thereof, to penal servitude for life, or for fourteen years, or for seven years, or to be imprisoned with or without hard labour for a maximum period of two years, 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 2 parole; or

(b.) Who (owing allegiance to Her Majesty) after any 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 150.

RESCUING REVENUE PRISONERS.

Every one commits a misdemeanor and is liable upon conviction thereof to a fine of one hundred pounds who rescues any person apprehended for any offence punishable by fine or imprisonment under the Customs Acts, or prevents, or attempts to prevent, his apprehension or aids, abets, or assists in committing any such offence.

ARTICLE 151.

HELPING TO ESCAPE FROM PRISON.

5 Every one commits felony and is liable upon conviction to be sentenced to imprisonment with hard labour for a term not exceeding two years, who aids any prisoner in escaping

152 Geo. 3, c. 156, s. 1.

2 Sect. 2.

3 Sect. 3.

39 & 40 Vict. c. 36, s. 187. This section also contains provisions as to several revenue offences which I omit as too special for this work, and for assaults on customs officers, as to which see Article 236 (b.) and (c.).

528 & 29 Vict. c. 126, s. 37. The word not confined to things ejusdem generis. L. R. 1 C. C. R. 27. Draft Code, s. 137.

".

'thing at the end of the section is It includes a crowbar: R. v. Payne,

1

or attempting to escape from any 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.

ARTICLE 152.

ESCAPE BY PERSONS IN CUSTODY.

3

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

4

ARTICLE 153.

BREAKING PRISON.

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, 3 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.

Illustrations.

(1.) 5A, 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 152).

(2.) On the top of the prison wall loose bricks are arranged so as to

1 "Prison" includes 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 (sect. 4).

22 Hawk. P. C. 182. Draft Code, ss. 133, 4.

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

42 Hawk. P. C. 183-189; 1 Rus. Cr. 592-5. 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. Draft Code, s. 132.

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

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.

ARTICLE 154.

ESCAPING FROM CERTAIN PRISONS.

1 Every convict confined in Pentonville or Millbank prison 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 Millbank or Pentonville prisons, 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 confinement.

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 any 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.

2

As to Parkhurst Prison, 1 & 2 Vict. c. 82, s. 12; Pentonville, 5 & 6 Vict. c. 29, s. 24; Millbank, 6 & 7 Vict. c. 26, s. 22.

This word does not apply to Pentonville.

ARTICLE 155.

TRANSPORTS OR PERSONS SENTENCED TO PENAL SERVITUDE

BEING AT LARGE.

1 Every one commits felony and is liable, upon conviction thereof, to be kept in penal servitude for life, as a maximum punishment, and to be previously imprisoned with or without hard labour for any term not exceeding four years,

(a.) Who having been sentenced or ordered to be transported, or kept in penal servitude, or having agreed to transport himself on certain conditions, 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 te be transported or kept in penal servitude, or agreed to transport himself;

(b.) 2 Who aids, abets, counsels, or procures the commission of the offence defined in clause (a.).

3

ARTICLE 156.

MISPRISION OF TREASON.

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 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.

4

ARTICLE 157.

MISPRISION OF FELONY.

Every one who knows that any other person has committed felony and conceals or procures the concealment

15 Geo. 4, c. 84, s. 22.

Code, s. 130.

2 4 & 5 Will. 4, c. 67.

Punishment altered by 4 & 5 Will. 4, c. 67. Draft

31 Hawkins, P. C. 60. As to punishment, ii. 630; 1 Hale, P. C. 371-4. See Note IX. Cf. Draft Code, s. 18.

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

thereof, is guilty of misprision of felony, and upon conviction thereof the offender, if a sheriff, coroner, or their bailiff, "shall have one year's imprisonment and after make a "grievous fine" at the discretion of the 2 Court, "and if they "have not whereof they shall have imprisonment of 3 three 66 'years."

In other cases the offender is guilty of a misdemeanor.

ARTICLE 158.

AGREEMENT NOT TO PROSECUTE.

4 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 shew favour to any person in any such prosecution.

ARTICLE 159.

COMPOUNDING PENAL ACTIONS.

5 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 [whether any offence has in fact been committed or not].

13 Edw. 1, c. 9.

2 The words "at the king's pleasure," mean this; see 1 Hale, P. C. 375 Others read "four." See Revised Statutes.

42 Hale, P. C. 619. Precedents of indictment, 2 Chit. Crim. Law, 219.

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

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