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manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

3 R. S., 958, § 14; 2 R. S. (Edm.), 704, § 14a; Laws 1853, ch. 539; see, also, post, § 712.

880. Bribery of witnesses.- A person who is, or is about to be, a witness upon a trial, hearing or other proceeding, before any court or any officer authorized to hear evidence or take testimony, who receives, or agrees, or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, is guilty of a felony.

New. (2 R. S. [Edm.], 704, §§ 3 and 8; also § 112, post.)

§ 81. Definition of "jurors."— The word "juror” as used in this chapter includes a talesman, and extends to jurors in all courts, whether of record or not of record, and in special proceedings, and before any officer authorized to impannel a jury, in any case or proceeding.

New.

CHAPTER II.

RESCUES.

SECTION 82. Rescue of prisoner.

83. Taking, etc., property in officer's custody.

§ 82. Rescue of prisoner. - A person who, by force or fraud, rescues a prisoner from lawful custody, or from an officer or other person having him in lawful custody, is guilty of a felony, if the prisoner was held upon a charge, commitment, arrest, conviction or sentence of felony; and if the prisoner was held upon a charge, arrest, commitment, conviction or sentence for misdemeanor, the rescuer is guilty of a misdemeanor.

3 R. S., 960, § 26; Code Civil Proc., § 14, subd. 4; Id., § 587; Laws 1837, ch. 457.

(a) Laying in wait to rescue. Laying in wait near a jail for the pur pose of conveying away a prisoner, is a misdemeanor at common law; but it

is not aiding the prisoner to escape under the statute. (People v. Tompkins, 9 Johns., 70.)

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(b) Felony. A defendant not indictable under the statute, unless it appear that the prisoner was committed on a distinct charge of felony. (Peo ple v. Washburn, 10 Johns., 160; see, also, People v. Rose, 12 id., 339.) (c) Common-law offense. An offense at common law. (2 Hawk. P. C., ch. 18, § 10; 4 Black. Com., 131; State v. Hilton, 26 Mo., 199.)

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(d) Advising another to escape. It is competent in a prosecution to prove that the prisoner advised an accomplice to break jail and escape. (People v. Rathbun, 21 Wend., 508.)

§ 83. Taking, etc., property in officer's custody.-A person who takes from the custody of an officer or other person personal property, in charge of the latter, under any process of law, or who willfully injures or destroys such property, is guilty of a misdemeanor.

New. (See Code Civil Proc., § 14, subd., 4; Id., § 587; 2 R. S. [Edm.], 519, § 23; 1 R. L., 411, § 16; Laws 1837, p. 521, ch. 457.)

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884. Escaping prisoner may be recaptured. — A prisoner, in custody under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to that portion of his original term of imprisonment which remained unexpired upon the day of his escape.

3 R. S., 961, § 32; Id., 1067, § 148; 2 R. S. (Edm.), 707, § 20; 1 R. L., 411, § 16; Laws 1837, p. 521, ch. 457; Code Crim. Proc., § 186.)

(a) Duty of sheriff. — Duty of sheriff with reference to escaped prisoner. (French v. Willett, 10 Bosw., 566, 583; Brown v. Tracy, 9 How., 93.)

(b) Escaped prisoner, before term expires.- In a case where, before the term of imprisonment, the prisoner escapes, no new award of execution is

necessary or proper. He may be retaken at any time and confined inder the original judgment. (Haggerty v. People, 53 N. Y., 476; 6 Lans., 332)

As to former law on the subject, see People v. Duell (3 Johns., 449); see, aiso, Nall v. State (34 Ala., 262); Riley v. State (16 Conn., 47).

§ 85. Prisoner escaping. A prisoner who, being confined in a prison, or being in lawful custody of an officer or other person, by force or fraud escapes from such prison or custody, is guilty of felony if such custody or confinement is upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor if such custody or confinement is upon a charge, arrest, commitment or conviction for a misdemeanor.

3 R. S., 962, §§ 3, 4, 5; 2 R. S. (Edm.), 707, § 21; 1 R. L., 411, § 15.

(a) One prisoner aiding another.-A prisoner who attempts to escape by breaking prison, in consequence of which a fellow prisoner confined for a felony escapes, is guilty of aiding the latter to escape. (People v. Rose, 12 Johns., 339.)

(b) Escaped prisoner has no standing in court. An escaped prisoner can take no action in any court. (People v. Genet, 59 N. Y., 80; 97 Mass., 505; 31 Me., 592.)

(c) Writ of error and escape of prisoner.—A writ of error will not be quashed on motion of the people, though it appear that after the allowance of such writ the prisoner escaped and fled the jurisdiction of the court. (People V. Sharkey, 1 Hun, 300; see, also, cases cited under preceding section.)

§ 86. Attempt to escape from state prison. - A prisoner confined in a state prison for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, is guilty of felony.

3 R. S., 962, § 33, 34, 35; 2 R. S. (Edm.), 707, § 23.

A prisoner who, in attempting to escape, permits a fellow prisoner to escape is guilty of aiding the latter. (People v. Rose, 12 Johns., 39; see, also, Luke v. State, 49 Ala., 30; and cases cited under § 84, ante.)

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§87. Aiding escape. A person who, with intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, enters a prison, or conveys to a prisoner any information, or sends into a prison any disguise, instrument, weapon, or other thing, is guilty of felony, if the prisoner is held upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor, if the prisoner is held upor a charge, arrest, commitment, or conviction for a misdemeanor.

3 R. S., 96, §§ 25, 29; 2 R. S. (Edm.), 705, § 136, 146, 155.

(a) Misdemeanor at common law. - Lying in wait near a jail for the purpose of conveying away a prisoner, though a misdemeanor at common

law, is not aiding a prisoner to escape under the statute. (People v. Thomp kins, 9 Johns., 70.)

(b) Breaking prison and aiding others. - A prisoner who attempts to escape by breaking prison, in consequence of which a fellow prisoner escapes, is guilty of aiding the latter in escaping. (People v. Rose, 12 Johns., 339.)

§ 88. Aiding escape.- A person who aids or assists a prisoner in escaping, or attempting to escape, from the lawful custody of a sheriff, or other officer or person, is guilty of a misdemeanor, if the prisoner is held under arrest, commitment, or conviction for a misdemeanor, or upon a charge thereof; and of a felony if the prisoner is held under an arrest, commitment, or conviction for a felony, or upon a charge thereof.

3 R. S., 960, §§ 25, 29; 2 R. S. (Edm.), 707, § 17.

Held, that a defendant was not indictable under the former statute for aiding a prisoner to escape, unless it appear that the latter was committed on a distinct charge of felony. (People v. Washburn, 10 Johns., 160; People v. Rose, 12 id., 339; People v. Tompkins, 9 id., 70.)

$89. Officer suffering escape.- A sheriff, or other officer or person, who allows a prisoner, lawfully in his custody, in any action or proceeding, civil or criminal, or in any prison under his charge or control, to escape or go at large, except as permitted by law, or connives at or assists such escape, or omits an act or duty whereby such escape is occasioned, or contributed to, or assisted, is,

1. If he corruptly and willfully allows, connives at, or assists the escape, guilty of a felony;

2. In any other case, is guilty of a misdemeanor.

3 R. S., 960, § 30; 2 R. S. (Edm.), 707, § 18; see §§ 58 ante, and §§ 114, 115 post, and State v. Erickson, 32 N. J., 421.

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(a) Evidence of escape. That a prisoner is seen at large is prima facie evidence of an escape on the part of the sheriff. (Steward v. Kipp, 7 Johns., 165). (b) Escape defined. — If a deputy sheriff arrest a defendant and leave him in custody of persons who have no authority to detain him it is an escape. (Palmer v. Hatch, 9 Johns., 328.)

(c) Id. If the sheriff discharge a prisoner from arrest on a ca. sa. by order of the plaintiff's attorney, without payment of the execution, it is an escape. (Lovell v. Orser, 1 Bosw., 349.)

(d) Privilege from arrest.—It is a good defense to an action for an escape that the prisoner was privileged from arrest. (Ray v. Hogeboom, 11 Johns., 433; Phelps v. Barton, 13 Wend., 68.)

(e) Leaving jail limits. If the sheriff's jailer permits a prisoner in execution to leave the jail limits it is an escape and furnishes a complete

defense to the sureties in an action upon the bond given for the mits. (Wemple v. Glavin, 5 Abb. N. C., 360; 57 How., 109.)

(ƒ) Voluntary and negligent escape. The distinction between a voluntary and negligent escape. (Lockwood v. Mercereau, 6 Abb. Pr., 206.)

A suit against the sheriff for an escape is an election on the part of the plaintiff to consider the prisoner out of custody. (Brown v. Littlefield, 1 Wend., 398.)

(g) Escape from civil process. What constitutes an escape on civil process. (Kellogg v. Gilbert, 10 Johns., 220; Lovell v. Orser, 1 Bosw., 349; Stone v. Woods, 5 Johns, 182; Olmstead v. Raymond, 6 id., 62; Wool v. Turner, 10 id., 420; Turney's case, 5 Ch. Rec., 135; Wheeler v. Bailey, 13 Johns., 366; Dexter v. Adams, 2 Den., 646; Day v. Brett, 6 Johns., 22.)

(h) New process. If the sheriff suffer a defendant in execution to escape without consent of the plaintiff, the latter may issue a new process and retake the debtor. (Wesson v. Chamberlain, 3 N. Y., 331.)

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§ 90. Officer suffering escape forfeits office. who is convicted of the offense specified in the first subdivision of the last section, forfeits his office, and is forever disqualified to hold any office or place of trust, honor or profit, under the constitution or laws of this state.

8 R. S., 960, § 31; 2 R. S. (Edm.), § 19.

§ 91. Concealing escaped prisoner. A person who knowingly or willfully conceals, or harbors for the purpose of concealment, a person who has escaped or is escaping from custody, is guilty of a felony if the prisoner is held upon a charge or conviction of felony, and of a misdemeanor if the person is held upon a charge or conviction of misdemeanor.

2 R. S. (Edm.), 705, § 156.

§ 92. Definition of prison.-The term "prison," as used in this chapter, means any place designated by law for the keeping of persons held in custody under process of law, or under lawful

arrest.

New. (2 Wharton's Crim. Law, § 1675; Com. v. Felburn, 119 Mass., 297; State v. Beebe, 13 Kansas, 589; R. v. Bootie, 2 Burr, 864.)

§ 93. Definition of prisoner. The term "prisoner," as used in this chapter, means any person held in custody under process of law, or under lawful arrest.

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