1788-12-12 (static/transcriptions/1788/12/336.jpg)

(!49

amounts to Manslr.
He contends that they do not, [ILL] to prove that they do not, sd he, I beg to refer to 1 Hale H. P. C 589 – “when a private person hath arrested a felon, or one suspected of felony, he may detain him in custody till he can reasonably dismiss himself of him; but with as much speed as conveniently he can he may do either of these things.
1. he may carry him to the common gaol, 20 [ILL] but that is now rarely done.
2. He may deliver him to the constable of [ILL] carry him to the common gaol vide [ILL] E. 3. Cap. 10. Or to a justice of peace to be examined, and farther proceeded against as case shall require. 10 E 4. [ILL] 17. [ILL].
3. Or he may carry him immediately to any justice of peace – who upon examination may discharge bail or commit him as the case shall require.”

So in the same vol: 195
A. a meer private man [ILL] to have committed a felony, he may thereupon arrest him of felony, and he is lawfully in the
custody