|2.||(Law) See Rescue, 2.|
RESCOUS, crim. law, torts. This word is used synonymously with rescue, (q.v.)
and denotes the illegal taking away and setting at liberty a distress
taken, or a person arrested by due process of law. Co. Litt. 160.
2. In civil cases when a defendant 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 Eng. 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.