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(1) Where such goods or property shall have been
stolen, lost, or injured through the wilful act, default, or neglect of such innkeeper,
or any servant in his employ. (2) Where such goods or property shall have been
deposited expressly for safe custody with
such innkeeper. Provided always that in the case of such deposit, it shall be lawful for such innkeeper, if he thinks fit, to require, as a condition of his liability, that such goods or property shall be deposited in a box or other receptacle, fastened and sealed by the person depositing the same.
Section 2, Obligation of the Innkeeper to receive property of guest for safe custody.]-If any innkeeper shall refuse to receive for safe custody, as before-mentioned, any goods or property of his guest, or if any such guest shall, through any
default of such innkeeper, be unable to deposit such goods or property as aforesaid, such innkeeper shall not be entitled to the benefit of this Act, in respect of such goods or property.
Section 3, [Notice to be conspicuously exhibited.]--Every innkeeper shall cause at least copy of the ist Section of this Act, printed in plain type, to be exhibited in a conspicuous part of the
‘ hall or entrance to the inn, and he shall be entitled to the benefit of this Act, in respect of such goods or property, as shall be brought to his inn, while such copy shall be so exhibited.
Section 4, [Terms; Interpretation of]-
. The words and expressions hereinbefore contained, which in their ordinary signification, have confined, or different meaning, shall in this Act, except where the nature of the provision, or the context of the Act shall exclude such construction, be interpreted as follows :--that is to say the word “inn shall
any hotel, inn, tavern, public house, other place of refreshment, the keeper of which is now by law responsible for the goods and property of his guests; and the word “innkeeper” shall mean the keeper of any such place.
By a subsequent statute [41 and 42 Vic. c. 38] innkeepers were further relieved, as follows:
Sale of Goods, &c.---The landlord, proprietor, keeper, or manager, of any hotel, inn, licensed public-house, shall, in addition to his ordinary lien [ right to detain] have the right to sell any property left on any part of his premises, or horses in fields belonging to him, for his charges. The innkeeper must, however, keep the property in his possession for six weeks, and must, one month before a sale, insert-in one London and one county paper circulating in the district where property is left-an advertisement, containing a notice of such intended sale, and giving a description of the property, together with the name of the owner, or of the person who deposited the same, where it is known.
If the innkeeper takes a security for the bill of the guest, he will waive his right of lien, but the innkeeper is not bound to receive a traveller, if the
latter, on request, gives no security.
In a leading case on the subject of liability of innkeepers, it has been laid down that to charge an innkeeper the following circumstances are necessary :(1) The inn ought to be a common inn, so that
in the case of lodging in some private person's house, robbery there occurring, the
landlord would not necessarily be liable. (2) The party ought to be a traveller or passenger. (3) The goods must be in the inn, and for this the innkeeper is not
bound to answer for a horse put out to pasture. (4) There must be a default on the part of the
innkeeper or his servants; and (5) The loss must be moveables, and therefore if
a guest be assaulted or beaten in an inn,
the innkeeper shall not answer for it. The innkeeper has no right to detain his guest's person till the bill is paid, although he may detain property brought to the inn by the guest, whether it belongs to the latter or not, and whether not it is travellers' ordinary luggage. And he may also detain [having a lien] horses and carriages, not only for the keep of the horses and the care of the carriages, but also for general charges against the guest, and sell after taking the necessary steps before described.
No innkeeper or victualler, or any one licensed to sell beer by retail, nor any assistant of either of these persons can hold a Game License.
For the restrictions upon the payment of wages in public-houses, see Title--"Wages.”
On the letting of a public-house there is no implied agreement on the part of the tenant not
to do acts which may cause a forfeiture of the License.
Maw v. Hindmarsh, 28 LT (N.S.) 644.
Where a tenant holds, under a lease, containing
covenant by him, not to do any act to lessen, weaken, or make void the license, if an offence is committed and a conviction takes place, this will not forfeit the lease, unless the conviction is endorsed,
The holder of a License must take care
intoxicating liquor is sold by him, except that which he is by his License authorised to sell.
An Alehouse License authorises sale of all intoxicating liquors.
Beerhouse License may authorise sale of cider and perry as well.
Wine Licenses authorise the sale of all wines and sweets.
Spirits.-Authorise the sale of spirits.
Where it shall be proved to the Justices, upon any application for temporary transfer &c., that the Licenses have been lost, mislaid, or wilfully withheld, the Justices may receive a copy, certified under the hand of the Clerk to the Licensing Justices, which can be obtained on the payment of 2s.6d.
The Court has held that where an outgoing tenant wilfully withheld his License, owing to a quarrel with his landlord, the Justices are not bound to accept a copy.