deliver him to some justice of the peace for the said county, to be dealt with as the law directs. Given under my hand and seal, this day of in the year, &c. (0) Receipt of the Magistrate. county, to wit. This is to certify that A S, sheriff of the county of did this day bring before me J P, a justice of the peace for the county of a certain A O, late of &c. arrested in the said county of on suspicion of felony, and by warrant from J P, one of the justices of the peace for the said county, directed to be conveyed to some justice of the peace in this county, it appearing to the said J P, that the fact, wherewith the said A O was charged was committed in this county. And I do also certify, that the distance, in my opinion, which the said AO was conveyed by the said A S, is miles. Given, &c. (P) Order of justices to impress a guard for a jail. (See 1 Rev. Code, p. 76. sect. 17.) county, to wit. Whereas J R, keeper of the circuit jail at F, hath given information unto us, JP, and K P, two of the justices of the peace for the county of aforesaid, that the said jail is insufficient for the safekeeping of the prisoner (or prisoners) now committed thereto, and hath made application to us for our warrant to authorise the impressing of a sufficient guard for that purpose. These are, therefore, to authorise the said J R to impress such a number of guards, as will be sufficient to keep safely the prisoner (or prisoners) now committed to his care; and for so doing this shall be his warrant. Given, &c. For proceedings on the trial of slaves, see titles SLAVES and CLERGY. CURSING, See SWEARING. DEBT, (for sums under twenty dollars) See WARRANTS. DEBTORS INSOLVENT, (See INSOLVENTS.) DEODAND. DEODAND (from deodandum, i. e. given to God) is when any moveable thing inanimate, or beast animate, doth move to, or cause the untimely death of any reasonable creature, by mischance, without the will or fault of himself, or of any other person. 3 Inst. 57. 1 Bl. Com, 300. As this subject existed under the common law, it might be improper to pass it over in silence; though it seems to be virtually abolished by the ninth article of the constitution of this state. I shall, however, only observe, that it originated in the pious, though ridiculous, superstition of our European ancestors, who, while they believed that remission of sins might be obtained for the souls of the deceased, appropriated the instrument which occasioned an untimely death to the purchase of masses, for the use of the soul, thus prematurely hurried out of existence. But this deodand being forfeited to the king's almoner, to be applied by him to those pious uses, it was soon considered as one of the casual revenues of the crown, and by the king granted, as other franchises, to lords of manors Thus is this infamous practice continued to this day in England, by the king and those lords to whom the right of deodands was granted, as a mean to rob the widow and orphan of the deceased person's property, when the reason for doing it had long ceased. The juries, however, of late have greatly discountenanced this business, by finding some very inconsiderable part of the property (as the wheel of a waggon, &c.) the cause of the death; and as no forfeiture, in this case, can accrue, till the coroner's inquest has found that the object occasioned the death, consequently no part is forfeited except that so found. DISORDERLY-HOUSES, See LEWDNESS. DISTRESS, See RENTS. DOORS BREAKING OPEN, See ARREST. DOWER, See FORFEITURE. DRIVER, See CATTLE. DRUNKENNESS, See SWEARING. ELECTIONS. 'Any person, who shall be a candidate for any county or senatorial district, to serve, if elected, in the General Assembly, who shall directly or indirectly give, or agree to give, any elector or pretended elector, money, meat, drink, or other reward, in order to be elected, or who shall treat directly or indirectly, being a candidate for such or any other county, city, borough, or district, upon due proof thereof, to either house, shall be expelled, and disabled to be re-elected during the term of three years: Provided, That nothing herein contained shall be so construed as to prevent any candidate from his usual intercourse of friendship with his neighbours, at his own house.' 1 Rev. Code, p. 389. 'Any candidate, or other person in his behalf, who shall directly or indirectly give, or agree to give, any elector or pretended elector, mo ney, meat, drink, or other reward, in order to be elected, or for having been elected a representative of this commonwealth in Congress, shall forfeit and pay fifteen hundred dollars for each offence, to be recovered with costs, by action of debt, to the use of any person who will sue for the same.' 1 Rev. Code, p. 57. EMBRACERY, See MAINTENANCE. ESCAPE. AN escape is, where one that is arrested gaineth his liberty before he is delivered by course of law. Terms de la ley. Escapes are of three kinds. 1st. By a person who hath the offender in his custody; this is properly called an escape. 2d. Caused by a stranger; this is commonly called a rescue. 3d. By the party himself; either without force, which is simply an escape, or with force, which is prison breaking. Rescous and prison breaking are treated of under their respective titles, and this title treats only of escapes properly so called. Concerning which will be shewn, 1. Of escape by the party himself. II. Escape suffered by a private person. III. Escape suffered by an of ficer. IV. What is a voluntary, and what a negligent escape. V. Concerning the retaking of a person escaped. VI. Indictment for an escape. VII Trial and conviction for an escape. VIII. Punishment of an escape. IX. Of escapes in civil cases. X. Escape warrants. I. OF ESCAPE BY THE PARTY HIMSELF. As all persons are bound to submit themselves to the judgment of the law, and to be ready to be justified by it; whoever in any case refuses to undergo that imprisonment which the law thinks fit to put upon him, and frees himself from it by any artifice, before such time as he is delivered by due course of law, is guilty of a high contempt, punishable with fine and imprisonment. Haw. B. 2. c. 17. sect. 5. But escape committed by the party himself belongs more properly to the title PRISON BREAKING. II. ESCAPE SUFFERED BY A PRIVATE PERSON. It seems to be a good general rule, that wherever any person hath another lawfully in custody, whether upon an arrest made by himself or by another, he is guilty of an escape, if he suffer him to go at large, before he hath discharged himself of him, by delivering him over to some other, who by law ought to have the custody of him. Haw. B. 2. c. 20. sect. 1. And the law is generally the same in relation to escapes suffered by private persons, as by officers. See Haw. B. 2. c. 20. and 1 Rev. Code, p. 106. sect. 29. III. ESCAPE SUFFERED BY AN OFFICER. In order to make an escape, there must be an actual arrest, and therefore, if an officer, having a warrant to arrest a man, see him shut up in a house, and challenge him as his prisoner, but never actually have him in his custody, and the party get free, the officer cannot be charged with an escape. Haw. B. 2. c. 19. sect. 1. And as there must be an actual arrest, such arrest must be also justifiable; for, if it be either for a supposed crime, where no such crime was committed, and the party neither indicted nor appealed, or for such a slight suspicion of an actual crime, and by such an irregular mittimus as will neither justify the arrest or imprisonment, the officer is not guilty of an escape, by suffering the prisoner to go at large. Ibid. sect. 2. And as the imprisonment must be justifiable, so it must be also for a criminal offence. Ibid. sect. 3. Also, if a prisoner be acquitted, and detained only for his fees, it will not be criminal to suffer him to escape, though the judgment were, that he be discharged, paying his fees, so that till they be paid the first imprisonment continued lawful as before; for inasmuch as he is detained, not as a criminal, but only as a debtor, his escape cannot be more criminal than that of any other debtor. Yet, if a person convicted of a crime be condemned to imprisonment for a certain time, and also till he pay his fees, and he escape after such time is elapsed, without paying them, perhaps such escape may be criminal, for that it was part of the punishment that the imprisonment be continued till the fees should be paid; but it seems that this is to be intended where the fees are due to others as well as to the jailor, for otherwise the jailor will be the only sufferer by the escape, and it will be bard to punish him for suffering an injury to himself only, in the nonpayment of a debt in his power to release. Haw. B. 2. c. 19. sect. 4. Also, it is an escape in some cases, to suffer a prisoner to have greater liberty, than by the law he ought to have; as to admit a person to bail, who by law ought not to be bailed, but to be kept in close custody. Ibid. sect. 5. So, if a jailor or other officer shall licence his prisoner to go abroad for a time, and to come again; this is an escape, because the prisoner is found out of the bounds of his prison, though the prisoner return again, according as he shall be prescribed. Dalt. c. 159. If the jailor so closely pursues the prisoner who flies from him, that he retakes him, without losing sight of him, the law looks on the prisoner so far in his power all the time, as not to adjudge such a flight to amount at all to an escape; but if the jailor once lose sight of the prisoner, and afterwards retake him, he seems in strictness to be guilty of an escape. And if he he kill him in the pursuit, he is in like manner guilty of an escape, though he never lost sight of him, and could not otherwise take him; because the public justice is not so well satisfied by the killing him in such an extrajudicial manner. Haw B. 2. c. 19. sect. 6. IV. WHAT IS A VOLUNTARY, AND WHAT A NEGLI GENT ESCAPE. Wherever an officer, who hath the custody of a prisoner, charged with and guilty of a capital offence, doth knowingly give him his liberty, with an intent to save him from his trial or execution, this is a voluntary escape. Haw. B. 2. c. 19. sect. 10. A negligent escape is, when the party arrested or imprisoned doth escape, against the will of him that arrested or imprisoned him, and is not freshly pursued and taken again, before he hath lost the sight of him. Dalt. c. 159. If the constable or other officer shall voluntarily suffer a thief, being in his custody, to go into the water to drown himself, this escape is felony in the constable, and the drowning is felony in the thief. Otherwise, if the thief shall suddenly, without the assent of the constable, kill, hang, or drown himself, this is but a negligent escape in the constable. Ibid. V. CONCERNING THE RETAKING OF A PERSON ESCAPED. If an officer hath arrested a man by virtue of a warrant, and then taketh his promise that he will come again, and so letteth him go; the officer cannot, after arrest, take him again by force of his former warrant, for that this was by the consent of the officer. But if he return, and put himself again under the custody of the officer, it seems that it may be probably argued, that the officer may lawfully detain him, and bring him before the justice in pursuance of the warrant. Dalt. c. 169. Haw. B. 2. c. 13. sect. 9. But if the party arrested had escaped of his own wrong, without the consent of the officer, now, upon fresh suit, the officer may take him again and again, so often as he escapeth, although he were out of view, or that he shall fly into another town or county, and bring him before the justice, upon whose warrant he was first arrested. Dalt. c. 169. And it is said generally, in some books, that an officer, who hath negligently suffered a prisoner to escape, may retake him wherever he finds him, without mentioning any fresh pursuit; and indeed, since the liberty gained by the prisoner is wholly owing to his own wrong, there seems to be no reason he should take any manner of advantage from it. Haw. B. 2. c. 19. sect. 12. And wherever a person is lawfully arrested for any cause, and afterwards escapes, and shelters himself in a house, the doors may be broke open to take him, on refusal of admittance. Haw. B. 2. c. 14. sect. 9. It is perhaps the better opinion, that wherever a prisoner, by the negligence of his keeper, gets so far out of his power, that the keeper |