RESCUE. In Criminal Law. The forcibly and knowingly freeing another from arrest or imprisonment. 4 Blackstone, Comm. 131.
A deliverance of a prisoner from lawful custody by a third person. 2 Bishop, Crim. Law, 0 911.
Taking and setting at liberty, against law, a distress taken for rent, services, or damage feasant. Bacnn, Abr. Rescous.
2. If the rescued prisoner were arrested for felony, then the rescuer is a felon ; if for treason, a traitor, 3 P. Will. 468 ; Croke Car. 583 ; and if for a trespass, he is liable to a fine as if he had committed the original of fence. Hawkins, Pl. Cr. b. 5, c. 21. See 2 Gall. C. C. 313; R1188. & R. Cr. Cas. 432. If the principal be acquitted, the rescuer may nevertheless be fined for the misdemeanor in the obstruction and contempt of public jus tice. 1 Hale, Pl. Cr. 598. See T. U. P. Charlt. Ga. 13; Hawkins, Pl. Cr. b. 2, c. 21.
In order to render the rescuer criminal, it is necessary he should have knowledge that the person whom he sets at liberty has been apprehended for a criminal offence, if he is in the custody of a private person ; but if he be under the care of a public °Seer, then he is to take notice of it at his peril. 1
Hale, Pl. Cr 606. See further, with regard to the law of rescue, 1 Stor. C. C. 88 ; 2 Gall. C. C. 313 ; 1 Carr. & M. 299 ; 1 Ld. Raym. 35, 589.
The rescue of cattle and goods distrained by pound-breach is a common-law offence awl indictable. 2 Starkie, Crim. Plead. 617 ; 7 Carr. & P. 233; 5 Pick. Mass. 714. See 4 Leigh, Va. 675.
In Maritime Law. The retaking by a party captured of a prize made by the enemy. There is still another kind of rescue which partakes of the nature of a recapture: it occurs when the weaker party, before he in overpowered, obtains relief from the arrival of fresh succors, and is thus preserved from the force of the enemy. 1 C. Rob. Adm. 224, 271; Halleck, Int. Lavv, cxxxv.
Rescue differs from recapture. The rescuers do nut by the rescue become owners of the property, as if it had been a new prize; but the property is restored to the original owners by the right of post linfin ium.