PRISAGE. The name of an ancient duty taken by the English crown on wines imported into England. Bac. Ab. Smuggling1 and Customs, C. 2; Harg. L. Tr. 75.
PRISON. A legal prison is the building designated by law, or used by the sheriff, for the confinement2, or detention3 of those whose persons are judicially5 ordered to be kept in custody6. But in cases of necessity, the sheriff may make his own house, or any other place, a prison. 6 John. R. 22. 2. An illegal prison is one not authorized7 by law, but established by private authority; when the confinement is illegal, every place where the party is arrested is a prison; as, the street, if he be detained in passing along. 4 Com. Dig. 619; 2 Hawk8. P. C. c. 18, s. 4; 1 Buss. Cr. 378; 2 Inst. 589.
PRISON BREAKING. The act by which a prisoner, by force and violence, escapes from a place where he is lawfully10 in custody. This is an offence at common law.
2. To constitute this offence, there must be, 1. A lawful9 commitment of the prisoner; vide Regular and Irregular process. 2. An actual breach11 with force and violence of the prison, (q. v.) by the prisoner himself or by others with his privity and procurement12. Russ. & Ry. 458; 1 Russ. Cr. 380. 3. The prisoner must escape. 2 Hawk. P. C. c. 18, s. 12; vide 1 Hale P. C. 607; 4 Bl. Com. 130; 2 Insts. 500; 2 Swift's Dig. 327; Alis. Prin. 555; Dalloz, Dict. mot Effraction.
PRISONER One held in confinement against his will.
2. Prisoners are of two kinds, those lawfully confined, and those unlawfully imprisoned13.
3. Lawful prisoners are either prisoners charged with crimes, or for a civil liability. Those charged with crimes are either persons accused and not tried, and these are considered innocent, and are therefore entitled to be treated with as little severity as possible, consistently with the certain detention of their persons; they are entitled to their discharge on bail14, except in capital cases, when the proof is great; or those who have been convicted of crimes, whose imprisonment15, and the mode of treatment they experience, is intended as a punishment, these are to be treated agreeably to the requisitions of the law, and in the United States, always with humanity. Vide Penitentiary16. Prisoners in civil cases, are persons arrested on original or mesne process, and these may generally be discharged on bail; and prisoners in execution, who cannot be discharged, except under the insolvent17 laws.
4. Persons unlawfully confined, are those who are not detained by virtue18 of some lawful, judicial4, legislative19; or other proceeding20. They are entitled to their immediate21 discharge on habeas corpus. For the effect of a contract entered into by a prisoner, see 1 Salk. 402, n.; 6 Toull. 82.
5. By tho resolution. of congress, of September 23, 1789, it was recommended to the legislatures of the several states, to pass laws, making it expressly the duty of the keepers of those jails to receive and safely keep therein, all persons committed under the authority of the United States, until they shall be discharged by due course of the laws thereof, under the like penalties as in the case of prisoners committed under the authority of such states respectively. And by the resolution of March 3, 1791, it is provided, that if any state shall not have complied with the above recommendation the marshal in such state, under the direction of the judge of the district, shall be authorized to hire a convenient place to serve as a temporary jail. See 9 Cranch, R. 80.
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