INNKEEPER. 227 



of its head," that is, consume as much as it is worth, he 

 could not sell it, except he lived in London or Exeter, 

 where by the custom of those places, if the Horse is the 

 property of the guest, he may take it as his own upon the 

 reasonable appraisement of four of his neighbours {y). 



But now, by the Innkeepers' Act, 1878 (41 & 42 Vict. But may now 

 c. 38), s. 1, "the landlord, proprietor, keeper or manager sell Horse 

 of any hotel, inn or licensed public-house shall, in addition -^^eeks. 

 to his ordinary lien, have the right absolutely to sell and 

 dispose by public auction of any goods, chattels, carriages, 

 Horses, wares or merchandise which may have been de- 

 posited with him, or left in the house he keeps, or in the 

 coach-house, stable, stable-yard, or other premises appur- 

 tenant or belonging thereunto, where the person depositing 

 or leaving such goods, chattels, carriages. Horses, wares or 

 merchandise shall be or become indebted to the said inn- 

 keeper either for any board or lodging or for the keep 

 and expenses of any Horse or other animals left with or 

 standing at livery in the stables or f].elds occupied by such 

 Innhecper : 



"Provided that no such sale shall be made until after the 

 said goods, chattels, carriages. Horses, wares or merchandise 

 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 paid or satisfied, and that such Iinikeeper, 

 after having, out of the proceeds of such sale, paid himself 

 the amount of any such debt, together with the costs and 

 expenses of such sale, shall on demand pay to the person 

 depositing or leaving any such goods, chattels, carriages. 

 Horses, wares or merchandise the surplus (if any) remaining 

 after such sale : 



" Provided further, 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 goods or other articles could 

 have been retained by the Ijuikcejjer under his lien : 



" Provided also, that at least one month before any such 

 sale the landlord, proprietor, keeper or manager shall cause 

 to be inserted in one London newspaper and one country 

 newspaper circulating in the district where such goods, 

 chattels, carriages. Horses, wares or merchandise or some of 

 them shall have been deposited or left, an advertisement 



in/) Baldivay v. Ouster, 1 Vent. 207 ; Robinson v. Walter, 3 Bulstr. 

 71; TTesibrook v. Griffith, Moor. 270; Bac. Abr. tit. Inns and Inn- 

 876 ; Moss v. Tounsend, 1 Bulstr. keepers. 



y2 



