ESCAPE

The departure or deliverance out of custody of a person who was lawfully imprisoned, before he is entitled to his liberty by the proce of law. The voluntarily or negligently allowing any person lawfully in confinement to leave the place. 2 Bish. Crim. Law, I 917. Escapes are either voluntary or negligent. 'l'he former is the case when the keeper vol• untarily 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 carele ne or the insecurity of the building. Cortis v. Dailey, 21 App. Div. 1, 47 N. Y. Supp. 454; Lansing v. Fleet, 2 Johns. Cas. (N. Y.) 3, 1.Am. Dec. 142; At kins on v. James on, 5 Term, 25; Butler v. Washburn, 25 N. H. 258; Martin v. State, 32 Ark. 124; A.dams v. Turrentine, 30 N. C. 147. -Escape warrant, In English practice. This was a warrant granted to retake a prisoner committed to the custody of the king's prison who bad escaped tberefrom. 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 ~o remain until the debt was satisfied. Jacob; Brown. [s. 442]