INNKEEPERS ORDINANCE, 1870

INNKEEPERS ORDINANCE, 1870

No. 3 of 1870.

An Ordinance for the relief of innkeepers.

[26th August, 1870.]

1. This Ordinance may be cited as the Innkeepers Ordin-
ance, 1870.

As anjerided by Law Rev. Ord., 1937.





2. In this Ordinance,
(a) ' Inn ' means any hotel, inn, or other place of refresh-
ment, the kee'per of which is now by law responsible for the
goods and property of his guests.

(b) ---Innkeeper--- means the. keeper of any su,'i place and
includes a public company.

3. An innkeeper shall in no case be liable to make good
to his guest any loss of or injury to goods or property brought
to his inn by such guest, unless the same have or has been
stolen, lost, or injured through the wilful act, default- or neglect
of such innkeeper or any servant in his employ: Provided
always that, in any action or -other proceeding instituted to
recover compensat~.-n for such loss or injury, the fact of such
loss or injury shall be deemed primii facie evidence of negli-
gence, and that no innkeeper shall be entitled to the benefit of
this section unless he shows that he used the utmost care that
could be reasonably expected of him to protect his guest against
such loss or injury.

4. An innkeeper shall not be liable to make good to his
guest any loss of or injury to goods or property brought to
his inn by such guest to a greater amount than five hundred
dollars, unless such goods or property have or has been
deposited with him for safe custody, under the provisions next
hereinafter contained: Provided always that this section shall
not be deemed to. limit the liability of the innkeeper in any
case where there is proof of any wilful act, neglect, or default,
or of fraud or collusion in connexion with such loss or injury,
on the part of the innkeeper himself or of an . y manager
or other person entrusted by him with the general control and
management of the inn.

5. Every innkeeper shall he bound to receive from his
guest on demand, for the purpose of safe custody, any goods
or property, and to give a deposit note stating the value thereof,
subject to the following' conditions:-

(i) that the guest shall, at the time of such deposit, declare
the value of such goods or property; and
(2) that the guest shall, if so required by the innkeeper,
provide a. box or other receptacle for such deposit and fasten
and seal the same.-





Provided al~A,,ays that the innkeeper may refuse to receive
for safe custody goods or property-of any one guest, the
declared value of which exceeds five thousand dollars, and that
lie shall in no case be liable for loss of or, injury to goods or
property so deposited by a guest to an amount exceeding the
declared value thereof.

6. If any innkeeper refuses to receive for safe custody, as
hereinbefore mentioned, any goods or property of his guest,
ille declared value of which does not cxceed five thousand
dollars, or if any such guest, through any default of such
innkeeper, is unable to deposit such goods or property as
aforesaid, such innkeeper shall not be entitled to the benefit
of this Ordinance in respect of such goods or property.

7. Every innkeeper shall cause at least one copy of this
Ordinance, printed in plain type, in English and Chinese, to
be exhibited in a conspicuous part of the Iiall or entrance to
his inn, aYid he shall be entitled to the benefit of this Ordinance
in respect of such goods or property only as may be brought
to his inn.while such copy is so exhibited.

8. An innkeeper shall, in addition to his ordinary lien, have
the right absolutely to sell by public auction an~, property which
may have been deposited with hijil or left in the inn he keeps or
in the premises appurtenant or belonging thereto, where the
person depositing or leaving suich property shall be or become
indebted to the said innkeeper either for any board or lodgiug
or for the keel) or expenses of any animal left with such
innkeeper or standing at livery in the stables or fields -occupied
by such innkeeper: Provided however-

(i) that, except in the case of perishable property, no such
sale shall be made. until after the said property shall have been
for the space of six -%,,,.eelzs in such charge or custody or in or
upon such prenlises -without such debt having been satisfied,

(2) that such innkeeper, after having, out of the proceeds
of such sale, paid himself the amount of any such debt together
with the costs and expenses of such sale, shall on demand pay
to the person depositing or leaving such property the surplus
(if any) remaining after such sale;

As amended by Law Rev. Ord., 1937.
(3) that the debt for the payment of which a sale is made
shall not be any other or greater debt than the debt for which
the property could have been retained by the innkeeper under
his lien;

(4) that, in the case of perishable property, as soon as
conveniently may be either before or after such sale, and in
the case of other property at least one month before any such
sale, the innkeeper shall cause to be inserted in a newspaper
circulating in the Colony an advertisement containing a notice
of such sate or intended sale and giving shortly a description
of the property sold or intended to be sold together with the
name of the owner or person where known who deposited or left
the same.
[12.12.30]
[24.7.36]
[Originally No. 11 of 1870. -- Law Rev Ord., 1937.]
26 & 27 Vict. c. 41.
Short title.
Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance. Innkeeper to have a right of sale in addition to his lien. [cf. 41 & 42 Vict. C. 38, s. 1.]

[12.12.30]
[24.7.36]
[Originally No. 11 of 1870. -- Law Rev Ord., 1937.]
26 & 27 Vict. c. 41.
Short title.
Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where goods not deposited for safe custody. Innkeeper to receive property of guest for safe custody. Innkeeper refusing to receive property of guest for safe custody. Exhibition at inn of copy of the Ordinance. Innkeeper to have a right of sale in addition to his lien. [cf. 41 & 42 Vict. C. 38, s. 1.]

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