same degree of crime as that with which his prisoner was charged. Prison-Breach is the forcible breaking out of a lawful place of imprisonment, by a person who is lawfully confined therein, and who, by means of such breaking, effects his escape therefrom. The breaking, though actual, need not be intentional, but it must result from the force used in escaping. It must also be performed by the prisoner himself, or by others through his procurement, for if he escapes through an aperture which was broken without his consent, it is not prison-breach in him; nor is it prisonbreach if he himself breaks and does not escape. To break from prison through necessity, as if the building be on fire, is not a crime. Rescue is the freeing of another, by force, from a lawful arrest or imprisonment. The rescuer thereby becomes guilty of the same degree of crime as that with which the person rescued was charged. Read 4 Bl. Comm., pp. 130-132. 1 H. P. C., pp. 590-612. 1 Russ. Cr., pp. 416-436. $442. Of Receiving Stolen Goods. Receiving stolen goods, knowing them to have been stolen, is a crime, whenever such receiving was for the purpose of concealment or of profit. The receiver must have had manual possession of, or an actual control over, the goods, and must also have received them from the thief himself, and not from some other intermediate receiver. Read 4 Bl. Comm., pp. 132, 133. 3 Chitty C. L., pp. 951–959. § 443. Of Compounding Crime. Compounding is the agreement of the injured party not to prosecute for the offence, in consideration of some pecuniary advantage. Thus where the owner of stolen goods receives the same from the thief, under a contract not to inform or appear against him, or where he takes a note in consideration that he will not prosecute, it is a compounding. The gist of this offence is the concealment of the crime, and abstaining from prosecution, to the detriment of the public. Read 4 Bl. Comm., pp. 133, 134, 136. 1 Russ. Cr., pp. 131-134. 2 Arch. Cr. Pr., pp. 1065–1067. 2 Whart. C. L., §§ 2505-2507. 1 Bish. C. L., §§ 267-276, 604, 694, 699, 709–715. 2 B. & H. L. C. C., pp. 216-247. § 444. Of Falsifying Records. Falsifying Records is the wilful and fraudulent removal, suppression, or alteration of any public record. The law gives the highest credit to all public records, whether of a judicial or ministerial character; and any alteration thereof, not made under competent authority and for the purpose of properly correcting the same, is a crime of great magnitude. Thus to insert in, or erase names from, an indictment, to make or use a false affidavit, to change the parties or descriptions in the record of a deed, are such falsifications as amount to crime. Some writers treat this crime § 445. Of Obstructing Process. Obstructing Process consists in any act which is designed to, and actually does, prevent or hinder the officers of the law in the performance of their duties. This obstruction may be offered to the service either of civil or of criminal process; and, when offered to the service of criminal process, makes the actor a participant in the original crime. and liable to its penalty. Read 4 Bl. Comm., p. 129. 1 Russ. Cr., pp. 408-415. 2 Arch. Cr. Pr., pp. 81-87. 1 Bish. C. L., §§ 340, 440, 464, 465, 696, 697. 2 Bish. C. L., §§ 1009–1013. § 446. Of Barratry. Barratry is the habitual moving or exciting of quarrels between other persons, whether at law or otherwise. This crime cannot be committed by a single act, or by a series of acts constituting but one transaction. At least three instances are necessary, but whether three are always sufficient is still a question. The person guilty of this crime is called a common barrator, and, if he be an attorney-at-law, he is liable to be disbarred. Read 4 Bl. Comm., p. 134. 1 Russ. Cr., p. 184. 2 Arch. Cr. Pr., pp. 1069-1071. § 447. Of Maintenance. Maintenance is the giving of aid, to either party in a suit, by a third person who has no legitimate interest therein. Such aid may be by the furnishing of money, or by the hiring of counsel, or by giving to the party public countenance and support. The existence of certain relationships, between such third persons and the party to the suit, will, however, justify such assistance. Thus a father may aid the son, or a son the father; a husband may assist his wife, or a master his servant; and any one may aid a poor man in a suit to regain his right. Read 4 Bl. Comm., pp. 134, 135. 2 Arch. Cr. Pr., pp. 1072, 1073. 1 Bish. C. L., §§ 307, 541. § 448. Of Champerty. Champerty is the giving of aid to either party in a suit, by a third person, under an agreement with such party that the proceeds of the suit, if any there be, shall be divided between them. Thus the agreement of an attorney to collect, by suit, a claim or claims, and take a certain proportion of the amount collected, or a bargain that if expense of the suit be borne by a third person, he shall have a percentage of the result, is champerty. Such agreements are void, and the recompense contracted for cannot be recovered by law. Akin to champerty is the buying or selling of a doubtful or pretended title to lands, in order that the buyer may carry on the suit, when the seller does not think it worth his while so to do. Such purchase and sale must be with knowledge of the impediment. Read 4 Bl. Comm., p. 135. 1 Russ. Cr., pp. 178-181. § 449. Of Conspiracy. Conspiracy is the agreement of two or more persons to do an unlawful act, or to do a lawful act in an unlawful manner. A conspiracy cannot be committed by one person alone, nor by husband and wife alone, for they are legally but one. There must be between the conspirators a concert of will and endeavor, not a mere coincidence of intention or attempt. The agreement must be to do some act in itself a crime, or some act which becomes a crime by the manner in which it is undertaken. Thus an agreement to do an act which is immoral but not illegal, or to effect a purpose not immoral or illegal in itself, but prejudicial to the public when done by the confederation of many, or to extort money or injure reputation by acts which in an individual are not criminal, or to cheat and defraud, or to impoverish and ruin, a person by means not indictable in an individual, is a conspiracy, because, whatever the character of the act agreed to be done, the combination of numbers to effect it is a thing dangerous to the public, and not to be permitted by the law. Read 4 Bl. Comm., pp. 136, 137. 3 Chitty C. L., pp. 1138-1144. 2 Arch. Cr. Pr., pp. 1044–1061. 2 Whart. C. L., §§ 2287-2361. 1 Bish. C. L., §§ 432, 592, 633-639, 767, 792, 801, 814. 2 Bish. C. L., §§ 169-240. 3 Greenleaf Ev., §§ 89-99. 450. Of Embracery. Embracery is the attempt of any person to corruptly influence a jury. Any influence which is exerted by any person, whether himself a juror or not, either upon single jurors or on the whole panel, by means of any promises, |