480 Assembly Proceedings, May 24-June 22, 1768.

Liber H. S.
No. 1

Visible Estate sufficient to support him without Labour to tipple or
game in such Ordinary on pain of not being paid for any Liquor or
other Accomodations which such Ordinary Keeper shall supply such
Person with or which shall be lost by any such Person at any Game.

[Proviso]

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 four
shillings or the Value thereof in any one Year

[Travellers
may be sup-
plied with all
necessaries]

And Provided also that no Ordinary Keeper shall be hindred or
restrained from selling to or supplying Persons travelling upon their
necessary Occasions so far distant from their own Habitations as
may render it impracticable or inconvenient to repair thither and
such Persons as may happen to be confined in such Ordinary by Sick-
ness severity of Weather or other accident with Diet and other neces-
sary Accomodations altho the same shall amount unto more than
the sum of four shillings aforesaid

[Courts and
Juries to
enquire into
Actions
brought be-
fore them;
and if the
Debts sued
for, were
contracted
Contrary to
this Act,
the Plaintiff
to be non-
suit]

And be it Enacted That in any Action in a Court of Justice or Dis-
pute 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 Jury or single Magistrate shall by Virtue of this Act consider
and enquire whether any Debt so sued for or claimed was contracted
contrary to the true Intent and meaning of this Act And it shall
appear to such Court and Jury or Magistrate that such Debt was
contracted 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 sup-
port 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 Consideration than for Liquors or other Accomodations sold
or lost as aforesaid or prove that such Liquors Accomodations were
absolutely necessary and not sold or furnished contrary to the true
Intent and meaning of this Act the Plaintiff shall be Non suit and
the Dependant shall recover his Cost of Suit

[Debts for
Liquor or
Gaming, not
recoverable]
p. 7i8

And be it further Enacted That if 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
or Note shall be taken or passed shall be for Liquors or Accomoda-
tions supplied or sold or any Tobacco Money or Liquor won at