Under the terms of sub-section (a) of articles 165 and 166, a rescue is the deliverance of a prisoner from lawful custody by a third person, or assistance rendered by a third person to any prisoner in escaping or attempting to escape from lawful custody. 163. Escape from custody or from prison.-Every one is guilty of an indictable offence and liable to two years' imprisonment who (a.) having been convicted of any offence, escapes from any lawful custody in which he may be under such conviction; or (b.) whether convicted or not, escapes from any prison in which he is lawfully confined on any criminal charge. 164. Every one is guilty of an indictable offence and liable to two years' imprisonment who being in lawful custody other than as aforesaid on any criminal charge, escapes from such custody. 165. Assisting to escape.-Every one is guilty of an indictable offence and liable to seven years' imprisonment who (a.) rescues any person or assists any person in escaping, or attempting to escape, from lawful custody, whether in prison or not, under sentence of death or imprisonment for life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with death or imprisonment for life; or (b.) being a peace officer and having any such person in his lawful custody, or being an officer of any prison in which any such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. 166. Every one is guilty of an indictable offence and liable to five years' imprisonment who (a.) rescues any person, or assists any person in escaping or attempting to escape, from lawful custody, whether in prison or not, under a sentence of imprisonment for any term less than life, or after conviction of, and before sentence for, or while in such custody upon a charge of any crime punishable with imprisonment for a term less than life; or (b.) being a peace officer having any such person in his lawful custody, or being an officer of any prison in which such person is lawfully confined, voluntarily and intentionally permits him to escape therefrom. 167. Every one is guilty of an indictable offence and liable to two years' imprisonment who with intent to facilitate the escape of any prisoner lawfully imprisoned conveys, or causes to be conveyed, anything into any prison. 168. Unlawfully procuring a prisoner's discharge.—Every one is guilty of an indictable offence and liable to two years' imprisonment, who knowingly and unlawfully, under colour of any pretended authority, directs or procures the discharge of any prisoner not entitled to be so discharged, and the person so discharged shall be held to have escaped. R.S.C., c. 155, s. 8. 169. Punishment of escaped prisoner.—Every one who escapes from custody, shall, on being retaken, serve, in the prison to which he was sentenced, the remainder of his term unexpired at the time of his escape, in addition to the punishment which is awarded for such escape; and any imprisonment awarded for such offence may be to the penitentiary or prison from which the escape was made. R.S.C., c. 155, s. 11. Section 1 of 53 Vict., chap. 37 has not been repealed, and contains the following additional provisions in reference to escapes : "Every one who, being sentenced to imprisonment or detention in, or being ordered to be detained in, any reformatory prison, reformatory school, industrial refuge, industrial home or industrial school, escapes or attempts to escape therefrom, is guilty of a misdemeanour, and may be dealt with as follows: "The offender may, at any time, be apprehended without warrant and brought before any magistrate, who, upon proof of his identity,— "(a) In the case of an escape or attempt to escape from a reformatory prison or a reformatory school, shall remand him thereto for the remainder of his original term of imprisonment or detention; or, (b.) In the case of an escape or attempt to escape from an industrial refuge, industrial home or industrial school, 66 (i.) May remand him thereto for the remainder of his original term of imprisonment or detention; or “(ii.) If the officer in charge of such refuge, home or school certifies in writing that the removal of such offender to a place of safer or stricter imprisonment is desirable, and if the governing body of such refuge, home or school applies for such removal, and if sufficient cause therefor is shown to the satisfaction of such magistrate, may order the offender to be removed to and to be kept imprisoned, for the remainder of his original term of imprisonment or detention, in any reformatory prison or reformatory school, in which by law such offender may be imprisoned for a misdeameanour, and when there is no such reformatory prison or reformatory school, may order the offender to be removed to and to be so kept imprisoned in any other place of imprisonment to which the offender may be lawfully committed; (2 (c.) And in any case mentioned in the preceding paragraphs (a) and (b) of this subsection, or if the term of his imprisonment or detention has expired, the magistrate may, after conviction, sentence the offender to such additional term of imprisonment or detention, as the case may be, not exceeding one year, as to such magistrate seems a proper punishment for the escape or attempt to escape. 27 FORMS OF INDICTMENT UNDER TITLE III. 44 HEADING OF INDICTMENT. (1) In the (name of the Court in which the indictment is found). The Jurors for our Lady the Queen present that (Where there are more counts than one, add at the beginning of each count): The said Jurors further present that STATEMENTS OF OFFENCES. NEGLECT TO SUPPRESS RIOT. On at the City of within the jurisdiction of A, then being the Mayor of and present in the said City of there was a riot, and the said A, then having notice thereof, unlawfully and without any reasonable excuse did then and there omit to do his duty as such Mayor in suppressing the said riot. OMITTING TO AID PEACE OFFICER IN SUPPRESSING RIOT. On at the City of there was a riot, and that A. B, and C. then and there present, being called upon and requested by D. a peace officer in the exercise of his duty in that behalf to render him their assistance in suppressing the said riot, did unlawfully and without any reasonable excuse then and there refuse and omit to do so. PERJURY. A. committed perjury with intent to procure the conviction of B. for an offence punishable with imprisonment for more than seven years, namely robbery, by swearing on the trial of B. for the robbery of . at the Court of Quarter Sessions for the county of on the day of 18; first, that he, A. saw B. at on the day of ; secondly, that B. asked A. to lend B. money on a watch belonging to C.; thirdly, &c. (1) See as to requisites of indictment, Articles 608 to 619 inclusive. PERJURY. at on A. committed perjury on the trial of B. at a Court of Quarter Sessions held for an assault alleged to have been committed by the said B. on C. at Toronto on the day of by swearing to the effect that the said B. could not have been at Toronto at the time of the alleged assault, inasmuch as the said A. had seen him at that time in Port Arthur. SUBORNATION OF PERJURY. Same as last form to the end, and then proceed :— at And the jurors aforesaid further present, that before the committing of the said perjury by the said A. to wit, on the day of C. unlawfully, did counsel and procure the said A. to do and commit the said perjury. TAKING REWARD FOR HELPING TO RECOVER STOLEN PROPERTY. On A did unlawfully and corruptly take and receive dollars as a reward for and under pretence and on account of helping to recover a certain piano, (or twenty dollars in money, or a promissory note, or a horse), belonging to and theretofore stolen from the said B. (or as the case may be), the said A not having used all due diligence to bring to trial for such theft the person who committed it. BREAKING PRISON. No. ART. 1 131 132 On the day of at A. being then a prisoner confined in the common gaol or prison in and for the county of on a criminal charge, did unlawfully, by force and violence, break the said gaol or prison, by then and there cutting and sawing two iron bars of the said gaol or prison and by also then and there breaking, cutting and removing a quantity of stone, parcel of the wall of the gaol or prison aforesaid, with intent thereby, then and there, to set himself, the said A., at liberty 2 at Breach of trust by public officer.......Five years. (1) The offences under Title III are all indictable. TRIBUNAL. Sup. Court Cr. Juris. do do do 24 25 26 29 30 16 17 147 18 150 136 19 151 20 152 137 34 138 139 140 35 142 143 144 66 146 & 148) 146 153 154 156 157 158 159 160 162 $163 164 165 & Rescuing prisoners or assisting escape Seven years and 5 years. 33166 167 168 Fourteen years and life. Fourteen years. Two years.... Fourteen years and ten $50 fine, or three months Fine, not exceeding pen- Two years.. Attempted prison-breach.. Seven years.. TRIBUNAL Two years Two years.. do Gen'l or Qu'ter Sess. do do do do do do do do do do do do do do do Civil Court. Gen❜l or Qu'ter Sess. do do do do do do do Note. It will be understood that, with regard to the offences mentioned in the above Table as triable in a Superior Court of Criminal Jurisdiction, those offences cannot be tried in a Court of General or Quarter Sessions; and that with regard to the offences mentioned, therein as triable in a Court of General or Quarter Sessions the latter Court has not exclusive jurisdiction over these offences, but in relation to them, its jurisdiction is concurrent with that of the Superior Courts of Criminal Juaisdsction. (2) Art. 958, post, empowers Court to order in addition to sentence that defendant give security for future good behaviour, and on conviction for offences punishable with five years or less to inflict a fine in addition to or in lieu of any other punishment. (1) This offence besides being indictable may also be tried summarily before two justices and in that case the punishment upon conviction is 6 months with hard labor or $100 fine. (2) See Article 540, post. |