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or note shall be taken or past, shall be for Liquors or Accommoda-
tions supplied or sold, or any Money, Tobacco, or Liquor, won at
gaming contrary to this Act, that then and in every such Case the
Plaintif shall recover only what shall appear to be due, exclusive
of any Liquor or other Accommodations, supplied or provided con-
trary to this Act, and the Defendant shall be discharged from the
Residue and recover the full Cost of Suit; any Law, Usage or Cus-
tom 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
Keepers, 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 Transfer, 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.
Be it Enacted, That every Trustee or suspected Trustee as afore-
said, shall be obliged by Virtue of this Act, to answer Interrogatories
upon Oath, or Affirmation if a Quaker, concerning such Trust,
which Examination shall be received as Evidence in any Trial con-
cerning 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 exam-
ined, 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, That the Justices of the respective
County Courts, shall give such Part of this Act as relates to Ordi-
nary Keepers and Inn-holders in charge to the several Grand Juries,
and to their several and respective Constables, in their said County,
to enquire into the Breach of this Act, and into all Disorders com-
mitted 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, That an Act of Assembly made at a
Session of Assembly, begun and held at the City of Annapolis, the
twenty eighth Day of October, one thousand seven Hundred and
twelve, entituled, An Act restraining Victuallers and Keepers of
Public Houses from entertaining of Sailors to the Prejudice of
Trade and Commerce, be and is hereby repealed, abrogated, and
made null and void.
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L. H. J.
Liber No. 46
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