by the law officers of the crown."[164]

The government endeavoured to contest this right (1829), in the instance
of Mr. Hall, publisher of the _Monitor_, whose strictures had provoked
official hostility. His men were recalled by the superintendent; he,
however, paid no attention to the notice, and continued to employ them:
for this he was summoned before the bench of magistrates, who,
influenced by the known opinions of the government, fined him, under the
act against harbouring. Mr. Wentworth moved for a criminal information
against Messrs. Berry, Wollstoncraft, and others, for contempt: a rule
was granted, but afterwards dismissed; the judges expressing the
strongest indignation that the magistrates had dared to set aside the
solemn decision of the court on a point of law, and in reference to the
most important rights of the colonists; and to mark their displeasure,
they saddled them with all the costs. Mr. Hayes, of the _Australian_,
was involved in a similar contest; but to break the bond, the governor
granted a ticket-of-leave--thus releasing the prisoner from his
assignment. The printer, notwithstanding, brought his action against the
superintendent for abduction, and gained damages; the judges holding,
that the sudden deprivation of the master, by an arbitrary and unusual
indulgence--granted only to deprive him of his rights as assignee--was
not contemplated in the law, which modified those rights by the
prerogative of mercy.

The following are the chief provisions of the Parliamentary Acts on the
subject of assignment:--

The 4th Geo. i. (1717) conveyed an absolute property to the shipper, who
again assigned to the master.

An opinion was obtained from the law officers of the crown (about 1818),
that the state of convict servitude was created by the 4th Geo. i. and
subsequent statutes, under which a property in the servant was reserved
to the master, whether captain or colonist: the power to punish was
assumed as a necessary consequence.[165]

The 5th Geo. iv. gave a right to the governors to release the convict
from assignment, by a pardon, &c. A subsequent Act, for abolishing the
punishment of death in certain cases, limited the exercise of mercy.

The 9th Geo. iv. gave the governor power to revoke assignment; and made
the master entirely dependant on the government.

The local government rarely interfered with the prescriptive rights of
the masters, nor did it often object to the transfer of servants