RESCOUS, crim. law, torts. This word is used synonymously with rescue, (q. v.) and denotes the illegal taking away and setting at liberty a distress¹ taken, or a person arrested by due process of law. Co. Litt. 160.

2. In civil cases when a defendant² is rescued the officer will or will not be liable, as the process under which the arrest is made, is or is not final. When the sheriff executes a fi. fa. or ca. sa. he may take the posse comitatus; Show. 180; and, neglecting to do so, he is responsible; but on mesne or original process, if the defendant rescue himself, vi et armis, the sheriff is not answerable. 1 Holt's R. 537; 3 Engl. Com. Law Rep. 179, S. C. Vide Com. Dig. h. t.; Yelv. 51; 2 T. R. 156; Woodf. T. 521 Bac. Ab. Rescue, D; Doct. Pl. 433.

RESCRIPT, conv. A counterpart.

2. In the canon law, by rescripts are understood apostolical letters, which emanate³ from the pope, under whatever form they may be. The answers of the pope in writing are so called. Diet. Dr. Can. h. v. Vide Chirograph; Counterpart; Part.

RESCRIPTION, French law. A rescription is a letter by which the maker⁴ requests some one to pay a certain sum of money, or to account for him to a third person for it. Poth. Du Contr. de Change, n. 225.

2. According to this definition, bills of exchange are a species of rescription. The difference appears to be this, that a bill of exchange is given when there has been a contract of exchange between the drawer and the payee; whereas the rescription is sometimes given in payment of debt, and at other times it is lent to the payee. Id.

RESCRIPTS, civ. law. The answers of the prince at the request of the parties respecting some matter in dispute between them, or to magistrates⁵ in relation to some doubtful matter submitted to him.

2. The rescript was differently denominated, according to the character of those who sought it. They were called annotations⁶ or subnotations, when the answer was given at the request of private citizens; letters or epistles, when he answered the consultation⁷ of magistrates; pragmatic sanctions, when he answered a corporation, the citizens of a province, or a municipality. Lecons El. du Dr. Rom. §53; Code, 1, 14, 3.

RESCUE, crim. law. A forcible setting at liberty against law of a person duly arrested. Co. Litt. 160; 1 Chitty's Cr, Law, *62; 1 Russ. on Cr. 383. The person who rescues the prisoner is called the rescuer.

2. If the rescued prisoner were arrested for felony, then the rescuer is a felon⁸; if for treason, a traitor⁹; and if for a trespass¹⁰, he is liable to a fine as if he had committed the original offence. Hawk¹¹. B. 5, c. 21. If the principal be acquitted¹², the rescuer may nevertheless be fined for the misdemeanor in the obstruction¹³ and contempt of public justice. 1 Hale, 598.

3. In order to render the rescuer criminal, it is necessary he should have knowledge that the person whom he sets at liberty has been apprehended¹⁴ for a criminal offence, if he is in the custody¹⁵ of a private person; but if he be under the care of a public officer, then he is to take notice of it at his peril¹⁶. 1 Hale, 606.

4. In another sense, rescue is the taking away and setting at liberty, against law, a distress taken for rent, or services, or damage feasant. Bac. Ab. Rescue, A.

5. For the law of the United States on this subject, vide Ing. Dig. 150. Vide, generally, 19 Vin. Ab. 94.