Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.
The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.
Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in possession of the distress, otherwise there cannot be a rescue.
The action of rescue has fallen into disuse; the usual remedy is by an action on the case under the Sale of Distress Act, 1690 (2 W. & M. sess. 1, c. 5), s. 4, which gives treble damages to the person grieved. When a distress is taken without cause, or contrary to law, the tenant may lawfully make rescue before it is impounded, for then it is deemed to be in the custody of the law. The Pound Breach Act, 1843 (6 & 7 Vict. c. 30), gives a summary remedy for pound breach and rescue in certain cases after a distress for damage fesant.