406 Assembly Proceedings, Sept. 28-Dec. 16, 1757.

Liber H. S.

No.1

Keeper, or Innholder, on any Obligation, under the Hand and Seal
of any Person or Persons, other than Travellers, or upon any Note,
or Writing under the Hand only of such 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, or Defendants or Debtors, in every such
Action or Demand, to plead the General Issue; and that then, and in
every such Case, 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 Consideration than Liquor, or other Accommodations, or
Tavern Expences, trusted or credited as aforesaid, the Plaintiff shall
be nonsuit, and the Defendant or Defendants shall recover full Costs
of Suit.

p. 352
[Duty of
Constables
as to any
Breach of
this Act.]

IX. And be it further Enacted, That it shall and is hereby declared
to be the Duty of the several Constables, in their respective Hundreds,
upon View, or Information given them, of any Breach of this Act, to
apprehend the Offender or Offenders, and carry him, her or them,
before some Justice of the Peace of the County where the Offence
shall be committed, to be dealt with according to Law, and the Direc-
tions of this Act; and if any Constable on View, or Information given
him, of any Breach of this Act, shall refuse or neglect to do his Duty
therein, he shall forfeit, for every such Refusal, or Neglect, the Sum
of Five Pounds Current Money; to be recovered with Costs, in the
County Court where such Offence shall be committed, by Action of
Debt, Bill, Plaint, Indictment or Information, wherein no Essoin,
Protection, or Wager of Law shall be allowed, or more than one
Imparlance, and applied as herein after directed.

[Their Fee.]

X. And be it further Enacted, That it shall and may be lawful
for any Justice of the Peace, before whom any Offender or Offenders
shall be convicted for a Breach of this Act, to award to the Constable,
as a Fee for serving a Warrant in such Case, or for apprehending
and bringing to Justice such Offender or Offenders, the Sum of Two
Shillings and Six-Pence Current Money.

[Recovery
and appli-
cation of
Penalties.]

XI. And be it further Enacted, That all and every of the Fines,
Forfeitures, and Penalties by this Act imposed, shall be recovered
as herein before directed, and applied one Half thereof to the Use
of the Informer, or him, her, or them that shall sue for the same,
the other Half to be paid to the Commissioners or Trustees of the
Loan-Office, and applied to the same Purpose respectively, that the
Ordinary-Licence Money is directed to be applied by the several Acts
of Assembly which continue such Parts of the Act to which this is a
Supplement, as relate to the Regulating of Ordinaries, Ordinary-
Keepers, granting Ordinary-Licences, and the several Clauses, Mat-
ters, and Things therein mentioned, concerning the same.