Acts. 413

contrary to this Act, that then the Plaintiff shall be Nonsuit, 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 such
Obligation, Note or Writing was passed; and if such Plaintiff does
not prove the same to have been passed for some other Considera-
tion than Liquor or other Accommodations sold, or lost, as afore-
said, or prove that such Liquor or Accommodations were absolutely
necessary, and not sold or furnished contrary to the true Intent and
Meaning of this Act; the Plaintiff shall be Nonsuit, and the Defen-
dant shall recover the Cost of Suit.

Session Laws
p. 16
Notes, &c.
unless for
other
other Con-
sideration
than Liquor,
not
recoverable

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 demanded, or any Part of the Considera-
tion for which any Obligation or Note shall be taken or pass'd, shall
be for Liquors or Accommodations 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 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.

Nor for
Money lost
at Gaming

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 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 Essoin, Protection or

Also
Mortgages,
Securities,
&c. are to
be void in
such Cases

Wager of Law shall be allowed.
And for the better Discovery of such Trusts, Be it Enacted, that
every Trustee or suspected Trustee as aforesaid, shall be obliged by
Virtue of this Act to answer Interrogatories upon Oath, or Affirma-
tion if a Quaker, concerning such Trust; which Examination shall
be received as Evidence in any Trial concerning such Trust: and if

Trustees of
such
Mortgages,
&c. to
answer
Interroga-
tories upon
Oath