|
|
L. H. J
Liber No. 46
|
try; or any single person whether Tradesman or otherwise, not
having a visible Estate, to tipple or game in such Ordinary; other
than such as shall be invited by any Traveller, and shall accompany
him only during his necessary Abode there, and other than Persons
travelling upon their necessary Occasions (so far distant from their
own Habitations as may render it impracticable or inconvenient to
repair thither) to take their Diet, and other necessary Accommoda-
tions, 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 Ac-
commodation which such Ordinary Keeper shall supply such Person
with, or which shall be lost by any such Person at any Games.
Provided always, That no Ordinary Keeper shall be restrained
from supplying any of the Persons herein before mentioned, with
Victuals or Liquors 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 Judica-
ture having Cognizance of any Dispute concerning such Expences.
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 Iury, 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
Obligation note or Writing 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, and that then and in every such Case, Action, or Demand, it
shall be incumbent on the Plaintiff, to prove for what Consideration
|
|
|
|
p. 478
|
such Obligation, note or writing was past, and if such Plaintif does
not prove the same not to have been past for some other Consid-
eration than Liquor, or other Accommodations sold or lost as afore-
said, or prove that such Liquor or Accommodations was absolutely
necessary, and not sold or furnished contrary to the true Intent and
meaning of this Act, the Plaintif shall be non-suit, and the Defen-
dant shall recover the Cost of Suit. And be it further Enacted by the
Authority aforesaid, that in Case it shall appear to any Court or
Magistrate, that any Part of any Account to be sued for, or de-
manded, or any Part of the Consideration, for which any Obligation
|
|
