Escape

[L. Lat. escapium, eschapium, from L. Fr. eschaper, escapper; Lat. ^ffugercy to fly from.] In practice. A violent or privy evasion out of some lawful restraint.

Cowell.

The gaining one's liberty after being arrested or imprisoned

before being delivered by course of law.

4 Steph. Com. 264.

Termes de la ley

Any liberty given to a prisoner not authorized by law.

6 Mass. R. 310.

An escape from arrest under civil process is either negligent or voluntary; negligent, where the party escapes, vrithout the knowledge or consent of the sheriff or his ofl Scer; voluntary, where the sheriff or his officer permits him to go at large.

3 Bl. Com, 416. 1 Archb. Fr. 85. Sewel Vs Sheriff, 441.

If a defendant, having been once taken in execution, be afterwards seen at large for any, the shortest time, even before the return of the writ, it is an escape, unless it be by consent of the plaintiff himself, given previously to, or at the time of the discharge, founded on a good consideration, or under the authority of a writ of habeas corpus ad testificandum, or where the defendant has been discharged under an insolvent act.

8 Johnson* s R. 472. 10 Id. 220. 16 Id. 181. 18 Id. 48. 1 Salh. 271. 1 Show. 174. 3 Wendel Vs R. 184. 1 Burr, Fr. 312.

U. S. Digest db Supplement, Escape. The escape of a person lawfully arrested for crime is itself a crime punishable by fine and imprisonment.

4 Steph. Com. 254. See Wharton* s Am. Crim. Law, 561. Lewis* U. S. Crim. Law^ 241, et seq.