INNKEEPERS' LIABILITY ORDINANCE, 1870

INNKEEPERS' LIABILITY ORDINANCE, 1870

Liability of Znnkeep_~rs.

No: :I1 0f 184.

.A: n. (3d%nance to amend the Law respecting the Liabilities of

Innkeepers.

[26th August, 18i0.]

IIEREAS it is expedient to acriend the law respecting the liability

. -of innkeepers :~ Be it enacted- by ,,the Governor of Ilonnkonn,.
with the advice of the Legislative Gouucilthereof,,'as follows

' 1. ;This :Ordinance may be cited as the -

The In nkeepers' Liability:

..,.,,.Ordinance,- 1870.'

2. In the interpretation of this Ordinance, the word ``Inn' shall
mean any hotel, inn or other place of refreshment, the keeper of which is
now by law responsible for the goods and xproperty of his guests, and
the word 'Innkeeper' shall mean the beeper of any such place and shall

From and after the.passiny of this Urd;tianee, an innkeeper shall
a~,°~A

~ s'A xn goyca.~e lie liable, to made ~ood.to his ~iest,.,-tiny 'lost of
or injury to:

~~v -_ gof' or property brouht'to his

ilia, 'by such-guest unless the same shall
~` Have been stolen, lost, or injured through. the wilful act, default, or

a.z'-X;a. r 3llegloct of such innkeeper or any servant=in his employ:
Provided always,
~~`,ca.- ~tlxat its. all actions or other proceedings instituted to
recover conapensation
~~' ~= foe-such loss or injury, the fact of such' loss or injury shall be
deemed

:~a~re$ facie evidence of ne(lioeuce; and no'innkeeper shall be entitled
to
x A_:~kc~.1~.e~xefit:oF this,--secton.uP le~_

he -shall show ~hnt he used the utmost

auld be ieasoriably expecw d of hxtn to protect his guest against -

x ~,~t~Qt,o, ~~ , ~ ~`' ~ ~~ -innl~eeper~ shall. not bWliable
'to~.xnaIze good to his west any

=

~~x -Wbete.gob~s RA Ls c~f of rylixry to goods or property broualit to hi

!a x
s itin by such guest,.

amt :e~epos~bed °: ~.. ~ ,~ _

2f- ~1-s~,~e ~u~ .; - : 'to ~.- greater amount span five litzndred
$doll:ars; unless -such hoods or -
~~°`~ probey shall have been deposited with him:-for safe custody, under
the:
asto - . provisions next hereafter, contained v'rovided. always that this
section
,~,~ shall not be deemed t~ lmiit the liability of the innkeeper in any
-case-

''~' ~'`'~k~there sloall` be proof of any wilful ac-t, neglect, or
default, or

of.

zd -or collusion im connection vsritlr such loss or injury, on the part
of:
iriixheeper himself, or of any manager or other person entrusted -b;

J'I'' the general control and manaverneat,of tbe~inn,

kWwl
Liability of Innkeepers.

6. Every innkeeper shall be- -bound to receive from his >grzest ~.¢

demand, for the purpose of safe clistody,,.any goods or property, and to

give a ` deposit note stating the value thereof, subject to the following
30
conditions, that is to say:-

1. That the Guest shall at the time of such deposit declare the
value of such goods or property.

2. That,=the west shall, if so required by the innkeeper, provide
sa 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;
under this section,'goods or property of any one guest, the declared value
of which shall exceed five thousand' dollars, and that he shall~in no case
be liable far loss of or injury to goods or property so deposited by a
guest
to an amount exceeding the declared value thereof.

beposit of
pert by;..::;':
guest far -safe
oustody.

6. If any innkeeper shall refuse to receive fur safe custody, as before
penalty fot
mentioned, any goods of -property of his guest, the declared value of
refusing t°
which shall not exceed five thousand dollars, or if any such guest shall,
gproperty ~,
u;,

through any default of such innkeeper,; be unable to deposit such goods
°uetody
or property as aforesaid, such irm*keeper shall not be entitled to -th a
=benefr'fi< o

:of this' Ordinance in. respect of sxieh--goods or, property.

7, .Every inrihcepe;r shall cause at least one copy of this
printed in plain type; in English and Chinese; to be exhibited ill a
con=e ~ n pie,

ously ex'
spicuous part of the hall or entrance to his inn, and he shall be
entitled to
the benefit of this Ordinance in respect of.such goods .or property
on.ly;as
shall be brought to his inn while such copy shall be so exhibited..
1062
Title.
[See 26 and 27 V. c. 41.]
Preamble.
Short title.
Interpretation clause.
General limitation of innkeeper's liability.
Loss is prima facie evidence of negligence.
Limitation of liability where goods not deposited for safe custody.
Proviso as to default or collusion of innkeeper.
1063
Deposit of property by guest for safe custody.
Penalty for refusing to receive property of guests for safe custody.
Notice of law, &c., to be conspicously exhibited.

1062
Title.
[See 26 and 27 V. c. 41.]
Preamble.
Short title.
Interpretation clause.
General limitation of innkeeper's liability.
Loss is prima facie evidence of negligence.
Limitation of liability where goods not deposited for safe custody.
Proviso as to default or collusion of innkeeper.
1063
Deposit of property by guest for safe custody.
Penalty for refusing to receive property of guests for safe custody.
Notice of law, &c., to be conspicously exhibited.

https://oelawhk.lib.hku.hk/items/show/280

1890

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No. 11 of 1870

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