136 Assembly Proceedings, July 7-29, 1740.

Session
Laws

recover only what shall appear to be due, exclusive of any Liquor or
other Accommodations, supplied or provided contrary to this Act,
and the Defendant shall be discharged from the Residue and recover
the full Cost of Suit; any Law, Usage, or Custom to the contrary
notwithstanding.

Obligations
taken in
trust for
Ordinary
keepers to
be void.

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
Person being a Stranger to such Trust for a valuable Consideration,
and in case of such Assignment or Transferr, that such Trustee shall
forfeit and pay double the principal Sum mentioned in such Mort-
gage, Obligation, or Security, one half to the Commissioners afore-
said, to be Collected, Paid and Applied as aforesaid, and the other
half to him or them who will sue for the same, to be recovered in the
Names of the Lord Proprietary and such Informer, 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,

Trustees
to be
examin'd
on Oath

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-
tion shall be received as Evidence in any Trial 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.

Grand-
Jurors to
enquire into
the breach

of the Act.

And be it further Enacted by the Authority aforesaid, by and with
the Advice and Consent aforesaid, That the Justices of the respec-
tive County Courts, shall give such part of this Act as relates to
Ordinary-keepers and Innholders 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 Disor-
ders 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 an Act of Assembly made at a Session of Assembly,

p. 10

begun and held at the City of Annapolis, the Twenty Eighth Day of
October, One Thousand Seven Hundred and Twelve, entituled,

An Act
Repealed

An Act Restraining Victuallers and Keepers of Publick Houses from
entertaining of Sailors to the Prejudice of Trade and Commerce,
be, and is hereby Repealed, Abrogated and made Null and Void.