ARTICLE 194.

UNLAWFULLY DIRECTING OR PROCURING DISCHARGE OF

1

PRISONER.

Every one is guilty of a misdemeanor, and liable to imprisonment for any term less than two years, who, knowingly and unlawfully, under color of any pretended authority, directs or procures the discharge of any prisoner not entitled to be so discharged.

The person so discharged is held to have escaped.

ARTICLE 195.

ESCAPING, ETC., FROM A PENITENTIARY.

2 Every one is guilty of felony and liable to two years' imprisonment in case (a.), to three in case (b.), to one in case (c.), and to five in cases (d.), (e.) and (f.);

(a.) who being a prisoner ordered to be detained in any penitentiary, escapes from the person or persons having the lawful custody of him, when being conveyed thereto, or when being conveyed from one penitentiary to another;

(b.) who being a prisoner in a penitentiary, breaks prison or escapes, or attempts to escape from the custody of any officer, guard or other servant of the penitentiary while at work, or passing to or from work, either within or beyond the prison walls or penitentiary limits;

(c.) who being a prisoner in any penitentiary, at any time attempts to break prison, or who forcibly breaks out of his cell, or makes any breach therein with intent to escape therefrom, whether successful or not;

(d) who rescues or attempts to rescue any prisoner while being conveyed to any penitentiary, or while imprisoned therein, or while being conveyed from one peni

1 R. S. C. c. 155, s. 8.

2 R. S. C. c. 155, ss. 3, 4, 5, 6, 7. 1 & 2 Vict, c. 82. ss. 12, 13; 5 & 6 Vict. c. 29, ss. 24, 25: 6 & 7 Vict. c. 26, ss. 22, 23; 28 & 29 Vict. c. 126, s. 37.

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tentiary to another, or while passing to or from work at or near any penitentiary; or

(e.) who by supplying arms, tools or instruments of disguise, or otherwise in any manner aids any such prisoner in any escape or attempt at escape; or

(f.) who having the custody of any such prisoner, or being employed as a keeper, turnkey, guard or assistant, by the person having such custody, knowingly and wilfully allows such prisoner to escape.

1

ARTICLE 196.

KEEPERS, ETC., CARELESSLY ALLOWING PRISONERS
TO ESCAPE FROM A PENITENTIARY.

Every one is guilty of a misdemeanor, and liable to fine or imprisonment, or to both, in the discretion of the court, who, having the custody of any prisoner ordered to be detained in any penitentiary, or being employed as a keeper, turnkey, guard or assistant by the person having such custody, carelessly allows any such prisoner to escape.

ARTICLE 197.

ESCAPING, ETC., FROM A REFORMATORY.

any

2 Every one who, being sentenced to be detained in reformatory prison or reformatory or industrial school, escapes therefrom, may, at any time before the expiration of his term of detention, be apprehended without warrant, and brought before any justice of the peace or magistrate, who, on proof of his identity, must remand him to such prison or school, there to serve the remainder of his original sentence, with such additional term, not exceeding one year, as to such justice or magistrate seems proper.

1 R. S. C. c. 155, s. 7.

2 R. S. C. c. 155, s. 9.

1 Every one is liable, on summary conviction before two justices of the peace, to a penalty not exceeding eighty dollars, or to imprisonment with or without hard labor for any term not exceeding two months, who

(a.) knowingly assists, directly or indirectly, any offender detained in a reformatory prison or reformatory or industrial school, to escape from such prison or school; or (b.) directly or indirectly induces such an offender to escape from such prison or school; or

(c.) knowingly harbors, conceals or prevents from returning to the prison or school, or assists in harboring, concealing or preventing from returning to the prison or school, any offender who has escaped from such prison or school.

ARTICLE 198.

PUNISHMENT OF PRISONERS WHO ESCAPE.

2 Every one who escapes from imprisonment must, on being retaken, undergo, in the prison he escaped from, 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.

3 ARTICLE 199.

TRANSPORTS OR PERSONS SENTENCED TO PENAL SERVITUDE BEING AT LARGE.

4

[Every one commits felony and is liable, upon conviction thereof, to be kept in penal servitude for life, and

1 R. S. C. c. 155, s. 10.

R. S. C. c. 155, s. 1).

S. D. Art. 155.

4 [5 Geo. 4, c. 84, s. 22. Punishment altered by 4 & 5 Will. 4, c. 67] and by 20 & 21 Vict.

c. 3. The punishment defined in the Article is that to which the offender would now be liable if tried in England. Draft Code, s. 130.

[to be previously imprisoned with or without hard labor for any term not exceeding four years,

(a.) who having been sentenced or ordered to be transported, or kept in penal servitude, or having agreed to transport himself on certain conditions, either for life or for any number of years] according to the provisions of the Act of the United Kingdom, 5 Geo. 4, c. 84, or any other Act therein mentioned [is afterwards at large within any part of Her Majesty's dominions, without some lawful cause, before the expiration of the term for which he was ordered to be transported or kept in penal servitude, or agreed to transport himself;

1 (b.) who aids, abets, counsels, or procures the commission of the offence defined in clause (a).]

2 ARTICLE 200.

MISPRISION OF TREASON.

3 Every one who knows that any other person has committed high treason, and does not within a reasonable time give information thereof to a judge of assize, or a justice of the peace, is guilty of misprision of treason, and must upon conviction thereof be sentenced to imprisonment for life, and to forfeit to the Queen all his goods and the profits of his lands during his life.

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1 ARTICLE 201.

MISPRISION OF FELONY.

Every one who knows that any other person has committed felony and conceals or procures the concealment thereof, is guilty of misprision of felony, and upon con

14 & 5 Will. 4, c. 67.

2 S. D. Art. 156.

3 [1 Hawkins, P. C. 60. As to punishment, ii. 630; 1 Hale, P. C. 371-74. See Appendix Note IV. Cf. Draft Code, s. 18.]

4 S. D. Art. 157.

5 [1 Hawkins, P. C. 73. See Appendix, Note IV.]

[viction thereof the offender, if a sheriff, coroner, or their bailiff, 1" shall have one year's imprisonment and after "make a grievous fine" at the discretion of the 2 court, and if they "have not whereof they shall have imprisonment of 3 three years."

In other cases the offender is guilty of a misdemeanor.*

5 ARTICLE 202.

AGREEMENT NOT TO PROSECUTE.

6 Every one commits a misdemeanor who, in respect of any valuable consideration, enters into an agreement not to prosecute any person for felony, or to show favor to any person in any such prosecution.

1 [3 Edw. 1, c. 9.

The words" at the king's pleasure," mean this; see 1 Hale, P. C. 375.

3 Others read "four." See Revised Statutes.]

4 The rule that when one has suffered from a felony he cannot maintain against the felon a civil action for the injury until he has discharged his duty to the public by carrying on, or at least setting on foot, a criminal prosecution for the public wrong is, according to Bishop, founded upon the fact that his neglect to prosecute the criminal, or to discover his offence to the magistrate, is misprision of felony, and that until he discharges this duty he does not come into court with "clean hands." The result he says is the same whether the proposition assumes the form in which he states it, or the similar form that it wears in most of the English cases, namely, that the policy of the law requires this stimulant to induce men to bring felons to justice. 1 Bish. Cr. L., ss. 267, 274. In Schohl v. Kay, 5 Allen 244, and Livingstone v. Massey, 23 U. C. Q. B. 156, nonsuits were directed to be entered, the evidence showing that the defendants had committed felonies, and had not been proceeded against therefor. That was the course adopted in Wellock v. Constantine, 2 H. & C. 146: but in that case a felony was set out on the face of the declaration, and yet the correctness of the decision was questioned in Wells v. Abraham, L. R. 7 Q. B. 554, where the question is discussed at considerable length. And see Midland Ins. Co. v. Smith, L. R. 6 Q. B. D. 561; Brown v. D'Avigdor, L. R. 10 Q. B. D. 412; Appleby v. Franklin, L. R. 17 Q. B. D. 93; Taylor v. McCullough, 8 0. R. 309.

In many cases the Legislature in creating or defining offences has provided that any remedy which any person aggrieved by any such offence might otherwise have had should not be affected. The following are instances:

R. S. C. c. 29. s. 72 (Arts. 160, 161).

R. S. C. c. 164, s. 14 (2) (Arts. 399, 400); s. 20 (2) (Arts. 412-414); s. 55 (2) (Art. 431); 3. 72 (Arts. 432, 477-483); s. 91 (3) (Art. 455); s. 95 (2) (Art. 460); s. 97 (2) (Art. 456).

R. S. C. c. 168, s. 42 (2) (Art. 599).

R. S. C. c. 172, s. 14 (Arts. 604-607).

51 Vict. (D.) c. 41, s. 20 (Arts. 524-529).

S. D. Art. 158.

[1 Hale, P. C. 619. Precedents of indictment, 2 Chit. Crim. Law, 219. It is not neces sary to allege that the defendant did actually desist from prosecuting; R. v. Burgess, L. R. 16 Q. B. D. 141.]