INNKEEPERS ORDINANCE

INNKEEPERS ORDINANCE

CHAPTER 158.

INNKEEPERS.

To provide for the relief of innkeepers.

[26th August, 1870.]

1. This Ordinance may be cited as the Innkeepers Ordinance.

2. In this Ordinance-

'inn' means any hotel, inn, or other place of refreshment, the keeper of
which is now by law responsible for the goods and property of
his guest;

'innkeeper' means the keeper of any such 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 compensation for such loss or injury,
the fact of such loss or injury shall be deemed prima facie evidence of
negligence, 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 arnount 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 innkepper himself or of any manager or other person entrusted by
him with the general control and management of the inn.





5. Every innkeeper shall be 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

(a)that the guest shall, at the time of such deposit, declare the
value of such goods or property; and

(b)that the guest shall, if so required by the innizeeper, provide
a box or other receptacle for such deposit and fasten and
seal the same :

Provided always 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 he 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, the
declared value of which does not exceed 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 ball or entrance to his inn, and 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 any property which may have
been deposited with him or left in the inn he keeps or in the premises
appurtenant or belonging thereto where the person depositing or
leaving such property shall be or become indebted to the said
innkeeper either for any board or lodging or for the keep or expenses of
any aninial left with such innkeeper or standing at livery in the stables
or fields occupied by such innkeeper : Provided however--





(a)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 weeks in such charge or custody or in or
upon such premises without such debt having been
satisfied;

(b)that such innkeeper, after having, out of the proceeds of
such sale, paid himself the aniount 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;

(c)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;

(d)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 sale 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.
Originally 11 of 1870. Fraser 3 of 1870. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where good 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.] [s. 8 cont.]

Originally 11 of 1870. Fraser 3 of 1870. Short title. Interpretation. General limitation of innkeeper's liability. Limitation of innkeeper's liability where good 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.] [s. 8 cont.]

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