Proceedings of the Council of Maryland, 1753-1761. 113

Whether the Governour, as Governor, can discharge such
Action ?
As to the first: I am of Opinion that a Master has a
Property in the Labour of his indented servant for the time
he has contracted to serve, and that he has no Right to inlist
in his Majestys Service without his Master's Consent, until
the Expiration of his time of Servitude :
As to the 2^d I am of Opinion that a recruiting Officer who
enlists a Man's indented Servant, knowing him to be such is
liable to the Action of the Master, and that he ought to re-
cover Damages adequate to the Injury he sustains by the
loss of his Servant, but if an Officer should enlist a Servant
not knowing him to be such I think no Action will lye against
him unless he should detain the servant from his Master,
after he is informed of his being a Servant, in which Case I
think an Action would lye aginst him ;
As to the 3^d: I am of Opinion that the Governour cannot
discharge any civil Action, commenced by a Man for the
Recovery of his Property and such is an Action commenced
by a Master against an Officer for taking his Servant out of
his Service.
E: Dorsey 22^d: Mar 1756.
Which being read
It is the Opinion of this Board, that as M^r Sterling is ar-
rested on a civil Action for Damages, the Governor as Gov-
ernor cannot discharge it, but they advise his Excellency to
recommend it to M^r .Sterling to give Bail for his Appearance
at the next County Court to be held for the said County, and
in the mean time to order his Lordships Attorney General to
prepare himself, and at the said Court to defend his Majestys
Officers — Proceedings, under the General's or his superior
Officers Instructions.

At a Council held at the City of Annapolis on Tuesday
the 30^th Day of March in the fifth year of his Lordships
Dominion, Annoque Dom: 1756 —

Present

Lib. J. R.

& U. S.

The
honourable

Benjamin Tasker Esq^r
Samuel Chamberlaine
Esq^r
Colonel Tasker

Richard Lee Esq^r
Benedict Calvert Esq^r
Colonel Goldsborough