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CHAPTER V.

OFFENCES AGAINST PUBLIC JUSTICE.

SECTION I.

Escape, Breach of Prison, and Rescue.

32 Geo. 3, c. 27, s. 3.—That if any person confined in any Escaping such penitentary house (a), shall escape or depart from such from penipenitentiary house, without the order of the lord lieutenant or tentiary. other chief governor of Ireland, before the time, for which he or she was under sentence or rule of transportation, be expired, and be found at large in this kingdom; such person being duly convicted thereof, shall suffer such punishment as a person duly transported and returning to this kingdom, is now by law liable to suffer.

same,

4. That if any person shall receive any person duly confined Receiving in such penitentiary house, or assist in breaking open the or assisting persons so in order to free any person therein duly confined, or shall assist escaping; any person so duly confined in making his escape therefrom; felony, the person so offending, being duly convicted, shall be considered guilty of felony, and suffer death as a felon, without benefit of clergy.

death,

ders con

51 Geo. 3, c. 63, s. 5.-That if any person shall rescue any Aiding resoffender who by force of this act shall be ordered to hard labour cue of offenin any house of correction or penitentiary as aforesaid, either in demned to his conveyance to the place so appointed for such hard labour, hard labor in penitentiary. or whilst such offender under this act shall be in the custody of the person or persons appointed for that purpose; or if any person shall be aiding or assisting in such rescue; or if any person, not having the actual custody of any such offender, shall be aiding and assisting in any escape, or shall, by supplying arms or instruments of disguise or escape, or otherwise, in any manner be aiding and assisting in the attempt to make any such escape, though no such escape shall be made; every such person, on being convicted of such offence by indictment before any court of oyer and terminer and general gaol delivery held in and for the place where such offence shall be committed, shall be by such court adjudged and ordered to the same

(a) The lord lieutenant is (s. 1.) authorised to appoint one or more penitentiary houses for the confinement, at hard labour, of persons under rule of transportation.

51 G. 3, c. 63. portion of hard labour in some house of correction, as the person rescued or escaped, or attempted to be aided in any escape, had to serve or suffer at the time of such rescue, escape, or attempt of an escape.

Escape of offenders.

Mode of proceeding to conviction in such case.

soners of war to es

6. That if any person who shall be so ordered to hard labour as aforesaid, shall, at any time during the term for which he or she shall be so ordered to hard labour, break prison, or escape from the place of his or her confinement, or from the person or persons having the lawful custody of such offender; he or she so breaking prison or escaping, shall on conviction for the first escape, be punished by doubling the term of the service and hard labour to which he or she was liable at the time of such escape; and on conviction for a second escape. be adjudged guilty of felony without benefit of clergy, and suffer death accordingly.

7. And to the intent that such conviction or convictions may be had with as little trouble and expence as possible, be it further enacted, that every offender or offenders escaping in manner aforesaid may and shall be tried before the justices of assize, oyer and terminer, or gaol delivery for the county, city, or place, where he, she, or they shall be apprehended and taken; and that the clerk of the peace where such order of confinement and hard labour shall be made, and his successor for the time being, shall, at the request of the prosecutor or any other in his majesty's behalf, certify a transcript briefly and in few words, containing the effect of every indictment and conviction of such person, and of the order made for his or her confinement and hard labour, to the justices of assize, oyer and terminer, and gaol delivery, where such person shall be indicted for any such escape, not taking for the same above the sum of two shillings and six pence; which certificate, being produced in court, shall be a sufficient proof that such person or persons have before been convicted and ordered to such place of confinement and hard labour.

52 Geo. 3, e. 156, s. 1.-Whereas many prisoners of war confined and on parole in different parts of his majesty's dominions, have of late escaped by the aid and assistance of many of his majesty's subjects and others; and it is necessary to repress such practices and violations of the allegiance due to his majesty, and of the law, by more effectual punishment; be it Aiding pri- therefore &c., that every person who shall, from and after the passing of this act, knowingly and wilfully aid or assist any alien enemy of his majesty, being a prisoner of war in his majesty's dominions, whether such prisoner shall be confined as a prisoner of war in any prison or other place of confinement, or shall be suffered to be at large in his majesty's dominions or any part thereof on his parole, to escape from such prison or other place of confinement, or from his majesty's dominions, if at large upon parole, shall, upon being convicted thereof, be adjudged guilty of felony, and be liable to be transported as a felon, for life or for such term of fourteen or seven

cape; felony.

years, as the court before whom such person shall be convicted 52 G. 3, c. 156 shall adjudge.

Offence

2. Provided always, and be it further enacted, that every complete, person who shall knowingly and wilfully aid or assist any such though no prisoner at large on parole in quitting any part of his majesty's aid be given to quit the dominions where he may be on his parole, although he shall not coast. aid or assist such person in quitting the coast of any part of his majesty's dominions, shall be deemed guilty of aiding the escape of such person under the provisions of this act.

3. That if any person or persons owing allegiance to his Assisting on majesty, after any such prisoner as aforesaid hath quitted the high seas, prisoner coast of any part of his majesty's dominions in such his escape to escape. as aforesaid, shall knowingly and wilfully, upon the high seas, aid or assist such prisoner in his escape to or towards any other dominions or place; such person shall also be adjudged guilty of felony, and be liable to be transported as aforesaid: and such offences committed upon the high seas and not within the body of any county, shall and may be inquired of, tried, heard, determined, and adjudged in any county within the realm, in like manner as if such offences had been committed within such county.

secution

4. That this act shall not be deemed or taken to prevent any This act shall person committing any offence mentioned in this act, from not bar probeing prosecuted in such manner as he might by law have been under any prosecuted if this act had not passed; but nevertheless, no per- other law; but the party son prosecuted otherwise than under the provisions of this act not to be shall be liable to be prosecuted for the same offence under the provisions hereof; and no person prosecuted under the provisions of this act shall, for the same offence, be liable to be otherwise prosecuted.

twice prose

cuted.

1 & 2 Will. 4, c. 44, s. 4.—That from and after the passing Breaking of this act, every person or persons who shall by force or vio- gaol; translence break open any gaol, prison, or bridewell, with an intention Portation of imprisonto rescue and enlarge him, her, or themselves, or any other ment, prisoner or prisoners therein confined on account of any offence, though the same be not capital; all and every person or persons who shall commit such offence, and shall be found guilty thereof, shall be transported beyond the seas for the term of his natural life, or for the term of seven or fourteen years, or be imprisoned, with or without hard labour, for any term not exceeding three years, and if a male, be once, twice, or thrice publicly or privately whipped, if the court shall think fit, in addition to such imprisonment, and shall and may be tried before the trial of the person or persons so enlarged, any law or statute to the contrary in anywise notwithstanding.

5. That every person who shall rescue any person committed Rescuing by a justice of the peace on a mittimus, for treason, felony, or prisoners; any of the offences herein before mentioned (a), punishable with ation or im

transport

prisonment.

(a) See pp. 165, 166, and 167.

c. 44.

1 & 2 W. 4, transportation, from a constable or any person legally authorized for that purpose, before the person or persons so committed shall be lodged in gaol, shall, on being found guilty thereof, be transported beyond the seas for the term of his natural life, or for the term of seven or fourteen years, or be imprisoned, with or without hard labour, for any term not exceeding three years, and if a male, be once, twice, or thrice publicly or privately whipped, if the court shall think fit, in addition to such imprisonment.

Rescuing convicts of murder felony, death.

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Rescuing the body of

murder;

felony.

31 Geo. 3, c. 17, s. 10.-That if any person or persons shall by force set at liberty or rescue, or attempt to rescue or set at liberty, any person out of prison, who shall be committed for, or found guilty of murder; or rescue or attempt to rescue any person convicted of murder going to execution, or during execution; every person so offending shall be deemed, taken, and adjudged to be guilty of felony, and shall suffer death without benefit of clergy.

11. That if any person or persons shall, after such execution a convict of had, by force rescue, or attempt to rescue the body of such offender out of the custody of the sheriff or his officers, during the conveyance of such body to any of the places hereby directed, or shall by force rescue, or attempt to rescue such body from the company of surgeons, or their officers or servants, or from any county infirmary, or the house of any surgeon, or other place where the same shall have been deposited, in pursuance of this act (a); everyperson so offending shall be deemed and adjudged to be guilty of felony, and shall be liable to be transported for the term of seven years, in like manner as is directed by the laws now in force relating to the transportation of felons, and shall be subject to the like punishment and methods of conviction, in case of returning into, or being found at large within the kingdom of Ireland, within the said term of seven years, in all respects as by law other felons are subject to, in case of unlawfully returning from transportation.

Rescuing

demeanor.

6 Geo. 4, c. 43, s 2-That if any person, at any time after cattle, or in the passing of this act, shall rescue any cattle which shall have juring pound; mis. been lawfully seized for the purpose of being impounded, or shall break down, injure, or destroy any pound legally constituted, whether any cattle shall be impounded therein or not, or shall commit any pound breach or rescue, whereby any cattle of any description shall escape or be enlarged from any such pound; every such person shall be deemed guilty of a misdemeanor; and upon conviction of such offence, either at the assizes or quarter sessions of the county or place where such pound shall be situated, shall be liable to suffer fine and impri

(a) Viz. In the hall of the surgeons' company, or such other place as the company shall appoint, in case of prisoners executed in Dublin; and in the county infirmary, in all other cases.

sonment, at the discretion of such court before whom such 6 G. 4, c. 43. offender shall be tried and convicted.

1 & 2 Geo. 4, c. 88 (a), s. 1.—Whereas divers daring attempts have of late been made to effect the rescue or prevent the detention of persons charged with, or committed for, or on suspicion of felony: and whereas it might tend more effectually to prevent the commission of such offences, if further provisions were made for the punishment of persons who may hereafter be convicted thereof, as are hereinafter enacted; be it therefore &c., Rescuing that from and after the passing of this act, if any person shall persons charged with rescue, or aid and assist in rescuing, from the lawful custody of felony. any constable, officer, headborough, or other person whomsoever, any person charged with, or suspected of, or committed for any felony, or on suspicion thereof; then, if the person or persons so offending shall be convicted of felony, and be entitled to the benefit of clergy, and be liable to be imprisoned for any term not exceeding one year, it shall be lawful for the court by or before whom any such person or persons shall be convicted, to order and direct, in case it shall think fit, that such person or persons, instead of being so fined and imprisoned as aforesaid, shall be transported beyond the seas for seven years, or be imprisoned only, or be imprisoned and kept to hard labour in the common gaol, house of correction, or penitentiary house, for any term not less than one and not exceeding three years.

SECTION 2.

Returning from Transportation.

8 Geo. 1, c. 9 (b), s. 1.—Whereas the laws in being have not proved effectual for the suppressing of robberies, burglaries, and other felonies, and for the transporting of felons and vagabonds; and some of the said laws want to be amended: and whereas some felons and vagabonds, who have been ordered to be transported, have already, and others may hereafter come on shoar and return to this kingdom of Ireland before or after they have been actually transported to America, or may break gaol, or escape before such transportation: be it &c., that if any felon Offenders or felons, vagabond or vagabonds, who have been or shall be sentenced to transpor. ordered to be transported pursuant to any of the statutes now tation, in force in this kingdom, shall afterwards break gaol, or escape, and breaking or be at large within any part of this kingdom of Ireland, gaol; felony. without some lawful cause, before the expiration of the term

(a) Entitled “ An act for the amendment of the law of rescue.”

(b) This act, which had expired, has been revived and perpetuated by the act 31 Geo. 3, c. 44.

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