape from any 3 prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison, any mask, dress, or other disguise, or any letter, or any other article or thing.

1 16 Geo. 2, c. 31, s. 3. This section also contains the punishment for the rescuing of prisoners from transport vessels, now obsolete.

66

2 28 & 29 Vict. c. 126, s. 37. The word thing" at the end of the section is not confined to things ejusdem generis. It includes a crowbar : R. v. Payne, 1866, 1 C. C. R. 27. Draft Code, s. 137.

3 "Prison 66 means gaol, house of correction, bridewell, or penitentiary." It also includes "the airing-grounds or other grounds or buildings occupied by prison officers for the use of the prison, or contiguous thereto," 28 & 29 Vict. c. 176, s. 4.

ARTICLE 169.

ESCAPE BY PERSONS IN CUSTODY.

1 Every one commits a misdemeanor, and is liable upon conviction thereof, to imprisonment with hard labour, who, being lawfully in custody for any criminal offence, escapes from that custody.

ARTICLE 170.

BREAKING PRISON.

3 Every one commits felony who, being lawfully detained on a charge of, or under sentence for, treason or felony, breaks out of the place in which he is so detained, against the will of the person by whom he is detained.

If the offender is detained under a charge of misdemeanor the offence of breaking out of the place of confinement is a misdemeanor, and is liable on conviction to be sentenced to hard labour.

The expression "breaks out" means an actual breaking of the place in which the party is confined, whether intentional

or not.

4

Illustrations.

(1.) * A, lawfully confined in prison under a charge of felony, climbs over the prison wall and escapes. A has not committed an offence within this Article (though he has within Article 169).

(2.) On the top of the prison wall loose bricks are arranged so as to fall if disturbed. In climbing over the wall A accidentally disturbs and throws down one of them. A has committed an offence within this Article.

1 2 Hawk. P. C. 183. Draft Code, ss. 133, 4.

2 14 & 15 Vict. c. 100, s. 29.

3 2 Hawk. P. C. 183-189; 1 Russ. Cr. 577-581. There is a good deal of learning on the subject founded on 1 Edw. 2, st. 2, "De frangentibus prisonam," but it is mostly practically obsolete. This statute is not mentioned in the Revised Statutes or in the Chronological Table of Statutes. Draft Code, s. 132.

R. v. Haswell, 1821, R. & R. 458.

ARTICLE 171.

ESCAPING FROM CERTAIN PRISONS.

1 Every convict confined in Pentonville and every offender ordered to be confined in Parkhurst Prison is liable to the consequences hereinafter mentioned who

at any time during the term of his imprisonment breaks prison; or

who, while being conveyed to such prison, escapes from any person having the lawful custody of him; or

who (being ordered to be confined in Parkhurst Prison) escapes from the place of his confinement, or from any lands belonging to the prison.

Every such offender may for his first offence be punished by an addition to the term of his imprisonment, not exceeding three years in the case of prisoners confined in Pentonville Prison, and two years in the case of prisoners under sentence of imprisonment in Parkhurst Prison. Offenders under sentence of penal servitude in Parkhurst Prison are liable to be punished in the same manner as other persons under sentence of penal servitude escaping from their place of confine

ment.

If any offender punished by such addition as aforesaid to his term of imprisonment is afterwards convicted of a second escape or breach of prison he is guilty of felony.

Every person confined in either of the said prisons is liable. to be punished by an addition not exceeding twelve months to the term of his imprisonment who attempts to break prison (or in the case of Parkhurst Prison to escape from the place of his confinement), or forcibly breaks out of his cell, or makes any breach therein with intent to escape therefrom.

1 As to Parkhurst Prison, 1 & 2 Vict. c. 82, s. 12; Pentonville, 5 & 6 Vict. c. 29, s. 24. This Article formerly applied to Millbank Prison now pulled down; see 6 & 7 Vict. 626 now repealed.

ARTICLE 172.

POUNDBREACH.

1 Every one is guilty of a misdemeanor who forcibly rescues goods distrained, or rescues cattle by breach of the pound where they have been placed.

ARTICLE 173.

TRANSPORTS OR PERSONS SENTENCED TO PENAL SERVITUDE BEING AT LARGE.

2 Every one commits felony and is liable, upon conviction. thereof, to be kept in penal servitude for life

(a.) who, having been sentenced to be kept in penal servitude, either for life or for any number of years, is afterwards at large within any part of Her Majesty's dominions, without some lawful cause, before the expiration of the term for which he was ordered to be kept in penal servitude; or

(b.) 3 who aids, abets, counsels, or procures the commission of the offence defined in clause (a.).

ARTICLE 174.

MISPRISION OF TREASON.

4 Every one who knows that any other person has committed high treason, and does not within a reasonable time give information thereof to a judge of assize, or a justice of the peace, is guilty of misprision of treason, and must upon

1 See 1 Russell Cr. 560, 2 Chitty's Crim. Law, p. 203, and the authorities quoted in Note (a.) p. 205. It is doubtful whether poundbreach is an offence when it is unaccompanied by a breach of the peace. 25 Geo. 4, c. 84, s. 22. Punishment altered by 4 & 5 Will. 4, c. 67. Draft Code, s. 130.

3 4 & 5 Will. 4, c. 67. 41 Hawkins, P. C. 60. 371-4. See Note IV. Cf.

As to punishment, ii. 630; 1 Hale, P. C. Draft Code, s. 18.

conviction thereof be sentenced to imprisonment for life, and to forfeit to the Queen all his goods and the profits of his lands during his life.

1

ARTICLE 175.

MISPRISION OF FELONY.

has com

Every one who knows that any other person mitted felony and conceals or procures the concealment thereof, is guilty of misprision of felony, which, though formerly a felony is now a misdemeanor.

As to the punishment see ante, Art. 18.2

3

ARTICLE 176.

AGREEMENT NOT TO PROSECUTE.

Every one commits a misdemeanor who, in respect of any valuable consideration, enters into an agreement not to prosecute any person for felony, or to show favour to any person in any such prosecution.

ARTICLE 177.

COMPOUNDING PENAL ACTIONS.

4 Every one commits a misdemeanor, who, having brought, or under colour of bringing, an action against any person under any penal statute in order to obtain from him any penalty, compounds the said action without order or consent of the Court [5 whether any offence has in fact been committed or not].

11 Hawkins, P. C. 73. See Note IV.

2 The punishment was formerly provided by 3 Edw. 1, c. 9; but this Statute was repealed by 50 & 51 Vict. c. 55, s. 39.

219.

31 Hale, P. C. 619. Precedents of indictment, 2 Chitt. Crim. Law, It is not necessary to allege that the defendant did actually desist from prosecuting. R. v. Burgess, 1885, 16 Q. B. D. 141.

18 Eliz. c. 5, ss. 4, 5 (very much compressed). The punishment was the pillory, but see 56 Geo. 3, c. 138, s. 2 now repealed. See also R. v. Southerton, 1805, 6 Ea. 126; R. v. Gotley, 1805, Russ. & Ry. 84.

R. v. Best, 1840, 2 Moo. C. C. 124.