Odger's English Common Law

obstruction: escape and rescue. 205
to shoot at, maim or wound in the execution of his duty any
officer of the army, navy, marines, coastguard, customs or
excise, duly employed for the prevention of smuggling. 1 By
the Poor Law Amendment Acts, 1850 and 1851, it is a mis-
demeanour to assault or obstruct any poor law officer in the
exercise of his duty. 2
It is also a criminal offence to assault
or obstruct any person aiding or assisting the officers above
mentioned. Various other public officers are protected by
other statutes.
To burn a dead body in order to prevent the coroner
holding an inquest upon it has been held to be obstructing
him in the discharge of his duty. 3
Cremation is however a
perfectly lawful method of disposing of a dead body, provided
that it is not resorted to in order to avoid a coroner's inquest,
and provided also that the process is so conducted as not to
be a nuisance. 4
Escape and Rescue.
It is a misdemeanour to escape from lawful custody ;
and
any officer who permits an escape is also indictable. If such
officer has permitted the escape voluntarily, he is guilty of
the same crime (whether treason, felony or misdemeanour)
as the prisoner whom he has allowed to escape ;
if negligently,
he is guilty of a misdemeanour. Aiding a prisoner to escape, or
taking into prison any mask or disguise or any other article
to help his escape, is a felony punishable with two years'
imprisonment. Aiding a prisoner of war to escape is punish-
able with penal servitude for life. 5
If a prisoner in attempt-
ing to escape breaks out of prison, he is guilty of felony or
misdemeanour, according to the crime of which he happens
to have been convicted. But a prisoner detained for treason
commits felony only by breaking out. As to what consti-
tutes a breach of prison, the mere getting over a wall or
through a window would not be sufficient. But it was held a
sufficient breach, where a prisoner in getting over a wall
i 39 & 40 Vict. o. 36, s. 193 ; and see 54 & 56 Vict. c. 69, s. 1.
2 13 & 11 Vict. c. 101, s. 9 ; 14 & 15 Vict. c. 105, s. 18.
« B. v. Price (1884), 12 Q. B. D. 247 ; B. v. Stephenson (1884), 13 Q. B. D. 331.
4 See the Cremation Act, 1902 (2 Edw. VII. c. 8), ». 8. Seeindictment,No. 23,
in the Appendix,
s 52 Geo. III. c. liHi ; 54 k 55 Vict. c. 69, s. 1 (2).