the Sabbath.

Profanation of the Sabbath is an offence which has Profanation of been brought into prominence through recent prosecutions. The statute of Charles II. provides that no person may do any work of his ordinary calling upon the Lord's Day, works of necessity and charity only excepted, under penalty of five shillings. Nor may any one expose to sale any wares, on penalty of forfeiting his goods; nor may drovers, &c., travel, under a penalty of forty shillings (r). But no prosecution for such offence may be commenced without the consent of the chief officer of the district, or of two justices, or of a stipendiary magistrate (s).

Places of amusement, debate, &c., open on Sunday, admission to which is paid for, are to be deemed disorderly houses, and as such may be suppressed, and the keeper fined or imprisoned (t). The Crown has, however, recently been empowered to remit the penalties (u).

other acts

Certain practices which were at one time criminally Heresy, and punishable, are now no longer so. Heresy which con- no longer sists not in a total denial of Christianity, but in an punishable open denial of some of its principal doctrines, as held criminally. by the church, has been again subjected only to ecclesiastical correction, pro salute animæ (x). Offences against the National Church which are either negative, that is, Nonconformity, or positive, by reviling its ordinances, &c. (y), though nominally liable to legal penalties, are never practically made the subjects of prosecution (z).

29 Car. 2, c. 7.

34 & 35 Vict. c. 87, continued by subsequent statutes.

(t) 21 Geo. 3, c. 49; v. p. 135.

(u) 38 & 39 Vict. c. 80; v. Terry v. Brighton Aquarium Co., L. R. 10 Q. B. 306.

(x) 29 Car. 2, c. ; 4 Bl. 49.

(y) v. 1 Edw. 6, c. 1; 1 Eliz. c. 2.

(z) As to Simony v. 4 St. Bl. 238; 2 St. Bl. 271.

CHAPTER IV.

OFFENCES AGAINST PUBLIC JUSTICE.

IN the first place we shall treat of that class of offences. against public justice which consist in avoiding oneself, or assisting another to avoid, the punishments awarded by a court of justice.

Escape; Breach of Prison; Being at large during a term of Penal Servitude; Rescue; Obstructing Lawful Arrest.

Escape, breach of prison, and

rescue distinguished.

Escape from officers.

ESCAPE.

The distinction between the first two and fourth offences has been thus put:-Where the liberation of the party is effected either by himself or others, without force, it is more properly called an escape; where it is effected by the party himself, with force, it is called prison breaking; where it is effected by others, with force, it is commonly termed a rescue (a). We have to consider the cases of delinquents in three positions: the prisoner who escapes; the person who aids him; those in whose custody he is, whether officers of the law or private individuals.

If a prisoner escapes out of the custody of the constable, before he is imprisoned, he is punishable with fine and imprisonment.

Officers who, after an arrest, negligently allow a prisoner to escape are punishable with fine; if they

(a) v. 1 Russ. 577, 582; 1 Hale, P. C. 590.

voluntarily permit it, they are deemed guilty of the same offence and are liable to the same punishment as the prisoner who escapes from their custody; and this whether the latter has been committed to gaol, or is only under bare arrest. But the officer cannot be thus punished for a felony until after the original offender has been convicted. Before the conviction, however, he may be fined and imprisoned as for a misdemeanor. The allowing the escape is punishable criminally only if the original imprisonment were for some criminal matter.

persons.

Private individuals having persons lawfully in their Escape from custody, who negligently allow an escape, are punishable private by fine or imprisonment, or both; if voluntarily, they are punishable as an officer would be under the same circumstances. Of course at any time they may deliver the person in charge over to an officer.

Aiding in the escape of a prisoner from a prison, Aiding to other than a convict, military, or naval prison (b), or, escape. with intent so to aid, conveying to him a mask, disguise, instrument, or any other thing, is a felony punishable with imprisonment to the extent of two years (c). Aiding a prisoner in custody for treason or felony to make his escape from the constable or officer conveying him under a warrant to prison is a felony punishable with penal servitude to the extent of seven years (d). Aiding a prisoner of war to escape is a felony punishable with penal servitude for life (e).

BREACH OF PRISON.

The consequences of breach of prison vary according Breach of to the crime for which the prisoner is in custody. If prison.

(b) As to these see the statutes quoted in Arch. 838-9.

(c) 28 & 29 Vict. c. 126, s. 37.

(d) 16 Geo. 2, c. 31, s. 3.

(e) 52 Geo. 3, c. 156.

he is in custody for treason or felony, the breach is also felony and punishable by penal servitude to the extent of seven years; and in the case of a man also by whipping once, twice, or thrice (ƒ). If he is in custody for any other offence, the breach is a misdemeanor, and punishable by fine and imprisonment. There seems also to be this difference between the two cases -in the first, it must be proved that the prisoner escaped; in the second, this is not necessary.

To constitute this offence there must be an actual breaking, though it need not be intentional. Merely getting over the wall and the like is an escape only. It will be a sufficient defence to prove that the prisoner has been indicted for the original offence and acquitted; otherwise it is not material whether the accused was guilty of the original offence or not.

"Prison" here includes any place where one is lawfully imprisoned, whether upon accusation or after conviction; for example, in the gaol or constable's house.

Escape from penal servitude.

BEING AT LARGE DURING TERM OF PENAL SERVITUDE.

Penal servitude was substituted for transportation in the year 1857 (g); but the incidents of the latter attach to the former.

For a convict to be at large without lawful authority, which it lies on him to prove, before the expiration of the term of transportation or penal servitude to which he was sentenced, is a felony punishable by penal servitude even to the extent of life, and previous imprisonment not exceeding four years; or else by imprisonment not exceeding two years (h).

(f) 1 Edw. 2, st. 2, c. 1, in Revised Statutes 23 Edw. 1. Stat. de frang. pris.

(g) 20 & 21 Vict. c. 3.

(h) 5 Geo. 4, c. 84, s. 22; 4 & 5 Wm. 4, c. 67.

RESCUE.

Rescue is the forcibly and knowingly freeing another Rescue. from arrest or imprisonment. If the original offender is convicted, the rescuer is guilty of the same offence as such original, whether it be treason, felony, or misdemeanor. If the rescuer is thus convicted of felony, the punishment is penal servitude to the extent of seven years, or imprisonment from one to three years (i); if of misdemeanor, fine or imprisonment, or both. If the original is not convicted, nevertheless the rescuer may be punished by fine and imprisonment as for a misdemeanor (j).

Rescuing or attempting to rescue a person convicted of murder, whilst proceeding to execution; or rescuing out of prison a person committed for or convicted of murder, is a felony punishable with penal servitude to the extent of life, or imprisonment not exceeding three years (k).

Rescuing or attempting to rescue an offender sentenced to penal servitude from a person charged with his removal, is a felony punishable in the same way as if the party had been in gaol (1).

Another offence somewhat of the same character, Poundbreach. cattle instead of persons being rescued from the custody of the law, is Poundbreach. To rescue cattle distrained for rent or for damage feasant is a misdemeanor at common law, punishable by fine and imprisonment, or both.

OBSTRUCTING LAWFUL ARREST, ETC.

To prevent the execution of lawful process is at all Obstructing times an offence, but more especially so when the lawful arrest.

(i) 1 & 2 Geo. 4, c. 88, s. 1.

2 Hawk. c. 21, s. 8.

(k) 25 Geo. 2, c. 37, s. 9; 7 Wm. 4 & 1 Vict. c. 91, s. 1.

() 5 Geo. 4, c. 84, s. 22.