1890_INNKEEPERS__LIABILITY_ORDINANCE__1870 — Page 1

1062

Title

[See 26 and 27 V. o. 41.]

Preamble

Short title.

Interpreta-

tion clause.

General

limitation of innkeeper's liability

Loss is prima

Taote evidence

of negligence.

Limitation of liability where goods not deposited for safe cus tody.

Proviso as to default or collusion of minkeeper

ORDINANCE No. 11 OF 1870.

Liability of Innkeepers.

No. 11 of 1870.

An Ordinance to amend the Law respecting the Liabilities of

Innkeepers.

WHERE

[26th August, 1870.]

HEREAS it is expedient to amend the law respecting the liability. of innkeepers: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the "The Innkeepers' 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 property of his guests, and the word "Innkeeper" shall mean the keeper of any such place and shall include a public company.

3. From and after the passing of this Ordinance, 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 shall have 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 all actions or other proceedings 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 no innkeeper shall be entitled to the benefit of this section unless he shall show 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 shall have been deposited with him for safe custody, under the provisions next hereafter contained: Provided always that this section shall not be deemed to limit the liability of the innkeeper in any case. where there shall be proof of any wilful act, neglect, or default, or of fraud or collusion in connection with such loss or injury, on the part of. the innkeeper himself, or of any manager or other person entrusted by him with the general control and management of the inn.