208 



INNKEEPERS, VETERINARY SURGEONS, ETC. 



His right of 

 lien. 



Horses aud 

 carriage 

 sent to liyery 

 at au inn. 



Cannot sell 

 cue horse for 

 the keep of 

 others. 



Has a lien 

 on a horse 

 left hy a 

 wrongdoer. 



It has been said that the horse of a guest can be detained 

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

 of the guest (/t). But this doctrine was doubtful (Z). And 

 in a comparatively recent case (m), 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 lodgmg, food, and entertainment of the guest. 



An innkeeper's right of lie)i depends upon the fact of the 

 goods coming into his possession in his character of inn- 

 keeper, as belonging to a guest (k). So in a case in which a 

 trainer of racehorses went with them to an inn, stayed there 

 for a length of time, and put the horses into training ; no- 

 thing 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 (o) . 



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 innkeeper any 

 lien («). 



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 ; so that 

 if the innkeeper permits the guest to take away all but one, 

 he cannot sell this to pay the expenses of keeping the whole, 

 but must deliver it up on tender of the amount for its own 

 keep (^). 



where a person wrongfully seizes a horse, and takes it 

 to an inn to be kept, the owner cannot have it until he has 

 satisfied the innkeeper for its meat ; for the innkeeper is not 

 bound to inquire who is the owner of the property brought 

 to his inn (g). li the innkeeper m such case was to have 

 no Hen, Doderidge, J., said, " It were a pretty trick for one 

 who wants keeping for his horse " (r). 



(k) Bac. Abridg. Inns and Inn- 

 keepers. 



(/) See Story on Bailments, 503, 

 604. 



(m) MtdUner v. Florence, 3 Q. B. 

 D. 484; 47 L. J., Q. B. 700; 38 

 L. T., N. S. 167— C. A. 



(«) Smith V. JDearlove, 6 C. B. 

 135 ; S. C. 12 Jur. 377. 



(o) Allen V. Smith, 9 Jur., N. S. 

 230, 1284 ; and see MulUner ¥. 

 Florence, ubi supra. 



(p) Moss V. Townsencl, 1 Bulst. 

 207. But see the Innkeepers Act, 

 1878 (41 & 42 Vict. c. 38), s. 1, post. 



(g) Turrell v. Crawley, 18 L. J., 

 Q. B. 155. 



()■) Robinson v. Walter, Pop. 127. 



