under the act may be with or without hard labour, in the common gaol or house of correction, and the offender may be also kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. 2. Falsifying Proceedings in a Court of Judicature. By 11 Geo. IV. and 1 Will. IV. c. 66, s. 11, causing a fine, judgment, &c. to be enrolled in the name of a person not privy to the same, is felony, punishable with transportation.-Vide post, p. 216. 3. Obstructing the Execution of Legal Process. Upon all process this is a high offence.-4 Bl. C. 129. Upon criminal process, a party opposing becomes particeps criminis, viz. an accessary in felony and a principal in treason.-Hawk. b. 2, c. 17; 4 Bl. C. 129; 1 Russ. 360; cont. 1 Hale, 606. By 9 Geo. IV. c. 31, s. 25, where any person shall be convicted as of a misdemeanor of any assault upon any person, with intent to resist or prevent the lawful apprehension or detainer of the party so assaulting, or of any other person, for any offence of which he or they may be liable to be apprehended or detained, the court may sentence the offender to be imprisoned, with or without hard labour, in the common gaol or house of correction, for any term not exceeding two years, and may also fine the offender and require him to find sureties for keeping the peace. See 1 & 2 Geo. IV. c. 88, s. 2; 3 Geo. IV. c. 114. By 8 & 9 Will. III. c. 27, 9 Geo. I. c. 28, 11 Geo. I. c. 22, persons opposing the execution of any process in certain pretended privileged places within the bills of mortality, or abusing any officer in his endeavours to execute his duty therein, so that he receives bodily hurt, shall be guilty of felony, and transported for seven years; and per sons in disguise joining in or abetting any riot or tumult on such account, or opposing any process, or assaulting and abusing any officer executing or for having executed the same, shall be felons, without benefit of clergy. To assist a person pursued by the officers of justice, to enable him to avoid arrest, seems to be a misdemeanor.1 Russ. 360. 4. Escape from Criminal Process. In the party himself this is an offence punishable by fine or imprisonment.-4 Bl. C. 129. In an officer or any person having the temporary custody, if the escape be through his negligence, he is punishable by fine; if by his consent and connivance, it amounts to the same kind of offence for which the prisoner is in custody, and is punishable in the same degree, whether it be treason, felony or misdemeanor.-Ibid. 130; 1 Russ. 377. But the officer cannot be arraigned as for felony till the party himself has been attainted of the crime charged (except in case of treason).--Ibid. He may be punished however even before that period, by fine and imprisonment as for a misdemeanor.—Ibid. By 52 Geo. III. c. 156, persons aiding the escape of prisoners of war are subject to transportation. 5. Breach of Prison by the Party himself. If he were lawfully committed for treason or felony, this is felony, but not capital; and upon inferior charges it is a misdemeanor, punishable by fine and imprisonment.-1 Russ. 378; Russ. & Ry. 458. 6. Rescue. Rescue is the forcibly freeing another from arrest or imprisonment.-4 Bl. C. 130. A rescue of one apprehended for felony, is felony; for treason, treason; and for a misdemeanor, a misdemeanor.Ibid. But the principal must be attainted before the person rescuing is arraigned as for a felony, (except in case of treason). Ibid.; 1 Russ. 384. By 1 & 2 Geo. IV. c. 88, s. 1, rescuing persons charged with felony is punishable with seven years' transportation, or imprisonment, with or without hard labour, for not less than one year and not more than three years. By 9 Geo. IV. c. 4, s. 13, (Mutiny Act,) persons under sentence of death by a court-martial, and having obtained a conditional pardon, escaping out of custody, and all persons aiding such escape, are punishable as felons. By 11 Geo. II. c. 26, and 24 Geo. II. c. 40, if five or more persons assemble to rescue any retailers of spirituous liquors, or to assault the informers against them, it is felony, and subject to transportation for seven years. By 4 Geo. IV. c. 64, s. 43, to deliver instruments of escape to a prisoner, or to aid him to escape or attempt to escape from any prison within the act, whether he actually escape or not, is a felony, punishable with fourteen years' transportation. By 25 Geo. II. c. 37, s. 9, to rescue or attempt to rescue from prison any person committed for or found guilty of murder, or to rescue or attempt to rescue any person, convicted of murder, going to execution, or during execution, is felony, without benefit of clergy; and by sect. 10, to rescue or attempt to rescue the body of a murderer from the sheriff, after execution, is a felony, punishable with transportation for seven years. 7. Returning from Transportation. By 5 Geo. IV. c. 84, s. 22, (for consolidation of the laws relative to transportation,) if any offender who shall have been or be sentenced or ordered to be transported or banished, or who shall have agreed or shall agree to transport or banish himself or herself on certain conditions, either for life or any number of years, under the provisions of this or any former act, shall be afterwards at large within any part of his majesty's dominions, without some lawful cause, before the expiration of the term, every such offender shall suffer death as in cases of felony, without benefit of clergy, and may be tried either in the county or place where apprehended or that from whence transported or banished. 8. Taking a Reward under Pretence of Helping the Owner to his Stolen Property. By 7 & 8 Geo. IV. c. 29, s. 58, every person who shall corruptly take any money or reward, directly or indirectly, under pretence or upon account of helping any person to any chattel, money, valuable security, or other property whatsoever, which shall by any felony or misdemeanor have been stolen, taken, obtained or converted as in the act mentioned, shall (unless he cause the offender to be apprehended and brought to trial for the same) be guilty of felony; and being convicted thereof, shall be liable, at the discretion of the court, to be transported beyond the seas for life or for any term not less than seven years, or to be imprisoned for any term not exceeding four years, and if a male, to be once, twice or thrice publicly or privately whipped (if the court shall so think fit) in addition to such imprisonment. Sect. 4 of same act provides (with regard to the place and mode of imprisonment for all indictable offences punishable under that act) that where any person shall be convicted of any felony or misdemeanor, punishable under that act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned and kept to hard labour in the common gaol or house of correction, and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion. shall seem meet. F 9 Advertising a Reward for Return of Stolen Property. By sect. 59 of same act, if any person shall publicly advertise a reward for the return of any property whatsoever which shall have been stolen or lost, and shall in such advertisement use any words purporting that no questions will be asked; or shall make use of any words in any public advertisement purporting that a reward will be given or paid for any property which shall have been stolen or lost, without seizing or making inquiry after the person producing such property; or shall promise or offer in any public advertisement to return to any pawnbroker or other person who may have bought, or advanced money by way of loan upon, any property stolen or lost, the money so paid or advanced, or any other sum of money or reward for the return of such property; or if any person shall print or publish any such advertisement; in any of the above cases, every such person shall forfeit the sum of £50 for every such offence, to any person who will sue for the same by action of debt, to be recovered with full costs of suit. 10. Compounding of Felonies and Informations on The offence of compounding of felony consists of taking reward for forbearing to prosecute felony. One species of the offence is theft bote, or receiving back goods stolen or other amends, upon agreement not to prosecute.-4 Bl. C. 133. Compounding of felony is a misdemeanor at common law, punishable by fine and imprisonment, at the discretion of the court.-4 Bl. Com. 136, note by Chr. Compounding informations upon penal statutes is provided for by 18 Eliz. c. 5, which enacts that if any common informer, under pretence of any penal law, makes any composition without leave of the court, or takes any money |