224 



INXKEEPERS, VETERINARY SURGEON?, ETC. 



Cannot detain 

 a Guest for 

 his bill. 



But may 



detain bis 

 Horse. 



His right of 

 lien. 



Horses and 

 carriages 

 sent to lively 

 at an Inn. 



Cannot sell 

 one Hoi'se for 

 tlie keep of 

 others. 



of siicli persons, set up by law for entertainment, has the 

 same privilege as the stables, and an action of Trover can- 

 not bo maintained against him for detaining the Horse of 

 his Gruest, unless the money due for its keep has been paid 

 or tendered («^). 



An Innl^eeper cannot detain a Guest, or take off his 

 clothes, in order to secm-e payment of his bill («). 



But he may detain his Horse, or may bring an action for 

 lodging, &c. without any special contract (o). 



It has been said that the Horse of a Guest can be de- 

 tained only for his own meals, and not for the meals and 

 expenses of the Guest (75). But this doctrine was doubt- 

 ful ((z). And in a recent case (r), the Court of Appeal 

 held, that a chattel although deposited with the Innkeeper 

 and placed by him apart from the personal goods of the 

 Guest, may be detained by him on account of money owing 

 to him for the lodging, food, and entertainment of the 

 Guest. 



An InnJceeper^s right of lien depends upon the fact of 

 the goods coming into his possession in his character of 

 Innkeeper, as belonging to a Guest (s). So in a case in 

 which a Trainer of Racehorses went to an Inn, stayed 

 there for a length of time, and put the Horses into train- 

 ing ; nothing being said of any special Contract between 

 him and the Innkeeper, it was held by the Exchequer 

 Chamber that he came there on the ordinary terms of an 

 Inn, and that the Innkeeper had a lien on the Horses 

 for their keep, although they were frequently taken off the 

 premises for days together to attend races (t). 



But if a man send his Horses and Carriage to livery at 

 an Inn, and they are so received, the fact of his becoming 

 a Guest at a subsequent period does not give the Inn- 

 keeper any lien (s). 



Where several Horses are brought to an Inn by the 

 same person, each by the custom of London may be sold 

 for his own keep only and not for the keep of the others ; 



(to) 2 Eol. Abr. 85; Cro. Car. 

 271 ; Cai-th. 150 ; 1 Salk. 388. 



(w) Bac. Abr. Tit. Inns and Inn- 

 keepers, 451 ; Sunholf y. Alford, 3 

 M. & W. 248. 



(o) Saunders v. Plummer, Orl. 

 Bridg. 227 ; Smith v. Dearlove, 6 

 C. B. 135. 



{p) Bac. Abridg. Inns and Inn- 

 keepers. 



{q). See Story on Bailments, 503, 



504. 



(r) Florence v. Mullbier, L. R., 

 3 Q. B. D. 484; 47 L. J., Q. B. 

 700; 38 L. T., N. S. 167. 



{s) Smith V. Dearlove, 6 C. B. 

 135 ; S. C. 12 Jur. 377. 



[t) Allen V. Smith, 9 Jur., N. S. 

 230, 1284 ; and see MuUiner v. 

 Florence, L. R., 3 Q. B. D. 484 ; 

 47 L. J., Q. B. 700; 38 L. T., 

 N. S. 167. 



