Proceedings of the Council of Maryland, 1753-1761. 65

the Limitation and regulation of Officers fees. The late
Inspection Act is a recent Instance, but your Lordships Pre-
rogative is as indisputable now, as ever it was. It is the un-
doubted Prerogative of the Crown to regulate foreign Coins
by Proclamation, but the Statute of the late Queen was not
thought any Diminution of the Royal Prerogative. Before
the late Inspection Act Officers fees were regulated by Proc-
lamation, and your Lordships Noble Father Ascertained the

Quantum frnm an Act of Assembly which had been in force,

but then Expired, and as the Regulation of fees by Proclama-
tion was the Sourse of much Popular uneasiness and dis-
quiet he was always desirous of a Limitation and Settlement
of them by an Act of the Legislature, but such had been the
Turbulency and distemper of the Lower house that it could not
be effectuated upon any Reasonable Plan till the late Inspec-

Lib. J. R

& U. S.

tion Law was Enacted, altho the Circumstances of the Prov-
ince required it. The Bulk of the people can't pay Money,
but must be Indulged to Satisfy the Charges against them in
Tobacco and as this Commodity is not easily Portable, and
can't be paid down when the Service is done, and Credit must
be given till it can be conveniently got ready the People at the
End of every year fall considerably in Debt to the Officers
and as the Profits of the respective Offices are thus out-
standing The Inspection Act giving the Officers a facile and
Expeditious Recovery of their dues and guarding against
frauds is a Regulation of great Convenience
When the fees were regulated by Proclamation they were
Payable in Tobacco and Credit given to the People, and if
they were now to be regulated by Proclamation they would
necessarily be payable in the same manner, otherwise the
People would be restricted to such Terms as they could not
Comply with and upon the Matter be deprived of those Bene-
fits which the very Institution of the Offices intended to give
them.

That your Lordship may the better determine upon the
Reasonableness of the Act in respect of the Limitation of
Officers fees we beg leave to represent to your Lordship the
Situation of the Officers Claiming their fees under Procla-
mation and as they are now entituled unto them under the
Inspection Act.
Each officer by the Common Law, without any precise
regulation by Proclamation or Act of Assembly would be
intitled in Compensation of his Service to Quantum Meruit.
A Proclamation We humbly Conceive would have no other
Effect than to ascertain and establish that Quantum, but as
to the Mode or Remedy of recovering it that must be left to
5

p. 54