INNKEEPER. 



209 



But if he knew at the time the horse was left, that the 

 person who brought it was a wrongdoer, and not the owner 

 of it, he has made himself a party to the wrongful act, and 

 has no lien upon the horse for its keep ; and the question 

 as to the scienter must be left to the jury (s). 



The horse must be placed at the inn by a guest to entitle 

 the innkeeper to detain it for its keep ; for where a person 

 was stopped with a horse under suspicious circumstances, 

 and it was left at an inn by the police, it was held that the 

 innkeeper had no lien, and that an auctioneer, by tbe direc- 

 tion of the innkeeper, selling the horse for its keep, was 

 liable to the owner of the horse in an action of trover (t). 



If the innkeeper previously agree to give the guest credit 

 for his entertainment, he cannot detain his horse or goods ; 

 or if where there has been no such agreement, he suffer his 

 guest's horse to depart without payment, or by any other 

 means give credit to the owner, he cannot afterwards 

 detain it for the debt upon its coming again into his 

 possession (i«). 



If a third party promise the innkeeper to satisfy him for 

 the meat of the horse, in consideration that he will deliver 

 it to the guest, it is a good promise ; for there is a good 

 consideration, inasmuch as the iunkseper loses the detainer, 

 which is a damage, and the guest regains the horse, which 

 is the advantage (*). 



But where the owner of a horse has fraudulently got 

 possession of it to defeat the lien, the innkeeper may retake 

 it without force, for the lien is not put an end to by his 

 having thus parted with the possession of it(y). But it is 

 held that the innkeeper must make fresh pursuit after it, 

 and retake it, otherwise the custody is lost ; for he cannot 

 take it at any other time, as it is in the nature of a distress. 

 But where there is a lien by agreement, it is in the nature 

 of a pledge, and the innkeeper may retake the horse, not 

 only on fresh pursuit, but also wherever he finds it (2). 



It has been held that an innkeeper who detains a horse 

 for his keep has a lien upon him for the necessary food 

 supplied when thus in his possession, even if it be given 

 against the express direction of the owner. Thus where the 

 owner of a horse standing at an inn came and directed that 



But not if he 

 knew it at 

 the time it 

 was left. 



A horse left 

 by the police. 



Giving a 

 guest credit. 



A third party 

 when answer- 

 able. 



Horse re- 

 moved to de- 

 feat the lien. 



Keep during- 

 detention. 



(s) Johnson v. Bill, 3 Stark. N. 

 P. C. 172. 



{t) Binns v. Pigot, 9 C. & P. 208. 



\ii) Jones V. Thurloe, 8 Mod. 172 ; 

 S. C. Jones v. Pearle, 1 Str. 557. 



O. 



(x) Hutton, 101. 



(j/) JFallace v. Wood^ate, Ey. & 

 M. 193 ; -S'. C. 1 C. & P. 575. 



(z) Mosse V. Bramstead, 2 Rol. 

 Eep. 438. 



