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See also:RESCUE (in See also:Middle Eng. rescous, from O. Fr. recousse, See also:Low See also:Lat. rescussa, from reexcussa,reexcutere, to shake off again, re, again, ex, off, quatere, to shake) , the forcible setting at See also:liberty of a See also:person or thing . To constitute the legal offence of See also:rescue, the person rescued must be in the custody of a See also:constable or private individual, but in the latter See also:case the rescuer must know that the prisoner is in lawful custody . The See also:punishment for the offence is See also:fine and imprisonment, with or without hard labour, if the party rescued has not been convicted of the offence for which he was in custody . But if the prisoner has been imprisoned on a See also:charge of, or under See also:sentence for, high See also:treason, See also:felony or See also:misdemeanour, the rescue is high treason, felony or misdemeanour . The punishment for a felonious rescue may be penal See also:servitude for not more than seven or less than three years, or imprisonment for not more than two years, with or without hard labour . The forcible rescue of goods legally distrained or the rescuing of See also:cattle by See also:pound See also:breach are misdemeanours indictable at See also:common See also:law, but the more usual See also:procedure is a See also:civil See also:action under 2 W . & M . C . 5, s . 3 (1690), which makes an offender liable for See also:treble See also:damages . |
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