biodifica-
tions of
liabilities and
rights of innkeepers
Da such.
subject to the provisions of this Ordinance, attach to the proprietor of such an hotel and shall not attach to any other person,
(2) The proprietor of an hotel shall, as an innkeeper, be under the like liability, if any, to make good to any guest of his any damage to property brought to the hotel as he would be under to make good the loss thereof,
4. (1) Without prejudice to any other liability incurred by him with respect to any property brought to the hotel, the proprictor of an hotel shall not be liable as an innkeeper to make good to any traveller any loss of or damage to such property except where-
(a) at the time of the loss or damage sleeping accommodation at the hotel had been engaged for the traveller; and (5) the loss or damage occurred during the period commencing with the midnight immediately preceding, and ending with the midnight immediately following, a period for which the Traveller was a guest at the hotel and entitled to use the accommodation so engaged.
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(2) Without prejudice to any other Rability of his or to the provisions of section 5 or other right of his with respect thereto, the proprietor of an hotel shall not as an innkeeper be liable to make good to any guest of his any loss of or damage to, or have any lien on, any vehicle or any property left therein.
(3) Where the proprietor of an hotel is liable as an innkeeper to make good the loss of or any damage to property brought to the hotel. his liability to any one guest shall not exceed the sum of one thousand dollars in respect of any one article, or the sum of two thousand dollars in the aggregate, except where
(a) the property was stolen, lost or damaged through the default, neglect or wilful act of the proprietor or some servant of his; or (b) the property was deposited by or on behalf of the guest expressly for safe custody with the proprietor or some servant of his authorized, or appearing to be authorized, for the purpose, and, if so required by the proprietor or that servant, in a container fastened or scaled by the depositor and when property is deposited in accordance with the provisions of this paragraph, the liability of the proprietor as an innkeeper to any one guest in respect of the loss of or damage to property so deposited shall not exceed the value thereof as declared by or on behalf of the guest at the time of deposit;
от
(c) at a time after the guest had arrived at the hotel, either the property in question was offered for deposit as aforesaid and the proprietor or his servant refused to receive it, or the guest
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or some other guest acting on his behalf endeavoured to offer the property in question but, through the default of the proprietor or a servant of his, was unable to do 30: Provided that the provisions of this paragraph shall not apply where the value of the property as declared by or on behalf of the guest when offered for deposit exceeds the sum of ten thousand dollars:
Provided that the proprietor shall not be entitled to the protection of this subsection onless, at the time when the property in question was brought to the hotel, a copy of the notice set out in the Schedule printed Schedule. in plain type was conspicuously displayed in a place where it could conveniently be read by his guests at or near the reception office or desk or, where there is no reception office or desk, at or near the main entrance to the hotel.
sale.
5. A proprietor of an hotel shull as an innkeeper, in addition to Power of his ordinary lien, have the right absolutely to sell by public auction any property which may have been deposited with him or left in his hotel or in premises appurtenant or belonging thercto, where the guest deposit- ing or leaving such property shall be or become indebted to him for any board or lodging:
Provided however—
() that, except in the case of perishable property, no such sale shall be made until after the 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;
(1) that such proprietor, after having, out of the proceeds of such salc, paid himself the amount of any such debt together with the costs and expenses of such sale, shall on demand pay to the guest depositing or leaving such property the surplus, if any, remaining after such sale;
(i) 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 proprietor as an innkeeper under his lien;
(iv) 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 proprietor 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 guest where known who deposited or left it.
6. The Innkeepers Ordinance is hereby repealed.
Repeal (Cup. 158).