ESCAPE

An escape is the deliverance of a person who is lawfully imprisoned, out of prison, before such a person is entitled to such deliverance by law. 5 Mass. 310. 2. It will be proper to consider, first, what is a lawful imprisonment; and, secondly, the different kinds of escapes. 3. When a man is imprisoned in a proper place under the process of a court having jurisdiction in the case, he is lawfully imprisoned, notwithstanding the proceedings may be irregular; but if the court has not jurisdiction the imprisonment is unlawful, whether the process be regular or otherwise. 4. Escapes are divided into voluntary and negligent; actual or constructive; civil and criminal and escapes on mesne process and execution. The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the process of law. The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Crim. Law, 5 917. Escapes are either voluntary or negligent. The former is the case when the keeper voluntarily concedes to the prisoner any liberty not authorized by law. The latter is the case when the prisoner contrives to leave his prison by forcing his way out, or any other means, without the knowledge or against the will of the keeper, but through the latter’s carelessness or the insecurity of the building. Escape warrant. In English practice. This was a warrant granted to retake a prisoner committed to the custody of the king’s prison who had escaped therefrom. It was obtained on affidavit from the judge of the court in which the action had been brought, and was directed to all the sheriffs throughout England, commanding them to retake the prisoner and commit him to gaol when and where taken, there to remain until the debt was satisfied. Jacob; Brown.