this state, who shall constantly have in his inn an iron safe, in good order, and suitable for the safe custody of money, jewelry and articles of gold and silver manufacture, and of the like, and who shall keep a copy of sections 7578 and 7579 printed by itself, in large plain English type, and framed, constantly and conspicuously suspended in the office, barroom, saloon, reading, sitting and parlor room of his inn and also a copy printed by itself, in ordinary-sized plain English type, posted upon the inside of the entrance door of every public sleeping-room of his inn, shall be liable for the loss of any such articles aforesaid, suffered by any guest, unless such guest shall have first offered to deliver such property lost by him to such innkeeper, for custody in such iron safe, and such innkeeper shall have refused or omitted to take it and deposit it in such safe for its custody and to give such guest a receipt therefor. f Montana, § 5165, same as Arizona 1 2920. g1 Nebraska, § 3764. No innkeeper, or hotelkeeper, whether individual, partnership or corporation, who constantly has in his inn or hotel a metal safe or suitable vault in good order, and fit for the custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, and bullion, and who keeps on the doors of the sleeping-rooms used by guests suitable locks or bolts, and on the transoms and windows of said rooms suitable fastenings, and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in not less than ten conspicuous places in all in said inn or hotel, shall be liable for the loss or injury suffered by any guest, unless such guest has offered to deliver the same to such innkeeper or hotelkeeper for custody, in such metal safe or vault, and such innkeeper or hotelkeeper has omitted or refused to take it and deposit it in such safe or vault for custody and to give such guest a receipt therefor. Provided, however, that the keeper of any inn or hotel shall not be obliged to receive from any one guest for deposit in such safe or vault any property hereinbefore described exceeding a total value of three hundred dollars, and shall not be liable for any excess of such property whether received or not. g2 Nebraska, § § 3765. But such innkeeper or hotelkeeper may by special arrangement with a guest receive for deposit in such safe or vault any property upon such terms as they may agree to in writing, but every innkeeper or hotelkeeper shall be liable for any loss of the above enumerated articles of a guest in his inn or hotel after said articles have been accepted for deposit if caused by the theft or negligence of the innkeeper, hotelkeeper, or any of his servants. h North Dakota, § 5477, substantially same as Arizona ¶ 2920, except in line 2, after "innkeeper," insert "or boarding-house keeper" before "keeps"; also in lines 3 and 6 and in the last line, after "guest," insert "or boarder." i Oklahoma, § 2854, substantially same as North Dakota § 5477. j South Dakota, C. C. § 1383, same as North Dakota § 5477. k Washington, § 1203. No innkeeper who constantly has in his inn an iron safe or suitable vault in good order, and fit for the safe custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones and bullion, and who keeps a copy of this section, printed by itself in large, plain Roman type, and framed, constantly and conspicuously suspended in the office, barroom, saloon, reading, sitting, and parlor room of his inn, and also a copy printed by itself in ordinary-sized plain Roman type, posted upon the inside of the entrance door of every public sleeping room of his inn, shall be liable for the loss of any such article suffered by any guest, unless such guest has first offered to deliver such property lost by him to such innkeeper for custody in such iron safe or vault, and such innkeeper has refused or neglected to receive and deposit such property in his safe or vault, and to give such guest a receipt therefor: Provided, that all doors to rooms furnished to guests shall be provided with slide-bolts inside of such rooms on all doors; otherwise he shall be liable; but every innkeeper shall be liable for any loss of the above enumerated articles by a guest in his inn, when caused by the theft or negligence of the innkeeper or any of his servants. 1 Wisconsin, § 1725, substantially same as Missouri § 7578. m Wyoming, § 2514. Every landlord or keeper of a public inn or hotel in this state, who shall keep in his place of business an iron safe, in good order and suitable for the purpose hereinafter named, and who shall post or cause to be posted in some conspicuous place in his office, and on the inside of every entrance door to every bedchamber, the notice hereinafter mentioned, shall not be liable for the loss of any money, jewelry or other valuables belonging to his guests or customers, unless such loss shall occur by the hand or through the negligence of such landlord, or by a clerk or servant employed by him in such hotel or inn; provided, that nothing herein contained shall apply to such amount of money or other valuables as is usually common and prudent for any such guest to retain in his room or about his person. Lien for charges on baggage. California, § 1861. Hotel, inn, boarding-house and lodging-house keepers shall have a lien upon the baggage and other property of value of their guests, or boarders, or lodgers, brought into such hotel, inn, or boarding or lodging-house, by such guests, or boarders, or lodgers, for the proper charges due from such guests, or boarders, or lodgers, for their accommodation, board and lodging, and room rent, [and] such extras as are furnished at their own request, with the right to the possession of such baggage or other property of value, until all such charges are paid. (Kerr's Cyc. Civ Code.) The following statutes treat of the same subject as the foregoing. Where the provisions differ materially from the above, a further reference is made in a lettered note succeeding and the difference there shown: Arizona, Rev. Stats. 1901, ¶ 2916. a Arkansas, Dig. of Stats. 1904 (Kirby), § 5054. b Colorado, Rev. Stats. 1908, § 4013. c Hawaii, Laws 1907, p. 192, § 1. d lowa, Ann. Code 1897, § 3138. • Missouri, Ann. Stats. 1906, § 4237. f Montana, Rev. Codes 1907, § 5166. & Nebraska, Comp. Stats. Ann. 1909, § 3766a; Ann. Stats. (Cobbey), § 6391. h New Mexico, Comp. Laws 1897, § 2239. North Dakota, Rev. Codes 1905, § 6292. 1 Oklahoma, Rev. and Ann. Stats. 1903 (Wilson), § 2853; Comp. Laws 1909 (Snyder), § 3014. 1 Oregon, Ann. Codes and Stats. 1902 (Bel. & Cot.), § 5703. k South Dakota, Rev. Codes 1903, C. C. § 1381. 1 Texas, Civ. Stats. 1897 (Sayles), Art. 3318. m Utah, Comp. Laws 1907, § 1402. n Washington, Code 1910 (Rem. & Bal.), § 1201. • Wisconsin, Stats. 1898 (San. & Ber. Ann.), § 3344. » Wyoming, Rev. Stats. 1899, § 2860. a Arkansas, § 5054. Every person operating any hotel, inn or boarding-house in this state shall have a lien upon the baggage and personal effects of all persons receiving food, entertainment or accommodation thereat or therefrom. b Colorado, § 4013. The keeper of any hotel, tavern, or boarding-house, or any person who rents furnished or unfurnished rooms, shall have a lien upon the baggage and furniture of his or her patrons, boarders, guests or tenants, for such boarding, lodging or rent, and for all costs incurred in enforcing such lien; provided, that the provisions of this section shall not apply to stolen stock. c Hawaii, Laws 1907, p. 192, § 1, substantially same as Cal. Civ. Code § 1861, except at the opening after "Hotel" omit "inn, boarding-house, and lodginghouse" before "keepers"; also, in line 4 omit "inn, or boarding or lodging-house" before "by such guests." 4 lowa, § 3138, see note c to Cai. Civ. Code 1859. e Missouri, §4237. Hotel, inn and boarding-house keepers shall have a lien upon the baggage and other valuables of their guests or boarders brought into such hotel, inn or boarding-house by such guests or boarders, and upon the wages of such guests or boarders, for their proper charges due from such guests or boarders for their accommodation, boarding and lodging, and such extras as are furnished at their request. 1 Montana, § 5166. Hotelmen, boarding-house and lodging-house keepers shall have a lien upon the baggage and other property of value brought into such hotel, inn or boarding or lodging house, by such guest or boarder or lodger, for their accommodation, board or lodging and room rent and such extras as are furnished at their request, with the right of the possession of such baggage or other property of value, until all such charges are paid. Provided, however, that nothing herein contained shall be construed to give a lien upon property sold on the instalment plan and title to which is to remain in the vendor until final payment. g Nebraska, § 3766a. The keeper of any inn or hotel whether individual, partnership or corporation, shall have a lien on the baggage and other property in and about such inn belonging to or under the control of his guests or boarders for the proper charges due him from such guests or boarders, for the accommodation, board and lodging, and for all money paid for or advanced to them not to exceed the sum of two hundred dollars, and for such other extras as are furnished at their request, and said innkeeper or hotelkeeper shall have the right to detain such baggage and other the property until amount of such charges is paid, and such baggage and other property shall be exempt from attachment, or execution until such innkeeper's lien and the cost of satisfying it are satisfied. New Mexico, § 2239. Innkeepers and livery stable keepers, and those who board others for pay, or furnish feed or shelter for the property and stock of others, shall have a lien on the property and stock of such guest or guests, or of those to whom feed or shelter has been furnished while the same is in their possession, and until the same is paid. i Oklahoma, § 2853, see note h to Cal. Civ. Code § 1859. 1 Oregon, § 5703. Hotelkeepers, innkeepers, lodging-house keepers, and boarding-house keepers shall have a lien upon the baggage, clothing, jewelry, and other valuables of their guests, lodgers, or boarders brought into such hotel, inn, lodging-house, or boarding-house by such guest, lodger, or boarder for the reasonable charges due from such guests, lodgers, or boarders for their accommodation, board, or lodging, and such extras as are furnished at the request of such guest, lodger, or boarder; and such hotelkeeper, innkeeper, lodging-house keeper, or boarding-house keeper may retain and hold possession of such baggage, clothing, jewelry, and other valuables until such charges be paid. k South Dakota, Civ. Code § 1381, substantially same as Oklahoma § 2853, see note i to Cal. Civ. Code § 1859. 1 Texas, Art. 3318. Proprietors of hotels and boarding-houses shall have a special lien upon all property or baggage deposited with them for the amount of the charges against them or their owners if guests at such hotel and boardinghouse. m Utah, § 1402. Every hotel, tavern, or boarding-house keeper, or person who lets furnished rooms shall have a lien upon the baggage of his patrons, boarders, guests, and tenants for the amount that may be due from any such persons for such boarding, lodging, or rent, and he is hereby authorized to hold and retain possession of such baggage until the amount so due for boarding, lodging, or rent, or either, is paid. n Washington, § 1201. Hereafter all hotelkeepers, innkeepers, lodging-house keepers, and boarding-house keepers in this state shall have a lien upon the baggage, property, or other valuables of their guests, lodgers, or boarders brought into such hotel, inn, lodginghouse, or boarding-house by such guests, lodgers, or boarders, for the proper charges due from such guests, lodgers, or boarders for their accommodation, board, or lodging, and such other extras as are furnished at their request, and shall have the right to retain in their possession such baggage, property, or other valuables until such charges are fully paid, and to sell such baggage, property, or other valuables for the payment of such charges in the manner provided in the next succeeding section of this chapter. o Wisconsin, § 3344. Every innkeeper and every keeper of a boarding-house shall have a lien upon and retain the possession of the baggage and effects of any guest or boarder for the amount which may be due him for board from such guest or boarder until such amount is paid; and every keeper of a livery or boarding-stable, and every person pasturing or keeping any horses, carriage, harness, mules, cattle or stock shall have a lien upon and may retain the possession of any such horses, carriage, harness, mules, cattle or stock for the amount which may be due him for the keeping, supporting and care thereof until such amount is paid. p Wyoming, § 2860. Any keeper of a hotel or boarding-house or lodging-house or restaurant shall have a lien upon the baggage or other personal property of any person who shall have obtained board or lodging or both, from such keeper, for the amount due for such board or lodging, and such keeper is hereby authorized to retain the possession of such baggage, or personal property until said amount is paid. §331. COMPLAINTS [OR PETITIONS]. FORM No. 687-Against an innkeeper, for loss of baggage. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: 1. That at the times hereinafter mentioned the defendant was the keeper of an inn [or hotel] in of such inn or hotel]. day of known as [here give the name 2. That on the 19 plaintiff was received in said inn [or hotel] by defendant as a traveler and guest; that at said time and place the plaintiff delivered his baggage to defendant, the same consisting of a trunk [or valise, etc.]; that said trunk [or valise, etc.] contained the following articles: [Here specify], and all of the value of $ 3. That the defendant and his servants conducted themselves so negligently and carelessly in regard to the same that while plaintiff remained at said inn [or hotel] as such traveler and guest his said trunk [or valise or other thing deposited] and its contents were taken away from the room in said inn [or hotel] occupied by plaintiff as such guest, by some person or persons to the plaintiff unknown, and thereby the same became wholly lost to the plaintiff, to his damage in the sum of $ Wherefore, plaintiff prays judgment against defendant for $ and plaintiff's costs of this action. [Verification.] A. B., Attorney for plaintiff. FORM No 688-To recover for loss of pocket-book containing money. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: he received and entertained plaintiff as a guest at his hotel [or inn] for hire. 2. That while the plaintiff was such guest, the defendant undertook, for compensation paid him by the plaintiff, to keep safely in one of his sleeping-rooms of his said hotel [or inn] the clothing and such articles of jewelry and valuables as the plaintiff then had upon his person, and that the plaintiff thereupon put into his said sleepingroom in said hotel [or inn] his clothing, his pocket-book containing $ in money, and left the same in the possession and charge of the defendant, both as innkeeper and as special bailee as aforesaid. 3. That while plaintiff was sleeping, his pocket-book and money were, by the negligence, carelessness, dishonesty, and improper supervision of the defendant and his servants, lost and stolen. 4. That the amount of the said money belonging to the plaintiff so lost and stolen, while the same was under the charge of the defendant, was $ and upwards; that the plaintiff is by profession and occupation [state business], and that said sum was such as he might reasonably and properly carry with him with reference to his circumstances and business. [Concluding part.] FORM No. 689—Against innkeeper, for refusal to receive and lodge guest. [Title of court and cause.] The plaintiff complains of the defendant, and alleges: Hotel, for the accommodation of travelers. 2. That on said date the plaintiff, then being a traveler, came to said inn [or hotel] and required the defendant to receive and lodge. him as a guest during the night next ensuing. 3. That the plaintiff was ready and willing, and offered, to pay the defendant his reasonable charges for such lodging. 4. That the defendant had ample room and accommodation to receive and lodge the plaintiff during said time, but refused to receive |
