Acts. 135

to take their Diet, and other necessary Accommodations, in such
Ordinary, and other than such as may happen to be confined in such
Ordinary by Sickness, severity of Weather, or other Accident, on
Pain of not being paid for any Liquor, or other Accommodations,
which such Ordinary-keeper shall supply such Person with, or which
shall be lost by any such Person at any Games.

Session
Laws

Provided always, That no Ordinary-keeper shall be restrained
from Supplying any of the Persons herein before mentioned, with
Victuals or Liquor in moderate and necessary Quantities, so as no
Ordinary-keeper shall Trust any such Person for more than Five
Shillings, or the value thereof, in any one Year, except in such Cases
as herein before mentioned, to be judged of by any Judicature hav-
ing Cognizance of any Dispute concerning such Expences.

Proviso.

And be it Enacted by the Authority aforesaid, That in any Action
in a Court of Justice, or Dispute before a single Magistrate, between
any Ordinary-keeper and any Person in this Act described, such
Court, and the Jury in any Trial by a Jury, or single Magistrate,
shall by virtue of this Act consider and enquire, whether any Debt
so Sued for or Claimed before a single Magistrate, be Contracted
contrary to the true intent and meaning of this Act, and if it shall
appear to such Court, Jury, or Magistrate, that such Debt was Con-
tracted contrary to this Act, that then the Plaintiff shall be Non-suit
and the Defendant recover his Cost of Suit: And that in case any
Action or Demand shall be brought on any Obligation under the
Hand and Seal of any such Person, or upon any Note or Writing
under the Hand only of the Defendant or Debtor, or if any such
Note shall be given in Evidence to Support such Action or Demand,
it shall and may be lawful for the Defendant or Debtor in every such
Action or Demand, to plead the general Issue, that he doth not owe
or did not assume to pay such Debt or Claim, and that then and in
every such Case, Action, or Demand, it shall be incumbent on the
Plaintiff, to Prove for what Consideration such Obligation or Note
was past, and if such Plaintiff does not prove the fame not to have
been past for some other Consideration than Liquor, or other Ac-
commodations sold or lost as aforesaid, or prove that such Liquor or
Accommodations was absolutely necessary, and not sold or fur-
nished contrary to the true intent and meaning of this Act, the
Plaintiff shall be Non-suit, and the Defendant shall recover the Cost
of Suit.

Courts and
Juries to
enquire in
Actions bro't
before them
whether the
debts sued
for were
contracted
contrary to
the Act, and
if so, the
Plaintiff to
be Non-suit

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

p. 9

part of the Consideration, for which any Obligation or Note shall
be taken or past, shall be for Liquors or Accommodations supplied
or sold, or any Money, Tobacco, or Liquor, won at Gaming, con-
trary to this Act, that then and in every such Case the Plaintiff shall

Debts for
Liquor or
Gaming
not be
recovered.