112 Proceedings of the Council of Maryland, 1753-1761.

Lib. J. R.

& U. S.

Servants, and am now in confinement for it, My Orders are
to apply to your Excellency in such a Case, and hope you
will fall on some Measures for my Enlargement, as the
Service has already suffered by my Confinement.
I am with the greatest Respect your Excellencys most de-
voted hble Servant
Robert Sterling

The Governours Compliments to M^r Dulany, and shall be
much obliged to him for his Opinion on and Answers to the
following questions :
1: Whether a Servant indented bona fide has a Right to
inlist in his Majesty's Service ?
2: Whether a military Officer inlisting such Servant know-
ing him, or not knowing him to be such, is in either, and
which Case liable to an Action?
3: Whether the Governour, as Governour can discharge
such Action?
Annapolis March 22^d 1756.

As to the first Quere I conceive that a Servant indented
bona fide can't deprive his Master of his Property in him by
enlisting in his Majesty's Service.
As to the second Quere, I conceive that an Officer enlisting
such Servant as aforesaid and knowing him to be such, may
be liable to the Action of the Master, but if an Officer should
enlist such Servant without knowing him to be such, I think
he would not be liable to an Action for inlisting such Servant,
unless after Notice of the Masters Right or property in such
Servant the Officer should detain the servant against the Will
and Consent of his Master.
As to the third Quere I am of opinion that the Governor
can't legally discharge a civil Action brought by a private
Person in defence of his Property:
Dan^l Dulany
22: Mar. 1756

p. 91

The Governor's Compliments to M^r Dorsey and shall be
much obliged to him for his Opinion on, & Answers to the
following Questions :
Whether a Servant indented bona fide has a Right to inlist
in his Majesty's Service?
Whether a military Officer inlisting such Servant knowing
or not knowing him to be such is in either and which Case
liable to an Action ?