INNKEEPEK. 211 



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 fields occupied by such 

 innkeeper. 



"Provided that no such sale sb all be made until after 

 the said goods, chattels, carriages, horses, wares, or mer- 

 chandise 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 innkeeper, 

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

 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 innkeeper 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 

 containing notice of such intended sale, and giving shortly 

 a description of the goods and chattels intended to be sold, 

 together with the name of the owner or person who de- 

 posited or left the same, where known." 



The lien of an innkeeper over a chattel belonging to a Waiver of 

 guest is waived, if in order to reimburse himself he sells it, ^^^°- 

 unless under the foregoing enactment, and this rule holds 

 good even although the retention of the chattel is attended 

 with expense (/). But an innkeeper who accepts security 

 froih his guest for the payment of his bill does not waive 

 his lien upon the goods of the guest unless there is some- 

 thing in the nature of the security, or in the circumstances 

 under which it was taken, which is inconsistent with the 

 existence or continuance of the lien and, therefore, de- 

 structive of it ((jf) . 



(/) MulUner y. Florence, 3 Q, B. (?) Angus y. McLachlan, 23 Ch. 



D. 484; 47 L. J., Q. B. 700 ; 38 D. 330 ; 52 L. J., Ch. 587; 48 L. T., 

 L. T., N. S. 167 ; 26 W. K. 385— N. S. 863 ; 31 W. E. 641. 

 C. A. 



p 2 



