Rescue

The forcibly and knowingly freeing another from arrest or imprisonment.

4 Bla. Com. 131.

A deliverance of a prisoner from lawful custody by a third person.

2 Bish. Cr. Law § 1065; 1 Russ. Cr. § 597.

Taking and setting at liberty, against law, a distress taken for rent, services, or damage feasant. Bacon, Abr. Rcscons. if the rescued prisoner tvas arrested for felony, then the rescuer is a felon; if for treason, a traitor; 3 P. Wms. 468; Cro. Car. 583; and if for a trespass, he is liable to a fine as if he had committed the original offence; Hawk. PI. Cr. b.

5, c. 21. See U. S. v. Dodge, 2 Gall. 313, Fed. Cas. No. 14,975; Russ. & R. 432.

If the principal be acquitcontempt of public justice; 1 Hale, PI. Cr. A reservation is distinguished from an ex- 598. ception in that it is of a new right or inter- In order to render the rescuer criminal, est; thus, a right of way reserved at the time it is necessary he should have knowledge of conveying an estate, which may have been that the person whom he sets at liberty has enjoyed by the grantor as owner of the esbeen apprehended for a criminal offence, if tate, becomes a new right. State v. Wilson, he is in the custody of a private person; but 42 Me. 9. Sometimes the terms are used inif he be under the care of a public o dicer, discriminately and what is designated by then he is to take notice of it at his peril; one in the deed is construed to be the other 1 Hale, PI.

Cr. 606.

See 1 Car. & M. 299. by the court; Wellman v. Churchill, 92 Me. A departure from an unlawful imprison- 193, 42 Atl. 352; Stone v. Stone, 141 la. 438, ment or custody is not an escape; and one 119 N. W. 712, 20 L. R. A. (N. S.) 221, 18 who, without violence, assists a person who Ann. Cas. 797. A reservation is never of a is confined without authority of law to de- part of the real estate granted but something part from his place of confinement, is not taken back out of it; while an exception is guilty of the crime of assisting a prisoner of some part of the estate not granted; to escape; People v. Ah Teung, 92 Cal. 421, Youngerman v. Board of Sup’rs, 110 la. 731, 28 Pac. 577, 15 L. R. A. 190; State v. Leach, 81 N. Wi 166; the former applies to some- 7 Conn. 452, 18 Am. Dec. 113. See Breach thing that did not exist before; the latter, of Prison; Escape. where the subject already exists; Sheffield The rescue of cattle and goods distrained Water Co. v. Tanning Co., 225 Pa. 614, 74 by pound-breach is a common-law offense and Atl. 742. indictable; 7 C. & P. 233; Com. v. Beale, 5 An easement may be acquired by the gran- Pick. (Mass.) 514. tor of a deed poll by a clause of reservation; In Maritime Law. The retaking by a party and the technical distinction between resercaptured of a prize made by the enemy. vation and exception will be disregarded, and There is still another kind of rescue which the language used so construed as to effectupartakes of the nature of a recapture: it ate the intention of the parties; Haggerty occurs when the weaker party, before he is v. Lee, 50 N. J. Eq. 464, 26 Atl. 537. overpowered, obtains relief from the arrival See Exception. of fresh succors, and is thus preserved from A reservation may be of a life-estate; Colthe force of the enemy. 1 C. Rob. 224, 271; by v. Colby, 28 Vt. 10; Logan’s Adm’r v. Halleck, Int. Law cxxxv Caldwell, 23 Mo. 373; of a right of flowage; Rescue differs from recapture. The res- Moulton v. Faugh t, 41 Me. 298; right to use cuers do not by the rescue become owners of water; Hammond v. Woodman, 41 Me. 177, the property, as if it had been a new prize; 66 Am. Dec. 219; Olmsted v. Loomis, 9 N. Y. but the property is restored to the original 423; right of way; Hart v. Connor, 25 Conn. owners by the rule of postliminium.

331; Brown v. Thissell, 6 Cush. (Mass.) 254;