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Session
Laws
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And be it further Enacted, by the Authority, Advice, and Consent
aforesaid, That in case it shall appear to any Court or Magistrate,
that any Part of Any Account, to be sued for or demanded, or any
Part of the Consideration, for which any Obligation or Note shall
be taken or past, shall be for Liquor, or Accomodations, supplied,
or sold, or any Money, Tobacco, or Liquor, won at Gaming, contrary
to this Act, that then, and in every such Case, the Plaintiff shall
recover only what shall appear to be due, exclusive of any Liquor,
or other Accomodations, supplied or provided, contrary to this Act ;
and the Defendant shall be discharged from the Residue, and recover
the full Costs of Suit; any Law, Usage, or Custom, to the contrary,
notwithstanding.
And be it further Enacted, That all Mortgages, Obligations, or
other Securities, which shall be taken in Trust for any Ordinary-
keeper, shall be absolutely void, unless such Mortgage, Obligation,
or other Security, shall be assigned or transferred to any other Per-
son, being a Stranger to such Trust, for a valuable Consideration;
and in case of such Assignment, or Transfer, that such Trustee shall
forfeit and pay double the Principal Sum mentioned in such Mort-
gage, Obligation, or Security; one Half to the Lord Proprietary, for
the Use aforesaid, and the other Half to him or them who will sue
for the same; to be recovered, by Action of Debt, Bill, Plaint, or
Information, wherein no Essoyn, Protection, or Wager of Law shall
be allowed. And for the better Discovery of such Trusts,
Be it Enacted, by the Authority, Advice, and Consent aforesaid,
That every Trustee, or suspected Trustee, as aforesaid, shall be
obliged, by Virtue of this Act, to answer Interrogatories upon Oath,
or Affirmation, if a Quaker, concerning such Trust; which Examina-
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p. 15
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tion shall be received as Evidence in any Tryal concerning such
Trust: And if any such Trustee, or suspected Trustee, shall refuse
to be so examined, such Refusal shall be deemed and taken to be
sufficient Evidence to prove the Fact; and that every Trustee, or
suspected Trustee, submitting to be, and being so examined, and not
answering truly to such Interrogatories, and being thereof legally
convict, by Confession, or Verdict of a Jury, shall suffer as in Case of
wilful and corrupt Perjury.
And be it further Enacted, by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That the Justices of the respective
County Courts shall give this Act in Charge to the several Grand-
Jurors, and to their several and respective Constables, in their said
County, to enquire into the Breach of this Act, and into all Disorders
committed in the said Ordinaries, and present the same, if any be, to
the several Courts to be examined, and punished, according to Law.
And be it further Enacted, by the Authority, Advice, and Consent
aforesaid, That every Ordinary-keeper shall, within Six Months
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