RESCUE, in Law (` rescous,' from the old French word rescourser, to recover '), is the unlawful and forcible setting at liberty a person or goods, in lawful custody. A rescue may be either a criminal offence or a civil injury, according to the circumstances under which it is effected. The character of the criminal offence is determined by the character of the offence committed by the person rescued. If, for instance, a party has rescued a traitor or a felon, he has committed the offence of treason or felony ; but as the treason or felony of the person rescued cannot be 'Lammed to have been committed until after his con viction and judgment, it is not proper to arraign the rescuer for such offences until after judgment of the principal offender. But the rescuer may be indicted for a misdemeanor 'before such judgment. For a rescue from lawful custody is in all cases a misdemeanor. Several statutes have, however, vaned the character of this offence, and the punishment Previously to the abolition of arrest on niesne process, if a prisoner In custody of the sheriff on mares process was rescued, the sheriff might make a return to that effect, which freed him from further responsibility ; the rescuers being liable to an attachment for a con tempt, and also to an action at suit of the plaintiff.
Where a party is arrested, or goods are taken upon a final process, the sheriff marmot return that there has been a rescue, and either ho or the jailer is in all cases, except where the rescue is effected by the king's enemies, answerable in an action by the plaintiff. This liability is concurrent with the liability of the rescuers themselves, tho plaintiff having the option to sue either the rescuers or the sheriff.
(Com., Dig., • Itescoua r Hale, I'. C. ; Hawk., P. C. ; Russell, On Matthew'', On Criminal Lase.)