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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..8ce37c3 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #66992 (https://www.gutenberg.org/ebooks/66992) diff --git a/old/66992-0.txt b/old/66992-0.txt deleted file mode 100644 index fe0554c..0000000 --- a/old/66992-0.txt +++ /dev/null @@ -1,6894 +0,0 @@ -The Project Gutenberg eBook of The Law of Hotel Life, by R. Vashon (Robert -Vashon) Rogers - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The Law of Hotel Life - or the Wrongs and Rights of Host and Guest - -Author: R. Vashon (Robert Vashon) Rogers - -Release Date: December 22, 2021 [eBook #66992] - -Language: English - -Character set encoding: UTF-8 - -Produced by: Chuck Greif and the Online Distributed Proofreading Team at - http://www.pgdp.net (This file was produced from images - available at The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK THE LAW OF HOTEL LIFE *** - - - - - THE LAW OF HOTEL LIFE - - - - - THE - - LAW OF HOTEL LIFE - - OR THE - - Wrongs and Rights of Host and Guest. - - BY - R. VASHON ROGERS JR. - Of Osgoode Hall, Barrister-at-Law - - SAN FRANCISCO: - SUMNER WHITNEY AND COMPANY. - BOSTON: HOUGHTON, OSGOOD & CO. - The Riverside Press, Cambridge. - 1879. - - - Copyright 1879, - BY SUMNER WHITNEY & CO. - - - - -A PREFACE. - - -The author knows as well as did old Burton that “books are so plentiful -that they serve to put under pies, to lap spice in, and keep roast meat -from burning,” yet he ventures to offer another volume to the public, -trusting that some men’s fancies will incline towards and approve of it; -for “writings are so many dishes, readers guests, books like -beauty--that which one admires another rejects.” He thinks he can say, -in the words of Democritus Junior, that “as a good housewife out of -divers fleeces weaves one piece of cloth, a bee gathers wax and honey -out of many flowers, and makes a new bundle of all, I have laboriously -collected this cento out of divers authors, and that _sine injuria_. I -cite and quote mine authors.” - -This volume was written at the suggestion of the Publishers, as a -companion to “The Wrongs and Rights of a Traveller,” and is now -committed to the tender mercies of general readers, and to the -microscopic eyes of the critics who know everything. Doubtless mistakes -will be found; but if every one knew the law who thinks he does, lawyers -would starve. - - R. V. R. JR. - -_Kingston, Ont., March, 1879._ - - - - -CONTENTS. - - - I. A COMMON INN AND INNKEEPER, 1 - - II. CITY HOUSE AND MANNERS, 18 - - III. ACCIDENTS, ROOMS, DOGS, 31 - - IV. GUESTS, WAGERS, GAMES, 58 - - V. SAFES AND BAGGAGE, 76 - - VI. FIRE, RATS, AND BURGLARS, 97 - - VII. HORSES AND STABLES, 117 - -VIII. WHAT IS A LIEN? 136 - - IX. DUTIES OF A BOARDING-HOUSE KEEPER, 152 - - X. MORE ABOUT BOARDING-HOUSE KEEPERS, 166 - - XI. CHARMS OF FURNISHED APARTMENTS, 173 - - XII. NOTICE TO QUIT AND TURNING OUT, 189 - - - - -CHAPTER I. - -A COMMON INN AND INNKEEPER. - - -The last kiss was given--the last embrace over--and, amid a storm of -hurrahs and laughter and a hailstorm of old slippers and uncooked rice, -we dashed away from my two-hours’ bride’s father’s country mansion in -the new family carriage, on our wedding tour. The programme was that we -were to stay at the little village of Blank that night, and on the -morrow we expected to reach the city of Noname, where we would be able -to find conveyances more in accord with the requirements of the last -quarter of the nineteenth century of grace than a carriage and pair. - -Arm in arm and hand in hand we sat during the long, bright June -afternoon, as the prancing grays hurried us along the country roads--now -beside grassy meads, now beneath o’erhanging forest trees, then up hill, -next down dale, while little squirrels raced along beside us on the -fence tops, or little streamlets dashed along near by, bubbling, -foaming, roaring and sparkling in the sheen of the merry sunshine, and -the broad fans of insect angels gently waved over their golden disks as -they floated past; all nature, animate and inanimate, smiling merrily -upon us, as if quite conscious who and what we were. But little did we -note the beauties of sky or field, cot or hamlet, bird or flower, for -was it not our first drive since the mystic word of the white-robed -minister of the Church had made of us twain one flesh? The beauties of -the other’s face and disposition absorbed the contemplation of each of -us. Once or twice, indeed, I felt inclined to make a remark or two anent -the fields we passed; but remembering that I knew not a carrot from a -parsnip, until it was cooked, or wheat from oats, except in the -well-known forms of bread and porridge, and not wishing to be like Lord -Erskine, who, on coming to a finely cultivated field of wheat, called it -“a beautiful piece of lavender,” I refrained. - - Love in itself is very good, - But ’tis by no means solid food; - And ere our first day’s drive was o’er, - I found we wanted something more. - -So when at last, as the shadows began to lengthen and still evening drew -on, we espied in the valley beneath us the village in which was our -intended resting place, I exclaimed: - -“Ah! there’s our inn at last!” - -“At last! so soon wearied of my company!” chid my bride, in gentle -tones. “But why do people talk of a village ‘inn’ and a city ‘hotel’? -What is the difference between a hotel and an inn?” - -“There is no real difference,” I replied, glad to have the subject -changed from the one Mrs. Lawyer had first started. “The distinction is -but one of name, for a hotel is but a common inn on a grander scale.[1] -Inn, tavern, and hotel are synonymous terms.”[2] - -“What do the words really mean?” - -“Have you forgotten all your French? The word ‘hotel’ is derived from -the French _hôtel_, (for hostel,) and originally meant a palace, or -residence for lords and great personages, and has, on that account no -doubt, been retained to distinguish the more respectable houses of -entertainment.” - -“Well, what is the derivation of ‘inn’?” queried my wife. - -“I was just going to say that that is rather obscure, but is probably -akin to a Chaldaic word meaning ‘to pitch a tent,’ and is applicable to -all houses of entertainment.[3] Inns there were in the far distant East -thirty-five centuries and more before you appeared to grace this mundane -sphere;[4] although, when the patriarch Jacob went to visit his pretty -cousins, he was not fortunate enough to find one, and had to make his -bed on the ground, taking a stone for his pillow.” - -“And very famous in after years did that just mentioned pillow become,” -said Mrs. L., interruptingly. “And much pain and grief, as well as glory -and renown, has it brought to those who have used it.” - -“What meanest thou?” in my turn queried I. - -“Don’t you know that upon that stone the sovereigns of England have been -crowned ever since the first Edward stole it from the Scots, who had -taken it from the Irish, who doubtless had come honestly by it, and that -it now forms one of the wonders and glories of Westminster Abbey?” - -“Indeed!” I remarked, with an inflection in my voice signifying doubt. - -“I wonder who kept the first hotel, and what it was like,” quoth my -lady. - -“History is silent on both points,” I replied. “But doubtless the early -ones were little more than sheds beside a spring or well, where the -temporary lodger, worn and dirty, could draw forth his ham sandwich from -an antediluvian carpet-bag, eat it at his leisure, wash it down with -pure water, curl himself up in a corner, and, undisturbed by the thought -of having to rise before daylight to catch the express, sleep--while the -other denizens of the cabin took their evening meal at his expense.” - -“But no one could make much out of such a place,” urged Mrs. Lawyer. - -“Quite correct. Boniface, in those days, contented himself with an iron -coin, a piece of leather stamped with the image of a cow, or some such -primitive representative of the circulating medium.” - -“Times are changed since then,” remarked my companion. - -“What else could you expect? Are you a total disbeliever in the -Darwinian theory of development? Inns and hotels, in their history, are -excellent examples of the truth of that hypothesis. Protoplasm maturing -into perfect humanity is as nothing to them. See how, through many -gradations, the primeval well has become the well-stocked bar-room of -to-day; the antique hovel is now the luxurious Windsor, the resplendent -Palace, the Grand Hôtel du Louvre; the uncouth barbarian, who showed to -each comer his own proper corner to lie in, has blossomed into the -smiling and gentlemanly proprietor or clerk, who greets you as a man and -a brother; the simple charge of a piece of iron or brass for bed and -board (then synonymous) has grown into an elaborate bill, which requires -ducats, or sovereigns, or eagles to liquidate. But further discussion on -this interesting question must be deferred to some future day, for here -we are,” I added, as we halted at “The Farmer’s Home.” - -“I don’t believe that Joseph’s brethren ever stopped at a more miserable -looking caravansary,” said my wife, in tones in which contentment was -not greatly marked. “Are you quite sure that this is the inn? It has no -sign.” - -“That fact is of no moment,” I hastened to reply. “A sign is not an -essential, although it is evidence of an inn. Every one who makes it his -business to entertain travelers, and provide lodgings and necessaries -for them, their attendants, and horses, is a common innkeeper, whether a -sign swings before the door, or no.”[5] - -“And a common enough innkeeper he looks, in all conscience,” said Mrs. -Lawyer, as mine host of the signless inn appeared upon the stoop to -receive his guests. Coatless he was, waistcoat he had none; the rim of -his hat glistened brightly in the declining sun, as if generations of -snails had made it their favorite promenade; his legs, or the legs of -his pantaloons, were not pairs--they differed so much in length; his -boots knew not the glories of Day & Martin; his face had hydrophobia, so -long was it since it had touched water; and “wildly tossed from cheek to -chin the tumbling cataract of his beard.” - -With the grace of a bear and the ease of a bull in a china-shop, he -ushered us into the parlor, with its yellow floor, its central square of -rag-carpet, its rickety table, its antique sampler and gorgeous pictures -on the walls, its festoons of colored paper depending from the ceiling, -its flies buzzing on the window-panes. Sad were the glances we exchanged -when for a minute we were left in this elegant boudoir. - -“What a nuisance that the other inn was burnt down last week, and that -there is none but this miserable apology for one within thirty miles,” I -growled. - -“’Tis but for a night,” returned my wife, in consolatory tones. “It is -only what we might have expected, for saith not the poet: - - ‘Inns are nasty, dusty, fusty, - Both with smoke and rubbish musty’?” - -Soon we mounted the groaning stairs to our dormitory, and found the -house to be a veritable - - “Kind of old Hobgoblin Hall, - Now somewhat fallen to decay, - With weather stains upon the wall, - And stairways worn, and crazy doors, - And creaking and uneven floors, - And bedrooms dirty, bare, and small.” - -The room assigned to us might have been smaller, the furniture might -have been cheaper and older--possibly; but to have conceived my blooming -bride in a more unsuitable place--impossible. I asked for better -accommodation; Boniface shook his head solemnly, (I thought I heard his -few brains rattle in his great stupid skull) and muttered that it was -the best he had, and if we did not like it we might leave and look -elsewhere. - -“We must make the best of it, my dear. The landlord is only bound to -provide reasonable and proper accommodation, even if there were better -in the house; he need not give his guests the precise rooms they may -select.”[6] - -We resolved to display the Christian grace of resignation. - -As speedily as possible we arranged our toilets and descended once more -to the lower regions, with the faint hope that the dining-room might be -better furnished with the good things of this life than either the -parlor or bed-room. Sad to relate, the fates were still against us: we -found, on entering the _salle à manger_, a couple of small tables put -together in the middle of the room, covered with three or four cloths of -different ages and dates of washing, and arranged as much like one as -the circumstances of the case would allow. Upon these were laid knives -and forks; some of the knife-handles were green, others red, and a few -yellow, and as all the forks were black, the combination of colors was -exceedingly striking. Soon the rest of the paraphernalia and the -comestibles appeared, and then Josh Billings’ description became -strictly applicable; “Tea tew kold tew melt butter; fride potatoze which -resembled the chips a tew-inch augur makes in its journey thru an oke -log; bread solid; biefstake about az thick as blister plaster, and az -tough as a hound’s ear; table kovered with plates; a few -scared-tew-death pickles on one of them, and 6 fly-indorsed crackers on -another; a pewterunktoon kaster, with 3 bottles in it--one without any -mustard, and one with tew inches of drowned flies and vinegar in it.” - -Fortunately, long abstinence came to our aid, and hunger, which covers a -multitude of sins in cookery and “dishing up,” was present, and our -manducatory powers were good; so we managed to supply the cravings of -the inner man to some extent. - -“What is this?” I asked of the landlord, as he handed me a most -suspicious looking fluid. - -“It’s bean soup,” he gruffly replied. - -“Never mind what it’s been--what is it now?” I asked a second time. A -smile from my wife revealed to me my error, and I saved the astonished -man the necessity of a reply. - -At the table we were joined by an acquaintance, who informed me that he -had great difficulty in obtaining admission to the house, as the -innkeeper had a grudge against him. - -“No matter what personal objection a host may have, he cannot refuse to -receive a guest. Every one who opens an inn by the wayside, and -professes to exercise the business and employment of a common innkeeper, -is bound to afford such shelter and accommodation as he possesses to all -travelers who apply therefor, and tender, or are able to pay, the -customary charges,”[7] I remarked. - -“But surely one is not bound to take the trouble to make an actual -tender?” questioned my friend. - -“I am not quite so sure on that point,” I replied. “Coleridge, J., once -said that it is the custom so universal with innkeepers to trust that a -person will pay before he leaves the inn, that it cannot be necessary -for a guest to tender money before he enters.[8] But, in a subsequent -case, Lord Abinger said that he could not agree with Coleridge’s -opinion,[9] and three other judges concurred with Abinger, although the -court was not called upon to decide the matter. In fact, the point has -never been definitely settled in England. Text-writers, however, think -an offer to pay requisite,[10] and it has been so held in Canada.”[11] - -“But what,” said my friend, “if the proprietor is rude enough to slam -the door in your face, and you cannot see even an open window?” - -“Oh, in that case even Abinger would dispense with a tender.”[12] - -“It seems hard that a man must admit every one into his house, whether -he wishes or no,” said my wife. - -“Reflect, my dear,” I replied, “that if an innkeeper was allowed to -choose his guests and receive only those whom he saw fit, unfortunate -travelers, although able and willing to pay for entertainment, might be -compelled, through the mere caprice of the innkeeper, to wander about -without shelter, exposed to the heats of summer, the rains of autumn, -the snows of winter, or the winds of spring.” - -“Do you mean to say that improper persons must be received?” - -“Oh dear no! A traveler who behaves in a disorderly or improper manner -may be refused admission,[13] and so may one who has a contagious -disease, or is drunk.[14] And, of course, if there is no room, admission -may be refused.[15] But it will not do for the publican to say that he -has no room, if such statement be false; for that venerable authority, -Rolle, says: ‘Si un hôtelier refuse un guest sur pretense que son maison -est pleine de guests, si est soit faux, action sur le case git.’”[16] - -“You don’t say so!” said my friend, aghast at the jargon. I continued: - -“And a publican must not knowingly allow thieves, or reputed thieves, to -meet in his house, however lawful or laudable their object may be.”[17] - -“Suppose they wanted to hold a prayer-meeting, what then?” asked my -wife. - -“I cannot say how that would be; but a friendly meeting for collection -of funds was objected to. Nor should he allow a policeman, while on -duty, to remain on his premises, except in the execution of that -duty.[18] And he may prohibit the entry of one whose misconduct or -filthy condition would subject his guests to annoyance.[19] And I -remember reading that Mrs. Woodhull and Miss Claflin were turned away -from a New York hotel on the ground of their want of character.” - -“What if the poor hotel-keeper is sick?” inquired Mrs. Lawyer. - -“Neither illness, nor insanity, nor lunacy, nor idiocy, nor -hypochondriacism, nor hypochondriasis, nor vapors, nor absence, nor -intended absence, can avail the landlord as an excuse for refusing -admission.[20] Although the illness or desertion of his servants, if he -has not been able to replace them, might be an excuse; and perchance his -own infancy, and perchance not.”[21] - -“What can you do if he refuses to let you in?” asked my friend. “Break -open the door?” - -“No, that might lead to a breach of the peace. You may either sue him -for damages, or have him indicted and fined; and it is also said in -England that the constable of the town, if his assistance is invoked, -may force the recalcitrant publican to receive and entertain the -guest.[22] If you sue him you will have to prove that he kept a common -inn;[23] that you are a traveler,[24] and came to the inn and demanded -to be received and lodged as a guest; that he had sufficient -accommodation,[25] and refused to take you in, although you were in a -fit and proper state to be received,[26] and offered to pay a reasonable -sum for accommodation.” - -“In most hotels they keep a register in which one is expected to -inscribe his cognomen by means of a pen of the most villainous -description; must one give his name, or may he travel _incog._ and -without exhibiting his cacography?” - -“An innkeeper has no right to pry into a guest’s affairs, and insist -upon knowing his name and address,”[27] I replied. - -“Talking about registers,” began my friend Jones, but in tones so low -that what he said must go in the foot notes.[28] - -“Last summer,” continued talkative Jones, “I tried to get quarters late -one Saturday night at a village inn, but the proprietor refused to admit -me; and a venerable female put her head out of the window, like Sisera’s -mother, and told me that they were all in bed, and that they could not -take in those who profaned the Sabbath day.” - -“You might have sued for damages,” I said, “for the innkeeper being -cosily settled in his bed for the night, or it being Sunday, makes no -difference in a traveler’s rights;[29] at least where, as in England, it -is not illegal to travel on that sacred day.” - -“I think you said that one must be a traveler before one could claim the -rights of a guest--is that an essential?” - -“Yes, a _sine qua non_. Bacon says: ‘Inns are for passengers and -wayfaring men, so that a friend or a neighbor shall have no action as a -guest’[30] (unless, indeed, the neighbor be on his travels[31]). The -Latin word for an inn is, as of course you know, _diversorium_, because -he who lodges there is _quasi divertens se a via_.”[32] - -“What wretched food!” said my wife, as she helped herself to a biscuit. -“’Tis enough to poison one.” - -“It is by no means a feast of delicacies--the brains of singing birds, -the roe of mullets, or the sunny halves of peaches,” returned our -friend. - -“Well, my dear,” I replied, “a publican selling unwholesome drink or -victuals may be indicted for a misdemeanor at common law; and the -unhappy recipient of his noxious mixtures may maintain an action for the -injury done;[33] and this is so even if a servant provides the goods -without the master’s express directions.”[34] - - * * * * * - -A stroll through the village, and a little moralizing beside the -scarcely cold embers of the rival inn, where - - “Imagination fondly stooped to trace - The parlor splendors of that festive place, - The whitewashed wall, the nicely sanded floor, - The varnish’d clock that clicked behind the door,” - -passed the time until Darkness spread her sable robe over all the -earth. We sat outside our inn in the fresh air, and listened while the -myriad creatures which seem born on every summer night uplifted in joy -their stridulous voices, piping the whole chromatic scale with infinite -self-satisfaction. Innumerable crickets sent forth what, perhaps, were -gratulations on our arrival; a colony of tree-toads asked, in the key of -C sharp major, after their relatives in the back country; while the -swell bass of the bull-frogs seemed to be, with deep and hearty -utterances, thanking heaven that their dwelling-places were beside -pastures green in cooling streams. For a while we listened to this -concert of liliputians rising higher and higher as Nature hushed to -sleep her children of a larger growth. Ere long, the village bell tolled -the hour for retiring. I told the landlady to call us betimes, and then -my wife and self shut ourselves up in our little room for the night. - -Very weariness induced the partner of my joys and sorrows to commit her -tender frame to the coarse bedclothes; but before “tired Nature’s sweet -restorer, balmy sleep” arrived, and with repose our eyelids closed, an -entomological hunt began. First a host of little black bandits found us -out, and attacked us right vigorously, skirmishing bravely and as -systematically as if they had been trained in the schools of that -educator of fleas, Signor Bertolotto, only his students always crawl -carefully along and never hop, as we found by experience that our fierce -assailants did. After we had disposed of these light cavalry--these F -sharps--for a time, and were again endeavoring to compose our minds to -sleep, there came a detachment of the B-flat brigade, of aldermanic -proportions, pressing slowly on. Again there was a search as for hidden -treasures. Faugh! what a time we had, pursuing and capturing, crushing -and decapitating, hosts of creatures not to be named in ears polite. -Most hideous night, thou wert not sent for slumber! It would almost have -been better for us had we been inmates of the hospital for such -creatures at Surat, for there we would have been paid for the feast we -furnished. Here we had the prospect of paying for our pains and pangs. - -I am an ardent entomologist; but I solemnly avow I grew tired that night -of my favorite science. ’Twas vain to think of slumber-- - - Not poppy, nor mandragora, - Nor all the drowsy syrups of the world, - -nor yet the plan adopted by the Samoan islanders, who place a snake, -imprisoned in bamboo, beneath their heads and find the hissing of the -reptile highly soporific, could medicine us to that sweet sleep which -nature so much needed. At length we arose in despair, donned our -apparel, and sat down beside the window to watch for the first bright -tints heralding the advent of the glorious king of day. - -“Must we pay for such wretched accommodation?” asked my wife, -mournfully. I shook my head as I replied: - -“I fear me so.[35] We might escape;[36] but I don’t want to have a row -about my bill in a dollar house.” - -As soon as morning broke we began our preparations for an early -departure from the purgatory in which we had passed the night. When we -had descended, and had summoned the lady of the house to settle with -her, my wife spoke strongly about the other occupants of our bed. - -The woman hotly exclaimed, “You are mistaken, marm; I am sure there is -not a single flea in the whole house!” - -“A _single_ flea!” retorted my wife, with withering scorn; “a _single_ -flea! I should think not; for I am sure that they are all married, and -have large families, too.” - -“Yes,” I added, - - ‘The little fleas have lesser fleas - Upon their backs to bite ’em; - The lesser fleas have other fleas, - And so _ad infinitum_.’” - - - - -CHAPTER II. - -CITY HOUSE AND MANNERS. - - -The next evening, as Mrs. Lawyer and this present writer were rattling -along at the rate of thirty or forty miles an hour in the tail of the -iron horse, my bride, imagining that she would like to know somewhat of -the law, which had been my mistress for many years, and the _ennui_ of -the honeymoon having already commenced, asked me what was the legal -definition of an inn. - -I replied: “The definitions of an inn, like those of lovely woman, are -very numerous: but perhaps the most concise is that given by old -Petersdorff, who says it is ‘a house for the reception and entertainment -of all comers for gain.’[37] Judge Bayley defined it to be a house where -the traveler is furnished with everything he has occasion for while on -the way.”[38] - -“I should dearly love to stop at such an inn,” broke in my wife. “The -worthy host would find my wants neither few nor small.” - -“Oh, of course, the _everything_ is to be taken not only _cum grano -salis_ but with a whole cellar full of that condiment. For instance, the -landlord is not bound to provide clothes or wearing apparel for his -guest.[39] But to proceed with our subject. Best, J., tried his hand--a -good one, too--at definition-making, and declared an inn or hotel to be -a house, the owner of which holds out that he will receive all travelers -and sojourners who are willing to pay a price adequate to the sort of -accommodation provided, and who come in a state in which they are fit to -be received.[40] Another judge says it is a public house of -entertainment for all who choose to visit it as guests without any -previous agreement as to the time of their stay or the terms of -payment.[41] The judges have, also, got off definitions of the word -‘innkeeper.’ It has been said that every one who makes it his business -to entertain travelers and passengers and provide lodging and -necessaries for them and their horses and attendants, is a common -innkeeper.[42] But Bacon, very wisely and prudently, adds to this -description the important words ‘for a reasonable compensation.’[43] One -who entertains travelers for payment only occasionally, or takes in -persons under an express contract, and shuts his doors upon those whom -he chooses, is not an innkeeper, nor is he liable as such.[44] Stables -are not necessary to constitute an inn;[45] nor is it essential that -the meals should be served at _table d’hôte_.[46] A house for the -reception and entertainment principally of emigrants arriving at a -seaport and usually remaining but a short time, is yet an inn.”[47] - -Here I stopped because I had nothing more to say; but seeing that my -wife was gazing out of the window in a most inattentive manner, yet not -wishing her to think that my fund of knowledge was exhausted, I added: -“But a truce to this style of conversation. Remember that we are a newly -married couple, and are not expected to talk so rationally.” - -A pause ensued, during which, with great amusement and no little -surprise at the facts and doctrines enunciated, we listened to the -following dialogue between two rosy-cheeked Englishmen sitting in the -seat behind us: - -First Briton (_loquitur_).--“How disgusting it is to see those vile -spittoons in hotels, in private houses, in churches--everywhere; and -notwithstanding that their name is legion, the essence of nicotine is to -be seen on all sides, dyeing the floors, the walls, the furniture.” - -Second Briton.--“I have sometimes doubted whether the Americans -expectorate to obtain good luck, or whether it is that they have such -good fortune ever attending upon their designs and plans because they -expectorate so much.” - -First B. (rather dazed).--“I don’t understand you.” - -Second B. (in tones of surprise at the other’s want of -comprehension).--“Don’t you know that many Englishmen spit if they meet -a white horse, or a squinting man, or a magpie, or if, inadvertently, -they step under a ladder, or wash their hands in the same basin as a -friend? In Lancashire, boys spit over their fingers before beginning to -fight, and travelers do the same on a stone when leaving home, and then -throw it away, and market people do it on the first money they receive.” - -First B. (interrogatively).--“But, if these dirty people do indulge in -this unseemly habit, what then?” - -Second B.--“Why, they consider it a charm that will bring good luck, or -avert evil. Swedish peasants expectorate thrice if they cross water -after dark. The old Athenians used to spit if they passed a madman. The -savage New Zealand priest wets two sticks with his saliva when he -strives to divine the result of a coming battle.” - -First B.--“But the why and the wherefore of all this expectoration?” - -Second B.--“Because the mouth was once considered the only portal by -which evil spirits could enter into a man, and by which alone they could -be forced to make their exit; and the idea was to drive the fiends out -with the saliva. The Mussulmans made spitting and nose-blowing a part of -their religious ceremonies, for they hoped thereby to free themselves -from the demons which they believed filled the air; and a Kamtschatkan -priest, after he has sprinkled with holy water the babe brought to the -baptismal font, spits solemnly to north and south, to east and west.” - -A wild shriek of the locomotive, announcing that we were drawing near -our destination, and the necessary preparations consequent upon such -arrival, prevented us listening further to this conversation. I remarked -to my wife that if I had never known of evil spirits being laid by the -efflux of saliva, I had at least heard of their being raised thereby, -and instanced Shylock and Signor Antonio. - -We drove up to the “Occidental House” in the bus belonging to that -famous establishment. The satchel of a fellow-traveler was lost off the -top of the carriage. I endeavored to console him with the information -that years ago, where the keeper of a public house gave notice that he -would furnish a free conveyance to and from the cars to all passengers, -with their baggage, and for that purpose employed the owner of certain -carriages to take passengers and their baggage, free of charge, to his -house, and a traveler, who knew of this arrangement, drove in one of -these cabs to the hotel, and on the way there had his trunk lost or -stolen through the want of skill or care of the driver, the innkeeper -was held liable to make good the loss. The court that decided the point -held that it was immaterial whether he was responsible as a common -carrier or as an innkeeper, as in either case the consideration for the -undertaking was the profit to be derived from the entertainment of the -traveler as a guest, and that an implied promise to take care of the -baggage was founded on such consideration.[48] - -My fellow-traveler seemed not a little pleased with my information, and -expressed his intention of seeking an early interview with the landlord -of the “Occidental” on the subject of the lost satchel. - -While in the bus, a man who appeared to be an agent for a rival house -made some very disparaging remarks with regard to the “Occidental,” with -more vehemence than elegance or truthfulness, evidently with the design -of inducing some intending guests to change their minds and go -elsewhere. It was well for him that none of the “Occidental” people -heard him, for if they had he might speedily have become the defendant -in an action at law, for misstatements like his are actionable.[49] - -What a contrast between the palatial mansion at which we now -alighted, and the hovel which the previous night had covered our -heads--(protection it had not afforded). The small and dirty entrance of -the one was exchanged for a spacious and lofty hall in the other, paved -with marble and fitted up with comfortable sofas and cushions, on which -was lounging and smoking, talking and reading, a multifarious lot of -humanity; the parlor, with its yellow paint and rag carpet, was replaced -by large, well lighted and elegantly furnished drawing-rooms, with -carpets so soft that a footstep was no more heard than a passing shadow, -and gorgeous mirrors reflecting the smiles, faces and elaborately -artistic toilets of city belles, and the trim figures and prim -moustaches of youthful swells; a pretty little room, yclept an elevator, -neatly carpeted, well lighted, free from noxious scents, with -comfortable seats and handsome reflectors, led up on high, instead of -the groaning, creaking stairs of the country inn. The bedrooms, with -their spotless linen, luxurious beds, dainty carpets, and cosy chairs, -rested and refreshed one’s weary bones by their very appearance. The -noble dining-hall, with its delicately tinted walls, its pillars and -gilded roof, with neatly dressed waiters, and the master of ceremonies -patrolling the room seeing to the comfort of the guests, the -arrangements of their places, and that each servant did his duty, gave a -zest to one’s appetite which the tempting viands increased a hundred -fold, and the soups, fish, relèves, entrées, game, relishes, vegetables, -pastry, and dessert of the _menu_ differed from the bill of fare of the -previous day as does light from darkness, sweet from bitter. - -As we were ascending in the luxuriously furnished, brilliantly lighted -and gently moving elevator, a ninnyhammer tried to get on after the -conductor had started. In doing so he well nigh severed the connection -between his ill-stored head and well-fed body. I told him that his -conduct was most foolhardy, for if he had been injured he could have -recovered nothing from the hotel proprietor, for the accident would have -been directly traceable to his own stupid want of ordinary care and -prudence.[50] - -At the dinner table we found that many of the people, notwithstanding -the luxurious surroundings, seemed quite oblivious of the sage advice -given by Mistress Hannah Woolley, of London, in the year of grace 1673. -That worthy says in her “Gentlewoman’s Companion”: “Do not eat -spoon-meat so hot that tears stand in your eyes, or that thereby you -betray your intolerable greediness. Do not bite your bread, but cut or -break it; and keep not your knife always in your hand, for that is as -unseemly as a gentlewoman who pretended to have as little a stomach as -she had mouth, and therefore would not swallow her peas by spoonfuls, -but took them one by one and cut them in two before she would eat them. -Fill not your mouth so full that your cheeks shall swell like a pair of -Scotch bag-pipes.” - -One of the company near by ate as if he had never eaten in any place -save a shanty all the days of his life; he was not quite so bad, -however, as the celebrated Dr. Johnson, who, Lord Macaulay tells us, -“tore his dinner like a famished wolf, with the veins swelling in his -forehead, and the perspiration running down his cheeks;” but yet, in -dispatching his food, he swallowed two-thirds of his knife at every -mouthful with the coolness of a juggler. - -“Such a savage as that ought not to be permitted to take his meals in -the dining-room,” said my wife. - -“I am not sure that he could be prevented on account of his style of -eating,” I replied, as the man began shoveling peas with a knife into -his mouth, which could not have been broader unless Dame Nature had -placed his auricular appendages an inch or two further back. (By the -way, how did they eat peas before the days of knives, forks, and -spoons?) - -“Do you mean to say that if an individual makes himself so extremely -disagreeable to all other guests, the proprietor has no right to ask him -to leave?” queried Mrs. L. - -“Well, my dear, it was held in Pennsylvania that the host might request -such an one to depart; and that if he did not, the hotel-keeper might -lay his hands gently upon him and lead him out, and if resistance was -made might use sufficient force to accomplish the desired end.”[51] - -“Then please tell that waiter to take that man out,” broke in my wife. - -“Not so fast, my dear; that decision was reversed afterward, and it was -said to be assault and battery so to eject a guest.[52] I have known -$600 damages given to a guest for an assault on him by his landlord.[53] -I remember, too, a case where a man rejoicing in the trisyllabic name of -Prendergast was coming from Madras to London round the Cape of Storms, -having paid his fare as a cabin passenger. His habit was to reach across -others at table to help himself, and to take potatoes and broiled bones -in his fingers, devouring them as was the fashion in the days when Adam -delved and Eve span, if they had such things then. The captain, offended -at this ungentlemanly conduct, refused to treat Master P. as a -first-class passenger, excluded him from the cabin, and would not allow -him to walk on the weather side of the ship. On reaching England, -Prendergast sued the captain for the breach of his agreement to carry -him as a cuddy passenger; the officer pleaded that the conduct of the -man had been vulgar, offensive, indecorous and unbecoming, but the son -of Neptune was mulcted in damages to the tune of £25, Chief Justice -Tindal observing that it would be difficult to say what degree of want -of polish would, in point of law, warrant a captain in excluding one -from the cuddy. Conduct unbecoming a gentleman in the strict sense of -the word might possibly justify him, but in this case there was no -imputation of the want of gentlemanly principles.[54] But here, at last, -comes our dinner; let us show our neighbors how to handle knife and fork -aright.” - -And a very good dinner it was, too, although dished by a cook who had -not the talents of the ancient knights of the kitchen who could -dexterously serve up a sucking-pig boiled on one side and roasted on the -other, or make so true a fish out of turnips as to deceive sight, taste, -and smell. These antique masters of the gastronomic art knew how to suit -each dish to the need and necessity of each guest. They held to the -doctrine that the more the nourishment of the body is subtilized and -alembicated, the more will the qualities of the mind be rarefied and -quintessenced, too. For a young man destined to live in the atmosphere -of a royal court, whipped cream and calves’ trotters were supplied by -them; for a sprig of fashion, linnets’ heads, essence of May beetles, -butterfly broth, and other light trifles; for a lawyer destined to the -chicanery of his profession and for the glories of the bar, sauces of -mustard and vinegar and other condiments of a bitter and pungent nature -would be carefully provided.[55] As Lord Guloseton says, “The ancients -seem to have been more mental, more imaginative, than we in their -dishes; they fed their bodies, as well as their minds, upon delusion: -for instance, they esteemed beyond all price the tongues of -nightingales, because they tasted the very music of the birds in the -organ of their utterance. That is the poetry of gastronomy.” - -I noticed at a table near by a merry party. I afterward learned that it -was composed of a number of fast young men from the city, who had come -in to have a good dinner, and exhibit themselves, their garments, and -their graces before the assembled guests; and that, when the hour of -reckoning came, the needful wherewith to liquidate the little bill was -not forthcoming. The landlord insisted that each one was liable for the -whole, as there was no special agreement, (and this would generally be -the case[56]) and that one who was solvent should pay the reckoning for -all; but, unfortunately for Boniface, his clerk had been told beforehand -that that moneyed man was the guest of the others, who were all as poor -as Job’s peahens; so that the poor man had no recourse against the -deadheads, in this direction, at all events,[57] and even the moneyed -gent got a free dinner. The worthies swaggered out, singing in an -undertone the words of an Ethiopian minstrel appropriate to the -occasion. - - * * * * * - -As my wife was returning to her room after dinner, she met a poor woman, -whose daily walk in life was from the wash-tub to the clothes-line, -looking in vain for some miserable sinner who had departed leaving his -laundry bill unpaid. After endeavoring in vain to console the woman, -Mrs. Lawyer, (who had a Quixotic way of interfering in other people’s -troubles) came running back to me to ask if the hotel-keeper was not -bound to pay for the washing. I told her of course not, unless he had -been in the habit of paying the laundry bills of guests who had left; -then an undertaking to that effect might be inferred, and it might be -considered as evidence of an antecedent promise.[58] With this small -crumb of comfort, my wife returned to the user of soap and destroyer of -buttons. - -While sitting, _à la_ Mr. Briggs, in the smoking-room, “with my -waistcoat unbuttoned, to give that just and rational liberty to the -subordinate parts of the human commonwealth which the increase of their -consequence after the hour of dinner naturally demands,” and gently, (as -good Bishop Hall puts it) “whiffing myself away in nicotian incense to -the idol of my intemperance,” a fellow-puffer spoke to me about the -excessive charges of the house. - -I told him that in the good old days of yore, and perchance even yet, an -innkeeper who charged exorbitant prices might be indicted, and that our -ancestors were wont to have the rates fixed by public proclamation.[59] - -He then remarked that he would not mind about the prices, if the -landlord had allowed him to do a little business in the place. - -“Your right to lodge and be fed in the house gives you no right to carry -on trade here,”[60] I replied. - -“One of the waiters threatened to kick me yesterday for doing business.” - -“Oh, if you are assaulted by any of the servants, the proprietor is -liable to you in damages, though he was not himself present at the time, -or even consenting thereto,”[61] I returned. Then, fearing lest I might -be nourishing a viper in the shape of a book-agent, or vendor of patent -articles, I left the room, the words of the poet running through my -brain: - - “Society is now one polished horde, - Formed of two mighty tribes--the Bores and Bored.” - - - - -CHAPTER III. - -ACCIDENTS, ROOMS, DOGS. - - -Next morning, as we were arranging whither we would wend our way, I -proposed taking a bus. My wife remarked positively that she wished that -I would not use that vulgar word. I returned: - -“Humph! Did you ever hear the story about Lord Campbell and the -omnibus?” - -“What was it?” she asked. - -“A lawyer while arguing before him continually spoke of a certain kind -of carriage as ‘a brougham,’ (pronouncing both syllables) whereupon his -lordship, with that pomposity for which he was rather noted, remarked -that ‘broom’ was the more usual, and not incorrect, pronunciation; that -such pronunciation was open to no grave objection, and had the great -advantage of saving the time consumed by uttering an extra syllable. -Shortly afterward Campbell spoke of an ‘omnibus.’ The counsel whom he -had shortly before corrected, jumped up with such promptitude that the -judge was startled into silence, exclaiming: ‘Pardon me, my Lord, the -carriage to which you draw attention is usually called ‘a bus’: that -pronunciation is open to no grave objection, and has the great advantage -of saving the time consumed by uttering _two_ extra syllables.’ You can -easily draw the moral from that little tale, my dear.” - -Into a bus we got, and out of it we got, in course of time. We went up -and down and in and out and roundabout, seeing the sights and doing the -town like many another couple had done before us, and will do again -during that most awkward of seasons, the honeymoon. - -While my spouse gazed in at some lovely silks, sweet feathers, and ducks -of bonnets, unmindful of the troubles that Moses underwent in obtaining -the latter part of the Decalogue, I took the opportunity of instilling -some legal doctrines and decisions into her head. - -“Remember,” I said, “the solemn words of the poet: - - ‘Man wants but little here below, - Nor wants that little long.’” - -“I fear that a woman like myself will have to wait very long before she -gets her little wants supplied,” she saucily interjected. - -“I was about to remark,” I sternly continued, “that if you are very -extravagant in your wardrobe and tastes, I will not be liable to pay all -your little bills. Once upon a time an English judge decided that a -milliner could not make a husband pay £5,287 for bonnets, laces, -feathers and ribbons supplied to his dear little wife during a few -months.”[62] - -“No power on earth could make you pay that sum, or anything like it; so -don’t worry yourself, my darling,” coolly and somewhat sarcastically -remarked Mrs. Lawyer. - -“Please do not interrupt. In another case it was held that the price of -a sea-side suit, some £67, could not be collected from a husband--a poor -barrister--who had forbidden his wife to go to the watering place.”[63] - -“He must have been a very poor lawyer if he never had a suit that cost -more to some unfortunate client.” - -“Again, the Rev. Mr. Butcher”---- - -“I like that name for a parson,” again interposed my wife. “It suggests, -you know, a slender frame, a pale face, taper fingers.” - -I paid no heed, but went on: - ----- “Was excused payment of some £900 for birds--loreèes, avadavats, -lovebirds, quakers, cutthroats--furnished his wife during the short -space of ten months.”[64] - -“But I will not be as extravagant as any of those misguided ladies -were,” remarked my wife, most sensibly. - -“Well, then, there will be no trouble. Everything necessary I will of -course pay for willingly, as I could be made to pay for them, if -unwilling. Even a piano, perhaps, I will stand;[65] or false teeth;[66] -but, mind you, not quack medicines,[67] though you are a duck.” - -“I am glad to hear ‘that you’ll vouchsafe me raiment, bed, and food’; -please begin now with the last named necessary article, for I am -hungry.” Mrs. Lawyer was a practical woman. - -“I presume it is time for lunch,” I replied. “Ah me! I wish lawyers in -this nineteenth century could get their dinners as cheaply as they could -in days gone by, when the client paid therefor, as appears in many an -ancient register. The clerk of St. Margaret’s, Westminster, entered on -his books that he paid to Robert Fylpott, learned in the law, for his -counsel given, 3s. 8d., with 6d. for his dinner. _Tempora mutantur._ -There’s a restaurant. Let us enter.” - -We entered accordingly, and a very good luncheon we had, except for one -slight _contretemps_. While engaged upon my macaroni soup, a long, -reddish thread--as I surmised--revealed itself to my vision. Calling the -waiter, I demanded how it came there. - -“Ah!” said the man, quite cheerfully, “I can tell you where that came -from. Our cook’s in love, sir, and is constantly opening a locket -containing a lock of his sweetheart’s hair. Of course, some of it -occasionally falls into the dishes.” - -“Disgusting!” said my wife. - -“Beastly!” said I. - -The waiter calmly continued: “Beg pardon, sir, but would you mind giving -me the hair? You see, the cook is so fond of her that he is quite -pleased when I bring him back a stray hair or two.” - -Of course, I knew that accidents will, etc.; and everything else was -very good. My wife, however, wasted a good deal of time in listening in -wondering amazement to the calculations made at an adjoining table. - -“I don’t see how a waiter can remember such a long list of things, and -tell what they all come to so rapidly; or how any two men could eat as -much as those two did,” she remarked to me. - -“Pshaw!” I replied, “that is nothing to Mr. Smallweed’s arithmetical -powers, or to the gastronomic achievements of himself and his friends.” - -“And pray what did Mr. S. do?” asked my wife. - -“Why, when their little luncheon was over, and he was asked by the -pretty waitress what they had had, he replied, without a moment’s -hesitation: ‘Four veals and hams is 3 and 4 potatoes is 3 and 4 and one -summer cabbage is 3 and 6 and 3 marrows is 4 and 6 and 6 breads is 5 and -3 Cheshires is 5 and 3 and 4 pints of half-and-half is 6 and 3 and 4 -small rums is 8 and 3 and 3 Pollys is 8 and 6 and 8 and 6 in half a -sovereign, Polly, and 18 pence out.’” - -When we rose to leave the room, we found that some one had left before -us with Mrs. Lawyer’s new umbrella. Silently I quitted the place, for I -knew that it had been decided that a restaurant is not an inn, so as to -charge the proprietor with the liabilities of an innkeeper toward -transient persons who take their meals there; (and the same rule applies -even though he does in fact keep in the same building an hotel, to which -the eating-house is attached;[68]) and therefore it would be useless to -expect the proprietor to make good the loss. Nor is a refreshment bar -(where persons casually passing by receive the good things of this life -at a counter) an inn, although it is connected with an hotel, and kept -under the same license, but entered by a separate door from the -street.[69] Where, however, a servant once asked permission to leave a -parcel at a tavern, and the landlady refused to receive it; the man, -being a thirsty soul, called for something to drink, putting the parcel -on the floor behind him while imbibing, and while thus the spirit was -descending more rapidly than it ever did in the most sensitive -thermometer, the package disappeared, and never was seen again by the -owner; yet the innkeeper was held responsible for the loss.[70] - -An umbrella was bought and money expended for divers little odds and -ends before we went back to the hotel for dinner. On our return, Mr. -Deadhead and his wife entered the hotel just before us. They were -country cousins of the proprietor’s, and had been asked to dinner, or -had come without an invitation. As he was opening an inside door a large -pane of glass fell out of it, and, slightly grazing his hand, shivered -into a thousand pieces on the marble floor. I told him to rejoice that -he had been fortunate enough to escape with the loss of but a drop or -two of his vital fluid; for I remembered distinctly a similar accident -happening to my father’s old friend, Southcote, in England, years ago; -and although he sued the proprietor of the house, alleging that he (the -landlord) was possessed of an hotel, into which he had invited S. as a -visitor, and in which there was a glass door which it was necessary for -him (S.) to open for the purpose of leaving, and which he, by the -permission of the owner, and with his knowledge, and without any warning -from him, lawfully opened, for the purpose aforesaid, as a door which -was in a proper condition to be opened, yet, by and through the -carelessness, negligence, and default of defendant, the door was then in -an insecure and dangerous condition, and unfit to be opened; and, by -reason of said door being in such insecure and dangerous condition, and -of the then carelessness, negligence, default, and improper conduct of -the defendant in that behalf, a large piece of glass fell from the door, -and wounded Southcote--yet, although he said all this, the Court of -Exchequer, with Pollock, C. B, at its head, decided that no cause of -action against the proprietor was disclosed.[71] It was considered that -a visitor in a house was in the same position as any other member of the -establishment, so far as regards the negligence of the master or his -servants, and must take his chance of accidents with the rest.[72] Baron -Bramwell, however, well said that where a person is in the house of -another, either on business or for any other lawful purpose, he has a -right to expect that the owner will take reasonable care to protect him -from injury, and will not leave trap-doors open down which he might -fall, or take him into a garden among spring-guns and man-traps.[73] - -At dinner--to which, in addition to the various condiments provided by -mine host, we ourselves brought that best of sauces, hunger--there was -seated at a neighboring table Mrs. Deadhead, a friend of the -proprietor’s, as I have said, a lady of considerable amplitude of -person, and extensively bedecked with the diamonds of Golconda, the gold -of Australia, the lace of Lyons, the feathers of South Africa, the -millinery of New York, and attired in a silk dress of most fashionable -shape, color, and make. As a waiter was helping this very conspicuous -member of society to a plate of soup, he caught his foot in the -extensive train, stumbled, and placed the soup in her ladyship’s -lap--minus the plate. Great was the commotion, loud the reproaches, -abject the apologies. - -My wife thereupon whispered to me that the upset would not have mattered -much if the soup was any like hers. - -“Why not?” I queried, in some surprise, and anxious to learn as speedily -as possible the chemical peculiarities of a lady’s toilet. - -“Because then the dress would have been turned into a watered silk,” was -the only answer I got. - -It was some time before I saw the point, and then I smiled a dreary, -weary smile, and remarked that I hoped the lady was able to re-dress -herself, for I thought that she could get no redress from the -proprietor--at least, that legal luminary, Pollock, C. B., so insinuated -on one occasion.[74] - -My wife grew fidgety because the waiters were somewhat tardy in filling -her orders. - -“Look,” she said, “at those lazy fellows! Half a dozen of them doing -nothing, while we are kept waiting, still waiting.” - -“Doubtless,” I replied, “they have been deeply impressed with the truth -of that grand old Miltonic line: - - ‘They also serve who only stand to wait.’” - - * * * * * - -While taking my post-prandial smoke, my interrogator of the previous -evening again approached me, and asked, in a grumbling voice, if the -landlord had a right to turn him out of one room, and put him into -another. - -“Oh, yes,” I replied; “he has the sole right of selecting the apartment -for each guest, and, if he finds it expedient, may change the room and -assign his patron another. There is no implied contract that one to whom -a particular room has been given shall retain it so long as he chooses -to pay for it.[75] You pay your money, but you don’t take your choice.” - -“But I liked the room so much,” said Mr. Complaining Grumbler. - -“It matters not. The proprietor is not bound to comply with your -caprices.[76] When you go to an hotel you have only a mere easement of -sleeping in one room, and eating and drinking in another, as Judge Maule -once remarked.”[77] - -“Can he turn me out of the house altogether?” - -“Certainly not, if you behave yourself; unless, indeed, you neglect or -refuse to pay your bill upon reasonable demand.”[78] - -“I am going away by the night train,” said Mr. C. G., “and I did not -wish to go to bed; so he insisted upon taking my room, and told me I -might stay in the parlor until I left.” - -“And quite right, too. Although he cannot make you go to bed, or turn -you out of doors because you do not choose to sleep, still you cannot -insist upon having a bed-room in which to sit up all night, if you are -furnished with another room proper for that purpose.”[79] - -“I intend returning in the afternoon; can he refuse to take care of my -traps while I am absent?” - -“I fancy not, for a temporary absence does not affect the rights of a -guest.[80] Long since, it was laid down as law that if one comes to an -inn with a hamper, in which he has goods, and goes away, leaving it with -the host, and in a few days comes back, but in the meantime his goods -are stolen, he has no action against the host, for at the time of -stealing he was not his guest, and by keeping the hamper the innkeeper -had no benefit, and therefore is not chargeable with the loss of it. But -it would be otherwise if the man is absent but from morn to dewy -eve;[81] and where, in New York State, a guest, after spending a few -days at an hotel, gave up his room, left his valise--taking a check for -it--and was gone eight days, without paying his bill; on returning, he -registered his name, took a room, and called for his bag, when another -appeared in its place, having the duplicate check attached: the Court of -Common Pleas held that, whether the case was considered as an ordinary -bailment, or as property in an inn keepers’ hands, on which he had a -lien, he was bound to exercise due care and diligence, and that he must -account for the loss, the changing of the check being evidence of -negligence.”[82] - -I rose to leave the room, for I was growing weary of this catechetical -performance; but my questioner’s budget was not yet exhausted, and, as I -made my exit, I heard him say: - -“Pardon me--one inquiry more: I was at the St. Nicholas last week when -it was burnt down, and I lost some of my clothes. Is the owner liable to -make good the damage sustained?”[83] - -I heeded not, and went to seek my wife. After some search through the -magnificent drawing-rooms of our sumptuous hotel, I at length found her -in an elegant parlor, seated at a piano, and gently playing some sweet -melodies. As I approached, she motioned me to be cautious. When I -reached her, I saw that a large spider was stationed at the edge of the -piano cover, apparently drinking in the harmony of sweet sounds to the -utmost extent of his arachnidian nature. My advent broke the spell, and -away the little hairy darkey rushed, hand over hand, up his tiny cable -of four thousand twisted strands, till he was safe in the cornice of the -ceiling. My wife was charmed at her novel listener, and exclaimed: “Did -you ever see such a thing?” - -“No, but I have read of it,” I replied. “Michelet, in his charming book -on ‘The Insect,’ tells that a little musical prodigy, who at eight -astounded and stupefied his hearers by his mastery of the violin, was -forced to practice long weary hours in solitude. There was a spider, -however, in the room, which, entranced by the melodious strains, grew -more and more familiar, until at length it would climb upon the mobile -arm that held the bow. Little Berthome needed no other listener to -kindle his enthusiasm. But a cruel step-mother appeared on the scene -suddenly one day, and with a single blow of her slipper annihilated the -octopedal audience. The child fell to the ground in a deathlike faint, -and in three months was a corpse--dead from a broken heart.” - -“How sad!” said Mrs. Lawyer, in husky tones, as she blew her nose in a -suspicious manner. - -“Then there was also the musical spider of Pellison”---- A little -snarleyow of a dog here rushed in and barked so vigorously and furiously -that my wife never heard more of that spider. I tried to turn the -wretched creature out, but a puppy following--the owner--requested me to -leave it alone. I must say that I heartily concur with Mr. Justice -Manisty (and I sincerely trust that my concurrence will afford -encouragement to the learned gentleman in his arduous office) in -holding that a guest cannot, under any circumstances, insist upon -bringing a dog into any room in a hotel where other guests are. On the -same occasion on which Judge Manisty expressed his views, Kelly, C. B., -remarked that he would not lay down the rule positively that under no -circumstances would a guest have a right to bring a dog into an inn; -there might possibly, he observed, be circumstances in which, if a -person came to an inn with a dog, and the innkeeper refused to put up -the animal in any stable or outbuilding, and there was nothing that -could make the canine a cause of alarm or an annoyance to others, its -owner might be justified in bringing it into the house. His lordship, -however, considered that a landlord had a right to refuse to provide for -the wants of a visitor who insisted upon coming with two very large St. -Bernard mastiffs, one a fierce creature, that had to be muzzled, the -other a dog of a gentler nature, but somewhat given to that bad habit -referred to in those Proverbs of Solomon which the men of Hezekiah, king -of Judah, copied out, and by the apostle St. Peter in his second -epistle.[84] - - * * * * * - -The next day there was a gentle ripple of excitement pervading the -house. Two cases of larceny came to light, and made the guests -communicative and talkative. - -In one case a Mr. Blank, his wife, and amiable and accomplished -daughter, (I can vouch for the correctness of these adjectives; for I -had a very pleasant chat--to call it by a mild name--with her one day, -while Mrs. Lawyer was lying down after dinner) had a sitting-room and -bedroom _en suite_, so arranged that when the sitting-room door was open -one could see the entrances into both bedrooms. Mrs. B., being in her -room, laid upon the bed her reticule, in which was a by no means -despicable sum of money. She then rejoined her spouse and daughter in -the sitting-room, leaving the door between the two apartments open. Some -five minutes after, she sent Miss Blank--who was not too proud to run a -short errand for her kind mamma--for the bag; but lo! it was gone, and -was never again found by a member of the Blank family; for - - “In vain they searched each cranny of the house, - Each gaping chink impervious to a mouse.” - -The other robbery was of the goods of a young Englishman, who, the -previous evening, had been boastfully exhibiting some sovereigns in the -smoking-room. When he went to bed he had placed his watch and money on a -table in his room, left his door open, and, on morning dawning, was -surprised to find his time-piece and cash vanished with the early dew. -Other people would have been surprised if they had remained. - -I fell into conversation on the subject of these depredations with a -gentleman whom I afterward discovered to be a member of Lincoln’s Inn, a -place which bears very little resemblance to our American hotels. - -“’Tis very strange,” said Mr. Learned Inthelaw, “how history repeats -itself, even in insignificant matters.” - -I bowed, and remarked: “A very sensible man once observed that there was -nothing new under the sun.” - -“He did not live, however, in this our nineteenth century,” was the -reply. “But what I was going to say was that there are two cases -reported in our English law-books exactly similar to the two occurrences -of to-day.” - -“That is singular. What were the decisions?” - -“In the reticule case,[85] the hotel-keeper was held responsible for the -loss; in the other,[86] it was considered that the guest had been guilty -of negligence so as to absolve the host. You know that with us it was -decided, about the time that Columbus was discovering America, that an -innkeeper is liable for the goods of his guests if damaged or stolen -while under his care as an innkeeper;[87] and in such cases he is not -freed from his grave responsibility by showing that neither himself nor -his servants are to blame, but in every event he is liable unless the -loss or injury is caused by the act of God, or the queen’s enemies, or -the fault, direct or implied, of the guest[88]--and that even though the -poor man has not only not been negligent, but has even been diligent in -his efforts to save the property of his guest.”[89] - -“The rule is the same with us,”[90] I replied, “and it extends to all -personal property the guest brings with him, whatever may be the value -or the kind.[91] And if the proprietor happens to be absent he is still -liable for the conduct of those he has left in charge.[92] Innkeepers, -as well as common carriers, are regarded as insurers of the property -committed to their care. The law rests on the same principles of policy -here as in England and other countries, and is wise and reasonable.”[93] - -“But it seems very severe upon innkeepers,” remarked a by-stander. - -“Rigorous as the law may seem, my dear sir,” replied my friend of -Lincoln’s Inn, “and hard as it may actually be in one or two particular -instances, yet it is founded on the great principle of public utility to -which all private considerations ought to yield; for travelers, who must -be numerous in a rich and commercial country, are obliged to rely almost -implicitly on the good faith of innkeepers, whose education and morals -are often none of the best, and who might have frequent opportunities -for associating with ruffians and pilferers; while the injured guest -could seldom or never obtain legal proof of such combinations, or even -of their negligence, if no actual fraud had been committed by them.”[94] - -“What did the old Roman law say on the subject?” inquired old Dr. -Dryasdust, who considered that nothing done or said on the hither side -of the Middle Ages was worthy of consideration. - -“They, sir, were equally anxious to protect the public against dishonest -publicans, and by their edicts gave an action against them if the goods -of travelers were lost or hurt by any means except _damno fatali_, or by -inevitable accident; and even then Ulpian intimates that innkeepers were -not altogether restrained from knavish practices or suspicious -neglect.”[95] - -“Still,” said the by-stander aforesaid, “I do not see how the reticule -can be considered to have been under our landlord’s care.” - -“To render him liable it is not necessary that the goods be placed in -his special keeping, or brought to his special notice. If they be in the -inn, brought there in an ordinary and reasonable way by a guest, it is -sufficient to charge the proprietor.”[96] - -“Yes,” I chimed in, “and it does not matter in what part of the hotel -the goods are kept, whether ‘up-stairs, or down-stairs, or in the lady’s -chamber’: while they are anywhere within it, they are under the care of -Boniface, and he is responsible for their safe custody. He is equally -liable, whether baggage is put in a bedroom, a horse handed over to the -care of the hostler,[97] or goods placed in an outhouse belonging to -the establishment and used for that sort of articles.[98] My friend -Epps, on one occasion, went to an inn down in Mississippi, and had his -trunk taken to his bedroom, and it being broken into at night and the -money purloined, the innkeeper was held liable.”[99] - -“A friend of mine,” said the English gent, “who was in the employ of a -sweet fellow of the name of Candy, on arriving at an inn gave his -luggage to Boots, who placed one package in the hall; afterwards the -servant wished to carry it into the commercial room, but the owner -requested him to leave it where it was; the parcel mysteriously -disappeared, and the innkeeper had the pleasure of paying for it.”[100] - -“In fact, I believe an innkeeper cannot make his guest take care of his -own goods;[101] nor is a traveler bound to deposit his valuables in the -hotel safe, even though he may know that there is one kept for the -reception of such articles, and there is a regulation of the house -requiring articles of value to be so deposited,”[102] I remarked. - -“Are you not stating that rather broadly?” questioned my legal confrere. - -“No Vatican Council has proclaimed me infallible. I know full well that -when the poet said ‘to err is human,’ he spoke truth. Of course, I am -speaking only of the rule in States in which there is no special law or -statute on the point, limiting the liability of publicans,” I replied. - -“I think, however,” said Mr. Inthelaw, the Englishman, “that it has been -held that the innkeeper may refuse to be responsible for the safe -custody of the guest’s goods unless they are put in a certain place, and -if the guest objects to this, the host will be exonerated in case of -loss.[103] And a guest who has actual notice of a regulation of the inn -as to the deposit of valuables, and has not complied with it, takes the -risk of loss happening from any cause, except, of course, the actual -sins of emission and commission of the landlord or his servants.”[104] - -“And very reasonably,” remarked a by-stander. - -“But clear and unmistakable notice of these regulations restricting the -publican’s liability must certainly be given,”[105] I asserted. “And,” I -continued, “I believe a distinction has been taken, and it appears to -rest upon good reason, between those effects of a traveler not -immediately requisite to his comfort, and those essential to his -personal convenience, and which it is necessary that he should have -constantly about him; so that, though personally notified, he is not -bound to deposit the latter with the innkeeper. And, perhaps, this -distinction will explain the apparently contradictory decisions.”[106] - -“Doubtless the notice must be clear. Even a printed notification is not -sufficient. It must be brought home to the mind of the guest, or at -least to his knowledge, before he enters and takes possession of his -room, so that, if he does not like the regulations, he may go -elsewhere.[107] In one case, the register was headed with the notice, -‘Money and valuables, it is agreed, shall be placed in the safe in the -office; otherwise, the proprietor will not be liable for loss’; and Mr. -Bernstein duly entered his name in the book; still he was not held bound -by the notice, as there was no proof that it was seen or assented to by -him.”[108] - -By-stander here remarked: “My father kept an inn in New York State, and -once told a man of the name of Purvis, when he arrived at the house, -that there was a safe for valuables, and that he would not be -responsible for his unless they were placed in it. Purvis, however, -neglected the caution, and left $2,000 in gold in a trunk in his -bed-room, locked the door, and gave the key to my father. Some thief -broke through and stole, and Purvis tried to make the old gentleman -responsible for the theft; but the court did not agree with him, and -considered that he alone must bear the loss.”[109] - -“The host is not liable for the loss of goods if, at the time of their -disappearance, they were in the exclusive possession of their -owner,[110] and it will generally be left to an intelligent jury to say -whether or not the articles were in the sole custody of the guest,”[111] -remarked Mr. Inthelaw. - -“What do you mean?” asked one. - -“For instance, where a Brummagem man, traveling for orders, came to an -inn with three boxes of goods; the travelers’ room did not meet with his -approbation, so he asked for another one up stairs, where he might -display his wares. The lady of the house gave him one with a key in the -door, and told him to keep it locked. The boxes were taken to the new -apartment, and after dining in the travelers’ room, the Brummagem -gent--who seemed inclined to put on airs--took his precious self into -the new room, and there also he took his wine. After his repast, he -exhibited his wares--chiefly jewelry--to a customer, and in the cool of -the evening went out to see the town, leaving the door unlocked, and the -key outside. (So the reporter tells us, though why he need have taken -the trouble to leave the door unlocked if the key was on the outside, or -the key outside if the door was unlocked, I cannot understand.) While he -was away, two of his boxes went away, too. He sued the proprietor of the -house for damages, but got nothing. He applied for a new trial, but with -like success. Lord Ellenborough remarked that it seemed to him that the -care of the goods in a room used for the exhibition of the goods to -persons over whom the innkeeper could have no check or control hardly -fell within the limits of his duty as an innkeeper; that the room was -not merely intrusted to our friend in the ordinary character of a guest -frequenting an inn, but that he must be understood as having special -charge of it. And another learned judge gave it as his sentiments that -the traveler should be taken to have received the favor of the private -room _cum onere_; that is, he accepted it upon the condition of taking -the goods under his own care.”[112] - -“But,” I said, “of course, simply ordering goods to be placed in a -particular room is not such a taking under one’s own care as to absolve -an innkeeper from his responsibility.[113] I recollect a case where a -traveler, on arriving, requested his _impedimenta_, as old Cæsar used to -say, to be taken to the commercial room; they were, and they were -stolen, and the innkeeper was held bound to recoup the man, although he -proved that the usual practice of the house was to place the luggage in -the guest’s room, and not in the commercial room, unless an express -order was given to the contrary. The chief justice remarked that if mine -host had intended not to be responsible unless his guests chose to have -their goods placed in their sleeping apartments, or such other place as -to him might seem meet, he should have told them so.”[114] - -By-stander observed that the law seemed inconsistent, as there did not -appear to be much difference between the two cases. - -“Mr. Justice Holroyd distinguished the latter from the former case by -saying that the Birmingham man asked to have a room which he used for -the purposes of trade, not merely as a guest in the inn.[115] In -Wisconsin, it was held that the retention by a guest of money or -valuables upon his person was not such exclusive control as to exonerate -an innkeeper from liability, if the loss was not induced by the -negligence or misconduct of the guest,”[116] remarked one who knew -whereof he affirmed. - -“An hotel-keeper is of course liable for the conduct of another guest, -placed in a room already occupied, without the consent of the -occupant.[117] And where a guest left his door unlocked, because he was -told that he must either do so or get up in the night and open it, as -others had to share the room with him, the innkeeper was held liable for -everything lost.”[118] - -This very learned and intensely uninteresting discussion was here -summarily put a stop to by the appearance in the room of several ladies -who had respectively claims upon the respective talkers, and who were -ready and willing to inspect the inside of the luncheon hall. - -“How singularly our hours of refection have changed,” remarked Mr. L. -Inthelaw. “You remember that in the sixteenth century the saying was: - - ‘Lever à cinq, diner à neuf, - Souper à cinq, coucher à neuf, - Fait vivre d’ans nonante et neuf.’ - -“And even in the early days of the reign of Louis XIV the dinner hour of -the court was eleven o’clock, or noon at the latest.” - -“Yes,” I replied, “I have noticed that the historians say that one of -the causes which hastened the death of Louis XII was his changing his -dinner hour from nine to twelve at the solicitation of his wife. What a -fine house this is!” - -“Well, sir,” was the response, “believe a stranger and a foreigner when -he tells you that, good as are some of the hotels in Europe, the -American ones surpass them all both in size and in general fitness of -purpose.” - -“I am glad to hear you say so. I presume that the great extent of our -territory, the natural disposition of our people to travel, our -extensive network of railways, have developed our hotel system, and made -it, as you say, without a parallel in the world,” I replied. - -“Have you traveled much, sir?” asked Mrs. Lawyer. - -“Yes, well nigh all round the world. And so, I flatter myself, I have -had more experience in hotels than most men.” - -“You must have seen a great variety,” I remarked. - -The Englishman smilingly replied: “In far off China I have carried about -my own bedding from inn to inn, not caring to occupy that in which a -Celestial, a Tartar, or a Russian had slept the night before. In France, -I have taken around my little piece of soap, an almost unknown luxury in -Continental hotels. In India, I have lodged in the dak bungalows -provided by the government, where the articles of furniture are like -donkey’s gallops--few and far between. There you must manage the -commissariat department yourself if you would not starve. I remember -once stopping at one of the best country hotels in the Bombay -Presidency, and was given a sitting-room, a bed-room, and a bath-room; -but in the first a number of birds had built their nests, and flew in -and out and roundabout at their pleasure; in the bed-room a colony of -ants swarmed over the floor, while in my third room cockroaches and -other creeping things gave a variegated hue to the pavement; everything -else was in keeping.” - -“Horrors!” exclaimed Mrs. L. - -“Unpleasant, to say the least,” I remarked, “unless, indeed, you were a -naturalist.” - -“I think,” continued our traveled friend, “that one never feels at home -in an European hotel. You never know your landlord or your -fellow-sojourners; the _table d’hôte_ in the grand dining-halls prevents -all intercourse between the guests; they never have a smoking-room, a -billiard-room, a bar-room, or a bath-room; if you want to do ‘tumbies’ -you are furnished with a regular old tub.” - -“I know that from experience”, said my wife. “Once at a grand hotel in -Florence I wanted a bath, and was promised one. By-and-by, as I sat at -my window in the gloaming, I saw a man trundling a handcart containing a -bath and some barrels. In a few minutes two men solemnly ushered this -identical tub into my room, then in three successive trips they brought -in three barrels of water, two cold, the other hot; a sheet was spread -over the bath, and the water allowed to gurgle out of the bunghole into -it, while with uprolled sleeve the swarthy Italian mingled the hot and -the cold with his hand till what he considered a suitable temperature -was gained. When all was ready, the man coolly asked how soon he should -come back for his apparatus. Actually there was neither bath nor water -in the hotel, although the Arno rolled beneath its windows. As you say, -bath-rooms are unknown in civilized Europe.” - -“Then, again,” I said, “if you want your dinner, and are not at _table -d’hôte_, you must write out a list of what you want as long as a -newspaper editorial, hand it in, and wait longer than it would take to -set it up in type before the eatables appear. I have known people wait -an hour at swell hotels, and then go away unsatisfied.” - -“There are plenty of hotels in all large English towns,” said our -friend; “but none a quarter of the size of the large caravansaries to be -found in New York, Philadelphia, Chicago, or San Francisco. Their -exteriors are rather fine, a few rooms are well furnished; but, on the -whole, they are dark and dingy.” - -“Were you ever at the Grand Hôtel du Louvre, in Paris?” asked my wife. - -“Yes. What a splendid place it is! The dining-room is not the largest, -but it is as fine as any in the world; its ornamentation is so chaste, -its chandeliers so splendid, its mirrors so magnificent, and the dinner -is perfection; in fact, as some one says, it is the elysium of the -_bon-vivants_ and the paradise of the esthetic. But if I go on in this -style you will take me for a ‘runner’ for first-class hotels.” We then -passed on to another subject, as the reader must to another chapter. - - - - -CHAPTER IV. - -GUESTS, WAGERS, AND GAMES. - - -A fashionable young gent--a dweller in the city--(on whose face nature, -as in the case of the Honorable Percy Popjoy, had burst out with a -chin-tuft, but, exhausted with the effort, had left the rest of the -countenance smooth as an infant’s cheek) had been enjoying himself with -some kindred spirits, (and some spirits far stronger, too,) and being -belated, as well as rather bewildered, with the potations of the -evening, went to bed in our hotel. The next morning he found himself the -possessor of a splitting headache, but minus his gold repeater; so he -kindly and condescendingly consulted me upon the subject of the -proprietor’s liability to make good his loss. - -I told him that in my opinion he had better save up his money and buy a -new watch, for there were several reasons why the hotel-keeper need not -give him one. - -“What are they?” he asked. - -“We need not consider,” I replied, “the question of your negligence in -carelessly exhibiting your watch among a lot of people at the bar, nor -in leaving your door unlocked, nor need we say that because your -intoxication contributed to the loss, therefore the landlord is not -liable.[119] The fact that you were not a traveler is sufficient to -prevent your recovering. Long since it was laid down in old Bacon that -inns are for passengers and wayfaring men, so that a friend or a -neighbor can have no action as a guest against the landlord.”[120] - -“What in thunder have I to do with what is laid down in old Bacon?” - -“What is to be found inside old Bacon, and old calf, and old sheep, has -a good deal to do with every one who makes an old pig of himself,” I -testily replied. - -“I trust, sir, that you use that last epithet in its Pickwickian sense,” -said the young exquisite. - -“Certainly, certainly,” I hastened to reply, “if you will so accept it.” - -“Then I would ask,” continued my interrogator, “must a man be a certain -length of time at an hotel before he is entitled to the privileges of a -guest?” - -“Oh, dear, no! Merely purchasing temporary refreshment at an inn makes -the purchaser a guest and renders the innkeeper liable for the safety of -the goods he may have with him,[121] if he is a traveler.” - -“But who is a traveler?” - -“One who is absent from his home, whether on pleasure or business.[122] -A townsman or neighbor, who is actually traveling, may be a guest.[123] -In a New York case, where a resident of the town left his horses at the -inn stables, it was decided that the proprietor was not liable for -them.[124] So if a ball is given at an hotel the guests present cannot -hold the proprietor liable for any losses occurring while they are -tripping the light fantastic toe, as he did not receive them in his -public capacity.”[125] - -“But,” remarked a person standing by, “but how would it be if a traveler -left his baggage at an hotel and stopped elsewhere?” - -“If one leaves any dead thing, as baggage, at an inn he will not be -considered a guest;[126] if, on the other hand, he leaves a horse, he -becomes entitled to all the privileges and immunities of a guest, even -though he himself lodges elsewhere.”[127] - -“Why the difference?” quoth one. - -“I might, perhaps, be more correct if I said that on this point the -authorities are antagonistic.[128] The distinction, however, was made -because, as the horse must be fed, the innkeeper has a profit out of it, -whereas he gets nothing out of a dead thing.[129] One need not, however, -take all his meals or lodge every night at the inn where his baggage is. -It is sufficient if he takes a room and lodges or boards at the house -part of the time.”[130] - -“I think I have heard that if one makes an agreement for boarding by the -week, he ceases to have the rights of a guest,” said the previous -speaker. - -“The length of time for which a person resides at an hotel does not -affect his rights, so long as he retains his transient character;[131] -nor does he cease to be a guest by proposing after his arrival to remain -a certain time, nor by his ascertaining the charges, nor by paying in -advance, nor from time to time as his wants are supplied,[132] nor even -by arranging to pay so much a week for his board, if he stays so long, -after he has taken up his quarters at the house;[133] but if when he -first arrives he makes a special agreement as to board,[134] or for the -use of a room,[135] he never becomes a guest, and the innkeeper’s -liability is totally different, being only that of an ordinary bailee. -One visiting a boarder at an inn is a guest, and the keeper is liable -for the loss of his goods, though not of the boarder’s.”[136] - -“And when does a person cease to have the rights of a guest?” again -queried the questioner. - -I replied, “An innkeeper’s liability, as such, ceases when the guest -pays his bill and quits the house with the declared intention of not -returning, and if he then leaves any of his possessions behind him, the -landlord is no longer liable for their safe keeping, unless he has taken -special charge of them, and then only as any other common bailee would -be.[137] And this appears to be so, even when an arrangement has been -made for the keep of the guest’s horse.[138] Unless specially -authorized, a clerk cannot bind his master by an agreement to keep -safely a guest’s baggage after he leaves.”[139] - -“But supposing one pays his bills and goes off expecting to have his -traps sent after him immediately to the station?” questioned a new -interrogator. - -“Mrs. Clark went to ‘The Exchange Hotel’ in Atlanta, with eight trunks; -on leaving, the porter of the inn took charge of the baggage, promising -to deliver it for her at the cars. He lost two of the pieces, and it was -held that the liability of the hotel-keeper continued until such -delivery was actually made.[140] On the same principle that when an -innkeeper sends his porter to the cars to receive the baggage of -intending guests, he is responsible until it is actually re-delivered -into the custody of the guests. And where a man paid his bill for the -whole day and went off, leaving his trunk, with twenty cents for -porterage, to be sent to the boat, the innkeeper was held liable until -the baggage was actually put on board.[141] The liability for baggage -left with an innkeeper with his consent, continues for a reasonable time -after the settlement of the bill, and even after a reasonable time he is -responsible for gross negligence.[142] Where a visitor had actual notice -that the landlord would not be responsible for valuables unless put -under his care, and on preparing to depart gave a trunk containing -precious goods into the care of the servants and it was lost, yet the -innkeeper was held liable.[143] So, also, where valuables were stolen -from a trunk after the guest had packed it, locked his room, and given -notice of his departure, and delivered the key of his room to the clerk -to have the trunk brought down.[144] What is all that row about?” - -Weary of the conversation, and being attracted by some rather loud -conversation in another part of the room, I walked off to see what it -was all about, and soon found that it was anent a young lady’s age. - -“I bet you she is--” began one of the disputants. - -“Stop!” I cried, “that is not a proper wager.” - -“Begad! what do you mean, sir?” was queried in tones not the mildest. - -“Simply that where a wager concerns the person of another, no action can -be maintained upon it. As Buller, J., once remarked, a bet on a lady’s -age, or whether she has a mole on her face, is void. No person has a -right to make it a subject of discussion in a court of justice, whether -she passes herself in the world to be more in the bloom of youth than -she really is, or whether what is apparent to every one who sees her, is -a mole or a wart; although a lady cannot bring an action against a man -for saying she is thirty-three when she passes for only twenty-three, -nor for saying she has a wart on her face. Nor will the courts try a -wager as to whether a young lady squints with her right eye or with her -left.[145] And Lord Mansfield came to very much the same conclusion in -discussing the law in a celebrated wager case concerning the gender of a -certain individual,[146] because, as his lordship remarked, actions on -such wagers would disturb the peace of individuals and society.” - -“Confound it, the fellow seems to have swallowed a law library,” -muttered one man; while another said, - -“But surely many wagers equally as absurd have been sued on in courts of -law with success.” - -“There is no doubt of that,” I replied. “It was done upon a bet of ‘six -to four that Bob Booby would win the plate at the New Lichfield -races;’[147] also, upon a wager of a ‘rump and dozen’ whether one of the -betters were older than the other.[148] In the latter case the C. J. -modestly said that he did not judicially know what a ‘rump and dozen’ -meant; but another judge more candidly remarked that privately he knew -that it meant a good dinner and wine. And a bet as to whose father would -die first was held good, although one old man was defunct at the time, -the fact not being known to the parties.[149] But Lord Ellenborough -refused to try an action on a wager on a cock-fight.”[150] - -“Although at common law many wagers were legal,” remarked the English -gentleman alluded to aforetime, “still, in England, as the law now -stands, all wagers are null and void at law,[151] and if the loser -either cannot or won’t pay, the law will not assist the winner;[152] but -either party may recover the stake deposited by him, before it is paid -over to the winner by the holder. That point was settled in the case of -a genius who bet all the philosophers, divines, and scientific -professors in the United Kingdom, £500, that they could not prove the -rotundity and revolution of the earth from Scripture, from reason, or -from fact, the wager to be won by the taker if he could exhibit to the -satisfaction of an intelligent referee a convex railway, canal, or -lake.”[153] - -“Was the referee satisfied?” asked a bystander. - -“Yes; it was proved to his satisfaction that on a canal, in a distance -of six miles, there was a curvature to and fro of five feet, more or -less. And then the man asked his stake back, and got it, too.” - -“In New York,” I said, “it has been held, under a statute giving the -losing party a right of action against the stake-holder for the stake, -whether the stake has been paid over by the stake-holder or not, and -whether the wager be lost or not, that the holder is liable to the -loser, although he had paid over the stake by his directions.[154] And -in several of the States, if the wager is illegal, the stake-holder is -liable to be made refund the stakes, notwithstanding payment to the -winner.”[155] - -“Such decisions are subversive of all honor and honesty,” said a betting -looking character. - -“Not so. A bet should be a contract of honor, and no more. One should -not bet unless he can trust his opponent. The time of the courts of law -should not be taken up by such matters.” - -“Are the American courts as hard upon wagers as the English?” asked the -Englishman. - -“Quite so,” I replied. “In some parts of the country they have been -prohibited by statute, and some courts have denied them any validity -whatever. In Colorado it was held that the courts had enough to do -without devoting their time to the solution of questions arising out of -idle bets made on dog and cock-fights, horse-races, the speed of trains, -the construction of railroads, the number on a dice, or the character of -a card that may be turned up.[156] Even if admitted to be valid in any -case, it is quite clear upon the authorities that they cannot be upheld -where they refer to the person or property of another, so as to make him -infamous or to injure him, or if they are libelous, or indecent, or -tend to break the peace.[157] In some States it has been decided that -wagers upon the result of elections are against public policy, and -therefore void. In California, during the presidential campaign of 1868, -a man called Johnson bet that Horatio Seymour would have a majority of -votes in that State, while one Freeman bet that U. S. Grant would be the -lucky man. Mr. Russell was the stake-holder. After the result of the -election was known, Johnson demanded his money back, but Russell -honorably paid it over to the winner; so J. turned round and sued for -it. The Court held, that if Johnson had repudiated his bet and asked for -his money before the election, or before the result was known, he might -have got it, but that now he was too late.[158] Judge Sanderson remarked -that in times of political excitement persons might be provoked to make -wagers which they might regret in their cooler moments. No obstacles, he -thought, should be thrown in the way of their repentance, and if they -retracted before the bet has been decided, their money ought to be -returned; but those who allow their stakes to remain until after the -wager has been decided and the result known, are entitled to no such -consideration; their tears, if any, are not repentant tears, but such as -crocodiles shed over the victims they are about to devour.”[159] - -“Ah, then it has been judicially decided that crocodiles weep,” -sarcastically observed a bystander. - -From talking on wagering, we naturally passed to the subject of -gaming--a kindred vice. - -“I believe that in England there is a law forbidding an innkeeper to -allow any gaming on his premises,” I remarked. - -“Yes,” said the English barrister. “Any licensed innkeeper who suffers -any gaming or betting or unlawful games upon his premises, runs the risk -of being fined.”[160] - -“What do they consider gaming?” asked a rakish looking individual, who -seemed as if he understood practically what it was. - -“Playing at any game for money,[161] or beer, or money’s worth;[162] or -even exhibiting betting lists.”[163] - -“That seems precious hard,” quoth the rake. - -“In one case an innkeeper was punished for allowing his own private -friends to play at cards for money in his own private room, on the -licensed premises.”[164] - -“Not much liberty in England,” remarked the youth. - -“That was almost as bad as the tavernkeeper who was fined by some -energetic Yorkshire magistrate for being drunk in his own bed, in his -own house!”[165] observed another. - -“Farewell to the fond notion that an Englishman’s house is his castle!” -melodramatically exclaimed the youth. - -“But please allow me to say that Lust, J., held, in a very recent case, -that although an innkeeper, if drunk on his own premises while they are -open, is as much amenable to the penalty as if he was found drunk upon -the highway, yet it could never have been intended that an innkeeper who -is drunk in his own bedroom should be liable any more than a person--not -a publican--found drunk in his own private house,”[166] said the -Englishman. - -“And what, pray, may be the unlawful games which are so strictly -forbidden inside the tavern--the poor man’s home?” asked the youth. - -“Dice, ace of hearts, faro, basset, hazard, passage, or any game played -with dice, or with any instrument, engine, or device in the nature of -dice, having figures or numbers thereon, and roulette, or rolly-polly; -and bull-baiting, bear-baiting, badger-baiting, dog-fighting, -cock-fighting, and all such games, are unlawful,” replied the -Englishman. - -“Surely, you have not got through the black list yet,” ironically -remarked our rake. - -“Those mentioned, and the game of puff and dart, if played for money or -money’s worth,[167] and lotteries and sweepstakes, except in cases of -art unions, where works of art are given as prizes, are all the games I -remember, that are prohibited by the Statutes of Henry VIII, George II, -and her present Majesty.” - -“May I ask what games you are permitted to indulge in? I do not see that -any are left, except the ‘grinning through a halter,’ spoken of in _The -Spectator_, in which highly intellectual and moral contest the rule is - - “‘The dreadfullest grinner - To be the winner.’ - -“Backgammon and all games played upon backgammon boards,[168] quoits, -tennis, and all games of mere skill, are perfectly lawful, unless played -for money or money’s worth.”[169] - -“And what of billiards?” - -“Oh, that is not unlawful unless played for money.”[170] - -“No wonder,” said Mr. Rake, “that people emigrate from that benighted -land. And yet Henry VII, and James I, and his estimable son, Prince -Henry, were remarkably fond of having a game of cards; although Scotch -Jamie was so lazy a coon that he required a servant to hold his hand for -him. I believe that those good sovereigns who passed these virtuous laws -took care to except from their operation their loyal palaces.”[171] - -“I would remind you, my good sir,” I said, “that gaming is forbidden in -almost all the States; that a judge in South Carolina said that if he -could have his own way, he would hold that a billiard room kept for -filthy lucre’s sake was a nuisance at common law;[172] and the same -judge decided that a bowling-alley kept for gain was a nuisance. In -Kentucky, it was held unlawful to throw dice to see who should pay for -the drinks;[173] in Virginia, betting on a game of bagatelle was held -illegal;[174] while in Tennessee, selling prize-candy packages was -decided to be gaming and indictable.”[175] - -“Alas, my country!” - -“By the way, do you remember, sir, the distinction the Ettrick Shepherd -drew between the card-playing of old people and that of young folk?” -asked an elderly bystander of Scotian descent. - -“No, what was it?” - -“He says, ‘you’ll generally fin’ that auld folk that play carrds have -been raither freevolous, and no muckle addicteed to thocht, unless -they’re greedy, and play for the pool, which is fearsome in auld age. -But as for young folks, lads and lasses like, when the gude man and his -wife are gaen to bed, what’s the harm in a gaem at cairds? It’s a -cheerfu’ noisy sicht o’ comfort and confusion; sic lookin’ into ane -ainither’s han’s! sic fause shufflin’! sic unfair dealin’! sic winkin’ -to tell your pairtner that ye hae the king or the ace! And when that -winna do, sic kicken’ o’ shins an’ treadin’ on taes aneath the -table--often the wrong anes! Then what gigglin’ amang the lasses! what -amiable, nay, love quarrels between pairtners! jokin’ an’ jeestin’, and -tauntin’ an’ toozlin’--the cawnel blawn out, an’ the sound of a thousan’ -kisses. That’s caird-playin’ in the kintra, Mr. North, and where’s the -man amang ye that’ll daur to say that it’s no’ a pleasant pastime o’ a -winter nicht, when the snaw is a cumin’ doon the hun, or the speat’s -roarin’ amang the mirk mountains?” - -“Give us that in English,” said the forward young man, as he left the -room. - - * * * * * - -There was a door between our bedroom and that adjoining. Upon taking -possession, we tried it; it appeared fast, but the key was not on our -side and the bolt was _hors du combat_. - -My wife had retired for the night, and was rapidly approaching that -moment when the rustling silk, the embroidered skirt, the pannier, the -braids, and elaborately arranged coiffure are exchanged for a _robe de -nuit_ of virgin white and a bob of hair on the head, _simplex -numditiis_. Suddenly the door between the two rooms creaked, squeaked, -and opened, and a creature clad in man’s attire protruded his head. -When, however, he saw that the room was occupied he drew back, laughing -to himself as he locked the door. - -On my arrival I found the partner of my joys and sorrows perched upon -the bed like Patience on a monument. Immediately chambermaids, -housemaids, and waiters were summoned, and informed that the key must -be taken out of that dreadful door and placed in the office. After his -voyage of discovery, Paul Pry had gone out, so a waiter entered the -room, took the key, and having hampered the lock of P. P.’s door, he -passed out _via_ our room, my wife gracefully retiring into a closet. -When we were quietly reclining on our downy couch we heard our neighbor -making fruitless efforts to regain his room; in vain he summoned the -chambermaid with her keys; in vain came the waiter with his. P. P. had -to pass the night in another apartment, minus his toilet appointments. - -“What would I have done,” asked my wife, “if that horrid wretch had come -into the room?” - -“Oh, we could have brought an action of trespass against him;[176] for -the possession we have of this room is quite sufficient to entitle us to -recover against a wrong-doer, although we could not maintain such an -action against the hotel-keeper if he should enter for any proper -purpose.”[177] - -“But that would not be a very great satisfaction,” said my wife. - -“Well, it is the best we could do, for we could not summon to our aid -the good spirits that interfered on behalf of the Lady Godiva to punish -Peeping Tom.” - -“But what if he had assaulted me?” she queried. - -“Well, I am afraid I would have had to settle the matter with him, for -an innkeeper is not bound to keep safe the bodies of his guests,[178] -but merely their baggage; that is, such articles of necessary or -personal convenience as are usually carried by travelers for their own -use, the facts and circumstances of each case deciding what these -articles may be.[179] Hush! What is that?” - -“A mosquito.” - -“Well, I must kill it.” - -“Never mind,” urged my wife. “Spare the little creature.” - -“I can’t stand their bites any more than my betters, and others who have -gone before. When they pierced the boots of the Father of his Country in -the New Jersey marshes, that exemplary individual indulged in bad -language; they drove back the army of Julian the Apostate, or apostle, -as Lord Kenyon called him; they compelled Sapor, the Persian, to raise -the siege of Nisibes, stinging his elephants and camels into madness; -they render some parts of the banks of the Po uninhabitable, and cause -people in some countries to sleep in pits with nothing but their heads -above ground. How, then, can you expect me to lie quietly here and wait -to have their horrid war-whoop sung in mine ears, as they dance in giddy -mazes from side to side, ere they plunge their sharp stilettos into my -shrinking flesh?” - -Forthwith I arose, lit the gas, and wandered round and round the room, a -white-stoled acolyte of science, with a towel in my hand, ready to take -the life of any member of the extensive family of _Culex Pipiens_. Long -was the search after the tireless musician, blowing his own trumpet as -enthusiastically as any other musical genius. My wife mocked me as I -danced about, flipping to the right and to the left; but at last Mrs. -Mosquito, swanlike, sang a song, which (to me, at least) was her -sweetest, as it was her last. - - - - -CHAPTER V. - -SAFES AND BAGGAGE. - - -Shortly after this, while traveling in a palace car, and during the -night, Mrs. Lawyer lost some of her paraphernalia, and felt strongly -inclined to make a row about it; but I quoted the sublime words of -somebody or other, “Let us have peace,” and then told her that the -owners of sleeping cars--who receive pay in advance from travelers -merely for the sleeping accommodations afforded by their cars, and this -only from a particular class of persons, and for a particular berth, and -for a particular trip--are not liable as innkeepers for money or -property that may be stolen from the lodgers on their cars; and that, as -they only furnish sleeping accommodation for travelers who have already -paid the railway company--over whose line the cars run--for their -transportation, and receive no part of the fare paid for transportation, -they are not common carriers, nor are they liable for property lost or -stolen from their carriages. Mr. Chester M. Smith, who lost $1,180 on -the Pullman car “Missouri,” in the State of Illinois, in December, 1872, -was the innocent cause of the enunciation of the law upon this point. -The court held that a Pullman car is not a common inn--that it does not -accommodate persons indiscriminately--does not furnish victual and -lodging, but only lodging--affords no accommodation but a berth and -bed, and a place and conveniences for toilet purposes--does not receive -pay for caring, nor undertake to care, for the goods of travelers; but -the accommodation afforded is the result of an express contract, and -that the liabilities of innkeepers should not be extended to -others.[180] - -We had passed from one State into another, and had now taken up our -quarters at a magnificent hotel (its name will not be mentioned, for I -do not desire to injure any of the other houses). As we stepped out of -the cab, we entered a vast and handsome office of white marble, and -passed up to the splendid parlors and luxurious bed-rooms above. The way -I wrote our names in the register, and asked for dinner in our private -sitting-room, led the gentlemanly clerk to believe that myself and Mrs. -Lawyer had but lately entered into a partnership for weal and woe; this -I found when the elegantly attired waiters served our dinner. The whole -service was one continued tribute to Love. On the soup tureen were -little Cupids, training a huge turtle; on the fish plates, as mermaids -and mermen, they were riding on salmon and dolphins; on the other -dishes, these naked little rascals flew about among beautiful birds, hid -under strawberry vines, or swung in spider-web hammocks from sprays of -wild blackberry; they dug in ravines like mountain gnomes, and pried and -lifted carrots with comical machinery, as though they were great bars -and ingots of yellow gold. Some of the dish-covers were shaped like -cabbages, and Cupids peeped from under every curling leaf; others, -again, gathered the vintage and trod the grapes. Last of all, on the -dessert service was represented the marriage of the queen of the flower -fairies, each piece a different flower, with a love perched on it, some -with torches, others with instruments of music; while the central stand -represented the ceremony itself; a scarlet cardinal-flower was saying -mass, and on the highest point of the dish, (which represented a church -tower,) a chorus of these sprites of Venus were tugging at the stamens -of a chime of fuchsias, like boys merrily pulling the ropes of wedding -bells. Each piece differed from the others, but there was a love in -every one. My wife was in raptures over the beautiful china, the -exquisite elves, the graceful flowers, the delicate sentiments, the -poetry in the artist’s soul thus moulded into form--hardened into a -thing of beauty, a joy forever. She could not restrain her exclamations -of delight, as course succeeded course, even in the presence of the -sedate attendants. Each new beauty called forth a new expression of -wonder and pleasure. She would scarce allow anything on her plate, so -anxious was she to study the devices and designs. I was calmer, being -older, hungrier, less ethereal, and feeling an inner consciousness that -a heavy bill would be the successor of these fairy scenes. - -Even this dinner came to an end, long though we toyed over the dessert. -The china afforded a ceaseless topic of conversation, until at length -little fairies of another kind began to hang upon the long black lashes -which veiled my wife’s beautiful brown eyes, and we passed into our -bed-chamber. - -Over the mantel-piece of our dormitory hung a card, on which was printed -the following: - - “TAKE NOTICE. - - “This building is fire-proof. - - “Several robberies having taken place during the night, in the - principal hotels, the proprietor respectfully requests all visitors - to use the nightbolt. - - “Money, jewelry, or articles of value are requested to be left at - the bar, otherwise the proprietor will not hold himself responsible - for any loss. - - “A. B., Proprietor.” - -My wife, who was rapidly increasing in legal knowledge and acuteness -under my able instructions, and was filled with the romantic idea of -becoming a veritable helpmate to me in my profession as well as in the -expenditure of my money, after reading the notice asked me if I was -going to hand over my valuables. I told her that Pollock, C. B., had -announced to the world that it was his opinion that such a notice did -not apply to those articles of jewelry which a person usually carries -with him--his watch, for instance--because, as the learned judge puts -it, such an article would be of little service to the owner if it were -nightly stowed away in the hotel safe.[181] His lordship, however, was -inclined to think that if the watch were a richly jeweled one, set in -valuable diamonds, it would be wiser to give it to the proprietor to -keep.[182] - -“But that is an English decision,” remarked my wife, filled with the -genuine occidental opinion of oriental notions. - -“Well, supposing it is,” I made answer, “it is in accord with the -American; and a New York judge once said that although a watch, a gold -pen, and pencil-case might in some sense be called jewels, still they -should be considered part of a traveler’s personal clothing, or -apparel--and one after retiring to rest for the night is not expected to -send down his ordinary clothing or apparel to be deposited in the -safe.”[183] - -“But,” continued Mrs. Lawyer, “this notice is not exactly the same as -what one generally sees; it says nothing about the proprietor not being -liable for the loss of things above a certain sum.” - -“No,” I replied, “and it’s all the better for us; for if the notice -required by law is not properly posted up in the office and bedrooms, -the proprietor cannot claim the benefit of the provision relieving him -from the liability imposed upon him by the common law of making good all -losses and damage to his guests’ goods and property, unless caused by -act of God, or of public enemies. It has been held in Iowa that such a -notice as this one does not affect the landlord’s position.”[184] - -“To what extent can he shirk his liability?” queried my wife, glancing -at her large and well-filled Saratoga. - -“That depends upon the particular statute of the country or State in -which he happens to live. If there is not a special law, no notice will -bind the guest, unless it can be proved that he has seen it before he -takes possession of his room,[185] or has assented to it.[186] In -England, an innkeeper, if he cause at least one copy of the law, -(printed in plain type,) to be exhibited in a conspicuous part of the -hall or entrance to his inn, will not be liable to make good any loss of -or injury to goods or property brought to the inn, to a greater extent -than £30, (unless it be a horse or other animal, or any gear -appertaining thereto, or any carriage) except when such goods have been -stolen, lost, or injured, through the willful act, default, or neglect -of the publican, or any servant in his employ; or when such goods have -been deposited expressly for safe-keeping with mine host, who, in such -case, may require them to be placed in a box, or other receptacle, -fastened and sealed up by the guest.[187] In New York, the law is very -similar,[188] being to the effect that the hotel-keeper shall not be -liable for loss of money, jewels, ornaments, or valuables, when he shall -have provided a safe for the custody of such property, and shall have -posted a notice to that effect in the room occupied by the guest, and -the guest shall have neglected to deposit such property in the -safe.[189] So particular are the courts upon this point, that when the -landlord of the Old Ship Hotel, Brighton, England, unintentionally had -the notice misprinted, so that the little word _act_ was omitted in the -sentence, which should have been, (as I have just stated) ‘where such -property shall have been stolen, lost, or injured through the willful -act, default, or neglect of such innkeeper, or any servant in his -employ,’ the Court of Appeal held that, as the notice contained no -statement which admitted the continuance of the common-law liability for -goods or property stolen, lost, or injured through the willful act of -the innkeeper or his servant, the proprietor was not protected. But Lord -Cairns carefully said that he was not prepared to hold that the -omission, in good faith, of a word or two, not material to the sense and -to the operation of the statute, would have such a disastrous -effect.”[190] - -“My husband, remember - - ‘Brevity’s the soul of wit, - And tediousness the limbs and outward flourishes,’ - -and be brief. How can my poor brain hold all that you have said?” - -“Don’t be alarmed, my dear, there is doubtless plenty of room in your -brain yet. But I was going on to say that though there is a tendency in -these degenerate days to lessen the great responsibility once imposed -upon these publicans and sinners, and to insist upon greater care on the -part of the guests, still statutes limiting the common-law liability of -innkeepers should not be extended to include property not fairly within -the terms of the acts. Where, for instance, as in the New York act, -money, jewels, or ornaments are exempted, then all property of a -different kind, including all things useful and necessary for the -comfort and convenience of the guest--all things usually carried and -worn as part of the ordinary apparel and outfit, as well as all things -ordinarily used or suitable to be used by travelers in doors or out, are -left in _statu quo ante_ the statute.” - -“And what may that be?” asked Mrs. L. - -“At the risk of the innkeeper.”[191] - -“But would not a watch be considered a jewel or an ornament?” - -“The law is very watchful--” - -“Very watchful, indeed, when it has so many watch cases that it -considers pretty little Genevas neither jewels nor ornaments,” murmured -my wife _sotto voce_. - -“The law is very watchful,” I went on, “over benighted travelers, and -has decided that it is not;[192] nor is a watch and chain,[193] -although, by the way, the Wisconsin judges have decided that an -innkeeper is not liable for the loss of a silver or a gold watch not -handed over for safe keeping, their act speaking of articles of gold and -silver manufacture.[194] The exemption is intended to apply only to -such an amount of money and to such jewels and ornaments or valuables, -as the landlord himself, if a prudent person and traveling, would put in -a safe (if convenient) when retiring at night. No one, possessed of half -a grain of that scarce commodity, common sense, would suppose that it -was the intention of the act to exempt the hotel proprietors from their -old common-law liability, unless the traveler emptied his pockets of -every cent of money and deposited it, with his watch and pencil-case, in -the safe, for perchance he might want these identical articles ere sweet -sleep his eyelids closed.[195] If, however, the innkeeper has complied -with the requirements of the act, he is not liable for jewelry stolen -from the bedroom, even though the guest has not been guilty of -negligence, provided he has had time and opportunity to make the -deposit.[196] My old friend, Mrs. Rosenplanter, was terribly unfortunate -in this respect. In July, 1863, she and her worthy spouse were _en -route_ from Trenton Falls to Saratoga, and arrived at the Delavan House, -Albany, at three in the afternoon. As dinner was on the table, they at -once dressed and went to dine. In about twenty minutes they returned to -their room and found that in the meantime their trunk had been broken -open and $300 worth of jewelry taken out. My friend sued the proprietor, -but the court ungallantly considered that she had had sufficient time -and opportunity to make the deposit, (though she had not been there an -hour) and so could not recover; although the judge admitted that no -person, under such circumstances, would have been likely to have handed -over his valuables to the innkeeper, and that there must always be a -brief period after the arrival of a guest before he can make the -deposit, and that during those golden moments the statute affords the -publican no protection. And, by the way, I remember that in this case -the court seemed to think that if a guest, on retiring for the night, -removes a watch or jewelry from his person, or leaves money in his -pocket, and neglects to deposit the same in the safe, the hotel-keeper, -if he has complied with the act, is exempt from all liability in case of -loss.”[197] - -“You said,” remarked Mrs. Lawyer, whom the mysteries of the toilet had -revived, “you said that if the innkeeper put up his notice he would not -be liable to make good any loss of goods or property. Surely, if a watch -is neither an ornament nor a jewel, within the meaning of the act,[198] -it is goods or property, else it is not good for much.” - -“It is very questionable whether the words ‘goods or property’ include -the necessary baggage of a traveler, his watch or personal effects, or -such money as a man in his travels usually carries with him; in fact, -down South it was held that it did not comprehend baggage.”[199] - -“Well, what would you call baggage?” persisted my wife. “It would be -worth while knowing that, if an innkeeper is always responsible -therefor.” - -“Just wait until I comfortably settle myself, and I will dilate on that -fruitful topic until you are satisfied.” - -“What a base slanderer is Jules Verne,” said my spouse, as she daintily -nestled between the sheets. - -“What do you mean?” I asked. - -“Don’t you remember that he says that American beds rival marble or -granite tables for hardness. I am sure he never stopped at a good -hotel.” - -“Now for a Caudle lecture as to the baggage,” I said. “_Imprimis_, -whatever a traveler on this sublunary planet takes with him for his own -personal care and convenience, or even for his instruction and -amusement,[200] according to the habits and wants of the station of -society to which he belongs, either with reference to the immediate -necessities or the ultimate purpose of his wanderings, must be -considered personal luggage;[201] and the rules of law governing the -innkeeper’s liability for the safety of a guest’s baggage, are the same -as those which regulate the responsibility of common carriers as to a -passenger’s baggage.[202] Articles of jewelry, such as you would -usually wear, are baggage;[203] but not the jewels and regalia -of a society.[204] A watch,[205] except in Tennessee;[206] -finger-rings,[207] but not silver spoons,[208] come within the same -category. One man was allowed to have two gold chains, two gold rings, a -locket, and a silver pencil-case.”[209] - -“He must have been on his way to see his sweetheart, I fancy.” - -“Gold spectacles are baggage;[210] so are opera glasses,[211] a -silver-mounted pistol, even for a Southern lady,[212] duelling -pistols,[213] or a gun;[214] but not a colt.”[215] - -“A horse, then?” was facetiously queried. - -“Not even a hobby-horse.[216] Brushes and razors, pens and ink, are -baggage,[217] and perchance a present.[218] So are the manuscripts of a -student;[219] but not the pencil sketches of an artist;[220] on this -latter point, however, the doctors of the law disagree.[221] According -to one judge, a concertina, a flute, or a fiddle might pass muster; but -his fellows, however much music they had in themselves, determined not -to be moved with concord of sweet sounds, so they out-voted their -musical confrere.[222] Shakespeare saith, ‘Let no such man be trusted;’ -so, perchance, we must conclude that these judges were astray in their -law. In Pennsylvania, a journeyman carpenter may take his tools as -baggage,[223] though in Ontario he cannot,[224] any more than a -blacksmith can carry his forge, or a farmer his plow. Nor can a merchant -take his wares,[225] nor a commercial his samples,[226] nor a banker his -money,[227] nor a lawyer his papers,[228] though an M. D. may take his -surgical instruments;[229] nor may a seamstress carry her sewing -machine,[230] nor--Hark! - - “What strain is this that comes into the room, - At midnight, as if yonder gleaming light, - Which seems to wander like the moon, - Were seraph-freighted? Now it dies away - In a most far-off tremble, and is still; - Leaving a charmed silence. - Hark! one more dip of fingers in the wires! - One scarce-heard murmur struggling into sound, - And fading like a sunbeam from the ground, - Or gilded vanes of dimly visioned spires!” - -Here a fantasia on her nasal organ (which my wife always carried with -her, despite the decisions of anti-musical judges) vibrating -unmistakably through the chamber, dispelled the idea of heavenly -visitants, and informed me that my spouse had journeyed off to that land -of Nod, from whose bourn no baggage returns. Snoring, like yawning, is -infectious--sometimes; and this was one of the times. - - * * * * * - -“’Tis sweet to see the day dawn creeping gradual thro’ the sky,” and -feel that there is for one yet a little sleep, a little slumber, a -little folding of the hands to sleep; but even in the most fashionable -hotel the hour will at length come when one must shake off dull sloth -and burst the bonds of sleep, which at night are but as spider’s webs, -but in the morning have become even fetters of brass; and that miserable -hour came in time to me. - -When I went down stairs to examine the register to see who had arrived -during the night, I found some excitement existing around the office. On -inquiry, (and who except a German savant ever beheld a row, small or -great, without seeking to know the wherefore thereof,) I learned that a -gent had the day before given the clerk a pocket-book to keep, and that -it had been stolen out of the desk; the owner was demanding restitution, -dollar for dollar and cent for cent, if not eye for eye and tooth for -tooth. The landlord said that the man had been negligent in not telling -the clerk there was money in the book. - -“No, I wasn’t,” was the reply, “there was only $136 in it; and what but -money would you expect to be in a pocket-book--a tooth-pick?--a cigar? -I know that in Iowa an innkeeper had to cash up in a similar case,[231] -and I’ll make you do it if there is law or justice in this part of the -American eagle’s eyry.” - -“In Kentucky,” said a by-stander, who seemed to hail from that State, -“an hotel-keeper was held liable for the loss by robbery of pocket money -retained by a guest in his own possession.”[232] - -“And in Maryland,” said another Southerner, “it has been decided that a -traveler need not deposit in the office safe any money reasonably -necessary for his expenses that he may have with him.”[233] - -“Yes,” I said, “there are other cases, also, which appear to establish -the point that a sojourner at an hotel may keep in his pocket or in his -room money enough to pay his daily way, and that if his purse be -surreptitiously disposed of, the landlord must make good his loss;[234] -yet still there is a very late New York decision, where my friend Hyatt -found to his cost, that where a landlord provides a safe, and puts up -the usual notices about it, and the visitor chooses not to place his -money in it, the proprietor of the establishment is not responsible for -the loss of any of the cash, not even for what would be required for -the guest’s ordinary traveling expenses.”[235] - -“You speak of money enough for one’s daily wants and traveling expenses -being all that for which an innkeeper is liable,” said a gentleman who -had hitherto been a quiet listener. - -“Well, sir, I do not like to speak dogmatically, but it seems that the -tendency of some modern decisions is to hold that the innkeeper should -not be liable for any money beyond that amount, even though put in a -safe, unless a special contract has been made, or it has been actually -delivered to the proprietor or his servant, with notice not only of the -kind of property it was, but also of the amount. It is not sufficient to -mark a package ‘money,’ for it is argued that it would be highly unjust, -and not founded upon any principle on which an innkeeper’s liability -rests, for a traveler to bring into an inn, unobserved, any amount of -valuables, without notice to the innkeeper, and hold him responsible for -their safe keeping. There should be a restriction or qualification of -such liability, if it exists; and that must be a warning to the -innkeeper of the extra risk he is about to run.[236] But the Court of -Appeals in New York State takes a different view, and holds that if one -complies with the law, and deposits his money in the safe, the innkeeper -is liable for the full amount, irrespective of the question whether or -not it was all required for the purposes of the journey.[237] - -“And, I might add,” said my interlocutor, “the celebrated Story made no -exception, and seemed to consider it one of the A B C principles of law -that an innkeeper is liable for the loss of the money of his guest, -stolen from his room, as well as for his goods and chattels, and that -such liability extends to all the money of the guest placed within the -inn, and is not confined to such sums only as are necessary and designed -for ordinary traveling expenses.[238] Then, sir, our great Chancellor -Kent lays it down as admitting of no peradventure, that an innkeeper is -bound absolutely to keep safe the property of his guest within the inn, -whether he knows of it or not, and that his responsibility extends to -all his guest’s servants, and to all the goods, chattels, and moneys of -the guest, their safe custody being part of the contract to feed and -lodge for a suitable reward.[239] If you are not satisfied with the -words of these men--alike the pride and the ornament of America--let us -cross the ocean and hear what Sir Wm. Blackstone saith; he speaketh -after this wise: that an innkeeper’s negligence in suffering a robbery -of his guest is an implied consent to the robbery, and he must make good -the loss.[240] Then Lord Tenterden held that there was no distinction -between money and goods; and all the other judges of the court said -‘amen.’”[241] - -“Excuse my interrupting you in your interesting remarks,” said I. - -“Quite excusable, sir, for I am only speaking in the cause of right, and -because I think some judges are inclined to cut loose from the safe -moorings of the old common law, rendered dear to us by the adjudications -of the learned men of the Bench for generations past, both in the old -and new worlds; and I am satisfied that a contrary doctrine will be -terrible in its effects in this great commercial community of ours, -where our business men spend so large a portion of their time at inns in -pursuit of their calling.[242] But what were you going to say?” - -“Simply,” I remarked, “that in the case before Tenterden the amount lost -was only £50, and it was stated to have been kept to meet daily expenses -only. He said he could see no distinction in this respect between an -innkeeper and a carrier; and there are many cases to the effect that a -carrier will not be responsible for any money of a passenger except what -is needful for traveling purposes and personal use,[243] unless the loss -was occasioned by the gross negligence of the carrier.” - -“Well, other English judges have likewise held that an innkeeper’s -liability is not restricted merely to the guests’ travelling -expenses;[244] and if we recross the mighty ocean we find our judges in -firm accord with their confreres.”[245] - -“But,” I said, “but in one case the amount was only two hundred -dollars,[246] and in another it was but twenty-five dollars.[247] And in -still another case decided, as you say, although the cash lost was more -than sufficient to pay the expenses of the man from whom it was taken, -still it was not his own; he merely held it to pay others, who were -stopping at the same house, and were witnesses in a suit which the -money-holder was superintending, or to pay their expenses at the -inn.”[248] - -“On the other hand,” said the defender of the rights of the people, “in -a California hotel there was this notice: ‘Deposit your valuables and -money in the safe at the office;’ and a guest accordingly deposited a -large amount of gold dust and coin, which the proprietor received -without objection. Afterwards, the clerk was knocked down and the safe -robbed, it not being locked, and the publican was held liable for the -whole amount.[249] And where a man had stolen from his room a package of -jewelry, which the clerk had told him would be quite safe there, the -host was held liable, even in New York State.[250] And so, in Kentucky, -where a safe was robbed by a discharged clerk, although in this last -case the innkeeper had told the guest that he would not be responsible -for any money put in it.[251] It seems to me to be somewhat absurd that -the law should say that unless you deposit your money in the hotel safe -the proprietor will not be liable for its loss, and then when you have -placed it in the absolute and immediate control of the innkeeper, and, -perhaps, his dishonest servant, you should be met the next day, when -asking for your own, by the smirking and bowing proprietor, remarking, -_suaviter in modo_: ‘True, sir you gave me twenty thousand dollars for -safe-keeping, and I put it in my safe; but, like all riches, it has -taken to itself wings and flown away. However, my dear sir, here are one -hundred dollars to pay your expenses, and take you comfortably to your -journey’s end.’” - -“There appears to be something to be said on both sides,” I remarked, -wearying of the discussion from which all others, save my adversary and -myself, had long since fled; for when the time comes for my funeral -expenses to be incurred, no one will be able (whatever my readers may -think) to say of me, as they did of Lord Macaulay, - - ‘There was no pain like silence, no constraint - So dull as unanimity. He breathed - An atmosphere of argument, nor shrunk - From making, where he could not find, excuse - For controversial fight.’” - -“But I have the best of it,” said my antagonist. “It is a case of New -York State, like Athanasius, _contra mundum_.” - -“At all events, you will agree with me that an innkeeper will not be -liable for loss of his guest’s money when he has intrusted it to the -care of some one else on the premises in whom he reposes -confidence,”[252] I replied. - -“Certainly; and I remember a case where a man gave a bag of money to the -step-daughter of an innkeeper with whom he was particularly intimate, -having courted her in marriage, and the bag having disappeared, the -owner thereof got nothing.[253] And I trust that you will not deny that -the innkeeper is responsible, notwithstanding any notices up about -depositing in the safe, if the guest has not had time to get his -valuables put in there after his arrival.”[254] - -“Oh, yes; and he is liable for their loss after the visitor has taken -them out preparatory to his departure.”[255] - -Here two bows were exchanged, two backs turned, and four legs walked -off. - - - - -CHAPTER VI. - -FIRE, RATS, AND BURGLARS. - - -After a time, business called me in the direction in which the “tide of -empire rolls,” and we took a long, but by no means tedious or monotonous -journey, along that metal ribbon which, stretching from ocean to ocean, -unites the Atlantic to the Pacific. The train was well supplied with -saloon cars, balcony cars, restaurants, smoking cars, palace cars, and -sleeping cars. We encountered none of the adventures so graphically -described by the writer of the veracious history of Phineas Fogg; no -herd of ten thousand buffaloes delayed, no daring band of Sioux -attacked, our train; we had neither duel nor flying leap over bridges, -crashing down into abysmal depths. We ate, we drank, we slept, we -talked, we gazed; we gazed, we talked, we slept, we drank, we ate; and -that was all. - -At last we reached the wondrous “City of the West,” and beheld the -mighty waters of the Pacific throbbing upon the shores and along the -piers of San Francisco. To the Palace Hotel we drove, and there we took -up our quarters, glad enough to rest our brains, dizzied and dazed with -our flight across the continent. - -Refreshed by the quiet rest and needful repose of a long night’s sleep, -my wife insisted upon taking a stroll through the magnificent hotel in -which we were now quartered. - -“If there was a railway running along all the passages and corridors we -might manage to get round the Palace Hotel in a morning,” I said, “but -steam has not yet been introduced for that purpose. To be sure, there is -the pneumatic tube, but that is not quite large enough unless you are -willing to go without a pannier.” - -“How large is the house?” asked Mrs. Lawyer. - -“Why, it is three hundred and fifty feet long by two hundred and -seventy-five broad.” - -“Let us hurry, then; if it is so huge we have no time to lose,” was the -brave response. - -“Well, here’s an elevator,” I remarked. - -We stepped into one of the four passenger elevators, which are run by -hydraulic power. The motion was almost imperceptible, and rapid as the -downward flight of a swallow. The young gent in charge told us that it -could run from bottom to top and back again to bottom, through the whole -seven stories of the house, in ten seconds. - -On arriving on the ground floor we first inspected the grand court and -the rooms on either side, and then turned into one of the long -corridors, from which my wife insisted upon visiting the handsome -stores, opening off with their tempting wares. I left her making -purchases while I entered the barber’s saloon, and in one of the easiest -of patent adjustible chairs, by the deftest of tonsors, with the keenest -of razors, allowed myself to be shaved; for Mrs. L. loved not to see a -man with his nose projecting over a cascade of hair, and desired that my -face might preserve its human outline, instead of presenting--as she -sarcastically remarked--no distinction from the physiognomy of a bearded -owl or a Barbary ape. - -No fear of losing nose or cheek while in that place. But, after all, it -is not a sublime attitude for a man to sit, with lathered chin, thrown -backward, and have his nose made a handle of. To be shaved, however, is -the fashion of American respectability, and it is astonishing how -gravely men look at each other when they are all in the fashion. For the -benefit of those unfortunates who get gashed betimes beneath the -operator’s hand, I would say, that if a barber attempts to shave you he -must possess the necessary education and skill, and show the diligence -of an expert in that line, otherwise he will be liable for damages -sustained.[256] Of course if you suffer an inexperienced volunteer to -practice upon your chin and you come to grief, you have no remedy, -unless the amateur is guilty of gross negligence; but if one unskilled -in the art pushes himself forward and seizes you by the nasal -projection, to the exclusion of a professional, he is expected to use -the skill usually possessed by a master of the art.[257] In Illinois, it -would seem that if one renders his services free, gratis, and for -nothing, he will be only liable for gross negligence;[258] but the point -appears open to argument.[259] I presume that no one would be so foolish -as to suppose that a professor of the tonsorial art is bound to attend -to your hirsute appendages willy-nilly; but when he does take you in -hand he must carry the operation through without any sins of omission or -commission.[260] - -When I rejoined my wife, she asked to descend into the basement regions, -so down we went, and found bath-rooms and laundry-rooms, wine-rooms, -pantries, etc., in well nigh endless succession. - -“How many napkins do you use a day?” inquired Mrs. L. of the individual -whose duty it was to reside in a region of perpetual steam and damp. - -“About three thousand,” was the response; “and four hundred -table-cloths, if people are reasonably careful.” - -“I would like some things washed; how soon could you do them?” asked my -wife. - -“If they are large articles, you can have them back in your room in -fifteen minutes; if small, in seven minutes.” - -“That’s rather quick,” I remarked. - -“Well, sir, I have known a man to have his shirt washed while taking a -bath; and a handkerchief, sent down the tube dirty, was returned clean -during the time he was arranging his neck-tie, or parting his back -hair.” - -On we went, to the pantries, and saw the thousands and tens of thousands -of pieces of china and crockery, glass and cutlery. - -“A breakage occasionally would not matter much, among so many thousands -of pieces,” I remarked. - -“It would matter more to the man who broke the article than to the hotel -proprietor, I calculate,” responded the man in charge of this legion of -crockery and glassware. - -“Well, sir, that depends on how the breakage occurred. I take it that a -guest at an hotel is, with respect to the things that he uses, in the -same position as if he hired them--in fact he does hire them; and it is -well settled that every hirer of a chattel is bound to use the thing let -to him in a proper and reasonable manner, to take the same care of it -that a prudent and cautious man ordinarily takes of his own property, -and to return it to the owner at the proper time, in as good condition -as it was in when he got it, subject only to deterioration produced by -ordinary wear and tear, and reasonable use, and injuries caused by -accidents which have happened without any default or neglect on the part -of the hirer.[261] The owner must stand to all the ordinary risks to -which the chattel is naturally liable, but not to the risks occasioned -by negligence or want of ordinary care on the part of the hirer.[262] In -fact, as a late writer has very well put it, the hirer of a chattel is -in no sense an insurer, nor is he liable for _culpa levissima_, or that -apocryphal phrase of infinitesimal negligence which stands in antithesis -to the _diligentia diligentissima_ which the law does not, as a -continuous service, exact.”[263] - -As I paused, the man hastily remarked that he had no time to stop and -talk, and my wife, fearing that the subterranean air was affecting my -brain, said that we had better go up stairs; so, like the youth with the -strange device, “Excelsior” was our motto. - -“Take that box of matches,” said Mrs. Lawyer. “We may want them when off -picnicking.” - -“We had better not. They are left there for the purpose of lighting -cigars, and can only be taken in a limited manner. Taking them by the -boxful would be larceny, if the intent is felonious,”[264] I returned. - -“What a terrible place for a fire!” suggested my wife. - -“Yes,” I replied. “No fire would have the slightest chance here. What -with the huge reservoir supplied by artesian wells, the seven tanks on -the roof, the three large steam fire-pumps, the watchmen going their -constant rounds, and the thermostats in every room in the hotel, (which, -when the temperature is raised to 120°, cause a bell to be rung -continuously in the office, and show the number of the room affected in -the annunciator) a spark could scarce develop itself into a blaze before -its discovery.” - -“Well, but,” urged Mrs. Sawyer, “suppose, notwithstanding these -precautions, a fire did take place, and our baggage was destroyed, would -the landlord have to pay for it?” - -“I can only say, my dear, that on the other side of the continent, in -the State of Vermont, where a man sued to recover the value of a span of -horses, a set of double harness, two horse-blankets, and two halters, it -was decided by the court that an hotel-keeper is not liable for property -lost by fire where the conflagration is occasioned by unavoidable -casualty or superior force, without any negligence on his part or that -of his servants.[265] An English decision tends in the same -direction;[266] and in Michigan it was held that he was not liable for -the horses and wagons of a guest, burned in a barn, without his -negligence.[267] But the English decision has been questioned both here -and there,[268] and in New York it was considered that the liability of -a publican extended to the loss of goods by fire, (though the cause of -it was unknown) provided that the guest is free from all blame in the -matter.[269] In that State they have a law exempting landlords from -liability for the loss by fire of a guest’s goods in a barn or outhouse, -if it is shown that the damage is the work of an incendiary, and -occurred without negligence on their part; but the burden of proving -this is, of course, upon the innkeeper,[270] and my own humble opinion -is that an innkeeper is liable for all such losses unless they are -caused by a public enemy, or an act of God, (lightning, or an -earthquake) or the owner has been negligent.”[271] - - * * * * * - -“Heigh-ho!” sighed my wife, as, exhausted with her long tramp through -the mammoth house, she sank into a luxurious arm-chair on our return to -our own apartment, preparatory to an excursion through the city. “Look -at that horrid little thing!” she exclaimed the next instant, and -starting up with enough vehemence to frighten a lion, she scared away a -little mouse that had been nibbling at her reticule. “The little wretch! -see how it has spoilt my nice new satchel! It must have been the cakes -inside. Can I make the landlord give me a new one?” she avariciously -added. - -“Humph! I wish that some one had asked me that question who could afford -to pay me for a carefully considered opinion,” I replied. - -“Why can’t you tell me?” - -“Because I scarcely know what to say. The point seems open to argument. -I don’t remember any case where the depredations of mice have occupied -the attention of a court of law, although there have been several -decisions on the subject of rats.” - -“Well, and what were they?” exclaimed my wife, impatiently. “That a man -can keep the nasty things in his house, and let them damage the property -of his guests, and not pay for them?” - -“In one case where rats gnawed a hole in the bottom of a boat, and the -water, coming in at the leak, damaged goods on board, the owner of the -vessel was held liable for the performance of those rodents;[272] and in -another case, carriers were held responsible for their depredations on -board a ship, although there were cats and mangooses on board, and the -owners had availed themselves of the valuable services of the venerable -sire of the pretty rat-catcher’s daughter of Paddington Green.”[273] - -“But you stupid man, we are not on board ship,” said my amiable and -accomplished spouse. - -“And,” I replied, “that is exactly where the difficulty arises; for -where a man had a water-tank on the roof of his house, and the rats -gnawed through a leaden pipe so that water trickled down and injured the -goods of another fellow on the ground floor, the court held that the -owner of the establishment, who occupied the upper flat, was not -responsible--and Chief Baron Kelly remarked that it was absurd to -suppose that a duty lay on the landlord to exclude the possibility of -the entrance of rats from without.”[274] - -“That seems a very different view from that taken by the judges in the -other cases,” remarked Mrs. L. - -“Yes; but the Chief Baron said that the case of a ship was wholly -different--that it might be possible to insure freedom from rats in a -ship, but that it was impossible to say that this could be done with -respect to warehouses generally,[275] and another judge remarked that a -landlord could not be considered negligent if he omitted taking means to -get rid of these pests till there was reason to suppose they were in the -building.”[276] - -“Never mind what others considered and thought and said--what do you -think?” - -“I think that perhaps the rule would apply that if a man permits an -animal to remain in his possession he becomes liable for the mischief it -commits.”[277] - -“Do you know what I think?” queried my wife. - -“No, my dear.” - -“That we had better go to lunch.” - - * * * * * - -As we were quietly sleeping the sleep of the wearied just that night, I -was aroused by a noise at our window. In a moment or two it was opened, -and then a man stealthily entered the room. I had not time to ask him -what he wanted, for at the first sound of my voice he was off as quickly -as if he had heard the click of a pistol. I made the window secure, and -again entered dream-land. In the morning, as we donned the attire which -Adam’s transgression has rendered necessary, my wife and myself -conversed on the subject of the liability of an hotel-keeper for losses -occurring to his guests from burglary. - -“In Vermont, my dear,” I said, “it has been held that if the proprietor -could show that the burglarious entry was under circumstances that -absolved him from all blame, he would not be liable.[278] But that -doctrine is not now followed.”[279] - -“And what do the judges now say?” - -“It was decided in this sunset State that although the point may be -somewhat unsettled, yet still the true idea is to hold that innkeepers, -like common carriers, are insurers of the property committed to their -charge, and are bound to make restitution for any injury or loss not -caused by the act of the Almighty, nor by a common enemy, nor by the -neglect or default of the owner.”[280] - -A fresh topic of conversation here suggesting itself to the active brain -of Mrs. L., she launched out upon it _con amore_. - -I found afterwards that I had not been the only object of the burglar’s -attentions, for as I was sauntering along one of the corridors of the -hotel I was accosted thus: - -“I say, you walking digest of the law of inns and innkeepers, what’s the -consequence if a guest is a little careless and loses his valuables?” - -This question was familiarly put to me (that is, put in a way that -evinced no intention on the part of the speaker of paying for the -information sought) by an old friend, with whom I occasionally conversed -on legal topics, and from whom carelessness and negligence were as -inseparable as Apollo and his golden bow, or Orpheus and his tuneful -lyre. - -“The same old Story, to whom I have often alluded in my professional -talks with you, says[281] that negligence may be ordinary, or less than -ordinary, or more than ordinary; and that ordinary negligence may be -defined to be want of ordinary diligence, and gross negligence to be -want of slight diligence. Although some English judges have said that -they can see no difference between negligence and gross negligence; that -it is the same thing with the addition of a vituperative epithet.[282] -Of what kind of negligence have you been guilty, and what has happened?” - -“I did not say that I had been doing anything. But suppose that a fellow -had some money in his portmanteau and left it in the hall of the hotel -with the other baggage, and didn’t say anything about it to the -landlord, and it disappeared.” - -“Well, sir, in such a case I should say that a jury would be warranted -in finding that the individual referred to had been guilty of gross -negligence, and that the hotel-keeper was exonerated through his -imprudence in thus exposing his goods to peril.”[283] - -“I had some such idea floating through my own cranium.” - -“’Tis a pity that your brain is in such a liquid state. I remember a -case of a man of the name of Armistead, a commercial traveler, who, -while at an hotel, placed his box in the commercial room, as was the -wont of those who visited the house. The box had money in it, and was -left there for three nights. Twice or thrice, in the presence of several -on-lookers, Armistead opened the trunk and counted his change. The lock -was so bad that any one could unfasten it without a key by simply -pushing back the bolt. The money leaked away mysteriously, and Armistead -sued the landlord to recover it, but the judge who tried the case told -the jury that gross negligence on the part of the guest would relieve -the host from his common-law liability; and when the matter came up -before the court it was held that the jury had done right in finding the -traveler had been guilty of such gross negligence as to excuse his -landlord from liability for the money. Lord Campbell remarked that the -judge would have been astray had he said that in all cases a box should -be taken to the guest’s bedroom, and he doubted whether, in order to -absolve the innkeeper, there must be _crassa negligentia_ on the part of -the guest.”[284] - -“That’s the law, is it?” - -“A still more recent case settled the question as to the amount of -negligence that would bind the owner of the goods. In deciding it, -Earle, J., said that he thought that the rule of law resulting from all -the authorities was, that in a case like the one he was considering the -goods always remained under the charge of the innkeeper and the -protection of the inn, so as to make the landlord liable as for breach -of duty, unless the negligence of the guest occasions the loss, in such -a way as that it would not have happened if the guest had used the -ordinary care that a prudent man might reasonably have been expected to -take under the circumstances;[285] and the same rule seems to hold good -on this side of the Atlantic.”[286] - -“If a friend bags your baggage,” inquired the searcher after cheap -knowledge, “at an hotel, and marches off with it, could you compel the -proprietor of the establishment to make good your loss?” - -“It was decided not, in Illinois, where one had allowed his chum to -exercise acts of ownership over his trunk;[287] and long ago it was -held, in the old land, that if a landlord tells a guest, on his arrival, -that he has no room, the house being full, and his words are veritable -truth, and yet the guest insists upon being admitted, saying that he -will shift for himself, or if he go and share the apartment of another, -without the consent of the proprietor or his servants, the host is not -responsible for his traps, unless the sufferer can show that the goods -were actually stolen or lost through the negligence of the innkeeper or -his servants.[288] But an innkeeper can’t shirk his liability because -his house is full of parcels, if the owner is stopping at the -house.”[289] - -“To tell you, then, what really did happen to me: I got in here late -last night, and after entering my name at the office, pulled out my -purse and paid the cabby; I then went to my room, and being very tired, -tumbled out of my clothes as rapidly as nature and art would permit me, -put them on a chair near the bed, and was soon among the flowery meads -of dream-land. This morning, lo and behold! the purse which I had left -in my pocket was gone, some villain having, while I slept, entered the -room by the door, which I had omitted to fasten. Now, then, what are my -rights and remedies in the premises?” asked my friend. - -“In the days when the Virgin Queen, Elizabeth, ruled the benighted land -of our ancestors, and trifled with the affections of subject, prince, -king, czar, and Cæsar, the whole Court of Queen’s Bench decided that an -innkeeper was bound by law to keep the goods and chattels of his guests, -without any stealing or purloining, and that it was no excuse for him to -say that he delivered to the guest the key of his bed-room, and that he -(the guest) had left the door open, (that is, I presume, unlocked);[290] -for that he, the landlord, is responsible for their safety, even in the -bed-room, and that even though the poor publican never knew that his -visitor had any property with him, and was entirely ignorant of the -depredation. Unless, indeed, the thief was the guest’s servant or -friend, or the proprietor had required the guest to place his goods in a -particular chamber, under lock and key, saying that then he would -warrant their safety, otherwise not, and the man had foolishly neglected -the advice.”[291] - -“Ah, well! then I am all right.” - -“Kindly refrain from forming a definite opinion until you are in full -possession of the whole law on the subject. I know that it has been held -again and again, in England, that a guest is not bound to either fasten -or lock his door.[292] In a very late case Lord Chancellor Cairns -remarked that he would be sorry to say any single word implying that -there is any rule of law as to this;[293] and our own authorities seem -to be in unison with the English decisions.[294] But perhaps you may -have heard the remark that circumstances alter cases.” - -“I must confess the maxim has a ring not altogether novel to my ears.” - -“I may say that it is particularly true in legal matters; and sometimes -it is incumbent on a guest to fasten his door.[295] For example, a -commercial traveler obtained a private room wherein to exhibit his goods -to his customers. Clements, the landlord, told him to lock the door. -This the man neglected to do, although while showing his samples a -stranger had twice popped his phiz into the room. The court considered -that the traveler by his own act had absolved Clements from his -liability, and that he must hear his loss as philosophically as -possible.”[296] - -“Did the occupants of the bench state the why and the wherefore?” - -“Yes; and it was partly on the ground that the hotel-keeper was not -bound to extend the same protection to goods placed in a room for the -purposes of trade as to those in an ordinary chamber. (You know the -liability is only as to baggage; it extends not to merchandise.)[297] -And further, that circumstances of suspicion had arisen which should -have put the guest on his guard; that after the vision of the strange -head it became his duty, in whatever room he might be, to use at least -ordinary diligence, and particularly so as he was occupying the -apartment for a special purpose. For though, in general, a traveler who -resorts to an inn may rest upon the protection which the law casts -around him, yet, if circumstances of suspicion arise, he must exercise -at least ordinary care.”[298] - -“But,” said my companion, “I had no head to warn me--not even -Banquo-like did any ‘horrible shadow, unreal mockery’ appear, to place -me on my guard.” - -“A case occurred at Bristol, in England, which may, perchance, put the -matter to you in a clear light. A man of foreign extraction, Oppenheim -by name, went to the White Lion Hotel. While in a public room he took -from his pocket a canvas bag, containing twenty-two gold sovereigns, -some silver, and a £5 note, and extracted therefrom a tanner--” - -“A what?” - -“A six-penny bit--to pay for some stamps. Shortly afterwards he retired -for the night to a room in an upper story; the door had both lock and -bolt; the window looked on to a balcony. The chambermaid told him that -the window was open, but said nothing about the door. He closed the -latter, but did not lock it or bolt it; left the window open, and placed -his clothes, with the money in a pocket, on a chair at his bedside. -During the night some one entered by the door and removed the bag -without first removing the money from it. Of course Oppenheim sued the -hotel company, and had the pleasure of hearing the judge tell the jury -that they should consider whether the loss would or would not have -happened if O. had used the ordinary care which a prudent man might -reasonably be expected to have used under the circumstances.” - -“And the jury said what?” - -“Why, they said the hotel company were not liable; and the Court of -Common Pleas, at Westminister, said that the judge had put the law -correctly, and that the jury had done their duty.” - -“But then the guest had been guilty of other acts of negligence besides -leaving his door unlocked; he showed his purse--” - -“_Et tu Brute!_” I remarked. - -“I forgot,” was the confession. - -“The whole facts of the case must be looked at; and the judges thought -there was evidence of negligence on Oppenheim’s part which contributed -to the loss. One of my Lords said that he agreed in the opinion that -there is no obligation on a guest at an inn to lock his bedroom door; -but the fact of the guest having the means of securing himself and -choosing not to use them is one which, with the other circumstances of -the case, should be left to the jury. The weight of it must, of course, -depend upon the state of society at the time and place; what would be -prudent at a small hotel in a small town might be the extreme of -imprudence at a large hotel in a city like Bristol, where probably three -hundred bedrooms were occupied by people of all sorts.[299] And one of -the other judges remarked that Lord Coke, in the case to which I first -referred,[300] only meant that an hotel-keeper could not get rid of his -liability by merely handing his guest a key, and that he by no means -laid it down that a guest might not be guilty of negligence in -abstaining from using it.”[301] - -“Well, what am I to do?” - -“Do! Why let the past bury the past, and in future remember three golden -rules whenever you are at an hotel. First, under any circumstances lock -your bedroom door when you retire for the night. Secondly, do not -display your cash in public places; and, Thirdly, consider whether there -are not special circumstances calling for special caution on your part, -and if there are, act accordingly. But you have not told me yet how much -you lost.” - -“Only $2; but it is the principle involved that I look at.” - -“You rascal! if I had known that it was such a paltry sum, I would not -have taken the trouble to tell you all that I have.” - - - - -CHAPTER VII. - -HORSES AND STABLES. - - -Time passed, and back to the East we had come. On a certain day my wife -and myself, together with a couple of friends, yclept Mr. and Mrs. De -Gex, engaged a carriage and pair to take us some twenty or thirty miles -into the country to see some wonderful sights--what they were is quite -immaterial at this late date. A pleasant drive and charming day we had. -The night we were to spend at a little village inn. - -The mistress of the small establishment received us right warmly, so -that a perfect glow of pleasure pervaded one’s inner man. - -“Ah,” said Mrs. De Gex, who was inclined towards sentimentalism, “how -true are the words of the poet! - - ‘Whoe’er has traveled life’s dull round, - Where’er his stages may have been, - May sigh to think that he has found - His warmest welcome at an inn.’” - -The innkeeper told our driver to leave the carriage outside on the road. -One of the party asked if that would be safe. - -“If it is not,” I replied, “Boniface is responsible, for I remember -that, in England, a man drove up to an inn on a fair day and asked the -landlord if he had room for the horse, and a servant of the -establishment put it into the stable, while the traveler took his coat -and whip into the house, where he got some refreshment. The hostler -placed the gig in the open street, (outside the inn-yard) where he was -accustomed to leave the carriages of guests. The gig having been stolen, -the publican was held liable.”[302] - -“That seems rather hard, when, perhaps, the yard was full,” some one -remarked. - -“The landlord was not bound to receive the gig if he had not sufficient -accommodation for it. The guest did not know whether there was room or -not; and as the hostler took the horse, he had a right to assume that -there was. If the proprietor had wished to protect himself he should -have told the traveler that he had no room in the yard, and that he -would have to put the gig in the street, where, however, he would not be -liable for it. He did not do so, and had to bear the penalty.[303] And -it has been held in this country that an innkeeper would be responsible -in the same way where a guest’s servant had placed his master’s property -in an open, uninclosed space, by the direction of the hostler, and upon -being assured that it would be quite safe there.”[304] - -“Mr. Justice Story once said that in the country towns of America it is -very common to leave chaises and carriages at inns under open sheds all -night, and also to leave stable doors open and unlocked; and that if, -under those circumstances, a horse or a chaise should be stolen, it -would deserve consideration how far the innkeeper would be liable,”[305] -said Mr. De Gex, my companion, who had looked inside a law-book or two. - -“I fancy it has been considered,” I replied, “and the innkeeper has met -with little consideration, and is held bound to protect the property of -those whom he receives as his guests. In one instance, the driver put -his loaded sleigh in the wagon-house of the inn, where such things were -usually placed; and the doors of the shed having been broken open and -property stolen, the landlord was held bound to make good the loss, -without loss of time.[306] But Dr. Theophilus Parsons, who knows -something of these matters, says that if a horse or carriage is put in -an open shed with the owner’s consent or by his direction, the innkeeper -will not be liable for their loss, and that where this is usually done -and the owner of the horse knows the custom and gives no particular -instructions, it may be presumed that he consented and took the risk -upon himself.”[307] - -“Suppose we inspect the stable and see what accommodation there is for -our equine friends.” We entered. “Rather risky place to put two city -horses in,” De Gex continued. “Look at the flooring. A nag of any -spirit, not accustomed to the place, might kick through it and break its -leg.” - -“Well,” I said, “the innkeeper is bound to provide safe stabling for the -horses of his guest, and if any evil betide the animals from being -improperly tied, or the stalls being in bad repair, full compensation -may be recovered.[308] He is responsible from the moment he receives the -quadrupeds until they leave; even after the owner has paid his bill and -his man is harnessing them to go;[309] and, as a rule, the statutory -laws limiting the liability of hotel-keepers do not apply to horses or -carriages.” - -“Your view is the one a lawyer (a man without a heart) might take of it, -but a merciful man is merciful to his beast and does not like to run the -chance of its being killed.” - -“The tavern-keeper’s liability extends even to the death of the animals -in his care,”[310] I remarked. - -“Still, one should himself exercise reasonable care and caution,” -returned De Gex. “I remember a gentleman, who kept his horse at an inn, -rode out one evening and on returning himself took it into the stable -and tied it up in the stall in which it had usually been kept. The next -morning the horse was found dead in the same stall, its head wedged fast -in the trough, which was made of a hollow beech log having a bulge in -the middle, thus rendering that part wider than the top. The poor beast -had evidently killed itself in trying to extricate its head. The owner -brought an action against the publican, but had to bear the loss, not -only of his horse but also of the suit.”[311] - -“Yet I know that where a horse had been choked to death by its halter, -and it was proved that it was tied under the superintendence and -direction of the owner himself, and in reply the owner proved that the -stall in which it had been was in very bad condition, it was held that -the innkeeper could not give further evidence.[312] And when another -innkeeper agreed with the owner of a horse to entertain the man in -charge one day in every week, or oftener if he should chance to stop at -the inn with the horse, furnish the latter with provender and allow it -to be kept in a particular stall: no one but the man in charge took care -of the horse; yet on its being injured in its stall, the innkeeper was -held answerable.”[313] - -“And look, besides, there are no proper partitions between the stalls,” -said my friend, “and some other nag might kick one of ours; and you know -that it was decided in the old country that under such circumstances the -publican would not be liable for the injuries so inflicted, unless it -could be proved that he did not take due and proper care in excluding -vicious and kicking horses.”[314] - -“Hah!” I exclaimed. “But that case has since been doubted, and it can -scarcely be accepted as good law.[315] Well, what shall we do?” - -“Let’s tell them to turn the nags into the field,” said De Gex. - -“If you do, and they are lost, stolen or injured, we cannot look to our -host for recompense, unless Master Boniface himself be guilty of -negligence, as by putting them in a field where pits or ditches abound -or fences and gates are broken or open. If, however, he should put them -into the pasture of his own accord, he would be answerable;[316] for -then the field would be considered as part of the inn premises. Although -Story thinks that the latter rule should be qualified, as it is such a -common custom in America in the summer time to put horses in a pasture, -he says the implied consent of the guest may fairly be presumed, if he -knows the practice.”[317] - -“Well, let us send them over to the other house, where the stabling -appears better, while we ourselves lodge here,” again suggested Mr. De -G. - -“That might do,” I made answer; “for an innkeeper is bound to receive a -horse, even though the owner chooses to go elsewhere.[318] And it is -clearly settled that in the eyes of the law a man becomes a guest at a -place of public entertainment by having his horse there, though he -himself neither lodges nor takes refreshments there.”[319] - -“But I thought that an innkeeper was not bound to take the goods of a -man who merely wishes to use the house as a place of deposit;[320] nor -liable for things so left there, except as an ordinary bailee.”[321] - -“Oh, that rule only applies to dead things out of which the man can make -no profit; but with animals the innkeeper is chargeable, because he -makes something out of keeping them. And, as I said, it has been -frequently held that he is liable for the loss of a horse, although its -owner puts up at a different place. But there is some doubt.”[322] - -“Will he also be liable for the carriage?” asked my companion. - -“Yes, and for the harness as well; for the compensation paid for the -horses will extend the host’s responsibility to such articles. And the -owner will be able to sue for damages if anything happens to our nags, -although they have been hired by us.[323] If a servant brings his -master’s horse to an inn, and while there it is stolen, of course the -master can sue the innkeeper;[324] and for all such legal purposes the -hirer of goods will be deemed the owner’s servant.” - -“Suppose a horse-thief stops at an inn and there loses his prize, can -the owner then sue the landlord?” - -“No; he must, under those trying circumstances, look simply to the -person who first deprived him of his faithful nag,”[325] I replied. - -“The other innkeeper may charge pretty well for the horses, if we stay -here ourselves,” suggested De Gex. - -“In the good old days of yore he could not have done that, for -innkeepers were bound to ask only a reasonable price, to be calculated -according to the rates of the adjoining market, without getting anything -for litter;[326] and if they made a gross overcharge, the guests had -only to tender a reasonable sum, and have them indicted and fined for -extortion.[327] But I fear me those halcyon days have passed. Do you -know that if a man is beaten at an inn the proprietor is not answerable, -although if the man’s horse should be so treated, even if it were not -known who did it, the publican will be liable?”[328] - -“That is queer law. Why is it?” - -“Because in ages long since gone by an innkeeper’s liability was -confined to one’s _bona et catalla_, and injury to a man is not damage -to his _bona et catalla_.” - -“Well, I am sure I don’t see what would damage his ‘bones and -cartilage,’ if a good beating did not. Let us join the ladies.” - -“I think we had better, after that atrocious attempt at a pun,” I -replied. “Well said the Autocrat of the Breakfast Table, ‘a pun is -_prima facie_ an insult to the person you are talking with. It implies -utter indifference to, or sublime contempt for, his remarks, no matter -how serious.’” - -We found our better halves had gone out for a walk. Knowing that their -feminine curiosity would soon bring them to a standstill we started in -pursuit, and speedily came up with them as they stood gazing at some -rose bushes in a pretty flower garden. - -“Did you ever see such bea-u-ti-ful roses?” screamed Mrs. De Gex, whose -voice, when pitched in a high key, was as melodious as a peacock’s. - -“And so many!” added Mrs. Lawyer. - -“I am somewhat a believer in the doctrine of metempsychosis,” said Mr. -De Gex. - -“What has such a horrid thing to do with roses?” asked his wife. - -“Merely that, if it be true, I may have seen finer and more numerous -flowers long, long ago.” - -“Explain,” I exclaimed. - -“Well, when in another form I may, at the beginning of the Christian -era, have been present at the regatta near lovely Baiæ and seen the -whole surface of the Lucrine Sea strewn with these flowers, according to -custom; or I may have been present at some of old Nero’s banquetings, -when he caused showers of rose-leaves to be rained down upon the -assembled guests; or, in fact, I may have been at Heliogabalus’ dinner -party, when such heaps of these same flowers were flung over the -revelers that several were smothered to death. That frail beauty, -Cleopatra, was wont to spend immense sums on roses, and at one -entertainment, that she gave in honor of her friend Anthony, she had the -whole floor covered more than a yard deep.” - -“How delightful!” chorused the ladies. - -“The Sybarites used to sleep upon beds stuffed with rose-leaves. That -old tyrant Dionysius, at his revels, constantly reclined on a couch -made of the blossoms. Verres, with whom Cicero had the tussle, was -accustomed to travel through his province reclining gracefully on a -mattrass full of them; and not content with this, he had a wreath of -roses round his head and another around his neck, with leaves -intertwined. And Antiochus, when he wanted to be uncommonly luxurious, -would sleep in a tent of gold and silver upon a bed of these flowers.” - -“Did they indulge in attar?” - -“I cannot say, but at his parties, Nero--that champion fiddler of -Rome--would have his fountains flinging up rose-water; and while the -jets were pouring out the fragrant liquid, white rose-leaves were on the -ground, in the cushions on which the guests lay, hanging in garlands on -their noble brows, and in wreaths around their necks. The _couleur de -rose_ pervaded the dinner itself, and a rose pudding challenged the -appetites of the guests, while, to assist digestion, they indulged in -rose wine. Heliogabalus was so fond of this wine that he used to bathe -in it.” - -“What a waste!” said my wife. - -“Whose? That girl’s?” I asked. - -“You horrid man!” returned my wife. “But I know you pretend to dislike -roses.” - -“Yes,” I said, “if metempsychosis is correct, I must have been killed -two or three times during the Wars of the Roses. I believe, with the -ancient Aztecs, that sin and sorrow came into the world through the -first woman plucking a forbidden rose.” - -“He is, perhaps, not quite so bad as the lady who had such a strong -antipathy to this queen of flowers that she actually fainted when her -lover approached her wearing an artificial one in his button-hole; nor -as good Queen Bess’s lady-in-waiting, who disliked the flower so much -that her cheek actually blistered when a white one was placed upon it as -she slept. He is most like Tostig of old,” continued my wife. - - “He cannot smell a rose but pricks his nose - Against the thorn and rails against the rose.” - -Our position changed and so did the subject. - - * * * * * - -The next day when we went over for our horses we found a most -interesting discussion going on between the landlord and a man of a -class somewhat too common in these hard times, an impecunious lawyer, -concerning the right of the former to detain the horse of the latter for -the hotel bill of the owner. - -“You can’t do it,” said the poverty-stricken disciple of Coke. “No -innkeeper can detain the other goods and chattels of a guest for payment -of the expenses of a horse, nor a horse for the expenses of the guest. -You can only keep my horse for the price of its own meat, and that has -been paid for.[329] If a man brought several horses to your old inn, -each one could be detained only for its own keep, and not for that of -the others; and if you let the owner take away all but one, you could -not keep that one until your whole bill was paid, but you would have to -give it up on tender of the amount due for its keep.[330] Hullo!” he -added, as he saw me, “here’s a gentleman who knows all about such -things. “Is not what I state correct?” he coolly asked. - -“Certainly,” I said, turning to the landlord. “Mr. Blackstone’s law is -better than his pay; though, perhaps, Mr. Story may be said to doubt his -last statement.”[331] - -“But,” said Boniface, a short, fat man, made without any apparent neck -at all--only head and shoulders like a codfish--“but the rascal did not -pay me for the last time he put up his old beast here, and I’ll keep it -now till I am paid or till it dies, which latter event will probably -happen first to such a bag of bones.” - -“You can’t do that, old boy,” said Mr. B., delightedly. - -“He is right again,” I replied. “If you let a guest take away his horse, -unless, indeed, he merely takes it out for exercise, day by day, _animo -revertendi_,[332] it amounts to giving him credit and a relinquishment -of your right of lien, so that you can’t afterwards retake it. And even -if the man was to come back and run up another account for the keep of -his horse, although you might detain it for the latter debt, you could -not for the former.”[333] - -“But have I no lien upon the horse of a guest? Besides, I did not let -him take it away. He went off with it at daybreak, before any one was -up, the villain,” said mine host, waxing more and more wrathy as the -thought of past grievances recurred to him. - -“He, he, he!” laughed B. “You might have retaken it if you had been spry -enough, and then you might have kept it; but now it’s too late, too -late, too late, as the song says.”[334] - -“Exactly so,” I added. “Of course, my dear sir, there is little doubt -but what you have a right to detain a horse, brought to you by a -traveler, for its keep.[335] And if you kept that old nag you would have -a perfect right to continue to charge for the food supplied from day to -day, while it remained in your possession, and that although Mr. B. -distinctly told you that he would not be responsible for anything -supplied to his horse; because otherwise your security would soon be -reduced to the value of an old hide and bones.[336] But then _cui -bono_?” - -“What’s that?” asked the astonished innkeeper. - -“I mean, what would you gain by the additional outlay of good fodder?” I -explained. - -“Why, I would make the old thing work!” replied the man. - -“No, indeed!” said Blackstone. “You would have no right to ride on my -horse, or use him for your own benefit in any way.”[337] - -“You would have no more right to use it for your own pleasure and -benefit than a man who distrains a cow for rent has to enjoy the fruits -of her ruminations. You could only ride the horse for the purpose of -preserving its health by proper exercise,”[338] I remarked. - -“I am dashed if I’d do that,” cried the publican, waxing fierce. - -“You would have to do it,”[339] shrieked Blackstone, triumphantly. - -“Well,” then roared the master of the establishment, “I’d sell the -blamed thing quick enough.” - -“If you did you would get yourself into hot water, and have to pay me -the full value of the beast; for an innkeeper can’t sell a horse he -detains for its board without the consent of the owner.[340] Ho! ho! -ho!” laughed the little rascal. - -The poor landlord looked at me with such a despairing glance--a look of -a dying duck in a thunder-storm--that I could scarce restrain my risible -faculties as I remarked: - -“I am afraid your adversary is correct, and not even if a horse were to -eat its head off could you sell it, unless you chanced to live in London -or Exeter. Your only remedy would be to sue for the price of the food, -get judgment, and then sell.[341] You cannot sell a right of lien, or -transfer the property, without losing your right and rendering yourself -liable to an action. One must proceed by suit.”[342] - -The landlord turned to the rascally attorney, and shaking his fist at -him, exclaimed: “Get out, and if ever you darken my door again--look -out!” - -“Keep cool, sir, keep cool, the day is warm. Don’t shake your fist in my -face, sir. It is not the first time I’ve done the old chap,” added my -unworthy confrere, turning to us with a look of importance; “and it will -not be the last, unless I’ve read law for naught.” - -“How did you take him in before?” I queried. - -“Well, some years ago I was hard up--not the first, perhaps not the last -time I have been in that state--and I knew not how to get my team fed -for a week or two. So, believing that money had a considerable influence -with our friend here, I got a chap to run off with my ponies, bring them -here, and throw out some hints that it would be all right in a pecuniary -point of view if they could be kept in the stable for a few days until -the affair blew over. All went merry as a marriage bell. I advertised -for horses lost, stolen, or strayed, and after some three weeks happened -here and quite accidentally, you know, found my span. Of course mine -host wanted pretty good pay, but I talked to him like a father; told -him that I knew that if a traveler brings to an inn the horse of a third -person, the innkeeper has a perfect right to detain it for its keep; -that of course he was not bound to inquire whose horse it was;[343] that -that highly estimable and worthy occupant of the bench in days that are -no more, I mean Judge Coleridge, said that with reference to an -innkeeper’s lien there was no difference between the goods of a guest -and those of a third person brought by a guest.[344] This pleased the -old rascal. Then I pleaded poverty, but Shylock was unmoved; then I -assumed an appearance of anger at his keeping my horses and went away.” - -“But how did that help you?” I asked impatiently, growing weary of a -story that was long enough for the ears of an antediluvian patriarch. - -“Oh, I had not left the worthy’s house five minutes before I happened, -quite accidentally, you know, to meet the man who had taken the horses. -Back we came. Boniface admitted that he was the one who had brought my -ponies to the inn. Then said I: ‘Sir, this man has confessed that he -told you that he did not own the horses, that he had stolen them; you, -therefore, became a party to his crime and have no right to keep my -horses any longer for their charges. See--here is the law;’ and I showed -him Oliphant on Horses, page 129;[345] and the fellow at once caved in. -Ta-ta, Mr. Lawyer.” - -And so off went the man to practice his knaveries and trickeries on some -other unfortunate members of the _genus homo_. The only consolation of a -virtuous man is that - - “Doubtless the pleasure is as great - Of being cheated as to cheat.” - -“Well,” said my friend, who had all this time been standing by, a silent -but not an unbenefited listener, “Well, it strikes me that the law -concerning innkeepers and horses needs what Lord Dundreary thought the -country did, that is to say, namely, to wit, improving!” - -“True for you,” I replied. “For instance, until recently it was doubtful -whether an innkeeper who detains a horse as a pledge for its keep, can -detain also the saddle and bridle, or even the halter which fastens it -to the stall.[346] And where a man stopped with his horse at an inn -under suspicious circumstances, and the police ordered the innkeeper to -retain the animal, it was held that the poor landlord had no lien.[347] -And if a neighbor leaves his nag with an innkeeper to be fed and kept, -allowing him to use it at his pleasure, and a creditor of the owner -seize it for a debt, the poor publican has no lien for the animal’s -keep;[348] nor would he have, where he boards the horses of a stage -line, under a special agreement.”[349] - -“What about a livery-stable keeper?” asked De Gex. - -“Down in Georgia, it was held that he had a right of lien on horses and -buggies left in his keeping;[350] but everywhere else, it is considered -that he has no such lien, for the contract with him is that the owner is -to have the horse whenever required;[351] and the claim of a lien would -be inconsistent with the necessary enjoyment of the property.”[352] - -“Suppose the livery man pays out money to a vet. for advice?” - -“That would make no difference.[353] But if a man who is both an -innkeeper and a livery-stable keeper receives a horse, and does not say -he takes it in the latter capacity, he has all the responsibilities of -an innkeeper, as well as all his privileges.[354] On the other hand, if -an innkeeper receives horses and carriages on livery, the fact that the -owner on a subsequent day takes refreshment at the inn will not give the -innkeeper an innkeeper’s rights.[355] I was almost forgetting to say -that even a livery-stable keeper may have a lien by express -agreement;[356] and if he exercises any labor or trouble in the -improvement of the animals, he will have a lien for his charges.[357] - -“Well, I rather fancy that the ladies will think we have not almost, but -altogether, forgotten them, and intend to pass another night here. Let -us be off.” - - - - -CHAPTER VIII. - -WHAT IS A LIEN? - - -As we turned to leave the premises to hasten back to our respective -wives, leaving our Jehu to bring the carriage and horses, we were -accosted by a most dilapidated specimen of the genus “seedy,” who -appeared to be a kind of stable-boy or hostler not overstocked with -brains. Judging from a cursory glance, his pants had parted in -irreconcilable anger from his boots, and had cautiously shrunk well up -to the knees--as if apprehensive of a kick from the big toe which was -well enough to be outside the remains of the boots; here and there -patches of bare skin peeped out through his tattered set-upons, as if -pleased to see daylight and have a little fresh air. Yet of such varied -hues were they, that the most profound ethnologist would be perplexed to -decide whether the man should be classed among the Caucasian, Mongolian, -Malay, Indian, or Negro race, or whether he was a hybrid compound of all -five. His coat, in colors, would have rivaled Joseph’s, and made the -teeth of his naughty brethren water with tenfold jealousy. His hat might -have for generations been used in winter to exclude the rains and snows -from a broken window, in summer for the breeding place of barn-door -fowls. The countenance of this tatterdemalion seemed as empty as his -pockets, and his brain as disordered as his long yellow hair; his -breath as alcoholic as the store-room of a distillery; his _tout -ensemble_ anything but suggestive of the “is he not a man and a brother” -sentiment. - -In piteous tones this wreck of what, perchance, was once a mother’s -darling, a father’s pride, asked: - -“Be you a liyur, sur?” - -“Yes. What do you want?” I returned. - -“Well, sur, I’m a poor man, with not a cint to bliss myself wid; and I -come here one day and got a bite of vittals, and bedad, sur, the ould -landlord seized me for rint, and said, says he, that he had a lane upon -me for those same scraps of cold food; and says he, I must stay here and -work for him until I can pay up. Now, kin he do that same, yur honor?” - -“No, most certainly not. He has no right to keep you or any other man -for such a reason.[358] So you had better be off.” - -“Long life to your honor, and may the holy saints--but kin he,” and -again the voice sank into a wail, “kin he kape me clothes?” - -“Nothing that you have on,”[359] I replied, as I turned away, thinking -that I could hear the scratch of the recording angel’s pen as he scored -another to the number of my good deeds. - -“Was it not considered at one time that an innkeeper had the right to -detain the persons of his guests for the payment of their bills?” -queried De Gex. - -“Yes, old Bacon so lays it down,[360] and so did one Judge Eyres,[361] -long since gone to his account; and in some of the old text-books the -same view is taken. But the idea was exploded forty years ago by the -combined effort of Lord Abinger, C. B., and his _puisnés_, Barons Parke, -Bolland, and Gurney.” - -“On what occasion?” - -“A man of the name of Sunbolf sued an innkeeper for assaulting and -beating him, shaking and pulling him about, stripping and pulling off -his coat, carrying it away and converting it to his own use.” - -“That was rather rough of him.” - -“It was, but the innkeeper, Alford, replied that he kept a common inn -for the reception, lodging and entertainment of travelers and others; -and that just before the time when he did all those things complained -of, Sunbolf and divers other persons in company with him came into the -inn as guests; and that he then found and provided them, at their -request, with divers quantities of tea and other victuals; and that -Sunbolf and the other persons thereupon, and just before the committing -of the grievances, became and were indebted to him in a certain small -sum of money, to wit, eleven shillings and three pence, for the said tea -and victuals; and thereupon he, the innkeeper, just before he did the -things of which he was accused, required and demanded of Sunbolf and the -others, payment by them, or some or one of them, of the said sum, or -some security or pledge for the payment thereof; but Sunbolf and the -others wholly refused then, or at any other time, to pay to him the said -sum, or leave with or give to him any security or pledge for the payment -of the same; and before he did the acts spoken of, Sunbolf persisted in -leaving, and would have departed and left the said inn, against the -innkeeper’s will and consent, without paying the said sum of eleven -shillings and three pence, so due as aforesaid, had not he, A., kept and -detained him, Sunbolf, or some other of the said persons, or their goods -and chattels, or some of them, until they paid it; and because Sunbolf -and the others would go and depart from the said inn without paying, and -refused to pay that sum to him, and because the sum remained wholly due -to him, and because Sunbolf and the others would not, and refused to -leave with or give any pledge or security whatever to him for the -payment of that sum, and he (that is, Alford) could not procure or -obtain from them, or any or either of them, any other pledge or security -than the said coat mentioned, he, (the said Alford) at the time -mentioned, did gently lay his hands on Sunbolf to prevent him going and -departing from the said inn without his or the other persons paying the -said eleven shillings and three pence, or giving him some pledge or -security for the payment of it; and he did then, for the purpose of -acquiring such security or pledge, to a gentle and necessary degree, lay -his hands upon Sunbolf, and strip and pull the said coat from and off of -him, the same being a reasonable pledge or security in that behalf, and -then placed the same in the said inn wherein he had thence thitherto -kept and detained the same as such pledge and security, for the said -debt of eleven shillings and three pence, being wholly due and unpaid to -him; and, therefore, he (Alford) suffered and permitted Sunbolf and the -others to go and depart from the said inn; and on the occasion aforesaid -he necessarily and unavoidably, to a small degree, shook and pulled -about Sunbolf; and these were the acts complained of.” - -“Well said the wise man of old, ‘_Audi alteram partem_,” said my friend. -“Alford’s story gives quite a different aspect to the whole affair.” - -“It gives you, at any rate, an idea of the longwinded pleadings in vogue -in the year of grace 1838.” - -“Was A.’s explanation satisfactory to the court?” - -“Oh, dear, no! Parke, B., asked, during the argument, if an innkeeper -had a right to turn his guest out without a coat; or if he had a right -to take off all his clothes, and send him away naked; and afterwards, in -giving judgment, he clearly and distinctly answered his own queries, and -said that an innkeeper had no power to strip a guest of his clothes; for -if he had, then, if the innkeeper took the coat off his back, and that -proved an insufficient pledge, he might go on and strip him naked, and -that would apply either to a male or female----” - -“That would be shocking!” - -“The learned baron merely considered it utterly absurd, and that the -idea could not be entertained for a moment. Another of the judges said -that he had always understood the law to be that the clothes on the -person of a man, and in his possession at the time, are not to be -considered as goods to which the right of lien can properly apply; that -the consequence of holding otherwise might be to subject parties to -disgrace and duress in order to compel them to pay a trifling debt -which, after all, was not due, and which the innkeeper had no pretence -for demanding.” - -“But, my dear fellow, we were speaking of the right of a landlord to -keep the body of his guest.” - -“To be sure we were. The Chief Baron said that if an innkeeper had a -right to detain a guest for the non-payment of his bill, he had a right -to detain him until the bill was paid, which might be for years or might -be for aye; so that by the common law, a man who owed a small debt, for -which he could not be imprisoned by legal process, might yet be detained -by an innkeeper for life. Such a proposition my Lord Chief Baron said -was monstrous, and, according to my lord Baron Parke, was -startling.”[362] - -“For my part, I think it is high time we rejoined the ladies,” said De -Gex, with the air of a man satisfied with what he had heard. - -“All right; throw law to the dogs, to improve upon the immortal bard.” - - * * * * * - -Our return drive was as pleasant as that of the preceding day, except -that we might well have exclaimed, in the words of the poet: - - “How the dashed dry dust, - Nebulous nothing, - Nettled our nasal - Nostrils, you noodles!” - -_En route_, we stopped at a little wayside inn for luncheon. On the -table the _pièce de resistance_ was beefsteak. - -“I never,” observed De G., “see beefsteak but I think of poor old George -III.” - -“Had he a particular _penchant_ for it?” I asked. - -“Not that. But once, when his intellect was sadly clouded, he was -breakfasting at Kew, and the conversation turned on the great scarcity -of beef in England. ‘Why don’t the people plant more beef?’ asked his -majesty. Of course he was told that beef could not be raised from seed -or slips; but he seemed incredulous, and, taking some pieces of steak, -he went out into the garden and planted them. Next morning he visited -the spot to see if the beef had sprouted, and finding some snails -crawling about, he took them for small oxen, and joyfully exclaimed to -his wife: ‘Here they are; here they are, Charlotte--horns and all!’” - -“Poor fellow--poor fellow!” - -By and by, apple dumplings appeared. “Ha!” I exclaimed, “here are more -reminders of the poor old king! How his Britannic majesty used to puzzle -over the problem of how the apples got inside the pastry.” - -“The Chinese cooks would have bewildered him still more with some of -their ingenious performances,” remarked De Gex. - -“In what respect?” queried the ladies. - -“At a recent banquet in San Francisco, an orange was placed beside the -plate of each guest. The fruit, to an ordinary observer, appeared like -any other oranges; but, on being cut open, they were found to contain, -_mirabile dictu_----” - -“What?” asked my wife. - -“Excuse me, I should not have quoted Latin. They were found to contain -five different kinds of delicate jellies. Of course, every one was -puzzled, first of all, to find how the jelly got in; and giving up that -as a conundrum too difficult to be solved, he found himself in a worse -quandary over the problem as to how the pulpy part of the orange got -out. Colored eggs were served up, and inside of them were found nuts, -jellies, meats, and confectionery.” - -“Wonderful men those Celestials!” I exclaimed. “They must have got such -notions from the banqueting table of Jove himself.” - -“I thought they indulged in nothing nicer than cats or dogs, rats or -mice, with an occasional dash of bird’s-nest soup,” said Mrs. De Gex. - -“Altogether a mistaken notion,” returned her husband. - -Tea was the beverage. I nearly upset the table as I reached over for the -teapot, whereupon my comrade exclaimed in the words of Cibber’s -rhapsody: - -“Tea, thou soft, thou sober, sage and venerable liquid; thou female -tongue-running, smile-smoothing, heart-opening, wink-tipping cordial, to -whose glorious insipidity we owe the happiest moments of our lives, let -me fall prostrate.” - -“Time’s up,” I said, as straightening myself I swallowed another cupful. - - * * * * * - -When we were again fairly under way and the ladies were quietly talking -some scandal, _sotto voce_, I said to De Gex: “Referring again to the -innkeeper’s lien----” - -“Let us have no more about it,” he replied promptly. “Honestly, I must -say that you are not a Paganini and cannot please by always playing upon -one string.” - -“Perhaps not, but as rare old Ben Jonson remarked, ‘when I take the -humor of a thing once, I am like a tailor’s needle--I go through,’ and a -little more information on that important subject may prove useful to -you some day.” - -“If you will talk on that dry subject, kindly inform me why publicans -have a lien at all,” said my friend. - -“Well, you know that a lien is the right of a man to whom any chattel is -given to detain it until some pecuniary demand upon or in respect of it -has been satisfied by the owner, and as the law treats an innkeeper as a -public servant, and imposes upon him certain duties--making him, for -example, receive all guests who are willing and able to pay, and are -unobjectionable on moral, pecuniary, or hygienic grounds, and bestow on -the preservation of their goods an extraordinary amount of care--so, to -compensate him for this obligation, the law gives him the power of -detaining his guest’s goods, (except such as are in the visitor’s actual -possession and custody, in his hand for example,) until he pays for the -entertainment afforded, including, of course, remuneration for the care -of those goods. The lien extends to all the goods and chattels of the -guest, even those especially handed over to the host and placed by him -apart from the personal goods of his visitor.”[363] - -“Then, I suppose an innkeeper has a lien upon the goods of a guest -only.” - -“Exactly so; so that if he receive the person as a friend, or a -boarder,[364] or under any special agreement,[365] or an arrangement to -pay at a future time,[366] he has no lien upon the goods, for he has no -responsibility with regard to them. In one case, however, it was decided -that if a man came to an hotel as a guest, his subsequently arranging to -board by the week would not alter the character in which he was -originally received, nor take away the host’s right of lien.”[367] - -“Suppose things are brought which the innkeeper is not bound to -receive--what then?” - -“Where he actually takes in goods for a guest, whether he were legally -bound to do so or not, he is responsible for their safety, and so has a -lien upon them.[368] But if anything is left with him, merely to take -care of, by one who does not himself put up at the house, the poor -innkeeper has no right to keep them until paid for his trouble;[369] -unless, indeed, it is a horse, or other animal, out of the keep of which -he can receive a benefit.[370] And you heard old Blackstone say, this -A.M., that the proprietor is not bound to inquire whether or not the -guest is the real owner of the goods;[371] and if the guest turns out a -thief, still the true owner cannot get back his property without paying -the charges upon it.[372] In Georgia, however, it has been held that the -innkeeper has no lien against the true owner, except for the charges -upon the specific article on which the lien is claimed.”[373] - -“But supposing he really knows that the guest is not the owner?” said my -companion. - -“Then he has no lien. Broadwood, the celebrated piano manufacturer, -loaned a piano to M. Hababier, who was staying at a hotel. The court -held that, as it was furnished to the guest for his temporary use by a -third party and the innkeeper knew it belonged to such party, and as -Hababier had not brought it to the place as his own, either upon his -coming to or while staying at the inn, the proprietor had no lien upon -it.[374] But of course, if a servant, or an agent, in the course of his -employment, come to an inn and runs up a bill, the proprietor has a lien -upon his master’s goods in the servant’s custody.”[375] - -“How long does this right last?” - -“Only so long as the goods remain in the inn. If the guest goes away and -then comes back again, the publican cannot retain them for the prior -debt.[376] If, however, the unsophisticated landlord is beguiled into -letting them go by a fraudulent representation, his right remains;[377] -and if they are taken away, he may follow them if he does not -loiter.[378] Delays are always dangerous, except in cases of matrimony. -Of course, a tender of the money claimed extinguishes the lien;[379] but -it must be a valid tender. Tossing down a lot of money on a table, and -offering it if the innkeeper will take it in full of the bill, is not a -proper tender.[380] Sometimes, if too much is claimed, or the claim is -on a wrong account, a tender may not be necessary.”[381] - -“Must the man say why he refuses to give up the goods?” - -“If he gives a reason for detaining them other than his right of lien, -he waives that, and it is gone; still, merely omitting to mention it -when the goods are demanded will not prevent him enforcing it.”[382] - -“Could not a guest get off by paying a small sum on account?” - -“No; for then a farthing in cash would destroy the right;[383] but -taking a note payable at a future day will put a stop to it.”[384] - -“I believe that the landlord cannot sell the goods seized,” suggested my -comrade. - -“No, except by consent or operation of law.”[385] - -“Is there no limit to the amount for which the lien can exist?” - -“That point was disposed of in a case where a young fellow’s mother -asked a hotel-keeper not to allow her son, who was a guest in the house, -more than a certain quantity of brandy and water per diem, yet mine host -supplied the youth with considerably more of that beverage than was -named. When the bill was disputed, the judge held that a landlord was -not bound to examine the nature of the articles ordered by a guest -before he supplied them; but might furnish whatever was ordered, and -that the guest was bound to pay for them, provided he was possessed of -reason, and not an infant.”[386] - -“Oh, then, a juvenile’s goods and chattels cannot be kept for his little -hotel bill? Another privilege gone forever with the happy days of -childhood,” said De Gex. - -“I am not quite so sure. In Kentucky, it was held that they could be, if -the entertainment was furnished in good faith, without the knowledge -that the youngster was acting improperly and contrary to the wishes of -his guardian; and it was even held that the innkeeper had a lien for -money given to the boy and expended by him for necessaries,”[387] I -remarked. - -“I trust,” said my companion, “that there is not very much more to be -said on the subject. I feel that I am growing thin, and will soon -require a lean-to to support me.” - -“You are like the rest of the world, ingrate and thankless. Here I have -been giving you freely of what has cost me long, weary hours of study -and gallons of petroleum, and still you grumble. Only two points more -would I endeavor to impress upon your memory, the knowledge of which may -prove to be worth to you fully the cost of this drive of ours.” - -“Well, I will restrain myself and lend a listening ear.” - -“In the first place, if an innkeeper should retain your trunks for your -hotel bill, you need pay him nothing for his trouble in taking care of -them thereafter; when you are flush again, you may call, and on paying -the original amount due, demand your traps.[388] In that way, you see, -you may sometimes get rid of the trouble of carrying your baggage about -with you. Then, again, whenever possible, travel in company, with all -the baggage in one trunk; let the one who owns the trunk pay his bill, -and then all may go on their way rejoicing; for where a paterfamilias -took his daughters to an hotel and the board of all was charged to the -old man, (who afterward became insolvent) it was well decided that the -trunks of one of the girls could not be detained for the whole amount -due by the party. Every man for himself, seems to be the rule.”[389] - -“What are you two men gossiping about?” suddenly broke in Mrs. Lawyer, -she and her companion having fully exhausted their stock of chit-chat. - -“Gossiping!” said De Gex; “no indeed; as Sir Boyle Roche would say, I -deny the allegation, and defy the allegator.” - -“None with a properly constituted mind would indulge in such a thing; -for George Eliot well defines gossip to be ‘a sort of smoke which comes -from the dirty tobacco-pipes of those who diffuse it,’ and remarks that -it proves nothing but the bad taste of the smoker,” I added. - -The ladies seemed conscience-stricken, for neither replied, and for some -time we all sat in silence, enjoying the delicious coolness of eventide; -each was busied in private castle-building, or “watching out the light -of sunset, and the opening of that beadroll which some oriental poet -describes as God’s call to the little stars, who each answer, ‘Here am -I!’” - - - - -CHAPTER IX. - -DUTIES OF A BOARDING-HOUSE KEEPER. - - -Suns had risen and set; moons had waxed and waned, and Mrs. Lawyer and -myself were now settled in a boarding-house. I will not say comfortably, -for, although never in my youth did I own a little hatchet, still I have -read in my younger days the fifth chapter of the Acts of the Apostles. - -My powers of description are exceedingly limited, so I will not attempt -to sketch, for the benefit of my readers, either the house itself, its -furnishings, its occupants, or the entertainment provided as a _quid -pro_ their dollars. Of the furniture, I will only say that the carpet on -the parlor floor “was bedizened like a Ricaree Indian--all red chalk, -yellow ochre, and cock’s feathers.” Of our fellow boarders, ’tis -sufficient to remark that some, on one or two occasions, had, perhaps, -worn kid gloves; most of the men were “self-made, whittled into shape -with their own jack-knives”; the ladies--but _de feminis nil nisi -bonum_. - -Of the food provided for the inner man, need more be said than that the -poultry, which appeared on the second day of our sojourn, would have -seemed to Mr. Bagnet’s fastidious eye, suitable for Mrs. B.’s birthday -dinner? If there be any truth in adages, they certainly were not caught -by chaff. Every kind of finer tendon and ligament that it is in the -nature of poultry to possess, was developed in these specimens in the -singular form of guitar strings. Their limbs appeared to have struck -roots into their breasts and bodies, as aged trees strike roots into the -earth. Their legs were so hard as to encourage the idea that they must -have devoted the greater part of their long and arduous lives to -pedestrian exercises and the walking of matches. No one could have -cleaned the drumsticks without being of ostrich descent. - -_Ab uno disce omnes. Ex pede Herculem._ From these three hints let each -one, for himself, erect images of our boarding-house, our -fellow-boarders, and our meals, as a Cuvier would reconstruct a -megatherium from a tooth, or an Agassiz draw a picture of an unknown -fish from a single scale. But I must not dip my pen in vinegar, nor tip -it with wormwood, when I write of boarding-houses and their industrious -and unfortunate keepers. These providers of food and lodging seem to be -the descendants of Ishmael, their hand being against every one to eke -out their little profits, and every one’s hand being against them. Let -me be an honorable exception to the general rule, and act like the Good -Samaritan, although, by the way, that worthy patronized a cheap hotel, -not a boarding-house. - - * * * * * - -It has ever been a hobby of mine that a door--hall or otherwise--is -intended to be shut (if not, a hole in the wall would answer every -purpose and be cheaper). Well, one great source of trouble with me at -Madame Dee’s private boarding-house was that the domestic-of-all-work -was in the constant habit of leaving the hall door ajar whenever she -made her exit on to the street in her hunt for butter, eggs, or milk. A -fellow-boarder, seeing my anxiety on this point, asked me if I was -afraid of some one stealing Mrs. Lawyer. - -“No,” I replied, “I am more afraid of my overcoat. Although not very -new, it is still serviceable.” - -“Well, sir,” said a youthful reader of Blackstone and Story, “if any one -feloniously and wickedly takes away your bad habit could you not deduct -the value of it on your next week’s settlement with Mrs. Dee? An -innkeeper would be liable in such a case.” - -“My dear young friend,” I replied, “you have as yet acquired only the A -B C of professional knowledge. The liability of a boarding-house keeper -for the goods of a boarder is by no means the same as that of an -innkeeper.” - -Here I paused, but the first speaker asked me to proceed and explain the -difference, so I spake somewhat as follows: - -“Once upon a time Catherine Dansey went to the boarding-house of -Elizabeth F. Richardson with her luggage, and was duly received within -the mansion. One day some of Mrs. Dansey’s goods, chattels, or -knick-knacks were stolen, and when the matter was investigated it -appeared that the thief had entered through the front door--which had -been left open by the servant--and that Mrs. Richardson knew that her -Biddy was in the constant habit of neglecting to shut the door. Mrs. R. -would not settle the affair amicably, so Mrs. D. had the law of -her.[390] At the trial the judge told the jury that a boarding-house -keeper was bound to take due and reasonable care about the safe-keeping -of a guest’s goods; and then, it having struck his lordship that perhaps -his twelve enlightened countrymen, who sat before him in the box, did -not know too well what due care might be, he proceeded to explain to -them that it was such care as a prudent housekeeper would take in the -management of his own house for the protection of his own goods. The -judge went on to say that Mrs. Richardson’s servant leaving the door -open might be a want of such care, but the mistress was not answerable -for such negligence, unless she herself had been guilty of some neglect -(as in keeping such a servant with a knowledge of her habits). The jury, -as in duty bound, took the law from his lordship and said that Dame R. -was not liable.” - -“Then Mrs. Dansey had to perform to the tune of a nice little bill of -costs, and grin and bear it,” remarked the embryo Coke. - -“She was rather stubborn about it, and applied for a new trial.” - -“Did she get it?” asked Coke _in futuro_. - -“No. The whole four judges gave it as their opinion that a -boarding-house keeper is not bound to keep a guest’s baggage safely to -the same extent as an innkeeper, but that the law implies an -undertaking on his part to take due and proper care of the boarder’s -belongings, although nothing was said about it; and that neglecting to -take due care of an outer door might be a breach of such duty.” - -“But did they say what due and proper care amounted to?” was queried. - -“Yes; but, as doctors often do, they disagreed on the point. Judge -Wightman could not see that a boarding-house keeper is a bailee of the -goods of his guest at all, or that he is bound to take more care of them -(when they are no further given into his care than by being in his -house) than he as a prudent man would take of his own. If he were guilty -of negligence in the selection of his servants, or in keeping such as he -might well distrust, his lordship said that he could hardly be -considered as taking the care of a prudent owner, and so might be liable -for a loss occasioned by a servant’s neglect. Erle, J., said that as -there was no delivery of the goods by Mrs. D. to Mrs. R., no contract to -keep them with care and deliver them again, and nothing paid in respect -of the goods, there was no duty of keeping them placed upon Richardson. -Judge Coleridge and Lord Campbell looked at the case through spectacles -of another color--the former said that a guest at such a house is -entitled to due and reasonable care absolutely; he comes to the house -and pays his money for certain things to be rendered in return; he -stipulates directly with the master, having no control himself over the -servants, and having nothing to do with the master’s judiciousness or -care or good fortune in selecting them; and the master undertakes to -the guest not merely to be careful in the choice of his servants, but -absolutely to take due and reasonable care of his goods. Lord Campbell -said that he could not go so far as to say that in no case can a -boarding-house keeper be liable for the loss of goods through the -negligence of a servant, although he himself was guiltless of any -negligence in hiring or keeping the domestic. If one employs servants to -keep the outer door shut when there is danger of thieves, while they are -performing that duty they are acting within the scope of their -employment, and he is answerable for their negligence. He is not -answerable for the consequences of a felony, or even a willful trespass -committed by them; but the general rule is, that the master is -responsible for the negligence of his servants while engaged in offices -which he employs them to do--and his lordship (for I have been quoting -his sentiments) said that he was not aware how the keeper of a -boarding-house could be an exception to the general rule.” - -I stopped here, and was rather chagrined to catch one of those present -saying to another-- - -“Do you remember what old Coates said about his wife?” - -“No--what?” - -“‘M-Mrs. C-Coates is a f-funny old watch. She b-broke her chain a g-good -while ago, and has been r-running down ever since; she must have a -mainspring a mile long.’ This is apropos of our friend here when he gets -started on a legal point.” - -“And he is always starting some such shoppy subject; like Adelaide -Proctor’s young man-- - - ‘He cracks no egg without a legal sigh, - Nor eats of beef but thinking on the law,’” - -was the response wafted into the recesses of my auricular appendages--so -chilling it was that I incontinently sneezed thrice. - -“There seems,” said the student, “to have been a decided diversity of -opinion among the learned judges in that case.” - -“Yes, indeed,” I replied. “But the point has been made clear in a more -recent case, in which all the judges took the same view of the extent of -the liability.”[391] - -“What was that decision, sir?” - -“That the law imposes no obligation on a lodging-house keeper to take -care of the goods of his boarder. A lodger who was just about to change -his quarters, was out of his room, and the landlord allowed a stranger -to enter to look at it; the latter carried off some of the boarder’s -property, and when the owner sued the landlord the court gave him to -understand that he must himself bear the loss. Earle, C. J., said that -the judges had decided that even if the things had been stolen by a -member of the household the proprietor would not be liable. He went on -to remark that he was most particularly averse to affirming, for the -first time, that a lodging-house keeper has the duty cast upon him of -taking care of his guest’s goods; he saw great difficulties in so -holding, and thought it would be casting upon him an undefined -responsibility which would be most inconvenient; considering that -lodgers consist of all classes--from the highest to the lowest--one -could hardly exaggerate the mischief that would ensue from holding the -proprietor liable. It would be impossible, his lordship continued, to -lay down any definite test of liability; each case must be left to the -discretion or caprice of a jury; the liability of the keeper of the -house must vary according to the situation of the premises and a variety -of circumstances too numerous to mention. If, on the other hand, the law -is that the lodger must take care of his own goods, it only imposes upon -him the same care which he is bound to take when he walks the streets; -he may always secure his valuables by carrying them about with him, or -by placing them specially in the custody of the keeper of the house.” - -“But it appears rather hard to compel a man to carry his goods about -with him wherever he goes, or else hand them over to the boarding-house -keeper who might be down in the kitchen cooking dinner or washing cups -and saucers; besides, she or he might refuse to take care of them,” -captiously remarked one of the company. - -“Notwithstanding all that, I have told you the law correctly, and Byles, -J., remarked once that a contrary decision would cast upon the -proprietor ‘a frightful amount of liability,’” I replied. - -“Did the judges in the case you just referred to say anything about the -open door case?” questioned the earnest inquirer after knowledge. - -“Yes, and held that the whole tenor of the judgment in it was that a -boarding-house keeper is not bound to take such reasonable degree of -care of the goods of his guest as a prudent man may reasonably be -expected to take of his own.” - -“It seems strange,” urged the youth--by the way, a careless, heedless -young fellow was he--“that such people should in no way be liable to -look after the property of their boarders.” - -“I did not say exactly that. They are of course liable where a loss of a -lodger’s goods has resulted from gross negligence on their part, or they -themselves have been guilty of some misdeed.”[392] - -“Those two cases, I think,” said one who had been a silent listener -hitherto, “were both decided in England; but what say our American -judges on the point?” - -“So far as they have spoken,” I replied, “they have, as a rule, -corroborated and agreed with the sentiments of their ermined and -bewigged fellows across the ocean. The Supreme Court of Tennessee -decided that an innkeeper was not liable for the clothing of a boarder -stolen from his room, without the former’s fault, although he would be -for that of a guest;[393] and the judge gave as his reason for making -the distinction that a passenger or wayfaring man may be an entire -stranger in the place, and must put up and lodge at the inn to which his -day’s journey may bring him, and so it is important that he should be -protected by the most stringent rules of law enforcing the liability of -hotel-keepers; but as a boarder does not need such protection the law -does not afford it, and it is sufficient to give him a remedy when he -proves the innkeeper guilty of culpable neglect. And in Kentucky, where -a regular boarder at an hotel deposited gold with the proprietor, who -put it in his safe, into which thieves broke and stole, the court held -that the hotel-keeper was not liable as an innkeeper, but only as a -depositary without reward, and as no gross negligence was shown the poor -boarder failed in his attempt to recover his lost cash in that way.[394] -I had better tell you, however, that in New York it has very recently -been held that a boarding-house keeper is liable for the loss of a -boarder’s property by theft, committed by a stranger allowed to enter -the boarder’s room by a servant of the house,[395] and that it is his -duty to exercise such care over a boarder’s goods as a prudent man would -over his own.” - -“Well, will you please tell me what is the difference between a -boarding-house and an inn?” asked one of the other boarders. - -“It would afford me great pleasure to answer your question at another -time, but at the present I am sorry to say that duty calls me and I must -go.” - -Leaving my listeners to digest the law lecture I had delivered to them, -I repaired to the best parlor, and there found Mrs. Lawyer and another -lady in a state of white heat over the performances of a boarder who -occupied the next room--one of the genus referred to by Coleridge when -he said, - - “Swans sing before they die; ’twere no bad thing - Should certain persons die before they sing”-- - -who was constantly carolling or trilling with a voice of the most -rasping kind, or playing upon a most atrocious accordeon, to the -discomfiture and annoyance of the other guests. - -“Can that man not be made to keep quiet?” asked my wife. - -“Doubtless, my dear, if you would go and talk to him sweetly, he would -cease his songs and lay aside his wind instrument,” I gallantly replied. - -“Don’t tease me,” she said. “Here we both have got splitting headaches -through that horrid noise.” - -“I thought from your manner you seemed a little cracked, my love; what -can I do?” I queried. - -“You ought to know--you are a lawyer; can’t you make him stop?” - -“Well, really I don’t know. I remember that in England a man had the -constant ringing of a chime of bells in a neighboring chapel stopped on -account of the annoyance and discomfort it caused him.”[396] - -“I am sure that the noise of bells is as heavenly music compared to the -infernal discords produced by that man,” remarked the other lady, who, -like Talmage’s friend, Miss Stinger, was sharp as a hornet, prided -herself on saying things that cut, could not bear the sight of a pair of -pants, loathed a shaving apparatus, and thought Eve would have shown a -better capacity for housekeeping if she had--the first time she used her -broom--swept Adam out of Paradise. - -“Yes, dear madam, the noise of belles is often most delightful; and the -happiest day of my life was the one on which I was engaged in ringing a -sweet village belle, who shall be nameless,” I replied, knowing that the -lady hated everything like gallantry, and I politely waved my hand -towards Mrs. L., who exclaimed: - -“You stupid, you! Tell me directly what we can do!” - -“In the English case I mentioned, the man got an injunction from the -Court of Chancery to restrain the noise; but in another case in North -Carolina,[397] where a most pious member of a Methodist church was -indicted for disturbing divine service by singing in such a way that one -part of the congregation laughed, and the other part got mad--the -irreligious and frivolous enjoyed it as fun, while the serious and -devout were indignant--although the jury found the man guilty, the court -reversed the verdict, as the brother did not desire to disturb the -worship but was religiously doing his best. So here our poor neighbor is -doing what he can to produce a ‘concord of sweet sounds.’ On another -occasion, the judges in the same State held that the noise of a drum or -fife in a procession was not a nuisance.[398] But then the wearers of -the ermine in that State seem almost indifferent to sounds of any kind; -for about the same time, they decided that profane swearing was not a -nuisance, unless it was loud and long continued.”[399] - -“What had we better do?” persisted Mrs. Lawyer. “Either he must leave, -or we must bid goodbye to these premises.” - -“Get the landlady to give him notice to quit; then if he won’t go -peaceably, she can bundle him out neck and crop.”[400] - -“She will promise to do so, and that will be the end of it,” said the -acidulous lady. - -“In Massachusetts, where a lodger was disturbed by the lodger in the -room below singing hymns by no means of the Moody & Sankey style, and -the landlord promised to get the musician out, but failed to do so, the -Supreme Court held that the aggrieved boarder could not insist upon a -diminution of his weekly bills on account of the disagreeable -singing.[401] But, my dear, will you come and take a walk with me?” - -Off we started countrywards, and ---- walked. When we were returning, it -was dark and late. “The night air was soft and balmy; the night odors -sweet and soul-entrancing; there were no listeners save the grasshoppers -and the night-moths with folded wings among the flower-beds of the -cottages, and no on-lookers save the silent stars and jeweled-eyed frogs -upon the path staring at us” with all their might and main. So we -gossiped until we entered the city once again, and then the odors -changed; listeners and lookers-on became numerous; the stars were -eclipsed by flaming gas; the frogs gave place to gaping gamins. - - * * * * * - -As it has to be mentioned, and there is no reason why it should not be -mentioned just here, I may state (as a hint to those who keep boarders) -that Judge Coleridge once remarked that if a boarding-house keeper -neglected to give a boarder a dry bed or wholesome food, and in -consequence thereof the latter became sick, it could not be doubted but -that the landlord might be compelled to make compensation in damages to -the sufferer. His lordship also went on to say, in effect, that if the -White Hart Inn, High-street, Borough, had been a boarding-house, and Sam -Weller had given the wooden leg of number six to thirteen, and the pair -of Hessians of thirteen to number six; or the two pairs of halves of the -commercial to the snuggery inside the bar, and the painted tops of the -snuggery to the commercial, so that any of those worthies had been -damnified, then the bustling old landlady of that establishment would -have had to comfort her guests in a more substantial manner than she did -when she titillated the nose of the spinster aunt.[402] - - - - -CHAPTER X. - -MORE ABOUT BOARDING-HOUSE KEEPERS. - - -Again it was night. All the boarders were assembled around the -tea-table; not exactly, however, as Dr. Talmage would wish, for he said -that you should be seated wide enough apart to have room to take out -your handkerchief if you want to cry at any pitiful story, or to spread -yourself in laughter if someone propound an irresistible conundrum. - -The tea was none of that good old stuff that once brought $50 a pound, -but some of the adulterated mixture, thirty million pounds of which -Uncle Sam, Aunt Columbia and their little ones, pour annually into their -saucers and empty into their mouths. - -“Now, then, Mr. Lawyer,” said my friend Mr. Jim Crax, as the bread and -butter, tea and toast were fast disappearing off the table on to the -chairs, “kindly redeem your promise, and tell us the difference between -a boarding-house keeper and an hotel-keeper; that is, the difference in -law--we all know the practical differences only too well.” - -After a preliminary hem and haw, I began as follows: “It might be as -well to say, in the first place, that a boarding-house is not in common -parlance, or in legal meaning, every private house where one or more -boarders are occasionally kept upon special considerations; but is a -_quasi_-public house, where boarders are generally and habitually -received as a matter of business, and which is held out to the public -and known as a place of entertainment of that kind.[403] The chief -distinction between a boarding-house and an inn, and the one from which -all others naturally flow, is that the keeper of a boarding-house can -choose his own guests, admitting some and rejecting others, as to him in -his discretion or according to his whims and humors may seem best; while -an innkeeper is obliged to entertain all travelers of good conduct, and -possessed of means of payment, who choose to stop at his house, and -those who do stay he must provide with all they have occasion for while -on their way.”[404] - -“That seems rather hard on the innkeeper.” - -“No: he is compensated by having greater privileges than his humbler -brother; and such a rule is necessary for the welfare and convenience of -the traveling public, who cannot be expected, in the hurry of -journeyings, to stop and hunt through a town for a night’s lodging, -making a special bargain with the keeper of the house. A lodging-house -keeper makes a special contract with every man that comes to him, -whereas an innkeeper is bound, without any particular agreement, to -provide lodging and entertainment for all who come to him, at a -reasonable price.[405] In the one case the guest is entertained on an -implied contract from day to day; in the other, there is an express -contract for a certain time at a certain rate.”[406] - -“But surely,” said Jim Crax, “oftentimes a definite agreement to board -is made with an hotel-keeper.” - -“Of course, I know that,” I replied. “But, then, if he does so on the -arrival of his guest he loses the rights and privileges as well as the -liabilities of his order; although an arrangement as to the price only, -after one has become a guest, will not have that effect.[407] And it has -been held that a public hotel at a watering place possessing medicinal -springs, and opened only during the summer and fall for the -accommodation of visitors in search of health and pleasure, is, in fact, -only a boarding-house, the visitors not being guests for a day, night, -or week, but lodgers or boarders for a season.”[408] - -“What,” said the landlady’s daughter, who was angling for the young law -student and so tried to season her generally frivolous conversation with -an occasional semi-sensible remark or question, “What are the privileges -of an innkeeper which a boarding-house keeper does not enjoy? The right -to charge $5 per day?” - -“Their right of lien. You, of course, know what that is?” I replied. - -“Oh, certainly,” she answered, though she no more knew what it meant -than I do the hieroglyphics on Cleopatra’s Needle. - -“I don’t,” said a lady with greater honesty. “But pray, don’t attempt to -define it. I never try to find out the meaning of a word since I once -looked in Johnson’s dictionary and found that network was ‘anything -reticulated or decussated with interstices between the intersections.’” - -“I thought that the proprietor of a boarding-house also had the right of -detaining the goods of their lodgers for their charges,” remarked the -seediest of the company who looked as if he had had practical experience -in such matters. - -“Not generally; although in some States the legislatures have conferred -the right upon them to the same extent as an innkeeper has at common -law. This they have, for instance, in New York, New Hampshire, and -Wisconsin;[409] and in Connecticut they have not only the right to -retain the property until the debt is paid, but in case of non-payment -they can sell it to recoup themselves after a certain time.”[410] - -“Suppose,” said the student, “as is the case here, one who keeps -boarders occasionally entertains travelers for a night or so--would she -be considered an hotel-keeper in respect to those stray sheep?” - -“No,” I replied. - -“How would it be if a man agreed to go to a boarding-house and then -backed out and went elsewhere?” asked my _vis-a-vis_ at the table. - -“Well, where a man of the name of Stewart agreed by word of mouth with -one who took boarders to pay £100 a year for the board and lodging of -himself and servant and the keep of his horse, and then failed to take -up his quarters at the house, the court considered that the bargain was -not a contract concerning land within the Statute of Frauds and so did -not require to be in writing, and that Stewart was liable to pay for the -breach of his agreement.”[411] - -“What is that in front of you, sir?” was queried of me. - -“Pork chops, apparently,” I replied. “Will you take one?” - -“No, thanks; I am a Jew as far as pork is concerned. In fact, although -not so bad as Marshal d’Albert, who was always taken ill whenever he saw -a roast sucking-pig, I am like the celebrated Guianerius--pork always -gives me a violent palpitation of the heart.” - -“’Tis curious what antipathies some people have to particular kinds of -food. I have read of a man who was always seized with a fit when he -tried to swallow a piece of meat,” said a Mr. Knowall. - -“Nature evidently intended him for a vegetarian.” - -“I have heard of another who was made ill if he ever ate any mutton,” -continued the gentleman; “and of a man who always had an attack of the -gout a few hours after eating fish. In fact, the celebrated Erasmus -could not smell fish without being thrown into a fever; Count -d’Armstadt never failed to go off in a faint if he knowingly or -unknowingly partook of any dish containing the slightest modicum of -olive oil; the learned Scaliger would shudder in every limb on beholding -water-cresses; and Vladisiaus, of Poland, would fly at the sight of -apples.” - -“I read once of a lady who, if she ventured to taste lobster salad at a -dancing party, would, before she could return to the ball-room, be -covered with ugly blotches and her peace of mind destroyed for that -evening,” I remarked. - -“The whole question of food is an interesting one,” said Mr. Knowall. - -“Do you mean with regard to the sumptuary laws of other days?” queried -the law student. - -“Yes. You remember that in the days of the Plantagenets the Houses of -Parliament solemnly resolved that no man, of what state or condition -soever he might be, should have at dinner or supper, or any other time, -more than two courses, and each of two sorts of victual at the utmost, -be it of flesh or fish, with the common sorts of potage, without sauce -or any sort of victuals. And the eating of flesh of any kind during Lent -and on Fridays and Saturdays, was punished by a fine of ten shillings, -or imprisonment for ten days;[412] and in the days of Queen Bess the -fine was increased to £3 and the term of imprisonment to three months; -but if any one had three dishes of sea-fish on his table he might have -one of flesh also.”[413] - -“Did Elizabeth do this from any religious motive?” asked a young divine. - -“Oh, dear, no. The statute expressly says that the eating of fish is not -necessary for the saving of the soul of man. In the days of bluff old -King Hal, Archbishop Cranmer commanded that no clergyman should have -more than three blackbirds in a pie unless he was a bishop and then he -might have four, but he allowed himself and his brother of York to have -six.” - -“When then, pray, did the fashion of having ‘four-and-twenty blackbirds -baked in a pie’ come into vogue?” asked my wife, who had a good memory -for infantile rhymes. - - - - -CHAPTER XI. - -CHARMS OF FURNISHED APARTMENTS. - - -“_De gustibus non est disputandum_,” was originally observed by a man of -sense, however many blockheads may since have repeated it; and as my -tastes in the matter of comestibles did not harmonize with those of the -several respectable boarding-house keepers beneath whose roofs we -successively took shelter, it was settled in a committee of the whole -family that Mrs. Lawyer and myself should take furnished apartments in a -genteel street, or a furnished house--that Mrs. L. should be appointed -Commissary-General, with one Bridget or Biddy O’Callaghan as -Deputy-Acting-Assistant Commissary-General under her, while I should -continue to hold the responsible post of Paymaster-General to the entire -force. - -In due time, after a considerable reduction in our stock of the virtue -of patience and of the thickness of the soles of our boots, a suitable -suite of rooms, furnished in a style agreeable to our taste, in a -locality not objectionable and at a rate proportionate to the depth or -rather shallowness of my pocket, was discovered and all necessary -arrangements made with the landlord. - -To avoid all possibility of future disputations with the owner, (and -especially as a contract to let lodgings is a contract concerning an -interest in land within the meaning of that celebrated troublesome -statute passed in the twenty-ninth year of his rascally majesty, Charles -II, and entitled “an act for the prevention of frauds and perjuries,” -and so must be in writing,[414]) determined to follow the good advice of -Mr. Woodfall, and have our agreement reduced to black and white. My -instructions to my clerk in preparing the document were, to specify the -amount of rent, the time of entry, the length of notice to quit required -and such other particulars as the nature of the case rendered requisite, -and to have a list of the goods and chattels in the apartments affixed. - -Alas, I found the truth of the old adage, that a lawyer who acts for -himself has a ---- well, not a Solomon--for his client. An unexpected -event, however, saved me. The very evening before we were to enter into -our new abode a bailiff, on behalf of the real owner, for my -acquaintance had but a lease of the place, visited the house and seized -a part of the furniture for rent overdue; luckily none of my personal -belongings had been taken in--if there had been any of them they, too, -would have been liable to distress for the rent. I had stupidly -neglected to inquire whether the taxes or the rent of the house were -paid up, and whether they were likely to be kept so.[415] Of course I -knew that if I had at that particular period of my existence chanced to -have been living in New England, or in New York State, or in some of -the other States of the Union, I could not have been troubled if in that -house, as the power of distress exists in those places no longer;[416] -but we were in a State in which it is still retained, or at least was -then. - -When I told my wife of the narrow escape we had had she asked me if I -had ever made inquiries as to whether the landlords of the hotels at -which we stayed were in arrear for rent. - -“No,” I replied; “the rule is different in respect to hotels.” - -“Why?” - -“For the benefit of trade; otherwise business could not be carried on at -all.” - -“But what would we have had there except my cat and bird, our clothes, -and your books?” urged Mrs. L. - -“Nothing more would have been wanted.” - -“Could they have taken our clothes? I thought all such things were -exempt.” - -“Generally speaking, they are from seizure for debt; but not from -distress for rent, unless they are in actual use at the time. In 1796 -Mr. Baynes, who had furnished lodgings at half a guinea a week, was two -months in arrear, and a bailiff appeared upon the scene and took his -wearing apparel and that of Mrs. B., although part of it was actually in -the wash-tub at the time; and Lord Kenyon said it was all right.[417] -The same judge decided in another case that a landlord could legally -take the clothes belonging to a man’s wife and children, while -they--the ‘clothes screens,’ as Carlyle calls them--not the -clothes--were in bed, although the bipeds intended to put them on in the -morning, and had been daily in the habit of wearing them, on the ground -that they were not in actual use.[418] But Kenyon, my dear, sometimes -said absurd things. For instance, once, when indignant at the delay of -an attorney, he exclaimed, wrathfully, ‘This is the last hair in the -tail of procrastination.’” - -“The law seems very hard. Why, that poor woman would have to stay in -bed. But talking of tails, could they have taken my cat--my beautiful -pussy?” said Mrs. Lawyer, looking over where - - The cat’s dark silhouette on the wall, - A couchant tiger’s seemed to fall. - -“Well--ah--in Coke upon Littleton it is said, no; but the reason given -is that cats are things in which no man can have an absolute and -valuable property; and that reason might not be applicable to the case -of a costly Angora like yours, and you know, _cessante ratione cessat et -ipsa lex_; but your bird might have been taken.”[419] - -“It seems strange that the landlord can take the property of other -people to pay his tenant’s debts.” - -“It does; and in many parts of this country only the goods of the debtor -can be taken,[420] and the judges are generally inclined to deliver the -lodger from the claws of the landlord; and so it has been held that -while the goods of an assignee of the tenant are liable, those of a mere -under-tenant are not;[421] and in England, of late years, an act has -been passed for the protection of the lodger’s goods from the claims of -the landlord for rent due him by his immediate tenant.”[422] - -“But if our things had been taken to pay the rent, could we not have -made the other boarders contribute their share?” - -“No, I am afraid not,”[423] I answered. - - * * * * * - -Our intended rooms being now somewhat denuded of their necessary -furnishings we arranged with our landlord-about-to-be to send in all -necessary articles within a reasonable time. Unfortunately, however, -this new arrangement was not embodied in our written agreement; so I -found out--when too late--that our landlord (a man of the eel kind) was -not bound to put in the furniture. If it had been in writing, it would -then have formed an inseparable part of the contract, and the man could -not have obtained his rent until he had done his duty.[424] - -We had scarcely got settled in our new quarters before we discovered -that our rose possessed a thorn or two. The morning after our arrival, -we were honored with the visit of a choleric gent, who informed us that -he occupied the rooms on the flat below and that our water pipes had -leaked through and damaged irreparably some of his property. I am -thankful, however, to say that I was able to point out to him that the -defects in the pipe could not have been detected without examination; -that as we did not know of them, and had not been guilty of any -negligence, we were not liable for the damage which he had unfortunately -sustained, there being no obligation upon us to keep--at our peril--the -water in the pipe.[425] - -We next had trouble about a stovepipe which had to pass through another -person’s room. When we began to put it up our neighbor threatened to -take it down and stop up the hole; but knowing that as there had been a -pipe through his room before the surly fellow moved in he only had the -room subject to the easement of the stovepipe and hole,[426] I remained -firm and steadfast, and finally won a way for the obnoxious, black, -cylindrical smoke-conductor, and we hoped to hear the kettle sing -merrily, and the pots bubble, and spirt, and boil in peace, if not in -quietude. - -But our triumph was not for long. Barely was the stove in full blast -when the boiler attached exploded with a terrific uproar. Considerable -damage was done; my wife was clamorous that I should at once interview -the landlord, especially as we thought that the accident could not have -happened had there been a safety-valve to the boiler; but I said that -it would be useless to talk about it unless we could prove that he knew -of the defect, or had reason to suspect it, or that damage was to be -apprehended from the use of the boiler for the purpose for which it was -intended;[427] although on one occasion the courts held a landlord -liable for injuries arising from the explosion of gas, caused by the -pipes in the tenant’s room not having been properly secured.[428] - -In the afternoon it began to rain in the style commonly called “cats and -dogs,” or “pitchforks,” and soon we heard pit--pit--pit, -patter--patter--patter, spit--spit--spit, spatter--spatter--spatter, -sounding nearer than the dripping outside would seem to warrant, and on -investigation we found that the rain was coming through the roof and -dropping down in ugly splashes upon one of our most handsome and costly -volumes. - -“Can we make the landlord pay for the damage done by his old leaky -roof?” asked my wife, as with her best cambric handkerchief she tried to -swab up the wet. - -“I fear me not. I remember Baron Martin saying that one who takes a -floor in a house must be held to take the premises as they are, and -cannot complain that the house was not constructed differently. This -storm may have blown off some shingles, and then, even if our landlord -is bound to use reasonable care in keeping the roof secure, he cannot -be held responsible for what no reasonable care and vigilance could have -provided against. He cannot certainly be considered guilty of negligence -if he has caused the roof to be examined periodically, and if it was all -secure the last time it was looked at.[429] Still, in New York State it -was decided that where a landlord, who himself occupied an upper flat, -allowed liquids to leak through into his tenants’ rooms, he was -liable.”[430] - -“I should think, indeed, that a man should keep his house in repair, so -that his tenants’ goods are not ruined,” indignantly said Mrs. Lawyer. - -“You may say that, but the law says quite the reverse. It is perfectly -clear that a landlord is not bound to do any repairs, however necessary -they may be, except such as he personally agrees to do. The law will not -imply any contract of that sort on his part. That was decided in a case -where large gaps opened in the main walls, and it took several hours of -hard pumping daily to keep the water out of the basement.[431] - -“In New Hampshire, I admit, it has been held that where a landlord -negligently constructs his building, or negligently allows it to -continue out of repair, he is liable for injuries to his tenants;[432] -and in New York the rule is said to be that when buildings are in good -repair when leased and afterward become ruinous and dangerous, the -owner is not responsible unless he has expressly agreed to repair.”[433] - -“Surely, then, one has not to pay rent when a house is in such a -wretched state? I suppose we are not bound to stay here.” - -“Yes, to both your queries. The only cases in which a tenant has been -permitted to withdraw from his tenancy and refuse payment of rent are -where there has been some error or fraudulent misdescription of the -premises, or where they have been found to be uninhabitable in -consequence of the wrongful act or default of the landlord himself;[434] -and it is not perfectly clear that he can do so even then.[435] But I -must go out for the present, my dear. Fare thee well.” - -In the hall down stairs I met Mr. Screwhard, our landlord, a gentleman -who, from his personal appearance, would have accumulated a large -fortune as an undertaker; for from his countenance you could no more -have coaxed a smile than you could have out of a poker. As I was bidding -him a hurried “Good morning,” he placed his body, so long, so lean, and -so straight that you might have taken it for a telegraph pole in -consumption, before me, and said, in tones which would have well become -the ghost in Hamlet-- - -“You must be in by nine o’clock, sir; we lock the front door then.” - -“Gammon!” said I; “you will have to unlock it, then, to let me in; for -when you rented me the rooms you impliedly granted all that was -necessary for their free use and full enjoyment, such as the use of the -hall and stairs whenever required, and not only when you choose.”[436] - -“I will yield to your wishes for this night only,” said Screwhard, in a -voice as solemn as if he were about to be cremated; “but mind, rap with -your knuckles on the door; in time your wife will hear and can let you -in, for I must be allowed to have unbroken slumbers; my health demands -that most imperatively.” - -“Stuff and nonsense!” I replied; “I have a right to use the bell and the -knocker, as nothing was said to the contrary before;[437] and I shall -use them.” - -And impatient with the old fellow I passed on, saying to myself: “The -man must be a fool. An action will lie against him if he attempts to -interfere with our use of the necessary adjuncts of his furnished -apartments. To be sure if we were bad tenants, he might, in mitigation -of damages, show that he acted so to make us leave.[438] But we have not -been long enough for that.” - -Apollo stayed not his fiery steeds in their downward career towards the -happy isles of the west that day, and Phœbus’ sickly-looking sister held -sway in high heaven when I again reached the door of my new domicile. -With me was Tom Jones, who was anxious to see the rooms. Mrs. Lawyer -received us in the parlor with a face full of disgust, and after the -interchange of a word or two with Tom, calling me aside, made the horrid -announcement that our bedrooms were fully occupied by animals of a small -size, broad for their length, darkish in color, scented, -anthropophagous, and designated by the same letters as very dark drawing -pencils. - -I disclosed the fact to T. J., who, being somewhat of a naturalist, -might, I thought, be able to prescribe some cure for this new found -evil. He at once exclaimed: - -“I tell you what, old fellow, some scientific folks say that these -creatures always retire from public life to their own quarters about -midnight. Test the point. You tumble into bed at once, and I will -endeavor to entertain Mrs. Lawyer until twelve, and will call in the -morning to hear the result of the experiment.” - -“You’re very kind, I am sure. But I am always willing to share things -equally with my wife; besides, when two are in bed the creepers lose -time in deciding which to bite, so one can get occasional naps. -To-morrow we will quit,” I replied. - -“But can you give up your lodgings in that summary manner?” - -“Long since it was decided that where a man rents ready furnished houses -or lodgings and they are infested by bugs, the tenant may leave without -paying rent. Baron Parke, in giving judgment, said that the authorities -appeared fully to warrant the position that if the demised premises are -encumbered with a nuisance of so serious a nature that no person can -reasonably be expected to live in them, the tenant is at liberty to -throw them up. And he said that this was so because of the implied -condition that the landlord undertakes to rent the place in an habitable -state. Lord Abinger, in the same case, went even further, and gave it as -his opinion that no authorities were wanted to establish the point, and -that the case was one which common sense alone enabled them to decide. A -man, he remarked, who lets a ready furnished house, surely does so under -an implied condition, or obligation, that the house is in a fit state to -be inhabited. His lordship had no doubt whatever on the subject, and -thought that tenants under such circumstances were fully justified in -leaving.”[439] - -“But have not other equally learned judges had very grave doubts upon -the subject?” queried Jones. - -“Well, I must confess that later cases have somewhat shaken the -authority of the one I have been referring to, and it has been held that -there is no implied warranty in a lease of a house, or of land, that it -is or shall be reasonably fit for habitation, occupation, or -cultivation, and that there is no contract, still less any condition, -implied by law on the demise of real property only that it is fit for -the purpose for which it is let.”[440] - -“Does not that put an extinguisher on the authority you cited?” said -Jones. - -“No; in some of these latter decisions the case of a ready furnished -house is expressly distinguished upon the ground that the letting of -such a house is a contract of a mixed nature, being in fact a bargain -for a house and furniture, which, of necessity, must be such as are fit -for the purpose for which they are to be used. Abinger was particularly -strong on the point. He said that ‘if a party contract for the lease of -a house ready furnished, it is to be furnished in a proper manner, and -so as to be fit for immediate occupation. Suppose,’ said he, ‘it turn -out that there is not a bed in the house; surely the party is not bound -to occupy it or continue in it. So, also, in the case of a house -infected with vermin; if bugs be found in the bed, even after entering -into possession, the lodger or occupier is not bound to stay in the -house. Suppose again,’ he continued, ‘the tenant discover that there are -not sufficient chairs in the house, or that they are not of a sort fit -for use: he may give up possession.’[441] And so late as April of the -year of grace 1877, Lord C. B. Kelly said that he was of the opinion, -both on authority and on general principles of law, that there is an -implied condition that a furnished house shall be in a good and -tenantable state and reasonably fit for human occupation from the very -day on which the tenancy is dated to begin, and that where such a house -is in such a condition that there is either great discomfort or danger -to health in entering and dwelling in it, then the intending tenant is -entitled to repudiate the contract altogether.”[442] - -“Well, that is strong, I am sure.” - -“Abinger held that the letting of the goods and chattels, as well as the -house, implies that the party who lets it so furnished is under an -obligation to supply the other contracting party with whatever goods and -chattels may be fit for the use and occupation of such a house according -to its particular description and suitable in every respect. And Judge -Shaw, of Massachusetts, says that in the case of furnished rooms in a -lodging house, let for a particular season, a warranty may be implied -that they are suitably fitted for such use.”[443] - -“I should think,” said Jones, “that a would be tenant ought to go and -inspect the premises for himself.” - -“If he has an opportunity of doing so it might, perhaps, make a -difference, but if he takes it upon the faith of its being properly -furnished, common sense and common justice concur in the conclusion that -the owner is bound to let it in an habitable state. So saith the Lord -Chief Baron.”[444] - -“I believe that it has been held in this country that the existence of a -noxious smell in the house did not authorize the tenant’s leaving.”[445] - -“Indeed. My lady, the Dowager Countess of Winchelsea, agreed to rent a -furnished house in Wilton Crescent, London, for three months of the -season of 1875 for the sum of 450 guineas. When her ladyship arrived -with her servants and personal luggage, she perceived an unpleasant -smell in the house, and declining to occupy it, had her horses taken out -of the stable. On investigation, it was found that the drainage was in a -very bad state, rendering the house quite unfit for occupation. In three -weeks’ time, however, matters were put right, but her ladyship refused -to go back or to pay rent. A suit was brought, in which the whole court -unanimously held that the state of the drains entitled the Countess to -rescind the bargain and to refuse to pay rent.[446] Abinger thought that -if a tenant, on entering his lodgings, found out that the previous -occupier had left because some one had recently died in them of the -plague or scarlet fever, he would not be compelled to remain.[447] And -in Massachusetts it was decided that a tenant who caught small-pox -through no fault of his own, but because the owner wilfully neglected to -inform him that the house was infected with that disease, might recover -damages from the landlord.”[448] - -Just then a slight movement on the part of Jones made the chair on which -he was perched creak, crack, stretch out its legs, and let him down. As -he was hastily apologizing for the damage, I remarked: - -“Don’t trouble yourself, the occupier of furnished apartments is not -responsible for deterioration by ordinary wear or tear in the reasonable -use of the goods of the landlord.”[449] - -“I’ll go now, at all events, as I am up,” said our friend, as he seized -his hat and made his adieux. - -_Quære_, was that a white handkerchief protruding slightly from his -pistol pocket? Indispensables are tighter now-a-days than they used to -be. - - - - -CHAPTER XII. - -NOTICE TO QUIT, AND TURNING OUT. - - -Doubtless many an anxious housekeeper is hurrying rapidly through the -pages of this book to discover whether or no Tom Jones’ piece of -entomological information was correct; but I shall not enlighten them on -the point, for this is a work on legal subjects, and cannot be taken up -with recounting investigations concerning the habits of such small -things as insects. Saith not the ancient maxim: “_De minimis non curat -lex_”? - -We had, however, other things to think about ere morning’s light again -illuminated the eastern sky. Scarcely had we settled ourselves for the -night when my wife started up, exclaiming: - -“Hear the loud alarum bells! What a tale of terror their turbulency -tells! In the startled ear of night how they scream out their affright -in a clamorous appealing to the mercy of the fire--in a mad -expostulation with the deaf and frantic fire! What a tale their terror -tells of despair! How they clang, and clash, and roar!” - -“Ha! and well for us that their twanging and their clanging have aroused -us; for see! the house opposite is all wrapped in flames, and the wind -is driving right toward us!” - -Ah! then throughout our house there was hurrying to and fro, and -gathering tears, and tremblings of distress, and cheeks all pale, -which, but ten minutes past, pressed the soft pillows with their -loveliness; and there were sudden snatchings of such as by chance lay -within reach, and leaving things which ne’er might be regained; and -there was rushing in hot haste--the men, the chattering women, and the -pattering child, went pouring forward with impetuous speed, and swiftly -showed in the back yard in _robes de nuit_. - -I jumped into my pantaloons; fortunately, they were not like those of -Monseigneur d’Artois, nor was I as particular as his highness; four tall -lackeys had to hold him up in the air every morning, that he might fall -into his breeches without vestige of wrinkle, and from them the same -four, in the same way but with more effort, had to deliver him at night. -We found shelter in the hospitable mansion of old Mrs. Jones. At the -expense of our friends, we thatched ourselves anew with the “dead -fleeces of sheep, the bark of vegetables, the entrails of worms, the -hides of oxen or seals, the felt of furred beasts, and walked down -stairs moving rag screens, over-heaped with shreds and tatters raked -from the charnel-house of nature” to partake of the morning meal. - -At breakfast, Mrs. Lawyer remarked, in anything but lugubrious tones: - -“Well, Mr. Jones, we have got rid of those rooms without much trouble.” - -Tom shook his head; so my wife asked: - -“Why do you do that?” - -“Because I am not quite sure that you are yet quit of my friend, Mr. -Screwhard, your landlord,” was the reply. - -“What do you mean?” queried my wife. - -“Ask your respected husband; he knows more about such matters than I -do.” - -In reply to my wife’s questioning glance, I said: “I am afraid it is -rather too soon to rejoice over the matter. We must pay rent until we -can get rid of our liability by a regular notice to quit.” - -“But we can’t occupy the place.” - -“That makes no difference.”[450] - -“Then you had no provision in your lease exempting you in case of fire,” -remarked Jones. - -“Unfortunately, not.” - -“But why should we pay when we cannot use the place?” asked my wife, -growing warm. - -“The rule is, my dear, that when the law imposes a duty upon one and he -is prevented performing it without any fault on his part, and he has no -one to whom he may look for satisfaction, the courts will excuse the -non-performance; but when a man voluntarily takes a duty or charge upon -himself he must perform his contract, come what may, because he might -have provided against all accidents in his agreement.” - -“And, you stupid! you did not have the lease properly drawn!” - -“Exactly so, my female Solomon,” I replied, indignantly. - -“Well, I must say,” said Mrs. L., “that I fear I am bound for life to - - “‘A wretch so empty, that if e’er there be - In nature found the least vacuity, - ’Twill be in him.’” - -“Another reason is,” broke in Jones, anxious to throw oil upon the -troubled waters, “that in the case of furnished lodgings, as in the case -of a house, the rent is deemed to issue out of the land[451]--none of it -out of the furniture[452]--so that the landlord can distrain for the -whole rent;[453] and even were he to turn the tenant out, no -apportionment could be made for the goods.[454] The law makes no -difference between lodgers and other tenants as to the payment of their -rents, or turning them out of possession.” - -“Pray tell me, then, how much notice must we give?” demanded Mrs. Lawyer -in tones which would lead one to imagine that she provided all the -capital necessary to run the family machine. - -Jones replied: “If the hiring of the apartments be from half year to -half year, half a year’s notice to quit must be given; if from quarter -to quarter, a quarter’s notice; if from month to month, a month’s -notice; if from week to week, a week’s notice; and if a lodger leaves -without giving such notice he is liable for the rent for a half year, -or a quarter, or a month, or a week, as the case may be.”[455] - -“Still,” I said, anxious to contradict somebody, “it has been ruled by a -very learned judge that in the case of an ordinary weekly tenancy a -week’s notice to quit is not implied as part of the contract unless -there be usage to that effect, but that such a tenancy will cease at the -end of the term without any notice; in fact, he said that he was not -aware that it had ever been decided that in the case of an ordinary -weekly or monthly tenancy a month’s or week’s notice to quit must be -given. It is to be regarded as a tenancy for a week or a month rather -than as a tenancy from week to week, or month to month, determinable by -notice. Were it otherwise, such tenancies would, in almost all cases, -necessarily continue for a double period, which might be inconvenient to -one or both parties. Of course, even in absence of such usage, a weekly -tenant who enters on a fresh week may be bound to continue until the -expiration of that week, or pay the week’s rent.[456] And in New York it -has been decided that in a renting by the month, or from month to month, -a month’s notice to quit is not requisite.”[457] - -“But surely,” urged Jones, “a reasonable notice must be given of the -ending of a weekly tenancy. I remember one case in which my father was -concerned, Earle, C. J., said that, although it had been laid down that -a weekly or a monthly holding does not require a week’s or a month’s -notice to determine it unless there be some special agreement or custom, -he did not find that any person ever held that the interest of a tenant -so holding might be put an end to without any notice at all. It would be -most unreasonable, he continued, if a landlord were entitled to turn his -weekly tenant out at twelve o’clock at night on the last day of the -week; some notice must be necessary. Williams, J., gave it as his view, -that whether it be a tenancy from year to year, or week to week, in -either case there must be a legal expression of intention that the -tenancy should cease. The inclination of his opinion was that where the -holding is from week to week a week’s notice should be given, and a -month’s notice where the tenancy is from month to month. Judge Willes, -in a half frightened sort of way, as if he had no doubt he was wrong, -considered that because in a tenancy from year to year half a year’s -notice only was required, therefore he could not see how it was possible -that a tenant from week to week should be entitled to more than half a -week’s notice. While Byles, J., remarked that the notice to a weekly -tenant should be a reasonable one.”[458] - -“And doubtless he is right. And if it is necessary at all, it must, of -course, expire on the proper day, _i. e._, at the end of some week of -the tenancy.”[459] - -“Yes; and a weekly tenancy beginning on Saturday ends on Saturday.[460] -How would it be, Lawyer, if the landlord rented the rooms to some one -else before the expiration of the week?” - -“That would amount to a rescission of the bargain, and he could not sue -the defaulting tenant for rent for the days the apartments were -empty;[461] but lighting or warming the rooms, or putting up ‘to let’ in -the window, will not prevent the owner looking to the man who has left -without giving the proper notice.”[462] - -“I suppose that one cannot leave without notice because he fears that -the landlord’s things are likely to be seized by the landlord -paramount,” said Jones. - -“Of course you can make an express stipulation to that effect;[463] -otherwise you cannot leave.”[464] - -“Well,” said my wife, “I presume that at all events the landlord will -have to rebuild if we are to continue paying rent.” - -“By no means. The rule is, that a landlord, after an injury by fire, is -under no obligation to rebuild or repair the house for the benefit of -the tenant,”[465] was my melancholy reply. - -Fortunately, breakfast does not last as long as dinner; so this -conversation (which had grown irksome to myself, and has proved probably -equally, if not more so, to my readers) was brought to a conclusion -before very much more was said on this subject, and I gladly availed -myself of the opportunity of going out on business. - -Down town I met my old friend, Dr. Lane, who told me of the tiff he had -just had with his landlord. Some months previously he had hired from one -Johnson certain rooms in a fashionable locality, at a rental of a couple -of hundred dollars a year, with the privilege of putting a brass plate -bearing his name upon the front door. Shortly afterward Johnson leased -the whole premises to Mr. Dixon for twenty-one years. In course of time, -the health of the neighborhood being excellent, Lane got in arrear; so -Dixon removed the brass plate, and refused to let the Doctor have access -to his rooms--in fact, finding them open one day, and the lodger out, he -fastened the outer door, and so excluded him altogether. Lane sued for -damages, and the jury kindly gave him £10 for the breaking and entry -into his room, expelling him therefrom and seizing his _etceteras_, and -£20 for the removal of the brass plate. Dixon, rather naturally, was -dissatisfied with the verdict of these twelve men and appealed to the -court, who, however, agreed that the jury were perfectly correct in -their view of the matter, and that the Doctor might keep his £30. The -removal of the plate was considered a distinct and substantive -trespass.[466] Of course the disciple of Galen was overjoyed, and -insisted upon my taking a glass of something alcoholic while he told me -of the little trip that he purposed taking at his landlord’s expense. - -After parting from the worthy leech my brain was rather puzzled to draw -a distinction between his case and one decided some time ago, where one -Bloxham, a poulterer and a keeper of a beer-shop, claiming a sum of -money to be due to him by a lodger--one Hartley by name--locked up his -goods in the room in which Hartley had put them, pocketed the key, and -refused the boarder access to them till his bill was paid--yet it was -decided that what was done was not such a taking of goods as would -sustain the action for trespass brought by poor Hartley.[467] At last it -dawned upon me that in the case I was conning over there had been no -actual taking--the landlord never actually touched the goods at all--he -merely locked the door and kept the key, and therein it differed from -Lane’s suit.[468] - -In another case, a landlord, before his tenant’s time was up, and -contrary to his wishes, entered his (the tenant’s) room and removed -therefrom books, maps, and papers, placing them where they were damaged -by the rain. The boarder, not liking such treatment, sued his landlord, -and the court decided that the latter was a trespasser and liable for -all damages sustained, whether they resulted from his direct and -immediate acts, or remotely from the act of God.[469] - -Before returning home I called on a friend who also dwelt in furnished -apartments. Far from seraphic was the state of mind in which I found -him. - -“What can be done to stop that horrid noise? It will drive me mad!” was -his petulant salutation. - -I listened, and heard the dull, rumbling noise of some wheeled machine -being rolled, now fast, now slow, then up, then down, in the room above. - -“What is it?” I asked. - -“Oh, I know what it is only too well. A foolish young couple live up -stairs, and their first baby is teething or something of the sort, and -whines and howls incessantly, so the mother by day and the father by -night continually trundle it up and down the room in a parlor -baby-carriage, making such a noise that I can neither read nor sleep. It -is a regular nuisance, and I’ll have it stopped.” - -“I suppose that they don’t do it merely to disturb and annoy you, but -rather for the good of the juvenile,” I remarked. - -“As for that matter I presume their intentions are honorable, but that -does not make any difference.” - -“Yes it does; the very point has been decided by Judge Van Hoesen, of -New York. To him a Mr. Pool applied for an injunction to prevent one off -his fellow-lodgers wheeling a sick child about the room.” - -“Well, what was the result?” - -“Why, as it did not appear that the noise was made unnecessarily, but -only from the attempt to soothe the infant, the court refused to -interfere with the amusement of the child, saying that the occupants of -buildings where there are other tenants cannot restrain the others from -any use they may choose to make of their own apartments, consistent -with good neighborhood and with a reasonable regard for the comfort of -others.” - -“Humph!” - -“The judge added that if the rocking of a cradle, the wheeling of a -carriage, the whirling of a sewing machine, or the discord of ill-played -music, disturb the inmates of an apartment-house, no relief by -injunction can be obtained, unless the proof be clear that the noise is -unreasonable, and made without due regard to the rights and comforts of -other occupants.[470] And in England it was held that the noise of a -piano from a neighbor’s house, or the noise of neighbor’s children in -their nursery, are noises we must expect, and must, to a considerable -extent, put up with.”[471] - -“At all events, no judge can compel me to stay in the house and be -annoyed in this way. I’ll give notice to quit at once.” - - * * * * * - -Here endeth the account of our experiences in the matter of furnished -apartments, boarding-houses, and hotels. After this Mrs. Lawyer and -myself settled down quietly to housekeeping. Our experiences in that -line have nothing to do with the subject of this book. - - - - -INDEX. - - -=Absence of guest=--loss of baggage during, p. 40. - -=Accommodation=--innkeeper need only supply reasonable, p. 7. - payment for bad, p. 16. - -=Action against innkeeper=--for refusing to receive guest, p. 12. - for supplying bad food, p. 14. - -=Agreement to furnish=--p. 177. - -=Agreement with innkeeper=--as to board, pp. 61, 168. - as to room, p. 61. - -=Assault=--liability of innkeeper for servant’s assault, p. 30. - protecting guests from, pp. 74-124. - - -=Baggage=--what is, pp. 74, 86-88. - articles of jewelry, p. 86. - innkeeper liable for loss in bus, p. 22. - and during temporary absence of guest, p. 40. - innkeepers are insurers of, p. 46. - need not be given to landlord, p. 47. - where guest retains exclusive possession, pp. 51, 52. - of one stopping elsewhere, p. 60. - -=Ball=--innkeeper not liable for loss of a guest at, p. 60. - -=Bed=--guest need not go to, p. 40. - damp bed, p. 165. - innkeeper in bed, p. 13. - -=Betting and bets=--when improper, pp. 63-65. - when bets recovered, p. 64. - all void, pp. 65, 66. - loser recovering stakes, pp. 66, 67. - -=Billiards=--pp. 70, 71. - -=Bird=--liable to distress, p. 176. - -=Boarder=--annoying fellow-boarders, pp. 163, 164. - must look after his own goods, pp. 159, 160. - -=Boarding-house=--what is a, p. 166. - differs from hotel, p. 167. - -=Boarding-house keeper=--liability of, pp. 154, 155. - what amount of care required in, p. 155. - liable for gross neglect, p. 160. - liability for theft by stranger, p. 161. - liability for faults of servants, p. 165. - can choose his lodgers, p. 167. - right of lien, p. 169. - -=Breakages in hotel=--when guest is liable for, p. 101. - by boarder, p. 188. - -=Burglars=--p. 107. - - -=Card-playing=--description of, p. 71. - in private, p. 68. - -=Carelessness of guest=--in elevator, p. 24. - when intoxicated, p. 58. - loss through, pp. 108, 109. - leaving door unlocked, pp. 112-115. - -=Carriage=--left outside inn-yard, p. 118. - stolen, p. 119. - -=Cat distrainable=--p. 176. - -=Clothing=--innkeeper need not supply, p. 19. - innkeeper’s lien on, pp. 137-141. - liable to seizure for rent, pp. 175-176. - -=Commercial traveler=--goods of, in private room, pp. 52, 112. - - -=Dinner hours=--p. 54. - -=Dinner-set=--p. 77. - -=Distraining for rent=--furnished house, p. 174. - what things liable to distress, pp. 175, 176. - See CAT, CLOTHING. - -=Dog in hotel=--p. 43. - -=Door=--left unlocked at innkeeper’s request, p. 53. - not necessary to lock, pp. 112, 114. - left open, pp. 154, 155. - -=Door-bell=--lodger entitled to use, p. 182. - -=Door-plate=--removing, p. 196. - - -=Ejecting guests=--for bad manners, p. 26. - for non-payment, p. 40. - -=Ejecting tenants=--pp. 196, 197. - -=Emigrants=--house for, an inn, p. 20. - -=Entomological=--pp. 16, 187. - -=Explosion of stove=--p. 179. - -=Excessive charges=--pp. 30, 124. - -=Expectorating=--pp. 20-22. - - -=Fire=--liability of innkeeper for losses by, p. 103. - -=Food=--innkeeper selling bad food, p. 14. - boarding-house keeper selling bad food, p. 165. - -=Friend=--cannot sue for lost goods, p. 59. - See VISITOR. - -=Furnished apartments=--contract for, must be in writing, p. 174. - liability of landlord to repair, p. 180. - leaving for disrepair, p. 181. - lodger entitled to all appurtenances, p. 182. - must be free from vermin, pp. 183, 184. - must be properly furnished, p. 185. - must be fit for immediate habitation, p. 186. - notice to quit, pp. 191-194. - noise of fellow-lodgers in, pp. 198, 199. - - -=Gaming=--forbidden in inns, p. 68. - what is, p. 68. - lawful games, pp. 70, 71. - unlawful games, p. 69. - -=Goods and property=--definition of, p. 85. - -=Guest=--must be a traveler, p. 59. - one purchasing refreshment may be a guest, p. 59. - neighbor not a, p. 14. - when able to pay must always be admitted, p. 9. - when tender necessary, pp. 9, 10. - may be refused admission if improper, pp. 10, 11. - or suffering from contagious disease, p. 10. - or if inn is full, p. 11. - or if he is in filthy state, p. 11. - need not register his name, p. 13. - nor go to bed, p. 40. - nor take all his meals at inn, p. 60. - cannot carry on business at inn, p. 30. - liability when retaining exclusive possession of goods, p. 59. - for breakages, p. 101. - no lien on, pp. 137, 138. - - -=Horse of guest=--of one stopping elsewhere, pp. 60, 122, 123. - after departure of guest, pp. 62, 120. - stolen from inn stable, p. 129. - injured in inn stable, pp. 120, 121. - injured in field, p. 122. - lien on, for keep of another, p. 128. - for its own keep, p. 129. - for its owner’s keep, p. 127. - stolen horses, p. 132. - -=Hotel=--differs not from inn, pp. 2, 3. - derivation of, p. 3. - American and English, pp. 54-57. - See INN. - -=Hotel-keeper=--See INNKEEPER. - - -=Improper persons=--need not be admitted into hotel, p. 10. - -=Inevitable accident=--liability of innkeeper for, p. 47. - -=Infant=--lien on goods of, p. 149. - -=Inn=--derivation of word, p. 3. - differs not from hotel, pp. 2, 3. - origin of, pp. 3, 4. - development of, p. 5. - definition of, pp. 18, 19. - description of country inn, pp. 7, 8. - of city inn, p. 23. - sign not essential to, p. 5. - -=Innkeeper=--definition of, pp. 5, 19. - need not let guest choose a room, pp. 7, 39. - must receive all proper persons, pp. 9, 167. - but not those disorderly, p. 10. - or having contagious disease, p. 10. - or if house be full, p. 10. - nor thieves, nor policemen, p. 11. - sickness no excuse for refusing to receive guests, p. 11. - nor absence, p. 11. - nor being in bed, p. 13. - but sickness of servants is, p. 12. - or infancy, p. 12. - See LIEN. - not bound to supply clothes, p. 19. - liable for baggage lost in bus, pp. 22, 62. - for assault of servants upon guest, p. 30. - for goods of guest lost or stolen, pp. 45, 46, 92. - unless guest was negligent, pp. 45, 108. - are insurers of guest’s property, pp. 46, 103. - in whatever part of hotel, pp. 47, 48, 92, 111. - cannot make guest take charge, p. 48. - when his liability ceases, pp. 61-63. - liability for guest’s money, p. 90. - for loss by fire, p. 103. - for acts of mice, p. 104. - for loss by burglars, p. 107. - for horses and carriages, pp. 118-124. - goods outside inn, p. 118. - lien on horses, pp. 128-133. - -=Intoxication=--loss of goods by guest, p. 58. - innkeeper drunk in bed, p. 69. - - -=Laundress=--liability of innkeeper to, p. 29. - -=Lawyer’s dinners=--p. 34. - -=Leakage of roof=--p. 180. - -=Liability of innkeeper=--when it ceases, pp. 61, 62. - limitation of, p. 80. - statutory limitation, p. 81. - construed strictly, pp. 82, 83. - not applicable to horses, p. 120. - -=Livery-stable keeper=--lien of, pp. 134, 135. - -=Locking door=--pp. 112, 114. - -=Lien=--right of, cannot be sold, pp. 131, 148. - on goods of third parties, pp. 132, 146, 150. - special agreement as to payment, p. 134. - of livery-stable keeper, p. 134. - for improving horse, p. 135. - none on person of guest, pp. 137, 138. - nor on clothing, pp. 137-140. - why innkeepers have a, p. 144. - only on goods of guests, pp. 145, 146. - when it ceases, p. 147. - no limit to amount of, p. 148. - boarding-house keepers, p. 169. - See HORSES. - - -=Manners at table=--pp. 26, 27. - -=Matches=--taking, p. 102. - -=Misstatements as to hotels=--p. 23. - -=Money=--guest depositing in safe, p. 84. - liability of landlord for, pp. 90, 91, 93. - when entrusted to third party, p. 96. - -=Mosquitoes=--p. 74. - - -=Necessaries of a wife=--pp. 32, 33. - -=Neighbor=--cannot be a guest, pp. 14, 60. - unless traveling, pp. 14, 59. - -=Noise of boarders=--pp. 120, 121, 198, 199. - -=Notice to quit=--pp. 191, 194. - - -=Parties dining together=--p. 28. - -=Prize candy=--p. 71. - -=Pullman car=--not a common inn, pp. 76, 77. - - -=Rats and mice=--depredations of, pp. 104, 105. - -=Refreshment bar=--not an inn, p. 35. - -=Register=--guest need not enter name in, p. 13. - -=Repairs=--liability of landlord for, pp. 180, 181. - after a fire, p. 195. - -=Restaurant=--not an inn, p. 35. - -=Robbery=--liability of host for loss of guest’s goods, pp. 45, 92, 94. - by guest, pp. 53, 110. - -=Room=--landlord to choose, pp. 7, 39. - trespassing on guest’s, p. 73. - - -=Safe=--depositing in, p. 79. - See VALUABLES. - -=Shaving=--when barber liable for accidents, p. 99. - -=Singing=--of fellow-boarders, pp. 120, 121. - -=Sleeping-car owners=--neither innkeepers nor common carriers, pp. 76, 77. - -=Smells=--effect on tenants’ rights of noxious, pp. 186, 187. - -=Stables=--not a necessary for an inn, p. 19. - landlord’s liability for bad, pp. 120, 121. - -=Stove-pipe=--passing through room, p. 178. - -=Sunday travelers=--must be admitted by innkeeper, p. 13. - - -=Tavern an inn=--p. 36. - -=Tender of payment=--by guest, pp. 9, 10. - -=Traveler=--who is a, p. 59. - - -=Valuables=--when need be deposited in safe, p. 48. - notice of rule as to deposit of, pp. 49, 50, 79. - personal jewelry, p. 79. - when to be deposited, pp. 84, 96. - - -=Watch=--as to depositing in safe, pp. 79, 80, 83, 85. - -=Watering-place=--hotel at, p. 168. - -=Water-pipes=--leakage of, p. 178. - - -FOOTNOTES: - -[1] Taylor _v._ Monnot, 4 Duer, 116; Jones _v._ Osborn, 2 Chit. 486. - -[2] People _v._ Jones, 54 N. Y. (Barb.) 311; St. Louis _v._ Siegrist, -46 Mo. 593. - -[3] Wharton’s Law of Innkeepers, 8. - -[4] Gen. xlii:27. - -[5] Bac. Abr. Innk. B; Parker _v._ Flint, 12 Mod. 255; Dickinson _v._ -Rodgers, 4 Humph. (Tenn.) 179. - -[6] Fell _v._ Knight, 8 Mees. & W. 269; Doyle _v._ Walker, 26 Q. B. -(Ont.) 502. - -[7] Taylor _v._ Humphreys, 30 Law J. 262; Watson _v._ Cross, 2 Duval, -(Ky.) 147; Newton _v._ Trigg, 1 Show. 276; Commonwealth _v._ Mitchell, -1 Phil. (Pa.) 63. - -[8] Rex _v._ Ivens, 7 Car. & P. 213. - -[9] Fell _v._ Knight, 8 Mees. & W. 276. - -[10] Wharton, p. 78. - -[11] Doyle _v._ Walker, 26 Q. B. (Ont.) 502. - -[12] Fell _v._ Knight, _supra_. - -[13] Howell _v._ Jackson, 6 Car. & P. 742; Moriarty _v._ Brooks, Ibid. -634. - -[14] Markham _v._ Brown, 8 N. H. 523; Fell _v._ Knight, _supra_. - -[15] Rex _v._ Ivens, _supra_; Fell _v._ Knight, _supra_. - -[16] Roll. Abr. 3 F; White’s Case, Dyer, 158. - -[17] Marshall _v._ Fox, Law Rep. 6 Q. B. 370; Markham _v._ Brown, 8 -N.H. 523. - -[18] Mullins _v._ Collins, 43 Law J. M. C. 67. - -[19] Markham _v._ Brown, _supra_; Pinkerton _v._ Woodward, 33 Cal. 557. - -[20] Bac. Abr. Inns, c. 4; Cross _v._ Andrews, Cro. Eliz. 622. - -[21] Addison on Torts, 938. But see Com. Dig. vol. 1, p. 413. - -[22] Curw. Hawk. 714. - -[23] Cayle’s Case, 8 Coke, 32. - -[24] Rex _v._ Luellin, 12 Mod. 445; Reg. _v._ Rymner, L. R. 2 Q. B. D. -136. - -[25] Fell _v._ Knight, 8 Mees. & W. 269. - -[26] Fell _v._ Knight, _supra_. - -[27] Rex _v._ Ivens, 7 Car. &. P. 213. - -[28] “Did you see that absurd paragraph concerning a traveler who was -writing his name in the book when a B. B. sallied out of a crack and -took his way slowly and sedately across the page. The newly arrived -paused and remarked: ‘I’ve been bled by St. Joe fleas, bitten by Kansas -City spiders, and interviewed by Fort Scot graybacks, but I’ll be -hanged if I ever was in a place before where the bedbugs looked over -the hotel register to find out where your room was.’” - -“It is generally not necessary for them to take that trouble,” I -replied. - -[29] Rex _v._ Ivens, 7 Car. & P. 213. - -[30] Bac. Abr. vol. 4, p. 448. - -[31] Walling _v._ Potter, 35 Conn. 183. - -[32] Cayle’s Case. - -[33] Roll. Abr. 95. - -[34] 1 Blackst. Com. 430. - -[35] Hart _v._ Windsor, 12 Mees. & W. 68. - -[36] Sutton _v._ Temple, Ibid. 52, 60. - -[37] Peters. Abr. vol. 5, p. 159; Jeremy on Bailments, 139. - -[38] Thompson _v._ Lacy, 3 B. & Ald. 203. See also Dickenson _v._ -Rodgers, 4 Humph. 179. - -[39] Bacon’s Abr. Inns, C. - -[40] Thompson _v._ Lacy, 3 B. & Ald. 283. - -[41] Wintermute _v._ Clarke, 5 Sand. 247; Pinkerton _v._ Woodward, 33 -Cal. 557. - -[42] Parker _v._ Flint, 12 Mod. 255; Parkhurst _v._ Foster, Salk. 287. - -[43] Bacon’s Abr. Inn. C. - -[44] Lyon _v._ Smith, 1 Morris, 184; State _v._ Mathews, 2 Dev. & -B. 424; Bonner _v._ Welborn, 7 Geo. 296. But see Commonwealth _v._ -Wetherbee, 101 Mass. 214. - -[45] Thompson _v._ Lacy, _supra_. - -[46] Krohn _v._ Sweeny, 2 Daly, N. Y. 200. - -[47] Willard _v._ Reinhardt, 2 E. D. Smith, 148. - -[48] Dickinson _v._ Winchester, 4 Cush. 114. - -[49] Bacon’s Abr. Inns, B. - -[50] Robinson _v._ Cove, 22 Vt. 213; Butterfield _v._ Forrester, 11 -East, 60; Rathbun _v._ Payne, 19 Wend. 399. - -[51] Commonwealth _v._ Mitchell, 2 Pars. Sel. Cas. 431. - -[52] Commonwealth _v._ Mitchell, 1 Phila. 63. - -[53] Kelsey _v._ Henry, 49 Ill. 488. - -[54] Prendergast _v._ Compton, 8 Car. & P. 454. - -[55] Dons de Comus, Paris, 1758. - -[56] Foster _v._ Taylor, 3 Camp. N. P. 49. - -[57] Foster _v._ Taylor, 3 Camp. N. P. 49. - -[58] Collard _v._ White, 1 Starkie. 171. - -[59] Bacon’s Abr. Inns, C. - -[60] Ambler _v._ Skinner, 7 Rob. (N. Y.) 561. - -[61] Wade _v._ Thayer, 40. Cal. 578. - -[62] Lane _v._ Ironmonger, 13 Mees. & W. 368. - -[63] Atkins _v._ Carwood, 7 Car. & P. 759. - -[64] Freestone _v._ Butcher, 9 Car. & P. 643. - -[65] Parke _v._ Kleeber, 37 Pa. St. 251. - -[66] Gilman _v._ Andrus, 28 Vt. 241. - -[67] Wood _v._ Kelly, 8 Cush. 406. - -[68] Carpenter _v._ Taylor, 1 Hilt. (N. Y.) 193. - -[69] Regina _v._ Rymer, L. R. 2 Q. B. D. 136. - -[70] Bennett _v._ Mellor, 5 T. R. 276. See, also, Houser _v._ Tully, 62 -Pa. St. 92. - -[71] Southcote _v._ Stanley, 1 Hurl. & N. 247. - -[72] Per Pollock, B. C. - -[73] Ibid. - -[74] Southcote _v._ Stanley, _supra_. - -[75] Doyle _v._ Walker, 26 Q. B. (Ont.) 502. - -[76] Fell _v._ Knight, 8 Mees. & W. 276. - -[77] Lane _v._ Dixon, 3 M. G. & S. 784. - -[78] Doyle _v._ Walker, _supra_. - -[79] Fell _v._ Knight, 8 Mees. & W. 276. - -[80] McDonald _v._ Edgerton, 5 Barb. (N. Y.) 560 - -[81] Bacon’s Abr. Inns, C; Gelley _v._ Clark, Cro. J. 188. - -[82] Murray _v._ Clarke, 2 Daly, (N. Y.) 102. - -[83] For answer, see page 103. - -[84] Regina _v._ Rymer, L. R. 2 Q. B. D. 141. - -[85] Kent _v._ Shuckard, 2 Barn. & Adol. 803. - -[86] Cashill _v._ Wright, 6 El. & B. 89. - -[87] Year Book, 10 Henry VII, 26. - -[88] Morgan _v._ Ravey, 6 Hurl. & N. 265. - -[89] Ibid. - -[90] Shaw _v._ Berry, 31 Me. 478; Sibley _v._ Aldrich, 33 N. H. 553. - -[91] Kellogg _v._ Sweeney, 1 Lans. (N. Y.) 397. - -[92] Rockwell _v._ Proctor, 39 Ga. 105. - -[93] Wilde, J., Mason _v._ Thompson, 9 Pick. 280. - -[94] Jones on Bailments, pp. 95-96. - -[95] Wharton on Innkeepers, p. 88. - -[96] Cayle’s Case; Packard _v._ Northcraft, 2 Met. (Ky.) 439; Norcross -_v._ Norcross, 53 Me. 163; Burrows _v._ Truber, 21 Md. 320; McDonald -_v._ Edgerton, 5 Barb. 560; Coykendall _v._ Eaton, 55 Barb. 188. - -[97] Hallenbake _v._ Fish, 8 Wend. 547. - -[98] Chute _v._ Wiggins, 14 Johns. 175. - -[99] Epps _v._ Hinds, 27 Miss. 657; Simon _v._ Miller, 7 La. An. 368. - -[100] Candy _v._ Spencer, 3 Fost. & F. 306. - -[101] Bennett _v._ Mellor, 5 Term. Rep. 273. - -[102] Johnson _v._ Richardson, 17 Ill. 302; Piper _v._ Hall, 14 La. An. -324; Profilet _v._ Hall, Ibid. 524. - -[103] Saunders _v._ Spencer, Dyer, 266a; Wilson _v._ Halpin, 30 How. -Pr. 124; Packard _v._ Northcraft, 2 Met. (Ky.) 439; Fuller _v._ Coats, -18 Ohio St. 343. - -[104] Stanton _v._ Leland, 4 E. D. Smith, 88; Kellogg _v._ Sweeney, 1 -Lans. N. Y. 397. - -[105] Van Wyck _v._ Howard, 12 How. Pr. 147. - -[106] Profilet _v._ Hall, 16 La. An. 524. - -[107] Morgan _v._ Ravey, 30 L. J. Exch. 131, per Wilde, B.; 6 Hurl. & -N. 265. - -[108] Bernstein _v._ Sweeny, 33 N. Y. Sup. Ct. 271. See, also, Kent -_v._ Midland Rwy. L. R. 10 B. 1; Henderson _v._ Stevenson, L. R. 2 -Scotch & D. 470. - -[109] Purvis _v._ Coleman. 21 N. Y. 111. - -[110] Farnsworth _v._ Packwood, 1 Stark. 249; Packard _v._ Northcraft, -2 Met. (Ky.) 439; Vance _v._ Throckmorton, 5 Bush, (Ky.) 41. - -[111] Farnsworth _v._ Packwood, _supra_. - -[112] Burgess _v._ Clements, 4 Maule & S. 307. - -[113] Packard _v._ Northcraft, 2 Met. (Ky.) 439. - -[114] Richmond _v._ Smith, 8 Barn. & C. 9. - -[115] Richmond _v._ Smith, 8 Barn. & C. 9. - -[116] Jailei _v._ Cardinal, 35 Wis. 118. - -[117] Dessauer _v._ Baker, 1 Wilson (Ind.) 429. - -[118] Milford _v._ Wesley, 1 Wilson (Ind.) 119. - -[119] Walsh _v._ Porterfield, Sup. Ct. Pa. 19 Alb. L. J. 376. - -[120] Bacon, Abridg., vol. 4, p. 448. - -[121] McDonald _v._ Edgerton, 5 Barb. 560; Bennett _v._ Mellor, 5 T. R. -274. - -[122] Per Cockburn, C. J., Atkinson _v._ Sellars, 5 C. B. N. S. 442. - -[123] Walling _v._ Potter, 35 Conn. 183. - -[124] Grinnell _v._ Cook, 3 Hill, (N. Y.) 486. - -[125] Carter _v._ Hobbs, 12 Mich. 52. - -[126] Gelley _v._ Clarke, Cro. Jac. 188; Orange Co. Bank _v._ Brown, 9 -Wend. 114. - -[127] York _v._ Grindstone, 1 Salk. 388; Mason _v._ Thompson, 9 Pick. -280; Peet _v._ McGraw, 25 Wend. 653. - -[128] Ingalsbee _v._ Woods, 33 N. Y. 577; Parsons on Contracts, vol. 2, -p. 153. - -[129] York _v._ Grindstone, _supra_. - -[130] McDaniels _v._ Robinson, 26 Vt. 316. - -[131] Parkhurst _v._ Foster, Sal. 388. - -[132] Pinkerton _v._ Woodward, 33 Cal. 557. - -[133] Shoecraft _v._ Bailey, 25 Iowa, 553; Berkshire Woollen Co. _v._ -Proctor, 7 Cush. 417; Hall _v._ Pike, 100 Mass. 495. - -[134] Chamberlain _v._ Masterson, 26 Ala. 371; Manning _v._ Wells, 9 -Humph. 746; Ewart _v._ Stark, 8 Rich. 423; Hursh _v._ Beyers, 29 Mo. -469; Parkhurst _v._ Foster, Sal. 388. - -[135] Parker _v._ Flint, 12 Mod. 255. - -[136] Lusk _v._ Belote, 22 Minn. 468. - -[137] Wintermate _v._ Clarke, 5 Sandf. 262; Lawrence _v._ Howard, 1 -Utah T. 142. - -[138] McDaniels _v._ Robinson, 28 Vt. 387. - -[139] Corkindale _v._ Eaton, 40 How. N. Y. Pr. 266. - -[140] Sasseen _v._ Clark, 37 Ga. 242. - -[141] Giles _v._ Fauntleroy, 13 Md. 126. - -[142] Adams _v._ Clenn, 41 Ga. 65. - -[143] Stanton _v._ Leland, 4 E. D. Smith, 88. - -[144] Bendetson _v._ French, 46 N. Y. 266; Kellogg _v._ Sweeney, Ibid. -291. - -[145] Good _v._ Elliott, 3 T. R. 693. - -[146] Da Costa _v._ Jones, Cowper, 729. - -[147] McAllister _v._ Haden. 2 Campb. 436. - -[148] Hussey _v._ Crickett, 3 Campb. 160. - -[149] Earl of March _v._ Pigot, 5 Burr. 2802. - -[150] Squires _v._ Whisken, 3 Camp. 140. - -[151] See 8 and 9 Vict., chap. 109. - -[152] Savage _v._ Madden, 36 L. J. Ex. 178. - -[153] Hampden _v._ Walsh, L. R. 1 Q. B. Div. 189. - -[154] Ruchman _v._ Pitcher, 1 Comst. 392. - -[155] Garrison _v._ McGregor, 51 Ill. 473; Adkins _v._ Fleming, 29 -Iowa, 122; Searle _v._ Prevost, 4 Houst. (Del.) 467. But see Johnston -_v._ Russell, 37 Cal. 670. - -[156] Eldred _v._ Malloy, 2 Col. 320. - -[157] Parsons on Contracts, vol. 2, p. 756. - -[158] Yates _v._ Foot, 12 Johns. 1. - -[159] Johnson _v._ Russell, 37 Cal. 670. - -[160] Wharton on Innkeepers, 62. - -[161] Rex _v._ Ashton, 22 L. J. M. C. 1. - -[162] Danford _v._ Taylor, 22 L. T. Rep. 483; Foot _v._ Baker, 6 Scott -N. R. 301. - -[163] Searle _v._ St. Martins’ J. J. 4 J. P. 276; Avards _v._ Dunce, 26 -J. P. 437. - -[164] Patten _v._ Rhymer, 29 L. J. M. C. 189. - -[165] Wharton, 81. - -[166] Lester _v._ Torrens, L. R. 2 Q. B. Div. 403. - -[167] Bew _v._ Harston, L. R. 3 Q. B. Div. 454. - -[168] 13 Geo. II, chap. 19. - -[169] 8 and 9 Vict. chap. 109. sec. 1. - -[170] Wharton, 65. - -[171] Abinger, C. B., in McKinnell _v._ Robinson, 3 M. & W. 439. - -[172] Tanner _v._ Albion, 5 Hill, 128; but see People _v._ Sargeant, 8 -Cowen, 139. - -[173] McDaniels _v._ Commonwealth, 6 Bush. 326. - -[174] Neal’s Case, 22 Gratt. 917. - -[175] Enbanks _v._ State, 3 Hersk. 488. - -[176] Graham _v._ Peat, 1 East, 246. - -[177] Doyle _v._ Walker, 26 U. C. R. 502. - -[178] Cayle’s Case, 8 Co. 32. - -[179] Lasseen _v._ Clark, 37 Ga. 242. - -[180] Pullman Palace Car Co. _v._ Smith, 73 Ill. 360. - -[181] Morgan _v._ Ravey, 6 Hurl. & N. 265. - -[182] Ibid. - -[183] Giles _v._ Libby, 36 Barr. 70. But see Hyatt _v._ Taylor, 51 -Barb. 632, and Rosenplanter _v._ Roessle, 54 N. Y. 262. - -[184] Bodwell _v._ Bragg, 29 Iowa, 232. - -[185] Morgan _v._ Ravey, 30. L. J. Ex. 131. - -[186] Bernstein _v._ Sweeney, 33 N. Y. Sup. Ct. 271. - -[187] Imp. Stat., 26 and 27 Vict., chap. 41, sec. 1. A similar statute -is in force in Ontario, only the money is limited to forty dollars. (37 -Vict. O., chap 11, secs. 1-4.) - -[188] Statutes of 1855, chap. 421. - -[189] Wisconsin has a like law. (Laws of 1864, chap. 318.) - -[190] Spice _v._ Bacon, L. R. 2 Ex. Div. 463; 16 A. L. J. 385. - -[191] Remaly _v._ Leland, 43 N. Y. 538; Kellogg _v._ Sweeney, 1 Lans. -N. Y. 397. - -[192] Remaly _v._ Leland, _supra_. - -[193] Bernstein _v._ Sweeney, 35 N. Y. 271; Krohn _v._ Sweeney, 2 Daly, -N. Y. 200; Milford _v._ Wesley, 1 Wilson, (Ind.) 119. - -[194] Stewart _v._ Parsons, 24 Wis. 241. - -[195] Giles _v._ Libbey, 36 Bar. 70. - -[196] Rosenplanter _v._ Roessle, 54 N. Y. 262. - -[197] Rosenplanter _v._ Roessle, 54 N. Y. 262; Bendetson _v._ French, -46 N. Y. distinguished. - -[198] 11 Can. Law Jour. N. S. 103. - -[199] Pope _v._ Hall, 14 La. An. 324. - -[200] Hawkins _v._ Hoffman, 6 Hill, 586. - -[201] Macrow _v._ G. W. Rw. L. R. 6 Q. B. 622. - -[202] Wilkins _v._ Earle, 18 Abb. N. Y. 190. - -[203] Brooke _v._ Pickwick, 4 Bing. 218; McGill _v._ Rowand, 3 Penn. -St. 451. - -[204] Nevins _v._ Bay State S. B. Co. 4 Bosw. 589. - -[205] Jones _v._ Voorhes, 10 Ohio, 145; Miss. C. Rw. _v._ Kennedy, 41 -Miss. 471. - -[206] Bonner _v._ Maxwell, 9 Humphrey, 621. - -[207] McCormick _v._ Hudson River Rw. 4 E. D. Smith, 181. - -[208] Giles _v._ Fauntleroy, 13 Md. 126. - -[209] Brutz _v._ G. T. R. 32 U. C. Q. B. 66. - -[210] Re H. M. Wright, Newberry Admiralty; Sasseen _v._ Clark, 37 Ga. -242. - -[211] Toledo & Wabash Riv. _v._ Hammond, 33 Ind. 379. - -[212] Sasseen _v._ Clark, 37 Ga. 242. - -[213] Wood _v._ Devon, 13 Ill. 746. - -[214] Davis _v._ C. & S. Rw. 10 How. Pr. 330. - -[215] Giles _v._ Fauntleroy, 13 Md. 126. - -[216] Hudston _v._ Midland Rw. L. R. 4 Q. B. 366. - -[217] Hawkins _v._ Hoffman, 6 Hill, N. Y. Rep 589. - -[218] Gt. W. Rev. _v._ Shepherd, 8 Ex. 38. But see Bell _v._ Drew, 4 E. -D. Smith, 59. - -[219] Hopkins _v._ Westcott, 7 Am. Law. Reg. N. S. 533. - -[220] Mytton _v._ Midland Rw. 4 H. & N. 615. - -[221] Macrow _v._ Gt. W. Rw. L. R. 6 Q. B. 622, Cockburn, C. J. - -[222] Brutz _v._ G. T. Rw. 32 U. C. Q. B. 66. - -[223] Porter _v._ Hildebrand, 14 Pa. St. 129. - -[224] Brutz _v._ G. T. R. _supra_. - -[225] Gilox _v._ Shepherd, 8 Ex. 30; Pardee _v._ Drew, 25 Wend. 459; -Shaw _v._ G. T. Rw. 7 U. C. C. P. 493. - -[226] Belfast B. L. & C. Rw. _v._ Keys, 9 Ho. Lords Cas. 556; Hawkins -_v._ Hoffman, 6 Hill, 586. - -[227] Phelps _v._ London & N. W. Rw. 19 C. B. N. S. 321. - -[228] Ibid. - -[229] Giles _v._ Fauntleroy, 13 Md. 126. - -[230] Brutz _v._ G. T. Rw. _supra_. - -[231] Shoecraft _v._ Bailey, 25 Iowa, 553. - -[232] Weiseinger _v._ Taylor, 1 Bush, 275. - -[233] Maltby _v._ Chapman, 25 Md. 307; a decision under Md. Code, art. -70, secs. 5, 6. - -[234] Taylor _v._ Monnot, 4 Duer, (N. Y.) 116; Van Wyck _v._ Howard, 12 -How. (N. Y.) Pr. 147; Stanton _v._ Leland, 4 E. D. Smith, (N. Y.) 88; -Simon _v._ Miller, 7 La. An. 360. - -[235] Hyatt _v._ Taylor, 51 Barb. N. Y. 632; 42 N. Y. 259. - -[236] Wilkins _v._ Earle, 18 Abb. N. Y. 190. - -[237] Wilkins _v._ Earle, 44 N. Y. 172. - -[238] Story’s Commentaries, sec. 481. - -[239] Commentaries, sec. 470. - -[240] 1 Black. Com. 430. - -[241] Kent _v._ Shuckard, 2 B. & Ad. 803. - -[242] Per McCann, J., Wilkins _v._ Earle. - -[243] Orange Co. Bank _v._ Brown, 9 Wend. 85; Weed _v._ Saratoga & Sch. -Rw. 19 Wend. 524; Red. on Railways, vol. 2, pp. 55, 58. - -[244] Coggs _v._ Barnard, 1 Sm. Leading Cases, 309; Lane _v._ Cotton, -12 Mod. 487; Wharton on Innkeepers, 97. - -[245] Cole _v._ Goodwin, 19 Wend. - -[246] Quintin _v._ Courtney. Hay. (N. C.) 41. - -[247] Giles _v._ Libby, 36 Barb. 70. - -[248] Berkshire Woollen Co. _v._ Proctor, 7 Cush. 417. - -[249] Pinkerton _v._ Woodward, 33 Cal. 557. - -[250] Bendeton _v._ French, 44 Barb. 31. - -[251] Woodward _v._ Bird, 4 Bush. (Ky.) 510. - -[252] Houser _v._ Tulley, 62 Pa. St. 92. - -[253] Sneider _v._ Geiss, 1 Yeates, 24. - -[254] Rosenplanter _v._ Roessle, 54 N. Y. 262; Bendetson _v._ French, -46 N. Y. - -[255] Stanton _v._ Leland, 4 E. D. Smith, 88. - -[256] Wharton on Negligence, secs. 50, 730. - -[257] Wharton on Neg. sec. 732; Hood. _v._ Grimes, 13 B. Mon. 188. - -[258] Ritchey _v._ West, 23 Ill. 385. - -[259] Wharton on Negligence, secs. 437, 641. - -[260] Wharton on Negligence, sec. 731. - -[261] Jones on Bailments, 88. - -[262] Addison on Contracts, 415. - -[263] Wharton on Negligence, sec. 713. - -[264] Mitchum _v._ The State, 45 Ala. 29. - -[265] Merrill _v._ Claghorn, 23 Vt. 177; also Vance _v._ Throckmorton, -5 Bush. (Ky.) 41. - -[266] Dawson _v._ Chamney, 5 Q. B. (N. S.) 164. - -[267] Cutler _v._ Bonney, 30 Mich. 259. - -[268] Mateer _v._ Brown, 1 Cal. 225; Wharton on Neg. p. 111. - -[269] Hulett _v._ Swift, 33 N. Y. 571. - -[270] Faucett _v._ Nicholls, 64 N. Y. 377. - -[271] Mateer _v._ Brown, 1 Cal. 221. - -[272] Dale _v._ Hall, 1 Wils. 281. - -[273] Kay _v._ Wheeler, L. R. 2 C. P. 302. - -[274] Carstairs _v._ Taylor, Law R. 6 Ex. 217. - -[275] Carstairs _v._ Taylor, _supra_. - -[276] Ibid. per Bramwell, J. - -[277] McKome _v._ Word, 5 Car. & P. 1. - -[278] McDaniels _v._ Robinson, 26 Vt. 311; Morse _v._ Shee, 1 Vent. -190, 238. - -[279] Mateer _v._ Brown, 1 Cal. 221; Norcross _v._ Norcross, 53 Me. -163; Pinkerton _v._ Woodward, 33 Cal 557. - -[280] Mateer _v._ Brown, _supra_. See, also, Mason _v._ Thompson, 9 -Pick. 284. - -[281] Story on Bailments, sec. 17. - -[282] Rolfe, B. in Wilson _v._ Brett, 11 M. & W. 110; Austin _v._ -Manchester &c. Railway, 10 C. B. 474. - -[283] Fowler _v._ Dorlon, 24 Barb. 384. - -[284] Armistead _v._ White, 29 Law J. Q. B. 524. - -[285] Cashill _v._ Wright, 6 El. & B. 898. - -[286] Chamberlain _v._ Masterson, 26 Ala. 371; Hadley _v._ Upshaw, 27 -Tex. 547; Profiles _v._ Hall, 11 La. An. 324. - -[287] Kelsey _v._ Berry, 42 Ill. 469; Cayle’s Case, 8 Coke, 32. - -[288] 1 Andess. 29. - -[289] Bennett _v._ Mellor, 5 T. R. 273. - -[290] Erle, J., in Cashill _v._ Wright, 6 El. & B. 895. - -[291] Cayle’s Case, 8 Coke, 32. - -[292] Mitchell _v._ Woods, 16 L. T. Rep. N. S. 676; Filipourke _v._ -Merryweather, 2 Fost. & F. 285. - -[293] Spice _v._ Bacon, 16 Alb. L. J. 386. - -[294] Classen _v._ Leopold, 2 Sweeney, (N. Y.) 705. - -[295] Baddenberg _v._ Benner, 1 Hilt. (N. Y.) 84. - -[296] Burgess _v._ Clements, 4 Moore & S. 306. - -[297] Pettigrew _v._ Barnum, 11 Md. 434; Giles _v._ Fauntleroy, 13 Md. -126. - -[298] Burgess _v._ Clements, _supra_. - -[299] Per Montague Smith, J.; Oppenheim _v._ White Lion Hotel Co. L. R. -6 C. P. 515. - -[300] Cayle’s Case. - -[301] Oppenheim _v._ White Lion Hotel Co. _ante._ - -[302] Jones _v._ Tyler, 1 Ad. & E. 522. - -[303] Taunton, J., in Jones _v._ Tyler. - -[304] Piper _v._ Manny, 21 Wend. 283. - -[305] Story on Bailments, sec. 478. - -[306] Chute _v._ Wiggins, 14 Johnson, 175. - -[307] Parsons on Contracts, vol. 2, p. 169. - -[308] Dickenson _v._ Rodgers, 4 Humph. (Tenn.) 179. - -[309] Seymour _v._ Cook, 53 Barb. 451. - -[310] Metcalf _v._ Hess, 14 Ill. 129; Hill _v._ Owen, 5 Blackf. (Ind.) -323. - -[311] Thickstern _v._ Howard, 8 Blackf. 535. - -[312] Jordan _v._ Boone, 5 Rich. 528. - -[313] Washburn _v._ Jones, 14 Barb. 193. - -[314] Dawson _v._ Chamney, 52 B. 33. - -[315] Wharton on Innkeepers, p. 111; Matier _v._ Brown, 1 Cal. 221. - -[316] Cayle’s Case, 8 Rep. 32; Hawley _v._ Smith, 25 Wend. 642. - -[317] Story on Bailments, sec. 478. - -[318] Saunders _v._ Plummer, Orl. Bridg. 227. - -[319] Mason _v._ Thompson, 9 Pickering, 280. - -[320] Bennet _v._ Mellor, 5 T. R. 273. - -[321] Wintermute _v._ Clarke, 5 Sandf. 242; Smith _v._ Dearlove, 6 C. -B. 132. - -[322] Peel _v._ McGraw, 25 Wendell, 653; York _v._ Grindstone, 1 Salk. -388; Sturt _v._ Dromgold, 3 Bulst. 289. But see Grinnell _v._ Cook, 3 -Hills, N. Y. 686; Ingallsbee _v._ Wood, 33 N. Y. 577; 36 Barb. N. Y. -425; Nowers _v._ Fethers, 61 N. Y. 34; Healey _v._ Gray, 68 Me. 489. - -[323] Mason _v._ Thompson, _supra_. - -[324] Bacon’s Abr. Inns and Innkeepers, C. - -[325] Bacon, _supra_. - -[326] 21 Jac. I, chap. 21, sec. 2. - -[327] 1 Hawk. 225. - -[328] Cayle’s Case, 8 Rep. 32; Stammin _v._ Davis, 1 Salk. 404. - -[329] Rosse _v._ Bramstead, 2 Rol. Rep. 438; Bac. Abr. vol. 4, p. 411; -Parsons on Contracts, vol. 3, p. 250. But see Mulliner _v._ Florence, -L. R. 3 Q. B. D. 454. - -[330] Moss _v._ Townsend, 1 Bulstr. 207. But see Story on Bailments, -sec. 476. - -[331] Story on Bailments, sec. 476. - -[332] Allan _v._ Smith, 12 C. B., N. S. 638. - -[333] Jones _v._ Thurloe, 8 Mod. 172; Jones _v._ Pearle, 1 Strange, -556; Parsons on Contracts, vol. 3, p. 250. - -[334] Ross _v._ Bramstead, 2 Rol. Rep. 438. - -[335] York _v._ Grindstone, 2 Ld. Raym. 866. But see Fox _v._ McGregor, -11 Barb. (N. Y.) 41; Saint _v._ Smith, 1 Caldw. (Tenn.) 51. - -[336] Gilbert _v._ Berkeley, Skin. 648. And see Scarfe _v._ Morgan, 4 -M. & W. 270; and Somes _v._ B. Emp. Ell. Bl. & Ell. 353. - -[337] Westbrooke _v._ Griffith, Moor. 876; Jones _v._ Thurloe, 8 Mod. -172; Mulliner _v._ Florence, L. R. 3 Q. B. D. 489. - -[338] Westbrooke _v._ Griffith, _supra_. - -[339] Idem. - -[340] Jones _v._ Pearle, Str. 556; Thames I. W. Co. _v._ Pat. Derrick -Co. 1 Johns. & W. 97; 27 L. J. C. 714; Mulliner _v._ Florence, L. R. 3 -Q. B. D. 484. - -[341] Wharton on Innk. 122; Cross on Lien, 345 _n_. - -[342] Fox _v._ McGregor, 4 Barb. 41; Hickman _v._ Thomas, 16 Ala. 666; -Miller _v._ Marston, 85 Me. 153. - -[343] York _v._ Grenaugh, 2 Ld. Raym. 866; Robinson _v._ Walker, Pop. -127. - -[344] Turrill _v._ Crawley, 13 Ad. & E. (N. S.) 197; Manning _v._ -Hollenbeck. 27 Wis. 202. - -[345] See, also, Johnson _v._ Hill, 3 Stark. 172. - -[346] Wharton, p. 120; Stirt _v._ Drungold, 3 Bulst. 289. But see -Mulliner _v._ Florence, L. R. 3 Q. B. D. 484. - -[347] Burns _v._ Pigot, 9 C. & P. 208. - -[348] Grinnell _v._ Cook, 3 Hill, (N. Y.) 486. - -[349] Dixon _v._ Dalby, 9 U. C. Q. B. 79. - -[350] Grammell _v._ Schley, 41 Ga. 112. - -[351] Judson _v._ Etheridge, 1 C. & M. 743; Anderson _v._ Bell, 2 C. & -M. 304; Parsons on Contracts, vol. 3, p. 250. - -[352] Kinlock _v._ Craig, 3 L. R. 119; Taylor _v._ Robinson, 8 Taunt. -648; Jackson _v._ Cummins, 5 M. & W. 342. - -[353] Orchard _v._ Rackstraw, 9 C. B. 698; Hickman _v._ Thomas, 16 Ala. -666; Thickstein _v._ Howard, 8 Blackf. 535. - -[354] Mason _v._ Thompson, 9 Pick. 280. - -[355] Smith _v._ Dearlove, 6 C. B. 132. - -[356] Wallace _v._ Woodgate, 1 Ryan & M. 193. - -[357] Jacobs _v._ Latour, 2 M. & P. 20; 5 Bing. 130; Jackson _v._ -Cummins, 5 M. & W. 342; Harris _v._ Woodruff, 124 Mass. 205. - -[358] Sunbolf _v._ Alford, 3 M. & W. 254; Parsons on Contracts, vol. 3, -p. 250. - -[359] Ibid. - -[360] Bacon’s Abr. Inns. D. - -[361] Newton _v._ Trigg, 1 Shower, 269. - -[362] Sunbolf _v._ Alford, 3 Mees. & W. 248. - -[363] Mulliner _v._ Florence, L. R. 3 Q. B. D. 485. - -[364] Drope _v._ Thaire, Latch, 127; Grinstone _v._ Innkeeper, Hetl. -49; Pollock _v._ Landis, 36 Iowa, 651; Hursh _v_. Byers, 29 Mo. 469; -Ewart _v._ Stark, 8 Rich. (S. C.) 423. - -[365] Wintermute _v._ Clarke, 5 Sandf. 242. - -[366] Wharton, p. 123. - -[367] Berkshire Co. _v._ Proctor, 7 Cush. 417. - -[368] Trelfall _v._ Borwick, 41 Law J. Q. B. 266; affirmed, L. R. 10 Q. -B. (Exch.) 210. - -[369] Bennett _v._ Mellor, 5 T. R. 273. - -[370] Allen _v._ Smith, 12 Com. B. N. S. 638; Peet _v._ McGraw, 25 -Wend. 654. - -[371] Johnson _v._ Hill, 3 Stark. 172; Kent _v._ Shuckard, 2 Barn. & -Adol. 805. - -[372] Johnson _v._ Hill, _supra_. - -[373] Domestic Sewing Machine Co. _v._ Walters, 50 Ga. 573. - -[374] Broadwood _v._ Granara, 10 Ex. 423. See, also, Carlisle _v._ -Quattlebaum, 2 Bail. 452; Fox _v._ McGregor, 11 Barb. 41. - -[375] Cross on Lien, p. 30; Snead _v._ Watkins, 1 Com. B. N. S. 267. - -[376] Byall _v._ ----, Atk. 165. See, also, Chapter VII. - -[377] Manning _v._ Hollenbeck, 27 Wis. 202. - -[378] Dicas _v._ Stockley, 7 Car. & P. 587; Bristol _v._ Wilsmore, 1 -Barn. & C. 514. - -[379] Ratcliff _v._ Davies, Cro. Jac. 244. - -[380] Gordon _v._ Cox, 7 Car. & P. 172. - -[381] Per Willes J., Allen _v._ Smith, 12 Com. B. N. S. 644. - -[382] Owen _v._ Knight, 5 Scott, 307. - -[383] Hodgson _v._ Loy, 7 T. R. 660. - -[384] Horncastle _v._ Farran, 2 Barn. & Ald. 497. - -[385] Case _v._ Fogg, 46 Mo. 66; Thames Iron W. Co. _v._ Patent Derrick -Co. 1 Johns. & W. 97; Mulliner _v._ Florence L. R. 3 Q. B. 484. - -[386] Proctor _v._ Nicholson, 7 Car. & P. 67. - -[387] Watson _v._ Cross, 2 Duv. (Ken.) 147. - -[388] Somes _v._ British Emp. Sh. Co. 8 H. L. Cas. 338; El. B. & E. -353. But see, in cases of horses, p. 129. - -[389] Clayton _v._ Butterfield, 10 Rich. 423. - -[390] Dansey _v._ Richardson, 3 El. & Bl. 144. - -[391] Holder _v._ Soulby, 8 C. B. N. S. 254. - -[392] Idem--Earle, C. J. - -[393] Manning _v._ Wells, 9 Humph. 746. - -[394] Johnson _v._ Reynolds, 3 Ken. 257. See, also, Chamberlain _v._ -Masterson, 26 Ala. 371. - -[395] Smith _v._ Reed, 6 Daly, 33. - -[396] Soltan _v._ De Held, 2 Sim. N. S. 133. - -[397] State _v._ Linkham, 69 N. C. 214. - -[398] State _v._ Hughes, 72 N. C. 25. - -[399] State _v._ Powell, 70 N. C. 67. - -[400] Newton _v._ Harland, 1 M. & G. 644. - -[401] De Witt _v._ Pierson, 112 Mass 8. - -[402] Dansey _v._ Richardson, 3 El. & B. 144. - -[403] Cady _v._ McDowell, 1 Lans. (N. Y.) 484. - -[404] Pinkerton _v._ Woodward, 33 Cal. 557. - -[405] Thompson _v._ Lacy, 3 Barn. & Adol. 283. - -[406] Willard _v._ Reinhardt, 2 E. D. Smith, 148. - -[407] Wharton on Innkeepers, 123. - -[408] Benner _v._ Welburn, 7 Ga. 296, 307; Southwood _v._ Myers, 3 -Bush, 681. - -[409] Stewart _v._ McCready, 24 How. Pr. 62; Jones _v._ Merrill, 42 -Barb. 623; Cross _v._ Wilkins, 43 N. H. 332; Nichols _v._ Holliday, 29 -Wis. 406. - -[410] Brooks _v._ Harrison, 41 Conn. 184. - -[411] Wright _v._ Stewart, 29 Law J. Q. B. 161. - -[412] 2 and 3 Edw. VI, chap. 19. - -[413] 5 Eliz. chap. 5, sec. 15. - -[414] Woodfall, Landlord and Tenant. But see Wright _v._ Stewart, 6 -Jur. N. S. 867. - -[415] Woodfall, Landlord and Tenant. But see Wright _v._ Stewart, 6 -Jur. N. S. 867. - -[416] Parsons on Contracts, vol. 1, p. 517. - -[417] Baynes _v._ Smith, 1 Esp. 206. - -[418] Bisset _v._ Caldwell, 1 Esp. 206, n. - -[419] Woodfall, Landlord and Tenant, 384. - -[420] Parsons on Contracts, vol. 1, p. 518. - -[421] Archer _v._ Wetherell, 4 Hill (N. Y.) 112. - -[422] 34 and 35 Vict. chap. 79; Phillips _v._ Henson, L. R. 3 C. P. D. -26. - -[423] Hunter _v._ Hunt, 1 Com. B. 300. - -[424] Mechelen _v._ Wallace, 7 Ad. & E. 49; Vaughan _v._ Hancock, 3 -Com. B. 766. - -[425] Ross _v._ Fedden, 7 Q. B. 661. - -[426] Culverwell _v._ Lockington, 24 C. P. (Ont. 611.) - -[427] Jaffe _v._ Harteau, 56 N. Y. 398. - -[428] Kimmell _v._ Burfiend, 2 Daly (N. Y.), 155. - -[429] Carstairs _v._ Taylor, L. R. 6 Ex. 223. - -[430] Stapenhurst _v._ Am. Man. Co. 15 Abb. Pr. N. S. 355; Simonton -_v._ Loring, 68 Me. 164. - -[431] Arden _v._ Pullen, 10 Mees. & W. 321; Keates _v._ Cadogan, 10 C. -B. 591; Gott _v._ Gandy, 2 El. & B. 845; Wiltz _v._ Matthews, 52 N. Y. -512; Taffe _v._ Harteau, 56 N. Y. 398. - -[432] Scott _v._ Simons, 54 N. H. 426. - -[433] Clancy _v._ Byrne, 56 N. Y. 129. - -[434] Izon _v._ Gorton, 5 Bing. N. C. 501; 7 Scott, 537. - -[435] Surplice _v._ Farnsworth, 7 M. & G. 576. - -[436] Maclennan _v._ Royal Ins. Co. 39 Q. B. (Ont.) 515. - -[437] Underwood _v._ Burrows, 7 Car. &. P. 26. - -[438] Idem. - -[439] Smith _v._ Marrable, 11 Mees. & W. 5; Add. on Con. 375-6. - -[440] Hart _v._ Windsor, 11 Mees. & W. 68; Sutton _v._ Temple, Ibid. -57; Searle _v._ Laverick, Law R. 9 Q. B. 131; McGlasham _v._ Tallmadge, -37 Barb. 313. - -[441] Hart _v._ Windsor, _supra_. - -[442] Wilson _v._ Finch Hatton, L. R. 2 Ex. D. 343. - -[443] Dutton _v._ Gerrish, 63 Mass. 94. - -[444] Sutton _v._ Temple, _supra_. - -[445] Westlake _v._ De Graw, 25 Wend. 669. - -[446] Wilson _v._ Finch Hatton, L. R. 2 Ex. D. 336. - -[447] Smith _v._ Marrable, 11 Mees. & W. 5. - -[448] Minor _v._ Sharon, 112 Mass. 477. - -[449] Add. on Contracts, 377. - -[450] Izon _v._ Gorton, 5 Bing. N. C. 501; 7 Scott, 537; Parker _v._ -Gibbons, 1 Q. B. 421; Fowler _v._ Payne, 49 Miss. 32. - -[451] Newman _v._ Anderton, 2 Bos. & P. N. R. 224; Cadogan _v._ Kennet, -Cowp. 432. - -[452] Ibid. - -[453] Newman _v._ Anderton, _supra_. - -[454] Ernot _v._ Cole, Dyer, 212b; Cadogan _v._ Kennet, _supra_. But -see Salmon _v._ Matthews, 8 Mees. & W. 827. - -[455] Parry _v._ Hazell, 1 Esp. 64; Peacock _v._ Raffan, 6 Esp. 4; Doe -_v._ Bayley, 6 East, 121; Woodfall, 8 Ed. 176. - -[456] Huffell _v._ Armstead, 7 Car. & P. 56; Peacock _v._ Raffan, 6 -Esp. 4; Towne _v._ Campbell, 3 Com. B. 94. - -[457] People _v._ Giolet, 14 Abb. Pr. N. S. 130. - -[458] Jones _v._ Mills, 10 Com. B. N. S. 788. - -[459] Finlayson _v._ Bayley, 5 Car. & P. 67. - -[460] Huffell _v._ Armistead, 7 Car. & P. 56. - -[461] Walls _v._ Atcheson, 3 Bing. 462. - -[462] Griffith _v._ Hodges, 2 Car. & P. 419. - -[463] Bethett _v._ Blencome, 3 M. & G. 119. - -[464] Ricket _v._ Tullick, 6 Car. & P. 66. - -[465] Doupe _v._ Genin, 45 N. Y. 119. - -[466] Lane _v._ Dixon, 3 M. G. & S. 776. - -[467] Hartley _v._ Bloxham, 3 Q. B. 701. - -[468] Lane _v._ Dixon, _supra_, per Cresswell, J. - -[469] Nowlan _v._ Nevor, 2 Sweeny, (N. Y.) 67. - -[470] Pool _v._ Higinson, 18 Alb. L. J. 82. - -[471] Mellish, L. J. L. 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Vashon (Robert Vashon) Rogers</div> - -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: The Law of Hotel Life</p> -<p style='display:block; margin-top:0; margin-bottom:1em; margin-left:2em; text-indent:0;'>or the Wrongs and Rights of Host and Guest</p> - -<div style='display:block; margin-top:1em; margin-bottom:1em; margin-left:2em; text-indent:-2em'>Author: R. Vashon (Robert Vashon) Rogers</div> - -<div style='display:block; margin:1em 0'>Release Date: December 22, 2021 [eBook #66992]</div> - -<div style='display:block; margin:1em 0'>Language: English</div> - -<div style='display:block; margin:1em 0'>Character set encoding: UTF-8</div> - -<div style='display:block; margin-left:2em; text-indent:-2em'>Produced by: Chuck Greif and the Online Distributed Proofreading Team at http://www.pgdp.net (This file was produced from images available at The Internet Archive)</div> - -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE LAW OF HOTEL LIFE ***</div> -<hr class="full" /> - -<div class="c"> -<a href="images/cover.jpg"> -<img src="images/cover.jpg" height="500" alt="" /></a> -</div> - -<p><span class="pagenum"><a name="page_i" id="page_i">{i}</a></span>  </p> - -<p><span class="pagenum"><a name="page_ii" id="page_ii">{ii}</a></span>  </p> - -<p><span class="pagenum"><a name="page_iii" id="page_iii">{iii}</a></span>  </p> - -<p class="cb"><span class="smcap"> -<img src="images/law.png" -width="450" -alt="The Law of Hotel Life" /></span></p> - -<h1> -THE<br /> -<br /> -LAW OF HOTEL LIFE</h1> - -<p class="c">OR THE<br /><br /> - -<img src="images/wrongs.png" -width="400" -alt="Wrongs and Rights of Host and Guest." /> -<br /><br /><br /> - -BY<br /> -R. VASHON ROGERS <span class="smcap">Jr.</span><br /> -Of Osgoode Hall, Barrister-at-Law<br /> -<br /> -SAN FRANCISCO:<br /> -SUMNER WHITNEY AND COMPANY.<br /> -BOSTON: HOUGHTON, OSGOOD & CO.<br /> -<span class="eng">The Riverside Press, Cambridge.</span><br /> -1879.<br /> -<span class="pagenum"><a name="page_iv" id="page_iv">{iv}</a></span><br /> -<br /> -Copyright 1879,<br /> -<span class="smcap">By Sumner Whitney & Co.</span><br /> -<span class="pagenum"><a name="page_v" id="page_v">{v}</a></span></p> - -<h2><a name="A_Preface" id="A_Preface"></a> -<span class="smcap"> -<img src="images/preface.png" -width="150" -alt="A Preface." /></span></h2> - -<p>The author knows as well as did old Burton that "books are so plentiful -that they serve to put under pies, to lap spice in, and keep roast meat -from burning," yet he ventures to offer another volume to the public, -trusting that some men’s fancies will incline towards and approve of it; -for "writings are so many dishes, readers guests, books like -beauty—that which one admires another rejects." He thinks he can say, -in the words of Democritus Junior, that "as a good housewife out of -divers fleeces weaves one piece of cloth, a bee gathers wax and honey -out of many flowers, and makes a new bundle of all, I have laboriously -collected this cento out of divers authors, and that <i>sine injuria</i>. I -cite and quote mine authors."</p> - -<p>This volume was written at the suggestion of the Publishers, as a -companion to "The Wrongs and Rights of a Traveller," and is now -committed to the tender mercies of general readers, and to the -microscopic eyes of the critics who know everything. Doubtless mistakes -will be found; but if every one knew the law who thinks he does, lawyers -would starve.</p> - -<p class="rt"> -R. V. R. <span class="smcap">Jr.</span><br /> -</p> - -<p><i>Kingston, Ont., March, 1879.</i></p> - -<p><span class="pagenum"><a name="page_vi" id="page_vi">{vi}</a></span>  </p> - -<p><span class="pagenum"><a name="page_vii" id="page_vii">{vii}</a></span>  </p> - -<h2><a name="Contents" id="Contents"></a> -<span class="smcap"> -<img src="images/contents.png" -width="150" -alt="Contents" /></span></h2> - -<table cellpadding="3"> -<tr><td class="rt"><a href="#CHAPTER_I">I.</a></td><td class="pdd"><a href="#CHAPTER_I">A Common Inn and Innkeeper,</a></td><td class="rt" valign="bottom"><a href="#page_1">1</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_II">II.</a></td><td class="pdd"><a href="#CHAPTER_II">City House and Manners,</a></td><td class="rt" valign="bottom"><a href="#page_18">18</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_III">III.</a></td><td class="pdd"><a href="#CHAPTER_III">Accidents, Rooms, Dogs,</a></td><td class="rt" valign="bottom"><a href="#page_31">31</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_IV">IV.</a></td><td class="pdd"><a href="#CHAPTER_IV">Guests, Wagers, Games,</a></td><td class="rt" valign="bottom"><a href="#page_58">58</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_V">V.</a></td><td class="pdd"><a href="#CHAPTER_V">Safes and Baggage,</a></td><td class="rt" valign="bottom"><a href="#page_76">76</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_VI">VI.</a></td><td class="pdd"><a href="#CHAPTER_VI">Fire, Rats, and Burglars,</a></td><td class="rt" valign="bottom"><a href="#page_97">97</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_VII">VII.</a></td><td class="pdd"><a href="#CHAPTER_VII">Horses and Stables,</a></td><td class="rt" valign="bottom"><a href="#page_117">117</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_VIII">VIII.</a></td><td class="pdd"><a href="#CHAPTER_VIII">What is a Lien?</a></td><td class="rt" valign="bottom"><a href="#page_136">136</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_IX">IX.</a></td><td class="pdd"><a href="#CHAPTER_IX">Duties of a Boarding-House Keeper,</a></td><td class="rt" valign="bottom"><a href="#page_152">152</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_X">X.</a></td><td class="pdd"><a href="#CHAPTER_X">More about Boarding-House Keepers,</a></td><td class="rt" valign="bottom"><a href="#page_166">166</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_XI">XI.</a></td><td class="pdd"><a href="#CHAPTER_XI">Charms of Furnished Apartments,</a></td><td class="rt" valign="bottom"><a href="#page_173">173</a></td></tr> - -<tr><td class="rt"><a href="#CHAPTER_XII">XII.</a></td><td class="pdd"><a href="#CHAPTER_XII">Notice to Quit and Turning Out,</a></td><td class="rt" valign="bottom"><a href="#page_189">189</a></td></tr> -<tr><td>  </td><td><a href="#INDEX">Index</a>: -<a href="#A">A</a>, -<a href="#B">B</a>, -<a href="#C">C</a>, -<a href="#D">D</a>, -<a href="#E">E</a>, -<a href="#F">F</a>, -<a href="#G">G</a>, -<a href="#H">H</a>, -<a href="#I">I</a>, -<a href="#L">L</a>, -<a href="#M">M</a>, -<a href="#N">N</a>, -<a href="#P">P</a>, -<a href="#R">R</a>, -<a href="#S">S</a>, -<a href="#T">T</a>, -<a href="#V">V</a>, -<a href="#W">W</a>.</td></tr> -</table> - -<p><span class="pagenum"><a name="page_viii" id="page_viii">{viii}</a></span>  </p> -<p><span class="pagenum"><a name="page_1" id="page_1">{1}</a></span>  </p> - -<h2><a name="CHAPTER_I" id="CHAPTER_I"></a><span class="smcap">Chapter I.</span><br /><br /> -<small>A COMMON INN AND INNKEEPER.</small></h2> - -<p>The last kiss was given—the last embrace over—and, amid a storm of -hurrahs and laughter and a hailstorm of old slippers and uncooked rice, -we dashed away from my two-hours’ bride’s father’s country mansion in -the new family carriage, on our wedding tour. The programme was that we -were to stay at the little village of Blank that night, and on the -morrow we expected to reach the city of Noname, where we would be able -to find conveyances more in accord with the requirements of the last -quarter of the nineteenth century of grace than a carriage and pair.</p> - -<p>Arm in arm and hand in hand we sat during the long, bright June -afternoon, as the prancing grays hurried us along the country roads—now -beside grassy meads, now beneath o’erhanging forest trees, then up hill, -next down dale, while little squirrels raced along beside us on the -fence tops, or little streamlets dashed along near by, bubbling, -foaming, roaring and sparkling in the sheen of the merry sunshine, and -the broad fans of insect angels gently waved over their golden disks as -they floated past; all nature, animate and inanimate, smiling merrily -upon us, as if quite conscious who and what we were. But little did we -note the beauties of sky or field, cot or hamlet, bird or<span class="pagenum"><a name="page_2" id="page_2">{2}</a></span> flower, for -was it not our first drive since the mystic word of the white-robed -minister of the Church had made of us twain one flesh? The beauties of -the other’s face and disposition absorbed the contemplation of each of -us. Once or twice, indeed, I felt inclined to make a remark or two anent -the fields we passed; but remembering that I knew not a carrot from a -parsnip, until it was cooked, or wheat from oats, except in the -well-known forms of bread and porridge, and not wishing to be like Lord -Erskine, who, on coming to a finely cultivated field of wheat, called it -“a beautiful piece of lavender,” I refrained.</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">Love in itself is very good,<br /></span> -<span class="i0">But ’tis by no means solid food;<br /></span> -<span class="i0">And ere our first day’s drive was o’er,<br /></span> -<span class="i0">I found we wanted something more.<br /></span> -</div></div> -</div> - -<p class="nind">So when at last, as the shadows began to lengthen and still evening drew -on, we espied in the valley beneath us the village in which was our -intended resting place, I exclaimed:</p> - -<p>“Ah! there’s our inn at last!”</p> - -<p>“At last! so soon wearied of my company!” chid my bride, in gentle -tones. “But why do people talk of a village ‘inn’ and a city ‘hotel’? -What is the difference between a hotel and an inn?”</p> - -<p>“There is no real difference,” I replied, glad to have the subject -changed from the one Mrs. Lawyer had first started. “The distinction is -but one of name, for a hotel is but a common inn on a<span class="pagenum"><a name="page_3" id="page_3">{3}</a></span> grander scale.<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> -Inn, tavern, and hotel are synonymous terms.”<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a></p> - -<p>“What do the words really mean?”</p> - -<p>“Have you forgotten all your French? The word ‘hotel’ is derived from -the French <i>hôtel</i>, (for hostel,) and originally meant a palace, or -residence for lords and great personages, and has, on that account no -doubt, been retained to distinguish the more respectable houses of -entertainment.”</p> - -<p>“Well, what is the derivation of ‘inn’?” queried my wife.</p> - -<p>“I was just going to say that that is rather obscure, but is probably -akin to a Chaldaic word meaning ‘to pitch a tent,’ and is applicable to -all houses of entertainment.<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> Inns there were in the far distant East -thirty-five centuries and more before you appeared to grace this mundane -sphere;<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a> although, when the patriarch Jacob went to visit his pretty -cousins, he was not fortunate enough to find one, and had to make his -bed on the ground, taking a stone for his pillow.”</p> - -<p>“And very famous in after years did that just mentioned pillow become,” -said Mrs. L., interruptingly. “And much pain and grief, as well as glory -and renown, has it brought to those who have used it.”</p> - -<p>“What meanest thou?” in my turn queried I.<span class="pagenum"><a name="page_4" id="page_4">{4}</a></span></p> - -<p>“Don’t you know that upon that stone the sovereigns of England have been -crowned ever since the first Edward stole it from the Scots, who had -taken it from the Irish, who doubtless had come honestly by it, and that -it now forms one of the wonders and glories of Westminster Abbey?”</p> - -<p>“Indeed!” I remarked, with an inflection in my voice signifying doubt.</p> - -<p>“I wonder who kept the first hotel, and what it was like,” quoth my -lady.</p> - -<p>“History is silent on both points,” I replied. “But doubtless the early -ones were little more than sheds beside a spring or well, where the -temporary lodger, worn and dirty, could draw forth his ham sandwich from -an antediluvian carpet-bag, eat it at his leisure, wash it down with -pure water, curl himself up in a corner, and, undisturbed by the thought -of having to rise before daylight to catch the express, sleep—while the -other denizens of the cabin took their evening meal at his expense.”</p> - -<p>“But no one could make much out of such a place,” urged Mrs. Lawyer.</p> - -<p>“Quite correct. Boniface, in those days, contented himself with an iron -coin, a piece of leather stamped with the image of a cow, or some such -primitive representative of the circulating medium.”</p> - -<p>“Times are changed since then,” remarked my companion.</p> - -<p>“What else could you expect? Are you a total disbeliever in the -Darwinian theory of development? Inns and hotels, in their history, are -excel<span class="pagenum"><a name="page_5" id="page_5">{5}</a></span>lent examples of the truth of that hypothesis. Protoplasm maturing -into perfect humanity is as nothing to them. See how, through many -gradations, the primeval well has become the well-stocked bar-room of -to-day; the antique hovel is now the luxurious Windsor, the resplendent -Palace, the Grand Hôtel du Louvre; the uncouth barbarian, who showed to -each comer his own proper corner to lie in, has blossomed into the -smiling and gentlemanly proprietor or clerk, who greets you as a man and -a brother; the simple charge of a piece of iron or brass for bed and -board (then synonymous) has grown into an elaborate bill, which requires -ducats, or sovereigns, or eagles to liquidate. But further discussion on -this interesting question must be deferred to some future day, for here -we are,” I added, as we halted at “The Farmer’s Home.”</p> - -<p>“I don’t believe that Joseph’s brethren ever stopped at a more miserable -looking caravansary,” said my wife, in tones in which contentment was -not greatly marked. “Are you quite sure that this is the inn? It has no -sign.”</p> - -<p>“That fact is of no moment,” I hastened to reply. “A sign is not an -essential, although it is evidence of an inn. Every one who makes it his -business to entertain travelers, and provide lodgings and necessaries -for them, their attendants, and horses, is a common innkeeper, whether a -sign swings before the door, or no.”<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a></p> - -<p>“And a common enough innkeeper he looks, in all<span class="pagenum"><a name="page_6" id="page_6">{6}</a></span> conscience,” said Mrs. -Lawyer, as mine host of the signless inn appeared upon the stoop to -receive his guests. Coatless he was, waistcoat he had none; the rim of -his hat glistened brightly in the declining sun, as if generations of -snails had made it their favorite promenade; his legs, or the legs of -his pantaloons, were not pairs—they differed so much in length; his -boots knew not the glories of Day & Martin; his face had hydrophobia, so -long was it since it had touched water; and “wildly tossed from cheek to -chin the tumbling cataract of his beard.”</p> - -<p>With the grace of a bear and the ease of a bull in a china-shop, he -ushered us into the parlor, with its yellow floor, its central square of -rag-carpet, its rickety table, its antique sampler and gorgeous pictures -on the walls, its festoons of colored paper depending from the ceiling, -its flies buzzing on the window-panes. Sad were the glances we exchanged -when for a minute we were left in this elegant boudoir.</p> - -<p>“What a nuisance that the other inn was burnt down last week, and that -there is none but this miserable apology for one within thirty miles,” I -growled.</p> - -<p>“<span class="lftspc">’</span>Tis but for a night,” returned my wife, in consolatory tones. “It is -only what we might have expected, for saith not the poet:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘Inns are nasty, dusty, fusty,<br /></span> -<span class="i1">Both with smoke and rubbish musty’?”<br /></span> -</div></div> -</div> - -<p>Soon we mounted the groaning stairs to our<span class="pagenum"><a name="page_7" id="page_7">{7}</a></span> dormitory, and found the -house to be a veritable</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Kind of old Hobgoblin Hall,<br /></span> -<span class="i1">Now somewhat fallen to decay,<br /></span> -<span class="i1">With weather stains upon the wall,<br /></span> -<span class="i1">And stairways worn, and crazy doors,<br /></span> -<span class="i1">And creaking and uneven floors,<br /></span> -<span class="i1">And bedrooms dirty, bare, and small.”<br /></span> -</div></div> -</div> - -<p>The room assigned to us might have been smaller, the furniture might -have been cheaper and older—possibly; but to have conceived my blooming -bride in a more unsuitable place—impossible. I asked for better -accommodation; Boniface shook his head solemnly, (I thought I heard his -few brains rattle in his great stupid skull) and muttered that it was -the best he had, and if we did not like it we might leave and look -elsewhere.</p> - -<p>“We must make the best of it, my dear. The landlord is only bound to -provide reasonable and proper accommodation, even if there were better -in the house; he need not give his guests the precise rooms they may -select.”<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a></p> - -<p>We resolved to display the Christian grace of resignation.</p> - -<p>As speedily as possible we arranged our toilets and descended once more -to the lower regions, with the faint hope that the dining-room might be -better furnished with the good things of this life than either the -parlor or bed-room. Sad to relate, the fates were still against us: we -found, on enter<span class="pagenum"><a name="page_8" id="page_8">{8}</a></span>ing the <i>salle à manger</i>, a couple of small tables put -together in the middle of the room, covered with three or four cloths of -different ages and dates of washing, and arranged as much like one as -the circumstances of the case would allow. Upon these were laid knives -and forks; some of the knife-handles were green, others red, and a few -yellow, and as all the forks were black, the combination of colors was -exceedingly striking. Soon the rest of the paraphernalia and the -comestibles appeared, and then Josh Billings’ description became -strictly applicable; “Tea tew kold tew melt butter; fride potatoze which -resembled the chips a tew-inch augur makes in its journey thru an oke -log; bread solid; biefstake about az thick as blister plaster, and az -tough as a hound’s ear; table kovered with plates; a few -scared-tew-death pickles on one of them, and 6 fly-indorsed crackers on -another; a pewterunktoon kaster, with 3 bottles in it—one without any -mustard, and one with tew inches of drowned flies and vinegar in it.”</p> - -<p>Fortunately, long abstinence came to our aid, and hunger, which covers a -multitude of sins in cookery and “dishing up,” was present, and our -manducatory powers were good; so we managed to supply the cravings of -the inner man to some extent.</p> - -<p>“What is this?” I asked of the landlord, as he handed me a most -suspicious looking fluid.</p> - -<p>“It’s bean soup,” he gruffly replied.</p> - -<p>“Never mind what it’s been—what is it now?” I asked a second time. A -smile from my wife<span class="pagenum"><a name="page_9" id="page_9">{9}</a></span> revealed to me my error, and I saved the astonished -man the necessity of a reply.</p> - -<p>At the table we were joined by an acquaintance, who informed me that he -had great difficulty in obtaining admission to the house, as the -innkeeper had a grudge against him.</p> - -<p>“No matter what personal objection a host may have, he cannot refuse to -receive a guest. Every one who opens an inn by the wayside, and -professes to exercise the business and employment of a common innkeeper, -is bound to afford such shelter and accommodation as he possesses to all -travelers who apply therefor, and tender, or are able to pay, the -customary charges,”<a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a> I remarked.</p> - -<p>“But surely one is not bound to take the trouble to make an actual -tender?” questioned my friend.</p> - -<p>“I am not quite so sure on that point,” I replied. “Coleridge, J., once -said that it is the custom so universal with innkeepers to trust that a -person will pay before he leaves the inn, that it cannot be necessary -for a guest to tender money before he enters.<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> But, in a subsequent -case, Lord Abinger said that he could not agree with Coleridge’s -opinion,<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a> and three other judges concurred with Abinger, although the -court was not called upon to decide the matter. In fact, the point has -never been definitely settled in England. Text-writers, however,<span class="pagenum"><a name="page_10" id="page_10">{10}</a></span> think -an offer to pay requisite,<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a> and it has been so held in Canada.”<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a></p> - -<p>“But what,” said my friend, “if the proprietor is rude enough to slam -the door in your face, and you cannot see even an open window?”</p> - -<p>“Oh, in that case even Abinger would dispense with a tender.”<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a></p> - -<p>“It seems hard that a man must admit every one into his house, whether -he wishes or no,” said my wife.</p> - -<p>“Reflect, my dear,” I replied, “that if an innkeeper was allowed to -choose his guests and receive only those whom he saw fit, unfortunate -travelers, although able and willing to pay for entertainment, might be -compelled, through the mere caprice of the innkeeper, to wander about -without shelter, exposed to the heats of summer, the rains of autumn, -the snows of winter, or the winds of spring.”</p> - -<p>“Do you mean to say that improper persons must be received?”</p> - -<p>“Oh dear no! A traveler who behaves in a disorderly or improper manner -may be refused admission,<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a> and so may one who has a contagious -disease, or is drunk.<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a> And, of course, if there is no room, admission -may be refused.<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a> But it will not do for<span class="pagenum"><a name="page_11" id="page_11">{11}</a></span> the publican to say that he -has no room, if such statement be false; for that venerable authority, -Rolle, says: ‘Si un hôtelier refuse un guest sur pretense que son maison -est pleine de guests, si est soit faux, action sur le case git.’<span class="lftspc">”</span><a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a></p> - -<p>“You don’t say so!” said my friend, aghast at the jargon. I continued:</p> - -<p>“And a publican must not knowingly allow thieves, or reputed thieves, to -meet in his house, however lawful or laudable their object may be.”<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a></p> - -<p>“Suppose they wanted to hold a prayer-meeting, what then?” asked my -wife.</p> - -<p>“I cannot say how that would be; but a friendly meeting for collection -of funds was objected to. Nor should he allow a policeman, while on -duty, to remain on his premises, except in the execution of that -duty.<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a> And he may prohibit the entry of one whose misconduct or -filthy condition would subject his guests to annoyance.<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a> And I -remember reading that Mrs. Woodhull and Miss Claflin were turned away -from a New York hotel on the ground of their want of character.”</p> - -<p>“What if the poor hotel-keeper is sick?” inquired Mrs. Lawyer.</p> - -<p>“Neither illness, nor insanity, nor lunacy, nor idiocy, nor -hypochondriacism, nor hypochondriasis, nor vapors, nor absence, nor -intended absence, can<span class="pagenum"><a name="page_12" id="page_12">{12}</a></span> avail the landlord as an excuse for refusing -admission.<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a> Although the illness or desertion of his servants, if he -has not been able to replace them, might be an excuse; and perchance his -own infancy, and perchance not.”<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a></p> - -<p>“What can you do if he refuses to let you in?” asked my friend. “Break -open the door?”</p> - -<p>“No, that might lead to a breach of the peace. You may either sue him -for damages, or have him indicted and fined; and it is also said in -England that the constable of the town, if his assistance is invoked, -may force the recalcitrant publican to receive and entertain the -guest.<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a> If you sue him you will have to prove that he kept a common -inn;<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a> that you are a traveler,<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a> and came to the inn and demanded -to be received and lodged as a guest; that he had sufficient -accommodation,<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a> and refused to take you in, although you were in a -fit and proper state to be received,<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a> and offered to pay a reasonable -sum for accommodation.”</p> - -<p>“In most hotels they keep a register in which one is expected to -inscribe his cognomen by means of a pen of the most villainous -description; must one give his name, or may he travel <i>incog.</i> and -without exhibiting his cacography?<span class="pagenum"><a name="page_13" id="page_13">{13}</a></span>”</p> - -<p>“An innkeeper has no right to pry into a guest’s affairs, and insist -upon knowing his name and address,”<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a> I replied.</p> - -<p>“Talking about registers,” began my friend Jones, but in tones so low -that what he said must go in the foot notes.<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a></p> - -<p>“Last summer,” continued talkative Jones, “I tried to get quarters late -one Saturday night at a village inn, but the proprietor refused to admit -me; and a venerable female put her head out of the window, like Sisera’s -mother, and told me that they were all in bed, and that they could not -take in those who profaned the Sabbath day.”</p> - -<p>“You might have sued for damages,” I said, “for the innkeeper being -cosily settled in his bed for the night, or it being Sunday, makes no -difference in a traveler’s rights;<a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a> at least where, as in England, it -is not illegal to travel on that sacred day.”</p> - -<p>“I think you said that one must be a traveler before one could claim the -rights of a guest—is that an essential?”</p> - -<p>“Yes, a <i>sine qua non</i>. Bacon says: ‘Inns are for<span class="pagenum"><a name="page_14" id="page_14">{14}</a></span> passengers and -wayfaring men, so that a friend or a neighbor shall have no action as a -guest’<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a> (unless, indeed, the neighbor be on his travels<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a>). The -Latin word for an inn is, as of course you know, <i>diversorium</i>, because -he who lodges there is <i>quasi divertens se a via</i>.”<a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a></p> - -<p>“What wretched food!” said my wife, as she helped herself to a biscuit. -“<span class="lftspc">’</span>Tis enough to poison one.”</p> - -<p>“It is by no means a feast of delicacies—the brains of singing birds, -the roe of mullets, or the sunny halves of peaches,” returned our -friend.</p> - -<p>“Well, my dear,” I replied, “a publican selling unwholesome drink or -victuals may be indicted for a misdemeanor at common law; and the -unhappy recipient of his noxious mixtures may maintain an action for the -injury done;<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a> and this is so even if a servant provides the goods -without the master’s express directions.”<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a></p> - -<p class="asstt">* * * * * *</p> - -<p>A stroll through the village, and a little moralizing beside the -scarcely cold embers of the rival inn, where</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Imagination fondly stooped to trace<br /></span> -<span class="i1">The parlor splendors of that festive place,<br /></span> -<span class="i1">The whitewashed wall, the nicely sanded floor,<br /></span> -<span class="i1">The varnish’d clock that clicked behind the door,”<br /></span> -</div></div> -</div> - -<p class="nind">passed the time until Darkness spread her sable<span class="pagenum"><a name="page_15" id="page_15">{15}</a></span> robe over all the -earth. We sat outside our inn in the fresh air, and listened while the -myriad creatures which seem born on every summer night uplifted in joy -their stridulous voices, piping the whole chromatic scale with infinite -self-satisfaction. Innumerable crickets sent forth what, perhaps, were -gratulations on our arrival; a colony of tree-toads asked, in the key of -C sharp major, after their relatives in the back country; while the -swell bass of the bull-frogs seemed to be, with deep and hearty -utterances, thanking heaven that their dwelling-places were beside -pastures green in cooling streams. For a while we listened to this -concert of liliputians rising higher and higher as Nature hushed to -sleep her children of a larger growth. Ere long, the village bell tolled -the hour for retiring. I told the landlady to call us betimes, and then -my wife and self shut ourselves up in our little room for the night.</p> - -<p>Very weariness induced the partner of my joys and sorrows to commit her -tender frame to the coarse bedclothes; but before “tired Nature’s sweet -restorer, balmy sleep” arrived, and with repose our eyelids closed, an -entomological hunt began. First a host of little black bandits found us -out, and attacked us right vigorously, skirmishing bravely and as -systematically as if they had been trained in the schools of that -educator of fleas, Signor Bertolotto, only his students always crawl -carefully along and never hop, as we found by experience that our fierce -assailants did. After we had disposed of these light cavalry—these F -sharps—for a time, and were again endeavoring to compose our minds to -sleep, there<span class="pagenum"><a name="page_16" id="page_16">{16}</a></span> came a detachment of the B-flat brigade, of aldermanic -proportions, pressing slowly on. Again there was a search as for hidden -treasures. Faugh! what a time we had, pursuing and capturing, crushing -and decapitating, hosts of creatures not to be named in ears polite. -Most hideous night, thou wert not sent for slumber! It would almost have -been better for us had we been inmates of the hospital for such -creatures at Surat, for there we would have been paid for the feast we -furnished. Here we had the prospect of paying for our pains and pangs.</p> - -<p>I am an ardent entomologist; but I solemnly avow I grew tired that night -of my favorite science. ’Twas vain to think of slumber—</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i4">Not poppy, nor mandragora,<br /></span> -<span class="i0">Nor all the drowsy syrups of the world,<br /></span> -</div></div> -</div> - -<p class="nind">nor yet the plan adopted by the Samoan islanders, who place a snake, -imprisoned in bamboo, beneath their heads and find the hissing of the -reptile highly soporific, could medicine us to that sweet sleep which -nature so much needed. At length we arose in despair, donned our -apparel, and sat down beside the window to watch for the first bright -tints heralding the advent of the glorious king of day.</p> - -<p>“Must we pay for such wretched accommodation?” asked my wife, -mournfully. I shook my head as I replied:</p> - -<p>“I fear me so.<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a> We might escape;<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a> but I don’t want to have a row -about my bill in a dollar house.<span class="pagenum"><a name="page_17" id="page_17">{17}</a></span>”</p> - -<p>As soon as morning broke we began our preparations for an early -departure from the purgatory in which we had passed the night. When we -had descended, and had summoned the lady of the house to settle with -her, my wife spoke strongly about the other occupants of our bed.</p> - -<p>The woman hotly exclaimed, “You are mistaken, marm; I am sure there is -not a single flea in the whole house!”</p> - -<p>“A <i>single</i> flea!” retorted my wife, with withering scorn; “a <i>single</i> -flea! I should think not; for I am sure that they are all married, and -have large families, too.”</p> - -<p>“Yes,” I added,</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘The little fleas have lesser fleas<br /></span> -<span class="i3">Upon their backs to bite ’em;<br /></span> -<span class="i1">The lesser fleas have other fleas,<br /></span> -<span class="i3">And so <i>ad infinitum</i>.’<span class="lftspc">”</span><br /></span> -<span class="pagenum"><a name="page_18" id="page_18">{18}</a></span></div></div> -</div> - -<h2><a name="CHAPTER_II" id="CHAPTER_II"></a><span class="smcap">Chapter II.</span><br /><br /> -<small>CITY HOUSE AND MANNERS.</small></h2> - -<p>The next evening, as Mrs. Lawyer and this present writer were rattling -along at the rate of thirty or forty miles an hour in the tail of the -iron horse, my bride, imagining that she would like to know somewhat of -the law, which had been my mistress for many years, and the <i>ennui</i> of -the honeymoon having already commenced, asked me what was the legal -definition of an inn.</p> - -<p>I replied: “The definitions of an inn, like those of lovely woman, are -very numerous: but perhaps the most concise is that given by old -Petersdorff, who says it is ‘a house for the reception and entertainment -of all comers for gain.’<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a> Judge Bayley defined it to be a house where -the traveler is furnished with everything he has occasion for while on -the way.”<a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a></p> - -<p>“I should dearly love to stop at such an inn,” broke in my wife. “The -worthy host would find my wants neither few nor small.”</p> - -<p>“Oh, of course, the <i>everything</i> is to be taken not only <i>cum grano -salis</i> but with a whole cellar full of that condiment. For instance, the -landlord is not bound to provide clothes or wearing apparel for<span class="pagenum"><a name="page_19" id="page_19">{19}</a></span> his -guest.<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a> But to proceed with our subject. Best, J., tried his hand—a -good one, too—at definition-making, and declared an inn or hotel to be -a house, the owner of which holds out that he will receive all travelers -and sojourners who are willing to pay a price adequate to the sort of -accommodation provided, and who come in a state in which they are fit to -be received.<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a> Another judge says it is a public house of -entertainment for all who choose to visit it as guests without any -previous agreement as to the time of their stay or the terms of -payment.<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a> The judges have, also, got off definitions of the word -‘innkeeper.’ It has been said that every one who makes it his business -to entertain travelers and passengers and provide lodging and -necessaries for them and their horses and attendants, is a common -innkeeper.<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a> But Bacon, very wisely and prudently, adds to this -description the important words ‘for a reasonable compensation.’<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a> One -who entertains travelers for payment only occasionally, or takes in -persons under an express contract, and shuts his doors upon those whom -he chooses, is not an innkeeper, nor is he liable as such.<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a> Stables -are not necessary to constitute an<span class="pagenum"><a name="page_20" id="page_20">{20}</a></span> inn;<a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a> nor is it essential that -the meals should be served at <i>table d’hôte</i>.<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a> A house for the -reception and entertainment principally of emigrants arriving at a -seaport and usually remaining but a short time, is yet an inn.”<a name="FNanchor_47_47" id="FNanchor_47_47"></a><a href="#Footnote_47_47" class="fnanchor">[47]</a></p> - -<p>Here I stopped because I had nothing more to say; but seeing that my -wife was gazing out of the window in a most inattentive manner, yet not -wishing her to think that my fund of knowledge was exhausted, I added: -“But a truce to this style of conversation. Remember that we are a newly -married couple, and are not expected to talk so rationally.”</p> - -<p>A pause ensued, during which, with great amusement and no little -surprise at the facts and doctrines enunciated, we listened to the -following dialogue between two rosy-cheeked Englishmen sitting in the -seat behind us:</p> - -<p>First Briton (<i>loquitur</i>).—“How disgusting it is to see those vile -spittoons in hotels, in private houses, in churches—everywhere; and -notwithstanding that their name is legion, the essence of nicotine is to -be seen on all sides, dyeing the floors, the walls, the furniture.”</p> - -<p>Second Briton.—“I have sometimes doubted whether the Americans -expectorate to obtain good luck, or whether it is that they have such -good fortune ever attending upon their designs and plans because they -expectorate so much.<span class="pagenum"><a name="page_21" id="page_21">{21}</a></span>”</p> - -<p>First B. (rather dazed).—“I don’t understand you.”</p> - -<p>Second B. (in tones of surprise at the other’s want of -comprehension).—“Don’t you know that many Englishmen spit if they meet -a white horse, or a squinting man, or a magpie, or if, inadvertently, -they step under a ladder, or wash their hands in the same basin as a -friend? In Lancashire, boys spit over their fingers before beginning to -fight, and travelers do the same on a stone when leaving home, and then -throw it away, and market people do it on the first money they receive.”</p> - -<p>First B. (interrogatively).—“But, if these dirty people do indulge in -this unseemly habit, what then?”</p> - -<p>Second B.—“Why, they consider it a charm that will bring good luck, or -avert evil. Swedish peasants expectorate thrice if they cross water -after dark. The old Athenians used to spit if they passed a madman. The -savage New Zealand priest wets two sticks with his saliva when he -strives to divine the result of a coming battle.”</p> - -<p>First B.—“But the why and the wherefore of all this expectoration?”</p> - -<p>Second B.—“Because the mouth was once considered the only portal by -which evil spirits could enter into a man, and by which alone they could -be forced to make their exit; and the idea was to drive the fiends out -with the saliva. The Mussulmans made spitting and nose-blowing a part of -their religious ceremonies, for they hoped thereby to free themselves -from the demons which they be<span class="pagenum"><a name="page_22" id="page_22">{22}</a></span>lieved filled the air; and a Kamtschatkan -priest, after he has sprinkled with holy water the babe brought to the -baptismal font, spits solemnly to north and south, to east and west.”</p> - -<p>A wild shriek of the locomotive, announcing that we were drawing near -our destination, and the necessary preparations consequent upon such -arrival, prevented us listening further to this conversation. I remarked -to my wife that if I had never known of evil spirits being laid by the -efflux of saliva, I had at least heard of their being raised thereby, -and instanced Shylock and Signor Antonio.</p> - -<p>We drove up to the “Occidental House” in the bus belonging to that -famous establishment. The satchel of a fellow-traveler was lost off the -top of the carriage. I endeavored to console him with the information -that years ago, where the keeper of a public house gave notice that he -would furnish a free conveyance to and from the cars to all passengers, -with their baggage, and for that purpose employed the owner of certain -carriages to take passengers and their baggage, free of charge, to his -house, and a traveler, who knew of this arrangement, drove in one of -these cabs to the hotel, and on the way there had his trunk lost or -stolen through the want of skill or care of the driver, the innkeeper -was held liable to make good the loss. The court that decided the point -held that it was immaterial whether he was responsible as a common -carrier or as an innkeeper, as in either case the consideration for the -undertaking was the profit to be derived from the entertainment of the -traveler<span class="pagenum"><a name="page_23" id="page_23">{23}</a></span> as a guest, and that an implied promise to take care of the -baggage was founded on such consideration.<a name="FNanchor_48_48" id="FNanchor_48_48"></a><a href="#Footnote_48_48" class="fnanchor">[48]</a></p> - -<p>My fellow-traveler seemed not a little pleased with my information, and -expressed his intention of seeking an early interview with the landlord -of the “Occidental” on the subject of the lost satchel.</p> - -<p>While in the bus, a man who appeared to be an agent for a rival house -made some very disparaging remarks with regard to the “Occidental,” with -more vehemence than elegance or truthfulness, evidently with the design -of inducing some intending guests to change their minds and go -elsewhere. It was well for him that none of the “Occidental” people -heard him, for if they had he might speedily have become the defendant -in an action at law, for misstatements like his are actionable.<a name="FNanchor_49_49" id="FNanchor_49_49"></a><a href="#Footnote_49_49" class="fnanchor">[49]</a></p> - -<p>What a contrast between the palatial mansion at which we now alighted, -and the hovel which the previous night had covered our -heads—(protection it had not afforded). The small and dirty entrance of -the one was exchanged for a spacious and lofty hall in the other, paved -with marble and fitted up with comfortable sofas and cushions, on which -was lounging and smoking, talking and reading, a multifarious lot of -humanity; the parlor, with its yellow paint and rag carpet, was replaced -by large, well lighted and elegantly furnished drawing-rooms, with -carpets so soft that a footstep was no more heard than a passing shadow, -and gorgeous mirrors reflecting the smiles, faces and elaborately -artistic<span class="pagenum"><a name="page_24" id="page_24">{24}</a></span> toilets of city belles, and the trim figures and prim -moustaches of youthful swells; a pretty little room, yclept an elevator, -neatly carpeted, well lighted, free from noxious scents, with -comfortable seats and handsome reflectors, led up on high, instead of -the groaning, creaking stairs of the country inn. The bedrooms, with -their spotless linen, luxurious beds, dainty carpets, and cosy chairs, -rested and refreshed one’s weary bones by their very appearance. The -noble dining-hall, with its delicately tinted walls, its pillars and -gilded roof, with neatly dressed waiters, and the master of ceremonies -patrolling the room seeing to the comfort of the guests, the -arrangements of their places, and that each servant did his duty, gave a -zest to one’s appetite which the tempting viands increased a hundred -fold, and the soups, fish, relèves, entrées, game, relishes, vegetables, -pastry, and dessert of the <i>menu</i> differed from the bill of fare of the -previous day as does light from darkness, sweet from bitter.</p> - -<p>As we were ascending in the luxuriously furnished, brilliantly lighted -and gently moving elevator, a ninnyhammer tried to get on after the -conductor had started. In doing so he well nigh severed the connection -between his ill-stored head and well-fed body. I told him that his -conduct was most foolhardy, for if he had been injured he could have -recovered nothing from the hotel proprietor, for the accident would have -been directly traceable to his own stupid want of ordinary care and -prudence.<a name="FNanchor_50_50" id="FNanchor_50_50"></a><a href="#Footnote_50_50" class="fnanchor">[50]</a><span class="pagenum"><a name="page_25" id="page_25">{25}</a></span></p> - -<p>At the dinner table we found that many of the people, notwithstanding -the luxurious surroundings, seemed quite oblivious of the sage advice -given by Mistress Hannah Woolley, of London, in the year of grace 1673. -That worthy says in her “Gentlewoman’s Companion”: “Do not eat -spoon-meat so hot that tears stand in your eyes, or that thereby you -betray your intolerable greediness. Do not bite your bread, but cut or -break it; and keep not your knife always in your hand, for that is as -unseemly as a gentlewoman who pretended to have as little a stomach as -she had mouth, and therefore would not swallow her peas by spoonfuls, -but took them one by one and cut them in two before she would eat them. -Fill not your mouth so full that your cheeks shall swell like a pair of -Scotch bag-pipes.”</p> - -<p>One of the company near by ate as if he had never eaten in any place -save a shanty all the days of his life; he was not quite so bad, -however, as the celebrated Dr. Johnson, who, Lord Macaulay tells us, -“tore his dinner like a famished wolf, with the veins swelling in his -forehead, and the perspiration running down his cheeks;” but yet, in -dispatching his food, he swallowed two-thirds of his knife at every -mouthful with the coolness of a juggler.</p> - -<p>“Such a savage as that ought not to be permitted to take his meals in -the dining-room,” said my wife.</p> - -<p>“I am not sure that he could be prevented on account of his style of -eating,” I replied, as the man began shoveling peas with a knife into -his mouth, which could not have been broader unless Dame Nature had -placed his auricular appendages an inch<span class="pagenum"><a name="page_26" id="page_26">{26}</a></span> or two further back. (By the -way, how did they eat peas before the days of knives, forks, and -spoons?)</p> - -<p>“Do you mean to say that if an individual makes himself so extremely -disagreeable to all other guests, the proprietor has no right to ask him -to leave?” queried Mrs. L.</p> - -<p>“Well, my dear, it was held in Pennsylvania that the host might request -such an one to depart; and that if he did not, the hotel-keeper might -lay his hands gently upon him and lead him out, and if resistance was -made might use sufficient force to accomplish the desired end.”<a name="FNanchor_51_51" id="FNanchor_51_51"></a><a href="#Footnote_51_51" class="fnanchor">[51]</a></p> - -<p>“Then please tell that waiter to take that man out,” broke in my wife.</p> - -<p>“Not so fast, my dear; that decision was reversed afterward, and it was -said to be assault and battery so to eject a guest.<a name="FNanchor_52_52" id="FNanchor_52_52"></a><a href="#Footnote_52_52" class="fnanchor">[52]</a> I have known -$600 damages given to a guest for an assault on him by his landlord.<a name="FNanchor_53_53" id="FNanchor_53_53"></a><a href="#Footnote_53_53" class="fnanchor">[53]</a> -I remember, too, a case where a man rejoicing in the trisyllabic name of -Prendergast was coming from Madras to London round the Cape of Storms, -having paid his fare as a cabin passenger. His habit was to reach across -others at table to help himself, and to take potatoes and broiled bones -in his fingers, devouring them as was the fashion in the days when Adam -delved and Eve span, if they had such things then. The captain, offended -at this ungentlemanly conduct, refused to treat Master P. as a -first-class<span class="pagenum"><a name="page_27" id="page_27">{27}</a></span> passenger, excluded him from the cabin, and would not allow -him to walk on the weather side of the ship. On reaching England, -Prendergast sued the captain for the breach of his agreement to carry -him as a cuddy passenger; the officer pleaded that the conduct of the -man had been vulgar, offensive, indecorous and unbecoming, but the son -of Neptune was mulcted in damages to the tune of £25, Chief Justice -Tindal observing that it would be difficult to say what degree of want -of polish would, in point of law, warrant a captain in excluding one -from the cuddy. Conduct unbecoming a gentleman in the strict sense of -the word might possibly justify him, but in this case there was no -imputation of the want of gentlemanly principles.<a name="FNanchor_54_54" id="FNanchor_54_54"></a><a href="#Footnote_54_54" class="fnanchor">[54]</a> But here, at last, -comes our dinner; let us show our neighbors how to handle knife and fork -aright.”</p> - -<p>And a very good dinner it was, too, although dished by a cook who had -not the talents of the ancient knights of the kitchen who could -dexterously serve up a sucking-pig boiled on one side and roasted on the -other, or make so true a fish out of turnips as to deceive sight, taste, -and smell. These antique masters of the gastronomic art knew how to suit -each dish to the need and necessity of each guest. They held to the -doctrine that the more the nourishment of the body is subtilized and -alembicated, the more will the qualities of the mind be rarefied and -quintessenced, too. For a young man destined to live in the atmosphere -of a royal court, whipped cream and calves’ trotters were supplied<span class="pagenum"><a name="page_28" id="page_28">{28}</a></span> by -them; for a sprig of fashion, linnets’ heads, essence of May beetles, -butterfly broth, and other light trifles; for a lawyer destined to the -chicanery of his profession and for the glories of the bar, sauces of -mustard and vinegar and other condiments of a bitter and pungent nature -would be carefully provided.<a name="FNanchor_55_55" id="FNanchor_55_55"></a><a href="#Footnote_55_55" class="fnanchor">[55]</a> As Lord Guloseton says, “The ancients -seem to have been more mental, more imaginative, than we in their -dishes; they fed their bodies, as well as their minds, upon delusion: -for instance, they esteemed beyond all price the tongues of -nightingales, because they tasted the very music of the birds in the -organ of their utterance. That is the poetry of gastronomy.”</p> - -<p>I noticed at a table near by a merry party. I afterward learned that it -was composed of a number of fast young men from the city, who had come -in to have a good dinner, and exhibit themselves, their garments, and -their graces before the assembled guests; and that, when the hour of -reckoning came, the needful wherewith to liquidate the little bill was -not forthcoming. The landlord insisted that each one was liable for the -whole, as there was no special agreement, (and this would generally be -the case<a name="FNanchor_56_56" id="FNanchor_56_56"></a><a href="#Footnote_56_56" class="fnanchor">[56]</a>) and that one who was solvent should pay the reckoning for -all; but, unfortunately for Boniface, his clerk had been told beforehand -that that moneyed man was the guest of the others, who were all as poor -as Job’s peahens; so that the poor man had no recourse against the -deadheads, in this<span class="pagenum"><a name="page_29" id="page_29">{29}</a></span> direction, at all events,<a name="FNanchor_57_57" id="FNanchor_57_57"></a><a href="#Footnote_57_57" class="fnanchor">[57]</a> and even the moneyed -gent got a free dinner. The worthies swaggered out, singing in an -undertone the words of an Ethiopian minstrel appropriate to the -occasion.</p> - -<p class="asstt">* * * * * *</p> - -<p>As my wife was returning to her room after dinner, she met a poor woman, -whose daily walk in life was from the wash-tub to the clothes-line, -looking in vain for some miserable sinner who had departed leaving his -laundry bill unpaid. After endeavoring in vain to console the woman, -Mrs. Lawyer, (who had a Quixotic way of interfering in other people’s -troubles) came running back to me to ask if the hotel-keeper was not -bound to pay for the washing. I told her of course not, unless he had -been in the habit of paying the laundry bills of guests who had left; -then an undertaking to that effect might be inferred, and it might be -considered as evidence of an antecedent promise.<a name="FNanchor_58_58" id="FNanchor_58_58"></a><a href="#Footnote_58_58" class="fnanchor">[58]</a> With this small -crumb of comfort, my wife returned to the user of soap and destroyer of -buttons.</p> - -<p>While sitting, <i>à la</i> Mr. Briggs, in the smoking-room, “with my -waistcoat unbuttoned, to give that just and rational liberty to the -subordinate parts of the human commonwealth which the increase of their -consequence after the hour of dinner naturally demands,” and gently, (as -good Bishop Hall puts it) “whiffing myself away in nicotian incense to -the idol of my intemperance,” a fellow-puffer spoke to me about the -excessive charges of the house.<span class="pagenum"><a name="page_30" id="page_30">{30}</a></span></p> - -<p>I told him that in the good old days of yore, and perchance even yet, an -innkeeper who charged exorbitant prices might be indicted, and that our -ancestors were wont to have the rates fixed by public proclamation.<a name="FNanchor_59_59" id="FNanchor_59_59"></a><a href="#Footnote_59_59" class="fnanchor">[59]</a></p> - -<p>He then remarked that he would not mind about the prices, if the -landlord had allowed him to do a little business in the place.</p> - -<p>“Your right to lodge and be fed in the house gives you no right to carry -on trade here,”<a name="FNanchor_60_60" id="FNanchor_60_60"></a><a href="#Footnote_60_60" class="fnanchor">[60]</a> I replied.</p> - -<p>“One of the waiters threatened to kick me yesterday for doing business.”</p> - -<p>“Oh, if you are assaulted by any of the servants, the proprietor is -liable to you in damages, though he was not himself present at the time, -or even consenting thereto,”<a name="FNanchor_61_61" id="FNanchor_61_61"></a><a href="#Footnote_61_61" class="fnanchor">[61]</a> I returned. Then, fearing lest I might -be nourishing a viper in the shape of a book-agent, or vendor of patent -articles, I left the room, the words of the poet running through my -brain:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Society is now one polished horde,<br /></span> -<span class="i1">Formed of two mighty tribes—the Bores and Bored.”<br /></span> -<span class="pagenum"><a name="page_31" id="page_31">{31}</a></span></div></div> -</div> - -<h2><a name="CHAPTER_III" id="CHAPTER_III"></a><span class="smcap">Chapter III.</span><br /><br /> -<small>ACCIDENTS, ROOMS, DOGS.</small></h2> - -<p>Next morning, as we were arranging whither we would wend our way, I -proposed taking a bus. My wife remarked positively that she wished that -I would not use that vulgar word. I returned:</p> - -<p>“Humph! Did you ever hear the story about Lord Campbell and the -omnibus?”</p> - -<p>“What was it?” she asked.</p> - -<p>“A lawyer while arguing before him continually spoke of a certain kind -of carriage as ‘a brougham,’ (pronouncing both syllables) whereupon his -lordship, with that pomposity for which he was rather noted, remarked -that ‘broom’ was the more usual, and not incorrect, pronunciation; that -such pronunciation was open to no grave objection, and had the great -advantage of saving the time consumed by uttering an extra syllable. -Shortly afterward Campbell spoke of an ‘omnibus.’ The counsel whom he -had shortly before corrected, jumped up with such promptitude that the -judge was startled into silence, exclaiming: ‘Pardon me, my Lord, the -carriage to which you draw attention is usually called ‘a bus’: that -pronunciation is open to no grave objection, and has the great advantage -of saving the time consumed by uttering <i>two</i> extra syllables.’ You can -easily draw the moral from that little tale, my dear.<span class="pagenum"><a name="page_32" id="page_32">{32}</a></span>”</p> - -<p>Into a bus we got, and out of it we got, in course of time. We went up -and down and in and out and roundabout, seeing the sights and doing the -town like many another couple had done before us, and will do again -during that most awkward of seasons, the honeymoon.</p> - -<p>While my spouse gazed in at some lovely silks, sweet feathers, and ducks -of bonnets, unmindful of the troubles that Moses underwent in obtaining -the latter part of the Decalogue, I took the opportunity of instilling -some legal doctrines and decisions into her head.</p> - -<p>“Remember,” I said, “the solemn words of the poet:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘Man wants but little here below,<br /></span> -<span class="i1">Nor wants that little long.’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p>“I fear that a woman like myself will have to wait very long before she -gets her little wants supplied,” she saucily interjected.</p> - -<p>“I was about to remark,” I sternly continued, “that if you are very -extravagant in your wardrobe and tastes, I will not be liable to pay all -your little bills. Once upon a time an English judge decided that a -milliner could not make a husband pay £5,287 for bonnets, laces, -feathers and ribbons supplied to his dear little wife during a few -months.”<a name="FNanchor_62_62" id="FNanchor_62_62"></a><a href="#Footnote_62_62" class="fnanchor">[62]</a></p> - -<p>“No power on earth could make you pay that sum, or anything like it; so -don’t worry yourself, my darling,” coolly and somewhat sarcastically -remarked Mrs. Lawyer.</p> - -<p>“Please do not interrupt. In another case it was<span class="pagenum"><a name="page_33" id="page_33">{33}</a></span> held that the price of -a sea-side suit, some £67, could not be collected from a husband—a poor -barrister—who had forbidden his wife to go to the watering place.”<a name="FNanchor_63_63" id="FNanchor_63_63"></a><a href="#Footnote_63_63" class="fnanchor">[63]</a></p> - -<p>“He must have been a very poor lawyer if he never had a suit that cost -more to some unfortunate client.”</p> - -<p>“Again, the Rev. Mr. Butcher”——</p> - -<p>“I like that name for a parson,” again interposed my wife. “It suggests, -you know, a slender frame, a pale face, taper fingers.”</p> - -<p>I paid no heed, but went on:</p> - -<p>---- “Was excused payment of some £900 for birds—loreèes, avadavats, -lovebirds, quakers, cutthroats—furnished his wife during the short -space of ten months.”<a name="FNanchor_64_64" id="FNanchor_64_64"></a><a href="#Footnote_64_64" class="fnanchor">[64]</a></p> - -<p>“But I will not be as extravagant as any of those misguided ladies -were,” remarked my wife, most sensibly.</p> - -<p>“Well, then, there will be no trouble. Everything necessary I will of -course pay for willingly, as I could be made to pay for them, if -unwilling. Even a piano, perhaps, I will stand;<a name="FNanchor_65_65" id="FNanchor_65_65"></a><a href="#Footnote_65_65" class="fnanchor">[65]</a> or false teeth;<a name="FNanchor_66_66" id="FNanchor_66_66"></a><a href="#Footnote_66_66" class="fnanchor">[66]</a> -but, mind you, not quack medicines,<a name="FNanchor_67_67" id="FNanchor_67_67"></a><a href="#Footnote_67_67" class="fnanchor">[67]</a> though you are a duck.”</p> - -<p>“I am glad to hear ‘that you’ll vouchsafe me raiment, bed, and food’; -please begin now with the last named necessary article, for I am -hungry.” Mrs. Lawyer was a practical woman.<span class="pagenum"><a name="page_34" id="page_34">{34}</a></span></p> - -<p>“I presume it is time for lunch,” I replied. “Ah me! I wish lawyers in -this nineteenth century could get their dinners as cheaply as they could -in days gone by, when the client paid therefor, as appears in many an -ancient register. The clerk of St. Margaret’s, Westminster, entered on -his books that he paid to Robert Fylpott, learned in the law, for his -counsel given, 3s. 8d., with 6d. for his dinner. <i>Tempora mutantur.</i> -There’s a restaurant. Let us enter.”</p> - -<p>We entered accordingly, and a very good luncheon we had, except for one -slight <i>contretemps</i>. While engaged upon my macaroni soup, a long, -reddish thread—as I surmised—revealed itself to my vision. Calling the -waiter, I demanded how it came there.</p> - -<p>“Ah!” said the man, quite cheerfully, “I can tell you where that came -from. Our cook’s in love, sir, and is constantly opening a locket -containing a lock of his sweetheart’s hair. Of course, some of it -occasionally falls into the dishes.”</p> - -<p>“Disgusting!” said my wife.</p> - -<p>“Beastly!” said I.</p> - -<p>The waiter calmly continued: “Beg pardon, sir, but would you mind giving -me the hair? You see, the cook is so fond of her that he is quite -pleased when I bring him back a stray hair or two.”</p> - -<p>Of course, I knew that accidents will, etc.; and everything else was -very good. My wife, however, wasted a good deal of time in listening in -wondering amazement to the calculations made at an adjoining table.<span class="pagenum"><a name="page_35" id="page_35">{35}</a></span></p> - -<p>“I don’t see how a waiter can remember such a long list of things, and -tell what they all come to so rapidly; or how any two men could eat as -much as those two did,” she remarked to me.</p> - -<p>“Pshaw!” I replied, “that is nothing to Mr. Smallweed’s arithmetical -powers, or to the gastronomic achievements of himself and his friends.”</p> - -<p>“And pray what did Mr. S. do?” asked my wife.</p> - -<p>“Why, when their little luncheon was over, and he was asked by the -pretty waitress what they had had, he replied, without a moment’s -hesitation: ‘Four veals and hams is 3 and 4 potatoes is 3 and 4 and one -summer cabbage is 3 and 6 and 3 marrows is 4 and 6 and 6 breads is 5 and -3 Cheshires is 5 and 3 and 4 pints of half-and-half is 6 and 3 and 4 -small rums is 8 and 3 and 3 Pollys is 8 and 6 and 8 and 6 in half a -sovereign, Polly, and 18 pence out.’<span class="lftspc">”</span></p> - -<p>When we rose to leave the room, we found that some one had left before -us with Mrs. Lawyer’s new umbrella. Silently I quitted the place, for I -knew that it had been decided that a restaurant is not an inn, so as to -charge the proprietor with the liabilities of an innkeeper toward -transient persons who take their meals there; (and the same rule applies -even though he does in fact keep in the same building an hotel, to which -the eating-house is attached;<a name="FNanchor_68_68" id="FNanchor_68_68"></a><a href="#Footnote_68_68" class="fnanchor">[68]</a>) and therefore it would be useless to -expect the proprietor to make good the loss. Nor is a refreshment bar -(where persons casually passing by receive the good things of this life -at a counter) an inn,<span class="pagenum"><a name="page_36" id="page_36">{36}</a></span> although it is connected with an hotel, and kept -under the same license, but entered by a separate door from the -street.<a name="FNanchor_69_69" id="FNanchor_69_69"></a><a href="#Footnote_69_69" class="fnanchor">[69]</a> Where, however, a servant once asked permission to leave a -parcel at a tavern, and the landlady refused to receive it; the man, -being a thirsty soul, called for something to drink, putting the parcel -on the floor behind him while imbibing, and while thus the spirit was -descending more rapidly than it ever did in the most sensitive -thermometer, the package disappeared, and never was seen again by the -owner; yet the innkeeper was held responsible for the loss.<a name="FNanchor_70_70" id="FNanchor_70_70"></a><a href="#Footnote_70_70" class="fnanchor">[70]</a></p> - -<p>An umbrella was bought and money expended for divers little odds and -ends before we went back to the hotel for dinner. On our return, Mr. -Deadhead and his wife entered the hotel just before us. They were -country cousins of the proprietor’s, and had been asked to dinner, or -had come without an invitation. As he was opening an inside door a large -pane of glass fell out of it, and, slightly grazing his hand, shivered -into a thousand pieces on the marble floor. I told him to rejoice that -he had been fortunate enough to escape with the loss of but a drop or -two of his vital fluid; for I remembered distinctly a similar accident -happening to my father’s old friend, Southcote, in England, years ago; -and although he sued the proprietor of the house, alleging that he (the -landlord) was possessed of an hotel, into which he had invited S. as a -visitor, and<span class="pagenum"><a name="page_37" id="page_37">{37}</a></span> in which there was a glass door which it was necessary for -him (S.) to open for the purpose of leaving, and which he, by the -permission of the owner, and with his knowledge, and without any warning -from him, lawfully opened, for the purpose aforesaid, as a door which -was in a proper condition to be opened, yet, by and through the -carelessness, negligence, and default of defendant, the door was then in -an insecure and dangerous condition, and unfit to be opened; and, by -reason of said door being in such insecure and dangerous condition, and -of the then carelessness, negligence, default, and improper conduct of -the defendant in that behalf, a large piece of glass fell from the door, -and wounded Southcote—yet, although he said all this, the Court of -Exchequer, with Pollock, C. B, at its head, decided that no cause of -action against the proprietor was disclosed.<a name="FNanchor_71_71" id="FNanchor_71_71"></a><a href="#Footnote_71_71" class="fnanchor">[71]</a> It was considered that -a visitor in a house was in the same position as any other member of the -establishment, so far as regards the negligence of the master or his -servants, and must take his chance of accidents with the rest.<a name="FNanchor_72_72" id="FNanchor_72_72"></a><a href="#Footnote_72_72" class="fnanchor">[72]</a> Baron -Bramwell, however, well said that where a person is in the house of -another, either on business or for any other lawful purpose, he has a -right to expect that the owner will take reasonable care to protect him -from injury, and will not leave trap-doors open down which he might -fall, or take him into a garden among spring-guns and man-traps.<a name="FNanchor_73_73" id="FNanchor_73_73"></a><a href="#Footnote_73_73" class="fnanchor">[73]</a></p> - -<p>At dinner—to which, in addition to the various<span class="pagenum"><a name="page_38" id="page_38">{38}</a></span> condiments provided by -mine host, we ourselves brought that best of sauces, hunger—there was -seated at a neighboring table Mrs. Deadhead, a friend of the -proprietor’s, as I have said, a lady of considerable amplitude of -person, and extensively bedecked with the diamonds of Golconda, the gold -of Australia, the lace of Lyons, the feathers of South Africa, the -millinery of New York, and attired in a silk dress of most fashionable -shape, color, and make. As a waiter was helping this very conspicuous -member of society to a plate of soup, he caught his foot in the -extensive train, stumbled, and placed the soup in her ladyship’s -lap—minus the plate. Great was the commotion, loud the reproaches, -abject the apologies.</p> - -<p>My wife thereupon whispered to me that the upset would not have mattered -much if the soup was any like hers.</p> - -<p>“Why not?” I queried, in some surprise, and anxious to learn as speedily -as possible the chemical peculiarities of a lady’s toilet.</p> - -<p>“Because then the dress would have been turned into a watered silk,” was -the only answer I got.</p> - -<p>It was some time before I saw the point, and then I smiled a dreary, -weary smile, and remarked that I hoped the lady was able to re-dress -herself, for I thought that she could get no redress from the -proprietor—at least, that legal luminary, Pollock, C. B., so insinuated -on one occasion.<a name="FNanchor_74_74" id="FNanchor_74_74"></a><a href="#Footnote_74_74" class="fnanchor">[74]</a></p> - -<p>My wife grew fidgety because the waiters were somewhat tardy in filling -her orders.<span class="pagenum"><a name="page_39" id="page_39">{39}</a></span></p> - -<p>“Look,” she said, “at those lazy fellows! Half a dozen of them doing -nothing, while we are kept waiting, still waiting.”</p> - -<p>“Doubtless,” I replied, “they have been deeply impressed with the truth -of that grand old Miltonic line:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘They also serve who only stand to wait.’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p class="asstt">* * * * * *</p> - -<p>While taking my post-prandial smoke, my interrogator of the previous -evening again approached me, and asked, in a grumbling voice, if the -landlord had a right to turn him out of one room, and put him into -another.</p> - -<p>“Oh, yes,” I replied; “he has the sole right of selecting the apartment -for each guest, and, if he finds it expedient, may change the room and -assign his patron another. There is no implied contract that one to whom -a particular room has been given shall retain it so long as he chooses -to pay for it.<a name="FNanchor_75_75" id="FNanchor_75_75"></a><a href="#Footnote_75_75" class="fnanchor">[75]</a> You pay your money, but you don’t take your choice.”</p> - -<p>“But I liked the room so much,” said Mr. Complaining Grumbler.</p> - -<p>“It matters not. The proprietor is not bound to comply with your -caprices.<a name="FNanchor_76_76" id="FNanchor_76_76"></a><a href="#Footnote_76_76" class="fnanchor">[76]</a> When you go to an hotel you have only a mere easement of -sleeping in one room, and eating and drinking in another, as Judge Maule -once remarked.”<a name="FNanchor_77_77" id="FNanchor_77_77"></a><a href="#Footnote_77_77" class="fnanchor">[77]</a></p> - -<p>“Can he turn me out of the house altogether?”</p> - -<p>“Certainly not, if you behave yourself; unless,<span class="pagenum"><a name="page_40" id="page_40">{40}</a></span> indeed, you neglect or -refuse to pay your bill upon reasonable demand.”<a name="FNanchor_78_78" id="FNanchor_78_78"></a><a href="#Footnote_78_78" class="fnanchor">[78]</a></p> - -<p>“I am going away by the night train,” said Mr. C. G., “and I did not -wish to go to bed; so he insisted upon taking my room, and told me I -might stay in the parlor until I left.”</p> - -<p>“And quite right, too. Although he cannot make you go to bed, or turn -you out of doors because you do not choose to sleep, still you cannot -insist upon having a bed-room in which to sit up all night, if you are -furnished with another room proper for that purpose.”<a name="FNanchor_79_79" id="FNanchor_79_79"></a><a href="#Footnote_79_79" class="fnanchor">[79]</a></p> - -<p>“I intend returning in the afternoon; can he refuse to take care of my -traps while I am absent?”</p> - -<p>“I fancy not, for a temporary absence does not affect the rights of a -guest.<a name="FNanchor_80_80" id="FNanchor_80_80"></a><a href="#Footnote_80_80" class="fnanchor">[80]</a> Long since, it was laid down as law that if one comes to an -inn with a hamper, in which he has goods, and goes away, leaving it with -the host, and in a few days comes back, but in the meantime his goods -are stolen, he has no action against the host, for at the time of -stealing he was not his guest, and by keeping the hamper the innkeeper -had no benefit, and therefore is not chargeable with the loss of it. But -it would be otherwise if the man is absent but from morn to dewy -eve;<a name="FNanchor_81_81" id="FNanchor_81_81"></a><a href="#Footnote_81_81" class="fnanchor">[81]</a> and where, in New York State, a guest, after spending a few -days at an hotel, gave up his room, left his valise—taking a check for -it<span class="pagenum"><a name="page_41" id="page_41">{41}</a></span>—and was gone eight days, without paying his bill; on returning, he -registered his name, took a room, and called for his bag, when another -appeared in its place, having the duplicate check attached: the Court of -Common Pleas held that, whether the case was considered as an ordinary -bailment, or as property in an inn keepers’ hands, on which he had a -lien, he was bound to exercise due care and diligence, and that he must -account for the loss, the changing of the check being evidence of -negligence.”<a name="FNanchor_82_82" id="FNanchor_82_82"></a><a href="#Footnote_82_82" class="fnanchor">[82]</a></p> - -<p>I rose to leave the room, for I was growing weary of this catechetical -performance; but my questioner’s budget was not yet exhausted, and, as I -made my exit, I heard him say:</p> - -<p>“Pardon me—one inquiry more: I was at the St. Nicholas last week when -it was burnt down, and I lost some of my clothes. Is the owner liable to -make good the damage sustained?”<a name="FNanchor_83_83" id="FNanchor_83_83"></a><a href="#Footnote_83_83" class="fnanchor">[83]</a></p> - -<p>I heeded not, and went to seek my wife. After some search through the -magnificent drawing-rooms of our sumptuous hotel, I at length found her -in an elegant parlor, seated at a piano, and gently playing some sweet -melodies. As I approached, she motioned me to be cautious. When I -reached her, I saw that a large spider was stationed at the edge of the -piano cover, apparently drinking in the harmony of sweet sounds to the -utmost extent of his arachnidian nature. My advent broke the spell, and -away the little hairy darkey rushed,<span class="pagenum"><a name="page_42" id="page_42">{42}</a></span> hand over hand, up his tiny cable -of four thousand twisted strands, till he was safe in the cornice of the -ceiling. My wife was charmed at her novel listener, and exclaimed: “Did -you ever see such a thing?”</p> - -<p>“No, but I have read of it,” I replied. “Michelet, in his charming book -on ‘The Insect,’ tells that a little musical prodigy, who at eight -astounded and stupefied his hearers by his mastery of the violin, was -forced to practice long weary hours in solitude. There was a spider, -however, in the room, which, entranced by the melodious strains, grew -more and more familiar, until at length it would climb upon the mobile -arm that held the bow. Little Berthome needed no other listener to -kindle his enthusiasm. But a cruel step-mother appeared on the scene -suddenly one day, and with a single blow of her slipper annihilated the -octopedal audience. The child fell to the ground in a deathlike faint, -and in three months was a corpse—dead from a broken heart.”</p> - -<p>“How sad!” said Mrs. Lawyer, in husky tones, as she blew her nose in a -suspicious manner.</p> - -<p>“Then there was also the musical spider of Pellison”—— A little -snarleyow of a dog here rushed in and barked so vigorously and furiously -that my wife never heard more of that spider. I tried to turn the -wretched creature out, but a puppy following—the owner—requested me to -leave it alone. I must say that I heartily concur with Mr. Justice -Manisty (and I sincerely trust that my concurrence will afford -encouragement to the learned gentleman<span class="pagenum"><a name="page_43" id="page_43">{43}</a></span> in his arduous office) in -holding that a guest cannot, under any circumstances, insist upon -bringing a dog into any room in a hotel where other guests are. On the -same occasion on which Judge Manisty expressed his views, Kelly, C. B., -remarked that he would not lay down the rule positively that under no -circumstances would a guest have a right to bring a dog into an inn; -there might possibly, he observed, be circumstances in which, if a -person came to an inn with a dog, and the innkeeper refused to put up -the animal in any stable or outbuilding, and there was nothing that -could make the canine a cause of alarm or an annoyance to others, its -owner might be justified in bringing it into the house. His lordship, -however, considered that a landlord had a right to refuse to provide for -the wants of a visitor who insisted upon coming with two very large St. -Bernard mastiffs, one a fierce creature, that had to be muzzled, the -other a dog of a gentler nature, but somewhat given to that bad habit -referred to in those Proverbs of Solomon which the men of Hezekiah, king -of Judah, copied out, and by the apostle St. Peter in his second -epistle.<a name="FNanchor_84_84" id="FNanchor_84_84"></a><a href="#Footnote_84_84" class="fnanchor">[84]</a></p> - -<p class="asstt">* * * * * *</p> - -<p>The next day there was a gentle ripple of excitement pervading the -house. Two cases of larceny came to light, and made the guests -communicative and talkative.</p> - -<p>In one case a Mr. Blank, his wife, and amiable and accomplished -daughter, (I can vouch for the<span class="pagenum"><a name="page_44" id="page_44">{44}</a></span> correctness of these adjectives; for I -had a very pleasant chat—to call it by a mild name—with her one day, -while Mrs. Lawyer was lying down after dinner) had a sitting-room and -bedroom <i>en suite</i>, so arranged that when the sitting-room door was open -one could see the entrances into both bedrooms. Mrs. B., being in her -room, laid upon the bed her reticule, in which was a by no means -despicable sum of money. She then rejoined her spouse and daughter in -the sitting-room, leaving the door between the two apartments open. Some -five minutes after, she sent Miss Blank—who was not too proud to run a -short errand for her kind mamma—for the bag; but lo! it was gone, and -was never again found by a member of the Blank family; for</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“In vain they searched each cranny of the house,<br /></span> -<span class="i1">Each gaping chink impervious to a mouse.”<br /></span> -</div></div> -</div> - -<p>The other robbery was of the goods of a young Englishman, who, the -previous evening, had been boastfully exhibiting some sovereigns in the -smoking-room. When he went to bed he had placed his watch and money on a -table in his room, left his door open, and, on morning dawning, was -surprised to find his time-piece and cash vanished with the early dew. -Other people would have been surprised if they had remained.</p> - -<p>I fell into conversation on the subject of these depredations with a -gentleman whom I afterward discovered to be a member of Lincoln’s Inn, a -place which bears very little resemblance to our American hotels.<span class="pagenum"><a name="page_45" id="page_45">{45}</a></span></p> - -<p>“<span class="lftspc">’</span>Tis very strange,” said Mr. Learned Inthelaw, “how history repeats -itself, even in insignificant matters.”</p> - -<p>I bowed, and remarked: “A very sensible man once observed that there was -nothing new under the sun.”</p> - -<p>“He did not live, however, in this our nineteenth century,” was the -reply. “But what I was going to say was that there are two cases -reported in our English law-books exactly similar to the two occurrences -of to-day.”</p> - -<p>“That is singular. What were the decisions?”</p> - -<p>“In the reticule case,<a name="FNanchor_85_85" id="FNanchor_85_85"></a><a href="#Footnote_85_85" class="fnanchor">[85]</a> the hotel-keeper was held responsible for the -loss; in the other,<a name="FNanchor_86_86" id="FNanchor_86_86"></a><a href="#Footnote_86_86" class="fnanchor">[86]</a> it was considered that the guest had been guilty -of negligence so as to absolve the host. You know that with us it was -decided, about the time that Columbus was discovering America, that an -innkeeper is liable for the goods of his guests if damaged or stolen -while under his care as an innkeeper;<a name="FNanchor_87_87" id="FNanchor_87_87"></a><a href="#Footnote_87_87" class="fnanchor">[87]</a> and in such cases he is not -freed from his grave responsibility by showing that neither himself nor -his servants are to blame, but in every event he is liable unless the -loss or injury is caused by the act of God, or the queen’s enemies, or -the fault, direct or implied, of the guest<a name="FNanchor_88_88" id="FNanchor_88_88"></a><a href="#Footnote_88_88" class="fnanchor">[88]</a>—and that even though the -poor man has not only not been negligent, but has even been diligent in -his efforts to save the property of his guest.”<a name="FNanchor_89_89" id="FNanchor_89_89"></a><a href="#Footnote_89_89" class="fnanchor">[89]</a><span class="pagenum"><a name="page_46" id="page_46">{46}</a></span></p> - -<p>“The rule is the same with us,”<a name="FNanchor_90_90" id="FNanchor_90_90"></a><a href="#Footnote_90_90" class="fnanchor">[90]</a> I replied, “and it extends to all -personal property the guest brings with him, whatever may be the value -or the kind.<a name="FNanchor_91_91" id="FNanchor_91_91"></a><a href="#Footnote_91_91" class="fnanchor">[91]</a> And if the proprietor happens to be absent he is still -liable for the conduct of those he has left in charge.<a name="FNanchor_92_92" id="FNanchor_92_92"></a><a href="#Footnote_92_92" class="fnanchor">[92]</a> Innkeepers, -as well as common carriers, are regarded as insurers of the property -committed to their care. The law rests on the same principles of policy -here as in England and other countries, and is wise and reasonable.”<a name="FNanchor_93_93" id="FNanchor_93_93"></a><a href="#Footnote_93_93" class="fnanchor">[93]</a></p> - -<p>“But it seems very severe upon innkeepers,” remarked a by-stander.</p> - -<p>“Rigorous as the law may seem, my dear sir,” replied my friend of -Lincoln’s Inn, “and hard as it may actually be in one or two particular -instances, yet it is founded on the great principle of public utility to -which all private considerations ought to yield; for travelers, who must -be numerous in a rich and commercial country, are obliged to rely almost -implicitly on the good faith of innkeepers, whose education and morals -are often none of the best, and who might have frequent opportunities -for associating with ruffians and pilferers; while the injured guest -could seldom or never obtain legal proof of such combinations, or even -of their negligence, if no actual fraud had been committed by them.”<a name="FNanchor_94_94" id="FNanchor_94_94"></a><a href="#Footnote_94_94" class="fnanchor">[94]</a></p> - -<p>“What did the old Roman law say on the sub<span class="pagenum"><a name="page_47" id="page_47">{47}</a></span>ject?” inquired old Dr. -Dryasdust, who considered that nothing done or said on the hither side -of the Middle Ages was worthy of consideration.</p> - -<p>“They, sir, were equally anxious to protect the public against dishonest -publicans, and by their edicts gave an action against them if the goods -of travelers were lost or hurt by any means except <i>damno fatali</i>, or by -inevitable accident; and even then Ulpian intimates that innkeepers were -not altogether restrained from knavish practices or suspicious -neglect.”<a name="FNanchor_95_95" id="FNanchor_95_95"></a><a href="#Footnote_95_95" class="fnanchor">[95]</a></p> - -<p>“Still,” said the by-stander aforesaid, “I do not see how the reticule -can be considered to have been under our landlord’s care.”</p> - -<p>“To render him liable it is not necessary that the goods be placed in -his special keeping, or brought to his special notice. If they be in the -inn, brought there in an ordinary and reasonable way by a guest, it is -sufficient to charge the proprietor.”<a name="FNanchor_96_96" id="FNanchor_96_96"></a><a href="#Footnote_96_96" class="fnanchor">[96]</a></p> - -<p>“Yes,” I chimed in, “and it does not matter in what part of the hotel -the goods are kept, whether ‘up-stairs, or down-stairs, or in the lady’s -chamber’: while they are anywhere within it, they are under the care of -Boniface, and he is responsible for their safe custody. He is equally -liable, whether baggage is put in a bedroom, a horse handed over to the -care of the hostler,<a name="FNanchor_97_97" id="FNanchor_97_97"></a><a href="#Footnote_97_97" class="fnanchor">[97]</a> or goods placed in an out<span class="pagenum"><a name="page_48" id="page_48">{48}</a></span>house belonging to -the establishment and used for that sort of articles.<a name="FNanchor_98_98" id="FNanchor_98_98"></a><a href="#Footnote_98_98" class="fnanchor">[98]</a> My friend -Epps, on one occasion, went to an inn down in Mississippi, and had his -trunk taken to his bedroom, and it being broken into at night and the -money purloined, the innkeeper was held liable.”<a name="FNanchor_99_99" id="FNanchor_99_99"></a><a href="#Footnote_99_99" class="fnanchor">[99]</a></p> - -<p>“A friend of mine,” said the English gent, “who was in the employ of a -sweet fellow of the name of Candy, on arriving at an inn gave his -luggage to Boots, who placed one package in the hall; afterwards the -servant wished to carry it into the commercial room, but the owner -requested him to leave it where it was; the parcel mysteriously -disappeared, and the innkeeper had the pleasure of paying for it.”<a name="FNanchor_100_100" id="FNanchor_100_100"></a><a href="#Footnote_100_100" class="fnanchor">[100]</a></p> - -<p>“In fact, I believe an innkeeper cannot make his guest take care of his -own goods;<a name="FNanchor_101_101" id="FNanchor_101_101"></a><a href="#Footnote_101_101" class="fnanchor">[101]</a> nor is a traveler bound to deposit his valuables in the -hotel safe, even though he may know that there is one kept for the -reception of such articles, and there is a regulation of the house -requiring articles of value to be so deposited,”<a name="FNanchor_102_102" id="FNanchor_102_102"></a><a href="#Footnote_102_102" class="fnanchor">[102]</a> I remarked.</p> - -<p>“Are you not stating that rather broadly?” questioned my legal confrere.</p> - -<p>“No Vatican Council has proclaimed me infallible. I know full well that -when the poet said ‘to err is human,’ he spoke truth. Of course, I am<span class="pagenum"><a name="page_49" id="page_49">{49}</a></span> -speaking only of the rule in States in which there is no special law or -statute on the point, limiting the liability of publicans,” I replied.</p> - -<p>“I think, however,” said Mr. Inthelaw, the Englishman, “that it has been -held that the innkeeper may refuse to be responsible for the safe -custody of the guest’s goods unless they are put in a certain place, and -if the guest objects to this, the host will be exonerated in case of -loss.<a name="FNanchor_103_103" id="FNanchor_103_103"></a><a href="#Footnote_103_103" class="fnanchor">[103]</a> And a guest who has actual notice of a regulation of the inn -as to the deposit of valuables, and has not complied with it, takes the -risk of loss happening from any cause, except, of course, the actual -sins of emission and commission of the landlord or his servants.”<a name="FNanchor_104_104" id="FNanchor_104_104"></a><a href="#Footnote_104_104" class="fnanchor">[104]</a></p> - -<p>“And very reasonably,” remarked a by-stander.</p> - -<p>“But clear and unmistakable notice of these regulations restricting the -publican’s liability must certainly be given,”<a name="FNanchor_105_105" id="FNanchor_105_105"></a><a href="#Footnote_105_105" class="fnanchor">[105]</a> I asserted. “And,” I -continued, “I believe a distinction has been taken, and it appears to -rest upon good reason, between those effects of a traveler not -immediately requisite to his comfort, and those essential to his -personal convenience, and which it is necessary that he should have -constantly about him; so that, though personally notified, he is not -bound to deposit the latter with the innkeeper.<span class="pagenum"><a name="page_50" id="page_50">{50}</a></span> And, perhaps, this -distinction will explain the apparently contradictory decisions.”<a name="FNanchor_106_106" id="FNanchor_106_106"></a><a href="#Footnote_106_106" class="fnanchor">[106]</a></p> - -<p>“Doubtless the notice must be clear. Even a printed notification is not -sufficient. It must be brought home to the mind of the guest, or at -least to his knowledge, before he enters and takes possession of his -room, so that, if he does not like the regulations, he may go -elsewhere.<a name="FNanchor_107_107" id="FNanchor_107_107"></a><a href="#Footnote_107_107" class="fnanchor">[107]</a> In one case, the register was headed with the notice, -‘Money and valuables, it is agreed, shall be placed in the safe in the -office; otherwise, the proprietor will not be liable for loss’; and Mr. -Bernstein duly entered his name in the book; still he was not held bound -by the notice, as there was no proof that it was seen or assented to by -him.”<a name="FNanchor_108_108" id="FNanchor_108_108"></a><a href="#Footnote_108_108" class="fnanchor">[108]</a></p> - -<p>By-stander here remarked: “My father kept an inn in New York State, and -once told a man of the name of Purvis, when he arrived at the house, -that there was a safe for valuables, and that he would not be -responsible for his unless they were placed in it. Purvis, however, -neglected the caution, and left $2,000 in gold in a trunk in his -bed-room, locked the door, and gave the key to my father. Some thief -broke through and stole, and Purvis tried to make the old gentleman -responsible for the theft; but the court did not agree with him, and -considered that he alone must bear the loss.”<a name="FNanchor_109_109" id="FNanchor_109_109"></a><a href="#Footnote_109_109" class="fnanchor">[109]</a><span class="pagenum"><a name="page_51" id="page_51">{51}</a></span></p> - -<p>“The host is not liable for the loss of goods if, at the time of their -disappearance, they were in the exclusive possession of their -owner,<a name="FNanchor_110_110" id="FNanchor_110_110"></a><a href="#Footnote_110_110" class="fnanchor">[110]</a> and it will generally be left to an intelligent jury to say -whether or not the articles were in the sole custody of the guest,”<a name="FNanchor_111_111" id="FNanchor_111_111"></a><a href="#Footnote_111_111" class="fnanchor">[111]</a> -remarked Mr. Inthelaw.</p> - -<p>“What do you mean?” asked one.</p> - -<p>“For instance, where a Brummagem man, traveling for orders, came to an -inn with three boxes of goods; the travelers’ room did not meet with his -approbation, so he asked for another one up stairs, where he might -display his wares. The lady of the house gave him one with a key in the -door, and told him to keep it locked. The boxes were taken to the new -apartment, and after dining in the travelers’ room, the Brummagem -gent—who seemed inclined to put on airs—took his precious self into -the new room, and there also he took his wine. After his repast, he -exhibited his wares—chiefly jewelry—to a customer, and in the cool of -the evening went out to see the town, leaving the door unlocked, and the -key outside. (So the reporter tells us, though why he need have taken -the trouble to leave the door unlocked if the key was on the outside, or -the key outside if the door was unlocked, I cannot understand.) While he -was away, two of his boxes went away, too. He sued the proprietor of the -house for damages, but got nothing. He applied for a new trial, but with -like success. Lord<span class="pagenum"><a name="page_52" id="page_52">{52}</a></span> Ellenborough remarked that it seemed to him that the -care of the goods in a room used for the exhibition of the goods to -persons over whom the innkeeper could have no check or control hardly -fell within the limits of his duty as an innkeeper; that the room was -not merely intrusted to our friend in the ordinary character of a guest -frequenting an inn, but that he must be understood as having special -charge of it. And another learned judge gave it as his sentiments that -the traveler should be taken to have received the favor of the private -room <i>cum onere</i>; that is, he accepted it upon the condition of taking -the goods under his own care.”<a name="FNanchor_112_112" id="FNanchor_112_112"></a><a href="#Footnote_112_112" class="fnanchor">[112]</a></p> - -<p>“But,” I said, “of course, simply ordering goods to be placed in a -particular room is not such a taking under one’s own care as to absolve -an innkeeper from his responsibility.<a name="FNanchor_113_113" id="FNanchor_113_113"></a><a href="#Footnote_113_113" class="fnanchor">[113]</a> I recollect a case where a -traveler, on arriving, requested his <i>impedimenta</i>, as old Cæsar used to -say, to be taken to the commercial room; they were, and they were -stolen, and the innkeeper was held bound to recoup the man, although he -proved that the usual practice of the house was to place the luggage in -the guest’s room, and not in the commercial room, unless an express -order was given to the contrary. The chief justice remarked that if mine -host had intended not to be responsible unless his guests chose to have -their goods placed in their sleeping apartments, or such other place as -to him might seem meet, he should have told them so.”<a name="FNanchor_114_114" id="FNanchor_114_114"></a><a href="#Footnote_114_114" class="fnanchor">[114]</a><span class="pagenum"><a name="page_53" id="page_53">{53}</a></span></p> - -<p>By-stander observed that the law seemed inconsistent, as there did not -appear to be much difference between the two cases.</p> - -<p>“Mr. Justice Holroyd distinguished the latter from the former case by -saying that the Birmingham man asked to have a room which he used for -the purposes of trade, not merely as a guest in the inn.<a name="FNanchor_115_115" id="FNanchor_115_115"></a><a href="#Footnote_115_115" class="fnanchor">[115]</a> In -Wisconsin, it was held that the retention by a guest of money or -valuables upon his person was not such exclusive control as to exonerate -an innkeeper from liability, if the loss was not induced by the -negligence or misconduct of the guest,”<a name="FNanchor_116_116" id="FNanchor_116_116"></a><a href="#Footnote_116_116" class="fnanchor">[116]</a> remarked one who knew -whereof he affirmed.</p> - -<p>“An hotel-keeper is of course liable for the conduct of another guest, -placed in a room already occupied, without the consent of the -occupant.<a name="FNanchor_117_117" id="FNanchor_117_117"></a><a href="#Footnote_117_117" class="fnanchor">[117]</a> And where a guest left his door unlocked, because he was -told that he must either do so or get up in the night and open it, as -others had to share the room with him, the innkeeper was held liable for -everything lost.”<a name="FNanchor_118_118" id="FNanchor_118_118"></a><a href="#Footnote_118_118" class="fnanchor">[118]</a></p> - -<p>This very learned and intensely uninteresting discussion was here -summarily put a stop to by the appearance in the room of several ladies -who had respectively claims upon the respective talkers, and who were -ready and willing to inspect the inside of the luncheon hall.</p> - -<p>“How singularly our hours of refection have changed,” remarked Mr. L. -Inthelaw. “You re<span class="pagenum"><a name="page_54" id="page_54">{54}</a></span>member that in the sixteenth century the saying was:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘Lever à cinq, diner à neuf,<br /></span> -<span class="i1">Souper à cinq, coucher à neuf,<br /></span> -<span class="i1">Fait vivre d’ans nonante et neuf.’<br /></span> -</div></div> -</div> - -<p>“And even in the early days of the reign of Louis XIV the dinner hour of -the court was eleven o’clock, or noon at the latest.”</p> - -<p>“Yes,” I replied, “I have noticed that the historians say that one of -the causes which hastened the death of Louis XII was his changing his -dinner hour from nine to twelve at the solicitation of his wife. What a -fine house this is!”</p> - -<p>“Well, sir,” was the response, “believe a stranger and a foreigner when -he tells you that, good as are some of the hotels in Europe, the -American ones surpass them all both in size and in general fitness of -purpose.”</p> - -<p>“I am glad to hear you say so. I presume that the great extent of our -territory, the natural disposition of our people to travel, our -extensive network of railways, have developed our hotel system, and made -it, as you say, without a parallel in the world,” I replied.</p> - -<p>“Have you traveled much, sir?” asked Mrs. Lawyer.</p> - -<p>“Yes, well nigh all round the world. And so, I flatter myself, I have -had more experience in hotels than most men.”</p> - -<p>“You must have seen a great variety,” I remarked.</p> - -<p>The Englishman smilingly replied: “In far off China I have carried about -my own bedding from<span class="pagenum"><a name="page_55" id="page_55">{55}</a></span> inn to inn, not caring to occupy that in which a -Celestial, a Tartar, or a Russian had slept the night before. In France, -I have taken around my little piece of soap, an almost unknown luxury in -Continental hotels. In India, I have lodged in the dak bungalows -provided by the government, where the articles of furniture are like -donkey’s gallops—few and far between. There you must manage the -commissariat department yourself if you would not starve. I remember -once stopping at one of the best country hotels in the Bombay -Presidency, and was given a sitting-room, a bed-room, and a bath-room; -but in the first a number of birds had built their nests, and flew in -and out and roundabout at their pleasure; in the bed-room a colony of -ants swarmed over the floor, while in my third room cockroaches and -other creeping things gave a variegated hue to the pavement; everything -else was in keeping.”</p> - -<p>“Horrors!” exclaimed Mrs. L.</p> - -<p>“Unpleasant, to say the least,” I remarked, “unless, indeed, you were a -naturalist.”</p> - -<p>“I think,” continued our traveled friend, “that one never feels at home -in an European hotel. You never know your landlord or your -fellow-sojourners; the <i>table d’hôte</i> in the grand dining-halls prevents -all intercourse between the guests; they never have a smoking-room, a -billiard-room, a bar-room, or a bath-room; if you want to do ‘tumbies’ -you are furnished with a regular old tub.”</p> - -<p>“I know that from experience”, said my wife. “Once at a grand hotel in -Florence I wanted a bath, and was promised one. By-and-by, as I sat at<span class="pagenum"><a name="page_56" id="page_56">{56}</a></span> -my window in the gloaming, I saw a man trundling a handcart containing a -bath and some barrels. In a few minutes two men solemnly ushered this -identical tub into my room, then in three successive trips they brought -in three barrels of water, two cold, the other hot; a sheet was spread -over the bath, and the water allowed to gurgle out of the bunghole into -it, while with uprolled sleeve the swarthy Italian mingled the hot and -the cold with his hand till what he considered a suitable temperature -was gained. When all was ready, the man coolly asked how soon he should -come back for his apparatus. Actually there was neither bath nor water -in the hotel, although the Arno rolled beneath its windows. As you say, -bath-rooms are unknown in civilized Europe.”</p> - -<p>“Then, again,” I said, “if you want your dinner, and are not at <i>table -d’hôte</i>, you must write out a list of what you want as long as a -newspaper editorial, hand it in, and wait longer than it would take to -set it up in type before the eatables appear. I have known people wait -an hour at swell hotels, and then go away unsatisfied.”</p> - -<p>“There are plenty of hotels in all large English towns,” said our -friend; “but none a quarter of the size of the large caravansaries to be -found in New York, Philadelphia, Chicago, or San Francisco. Their -exteriors are rather fine, a few rooms are well furnished; but, on the -whole, they are dark and dingy.”</p> - -<p>“Were you ever at the Grand Hôtel du Louvre, in Paris?” asked my wife.<span class="pagenum"><a name="page_57" id="page_57">{57}</a></span></p> - -<p>“Yes. What a splendid place it is! The dining-room is not the largest, -but it is as fine as any in the world; its ornamentation is so chaste, -its chandeliers so splendid, its mirrors so magnificent, and the dinner -is perfection; in fact, as some one says, it is the elysium of the -<i>bon-vivants</i> and the paradise of the esthetic. But if I go on in this -style you will take me for a ‘runner’ for first-class hotels.” We then -passed on to another subject, as the reader must to another chapter.<span class="pagenum"><a name="page_58" id="page_58">{58}</a></span></p> - -<h2><a name="CHAPTER_IV" id="CHAPTER_IV"></a><span class="smcap">Chapter IV.</span><br /><br /> -<small>GUESTS, WAGERS, AND GAMES.</small></h2> - -<p>A fashionable young gent—a dweller in the city—(on whose face nature, -as in the case of the Honorable Percy Popjoy, had burst out with a -chin-tuft, but, exhausted with the effort, had left the rest of the -countenance smooth as an infant’s cheek) had been enjoying himself with -some kindred spirits, (and some spirits far stronger, too,) and being -belated, as well as rather bewildered, with the potations of the -evening, went to bed in our hotel. The next morning he found himself the -possessor of a splitting headache, but minus his gold repeater; so he -kindly and condescendingly consulted me upon the subject of the -proprietor’s liability to make good his loss.</p> - -<p>I told him that in my opinion he had better save up his money and buy a -new watch, for there were several reasons why the hotel-keeper need not -give him one.</p> - -<p>“What are they?” he asked.</p> - -<p>“We need not consider,” I replied, “the question of your negligence in -carelessly exhibiting your watch among a lot of people at the bar, nor -in leaving your door unlocked, nor need we say that because your -intoxication contributed to the loss, therefore the landlord is not -liable.<a name="FNanchor_119_119" id="FNanchor_119_119"></a><a href="#Footnote_119_119" class="fnanchor">[119]</a> The fact<span class="pagenum"><a name="page_59" id="page_59">{59}</a></span> that you were not a traveler is sufficient to -prevent your recovering. Long since it was laid down in old Bacon that -inns are for passengers and wayfaring men, so that a friend or a -neighbor can have no action as a guest against the landlord.”<a name="FNanchor_120_120" id="FNanchor_120_120"></a><a href="#Footnote_120_120" class="fnanchor">[120]</a></p> - -<p>“What in thunder have I to do with what is laid down in old Bacon?”</p> - -<p>“What is to be found inside old Bacon, and old calf, and old sheep, has -a good deal to do with every one who makes an old pig of himself,” I -testily replied.</p> - -<p>“I trust, sir, that you use that last epithet in its Pickwickian sense,” -said the young exquisite.</p> - -<p>“Certainly, certainly,” I hastened to reply, “if you will so accept it.”</p> - -<p>“Then I would ask,” continued my interrogator, “must a man be a certain -length of time at an hotel before he is entitled to the privileges of a -guest?”</p> - -<p>“Oh, dear, no! Merely purchasing temporary refreshment at an inn makes -the purchaser a guest and renders the innkeeper liable for the safety of -the goods he may have with him,<a name="FNanchor_121_121" id="FNanchor_121_121"></a><a href="#Footnote_121_121" class="fnanchor">[121]</a> if he is a traveler.”</p> - -<p>“But who is a traveler?”</p> - -<p>“One who is absent from his home, whether on pleasure or business.<a name="FNanchor_122_122" id="FNanchor_122_122"></a><a href="#Footnote_122_122" class="fnanchor">[122]</a> -A townsman or neighbor, who is actually traveling, may be a guest.<a name="FNanchor_123_123" id="FNanchor_123_123"></a><a href="#Footnote_123_123" class="fnanchor">[123]</a> -In a<span class="pagenum"><a name="page_60" id="page_60">{60}</a></span> New York case, where a resident of the town left his horses at the -inn stables, it was decided that the proprietor was not liable for -them.<a name="FNanchor_124_124" id="FNanchor_124_124"></a><a href="#Footnote_124_124" class="fnanchor">[124]</a> So if a ball is given at an hotel the guests present cannot -hold the proprietor liable for any losses occurring while they are -tripping the light fantastic toe, as he did not receive them in his -public capacity.”<a name="FNanchor_125_125" id="FNanchor_125_125"></a><a href="#Footnote_125_125" class="fnanchor">[125]</a></p> - -<p>“But,” remarked a person standing by, “but how would it be if a traveler -left his baggage at an hotel and stopped elsewhere?”</p> - -<p>“If one leaves any dead thing, as baggage, at an inn he will not be -considered a guest;<a name="FNanchor_126_126" id="FNanchor_126_126"></a><a href="#Footnote_126_126" class="fnanchor">[126]</a> if, on the other hand, he leaves a horse, he -becomes entitled to all the privileges and immunities of a guest, even -though he himself lodges elsewhere.”<a name="FNanchor_127_127" id="FNanchor_127_127"></a><a href="#Footnote_127_127" class="fnanchor">[127]</a></p> - -<p>“Why the difference?” quoth one.</p> - -<p>“I might, perhaps, be more correct if I said that on this point the -authorities are antagonistic.<a name="FNanchor_128_128" id="FNanchor_128_128"></a><a href="#Footnote_128_128" class="fnanchor">[128]</a> The distinction, however, was made -because, as the horse must be fed, the innkeeper has a profit out of it, -whereas he gets nothing out of a dead thing.<a name="FNanchor_129_129" id="FNanchor_129_129"></a><a href="#Footnote_129_129" class="fnanchor">[129]</a> One need not, however, -take all his meals or lodge every night at the inn where his baggage is. -It is sufficient if he takes a room and lodges or boards at the house -part of the time.”<a name="FNanchor_130_130" id="FNanchor_130_130"></a><a href="#Footnote_130_130" class="fnanchor">[130]</a><span class="pagenum"><a name="page_61" id="page_61">{61}</a></span></p> - -<p>“I think I have heard that if one makes an agreement for boarding by the -week, he ceases to have the rights of a guest,” said the previous -speaker.</p> - -<p>“The length of time for which a person resides at an hotel does not -affect his rights, so long as he retains his transient character;<a name="FNanchor_131_131" id="FNanchor_131_131"></a><a href="#Footnote_131_131" class="fnanchor">[131]</a> -nor does he cease to be a guest by proposing after his arrival to remain -a certain time, nor by his ascertaining the charges, nor by paying in -advance, nor from time to time as his wants are supplied,<a name="FNanchor_132_132" id="FNanchor_132_132"></a><a href="#Footnote_132_132" class="fnanchor">[132]</a> nor even -by arranging to pay so much a week for his board, if he stays so long, -after he has taken up his quarters at the house;<a name="FNanchor_133_133" id="FNanchor_133_133"></a><a href="#Footnote_133_133" class="fnanchor">[133]</a> but if when he -first arrives he makes a special agreement as to board,<a name="FNanchor_134_134" id="FNanchor_134_134"></a><a href="#Footnote_134_134" class="fnanchor">[134]</a> or for the -use of a room,<a name="FNanchor_135_135" id="FNanchor_135_135"></a><a href="#Footnote_135_135" class="fnanchor">[135]</a> he never becomes a guest, and the innkeeper’s -liability is totally different, being only that of an ordinary bailee. -One visiting a boarder at an inn is a guest, and the keeper is liable -for the loss of his goods, though not of the boarder’s.”<a name="FNanchor_136_136" id="FNanchor_136_136"></a><a href="#Footnote_136_136" class="fnanchor">[136]</a></p> - -<p>“And when does a person cease to have the rights of a guest?” again -queried the questioner.</p> - -<p>I replied, “An innkeeper’s liability, as such, ceases when the guest -pays his bill and quits the house with the declared intention of not -returning,<span class="pagenum"><a name="page_62" id="page_62">{62}</a></span> and if he then leaves any of his possessions behind him, the -landlord is no longer liable for their safe keeping, unless he has taken -special charge of them, and then only as any other common bailee would -be.<a name="FNanchor_137_137" id="FNanchor_137_137"></a><a href="#Footnote_137_137" class="fnanchor">[137]</a> And this appears to be so, even when an arrangement has been -made for the keep of the guest’s horse.<a name="FNanchor_138_138" id="FNanchor_138_138"></a><a href="#Footnote_138_138" class="fnanchor">[138]</a> Unless specially -authorized, a clerk cannot bind his master by an agreement to keep -safely a guest’s baggage after he leaves.”<a name="FNanchor_139_139" id="FNanchor_139_139"></a><a href="#Footnote_139_139" class="fnanchor">[139]</a></p> - -<p>“But supposing one pays his bills and goes off expecting to have his -traps sent after him immediately to the station?” questioned a new -interrogator.</p> - -<p>“Mrs. Clark went to ‘The Exchange Hotel’ in Atlanta, with eight trunks; -on leaving, the porter of the inn took charge of the baggage, promising -to deliver it for her at the cars. He lost two of the pieces, and it was -held that the liability of the hotel-keeper continued until such -delivery was actually made.<a name="FNanchor_140_140" id="FNanchor_140_140"></a><a href="#Footnote_140_140" class="fnanchor">[140]</a> On the same principle that when an -innkeeper sends his porter to the cars to receive the baggage of -intending guests, he is responsible until it is actually re-delivered -into the custody of the guests. And where a man paid his bill for the -whole day and went off, leaving his trunk, with twenty cents for -porterage, to be sent to the boat, the innkeeper was held liable until -the baggage was actually put on board.<a name="FNanchor_141_141" id="FNanchor_141_141"></a><a href="#Footnote_141_141" class="fnanchor">[141]</a> The liability for bag<span class="pagenum"><a name="page_63" id="page_63">{63}</a></span>gage -left with an innkeeper with his consent, continues for a reasonable time -after the settlement of the bill, and even after a reasonable time he is -responsible for gross negligence.<a name="FNanchor_142_142" id="FNanchor_142_142"></a><a href="#Footnote_142_142" class="fnanchor">[142]</a> Where a visitor had actual notice -that the landlord would not be responsible for valuables unless put -under his care, and on preparing to depart gave a trunk containing -precious goods into the care of the servants and it was lost, yet the -innkeeper was held liable.<a name="FNanchor_143_143" id="FNanchor_143_143"></a><a href="#Footnote_143_143" class="fnanchor">[143]</a> So, also, where valuables were stolen -from a trunk after the guest had packed it, locked his room, and given -notice of his departure, and delivered the key of his room to the clerk -to have the trunk brought down.<a name="FNanchor_144_144" id="FNanchor_144_144"></a><a href="#Footnote_144_144" class="fnanchor">[144]</a> What is all that row about?”</p> - -<p>Weary of the conversation, and being attracted by some rather loud -conversation in another part of the room, I walked off to see what it -was all about, and soon found that it was anent a young lady’s age.</p> - -<p>“I bet you she is—” began one of the disputants.</p> - -<p>“Stop!” I cried, “that is not a proper wager.”</p> - -<p>“Begad! what do you mean, sir?” was queried in tones not the mildest.</p> - -<p>“Simply that where a wager concerns the person of another, no action can -be maintained upon it. As Buller, J., once remarked, a bet on a lady’s -age, or whether she has a mole on her face, is void. No person has a -right to make it a subject of discussion in a court of justice, whether -she passes herself in<span class="pagenum"><a name="page_64" id="page_64">{64}</a></span> the world to be more in the bloom of youth than -she really is, or whether what is apparent to every one who sees her, is -a mole or a wart; although a lady cannot bring an action against a man -for saying she is thirty-three when she passes for only twenty-three, -nor for saying she has a wart on her face. Nor will the courts try a -wager as to whether a young lady squints with her right eye or with her -left.<a name="FNanchor_145_145" id="FNanchor_145_145"></a><a href="#Footnote_145_145" class="fnanchor">[145]</a> And Lord Mansfield came to very much the same conclusion in -discussing the law in a celebrated wager case concerning the gender of a -certain individual,<a name="FNanchor_146_146" id="FNanchor_146_146"></a><a href="#Footnote_146_146" class="fnanchor">[146]</a> because, as his lordship remarked, actions on -such wagers would disturb the peace of individuals and society.”</p> - -<p>“Confound it, the fellow seems to have swallowed a law library,” -muttered one man; while another said,</p> - -<p>“But surely many wagers equally as absurd have been sued on in courts of -law with success.”</p> - -<p>“There is no doubt of that,” I replied. “It was done upon a bet of ‘six -to four that Bob Booby would win the plate at the New Lichfield -races;’<a name="FNanchor_147_147" id="FNanchor_147_147"></a><a href="#Footnote_147_147" class="fnanchor">[147]</a> also, upon a wager of a ‘rump and dozen’ whether one of the -betters were older than the other.<a name="FNanchor_148_148" id="FNanchor_148_148"></a><a href="#Footnote_148_148" class="fnanchor">[148]</a> In the latter case the C. J. -modestly said that he did not judicially know what a ‘rump and dozen’ -meant; but another judge more candidly remarked that privately he knew -that it meant a good dinner and wine. And a bet as to whose father would -die<span class="pagenum"><a name="page_65" id="page_65">{65}</a></span> first was held good, although one old man was defunct at the time, -the fact not being known to the parties.<a name="FNanchor_149_149" id="FNanchor_149_149"></a><a href="#Footnote_149_149" class="fnanchor">[149]</a> But Lord Ellenborough -refused to try an action on a wager on a cock-fight.”<a name="FNanchor_150_150" id="FNanchor_150_150"></a><a href="#Footnote_150_150" class="fnanchor">[150]</a></p> - -<p>“Although at common law many wagers were legal,” remarked the English -gentleman alluded to aforetime, “still, in England, as the law now -stands, all wagers are null and void at law,<a name="FNanchor_151_151" id="FNanchor_151_151"></a><a href="#Footnote_151_151" class="fnanchor">[151]</a> and if the loser -either cannot or won’t pay, the law will not assist the winner;<a name="FNanchor_152_152" id="FNanchor_152_152"></a><a href="#Footnote_152_152" class="fnanchor">[152]</a> but -either party may recover the stake deposited by him, before it is paid -over to the winner by the holder. That point was settled in the case of -a genius who bet all the philosophers, divines, and scientific -professors in the United Kingdom, £500, that they could not prove the -rotundity and revolution of the earth from Scripture, from reason, or -from fact, the wager to be won by the taker if he could exhibit to the -satisfaction of an intelligent referee a convex railway, canal, or -lake.”<a name="FNanchor_153_153" id="FNanchor_153_153"></a><a href="#Footnote_153_153" class="fnanchor">[153]</a></p> - -<p>“Was the referee satisfied?” asked a bystander.</p> - -<p>“Yes; it was proved to his satisfaction that on a canal, in a distance -of six miles, there was a curvature to and fro of five feet, more or -less. And then the man asked his stake back, and got it, too.”</p> - -<p>“In New York,” I said, “it has been held, under a statute giving the -losing party a right of action against the stake-holder for the stake, -whether the<span class="pagenum"><a name="page_66" id="page_66">{66}</a></span> stake has been paid over by the stake-holder or not, and -whether the wager be lost or not, that the holder is liable to the -loser, although he had paid over the stake by his directions.<a name="FNanchor_154_154" id="FNanchor_154_154"></a><a href="#Footnote_154_154" class="fnanchor">[154]</a> And -in several of the States, if the wager is illegal, the stake-holder is -liable to be made refund the stakes, notwithstanding payment to the -winner.”<a name="FNanchor_155_155" id="FNanchor_155_155"></a><a href="#Footnote_155_155" class="fnanchor">[155]</a></p> - -<p>“Such decisions are subversive of all honor and honesty,” said a betting -looking character.</p> - -<p>“Not so. A bet should be a contract of honor, and no more. One should -not bet unless he can trust his opponent. The time of the courts of law -should not be taken up by such matters.”</p> - -<p>“Are the American courts as hard upon wagers as the English?” asked the -Englishman.</p> - -<p>“Quite so,” I replied. “In some parts of the country they have been -prohibited by statute, and some courts have denied them any validity -whatever. In Colorado it was held that the courts had enough to do -without devoting their time to the solution of questions arising out of -idle bets made on dog and cock-fights, horse-races, the speed of trains, -the construction of railroads, the number on a dice, or the character of -a card that may be turned up.<a name="FNanchor_156_156" id="FNanchor_156_156"></a><a href="#Footnote_156_156" class="fnanchor">[156]</a> Even if admitted to be valid in any -case, it is quite clear upon the authorities that they cannot be upheld -where they refer to the person or property of another, so as to make him -infamous or<span class="pagenum"><a name="page_67" id="page_67">{67}</a></span> to injure him, or if they are libelous, or indecent, or -tend to break the peace.<a name="FNanchor_157_157" id="FNanchor_157_157"></a><a href="#Footnote_157_157" class="fnanchor">[157]</a> In some States it has been decided that -wagers upon the result of elections are against public policy, and -therefore void. In California, during the presidential campaign of 1868, -a man called Johnson bet that Horatio Seymour would have a majority of -votes in that State, while one Freeman bet that U. S. Grant would be the -lucky man. Mr. Russell was the stake-holder. After the result of the -election was known, Johnson demanded his money back, but Russell -honorably paid it over to the winner; so J. turned round and sued for -it. The Court held, that if Johnson had repudiated his bet and asked for -his money before the election, or before the result was known, he might -have got it, but that now he was too late.<a name="FNanchor_158_158" id="FNanchor_158_158"></a><a href="#Footnote_158_158" class="fnanchor">[158]</a> Judge Sanderson remarked -that in times of political excitement persons might be provoked to make -wagers which they might regret in their cooler moments. No obstacles, he -thought, should be thrown in the way of their repentance, and if they -retracted before the bet has been decided, their money ought to be -returned; but those who allow their stakes to remain until after the -wager has been decided and the result known, are entitled to no such -consideration; their tears, if any, are not repentant tears, but such as -crocodiles shed over the victims they are about to devour.”<a name="FNanchor_159_159" id="FNanchor_159_159"></a><a href="#Footnote_159_159" class="fnanchor">[159]</a></p> - -<p>“Ah, then it has been judicially decided that<span class="pagenum"><a name="page_68" id="page_68">{68}</a></span> crocodiles weep,” -sarcastically observed a bystander.</p> - -<p>From talking on wagering, we naturally passed to the subject of -gaming—a kindred vice.</p> - -<p>“I believe that in England there is a law forbidding an innkeeper to -allow any gaming on his premises,” I remarked.</p> - -<p>“Yes,” said the English barrister. “Any licensed innkeeper who suffers -any gaming or betting or unlawful games upon his premises, runs the risk -of being fined.”<a name="FNanchor_160_160" id="FNanchor_160_160"></a><a href="#Footnote_160_160" class="fnanchor">[160]</a></p> - -<p>“What do they consider gaming?” asked a rakish looking individual, who -seemed as if he understood practically what it was.</p> - -<p>“Playing at any game for money,<a name="FNanchor_161_161" id="FNanchor_161_161"></a><a href="#Footnote_161_161" class="fnanchor">[161]</a> or beer, or money’s worth;<a name="FNanchor_162_162" id="FNanchor_162_162"></a><a href="#Footnote_162_162" class="fnanchor">[162]</a> or -even exhibiting betting lists.”<a name="FNanchor_163_163" id="FNanchor_163_163"></a><a href="#Footnote_163_163" class="fnanchor">[163]</a></p> - -<p>“That seems precious hard,” quoth the rake.</p> - -<p>“In one case an innkeeper was punished for allowing his own private -friends to play at cards for money in his own private room, on the -licensed premises.”<a name="FNanchor_164_164" id="FNanchor_164_164"></a><a href="#Footnote_164_164" class="fnanchor">[164]</a></p> - -<p>“Not much liberty in England,” remarked the youth.</p> - -<p>“That was almost as bad as the tavernkeeper who was fined by some -energetic Yorkshire magis<span class="pagenum"><a name="page_69" id="page_69">{69}</a></span>trate for being drunk in his own bed, in his -own house!”<a name="FNanchor_165_165" id="FNanchor_165_165"></a><a href="#Footnote_165_165" class="fnanchor">[165]</a> observed another.</p> - -<p>“Farewell to the fond notion that an Englishman’s house is his castle!” -melodramatically exclaimed the youth.</p> - -<p>“But please allow me to say that Lust, J., held, in a very recent case, -that although an innkeeper, if drunk on his own premises while they are -open, is as much amenable to the penalty as if he was found drunk upon -the highway, yet it could never have been intended that an innkeeper who -is drunk in his own bedroom should be liable any more than a person—not -a publican—found drunk in his own private house,”<a name="FNanchor_166_166" id="FNanchor_166_166"></a><a href="#Footnote_166_166" class="fnanchor">[166]</a> said the -Englishman.</p> - -<p>“And what, pray, may be the unlawful games which are so strictly -forbidden inside the tavern—the poor man’s home?” asked the youth.</p> - -<p>“Dice, ace of hearts, faro, basset, hazard, passage, or any game played -with dice, or with any instrument, engine, or device in the nature of -dice, having figures or numbers thereon, and roulette, or rolly-polly; -and bull-baiting, bear-baiting, badger-baiting, dog-fighting, -cock-fighting, and all such games, are unlawful,” replied the -Englishman.</p> - -<p>“Surely, you have not got through the black list yet,” ironically -remarked our rake.</p> - -<p>“Those mentioned, and the game of puff and dart, if played for money or -money’s worth,<a name="FNanchor_167_167" id="FNanchor_167_167"></a><a href="#Footnote_167_167" class="fnanchor">[167]</a> and lotteries and sweepstakes, except in cases of -art unions, where works of art are given as prizes, are<span class="pagenum"><a name="page_70" id="page_70">{70}</a></span> all the games I -remember, that are prohibited by the Statutes of Henry VIII, George II, -and her present Majesty.”</p> - -<p>“May I ask what games you are permitted to indulge in? I do not see that -any are left, except the ‘grinning through a halter,’ spoken of in <i>The -Spectator</i>, in which highly intellectual and moral contest the rule is</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“<span class="lftspc">‘</span>The dreadfullest grinner<br /></span> -<span class="i2">To be the winner.’<br /></span> -</div></div> -</div> - -<p>“Backgammon and all games played upon backgammon boards,<a name="FNanchor_168_168" id="FNanchor_168_168"></a><a href="#Footnote_168_168" class="fnanchor">[168]</a> quoits, -tennis, and all games of mere skill, are perfectly lawful, unless played -for money or money’s worth.”<a name="FNanchor_169_169" id="FNanchor_169_169"></a><a href="#Footnote_169_169" class="fnanchor">[169]</a></p> - -<p>“And what of billiards?”</p> - -<p>“Oh, that is not unlawful unless played for money.”<a name="FNanchor_170_170" id="FNanchor_170_170"></a><a href="#Footnote_170_170" class="fnanchor">[170]</a></p> - -<p>“No wonder,” said Mr. Rake, “that people emigrate from that benighted -land. And yet Henry VII, and James I, and his estimable son, Prince -Henry, were remarkably fond of having a game of cards; although Scotch -Jamie was so lazy a coon that he required a servant to hold his hand for -him. I believe that those good sovereigns who passed these virtuous laws -took care to except from their operation their loyal palaces.”<a name="FNanchor_171_171" id="FNanchor_171_171"></a><a href="#Footnote_171_171" class="fnanchor">[171]</a></p> - -<p>“I would remind you, my good sir,” I said, “that gaming is forbidden in -almost all the States; that<span class="pagenum"><a name="page_71" id="page_71">{71}</a></span> a judge in South Carolina said that if he -could have his own way, he would hold that a billiard room kept for -filthy lucre’s sake was a nuisance at common law;<a name="FNanchor_172_172" id="FNanchor_172_172"></a><a href="#Footnote_172_172" class="fnanchor">[172]</a> and the same -judge decided that a bowling-alley kept for gain was a nuisance. In -Kentucky, it was held unlawful to throw dice to see who should pay for -the drinks;<a name="FNanchor_173_173" id="FNanchor_173_173"></a><a href="#Footnote_173_173" class="fnanchor">[173]</a> in Virginia, betting on a game of bagatelle was held -illegal;<a name="FNanchor_174_174" id="FNanchor_174_174"></a><a href="#Footnote_174_174" class="fnanchor">[174]</a> while in Tennessee, selling prize-candy packages was -decided to be gaming and indictable.”<a name="FNanchor_175_175" id="FNanchor_175_175"></a><a href="#Footnote_175_175" class="fnanchor">[175]</a></p> - -<p>“Alas, my country!”</p> - -<p>“By the way, do you remember, sir, the distinction the Ettrick Shepherd -drew between the card-playing of old people and that of young folk?” -asked an elderly bystander of Scotian descent.</p> - -<p>“No, what was it?”</p> - -<p>“He says, ‘you’ll generally fin’ that auld folk that play carrds have -been raither freevolous, and no muckle addicteed to thocht, unless -they’re greedy, and play for the pool, which is fearsome in auld age. -But as for young folks, lads and lasses like, when the gude man and his -wife are gaen to bed, what’s the harm in a gaem at cairds? It’s a -cheerfu’ noisy sicht o’ comfort and confusion; sic lookin’ into ane -ainither’s han’s! sic fause shufflin’! sic unfair dealin’! sic winkin’ -to tell your pairtner that ye hae the king or the ace! And when that -winna do, sic kicken’ o’ shins an’ treadin’ on taes<span class="pagenum"><a name="page_72" id="page_72">{72}</a></span> aneath the -table—often the wrong anes! Then what gigglin’ amang the lasses! what -amiable, nay, love quarrels between pairtners! jokin’ an’ jeestin’, and -tauntin’ an’ toozlin’—the cawnel blawn out, an’ the sound of a thousan’ -kisses. That’s caird-playin’ in the kintra, Mr. North, and where’s the -man amang ye that’ll daur to say that it’s no’ a pleasant pastime o’ a -winter nicht, when the snaw is a cumin’ doon the hun, or the speat’s -roarin’ amang the mirk mountains?”</p> - -<p>“Give us that in English,” said the forward young man, as he left the -room.</p> - -<p class="asstt">* * * * * *</p> - -<p>There was a door between our bedroom and that adjoining. Upon taking -possession, we tried it; it appeared fast, but the key was not on our -side and the bolt was <i>hors du combat</i>.</p> - -<p>My wife had retired for the night, and was rapidly approaching that -moment when the rustling silk, the embroidered skirt, the pannier, the -braids, and elaborately arranged coiffure are exchanged for a <i>robe de -nuit</i> of virgin white and a bob of hair on the head, <i>simplex -numditiis</i>. Suddenly the door between the two rooms creaked, squeaked, -and opened, and a creature clad in man’s attire protruded his head. -When, however, he saw that the room was occupied he drew back, laughing -to himself as he locked the door.</p> - -<p>On my arrival I found the partner of my joys and sorrows perched upon -the bed like Patience on a monument. Immediately chambermaids, -housemaids, and waiters were summoned, and informed<span class="pagenum"><a name="page_73" id="page_73">{73}</a></span> that the key must -be taken out of that dreadful door and placed in the office. After his -voyage of discovery, Paul Pry had gone out, so a waiter entered the -room, took the key, and having hampered the lock of P. P.’s door, he -passed out <i>via</i> our room, my wife gracefully retiring into a closet. -When we were quietly reclining on our downy couch we heard our neighbor -making fruitless efforts to regain his room; in vain he summoned the -chambermaid with her keys; in vain came the waiter with his. P. P. had -to pass the night in another apartment, minus his toilet appointments.</p> - -<p>“What would I have done,” asked my wife, “if that horrid wretch had come -into the room?”</p> - -<p>“Oh, we could have brought an action of trespass against him;<a name="FNanchor_176_176" id="FNanchor_176_176"></a><a href="#Footnote_176_176" class="fnanchor">[176]</a> for -the possession we have of this room is quite sufficient to entitle us to -recover against a wrong-doer, although we could not maintain such an -action against the hotel-keeper if he should enter for any proper -purpose.”<a name="FNanchor_177_177" id="FNanchor_177_177"></a><a href="#Footnote_177_177" class="fnanchor">[177]</a></p> - -<p>“But that would not be a very great satisfaction,” said my wife.</p> - -<p>“Well, it is the best we could do, for we could not summon to our aid -the good spirits that interfered on behalf of the Lady Godiva to punish -Peeping Tom.”</p> - -<p>“But what if he had assaulted me?” she queried.</p> - -<p>“Well, I am afraid I would have had to settle the matter with him, for -an innkeeper is not bound<span class="pagenum"><a name="page_74" id="page_74">{74}</a></span> to keep safe the bodies of his guests,<a name="FNanchor_178_178" id="FNanchor_178_178"></a><a href="#Footnote_178_178" class="fnanchor">[178]</a> -but merely their baggage; that is, such articles of necessary or -personal convenience as are usually carried by travelers for their own -use, the facts and circumstances of each case deciding what these -articles may be.<a name="FNanchor_179_179" id="FNanchor_179_179"></a><a href="#Footnote_179_179" class="fnanchor">[179]</a> Hush! What is that?”</p> - -<p>“A mosquito.”</p> - -<p>“Well, I must kill it.”</p> - -<p>“Never mind,” urged my wife. “Spare the little creature.”</p> - -<p>“I can’t stand their bites any more than my betters, and others who have -gone before. When they pierced the boots of the Father of his Country in -the New Jersey marshes, that exemplary individual indulged in bad -language; they drove back the army of Julian the Apostate, or apostle, -as Lord Kenyon called him; they compelled Sapor, the Persian, to raise -the siege of Nisibes, stinging his elephants and camels into madness; -they render some parts of the banks of the Po uninhabitable, and cause -people in some countries to sleep in pits with nothing but their heads -above ground. How, then, can you expect me to lie quietly here and wait -to have their horrid war-whoop sung in mine ears, as they dance in giddy -mazes from side to side, ere they plunge their sharp stilettos into my -shrinking flesh?”</p> - -<p>Forthwith I arose, lit the gas, and wandered round and round the room, a -white-stoled acolyte of science, with a towel in my hand, ready to take<span class="pagenum"><a name="page_75" id="page_75">{75}</a></span> -the life of any member of the extensive family of <i>Culex Pipiens</i>. Long -was the search after the tireless musician, blowing his own trumpet as -enthusiastically as any other musical genius. My wife mocked me as I -danced about, flipping to the right and to the left; but at last Mrs. -Mosquito, swanlike, sang a song, which (to me, at least) was her -sweetest, as it was her last.<span class="pagenum"><a name="page_76" id="page_76">{76}</a></span></p> - -<h2><a name="CHAPTER_V" id="CHAPTER_V"></a><span class="smcap">Chapter V.</span><br /><br /> -<small>SAFES AND BAGGAGE.</small></h2> - -<p>Shortly after this, while traveling in a palace car, and during the -night, Mrs. Lawyer lost some of her paraphernalia, and felt strongly -inclined to make a row about it; but I quoted the sublime words of -somebody or other, “Let us have peace,” and then told her that the -owners of sleeping cars—who receive pay in advance from travelers -merely for the sleeping accommodations afforded by their cars, and this -only from a particular class of persons, and for a particular berth, and -for a particular trip—are not liable as innkeepers for money or -property that may be stolen from the lodgers on their cars; and that, as -they only furnish sleeping accommodation for travelers who have already -paid the railway company—over whose line the cars run—for their -transportation, and receive no part of the fare paid for transportation, -they are not common carriers, nor are they liable for property lost or -stolen from their carriages. Mr. Chester M. Smith, who lost $1,180 on -the Pullman car “Missouri,” in the State of Illinois, in December, 1872, -was the innocent cause of the enunciation of the law upon this point. -The court held that a Pullman car is not a common inn—that it does not -accommodate persons indiscriminately—does not furnish victual and -lodging, but only lodging—affords no accommoda<span class="pagenum"><a name="page_77" id="page_77">{77}</a></span>tion but a berth and -bed, and a place and conveniences for toilet purposes—does not receive -pay for caring, nor undertake to care, for the goods of travelers; but -the accommodation afforded is the result of an express contract, and -that the liabilities of innkeepers should not be extended to -others.<a name="FNanchor_180_180" id="FNanchor_180_180"></a><a href="#Footnote_180_180" class="fnanchor">[180]</a></p> - -<p>We had passed from one State into another, and had now taken up our -quarters at a magnificent hotel (its name will not be mentioned, for I -do not desire to injure any of the other houses). As we stepped out of -the cab, we entered a vast and handsome office of white marble, and -passed up to the splendid parlors and luxurious bed-rooms above. The way -I wrote our names in the register, and asked for dinner in our private -sitting-room, led the gentlemanly clerk to believe that myself and Mrs. -Lawyer had but lately entered into a partnership for weal and woe; this -I found when the elegantly attired waiters served our dinner. The whole -service was one continued tribute to Love. On the soup tureen were -little Cupids, training a huge turtle; on the fish plates, as mermaids -and mermen, they were riding on salmon and dolphins; on the other -dishes, these naked little rascals flew about among beautiful birds, hid -under strawberry vines, or swung in spider-web hammocks from sprays of -wild blackberry; they dug in ravines like mountain gnomes, and pried and -lifted carrots with comical machinery, as though they were great bars -and ingots of yellow gold. Some of the dish-covers were shaped like -cabbages, and Cupids peeped from under every<span class="pagenum"><a name="page_78" id="page_78">{78}</a></span> curling leaf; others, -again, gathered the vintage and trod the grapes. Last of all, on the -dessert service was represented the marriage of the queen of the flower -fairies, each piece a different flower, with a love perched on it, some -with torches, others with instruments of music; while the central stand -represented the ceremony itself; a scarlet cardinal-flower was saying -mass, and on the highest point of the dish, (which represented a church -tower,) a chorus of these sprites of Venus were tugging at the stamens -of a chime of fuchsias, like boys merrily pulling the ropes of wedding -bells. Each piece differed from the others, but there was a love in -every one. My wife was in raptures over the beautiful china, the -exquisite elves, the graceful flowers, the delicate sentiments, the -poetry in the artist’s soul thus moulded into form—hardened into a -thing of beauty, a joy forever. She could not restrain her exclamations -of delight, as course succeeded course, even in the presence of the -sedate attendants. Each new beauty called forth a new expression of -wonder and pleasure. She would scarce allow anything on her plate, so -anxious was she to study the devices and designs. I was calmer, being -older, hungrier, less ethereal, and feeling an inner consciousness that -a heavy bill would be the successor of these fairy scenes.</p> - -<p>Even this dinner came to an end, long though we toyed over the dessert. -The china afforded a ceaseless topic of conversation, until at length -little fairies of another kind began to hang upon the long black lashes -which veiled my wife’s beautiful brown eyes, and we passed into our -bed-chamber.<span class="pagenum"><a name="page_79" id="page_79">{79}</a></span></p> - -<p>Over the mantel-piece of our dormitory hung a card, on which was printed -the following:</p> - -<div class="blockquot"><p class="c">“TAKE NOTICE.</p> - -<p>“This building is fire-proof.</p> - -<p>“Several robberies having taken place during the night, in the -principal hotels, the proprietor respectfully requests all visitors -to use the nightbolt.</p> - -<p>“Money, jewelry, or articles of value are requested to be left at -the bar, otherwise the proprietor will not hold himself responsible -for any loss.</p> - -<p class="rt"> -“A. B., Proprietor.”<br /> -</p></div> - -<p>My wife, who was rapidly increasing in legal knowledge and acuteness -under my able instructions, and was filled with the romantic idea of -becoming a veritable helpmate to me in my profession as well as in the -expenditure of my money, after reading the notice asked me if I was -going to hand over my valuables. I told her that Pollock, C. B., had -announced to the world that it was his opinion that such a notice did -not apply to those articles of jewelry which a person usually carries -with him—his watch, for instance—because, as the learned judge puts -it, such an article would be of little service to the owner if it were -nightly stowed away in the hotel safe.<a name="FNanchor_181_181" id="FNanchor_181_181"></a><a href="#Footnote_181_181" class="fnanchor">[181]</a> His lordship, however, was -inclined to think that if the watch were a richly jeweled one, set in -valuable diamonds, it would be wiser to give it to the proprietor to -keep.<a name="FNanchor_182_182" id="FNanchor_182_182"></a><a href="#Footnote_182_182" class="fnanchor">[182]</a><span class="pagenum"><a name="page_80" id="page_80">{80}</a></span></p> - -<p>“But that is an English decision,” remarked my wife, filled with the -genuine occidental opinion of oriental notions.</p> - -<p>“Well, supposing it is,” I made answer, “it is in accord with the -American; and a New York judge once said that although a watch, a gold -pen, and pencil-case might in some sense be called jewels, still they -should be considered part of a traveler’s personal clothing, or -apparel—and one after retiring to rest for the night is not expected to -send down his ordinary clothing or apparel to be deposited in the -safe.”<a name="FNanchor_183_183" id="FNanchor_183_183"></a><a href="#Footnote_183_183" class="fnanchor">[183]</a></p> - -<p>“But,” continued Mrs. Lawyer, “this notice is not exactly the same as -what one generally sees; it says nothing about the proprietor not being -liable for the loss of things above a certain sum.”</p> - -<p>“No,” I replied, “and it’s all the better for us; for if the notice -required by law is not properly posted up in the office and bedrooms, -the proprietor cannot claim the benefit of the provision relieving him -from the liability imposed upon him by the common law of making good all -losses and damage to his guests’ goods and property, unless caused by -act of God, or of public enemies. It has been held in Iowa that such a -notice as this one does not affect the landlord’s position.”<a name="FNanchor_184_184" id="FNanchor_184_184"></a><a href="#Footnote_184_184" class="fnanchor">[184]</a></p> - -<p>“To what extent can he shirk his liability?” queried my wife, glancing -at her large and well-filled Saratoga.</p> - -<p>“That depends upon the particular statute of<span class="pagenum"><a name="page_81" id="page_81">{81}</a></span> the country or State in -which he happens to live. If there is not a special law, no notice will -bind the guest, unless it can be proved that he has seen it before he -takes possession of his room,<a name="FNanchor_185_185" id="FNanchor_185_185"></a><a href="#Footnote_185_185" class="fnanchor">[185]</a> or has assented to it.<a name="FNanchor_186_186" id="FNanchor_186_186"></a><a href="#Footnote_186_186" class="fnanchor">[186]</a> In -England, an innkeeper, if he cause at least one copy of the law, -(printed in plain type,) to be exhibited in a conspicuous part of the -hall or entrance to his inn, will not be liable to make good any loss of -or injury to goods or property brought to the inn, to a greater extent -than £30, (unless it be a horse or other animal, or any gear -appertaining thereto, or any carriage) except when such goods have been -stolen, lost, or injured, through the willful act, default, or neglect -of the publican, or any servant in his employ; or when such goods have -been deposited expressly for safe-keeping with mine host, who, in such -case, may require them to be placed in a box, or other receptacle, -fastened and sealed up by the guest.<a name="FNanchor_187_187" id="FNanchor_187_187"></a><a href="#Footnote_187_187" class="fnanchor">[187]</a> In New York, the law is very -similar,<a name="FNanchor_188_188" id="FNanchor_188_188"></a><a href="#Footnote_188_188" class="fnanchor">[188]</a> being to the effect that the hotel-keeper shall not be -liable for loss of money, jewels, ornaments, or valuables, when he shall -have provided a safe for the custody of such property, and shall have -posted a notice to that effect in the room occupied by the guest, and -the guest shall have neglected to deposit such property in the -safe.<a name="FNanchor_189_189" id="FNanchor_189_189"></a><a href="#Footnote_189_189" class="fnanchor">[189]</a> So particular are the courts<span class="pagenum"><a name="page_82" id="page_82">{82}</a></span> upon this point, that when the -landlord of the Old Ship Hotel, Brighton, England, unintentionally had -the notice misprinted, so that the little word <i>act</i> was omitted in the -sentence, which should have been, (as I have just stated) ‘where such -property shall have been stolen, lost, or injured through the willful -act, default, or neglect of such innkeeper, or any servant in his -employ,’ the Court of Appeal held that, as the notice contained no -statement which admitted the continuance of the common-law liability for -goods or property stolen, lost, or injured through the willful act of -the innkeeper or his servant, the proprietor was not protected. But Lord -Cairns carefully said that he was not prepared to hold that the -omission, in good faith, of a word or two, not material to the sense and -to the operation of the statute, would have such a disastrous -effect.”<a name="FNanchor_190_190" id="FNanchor_190_190"></a><a href="#Footnote_190_190" class="fnanchor">[190]</a></p> - -<p>“My husband, remember</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i8">‘Brevity’s the soul of wit,<br /></span> -<span class="i0">And tediousness the limbs and outward flourishes,’<br /></span> -</div></div> -</div> - -<p class="nind">and be brief. How can my poor brain hold all that you have said?”</p> - -<p>“Don’t be alarmed, my dear, there is doubtless plenty of room in your -brain yet. But I was going on to say that though there is a tendency in -these degenerate days to lessen the great responsibility once imposed -upon these publicans and sinners, and to insist upon greater care on the -part of the guests, still statutes limiting the common-law lia<span class="pagenum"><a name="page_83" id="page_83">{83}</a></span>bility of -innkeepers should not be extended to include property not fairly within -the terms of the acts. Where, for instance, as in the New York act, -money, jewels, or ornaments are exempted, then all property of a -different kind, including all things useful and necessary for the -comfort and convenience of the guest—all things usually carried and -worn as part of the ordinary apparel and outfit, as well as all things -ordinarily used or suitable to be used by travelers in doors or out, are -left in <i>statu quo ante</i> the statute.”</p> - -<p>“And what may that be?” asked Mrs. L.</p> - -<p>“At the risk of the innkeeper.”<a name="FNanchor_191_191" id="FNanchor_191_191"></a><a href="#Footnote_191_191" class="fnanchor">[191]</a></p> - -<p>“But would not a watch be considered a jewel or an ornament?”</p> - -<p>“The law is very watchful—”</p> - -<p>“Very watchful, indeed, when it has so many watch cases that it -considers pretty little Genevas neither jewels nor ornaments,” murmured -my wife <i>sotto voce</i>.</p> - -<p>“The law is very watchful,” I went on, “over benighted travelers, and -has decided that it is not;<a name="FNanchor_192_192" id="FNanchor_192_192"></a><a href="#Footnote_192_192" class="fnanchor">[192]</a> nor is a watch and chain,<a name="FNanchor_193_193" id="FNanchor_193_193"></a><a href="#Footnote_193_193" class="fnanchor">[193]</a> -although, by the way, the Wisconsin judges have decided that an -innkeeper is not liable for the loss of a silver or a gold watch not -handed over for safe keeping, their act speaking of articles of gold and -silver manufacture.<a name="FNanchor_194_194" id="FNanchor_194_194"></a><a href="#Footnote_194_194" class="fnanchor">[194]</a></p> - -<p><span class="pagenum"><a name="page_84" id="page_84">{84}</a></span> The exemption is intended to apply only to -such an amount of money and to such jewels and ornaments or valuables, -as the landlord himself, if a prudent person and traveling, would put in -a safe (if convenient) when retiring at night. No one, possessed of half -a grain of that scarce commodity, common sense, would suppose that it -was the intention of the act to exempt the hotel proprietors from their -old common-law liability, unless the traveler emptied his pockets of -every cent of money and deposited it, with his watch and pencil-case, in -the safe, for perchance he might want these identical articles ere sweet -sleep his eyelids closed.<a name="FNanchor_195_195" id="FNanchor_195_195"></a><a href="#Footnote_195_195" class="fnanchor">[195]</a> If, however, the innkeeper has complied -with the requirements of the act, he is not liable for jewelry stolen -from the bedroom, even though the guest has not been guilty of -negligence, provided he has had time and opportunity to make the -deposit.<a name="FNanchor_196_196" id="FNanchor_196_196"></a><a href="#Footnote_196_196" class="fnanchor">[196]</a> My old friend, Mrs. Rosenplanter, was terribly unfortunate -in this respect. In July, 1863, she and her worthy spouse were <i>en -route</i> from Trenton Falls to Saratoga, and arrived at the Delavan House, -Albany, at three in the afternoon. As dinner was on the table, they at -once dressed and went to dine. In about twenty minutes they returned to -their room and found that in the meantime their trunk had been broken -open and $300 worth of jewelry taken out. My friend sued the proprietor, -but the court ungallantly considered that she had had sufficient time -and opportunity to make the de<span class="pagenum"><a name="page_85" id="page_85">{85}</a></span>posit, (though she had not been there an -hour) and so could not recover; although the judge admitted that no -person, under such circumstances, would have been likely to have handed -over his valuables to the innkeeper, and that there must always be a -brief period after the arrival of a guest before he can make the -deposit, and that during those golden moments the statute affords the -publican no protection. And, by the way, I remember that in this case -the court seemed to think that if a guest, on retiring for the night, -removes a watch or jewelry from his person, or leaves money in his -pocket, and neglects to deposit the same in the safe, the hotel-keeper, -if he has complied with the act, is exempt from all liability in case of -loss.”<a name="FNanchor_197_197" id="FNanchor_197_197"></a><a href="#Footnote_197_197" class="fnanchor">[197]</a></p> - -<p>“You said,” remarked Mrs. Lawyer, whom the mysteries of the toilet had -revived, “you said that if the innkeeper put up his notice he would not -be liable to make good any loss of goods or property. Surely, if a watch -is neither an ornament nor a jewel, within the meaning of the act,<a name="FNanchor_198_198" id="FNanchor_198_198"></a><a href="#Footnote_198_198" class="fnanchor">[198]</a> -it is goods or property, else it is not good for much.”</p> - -<p>“It is very questionable whether the words ‘goods or property’ include -the necessary baggage of a traveler, his watch or personal effects, or -such money as a man in his travels usually carries with him; in fact, -down South it was held that it did not comprehend baggage.”<a name="FNanchor_199_199" id="FNanchor_199_199"></a><a href="#Footnote_199_199" class="fnanchor">[199]</a></p> - -<p>“Well, what would you call baggage?” per<span class="pagenum"><a name="page_86" id="page_86">{86}</a></span>sisted my wife. “It would be -worth while knowing that, if an innkeeper is always responsible -therefor.”</p> - -<p>“Just wait until I comfortably settle myself, and I will dilate on that -fruitful topic until you are satisfied.”</p> - -<p>“What a base slanderer is Jules Verne,” said my spouse, as she daintily -nestled between the sheets.</p> - -<p>“What do you mean?” I asked.</p> - -<p>“Don’t you remember that he says that American beds rival marble or -granite tables for hardness. I am sure he never stopped at a good -hotel.”</p> - -<p>“Now for a Caudle lecture as to the baggage,” I said. “<i>Imprimis</i>, -whatever a traveler on this sublunary planet takes with him for his own -personal care and convenience, or even for his instruction and -amusement,<a name="FNanchor_200_200" id="FNanchor_200_200"></a><a href="#Footnote_200_200" class="fnanchor">[200]</a> according to the habits and wants of the station of -society to which he belongs, either with reference to the immediate -necessities or the ultimate purpose of his wanderings, must be -considered personal luggage;<a name="FNanchor_201_201" id="FNanchor_201_201"></a><a href="#Footnote_201_201" class="fnanchor">[201]</a> and the rules of law governing the -innkeeper’s liability for the safety of a guest’s baggage, are the same -as those which regulate the responsibility of common carriers as to a -passenger’s baggage.<a name="FNanchor_202_202" id="FNanchor_202_202"></a><a href="#Footnote_202_202" class="fnanchor">[202]</a> Articles of jewelry, such as you would usually -wear, are baggage;<a name="FNanchor_203_203" id="FNanchor_203_203"></a><a href="#Footnote_203_203" class="fnanchor">[203]</a> but not the jewels and regalia of a -society.<a name="FNanchor_204_204" id="FNanchor_204_204"></a><a href="#Footnote_204_204" class="fnanchor">[204]</a> A watch,<a name="FNanchor_205_205" id="FNanchor_205_205"></a><a href="#Footnote_205_205" class="fnanchor">[205]</a> -<span class="pagenum"><a name="page_87" id="page_87">{87}</a></span> except in Tennessee;<a name="FNanchor_206_206" id="FNanchor_206_206"></a><a href="#Footnote_206_206" class="fnanchor">[206]</a> -finger-rings,<a name="FNanchor_207_207" id="FNanchor_207_207"></a><a href="#Footnote_207_207" class="fnanchor">[207]</a> but not silver spoons,<a name="FNanchor_208_208" id="FNanchor_208_208"></a><a href="#Footnote_208_208" class="fnanchor">[208]</a> come within the same -category. One man was allowed to have two gold chains, two gold rings, a -locket, and a silver pencil-case.”<a name="FNanchor_209_209" id="FNanchor_209_209"></a><a href="#Footnote_209_209" class="fnanchor">[209]</a></p> - -<p>“He must have been on his way to see his sweetheart, I fancy.”</p> - -<p>“Gold spectacles are baggage;<a name="FNanchor_210_210" id="FNanchor_210_210"></a><a href="#Footnote_210_210" class="fnanchor">[210]</a> so are opera glasses,<a name="FNanchor_211_211" id="FNanchor_211_211"></a><a href="#Footnote_211_211" class="fnanchor">[211]</a> a -silver-mounted pistol, even for a Southern lady,<a name="FNanchor_212_212" id="FNanchor_212_212"></a><a href="#Footnote_212_212" class="fnanchor">[212]</a> duelling -pistols,<a name="FNanchor_213_213" id="FNanchor_213_213"></a><a href="#Footnote_213_213" class="fnanchor">[213]</a> or a gun;<a name="FNanchor_214_214" id="FNanchor_214_214"></a><a href="#Footnote_214_214" class="fnanchor">[214]</a> but not a colt.”<a name="FNanchor_215_215" id="FNanchor_215_215"></a><a href="#Footnote_215_215" class="fnanchor">[215]</a></p> - -<p>“A horse, then?” was facetiously queried.</p> - -<p>“Not even a hobby-horse.<a name="FNanchor_216_216" id="FNanchor_216_216"></a><a href="#Footnote_216_216" class="fnanchor">[216]</a> Brushes and razors, pens and ink, are -baggage,<a name="FNanchor_217_217" id="FNanchor_217_217"></a><a href="#Footnote_217_217" class="fnanchor">[217]</a> and perchance a present.<a name="FNanchor_218_218" id="FNanchor_218_218"></a><a href="#Footnote_218_218" class="fnanchor">[218]</a> So are the manuscripts of a -student;<a name="FNanchor_219_219" id="FNanchor_219_219"></a><a href="#Footnote_219_219" class="fnanchor">[219]</a> but not the pencil sketches of an artist;<a name="FNanchor_220_220" id="FNanchor_220_220"></a><a href="#Footnote_220_220" class="fnanchor">[220]</a> on this -latter point, however, the doctors of the law disagree.<a name="FNanchor_221_221" id="FNanchor_221_221"></a><a href="#Footnote_221_221" class="fnanchor">[221]</a> According -to one judge, a concertina, a flute, or a fiddle might pass muster; but -his fellows, however much music they had in themselves, determined<span class="pagenum"><a name="page_88" id="page_88">{88}</a></span> not -to be moved with concord of sweet sounds, so they out-voted their -musical confrere.<a name="FNanchor_222_222" id="FNanchor_222_222"></a><a href="#Footnote_222_222" class="fnanchor">[222]</a> Shakespeare saith, ‘Let no such man be trusted;’ -so, perchance, we must conclude that these judges were astray in their -law. In Pennsylvania, a journeyman carpenter may take his tools as -baggage,<a name="FNanchor_223_223" id="FNanchor_223_223"></a><a href="#Footnote_223_223" class="fnanchor">[223]</a> though in Ontario he cannot,<a name="FNanchor_224_224" id="FNanchor_224_224"></a><a href="#Footnote_224_224" class="fnanchor">[224]</a> any more than a -blacksmith can carry his forge, or a farmer his plow. Nor can a merchant -take his wares,<a name="FNanchor_225_225" id="FNanchor_225_225"></a><a href="#Footnote_225_225" class="fnanchor">[225]</a> nor a commercial his samples,<a name="FNanchor_226_226" id="FNanchor_226_226"></a><a href="#Footnote_226_226" class="fnanchor">[226]</a> nor a banker his -money,<a name="FNanchor_227_227" id="FNanchor_227_227"></a><a href="#Footnote_227_227" class="fnanchor">[227]</a> nor a lawyer his papers,<a name="FNanchor_228_228" id="FNanchor_228_228"></a><a href="#Footnote_228_228" class="fnanchor">[228]</a> though an M. D. may take his -surgical instruments;<a name="FNanchor_229_229" id="FNanchor_229_229"></a><a href="#Footnote_229_229" class="fnanchor">[229]</a> nor may a seamstress carry her sewing -machine,<a name="FNanchor_230_230" id="FNanchor_230_230"></a><a href="#Footnote_230_230" class="fnanchor">[230]</a> nor—Hark!</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“What strain is this that comes into the room,<br /></span> -<span class="i3">At midnight, as if yonder gleaming light,<br /></span> -<span class="i1">Which seems to wander like the moon,<br /></span> -<span class="i3">Were seraph-freighted? Now it dies away<br /></span> -<span class="i1">In a most far-off tremble, and is still;<br /></span> -<span class="i3">Leaving a charmed silence.<br /></span> -<span class="i1">Hark! one more dip of fingers in the wires!<br /></span> -<span class="i3">One scarce-heard murmur struggling into sound,<br /></span> -<span class="i3">And fading like a sunbeam from the ground,<br /></span> -<span class="i1">Or gilded vanes of dimly visioned spires!”<br /></span> -</div></div> -</div> - -<p>Here a fantasia on her nasal organ (which my wife always carried with -her, despite the decisions<span class="pagenum"><a name="page_89" id="page_89">{89}</a></span> of anti-musical judges) vibrating -unmistakably through the chamber, dispelled the idea of heavenly -visitants, and informed me that my spouse had journeyed off to that land -of Nod, from whose bourn no baggage returns. Snoring, like yawning, is -infectious—sometimes; and this was one of the times.</p> - -<p class="asstt">* * * * * *</p> - -<p>“<span class="lftspc">’</span>Tis sweet to see the day dawn creeping gradual thro’ the sky,” and -feel that there is for one yet a little sleep, a little slumber, a -little folding of the hands to sleep; but even in the most fashionable -hotel the hour will at length come when one must shake off dull sloth -and burst the bonds of sleep, which at night are but as spider’s webs, -but in the morning have become even fetters of brass; and that miserable -hour came in time to me.</p> - -<p>When I went down stairs to examine the register to see who had arrived -during the night, I found some excitement existing around the office. On -inquiry, (and who except a German savant ever beheld a row, small or -great, without seeking to know the wherefore thereof,) I learned that a -gent had the day before given the clerk a pocket-book to keep, and that -it had been stolen out of the desk; the owner was demanding restitution, -dollar for dollar and cent for cent, if not eye for eye and tooth for -tooth. The landlord said that the man had been negligent in not telling -the clerk there was money in the book.</p> - -<p>“No, I wasn’t,” was the reply, “there was only $136 in it; and what but -money would you expect<span class="pagenum"><a name="page_90" id="page_90">{90}</a></span> to be in a pocket-book—a tooth-pick?—a cigar? -I know that in Iowa an innkeeper had to cash up in a similar case,<a name="FNanchor_231_231" id="FNanchor_231_231"></a><a href="#Footnote_231_231" class="fnanchor">[231]</a> -and I’ll make you do it if there is law or justice in this part of the -American eagle’s eyry.”</p> - -<p>“In Kentucky,” said a by-stander, who seemed to hail from that State, -“an hotel-keeper was held liable for the loss by robbery of pocket money -retained by a guest in his own possession.”<a name="FNanchor_232_232" id="FNanchor_232_232"></a><a href="#Footnote_232_232" class="fnanchor">[232]</a></p> - -<p>“And in Maryland,” said another Southerner, “it has been decided that a -traveler need not deposit in the office safe any money reasonably -necessary for his expenses that he may have with him.”<a name="FNanchor_233_233" id="FNanchor_233_233"></a><a href="#Footnote_233_233" class="fnanchor">[233]</a></p> - -<p>“Yes,” I said, “there are other cases, also, which appear to establish -the point that a sojourner at an hotel may keep in his pocket or in his -room money enough to pay his daily way, and that if his purse be -surreptitiously disposed of, the landlord must make good his loss;<a name="FNanchor_234_234" id="FNanchor_234_234"></a><a href="#Footnote_234_234" class="fnanchor">[234]</a> -yet still there is a very late New York decision, where my friend Hyatt -found to his cost, that where a landlord provides a safe, and puts up -the usual notices about it, and the visitor chooses not to place his -money in it, the proprietor of the establishment is not responsible for -the loss of any of the cash, not even for what would<span class="pagenum"><a name="page_91" id="page_91">{91}</a></span> be required for -the guest’s ordinary traveling expenses.”<a name="FNanchor_235_235" id="FNanchor_235_235"></a><a href="#Footnote_235_235" class="fnanchor">[235]</a></p> - -<p>“You speak of money enough for one’s daily wants and traveling expenses -being all that for which an innkeeper is liable,” said a gentleman who -had hitherto been a quiet listener.</p> - -<p>“Well, sir, I do not like to speak dogmatically, but it seems that the -tendency of some modern decisions is to hold that the innkeeper should -not be liable for any money beyond that amount, even though put in a -safe, unless a special contract has been made, or it has been actually -delivered to the proprietor or his servant, with notice not only of the -kind of property it was, but also of the amount. It is not sufficient to -mark a package ‘money,’ for it is argued that it would be highly unjust, -and not founded upon any principle on which an innkeeper’s liability -rests, for a traveler to bring into an inn, unobserved, any amount of -valuables, without notice to the innkeeper, and hold him responsible for -their safe keeping. There should be a restriction or qualification of -such liability, if it exists; and that must be a warning to the -innkeeper of the extra risk he is about to run.<a name="FNanchor_236_236" id="FNanchor_236_236"></a><a href="#Footnote_236_236" class="fnanchor">[236]</a> But the Court of -Appeals in New York State takes a different view, and holds that if one -complies with the law, and deposits his money in the safe, the innkeeper -is liable for the full amount, irrespective of the question whether or -not it was all required for the purposes of the journey.<a name="FNanchor_237_237" id="FNanchor_237_237"></a><a href="#Footnote_237_237" class="fnanchor">[237]</a><span class="pagenum"><a name="page_92" id="page_92">{92}</a></span></p> - -<p>“And, I might add,” said my interlocutor, “the celebrated Story made no -exception, and seemed to consider it one of the A B C principles of law -that an innkeeper is liable for the loss of the money of his guest, -stolen from his room, as well as for his goods and chattels, and that -such liability extends to all the money of the guest placed within the -inn, and is not confined to such sums only as are necessary and designed -for ordinary traveling expenses.<a name="FNanchor_238_238" id="FNanchor_238_238"></a><a href="#Footnote_238_238" class="fnanchor">[238]</a> Then, sir, our great Chancellor -Kent lays it down as admitting of no peradventure, that an innkeeper is -bound absolutely to keep safe the property of his guest within the inn, -whether he knows of it or not, and that his responsibility extends to -all his guest’s servants, and to all the goods, chattels, and moneys of -the guest, their safe custody being part of the contract to feed and -lodge for a suitable reward.<a name="FNanchor_239_239" id="FNanchor_239_239"></a><a href="#Footnote_239_239" class="fnanchor">[239]</a> If you are not satisfied with the -words of these men—alike the pride and the ornament of America—let us -cross the ocean and hear what Sir Wm. Blackstone saith; he speaketh -after this wise: that an innkeeper’s negligence in suffering a robbery -of his guest is an implied consent to the robbery, and he must make good -the loss.<a name="FNanchor_240_240" id="FNanchor_240_240"></a><a href="#Footnote_240_240" class="fnanchor">[240]</a> Then Lord Tenterden held that there was no distinction -between money and goods; and all the other judges of the court said -‘amen.’<span class="lftspc">”</span><a name="FNanchor_241_241" id="FNanchor_241_241"></a><a href="#Footnote_241_241" class="fnanchor">[241]</a></p> - -<p>“Excuse my interrupting you in your interesting remarks,” said I.<span class="pagenum"><a name="page_93" id="page_93">{93}</a></span></p> - -<p>“Quite excusable, sir, for I am only speaking in the cause of right, and -because I think some judges are inclined to cut loose from the safe -moorings of the old common law, rendered dear to us by the adjudications -of the learned men of the Bench for generations past, both in the old -and new worlds; and I am satisfied that a contrary doctrine will be -terrible in its effects in this great commercial community of ours, -where our business men spend so large a portion of their time at inns in -pursuit of their calling.<a name="FNanchor_242_242" id="FNanchor_242_242"></a><a href="#Footnote_242_242" class="fnanchor">[242]</a> But what were you going to say?”</p> - -<p>“Simply,” I remarked, “that in the case before Tenterden the amount lost -was only £50, and it was stated to have been kept to meet daily expenses -only. He said he could see no distinction in this respect between an -innkeeper and a carrier; and there are many cases to the effect that a -carrier will not be responsible for any money of a passenger except what -is needful for traveling purposes and personal use,<a name="FNanchor_243_243" id="FNanchor_243_243"></a><a href="#Footnote_243_243" class="fnanchor">[243]</a> unless the loss -was occasioned by the gross negligence of the carrier.”</p> - -<p>“Well, other English judges have likewise held that an innkeeper’s -liability is not restricted merely to the guests’ travelling -expenses;<a name="FNanchor_244_244" id="FNanchor_244_244"></a><a href="#Footnote_244_244" class="fnanchor">[244]</a> and if we recross the mighty ocean we find our judges in -firm accord with their confreres.”<a name="FNanchor_245_245" id="FNanchor_245_245"></a><a href="#Footnote_245_245" class="fnanchor">[245]</a><span class="pagenum"><a name="page_94" id="page_94">{94}</a></span></p> - -<p>“But,” I said, “but in one case the amount was only two hundred -dollars,<a name="FNanchor_246_246" id="FNanchor_246_246"></a><a href="#Footnote_246_246" class="fnanchor">[246]</a> and in another it was but twenty-five dollars.<a name="FNanchor_247_247" id="FNanchor_247_247"></a><a href="#Footnote_247_247" class="fnanchor">[247]</a> And in -still another case decided, as you say, although the cash lost was more -than sufficient to pay the expenses of the man from whom it was taken, -still it was not his own; he merely held it to pay others, who were -stopping at the same house, and were witnesses in a suit which the -money-holder was superintending, or to pay their expenses at the -inn.”<a name="FNanchor_248_248" id="FNanchor_248_248"></a><a href="#Footnote_248_248" class="fnanchor">[248]</a></p> - -<p>“On the other hand,” said the defender of the rights of the people, “in -a California hotel there was this notice: ‘Deposit your valuables and -money in the safe at the office;’ and a guest accordingly deposited a -large amount of gold dust and coin, which the proprietor received -without objection. Afterwards, the clerk was knocked down and the safe -robbed, it not being locked, and the publican was held liable for the -whole amount.<a name="FNanchor_249_249" id="FNanchor_249_249"></a><a href="#Footnote_249_249" class="fnanchor">[249]</a> And where a man had stolen from his room a package of -jewelry, which the clerk had told him would be quite safe there, the -host was held liable, even in New York State.<a name="FNanchor_250_250" id="FNanchor_250_250"></a><a href="#Footnote_250_250" class="fnanchor">[250]</a> And so, in Kentucky, -where a safe was robbed by a discharged clerk, although in this last -case the innkeeper had told the guest that he would not be responsible -for any money put in it.<a name="FNanchor_251_251" id="FNanchor_251_251"></a><a href="#Footnote_251_251" class="fnanchor">[251]</a> It seems to me to be somewhat absurd that<span class="pagenum"><a name="page_95" id="page_95">{95}</a></span> -the law should say that unless you deposit your money in the hotel safe -the proprietor will not be liable for its loss, and then when you have -placed it in the absolute and immediate control of the innkeeper, and, -perhaps, his dishonest servant, you should be met the next day, when -asking for your own, by the smirking and bowing proprietor, remarking, -<i>suaviter in modo</i>: ‘True, sir you gave me twenty thousand dollars for -safe-keeping, and I put it in my safe; but, like all riches, it has -taken to itself wings and flown away. However, my dear sir, here are one -hundred dollars to pay your expenses, and take you comfortably to your -journey’s end.’<span class="lftspc">”</span></p> - -<p>“There appears to be something to be said on both sides,” I remarked, -wearying of the discussion from which all others, save my adversary and -myself, had long since fled; for when the time comes for my funeral -expenses to be incurred, no one will be able (whatever my readers may -think) to say of me, as they did of Lord Macaulay,</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘There was no pain like silence, no constraint<br /></span> -<span class="i1">So dull as unanimity. He breathed<br /></span> -<span class="i1">An atmosphere of argument, nor shrunk<br /></span> -<span class="i1">From making, where he could not find, excuse<br /></span> -<span class="i1">For controversial fight.’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p>“But I have the best of it,” said my antagonist. “It is a case of New -York State, like Athanasius, <i>contra mundum</i>.”</p> - -<p>“At all events, you will agree with me that an innkeeper will not be -liable for loss of his guest’s money when he has intrusted it to the -care of some<span class="pagenum"><a name="page_96" id="page_96">{96}</a></span> one else on the premises in whom he reposes -confidence,”<a name="FNanchor_252_252" id="FNanchor_252_252"></a><a href="#Footnote_252_252" class="fnanchor">[252]</a> I replied.</p> - -<p>“Certainly; and I remember a case where a man gave a bag of money to the -step-daughter of an innkeeper with whom he was particularly intimate, -having courted her in marriage, and the bag having disappeared, the -owner thereof got nothing.<a name="FNanchor_253_253" id="FNanchor_253_253"></a><a href="#Footnote_253_253" class="fnanchor">[253]</a> And I trust that you will not deny that -the innkeeper is responsible, notwithstanding any notices up about -depositing in the safe, if the guest has not had time to get his -valuables put in there after his arrival.”<a name="FNanchor_254_254" id="FNanchor_254_254"></a><a href="#Footnote_254_254" class="fnanchor">[254]</a></p> - -<p>“Oh, yes; and he is liable for their loss after the visitor has taken -them out preparatory to his departure.”<a name="FNanchor_255_255" id="FNanchor_255_255"></a><a href="#Footnote_255_255" class="fnanchor">[255]</a></p> - -<p>Here two bows were exchanged, two backs turned, and four legs walked -off.<span class="pagenum"><a name="page_97" id="page_97">{97}</a></span></p> - -<h2><a name="CHAPTER_VI" id="CHAPTER_VI"></a><span class="smcap">Chapter VI.</span><br /><br /> -<small>FIRE, RATS, AND BURGLARS.</small></h2> - -<p>After a time, business called me in the direction in which the “tide of -empire rolls,” and we took a long, but by no means tedious or monotonous -journey, along that metal ribbon which, stretching from ocean to ocean, -unites the Atlantic to the Pacific. The train was well supplied with -saloon cars, balcony cars, restaurants, smoking cars, palace cars, and -sleeping cars. We encountered none of the adventures so graphically -described by the writer of the veracious history of Phineas Fogg; no -herd of ten thousand buffaloes delayed, no daring band of Sioux -attacked, our train; we had neither duel nor flying leap over bridges, -crashing down into abysmal depths. We ate, we drank, we slept, we -talked, we gazed; we gazed, we talked, we slept, we drank, we ate; and -that was all.</p> - -<p>At last we reached the wondrous “City of the West,” and beheld the -mighty waters of the Pacific throbbing upon the shores and along the -piers of San Francisco. To the Palace Hotel we drove, and there we took -up our quarters, glad enough to rest our brains, dizzied and dazed with -our flight across the continent.</p> - -<p>Refreshed by the quiet rest and needful repose of a long night’s sleep, -my wife insisted upon taking a stroll through the magnificent hotel in -which we were now quartered.<span class="pagenum"><a name="page_98" id="page_98">{98}</a></span></p> - -<p>“If there was a railway running along all the passages and corridors we -might manage to get round the Palace Hotel in a morning,” I said, “but -steam has not yet been introduced for that purpose. To be sure, there is -the pneumatic tube, but that is not quite large enough unless you are -willing to go without a pannier.”</p> - -<p>“How large is the house?” asked Mrs. Lawyer.</p> - -<p>“Why, it is three hundred and fifty feet long by two hundred and -seventy-five broad.”</p> - -<p>“Let us hurry, then; if it is so huge we have no time to lose,” was the -brave response.</p> - -<p>“Well, here’s an elevator,” I remarked.</p> - -<p>We stepped into one of the four passenger elevators, which are run by -hydraulic power. The motion was almost imperceptible, and rapid as the -downward flight of a swallow. The young gent in charge told us that it -could run from bottom to top and back again to bottom, through the whole -seven stories of the house, in ten seconds.</p> - -<p>On arriving on the ground floor we first inspected the grand court and -the rooms on either side, and then turned into one of the long -corridors, from which my wife insisted upon visiting the handsome -stores, opening off with their tempting wares. I left her making -purchases while I entered the barber’s saloon, and in one of the easiest -of patent adjustible chairs, by the deftest of tonsors, with the keenest -of razors, allowed myself to be shaved; for Mrs. L. loved not to see a -man with his nose projecting over a cascade of hair, and desired that my -face might preserve its human outline, instead of pre<span class="pagenum"><a name="page_99" id="page_99">{99}</a></span>senting—as she -sarcastically remarked—no distinction from the physiognomy of a bearded -owl or a Barbary ape.</p> - -<p>No fear of losing nose or cheek while in that place. But, after all, it -is not a sublime attitude for a man to sit, with lathered chin, thrown -backward, and have his nose made a handle of. To be shaved, however, is -the fashion of American respectability, and it is astonishing how -gravely men look at each other when they are all in the fashion. For the -benefit of those unfortunates who get gashed betimes beneath the -operator’s hand, I would say, that if a barber attempts to shave you he -must possess the necessary education and skill, and show the diligence -of an expert in that line, otherwise he will be liable for damages -sustained.<a name="FNanchor_256_256" id="FNanchor_256_256"></a><a href="#Footnote_256_256" class="fnanchor">[256]</a> Of course if you suffer an inexperienced volunteer to -practice upon your chin and you come to grief, you have no remedy, -unless the amateur is guilty of gross negligence; but if one unskilled -in the art pushes himself forward and seizes you by the nasal -projection, to the exclusion of a professional, he is expected to use -the skill usually possessed by a master of the art.<a name="FNanchor_257_257" id="FNanchor_257_257"></a><a href="#Footnote_257_257" class="fnanchor">[257]</a> In Illinois, it -would seem that if one renders his services free, gratis, and for -nothing, he will be only liable for gross negligence;<a name="FNanchor_258_258" id="FNanchor_258_258"></a><a href="#Footnote_258_258" class="fnanchor">[258]</a> but the point -appears open to argument.<a name="FNanchor_259_259" id="FNanchor_259_259"></a><a href="#Footnote_259_259" class="fnanchor">[259]</a> I presume that no one would be so foolish -as to suppose that a professor of the tonsorial art is bound to<span class="pagenum"><a name="page_100" id="page_100">{100}</a></span> attend -to your hirsute appendages willy-nilly; but when he does take you in -hand he must carry the operation through without any sins of omission or -commission.<a name="FNanchor_260_260" id="FNanchor_260_260"></a><a href="#Footnote_260_260" class="fnanchor">[260]</a></p> - -<p>When I rejoined my wife, she asked to descend into the basement regions, -so down we went, and found bath-rooms and laundry-rooms, wine-rooms, -pantries, etc., in well nigh endless succession.</p> - -<p>“How many napkins do you use a day?” inquired Mrs. L. of the individual -whose duty it was to reside in a region of perpetual steam and damp.</p> - -<p>“About three thousand,” was the response; “and four hundred -table-cloths, if people are reasonably careful.”</p> - -<p>“I would like some things washed; how soon could you do them?” asked my -wife.</p> - -<p>“If they are large articles, you can have them back in your room in -fifteen minutes; if small, in seven minutes.”</p> - -<p>“That’s rather quick,” I remarked.</p> - -<p>“Well, sir, I have known a man to have his shirt washed while taking a -bath; and a handkerchief, sent down the tube dirty, was returned clean -during the time he was arranging his neck-tie, or parting his back -hair.”</p> - -<p>On we went, to the pantries, and saw the thousands and tens of thousands -of pieces of china and crockery, glass and cutlery.</p> - -<p>“A breakage occasionally would not matter much, among so many thousands -of pieces,” I remarked.<span class="pagenum"><a name="page_101" id="page_101">{101}</a></span></p> - -<p>“It would matter more to the man who broke the article than to the hotel -proprietor, I calculate,” responded the man in charge of this legion of -crockery and glassware.</p> - -<p>“Well, sir, that depends on how the breakage occurred. I take it that a -guest at an hotel is, with respect to the things that he uses, in the -same position as if he hired them—in fact he does hire them; and it is -well settled that every hirer of a chattel is bound to use the thing let -to him in a proper and reasonable manner, to take the same care of it -that a prudent and cautious man ordinarily takes of his own property, -and to return it to the owner at the proper time, in as good condition -as it was in when he got it, subject only to deterioration produced by -ordinary wear and tear, and reasonable use, and injuries caused by -accidents which have happened without any default or neglect on the part -of the hirer.<a name="FNanchor_261_261" id="FNanchor_261_261"></a><a href="#Footnote_261_261" class="fnanchor">[261]</a> The owner must stand to all the ordinary risks to -which the chattel is naturally liable, but not to the risks occasioned -by negligence or want of ordinary care on the part of the hirer.<a name="FNanchor_262_262" id="FNanchor_262_262"></a><a href="#Footnote_262_262" class="fnanchor">[262]</a> In -fact, as a late writer has very well put it, the hirer of a chattel is -in no sense an insurer, nor is he liable for <i>culpa levissima</i>, or that -apocryphal phrase of infinitesimal negligence which stands in antithesis -to the <i>diligentia diligentissima</i> which the law does not, as a -continuous service, exact.”<a name="FNanchor_263_263" id="FNanchor_263_263"></a><a href="#Footnote_263_263" class="fnanchor">[263]</a><span class="pagenum"><a name="page_102" id="page_102">{102}</a></span></p> - -<p>As I paused, the man hastily remarked that he had no time to stop and -talk, and my wife, fearing that the subterranean air was affecting my -brain, said that we had better go up stairs; so, like the youth with the -strange device, “Excelsior” was our motto.</p> - -<p>“Take that box of matches,” said Mrs. Lawyer. “We may want them when off -picnicking.”</p> - -<p>“We had better not. They are left there for the purpose of lighting -cigars, and can only be taken in a limited manner. Taking them by the -boxful would be larceny, if the intent is felonious,”<a name="FNanchor_264_264" id="FNanchor_264_264"></a><a href="#Footnote_264_264" class="fnanchor">[264]</a> I returned.</p> - -<p>“What a terrible place for a fire!” suggested my wife.</p> - -<p>“Yes,” I replied. “No fire would have the slightest chance here. What -with the huge reservoir supplied by artesian wells, the seven tanks on -the roof, the three large steam fire-pumps, the watchmen going their -constant rounds, and the thermostats in every room in the hotel, (which, -when the temperature is raised to 120°, cause a bell to be rung -continuously in the office, and show the number of the room affected in -the annunciator) a spark could scarce develop itself into a blaze before -its discovery.”</p> - -<p>“Well, but,” urged Mrs. Sawyer, “suppose, notwithstanding these -precautions, a fire did take place, and our baggage was destroyed, would -the landlord have to pay for it?”</p> - -<p>“I can only say, my dear, that on the other side<span class="pagenum"><a name="page_103" id="page_103">{103}</a></span> of the continent, in -the State of Vermont, where a man sued to recover the value of a span of -horses, a set of double harness, two horse-blankets, and two halters, it -was decided by the court that an hotel-keeper is not liable for property -lost by fire where the conflagration is occasioned by unavoidable -casualty or superior force, without any negligence on his part or that -of his servants.<a name="FNanchor_265_265" id="FNanchor_265_265"></a><a href="#Footnote_265_265" class="fnanchor">[265]</a> An English decision tends in the same -direction;<a name="FNanchor_266_266" id="FNanchor_266_266"></a><a href="#Footnote_266_266" class="fnanchor">[266]</a> and in Michigan it was held that he was not liable for -the horses and wagons of a guest, burned in a barn, without his -negligence.<a name="FNanchor_267_267" id="FNanchor_267_267"></a><a href="#Footnote_267_267" class="fnanchor">[267]</a> But the English decision has been questioned both here -and there,<a name="FNanchor_268_268" id="FNanchor_268_268"></a><a href="#Footnote_268_268" class="fnanchor">[268]</a> and in New York it was considered that the liability of -a publican extended to the loss of goods by fire, (though the cause of -it was unknown) provided that the guest is free from all blame in the -matter.<a name="FNanchor_269_269" id="FNanchor_269_269"></a><a href="#Footnote_269_269" class="fnanchor">[269]</a> In that State they have a law exempting landlords from -liability for the loss by fire of a guest’s goods in a barn or outhouse, -if it is shown that the damage is the work of an incendiary, and -occurred without negligence on their part; but the burden of proving -this is, of course, upon the innkeeper,<a name="FNanchor_270_270" id="FNanchor_270_270"></a><a href="#Footnote_270_270" class="fnanchor">[270]</a> and my own humble opinion -is that an innkeeper is liable for all such losses unless they are -caused by a public enemy, or an act of God, (lightning,<span class="pagenum"><a name="page_104" id="page_104">{104}</a></span> or an -earthquake) or the owner has been negligent.”<a name="FNanchor_271_271" id="FNanchor_271_271"></a><a href="#Footnote_271_271" class="fnanchor">[271]</a></p> - -<p class="asstt">* * * * * *</p> - -<p>“Heigh-ho!” sighed my wife, as, exhausted with her long tramp through -the mammoth house, she sank into a luxurious arm-chair on our return to -our own apartment, preparatory to an excursion through the city. “Look -at that horrid little thing!” she exclaimed the next instant, and -starting up with enough vehemence to frighten a lion, she scared away a -little mouse that had been nibbling at her reticule. “The little wretch! -see how it has spoilt my nice new satchel! It must have been the cakes -inside. Can I make the landlord give me a new one?” she avariciously -added.</p> - -<p>“Humph! I wish that some one had asked me that question who could afford -to pay me for a carefully considered opinion,” I replied.</p> - -<p>“Why can’t you tell me?”</p> - -<p>“Because I scarcely know what to say. The point seems open to argument. -I don’t remember any case where the depredations of mice have occupied -the attention of a court of law, although there have been several -decisions on the subject of rats.”</p> - -<p>“Well, and what were they?” exclaimed my wife, impatiently. “That a man -can keep the nasty things in his house, and let them damage the property -of his guests, and not pay for them?”</p> - -<p>“In one case where rats gnawed a hole in the bottom of a boat, and the -water, coming in at the<span class="pagenum"><a name="page_105" id="page_105">{105}</a></span> leak, damaged goods on board, the owner of the -vessel was held liable for the performance of those rodents;<a name="FNanchor_272_272" id="FNanchor_272_272"></a><a href="#Footnote_272_272" class="fnanchor">[272]</a> and in -another case, carriers were held responsible for their depredations on -board a ship, although there were cats and mangooses on board, and the -owners had availed themselves of the valuable services of the venerable -sire of the pretty rat-catcher’s daughter of Paddington Green.”<a name="FNanchor_273_273" id="FNanchor_273_273"></a><a href="#Footnote_273_273" class="fnanchor">[273]</a></p> - -<p>“But you stupid man, we are not on board ship,” said my amiable and -accomplished spouse.</p> - -<p>“And,” I replied, “that is exactly where the difficulty arises; for -where a man had a water-tank on the roof of his house, and the rats -gnawed through a leaden pipe so that water trickled down and injured the -goods of another fellow on the ground floor, the court held that the -owner of the establishment, who occupied the upper flat, was not -responsible—and Chief Baron Kelly remarked that it was absurd to -suppose that a duty lay on the landlord to exclude the possibility of -the entrance of rats from without.”<a name="FNanchor_274_274" id="FNanchor_274_274"></a><a href="#Footnote_274_274" class="fnanchor">[274]</a></p> - -<p>“That seems a very different view from that taken by the judges in the -other cases,” remarked Mrs. L.</p> - -<p>“Yes; but the Chief Baron said that the case of a ship was wholly -different—that it might be possible to insure freedom from rats in a -ship, but that it was impossible to say that this could be done with -respect to warehouses generally,<a name="FNanchor_275_275" id="FNanchor_275_275"></a><a href="#Footnote_275_275" class="fnanchor">[275]</a> and another<span class="pagenum"><a name="page_106" id="page_106">{106}</a></span> judge remarked that a -landlord could not be considered negligent if he omitted taking means to -get rid of these pests till there was reason to suppose they were in the -building.”<a name="FNanchor_276_276" id="FNanchor_276_276"></a><a href="#Footnote_276_276" class="fnanchor">[276]</a></p> - -<p>“Never mind what others considered and thought and said—what do you -think?”</p> - -<p>“I think that perhaps the rule would apply that if a man permits an -animal to remain in his possession he becomes liable for the mischief it -commits.”<a name="FNanchor_277_277" id="FNanchor_277_277"></a><a href="#Footnote_277_277" class="fnanchor">[277]</a></p> - -<p>“Do you know what I think?” queried my wife.</p> - -<p>“No, my dear.”</p> - -<p>“That we had better go to lunch.”</p> - -<p class="asstt">* * * * * *</p> - -<p>As we were quietly sleeping the sleep of the wearied just that night, I -was aroused by a noise at our window. In a moment or two it was opened, -and then a man stealthily entered the room. I had not time to ask him -what he wanted, for at the first sound of my voice he was off as quickly -as if he had heard the click of a pistol. I made the window secure, and -again entered dream-land. In the morning, as we donned the attire which -Adam’s transgression has rendered necessary, my wife and myself -conversed on the subject of the liability of an hotel-keeper for losses -occurring to his guests from burglary.</p> - -<p>“In Vermont, my dear,” I said, “it has been held that if the proprietor -could show that the burglarious entry was under circumstances that -absolved<span class="pagenum"><a name="page_107" id="page_107">{107}</a></span> him from all blame, he would not be liable.<a name="FNanchor_278_278" id="FNanchor_278_278"></a><a href="#Footnote_278_278" class="fnanchor">[278]</a> But that -doctrine is not now followed.”<a name="FNanchor_279_279" id="FNanchor_279_279"></a><a href="#Footnote_279_279" class="fnanchor">[279]</a></p> - -<p>“And what do the judges now say?”</p> - -<p>“It was decided in this sunset State that although the point may be -somewhat unsettled, yet still the true idea is to hold that innkeepers, -like common carriers, are insurers of the property committed to their -charge, and are bound to make restitution for any injury or loss not -caused by the act of the Almighty, nor by a common enemy, nor by the -neglect or default of the owner.”<a name="FNanchor_280_280" id="FNanchor_280_280"></a><a href="#Footnote_280_280" class="fnanchor">[280]</a></p> - -<p>A fresh topic of conversation here suggesting itself to the active brain -of Mrs. L., she launched out upon it <i>con amore</i>.</p> - -<p>I found afterwards that I had not been the only object of the burglar’s -attentions, for as I was sauntering along one of the corridors of the -hotel I was accosted thus:</p> - -<p>“I say, you walking digest of the law of inns and innkeepers, what’s the -consequence if a guest is a little careless and loses his valuables?”</p> - -<p>This question was familiarly put to me (that is, put in a way that -evinced no intention on the part of the speaker of paying for the -information sought) by an old friend, with whom I occasionally conversed -on legal topics, and from whom carelessness and negligence were as -inseparable as Apollo and<span class="pagenum"><a name="page_108" id="page_108">{108}</a></span> his golden bow, or Orpheus and his tuneful -lyre.</p> - -<p>“The same old Story, to whom I have often alluded in my professional -talks with you, says<a name="FNanchor_281_281" id="FNanchor_281_281"></a><a href="#Footnote_281_281" class="fnanchor">[281]</a> that negligence may be ordinary, or less than -ordinary, or more than ordinary; and that ordinary negligence may be -defined to be want of ordinary diligence, and gross negligence to be -want of slight diligence. Although some English judges have said that -they can see no difference between negligence and gross negligence; that -it is the same thing with the addition of a vituperative epithet.<a name="FNanchor_282_282" id="FNanchor_282_282"></a><a href="#Footnote_282_282" class="fnanchor">[282]</a> -Of what kind of negligence have you been guilty, and what has happened?”</p> - -<p>“I did not say that I had been doing anything. But suppose that a fellow -had some money in his portmanteau and left it in the hall of the hotel -with the other baggage, and didn’t say anything about it to the -landlord, and it disappeared.”</p> - -<p>“Well, sir, in such a case I should say that a jury would be warranted -in finding that the individual referred to had been guilty of gross -negligence, and that the hotel-keeper was exonerated through his -imprudence in thus exposing his goods to peril.”<a name="FNanchor_283_283" id="FNanchor_283_283"></a><a href="#Footnote_283_283" class="fnanchor">[283]</a></p> - -<p>“I had some such idea floating through my own cranium.”</p> - -<p>“<span class="lftspc">’</span>Tis a pity that your brain is in such a liquid state. I remember a -case of a man of the name of Armistead, a commercial traveler, who, -while at an<span class="pagenum"><a name="page_109" id="page_109">{109}</a></span> hotel, placed his box in the commercial room, as was the -wont of those who visited the house. The box had money in it, and was -left there for three nights. Twice or thrice, in the presence of several -on-lookers, Armistead opened the trunk and counted his change. The lock -was so bad that any one could unfasten it without a key by simply -pushing back the bolt. The money leaked away mysteriously, and Armistead -sued the landlord to recover it, but the judge who tried the case told -the jury that gross negligence on the part of the guest would relieve -the host from his common-law liability; and when the matter came up -before the court it was held that the jury had done right in finding the -traveler had been guilty of such gross negligence as to excuse his -landlord from liability for the money. Lord Campbell remarked that the -judge would have been astray had he said that in all cases a box should -be taken to the guest’s bedroom, and he doubted whether, in order to -absolve the innkeeper, there must be <i>crassa negligentia</i> on the part of -the guest.”<a name="FNanchor_284_284" id="FNanchor_284_284"></a><a href="#Footnote_284_284" class="fnanchor">[284]</a></p> - -<p>“That’s the law, is it?”</p> - -<p>“A still more recent case settled the question as to the amount of -negligence that would bind the owner of the goods. In deciding it, -Earle, J., said that he thought that the rule of law resulting from all -the authorities was, that in a case like the one he was considering the -goods always remained under the charge of the innkeeper and the -protection of the inn, so as to make the landlord liable as for<span class="pagenum"><a name="page_110" id="page_110">{110}</a></span> breach -of duty, unless the negligence of the guest occasions the loss, in such -a way as that it would not have happened if the guest had used the -ordinary care that a prudent man might reasonably have been expected to -take under the circumstances;<a name="FNanchor_285_285" id="FNanchor_285_285"></a><a href="#Footnote_285_285" class="fnanchor">[285]</a> and the same rule seems to hold good -on this side of the Atlantic.”<a name="FNanchor_286_286" id="FNanchor_286_286"></a><a href="#Footnote_286_286" class="fnanchor">[286]</a></p> - -<p>“If a friend bags your baggage,” inquired the searcher after cheap -knowledge, “at an hotel, and marches off with it, could you compel the -proprietor of the establishment to make good your loss?”</p> - -<p>“It was decided not, in Illinois, where one had allowed his chum to -exercise acts of ownership over his trunk;<a name="FNanchor_287_287" id="FNanchor_287_287"></a><a href="#Footnote_287_287" class="fnanchor">[287]</a> and long ago it was -held, in the old land, that if a landlord tells a guest, on his arrival, -that he has no room, the house being full, and his words are veritable -truth, and yet the guest insists upon being admitted, saying that he -will shift for himself, or if he go and share the apartment of another, -without the consent of the proprietor or his servants, the host is not -responsible for his traps, unless the sufferer can show that the goods -were actually stolen or lost through the negligence of the innkeeper or -his servants.<a name="FNanchor_288_288" id="FNanchor_288_288"></a><a href="#Footnote_288_288" class="fnanchor">[288]</a> But an innkeeper can’t shirk his liability because -his house is full of parcels, if the owner is stopping at the -house.”<a name="FNanchor_289_289" id="FNanchor_289_289"></a><a href="#Footnote_289_289" class="fnanchor">[289]</a><span class="pagenum"><a name="page_111" id="page_111">{111}</a></span></p> - -<p>“To tell you, then, what really did happen to me: I got in here late -last night, and after entering my name at the office, pulled out my -purse and paid the cabby; I then went to my room, and being very tired, -tumbled out of my clothes as rapidly as nature and art would permit me, -put them on a chair near the bed, and was soon among the flowery meads -of dream-land. This morning, lo and behold! the purse which I had left -in my pocket was gone, some villain having, while I slept, entered the -room by the door, which I had omitted to fasten. Now, then, what are my -rights and remedies in the premises?” asked my friend.</p> - -<p>“In the days when the Virgin Queen, Elizabeth, ruled the benighted land -of our ancestors, and trifled with the affections of subject, prince, -king, czar, and Cæsar, the whole Court of Queen’s Bench decided that an -innkeeper was bound by law to keep the goods and chattels of his guests, -without any stealing or purloining, and that it was no excuse for him to -say that he delivered to the guest the key of his bed-room, and that he -(the guest) had left the door open, (that is, I presume, unlocked);<a name="FNanchor_290_290" id="FNanchor_290_290"></a><a href="#Footnote_290_290" class="fnanchor">[290]</a> -for that he, the landlord, is responsible for their safety, even in the -bed-room, and that even though the poor publican never knew that his -visitor had any property with him, and was entirely ignorant of the -depredation. Unless, indeed, the thief was the guest’s servant or -friend, or the proprietor had required the guest to place his goods in a -particular chamber, under lock and key, saying that then he<span class="pagenum"><a name="page_112" id="page_112">{112}</a></span> would -warrant their safety, otherwise not, and the man had foolishly neglected -the advice.”<a name="FNanchor_291_291" id="FNanchor_291_291"></a><a href="#Footnote_291_291" class="fnanchor">[291]</a></p> - -<p>“Ah, well! then I am all right.”</p> - -<p>“Kindly refrain from forming a definite opinion until you are in full -possession of the whole law on the subject. I know that it has been held -again and again, in England, that a guest is not bound to either fasten -or lock his door.<a name="FNanchor_292_292" id="FNanchor_292_292"></a><a href="#Footnote_292_292" class="fnanchor">[292]</a> In a very late case Lord Chancellor Cairns -remarked that he would be sorry to say any single word implying that -there is any rule of law as to this;<a name="FNanchor_293_293" id="FNanchor_293_293"></a><a href="#Footnote_293_293" class="fnanchor">[293]</a> and our own authorities seem -to be in unison with the English decisions.<a name="FNanchor_294_294" id="FNanchor_294_294"></a><a href="#Footnote_294_294" class="fnanchor">[294]</a> But perhaps you may -have heard the remark that circumstances alter cases.”</p> - -<p>“I must confess the maxim has a ring not altogether novel to my ears.”</p> - -<p>“I may say that it is particularly true in legal matters; and sometimes -it is incumbent on a guest to fasten his door.<a name="FNanchor_295_295" id="FNanchor_295_295"></a><a href="#Footnote_295_295" class="fnanchor">[295]</a> For example, a -commercial traveler obtained a private room wherein to exhibit his goods -to his customers. Clements, the landlord, told him to lock the door. -This the man neglected to do, although while showing his samples a -stranger had twice popped his phiz into the room. The court considered -that the traveler by his own act had absolved Clements from his -liability, and that he must hear his loss as philosophically as -possible.”<a name="FNanchor_296_296" id="FNanchor_296_296"></a><a href="#Footnote_296_296" class="fnanchor">[296]</a><span class="pagenum"><a name="page_113" id="page_113">{113}</a></span></p> - -<p>“Did the occupants of the bench state the why and the wherefore?”</p> - -<p>“Yes; and it was partly on the ground that the hotel-keeper was not -bound to extend the same protection to goods placed in a room for the -purposes of trade as to those in an ordinary chamber. (You know the -liability is only as to baggage; it extends not to merchandise.)<a name="FNanchor_297_297" id="FNanchor_297_297"></a><a href="#Footnote_297_297" class="fnanchor">[297]</a> -And further, that circumstances of suspicion had arisen which should -have put the guest on his guard; that after the vision of the strange -head it became his duty, in whatever room he might be, to use at least -ordinary diligence, and particularly so as he was occupying the -apartment for a special purpose. For though, in general, a traveler who -resorts to an inn may rest upon the protection which the law casts -around him, yet, if circumstances of suspicion arise, he must exercise -at least ordinary care.”<a name="FNanchor_298_298" id="FNanchor_298_298"></a><a href="#Footnote_298_298" class="fnanchor">[298]</a></p> - -<p>“But,” said my companion, “I had no head to warn me—not even -Banquo-like did any ‘horrible shadow, unreal mockery’ appear, to place -me on my guard.”</p> - -<p>“A case occurred at Bristol, in England, which may, perchance, put the -matter to you in a clear light. A man of foreign extraction, Oppenheim -by name, went to the White Lion Hotel. While in a public room he took -from his pocket a canvas bag, containing twenty-two gold sovereigns, -some silver, and a £5 note, and extracted therefrom a tanner<span class="pagenum"><a name="page_114" id="page_114">{114}</a></span>—”</p> - -<p>“A what?”</p> - -<p>“A six-penny bit—to pay for some stamps. Shortly afterwards he retired -for the night to a room in an upper story; the door had both lock and -bolt; the window looked on to a balcony. The chambermaid told him that -the window was open, but said nothing about the door. He closed the -latter, but did not lock it or bolt it; left the window open, and placed -his clothes, with the money in a pocket, on a chair at his bedside. -During the night some one entered by the door and removed the bag -without first removing the money from it. Of course Oppenheim sued the -hotel company, and had the pleasure of hearing the judge tell the jury -that they should consider whether the loss would or would not have -happened if O. had used the ordinary care which a prudent man might -reasonably be expected to have used under the circumstances.”</p> - -<p>“And the jury said what?”</p> - -<p>“Why, they said the hotel company were not liable; and the Court of -Common Pleas, at Westminister, said that the judge had put the law -correctly, and that the jury had done their duty.”</p> - -<p>“But then the guest had been guilty of other acts of negligence besides -leaving his door unlocked; he showed his purse—”</p> - -<p>“<i>Et tu Brute!</i>” I remarked.</p> - -<p>“I forgot,” was the confession.</p> - -<p>“The whole facts of the case must be looked at; and the judges thought -there was evidence of negligence on Oppenheim’s part which contributed -to<span class="pagenum"><a name="page_115" id="page_115">{115}</a></span> the loss. One of my Lords said that he agreed in the opinion that -there is no obligation on a guest at an inn to lock his bedroom door; -but the fact of the guest having the means of securing himself and -choosing not to use them is one which, with the other circumstances of -the case, should be left to the jury. The weight of it must, of course, -depend upon the state of society at the time and place; what would be -prudent at a small hotel in a small town might be the extreme of -imprudence at a large hotel in a city like Bristol, where probably three -hundred bedrooms were occupied by people of all sorts.<a name="FNanchor_299_299" id="FNanchor_299_299"></a><a href="#Footnote_299_299" class="fnanchor">[299]</a> And one of -the other judges remarked that Lord Coke, in the case to which I first -referred,<a name="FNanchor_300_300" id="FNanchor_300_300"></a><a href="#Footnote_300_300" class="fnanchor">[300]</a> only meant that an hotel-keeper could not get rid of his -liability by merely handing his guest a key, and that he by no means -laid it down that a guest might not be guilty of negligence in -abstaining from using it.”<a name="FNanchor_301_301" id="FNanchor_301_301"></a><a href="#Footnote_301_301" class="fnanchor">[301]</a></p> - -<p>“Well, what am I to do?”</p> - -<p>“Do! Why let the past bury the past, and in future remember three golden -rules whenever you are at an hotel. First, under any circumstances lock -your bedroom door when you retire for the night. Secondly, do not -display your cash in public places; and, Thirdly, consider whether there -are not special circumstances calling for special caution on your part, -and if there are, act accordingly. But you have not told me yet how much -you lost.<span class="pagenum"><a name="page_116" id="page_116">{116}</a></span>”</p> - -<p>“Only $2; but it is the principle involved that I look at.”</p> - -<p>“You rascal! if I had known that it was such a paltry sum, I would not -have taken the trouble to tell you all that I have.<span class="pagenum"><a name="page_117" id="page_117">{117}</a></span>”</p> - -<h2><a name="CHAPTER_VII" id="CHAPTER_VII"></a><span class="smcap">Chapter VII.</span><br /><br /> -<small>HORSES AND STABLES.</small></h2> - -<p>Time passed, and back to the East we had come. On a certain day my wife -and myself, together with a couple of friends, yclept Mr. and Mrs. De -Gex, engaged a carriage and pair to take us some twenty or thirty miles -into the country to see some wonderful sights—what they were is quite -immaterial at this late date. A pleasant drive and charming day we had. -The night we were to spend at a little village inn.</p> - -<p>The mistress of the small establishment received us right warmly, so -that a perfect glow of pleasure pervaded one’s inner man.</p> - -<p>“Ah,” said Mrs. De Gex, who was inclined towards sentimentalism, “how -true are the words of the poet!</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘Whoe’er has traveled life’s dull round,<br /></span> -<span class="i3">Where’er his stages may have been,<br /></span> -<span class="i1">May sigh to think that he has found<br /></span> -<span class="i3">His warmest welcome at an inn.’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p>The innkeeper told our driver to leave the carriage outside on the road. -One of the party asked if that would be safe.</p> - -<p>“If it is not,” I replied, “Boniface is responsible, for I remember -that, in England, a man drove up to an inn on a fair day and asked the -landlord if he had room for the horse, and a servant of the<span class="pagenum"><a name="page_118" id="page_118">{118}</a></span> -establishment put it into the stable, while the traveler took his coat -and whip into the house, where he got some refreshment. The hostler -placed the gig in the open street, (outside the inn-yard) where he was -accustomed to leave the carriages of guests. The gig having been stolen, -the publican was held liable.”<a name="FNanchor_302_302" id="FNanchor_302_302"></a><a href="#Footnote_302_302" class="fnanchor">[302]</a></p> - -<p>“That seems rather hard, when, perhaps, the yard was full,” some one -remarked.</p> - -<p>“The landlord was not bound to receive the gig if he had not sufficient -accommodation for it. The guest did not know whether there was room or -not; and as the hostler took the horse, he had a right to assume that -there was. If the proprietor had wished to protect himself he should -have told the traveler that he had no room in the yard, and that he -would have to put the gig in the street, where, however, he would not be -liable for it. He did not do so, and had to bear the penalty.<a name="FNanchor_303_303" id="FNanchor_303_303"></a><a href="#Footnote_303_303" class="fnanchor">[303]</a> And -it has been held in this country that an innkeeper would be responsible -in the same way where a guest’s servant had placed his master’s property -in an open, uninclosed space, by the direction of the hostler, and upon -being assured that it would be quite safe there.”<a name="FNanchor_304_304" id="FNanchor_304_304"></a><a href="#Footnote_304_304" class="fnanchor">[304]</a></p> - -<p>“Mr. Justice Story once said that in the country towns of America it is -very common to leave chaises and carriages at inns under open sheds all -night, and also to leave stable doors open and unlocked; and that if, -under those circumstances,<span class="pagenum"><a name="page_119" id="page_119">{119}</a></span> a horse or a chaise should be stolen, it -would deserve consideration how far the innkeeper would be liable,”<a name="FNanchor_305_305" id="FNanchor_305_305"></a><a href="#Footnote_305_305" class="fnanchor">[305]</a> -said Mr. De Gex, my companion, who had looked inside a law-book or two.</p> - -<p>“I fancy it has been considered,” I replied, “and the innkeeper has met -with little consideration, and is held bound to protect the property of -those whom he receives as his guests. In one instance, the driver put -his loaded sleigh in the wagon-house of the inn, where such things were -usually placed; and the doors of the shed having been broken open and -property stolen, the landlord was held bound to make good the loss, -without loss of time.<a name="FNanchor_306_306" id="FNanchor_306_306"></a><a href="#Footnote_306_306" class="fnanchor">[306]</a> But Dr. Theophilus Parsons, who knows -something of these matters, says that if a horse or carriage is put in -an open shed with the owner’s consent or by his direction, the innkeeper -will not be liable for their loss, and that where this is usually done -and the owner of the horse knows the custom and gives no particular -instructions, it may be presumed that he consented and took the risk -upon himself.”<a name="FNanchor_307_307" id="FNanchor_307_307"></a><a href="#Footnote_307_307" class="fnanchor">[307]</a></p> - -<p>“Suppose we inspect the stable and see what accommodation there is for -our equine friends.” We entered. “Rather risky place to put two city -horses in,” De Gex continued. “Look at the flooring. A nag of any -spirit, not accustomed to the place, might kick through it and break its -leg.”</p> - -<p>“Well,” I said, “the innkeeper is bound to provide safe stabling for the -horses of his guest, and if any evil betide the animals from being -improp<span class="pagenum"><a name="page_120" id="page_120">{120}</a></span>erly tied, or the stalls being in bad repair, full compensation -may be recovered.<a name="FNanchor_308_308" id="FNanchor_308_308"></a><a href="#Footnote_308_308" class="fnanchor">[308]</a> He is responsible from the moment he receives the -quadrupeds until they leave; even after the owner has paid his bill and -his man is harnessing them to go;<a name="FNanchor_309_309" id="FNanchor_309_309"></a><a href="#Footnote_309_309" class="fnanchor">[309]</a> and, as a rule, the statutory -laws limiting the liability of hotel-keepers do not apply to horses or -carriages.”</p> - -<p>“Your view is the one a lawyer (a man without a heart) might take of it, -but a merciful man is merciful to his beast and does not like to run the -chance of its being killed.”</p> - -<p>“The tavern-keeper’s liability extends even to the death of the animals -in his care,”<a name="FNanchor_310_310" id="FNanchor_310_310"></a><a href="#Footnote_310_310" class="fnanchor">[310]</a> I remarked.</p> - -<p>“Still, one should himself exercise reasonable care and caution,” -returned De Gex. “I remember a gentleman, who kept his horse at an inn, -rode out one evening and on returning himself took it into the stable -and tied it up in the stall in which it had usually been kept. The next -morning the horse was found dead in the same stall, its head wedged fast -in the trough, which was made of a hollow beech log having a bulge in -the middle, thus rendering that part wider than the top. The poor beast -had evidently killed itself in trying to extricate its head. The owner -brought an action against the publican, but had to bear the loss, not -only of his horse but also of the suit.”<a name="FNanchor_311_311" id="FNanchor_311_311"></a><a href="#Footnote_311_311" class="fnanchor">[311]</a></p> - -<p>“Yet I know that where a horse had been choked<span class="pagenum"><a name="page_121" id="page_121">{121}</a></span> to death by its halter, -and it was proved that it was tied under the superintendence and -direction of the owner himself, and in reply the owner proved that the -stall in which it had been was in very bad condition, it was held that -the innkeeper could not give further evidence.<a name="FNanchor_312_312" id="FNanchor_312_312"></a><a href="#Footnote_312_312" class="fnanchor">[312]</a> And when another -innkeeper agreed with the owner of a horse to entertain the man in -charge one day in every week, or oftener if he should chance to stop at -the inn with the horse, furnish the latter with provender and allow it -to be kept in a particular stall: no one but the man in charge took care -of the horse; yet on its being injured in its stall, the innkeeper was -held answerable.”<a name="FNanchor_313_313" id="FNanchor_313_313"></a><a href="#Footnote_313_313" class="fnanchor">[313]</a></p> - -<p>“And look, besides, there are no proper partitions between the stalls,” -said my friend, “and some other nag might kick one of ours; and you know -that it was decided in the old country that under such circumstances the -publican would not be liable for the injuries so inflicted, unless it -could be proved that he did not take due and proper care in excluding -vicious and kicking horses.”<a name="FNanchor_314_314" id="FNanchor_314_314"></a><a href="#Footnote_314_314" class="fnanchor">[314]</a></p> - -<p>“Hah!” I exclaimed. “But that case has since been doubted, and it can -scarcely be accepted as good law.<a name="FNanchor_315_315" id="FNanchor_315_315"></a><a href="#Footnote_315_315" class="fnanchor">[315]</a> Well, what shall we do?”</p> - -<p>“Let’s tell them to turn the nags into the field,” said De Gex.</p> - -<p>“If you do, and they are lost, stolen or injured,<span class="pagenum"><a name="page_122" id="page_122">{122}</a></span> we cannot look to our -host for recompense, unless Master Boniface himself be guilty of -negligence, as by putting them in a field where pits or ditches abound -or fences and gates are broken or open. If, however, he should put them -into the pasture of his own accord, he would be answerable;<a name="FNanchor_316_316" id="FNanchor_316_316"></a><a href="#Footnote_316_316" class="fnanchor">[316]</a> for -then the field would be considered as part of the inn premises. Although -Story thinks that the latter rule should be qualified, as it is such a -common custom in America in the summer time to put horses in a pasture, -he says the implied consent of the guest may fairly be presumed, if he -knows the practice.”<a name="FNanchor_317_317" id="FNanchor_317_317"></a><a href="#Footnote_317_317" class="fnanchor">[317]</a></p> - -<p>“Well, let us send them over to the other house, where the stabling -appears better, while we ourselves lodge here,” again suggested Mr. De -G.</p> - -<p>“That might do,” I made answer; “for an innkeeper is bound to receive a -horse, even though the owner chooses to go elsewhere.<a name="FNanchor_318_318" id="FNanchor_318_318"></a><a href="#Footnote_318_318" class="fnanchor">[318]</a> And it is -clearly settled that in the eyes of the law a man becomes a guest at a -place of public entertainment by having his horse there, though he -himself neither lodges nor takes refreshments there.”<a name="FNanchor_319_319" id="FNanchor_319_319"></a><a href="#Footnote_319_319" class="fnanchor">[319]</a></p> - -<p>“But I thought that an innkeeper was not bound to take the goods of a -man who merely wishes to use the house as a place of deposit;<a name="FNanchor_320_320" id="FNanchor_320_320"></a><a href="#Footnote_320_320" class="fnanchor">[320]</a> nor -liable for things so left there, except as an ordinary bailee.”<a name="FNanchor_321_321" id="FNanchor_321_321"></a><a href="#Footnote_321_321" class="fnanchor">[321]</a><span class="pagenum"><a name="page_123" id="page_123">{123}</a></span></p> - -<p>“Oh, that rule only applies to dead things out of which the man can make -no profit; but with animals the innkeeper is chargeable, because he -makes something out of keeping them. And, as I said, it has been -frequently held that he is liable for the loss of a horse, although its -owner puts up at a different place. But there is some doubt.”<a name="FNanchor_322_322" id="FNanchor_322_322"></a><a href="#Footnote_322_322" class="fnanchor">[322]</a></p> - -<p>“Will he also be liable for the carriage?” asked my companion.</p> - -<p>“Yes, and for the harness as well; for the compensation paid for the -horses will extend the host’s responsibility to such articles. And the -owner will be able to sue for damages if anything happens to our nags, -although they have been hired by us.<a name="FNanchor_323_323" id="FNanchor_323_323"></a><a href="#Footnote_323_323" class="fnanchor">[323]</a> If a servant brings his -master’s horse to an inn, and while there it is stolen, of course the -master can sue the innkeeper;<a name="FNanchor_324_324" id="FNanchor_324_324"></a><a href="#Footnote_324_324" class="fnanchor">[324]</a> and for all such legal purposes the -hirer of goods will be deemed the owner’s servant.”</p> - -<p>“Suppose a horse-thief stops at an inn and there loses his prize, can -the owner then sue the landlord?”</p> - -<p>“No; he must, under those trying circumstances, look simply to the -person who first deprived him of his faithful nag,”<a name="FNanchor_325_325" id="FNanchor_325_325"></a><a href="#Footnote_325_325" class="fnanchor">[325]</a> I replied.</p> - -<p>“The other innkeeper may charge pretty well for the horses, if we stay -here ourselves,” suggested De Gex.<span class="pagenum"><a name="page_124" id="page_124">{124}</a></span></p> - -<p>“In the good old days of yore he could not have done that, for -innkeepers were bound to ask only a reasonable price, to be calculated -according to the rates of the adjoining market, without getting anything -for litter;<a name="FNanchor_326_326" id="FNanchor_326_326"></a><a href="#Footnote_326_326" class="fnanchor">[326]</a> and if they made a gross overcharge, the guests had -only to tender a reasonable sum, and have them indicted and fined for -extortion.<a name="FNanchor_327_327" id="FNanchor_327_327"></a><a href="#Footnote_327_327" class="fnanchor">[327]</a> But I fear me those halcyon days have passed. Do you -know that if a man is beaten at an inn the proprietor is not answerable, -although if the man’s horse should be so treated, even if it were not -known who did it, the publican will be liable?”<a name="FNanchor_328_328" id="FNanchor_328_328"></a><a href="#Footnote_328_328" class="fnanchor">[328]</a></p> - -<p>“That is queer law. Why is it?”</p> - -<p>“Because in ages long since gone by an innkeeper’s liability was -confined to one’s <i>bona et catalla</i>, and injury to a man is not damage -to his <i>bona et catalla</i>.”</p> - -<p>“Well, I am sure I don’t see what would damage his ‘bones and -cartilage,’ if a good beating did not. Let us join the ladies.”</p> - -<p>“I think we had better, after that atrocious attempt at a pun,” I -replied. “Well said the Autocrat of the Breakfast Table, ‘a pun is -<i>prima facie</i> an insult to the person you are talking with. It implies -utter indifference to, or sublime contempt for, his remarks, no matter -how serious.’<span class="lftspc">”</span></p> - -<p>We found our better halves had gone out for a walk. Knowing that their -feminine curiosity would soon bring them to a standstill we started in -pursuit, and speedily came up with them as they stood<span class="pagenum"><a name="page_125" id="page_125">{125}</a></span> gazing at some -rose bushes in a pretty flower garden.</p> - -<p>“Did you ever see such bea-u-ti-ful roses?” screamed Mrs. De Gex, whose -voice, when pitched in a high key, was as melodious as a peacock’s.</p> - -<p>“And so many!” added Mrs. Lawyer.</p> - -<p>“I am somewhat a believer in the doctrine of metempsychosis,” said Mr. -De Gex.</p> - -<p>“What has such a horrid thing to do with roses?” asked his wife.</p> - -<p>“Merely that, if it be true, I may have seen finer and more numerous -flowers long, long ago.”</p> - -<p>“Explain,” I exclaimed.</p> - -<p>“Well, when in another form I may, at the beginning of the Christian -era, have been present at the regatta near lovely Baiæ and seen the -whole surface of the Lucrine Sea strewn with these flowers, according to -custom; or I may have been present at some of old Nero’s banquetings, -when he caused showers of rose-leaves to be rained down upon the -assembled guests; or, in fact, I may have been at Heliogabalus’ dinner -party, when such heaps of these same flowers were flung over the -revelers that several were smothered to death. That frail beauty, -Cleopatra, was wont to spend immense sums on roses, and at one -entertainment, that she gave in honor of her friend Anthony, she had the -whole floor covered more than a yard deep.”</p> - -<p>“How delightful!” chorused the ladies.</p> - -<p>“The Sybarites used to sleep upon beds stuffed with rose-leaves. That -old tyrant Dionysius, at<span class="pagenum"><a name="page_126" id="page_126">{126}</a></span> his revels, constantly reclined on a couch -made of the blossoms. Verres, with whom Cicero had the tussle, was -accustomed to travel through his province reclining gracefully on a -mattrass full of them; and not content with this, he had a wreath of -roses round his head and another around his neck, with leaves -intertwined. And Antiochus, when he wanted to be uncommonly luxurious, -would sleep in a tent of gold and silver upon a bed of these flowers.”</p> - -<p>“Did they indulge in attar?”</p> - -<p>“I cannot say, but at his parties, Nero—that champion fiddler of -Rome—would have his fountains flinging up rose-water; and while the -jets were pouring out the fragrant liquid, white rose-leaves were on the -ground, in the cushions on which the guests lay, hanging in garlands on -their noble brows, and in wreaths around their necks. The <i>couleur de -rose</i> pervaded the dinner itself, and a rose pudding challenged the -appetites of the guests, while, to assist digestion, they indulged in -rose wine. Heliogabalus was so fond of this wine that he used to bathe -in it.”</p> - -<p>“What a waste!” said my wife.</p> - -<p>“Whose? That girl’s?” I asked.</p> - -<p>“You horrid man!” returned my wife. “But I know you pretend to dislike -roses.”</p> - -<p>“Yes,” I said, “if metempsychosis is correct, I must have been killed -two or three times during the Wars of the Roses. I believe, with the -ancient Aztecs, that sin and sorrow came into the world through the -first woman plucking a forbidden rose.<span class="pagenum"><a name="page_127" id="page_127">{127}</a></span>”</p> - -<p>“He is, perhaps, not quite so bad as the lady who had such a strong -antipathy to this queen of flowers that she actually fainted when her -lover approached her wearing an artificial one in his button-hole; nor -as good Queen Bess’s lady-in-waiting, who disliked the flower so much -that her cheek actually blistered when a white one was placed upon it as -she slept. He is most like Tostig of old,” continued my wife.</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“He cannot smell a rose but pricks his nose<br /></span> -<span class="i1">Against the thorn and rails against the rose.”<br /></span> -</div></div> -</div> - -<p>Our position changed and so did the subject.</p> - -<p class="asstt">* * * * * *</p> - -<p>The next day when we went over for our horses we found a most -interesting discussion going on between the landlord and a man of a -class somewhat too common in these hard times, an impecunious lawyer, -concerning the right of the former to detain the horse of the latter for -the hotel bill of the owner.</p> - -<p>“You can’t do it,” said the poverty-stricken disciple of Coke. “No -innkeeper can detain the other goods and chattels of a guest for payment -of the expenses of a horse, nor a horse for the expenses of the guest. -You can only keep my horse for the price of its own meat, and that has -been paid for.<a name="FNanchor_329_329" id="FNanchor_329_329"></a><a href="#Footnote_329_329" class="fnanchor">[329]</a> If a man brought several horses to your old inn, -each one could be detained only for its own keep, and not for that of -the others; and if you let the<span class="pagenum"><a name="page_128" id="page_128">{128}</a></span> owner take away all but one, you could -not keep that one until your whole bill was paid, but you would have to -give it up on tender of the amount due for its keep.<a name="FNanchor_330_330" id="FNanchor_330_330"></a><a href="#Footnote_330_330" class="fnanchor">[330]</a> Hullo!” he -added, as he saw me, “here’s a gentleman who knows all about such -things. “Is not what I state correct?” he coolly asked.</p> - -<p>“Certainly,” I said, turning to the landlord. “Mr. Blackstone’s law is -better than his pay; though, perhaps, Mr. Story may be said to doubt his -last statement.”<a name="FNanchor_331_331" id="FNanchor_331_331"></a><a href="#Footnote_331_331" class="fnanchor">[331]</a></p> - -<p>“But,” said Boniface, a short, fat man, made without any apparent neck -at all—only head and shoulders like a codfish—“but the rascal did not -pay me for the last time he put up his old beast here, and I’ll keep it -now till I am paid or till it dies, which latter event will probably -happen first to such a bag of bones.”</p> - -<p>“You can’t do that, old boy,” said Mr. B., delightedly.</p> - -<p>“He is right again,” I replied. “If you let a guest take away his horse, -unless, indeed, he merely takes it out for exercise, day by day, <i>animo -revertendi</i>,<a name="FNanchor_332_332" id="FNanchor_332_332"></a><a href="#Footnote_332_332" class="fnanchor">[332]</a> it amounts to giving him credit and a relinquishment -of your right of lien, so that you can’t afterwards retake it. And even -if the man was to come back and run up another account for the keep of -his horse, although you might detain it for the latter debt, you could -not for the former.”<a name="FNanchor_333_333" id="FNanchor_333_333"></a><a href="#Footnote_333_333" class="fnanchor">[333]</a><span class="pagenum"><a name="page_129" id="page_129">{129}</a></span></p> - -<p>“But have I no lien upon the horse of a guest? Besides, I did not let -him take it away. He went off with it at daybreak, before any one was -up, the villain,” said mine host, waxing more and more wrathy as the -thought of past grievances recurred to him.</p> - -<p>“He, he, he!” laughed B. “You might have retaken it if you had been spry -enough, and then you might have kept it; but now it’s too late, too -late, too late, as the song says.”<a name="FNanchor_334_334" id="FNanchor_334_334"></a><a href="#Footnote_334_334" class="fnanchor">[334]</a></p> - -<p>“Exactly so,” I added. “Of course, my dear sir, there is little doubt -but what you have a right to detain a horse, brought to you by a -traveler, for its keep.<a name="FNanchor_335_335" id="FNanchor_335_335"></a><a href="#Footnote_335_335" class="fnanchor">[335]</a> And if you kept that old nag you would have -a perfect right to continue to charge for the food supplied from day to -day, while it remained in your possession, and that although Mr. B. -distinctly told you that he would not be responsible for anything -supplied to his horse; because otherwise your security would soon be -reduced to the value of an old hide and bones.<a name="FNanchor_336_336" id="FNanchor_336_336"></a><a href="#Footnote_336_336" class="fnanchor">[336]</a> But then <i>cui -bono</i>?”</p> - -<p>“What’s that?” asked the astonished innkeeper.</p> - -<p>“I mean, what would you gain by the additional outlay of good fodder?” I -explained.</p> - -<p>“Why, I would make the old thing work!” replied the man.</p> - -<p>“No, indeed!” said Blackstone. “You would<span class="pagenum"><a name="page_130" id="page_130">{130}</a></span> have no right to ride on my -horse, or use him for your own benefit in any way.”<a name="FNanchor_337_337" id="FNanchor_337_337"></a><a href="#Footnote_337_337" class="fnanchor">[337]</a></p> - -<p>“You would have no more right to use it for your own pleasure and -benefit than a man who distrains a cow for rent has to enjoy the fruits -of her ruminations. You could only ride the horse for the purpose of -preserving its health by proper exercise,”<a name="FNanchor_338_338" id="FNanchor_338_338"></a><a href="#Footnote_338_338" class="fnanchor">[338]</a> I remarked.</p> - -<p>“I am dashed if I’d do that,” cried the publican, waxing fierce.</p> - -<p>“You would have to do it,”<a name="FNanchor_339_339" id="FNanchor_339_339"></a><a href="#Footnote_339_339" class="fnanchor">[339]</a> shrieked Blackstone, triumphantly.</p> - -<p>“Well,” then roared the master of the establishment, “I’d sell the -blamed thing quick enough.”</p> - -<p>“If you did you would get yourself into hot water, and have to pay me -the full value of the beast; for an innkeeper can’t sell a horse he -detains for its board without the consent of the owner.<a name="FNanchor_340_340" id="FNanchor_340_340"></a><a href="#Footnote_340_340" class="fnanchor">[340]</a> Ho! ho! -ho!” laughed the little rascal.</p> - -<p>The poor landlord looked at me with such a despairing glance—a look of -a dying duck in a thunder-storm—that I could scarce restrain my risible -faculties as I remarked:</p> - -<p>“I am afraid your adversary is correct, and not even if a horse were to -eat its head off could you sell it, unless you chanced to live in London -or<span class="pagenum"><a name="page_131" id="page_131">{131}</a></span> Exeter. Your only remedy would be to sue for the price of the food, -get judgment, and then sell.<a name="FNanchor_341_341" id="FNanchor_341_341"></a><a href="#Footnote_341_341" class="fnanchor">[341]</a> You cannot sell a right of lien, or -transfer the property, without losing your right and rendering yourself -liable to an action. One must proceed by suit.”<a name="FNanchor_342_342" id="FNanchor_342_342"></a><a href="#Footnote_342_342" class="fnanchor">[342]</a></p> - -<p>The landlord turned to the rascally attorney, and shaking his fist at -him, exclaimed: “Get out, and if ever you darken my door again—look -out!”</p> - -<p>“Keep cool, sir, keep cool, the day is warm. Don’t shake your fist in my -face, sir. It is not the first time I’ve done the old chap,” added my -unworthy confrere, turning to us with a look of importance; “and it will -not be the last, unless I’ve read law for naught.”</p> - -<p>“How did you take him in before?” I queried.</p> - -<p>“Well, some years ago I was hard up—not the first, perhaps not the last -time I have been in that state—and I knew not how to get my team fed -for a week or two. So, believing that money had a considerable influence -with our friend here, I got a chap to run off with my ponies, bring them -here, and throw out some hints that it would be all right in a pecuniary -point of view if they could be kept in the stable for a few days until -the affair blew over. All went merry as a marriage bell. I advertised -for horses lost, stolen, or strayed, and after some three weeks happened -here and quite accidentally, you know, found my span. Of course mine -host wanted pretty good pay, but I talked to<span class="pagenum"><a name="page_132" id="page_132">{132}</a></span> him like a father; told -him that I knew that if a traveler brings to an inn the horse of a third -person, the innkeeper has a perfect right to detain it for its keep; -that of course he was not bound to inquire whose horse it was;<a name="FNanchor_343_343" id="FNanchor_343_343"></a><a href="#Footnote_343_343" class="fnanchor">[343]</a> that -that highly estimable and worthy occupant of the bench in days that are -no more, I mean Judge Coleridge, said that with reference to an -innkeeper’s lien there was no difference between the goods of a guest -and those of a third person brought by a guest.<a name="FNanchor_344_344" id="FNanchor_344_344"></a><a href="#Footnote_344_344" class="fnanchor">[344]</a> This pleased the -old rascal. Then I pleaded poverty, but Shylock was unmoved; then I -assumed an appearance of anger at his keeping my horses and went away.”</p> - -<p>“But how did that help you?” I asked impatiently, growing weary of a -story that was long enough for the ears of an antediluvian patriarch.</p> - -<p>“Oh, I had not left the worthy’s house five minutes before I happened, -quite accidentally, you know, to meet the man who had taken the horses. -Back we came. Boniface admitted that he was the one who had brought my -ponies to the inn. Then said I: ‘Sir, this man has confessed that he -told you that he did not own the horses, that he had stolen them; you, -therefore, became a party to his crime and have no right to keep my -horses any longer for their charges. See—here is the law;’ and I showed -him Oliphant on Horses, page 129;<a name="FNanchor_345_345" id="FNanchor_345_345"></a><a href="#Footnote_345_345" class="fnanchor">[345]</a> and<span class="pagenum"><a name="page_133" id="page_133">{133}</a></span> the fellow at once caved in. -Ta-ta, Mr. Lawyer.”</p> - -<p>And so off went the man to practice his knaveries and trickeries on some -other unfortunate members of the <i>genus homo</i>. The only consolation of a -virtuous man is that</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Doubtless the pleasure is as great<br /></span> -<span class="i1">Of being cheated as to cheat.”<br /></span> -</div></div> -</div> - -<p>“Well,” said my friend, who had all this time been standing by, a silent -but not an unbenefited listener, “Well, it strikes me that the law -concerning innkeepers and horses needs what Lord Dundreary thought the -country did, that is to say, namely, to wit, improving!”</p> - -<p>“True for you,” I replied. “For instance, until recently it was doubtful -whether an innkeeper who detains a horse as a pledge for its keep, can -detain also the saddle and bridle, or even the halter which fastens it -to the stall.<a name="FNanchor_346_346" id="FNanchor_346_346"></a><a href="#Footnote_346_346" class="fnanchor">[346]</a> And where a man stopped with his horse at an inn -under suspicious circumstances, and the police ordered the innkeeper to -retain the animal, it was held that the poor landlord had no lien.<a name="FNanchor_347_347" id="FNanchor_347_347"></a><a href="#Footnote_347_347" class="fnanchor">[347]</a> -And if a neighbor leaves his nag with an innkeeper to be fed and kept, -allowing him to use it at his pleasure, and a creditor of the owner -seize it for a debt, the poor publican has no lien for the animal’s -keep;<a name="FNanchor_348_348" id="FNanchor_348_348"></a><a href="#Footnote_348_348" class="fnanchor">[348]</a> nor would he have, where he<span class="pagenum"><a name="page_134" id="page_134">{134}</a></span> boards the horses of a stage -line, under a special agreement.”<a name="FNanchor_349_349" id="FNanchor_349_349"></a><a href="#Footnote_349_349" class="fnanchor">[349]</a></p> - -<p>“What about a livery-stable keeper?” asked De Gex.</p> - -<p>“Down in Georgia, it was held that he had a right of lien on horses and -buggies left in his keeping;<a name="FNanchor_350_350" id="FNanchor_350_350"></a><a href="#Footnote_350_350" class="fnanchor">[350]</a> but everywhere else, it is considered -that he has no such lien, for the contract with him is that the owner is -to have the horse whenever required;<a name="FNanchor_351_351" id="FNanchor_351_351"></a><a href="#Footnote_351_351" class="fnanchor">[351]</a> and the claim of a lien would -be inconsistent with the necessary enjoyment of the property.”<a name="FNanchor_352_352" id="FNanchor_352_352"></a><a href="#Footnote_352_352" class="fnanchor">[352]</a></p> - -<p>“Suppose the livery man pays out money to a vet. for advice?”</p> - -<p>“That would make no difference.<a name="FNanchor_353_353" id="FNanchor_353_353"></a><a href="#Footnote_353_353" class="fnanchor">[353]</a> But if a man who is both an -innkeeper and a livery-stable keeper receives a horse, and does not say -he takes it in the latter capacity, he has all the responsibilities of -an innkeeper, as well as all his privileges.<a name="FNanchor_354_354" id="FNanchor_354_354"></a><a href="#Footnote_354_354" class="fnanchor">[354]</a> On the other hand, if -an innkeeper receives horses and carriages on livery, the fact that the -owner on a subsequent day takes refreshment at the inn will not give the -innkeeper an innkeeper’s rights.<a name="FNanchor_355_355" id="FNanchor_355_355"></a><a href="#Footnote_355_355" class="fnanchor">[355]</a> I was almost forgetting to say -that even a livery-stable keeper may have a lien by express -agree<span class="pagenum"><a name="page_135" id="page_135">{135}</a></span>ment;<a name="FNanchor_356_356" id="FNanchor_356_356"></a><a href="#Footnote_356_356" class="fnanchor">[356]</a> and if he exercises any labor or trouble in the -improvement of the animals, he will have a lien for his charges.<a name="FNanchor_357_357" id="FNanchor_357_357"></a><a href="#Footnote_357_357" class="fnanchor">[357]</a></p> - -<p>“Well, I rather fancy that the ladies will think we have not almost, but -altogether, forgotten them, and intend to pass another night here. Let -us be off.<span class="pagenum"><a name="page_136" id="page_136">{136}</a></span>”</p> - -<h2><a name="CHAPTER_VIII" id="CHAPTER_VIII"></a><span class="smcap">Chapter VIII.</span><br /><br /> -<small>WHAT IS A LIEN?</small></h2> - -<p>As we turned to leave the premises to hasten back to our respective -wives, leaving our Jehu to bring the carriage and horses, we were -accosted by a most dilapidated specimen of the genus “seedy,” who -appeared to be a kind of stable-boy or hostler not overstocked with -brains. Judging from a cursory glance, his pants had parted in -irreconcilable anger from his boots, and had cautiously shrunk well up -to the knees—as if apprehensive of a kick from the big toe which was -well enough to be outside the remains of the boots; here and there -patches of bare skin peeped out through his tattered set-upons, as if -pleased to see daylight and have a little fresh air. Yet of such varied -hues were they, that the most profound ethnologist would be perplexed to -decide whether the man should be classed among the Caucasian, Mongolian, -Malay, Indian, or Negro race, or whether he was a hybrid compound of all -five. His coat, in colors, would have rivaled Joseph’s, and made the -teeth of his naughty brethren water with tenfold jealousy. His hat might -have for generations been used in winter to exclude the rains and snows -from a broken window, in summer for the breeding place of barn-door -fowls. The countenance of this tatterdemalion seemed as empty as his -pockets, and his brain as disordered as his<span class="pagenum"><a name="page_137" id="page_137">{137}</a></span> long yellow hair; his -breath as alcoholic as the store-room of a distillery; his <i>tout -ensemble</i> anything but suggestive of the “is he not a man and a brother” -sentiment.</p> - -<p>In piteous tones this wreck of what, perchance, was once a mother’s -darling, a father’s pride, asked:</p> - -<p>“Be you a liyur, sur?”</p> - -<p>“Yes. What do you want?” I returned.</p> - -<p>“Well, sur, I’m a poor man, with not a cint to bliss myself wid; and I -come here one day and got a bite of vittals, and bedad, sur, the ould -landlord seized me for rint, and said, says he, that he had a lane upon -me for those same scraps of cold food; and says he, I must stay here and -work for him until I can pay up. Now, kin he do that same, yur honor?”</p> - -<p>“No, most certainly not. He has no right to keep you or any other man -for such a reason.<a name="FNanchor_358_358" id="FNanchor_358_358"></a><a href="#Footnote_358_358" class="fnanchor">[358]</a> So you had better be off.”</p> - -<p>“Long life to your honor, and may the holy saints—but kin he,” and -again the voice sank into a wail, “kin he kape me clothes?”</p> - -<p>“Nothing that you have on,”<a name="FNanchor_359_359" id="FNanchor_359_359"></a><a href="#Footnote_359_359" class="fnanchor">[359]</a> I replied, as I turned away, thinking -that I could hear the scratch of the recording angel’s pen as he scored -another to the number of my good deeds.</p> - -<p>“Was it not considered at one time that an innkeeper had the right to -detain the persons of his guests for the payment of their bills?” -queried De Gex.<span class="pagenum"><a name="page_138" id="page_138">{138}</a></span></p> - -<p>“Yes, old Bacon so lays it down,<a name="FNanchor_360_360" id="FNanchor_360_360"></a><a href="#Footnote_360_360" class="fnanchor">[360]</a> and so did one Judge Eyres,<a name="FNanchor_361_361" id="FNanchor_361_361"></a><a href="#Footnote_361_361" class="fnanchor">[361]</a> -long since gone to his account; and in some of the old text-books the -same view is taken. But the idea was exploded forty years ago by the -combined effort of Lord Abinger, C. B., and his <i>puisnés</i>, Barons Parke, -Bolland, and Gurney.”</p> - -<p>“On what occasion?”</p> - -<p>“A man of the name of Sunbolf sued an innkeeper for assaulting and -beating him, shaking and pulling him about, stripping and pulling off -his coat, carrying it away and converting it to his own use.”</p> - -<p>“That was rather rough of him.”</p> - -<p>“It was, but the innkeeper, Alford, replied that he kept a common inn -for the reception, lodging and entertainment of travelers and others; -and that just before the time when he did all those things complained -of, Sunbolf and divers other persons in company with him came into the -inn as guests; and that he then found and provided them, at their -request, with divers quantities of tea and other victuals; and that -Sunbolf and the other persons thereupon, and just before the committing -of the grievances, became and were indebted to him in a certain small -sum of money, to wit, eleven shillings and three pence, for the said tea -and victuals; and thereupon he, the innkeeper, just before he did the -things of which he was accused, required and demanded of Sunbolf and the -others, payment by them, or some or one of them, of the said sum,<span class="pagenum"><a name="page_139" id="page_139">{139}</a></span> or -some security or pledge for the payment thereof; but Sunbolf and the -others wholly refused then, or at any other time, to pay to him the said -sum, or leave with or give to him any security or pledge for the payment -of the same; and before he did the acts spoken of, Sunbolf persisted in -leaving, and would have departed and left the said inn, against the -innkeeper’s will and consent, without paying the said sum of eleven -shillings and three pence, so due as aforesaid, had not he, A., kept and -detained him, Sunbolf, or some other of the said persons, or their goods -and chattels, or some of them, until they paid it; and because Sunbolf -and the others would go and depart from the said inn without paying, and -refused to pay that sum to him, and because the sum remained wholly due -to him, and because Sunbolf and the others would not, and refused to -leave with or give any pledge or security whatever to him for the -payment of that sum, and he (that is, Alford) could not procure or -obtain from them, or any or either of them, any other pledge or security -than the said coat mentioned, he, (the said Alford) at the time -mentioned, did gently lay his hands on Sunbolf to prevent him going and -departing from the said inn without his or the other persons paying the -said eleven shillings and three pence, or giving him some pledge or -security for the payment of it; and he did then, for the purpose of -acquiring such security or pledge, to a gentle and necessary degree, lay -his hands upon Sunbolf, and strip and pull the said coat from and off of -him, the same being a<span class="pagenum"><a name="page_140" id="page_140">{140}</a></span> reasonable pledge or security in that behalf, and -then placed the same in the said inn wherein he had thence thitherto -kept and detained the same as such pledge and security, for the said -debt of eleven shillings and three pence, being wholly due and unpaid to -him; and, therefore, he (Alford) suffered and permitted Sunbolf and the -others to go and depart from the said inn; and on the occasion aforesaid -he necessarily and unavoidably, to a small degree, shook and pulled -about Sunbolf; and these were the acts complained of.”</p> - -<p>“Well said the wise man of old, ‘<i>Audi alteram partem</i>,” said my friend. -“Alford’s story gives quite a different aspect to the whole affair.”</p> - -<p>“It gives you, at any rate, an idea of the longwinded pleadings in vogue -in the year of grace 1838.”</p> - -<p>“Was A.’s explanation satisfactory to the court?”</p> - -<p>“Oh, dear, no! Parke, B., asked, during the argument, if an innkeeper -had a right to turn his guest out without a coat; or if he had a right -to take off all his clothes, and send him away naked; and afterwards, in -giving judgment, he clearly and distinctly answered his own queries, and -said that an innkeeper had no power to strip a guest of his clothes; for -if he had, then, if the innkeeper took the coat off his back, and that -proved an insufficient pledge, he might go on and strip him naked, and -that would apply either to a male or female——”</p> - -<p>“That would be shocking!”</p> - -<p>“The learned baron merely considered it utterly absurd, and that the -idea could not be entertained<span class="pagenum"><a name="page_141" id="page_141">{141}</a></span> for a moment. Another of the judges said -that he had always understood the law to be that the clothes on the -person of a man, and in his possession at the time, are not to be -considered as goods to which the right of lien can properly apply; that -the consequence of holding otherwise might be to subject parties to -disgrace and duress in order to compel them to pay a trifling debt -which, after all, was not due, and which the innkeeper had no pretence -for demanding.”</p> - -<p>“But, my dear fellow, we were speaking of the right of a landlord to -keep the body of his guest.”</p> - -<p>“To be sure we were. The Chief Baron said that if an innkeeper had a -right to detain a guest for the non-payment of his bill, he had a right -to detain him until the bill was paid, which might be for years or might -be for aye; so that by the common law, a man who owed a small debt, for -which he could not be imprisoned by legal process, might yet be detained -by an innkeeper for life. Such a proposition my Lord Chief Baron said -was monstrous, and, according to my lord Baron Parke, was -startling.”<a name="FNanchor_362_362" id="FNanchor_362_362"></a><a href="#Footnote_362_362" class="fnanchor">[362]</a></p> - -<p>“For my part, I think it is high time we rejoined the ladies,” said De -Gex, with the air of a man satisfied with what he had heard.</p> - -<p>“All right; throw law to the dogs, to improve upon the immortal bard.”</p> - -<p class="asstt">* * * * * *</p> - -<p>Our return drive was as pleasant as that of the<span class="pagenum"><a name="page_142" id="page_142">{142}</a></span> preceding day, except -that we might well have exclaimed, in the words of the poet:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“How the dashed dry dust,<br /></span> -<span class="i1">Nebulous nothing,<br /></span> -<span class="i1">Nettled our nasal<br /></span> -<span class="i1">Nostrils, you noodles!”<br /></span> -</div></div> -</div> - -<p><i>En route</i>, we stopped at a little wayside inn for luncheon. On the -table the <i>pièce de resistance</i> was beefsteak.</p> - -<p>“I never,” observed De G., “see beefsteak but I think of poor old George -III.”</p> - -<p>“Had he a particular <i>penchant</i> for it?” I asked.</p> - -<p>“Not that. But once, when his intellect was sadly clouded, he was -breakfasting at Kew, and the conversation turned on the great scarcity -of beef in England. ‘Why don’t the people plant more beef?’ asked his -majesty. Of course he was told that beef could not be raised from seed -or slips; but he seemed incredulous, and, taking some pieces of steak, -he went out into the garden and planted them. Next morning he visited -the spot to see if the beef had sprouted, and finding some snails -crawling about, he took them for small oxen, and joyfully exclaimed to -his wife: ‘Here they are; here they are, Charlotte—horns and all!’<span class="lftspc">”</span></p> - -<p>“Poor fellow—poor fellow!”</p> - -<p>By and by, apple dumplings appeared. “Ha!” I exclaimed, “here are more -reminders of the poor old king! How his Britannic majesty used to puzzle -over the problem of how the apples got inside the pastry.<span class="pagenum"><a name="page_143" id="page_143">{143}</a></span>”</p> - -<p>“The Chinese cooks would have bewildered him still more with some of -their ingenious performances,” remarked De Gex.</p> - -<p>“In what respect?” queried the ladies.</p> - -<p>“At a recent banquet in San Francisco, an orange was placed beside the -plate of each guest. The fruit, to an ordinary observer, appeared like -any other oranges; but, on being cut open, they were found to contain, -<i>mirabile dictu</i>——”</p> - -<p>“What?” asked my wife.</p> - -<p>“Excuse me, I should not have quoted Latin. They were found to contain -five different kinds of delicate jellies. Of course, every one was -puzzled, first of all, to find how the jelly got in; and giving up that -as a conundrum too difficult to be solved, he found himself in a worse -quandary over the problem as to how the pulpy part of the orange got -out. Colored eggs were served up, and inside of them were found nuts, -jellies, meats, and confectionery.”</p> - -<p>“Wonderful men those Celestials!” I exclaimed. “They must have got such -notions from the banqueting table of Jove himself.”</p> - -<p>“I thought they indulged in nothing nicer than cats or dogs, rats or -mice, with an occasional dash of bird’s-nest soup,” said Mrs. De Gex.</p> - -<p>“Altogether a mistaken notion,” returned her husband.</p> - -<p>Tea was the beverage. I nearly upset the table as I reached over for the -teapot, whereupon my comrade exclaimed in the words of Cibber’s -rhapsody:<span class="pagenum"><a name="page_144" id="page_144">{144}</a></span></p> - -<p>“Tea, thou soft, thou sober, sage and venerable liquid; thou female -tongue-running, smile-smoothing, heart-opening, wink-tipping cordial, to -whose glorious insipidity we owe the happiest moments of our lives, let -me fall prostrate.”</p> - -<p>“Time’s up,” I said, as straightening myself I swallowed another cupful.</p> - -<p class="asstt">* * * * * *</p> - -<p>When we were again fairly under way and the ladies were quietly talking -some scandal, <i>sotto voce</i>, I said to De Gex: “Referring again to the -innkeeper’s lien——”</p> - -<p>“Let us have no more about it,” he replied promptly. “Honestly, I must -say that you are not a Paganini and cannot please by always playing upon -one string.”</p> - -<p>“Perhaps not, but as rare old Ben Jonson remarked, ‘when I take the -humor of a thing once, I am like a tailor’s needle—I go through,’ and a -little more information on that important subject may prove useful to -you some day.”</p> - -<p>“If you will talk on that dry subject, kindly inform me why publicans -have a lien at all,” said my friend.</p> - -<p>“Well, you know that a lien is the right of a man to whom any chattel is -given to detain it until some pecuniary demand upon or in respect of it -has been satisfied by the owner, and as the law treats an innkeeper as a -public servant, and imposes upon him certain duties—making him, for -example, receive all guests who are willing and able to pay, and are -unobjectionable on moral, pecuniary,<span class="pagenum"><a name="page_145" id="page_145">{145}</a></span> or hygienic grounds, and bestow on -the preservation of their goods an extraordinary amount of care—so, to -compensate him for this obligation, the law gives him the power of -detaining his guest’s goods, (except such as are in the visitor’s actual -possession and custody, in his hand for example,) until he pays for the -entertainment afforded, including, of course, remuneration for the care -of those goods. The lien extends to all the goods and chattels of the -guest, even those especially handed over to the host and placed by him -apart from the personal goods of his visitor.”<a name="FNanchor_363_363" id="FNanchor_363_363"></a><a href="#Footnote_363_363" class="fnanchor">[363]</a></p> - -<p>“Then, I suppose an innkeeper has a lien upon the goods of a guest -only.”</p> - -<p>“Exactly so; so that if he receive the person as a friend, or a -boarder,<a name="FNanchor_364_364" id="FNanchor_364_364"></a><a href="#Footnote_364_364" class="fnanchor">[364]</a> or under any special agreement,<a name="FNanchor_365_365" id="FNanchor_365_365"></a><a href="#Footnote_365_365" class="fnanchor">[365]</a> or an arrangement to -pay at a future time,<a name="FNanchor_366_366" id="FNanchor_366_366"></a><a href="#Footnote_366_366" class="fnanchor">[366]</a> he has no lien upon the goods, for he has no -responsibility with regard to them. In one case, however, it was decided -that if a man came to an hotel as a guest, his subsequently arranging to -board by the week would not alter the character in which he was -originally received, nor take away the host’s right of lien.”<a name="FNanchor_367_367" id="FNanchor_367_367"></a><a href="#Footnote_367_367" class="fnanchor">[367]</a></p> - -<p>“Suppose things are brought which the innkeeper is not bound to -receive—what then?<span class="pagenum"><a name="page_146" id="page_146">{146}</a></span>”</p> - -<p>“Where he actually takes in goods for a guest, whether he were legally -bound to do so or not, he is responsible for their safety, and so has a -lien upon them.<a name="FNanchor_368_368" id="FNanchor_368_368"></a><a href="#Footnote_368_368" class="fnanchor">[368]</a> But if anything is left with him, merely to take -care of, by one who does not himself put up at the house, the poor -innkeeper has no right to keep them until paid for his trouble;<a name="FNanchor_369_369" id="FNanchor_369_369"></a><a href="#Footnote_369_369" class="fnanchor">[369]</a> -unless, indeed, it is a horse, or other animal, out of the keep of which -he can receive a benefit.<a name="FNanchor_370_370" id="FNanchor_370_370"></a><a href="#Footnote_370_370" class="fnanchor">[370]</a> And you heard old Blackstone say, this -<small>A.M.</small>, that the proprietor is not bound to inquire whether or not the -guest is the real owner of the goods;<a name="FNanchor_371_371" id="FNanchor_371_371"></a><a href="#Footnote_371_371" class="fnanchor">[371]</a> and if the guest turns out a -thief, still the true owner cannot get back his property without paying -the charges upon it.<a name="FNanchor_372_372" id="FNanchor_372_372"></a><a href="#Footnote_372_372" class="fnanchor">[372]</a> In Georgia, however, it has been held that the -innkeeper has no lien against the true owner, except for the charges -upon the specific article on which the lien is claimed.”<a name="FNanchor_373_373" id="FNanchor_373_373"></a><a href="#Footnote_373_373" class="fnanchor">[373]</a></p> - -<p>“But supposing he really knows that the guest is not the owner?” said my -companion.</p> - -<p>“Then he has no lien. Broadwood, the celebrated piano manufacturer, -loaned a piano to M. Hababier, who was staying at a hotel. The court -held that, as it was furnished to the guest for his temporary use by a -third party and the innkeeper<span class="pagenum"><a name="page_147" id="page_147">{147}</a></span> knew it belonged to such party, and as -Hababier had not brought it to the place as his own, either upon his -coming to or while staying at the inn, the proprietor had no lien upon -it.<a name="FNanchor_374_374" id="FNanchor_374_374"></a><a href="#Footnote_374_374" class="fnanchor">[374]</a> But of course, if a servant, or an agent, in the course of his -employment, come to an inn and runs up a bill, the proprietor has a lien -upon his master’s goods in the servant’s custody.”<a name="FNanchor_375_375" id="FNanchor_375_375"></a><a href="#Footnote_375_375" class="fnanchor">[375]</a></p> - -<p>“How long does this right last?”</p> - -<p>“Only so long as the goods remain in the inn. If the guest goes away and -then comes back again, the publican cannot retain them for the prior -debt.<a name="FNanchor_376_376" id="FNanchor_376_376"></a><a href="#Footnote_376_376" class="fnanchor">[376]</a> If, however, the unsophisticated landlord is beguiled into -letting them go by a fraudulent representation, his right remains;<a name="FNanchor_377_377" id="FNanchor_377_377"></a><a href="#Footnote_377_377" class="fnanchor">[377]</a> -and if they are taken away, he may follow them if he does not -loiter.<a name="FNanchor_378_378" id="FNanchor_378_378"></a><a href="#Footnote_378_378" class="fnanchor">[378]</a> Delays are always dangerous, except in cases of matrimony. -Of course, a tender of the money claimed extinguishes the lien;<a name="FNanchor_379_379" id="FNanchor_379_379"></a><a href="#Footnote_379_379" class="fnanchor">[379]</a> but -it must be a valid tender. Tossing down a lot of money on a table, and -offering it if the innkeeper will take it in full of the bill, is not a -proper tender.<a name="FNanchor_380_380" id="FNanchor_380_380"></a><a href="#Footnote_380_380" class="fnanchor">[380]</a> Sometimes, if too much is claimed, or the claim is -on a wrong account, a tender may not be necessary.”<a name="FNanchor_381_381" id="FNanchor_381_381"></a><a href="#Footnote_381_381" class="fnanchor">[381]</a><span class="pagenum"><a name="page_148" id="page_148">{148}</a></span></p> - -<p>“Must the man say why he refuses to give up the goods?”</p> - -<p>“If he gives a reason for detaining them other than his right of lien, -he waives that, and it is gone; still, merely omitting to mention it -when the goods are demanded will not prevent him enforcing it.”<a name="FNanchor_382_382" id="FNanchor_382_382"></a><a href="#Footnote_382_382" class="fnanchor">[382]</a></p> - -<p>“Could not a guest get off by paying a small sum on account?”</p> - -<p>“No; for then a farthing in cash would destroy the right;<a name="FNanchor_383_383" id="FNanchor_383_383"></a><a href="#Footnote_383_383" class="fnanchor">[383]</a> but -taking a note payable at a future day will put a stop to it.”<a name="FNanchor_384_384" id="FNanchor_384_384"></a><a href="#Footnote_384_384" class="fnanchor">[384]</a></p> - -<p>“I believe that the landlord cannot sell the goods seized,” suggested my -comrade.</p> - -<p>“No, except by consent or operation of law.”<a name="FNanchor_385_385" id="FNanchor_385_385"></a><a href="#Footnote_385_385" class="fnanchor">[385]</a></p> - -<p>“Is there no limit to the amount for which the lien can exist?”</p> - -<p>“That point was disposed of in a case where a young fellow’s mother -asked a hotel-keeper not to allow her son, who was a guest in the house, -more than a certain quantity of brandy and water per diem, yet mine host -supplied the youth with considerably more of that beverage than was -named. When the bill was disputed, the judge held that a landlord was -not bound to examine the nature of the articles ordered by a guest -before he supplied them; but might furnish whatever was ordered, and -that the guest was bound to pay for them, pro<span class="pagenum"><a name="page_149" id="page_149">{149}</a></span>vided he was possessed of -reason, and not an infant.”<a name="FNanchor_386_386" id="FNanchor_386_386"></a><a href="#Footnote_386_386" class="fnanchor">[386]</a></p> - -<p>“Oh, then, a juvenile’s goods and chattels cannot be kept for his little -hotel bill? Another privilege gone forever with the happy days of -childhood,” said De Gex.</p> - -<p>“I am not quite so sure. In Kentucky, it was held that they could be, if -the entertainment was furnished in good faith, without the knowledge -that the youngster was acting improperly and contrary to the wishes of -his guardian; and it was even held that the innkeeper had a lien for -money given to the boy and expended by him for necessaries,”<a name="FNanchor_387_387" id="FNanchor_387_387"></a><a href="#Footnote_387_387" class="fnanchor">[387]</a> I -remarked.</p> - -<p>“I trust,” said my companion, “that there is not very much more to be -said on the subject. I feel that I am growing thin, and will soon -require a lean-to to support me.”</p> - -<p>“You are like the rest of the world, ingrate and thankless. Here I have -been giving you freely of what has cost me long, weary hours of study -and gallons of petroleum, and still you grumble. Only two points more -would I endeavor to impress upon your memory, the knowledge of which may -prove to be worth to you fully the cost of this drive of ours.”</p> - -<p>“Well, I will restrain myself and lend a listening ear.”</p> - -<p>“In the first place, if an innkeeper should retain your trunks for your -hotel bill, you need pay him<span class="pagenum"><a name="page_150" id="page_150">{150}</a></span> nothing for his trouble in taking care of -them thereafter; when you are flush again, you may call, and on paying -the original amount due, demand your traps.<a name="FNanchor_388_388" id="FNanchor_388_388"></a><a href="#Footnote_388_388" class="fnanchor">[388]</a> In that way, you see, -you may sometimes get rid of the trouble of carrying your baggage about -with you. Then, again, whenever possible, travel in company, with all -the baggage in one trunk; let the one who owns the trunk pay his bill, -and then all may go on their way rejoicing; for where a paterfamilias -took his daughters to an hotel and the board of all was charged to the -old man, (who afterward became insolvent) it was well decided that the -trunks of one of the girls could not be detained for the whole amount -due by the party. Every man for himself, seems to be the rule.”<a name="FNanchor_389_389" id="FNanchor_389_389"></a><a href="#Footnote_389_389" class="fnanchor">[389]</a></p> - -<p>“What are you two men gossiping about?” suddenly broke in Mrs. Lawyer, -she and her companion having fully exhausted their stock of chit-chat.</p> - -<p>“Gossiping!” said De Gex; “no indeed; as Sir Boyle Roche would say, I -deny the allegation, and defy the allegator.”</p> - -<p>“None with a properly constituted mind would indulge in such a thing; -for George Eliot well defines gossip to be ‘a sort of smoke which comes -from the dirty tobacco-pipes of those who diffuse it,’ and remarks that -it proves nothing but the bad taste of the smoker,” I added.<span class="pagenum"><a name="page_151" id="page_151">{151}</a></span></p> - -<p>The ladies seemed conscience-stricken, for neither replied, and for some -time we all sat in silence, enjoying the delicious coolness of eventide; -each was busied in private castle-building, or “watching out the light -of sunset, and the opening of that beadroll which some oriental poet -describes as God’s call to the little stars, who each answer, ‘Here am -I!<span class="pagenum"><a name="page_152" id="page_152">{152}</a></span>’<span class="lftspc">”</span></p> - -<h2><a name="CHAPTER_IX" id="CHAPTER_IX"></a><span class="smcap">Chapter IX.</span><br /><br /> -<small>DUTIES OF A BOARDING-HOUSE KEEPER.</small></h2> - -<p>Suns had risen and set; moons had waxed and waned, and Mrs. Lawyer and -myself were now settled in a boarding-house. I will not say comfortably, -for, although never in my youth did I own a little hatchet, still I have -read in my younger days the fifth chapter of the Acts of the Apostles.</p> - -<p>My powers of description are exceedingly limited, so I will not attempt -to sketch, for the benefit of my readers, either the house itself, its -furnishings, its occupants, or the entertainment provided as a <i>quid -pro</i> their dollars. Of the furniture, I will only say that the carpet on -the parlor floor “was bedizened like a Ricaree Indian—all red chalk, -yellow ochre, and cock’s feathers.” Of our fellow boarders, ’tis -sufficient to remark that some, on one or two occasions, had, perhaps, -worn kid gloves; most of the men were “self-made, whittled into shape -with their own jack-knives”; the ladies—but <i>de feminis nil nisi -bonum</i>.</p> - -<p>Of the food provided for the inner man, need more be said than that the -poultry, which appeared on the second day of our sojourn, would have -seemed to Mr. Bagnet’s fastidious eye, suitable for Mrs. B.’s birthday -dinner? If there be any truth in adages, they certainly were not caught -by chaff. Every kind of finer tendon and ligament that it is in the<span class="pagenum"><a name="page_153" id="page_153">{153}</a></span> -nature of poultry to possess, was developed in these specimens in the -singular form of guitar strings. Their limbs appeared to have struck -roots into their breasts and bodies, as aged trees strike roots into the -earth. Their legs were so hard as to encourage the idea that they must -have devoted the greater part of their long and arduous lives to -pedestrian exercises and the walking of matches. No one could have -cleaned the drumsticks without being of ostrich descent.</p> - -<p><i>Ab uno disce omnes. Ex pede Herculem.</i> From these three hints let each -one, for himself, erect images of our boarding-house, our -fellow-boarders, and our meals, as a Cuvier would reconstruct a -megatherium from a tooth, or an Agassiz draw a picture of an unknown -fish from a single scale. But I must not dip my pen in vinegar, nor tip -it with wormwood, when I write of boarding-houses and their industrious -and unfortunate keepers. These providers of food and lodging seem to be -the descendants of Ishmael, their hand being against every one to eke -out their little profits, and every one’s hand being against them. Let -me be an honorable exception to the general rule, and act like the Good -Samaritan, although, by the way, that worthy patronized a cheap hotel, -not a boarding-house.</p> - -<p class="asstt">* * * * * *</p> - -<p>It has ever been a hobby of mine that a door—hall or otherwise—is -intended to be shut (if not, a hole in the wall would answer every -purpose and be cheaper). Well, one great source of trouble<span class="pagenum"><a name="page_154" id="page_154">{154}</a></span> with me at -Madame Dee’s private boarding-house was that the domestic-of-all-work -was in the constant habit of leaving the hall door ajar whenever she -made her exit on to the street in her hunt for butter, eggs, or milk. A -fellow-boarder, seeing my anxiety on this point, asked me if I was -afraid of some one stealing Mrs. Lawyer.</p> - -<p>“No,” I replied, “I am more afraid of my overcoat. Although not very -new, it is still serviceable.”</p> - -<p>“Well, sir,” said a youthful reader of Blackstone and Story, “if any one -feloniously and wickedly takes away your bad habit could you not deduct -the value of it on your next week’s settlement with Mrs. Dee? An -innkeeper would be liable in such a case.”</p> - -<p>“My dear young friend,” I replied, “you have as yet acquired only the A -B C of professional knowledge. The liability of a boarding-house keeper -for the goods of a boarder is by no means the same as that of an -innkeeper.”</p> - -<p>Here I paused, but the first speaker asked me to proceed and explain the -difference, so I spake somewhat as follows:</p> - -<p>“Once upon a time Catherine Dansey went to the boarding-house of -Elizabeth F. Richardson with her luggage, and was duly received within -the mansion. One day some of Mrs. Dansey’s goods, chattels, or -knick-knacks were stolen, and when the matter was investigated it -appeared that the thief had entered through the front door—which had -been left open by the servant—and that<span class="pagenum"><a name="page_155" id="page_155">{155}</a></span> Mrs. Richardson knew that her -Biddy was in the constant habit of neglecting to shut the door. Mrs. R. -would not settle the affair amicably, so Mrs. D. had the law of -her.<a name="FNanchor_390_390" id="FNanchor_390_390"></a><a href="#Footnote_390_390" class="fnanchor">[390]</a> At the trial the judge told the jury that a boarding-house -keeper was bound to take due and reasonable care about the safe-keeping -of a guest’s goods; and then, it having struck his lordship that perhaps -his twelve enlightened countrymen, who sat before him in the box, did -not know too well what due care might be, he proceeded to explain to -them that it was such care as a prudent housekeeper would take in the -management of his own house for the protection of his own goods. The -judge went on to say that Mrs. Richardson’s servant leaving the door -open might be a want of such care, but the mistress was not answerable -for such negligence, unless she herself had been guilty of some neglect -(as in keeping such a servant with a knowledge of her habits). The jury, -as in duty bound, took the law from his lordship and said that Dame R. -was not liable.”</p> - -<p>“Then Mrs. Dansey had to perform to the tune of a nice little bill of -costs, and grin and bear it,” remarked the embryo Coke.</p> - -<p>“She was rather stubborn about it, and applied for a new trial.”</p> - -<p>“Did she get it?” asked Coke <i>in futuro</i>.</p> - -<p>“No. The whole four judges gave it as their opinion that a -boarding-house keeper is not bound to keep a guest’s baggage safely to -the same extent as an innkeeper, but that the law implies an -under<span class="pagenum"><a name="page_156" id="page_156">{156}</a></span>taking on his part to take due and proper care of the boarder’s -belongings, although nothing was said about it; and that neglecting to -take due care of an outer door might be a breach of such duty.”</p> - -<p>“But did they say what due and proper care amounted to?” was queried.</p> - -<p>“Yes; but, as doctors often do, they disagreed on the point. Judge -Wightman could not see that a boarding-house keeper is a bailee of the -goods of his guest at all, or that he is bound to take more care of them -(when they are no further given into his care than by being in his -house) than he as a prudent man would take of his own. If he were guilty -of negligence in the selection of his servants, or in keeping such as he -might well distrust, his lordship said that he could hardly be -considered as taking the care of a prudent owner, and so might be liable -for a loss occasioned by a servant’s neglect. Erle, J., said that as -there was no delivery of the goods by Mrs. D. to Mrs. R., no contract to -keep them with care and deliver them again, and nothing paid in respect -of the goods, there was no duty of keeping them placed upon Richardson. -Judge Coleridge and Lord Campbell looked at the case through spectacles -of another color—the former said that a guest at such a house is -entitled to due and reasonable care absolutely; he comes to the house -and pays his money for certain things to be rendered in return; he -stipulates directly with the master, having no control himself over the -servants, and having nothing to do with the master’s judiciousness or -care or good fortune in selecting<span class="pagenum"><a name="page_157" id="page_157">{157}</a></span> them; and the master undertakes to -the guest not merely to be careful in the choice of his servants, but -absolutely to take due and reasonable care of his goods. Lord Campbell -said that he could not go so far as to say that in no case can a -boarding-house keeper be liable for the loss of goods through the -negligence of a servant, although he himself was guiltless of any -negligence in hiring or keeping the domestic. If one employs servants to -keep the outer door shut when there is danger of thieves, while they are -performing that duty they are acting within the scope of their -employment, and he is answerable for their negligence. He is not -answerable for the consequences of a felony, or even a willful trespass -committed by them; but the general rule is, that the master is -responsible for the negligence of his servants while engaged in offices -which he employs them to do—and his lordship (for I have been quoting -his sentiments) said that he was not aware how the keeper of a -boarding-house could be an exception to the general rule.”</p> - -<p>I stopped here, and was rather chagrined to catch one of those present -saying to another—</p> - -<p>“Do you remember what old Coates said about his wife?”</p> - -<p>“No—what?”</p> - -<p>“<span class="lftspc">‘</span>M-Mrs. C-Coates is a f-funny old watch. She b-broke her chain a g-good -while ago, and has been r-running down ever since; she must have a -mainspring a mile long.’ This is apropos of our friend here when he gets -started on a legal point.<span class="pagenum"><a name="page_158" id="page_158">{158}</a></span>”</p> - -<p>“And he is always starting some such shoppy subject; like Adelaide -Proctor’s young man—</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">‘He cracks no egg without a legal sigh,<br /></span> -<span class="i1">Nor eats of beef but thinking on the law,’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p class="nind">was the response wafted into the recesses of my auricular appendages—so -chilling it was that I incontinently sneezed thrice.</p> - -<p>“There seems,” said the student, “to have been a decided diversity of -opinion among the learned judges in that case.”</p> - -<p>“Yes, indeed,” I replied. “But the point has been made clear in a more -recent case, in which all the judges took the same view of the extent of -the liability.”<a name="FNanchor_391_391" id="FNanchor_391_391"></a><a href="#Footnote_391_391" class="fnanchor">[391]</a></p> - -<p>“What was that decision, sir?”</p> - -<p>“That the law imposes no obligation on a lodging-house keeper to take -care of the goods of his boarder. A lodger who was just about to change -his quarters, was out of his room, and the landlord allowed a stranger -to enter to look at it; the latter carried off some of the boarder’s -property, and when the owner sued the landlord the court gave him to -understand that he must himself bear the loss. Earle, C. J., said that -the judges had decided that even if the things had been stolen by a -member of the household the proprietor would not be liable. He went on -to remark that he was most particularly averse to affirming, for the -first time, that a lodging-house keeper has the duty cast upon him of -taking care of his guest’s goods; he saw great difficulties<span class="pagenum"><a name="page_159" id="page_159">{159}</a></span> in so -holding, and thought it would be casting upon him an undefined -responsibility which would be most inconvenient; considering that -lodgers consist of all classes—from the highest to the lowest—one -could hardly exaggerate the mischief that would ensue from holding the -proprietor liable. It would be impossible, his lordship continued, to -lay down any definite test of liability; each case must be left to the -discretion or caprice of a jury; the liability of the keeper of the -house must vary according to the situation of the premises and a variety -of circumstances too numerous to mention. If, on the other hand, the law -is that the lodger must take care of his own goods, it only imposes upon -him the same care which he is bound to take when he walks the streets; -he may always secure his valuables by carrying them about with him, or -by placing them specially in the custody of the keeper of the house.”</p> - -<p>“But it appears rather hard to compel a man to carry his goods about -with him wherever he goes, or else hand them over to the boarding-house -keeper who might be down in the kitchen cooking dinner or washing cups -and saucers; besides, she or he might refuse to take care of them,” -captiously remarked one of the company.</p> - -<p>“Notwithstanding all that, I have told you the law correctly, and Byles, -J., remarked once that a contrary decision would cast upon the -proprietor ‘a frightful amount of liability,’<span class="lftspc">”</span> I replied.</p> - -<p>“Did the judges in the case you just referred to say anything about the -open door case?” questioned the earnest inquirer after knowledge.<span class="pagenum"><a name="page_160" id="page_160">{160}</a></span></p> - -<p>“Yes, and held that the whole tenor of the judgment in it was that a -boarding-house keeper is not bound to take such reasonable degree of -care of the goods of his guest as a prudent man may reasonably be -expected to take of his own.”</p> - -<p>“It seems strange,” urged the youth—by the way, a careless, heedless -young fellow was he—“that such people should in no way be liable to -look after the property of their boarders.”</p> - -<p>“I did not say exactly that. They are of course liable where a loss of a -lodger’s goods has resulted from gross negligence on their part, or they -themselves have been guilty of some misdeed.”<a name="FNanchor_392_392" id="FNanchor_392_392"></a><a href="#Footnote_392_392" class="fnanchor">[392]</a></p> - -<p>“Those two cases, I think,” said one who had been a silent listener -hitherto, “were both decided in England; but what say our American -judges on the point?”</p> - -<p>“So far as they have spoken,” I replied, “they have, as a rule, -corroborated and agreed with the sentiments of their ermined and -bewigged fellows across the ocean. The Supreme Court of Tennessee -decided that an innkeeper was not liable for the clothing of a boarder -stolen from his room, without the former’s fault, although he would be -for that of a guest;<a name="FNanchor_393_393" id="FNanchor_393_393"></a><a href="#Footnote_393_393" class="fnanchor">[393]</a> and the judge gave as his reason for making -the distinction that a passenger or wayfaring man may be an entire -stranger in the place, and must put up and lodge at the inn to which his -day’s journey may bring him, and so it is important that he should be -protected by the most stringent<span class="pagenum"><a name="page_161" id="page_161">{161}</a></span> rules of law enforcing the liability of -hotel-keepers; but as a boarder does not need such protection the law -does not afford it, and it is sufficient to give him a remedy when he -proves the innkeeper guilty of culpable neglect. And in Kentucky, where -a regular boarder at an hotel deposited gold with the proprietor, who -put it in his safe, into which thieves broke and stole, the court held -that the hotel-keeper was not liable as an innkeeper, but only as a -depositary without reward, and as no gross negligence was shown the poor -boarder failed in his attempt to recover his lost cash in that way.<a name="FNanchor_394_394" id="FNanchor_394_394"></a><a href="#Footnote_394_394" class="fnanchor">[394]</a> -I had better tell you, however, that in New York it has very recently -been held that a boarding-house keeper is liable for the loss of a -boarder’s property by theft, committed by a stranger allowed to enter -the boarder’s room by a servant of the house,<a name="FNanchor_395_395" id="FNanchor_395_395"></a><a href="#Footnote_395_395" class="fnanchor">[395]</a> and that it is his -duty to exercise such care over a boarder’s goods as a prudent man would -over his own.”</p> - -<p>“Well, will you please tell me what is the difference between a -boarding-house and an inn?” asked one of the other boarders.</p> - -<p>“It would afford me great pleasure to answer your question at another -time, but at the present I am sorry to say that duty calls me and I must -go.”</p> - -<p>Leaving my listeners to digest the law lecture I had delivered to them, -I repaired to the best parlor, and there found Mrs. Lawyer and another -lady in a state of white heat over the performances of a<span class="pagenum"><a name="page_162" id="page_162">{162}</a></span> boarder who -occupied the next room—one of the genus referred to by Coleridge when -he said,</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“Swans sing before they die; ’twere no bad thing<br /></span> -<span class="i1">Should certain persons die before they sing”—<br /></span> -</div></div> -</div> - -<p class="nind">who was constantly carolling or trilling with a voice of the most -rasping kind, or playing upon a most atrocious accordeon, to the -discomfiture and annoyance of the other guests.</p> - -<p>“Can that man not be made to keep quiet?” asked my wife.</p> - -<p>“Doubtless, my dear, if you would go and talk to him sweetly, he would -cease his songs and lay aside his wind instrument,” I gallantly replied.</p> - -<p>“Don’t tease me,” she said. “Here we both have got splitting headaches -through that horrid noise.”</p> - -<p>“I thought from your manner you seemed a little cracked, my love; what -can I do?” I queried.</p> - -<p>“You ought to know—you are a lawyer; can’t you make him stop?”</p> - -<p>“Well, really I don’t know. I remember that in England a man had the -constant ringing of a chime of bells in a neighboring chapel stopped on -account of the annoyance and discomfort it caused him.”<a name="FNanchor_396_396" id="FNanchor_396_396"></a><a href="#Footnote_396_396" class="fnanchor">[396]</a></p> - -<p>“I am sure that the noise of bells is as heavenly music compared to the -infernal discords produced by that man,” remarked the other lady, who, -like Talmage’s friend, Miss Stinger, was sharp as a hornet, prided -herself on saying things that cut, could not bear the sight of a pair of -pants, loathed a shaving apparatus, and thought Eve would have<span class="pagenum"><a name="page_163" id="page_163">{163}</a></span> shown a -better capacity for housekeeping if she had—the first time she used her -broom—swept Adam out of Paradise.</p> - -<p>“Yes, dear madam, the noise of belles is often most delightful; and the -happiest day of my life was the one on which I was engaged in ringing a -sweet village belle, who shall be nameless,” I replied, knowing that the -lady hated everything like gallantry, and I politely waved my hand -towards Mrs. L., who exclaimed:</p> - -<p>“You stupid, you! Tell me directly what we can do!”</p> - -<p>“In the English case I mentioned, the man got an injunction from the -Court of Chancery to restrain the noise; but in another case in North -Carolina,<a name="FNanchor_397_397" id="FNanchor_397_397"></a><a href="#Footnote_397_397" class="fnanchor">[397]</a> where a most pious member of a Methodist church was -indicted for disturbing divine service by singing in such a way that one -part of the congregation laughed, and the other part got mad—the -irreligious and frivolous enjoyed it as fun, while the serious and -devout were indignant—although the jury found the man guilty, the court -reversed the verdict, as the brother did not desire to disturb the -worship but was religiously doing his best. So here our poor neighbor is -doing what he can to produce a ‘concord of sweet sounds.’ On another -occasion, the judges in the same State held that the noise of a drum or -fife in a procession was not a nuisance.<a name="FNanchor_398_398" id="FNanchor_398_398"></a><a href="#Footnote_398_398" class="fnanchor">[398]</a> But then the wearers of -the ermine in that State seem almost indifferent to sounds<span class="pagenum"><a name="page_164" id="page_164">{164}</a></span> of any kind; -for about the same time, they decided that profane swearing was not a -nuisance, unless it was loud and long continued.”<a name="FNanchor_399_399" id="FNanchor_399_399"></a><a href="#Footnote_399_399" class="fnanchor">[399]</a></p> - -<p>“What had we better do?” persisted Mrs. Lawyer. “Either he must leave, -or we must bid goodbye to these premises.”</p> - -<p>“Get the landlady to give him notice to quit; then if he won’t go -peaceably, she can bundle him out neck and crop.”<a name="FNanchor_400_400" id="FNanchor_400_400"></a><a href="#Footnote_400_400" class="fnanchor">[400]</a></p> - -<p>“She will promise to do so, and that will be the end of it,” said the -acidulous lady.</p> - -<p>“In Massachusetts, where a lodger was disturbed by the lodger in the -room below singing hymns by no means of the Moody & Sankey style, and -the landlord promised to get the musician out, but failed to do so, the -Supreme Court held that the aggrieved boarder could not insist upon a -diminution of his weekly bills on account of the disagreeable -singing.<a name="FNanchor_401_401" id="FNanchor_401_401"></a><a href="#Footnote_401_401" class="fnanchor">[401]</a> But, my dear, will you come and take a walk with me?”</p> - -<p>Off we started countrywards, and —— walked. When we were returning, it -was dark and late. “The night air was soft and balmy; the night odors -sweet and soul-entrancing; there were no listeners save the grasshoppers -and the night-moths with folded wings among the flower-beds of the -cottages, and no on-lookers save the silent stars and jeweled-eyed frogs -upon the path staring at us” with all their might and main. So we -gossiped until we<span class="pagenum"><a name="page_165" id="page_165">{165}</a></span> entered the city once again, and then the odors -changed; listeners and lookers-on became numerous; the stars were -eclipsed by flaming gas; the frogs gave place to gaping gamins.</p> - -<p class="asstt">* * * * * *</p> - -<p>As it has to be mentioned, and there is no reason why it should not be -mentioned just here, I may state (as a hint to those who keep boarders) -that Judge Coleridge once remarked that if a boarding-house keeper -neglected to give a boarder a dry bed or wholesome food, and in -consequence thereof the latter became sick, it could not be doubted but -that the landlord might be compelled to make compensation in damages to -the sufferer. His lordship also went on to say, in effect, that if the -White Hart Inn, High-street, Borough, had been a boarding-house, and Sam -Weller had given the wooden leg of number six to thirteen, and the pair -of Hessians of thirteen to number six; or the two pairs of halves of the -commercial to the snuggery inside the bar, and the painted tops of the -snuggery to the commercial, so that any of those worthies had been -damnified, then the bustling old landlady of that establishment would -have had to comfort her guests in a more substantial manner than she did -when she titillated the nose of the spinster aunt.<a name="FNanchor_402_402" id="FNanchor_402_402"></a><a href="#Footnote_402_402" class="fnanchor">[402]</a><span class="pagenum"><a name="page_166" id="page_166">{166}</a></span></p> - -<h2><a name="CHAPTER_X" id="CHAPTER_X"></a><span class="smcap">Chapter X.</span><br /><br /> -<small>MORE ABOUT BOARDING-HOUSE KEEPERS.</small></h2> - -<p>Again it was night. All the boarders were assembled around the -tea-table; not exactly, however, as Dr. Talmage would wish, for he said -that you should be seated wide enough apart to have room to take out -your handkerchief if you want to cry at any pitiful story, or to spread -yourself in laughter if someone propound an irresistible conundrum.</p> - -<p>The tea was none of that good old stuff that once brought $50 a pound, -but some of the adulterated mixture, thirty million pounds of which -Uncle Sam, Aunt Columbia and their little ones, pour annually into their -saucers and empty into their mouths.</p> - -<p>“Now, then, Mr. Lawyer,” said my friend Mr. Jim Crax, as the bread and -butter, tea and toast were fast disappearing off the table on to the -chairs, “kindly redeem your promise, and tell us the difference between -a boarding-house keeper and an hotel-keeper; that is, the difference in -law—we all know the practical differences only too well.”</p> - -<p>After a preliminary hem and haw, I began as follows: “It might be as -well to say, in the first place, that a boarding-house is not in common -parlance, or in legal meaning, every private house where one or more -boarders are occasionally kept upon special considerations; but is a -<i>quasi</i>-public<span class="pagenum"><a name="page_167" id="page_167">{167}</a></span> house, where boarders are generally and habitually -received as a matter of business, and which is held out to the public -and known as a place of entertainment of that kind.<a name="FNanchor_403_403" id="FNanchor_403_403"></a><a href="#Footnote_403_403" class="fnanchor">[403]</a> The chief -distinction between a boarding-house and an inn, and the one from which -all others naturally flow, is that the keeper of a boarding-house can -choose his own guests, admitting some and rejecting others, as to him in -his discretion or according to his whims and humors may seem best; while -an innkeeper is obliged to entertain all travelers of good conduct, and -possessed of means of payment, who choose to stop at his house, and -those who do stay he must provide with all they have occasion for while -on their way.”<a name="FNanchor_404_404" id="FNanchor_404_404"></a><a href="#Footnote_404_404" class="fnanchor">[404]</a></p> - -<p>“That seems rather hard on the innkeeper.”</p> - -<p>“No: he is compensated by having greater privileges than his humbler -brother; and such a rule is necessary for the welfare and convenience of -the traveling public, who cannot be expected, in the hurry of -journeyings, to stop and hunt through a town for a night’s lodging, -making a special bargain with the keeper of the house. A lodging-house -keeper makes a special contract with every man that comes to him, -whereas an innkeeper is bound, without any particular agreement, to -provide lodging and entertainment for all who come to him, at a -reasonable price.<a name="FNanchor_405_405" id="FNanchor_405_405"></a><a href="#Footnote_405_405" class="fnanchor">[405]</a> In the one case the guest is entertained on an -implied contract from day to day;<span class="pagenum"><a name="page_168" id="page_168">{168}</a></span> in the other, there is an express -contract for a certain time at a certain rate.”<a name="FNanchor_406_406" id="FNanchor_406_406"></a><a href="#Footnote_406_406" class="fnanchor">[406]</a></p> - -<p>“But surely,” said Jim Crax, “oftentimes a definite agreement to board -is made with an hotel-keeper.”</p> - -<p>“Of course, I know that,” I replied. “But, then, if he does so on the -arrival of his guest he loses the rights and privileges as well as the -liabilities of his order; although an arrangement as to the price only, -after one has become a guest, will not have that effect.<a name="FNanchor_407_407" id="FNanchor_407_407"></a><a href="#Footnote_407_407" class="fnanchor">[407]</a> And it has -been held that a public hotel at a watering place possessing medicinal -springs, and opened only during the summer and fall for the -accommodation of visitors in search of health and pleasure, is, in fact, -only a boarding-house, the visitors not being guests for a day, night, -or week, but lodgers or boarders for a season.”<a name="FNanchor_408_408" id="FNanchor_408_408"></a><a href="#Footnote_408_408" class="fnanchor">[408]</a></p> - -<p>“What,” said the landlady’s daughter, who was angling for the young law -student and so tried to season her generally frivolous conversation with -an occasional semi-sensible remark or question, “What are the privileges -of an innkeeper which a boarding-house keeper does not enjoy? The right -to charge $5 per day?”</p> - -<p>“Their right of lien. You, of course, know what that is?” I replied.</p> - -<p>“Oh, certainly,” she answered, though she no more knew what it meant -than I do the hieroglyphics on Cleopatra’s Needle.<span class="pagenum"><a name="page_169" id="page_169">{169}</a></span></p> - -<p>“I don’t,” said a lady with greater honesty. “But pray, don’t attempt to -define it. I never try to find out the meaning of a word since I once -looked in Johnson’s dictionary and found that network was ‘anything -reticulated or decussated with interstices between the intersections.’<span class="lftspc">”</span></p> - -<p>“I thought that the proprietor of a boarding-house also had the right of -detaining the goods of their lodgers for their charges,” remarked the -seediest of the company who looked as if he had had practical experience -in such matters.</p> - -<p>“Not generally; although in some States the legislatures have conferred -the right upon them to the same extent as an innkeeper has at common -law. This they have, for instance, in New York, New Hampshire, and -Wisconsin;<a name="FNanchor_409_409" id="FNanchor_409_409"></a><a href="#Footnote_409_409" class="fnanchor">[409]</a> and in Connecticut they have not only the right to -retain the property until the debt is paid, but in case of non-payment -they can sell it to recoup themselves after a certain time.”<a name="FNanchor_410_410" id="FNanchor_410_410"></a><a href="#Footnote_410_410" class="fnanchor">[410]</a></p> - -<p>“Suppose,” said the student, “as is the case here, one who keeps -boarders occasionally entertains travelers for a night or so—would she -be considered an hotel-keeper in respect to those stray sheep?”</p> - -<p>“No,” I replied.</p> - -<p>“How would it be if a man agreed to go to a boarding-house and then -backed out and went elsewhere?” asked my <i>vis-a-vis</i> at the table.<span class="pagenum"><a name="page_170" id="page_170">{170}</a></span></p> - -<p>“Well, where a man of the name of Stewart agreed by word of mouth with -one who took boarders to pay £100 a year for the board and lodging of -himself and servant and the keep of his horse, and then failed to take -up his quarters at the house, the court considered that the bargain was -not a contract concerning land within the Statute of Frauds and so did -not require to be in writing, and that Stewart was liable to pay for the -breach of his agreement.”<a name="FNanchor_411_411" id="FNanchor_411_411"></a><a href="#Footnote_411_411" class="fnanchor">[411]</a></p> - -<p>“What is that in front of you, sir?” was queried of me.</p> - -<p>“Pork chops, apparently,” I replied. “Will you take one?”</p> - -<p>“No, thanks; I am a Jew as far as pork is concerned. In fact, although -not so bad as Marshal d’Albert, who was always taken ill whenever he saw -a roast sucking-pig, I am like the celebrated Guianerius—pork always -gives me a violent palpitation of the heart.”</p> - -<p>“<span class="lftspc">’</span>Tis curious what antipathies some people have to particular kinds of -food. I have read of a man who was always seized with a fit when he -tried to swallow a piece of meat,” said a Mr. Knowall.</p> - -<p>“Nature evidently intended him for a vegetarian.”</p> - -<p>“I have heard of another who was made ill if he ever ate any mutton,” -continued the gentleman; “and of a man who always had an attack of the -gout a few hours after eating fish. In fact, the celebrated Erasmus -could not smell fish without being thrown<span class="pagenum"><a name="page_171" id="page_171">{171}</a></span> into a fever; Count -d’Armstadt never failed to go off in a faint if he knowingly or -unknowingly partook of any dish containing the slightest modicum of -olive oil; the learned Scaliger would shudder in every limb on beholding -water-cresses; and Vladisiaus, of Poland, would fly at the sight of -apples.”</p> - -<p>“I read once of a lady who, if she ventured to taste lobster salad at a -dancing party, would, before she could return to the ball-room, be -covered with ugly blotches and her peace of mind destroyed for that -evening,” I remarked.</p> - -<p>“The whole question of food is an interesting one,” said Mr. Knowall.</p> - -<p>“Do you mean with regard to the sumptuary laws of other days?” queried -the law student.</p> - -<p>“Yes. You remember that in the days of the Plantagenets the Houses of -Parliament solemnly resolved that no man, of what state or condition -soever he might be, should have at dinner or supper, or any other time, -more than two courses, and each of two sorts of victual at the utmost, -be it of flesh or fish, with the common sorts of potage, without sauce -or any sort of victuals. And the eating of flesh of any kind during Lent -and on Fridays and Saturdays, was punished by a fine of ten shillings, -or imprisonment for ten days;<a name="FNanchor_412_412" id="FNanchor_412_412"></a><a href="#Footnote_412_412" class="fnanchor">[412]</a> and in the days of Queen Bess the -fine was increased to £3 and the term of imprisonment to three months; -but if any one had three dishes of sea-fish on his table he might have -one of flesh also.”<a name="FNanchor_413_413" id="FNanchor_413_413"></a><a href="#Footnote_413_413" class="fnanchor">[413]</a><span class="pagenum"><a name="page_172" id="page_172">{172}</a></span></p> - -<p>“Did Elizabeth do this from any religious motive?” asked a young divine.</p> - -<p>“Oh, dear, no. The statute expressly says that the eating of fish is not -necessary for the saving of the soul of man. In the days of bluff old -King Hal, Archbishop Cranmer commanded that no clergyman should have -more than three blackbirds in a pie unless he was a bishop and then he -might have four, but he allowed himself and his brother of York to have -six.”</p> - -<p>“When then, pray, did the fashion of having ‘four-and-twenty blackbirds -baked in a pie’ come into vogue?” asked my wife, who had a good memory -for infantile rhymes.<span class="pagenum"><a name="page_173" id="page_173">{173}</a></span></p> - -<h2><a name="CHAPTER_XI" id="CHAPTER_XI"></a><span class="smcap">Chapter XI.</span><br /><br /> -<small>CHARMS OF FURNISHED APARTMENTS.</small></h2> - -<p>“<i>De gustibus non est disputandum</i>,” was originally observed by a man of -sense, however many blockheads may since have repeated it; and as my -tastes in the matter of comestibles did not harmonize with those of the -several respectable boarding-house keepers beneath whose roofs we -successively took shelter, it was settled in a committee of the whole -family that Mrs. Lawyer and myself should take furnished apartments in a -genteel street, or a furnished house—that Mrs. L. should be appointed -Commissary-General, with one Bridget or Biddy O’Callaghan as -Deputy-Acting-Assistant Commissary-General under her, while I should -continue to hold the responsible post of Paymaster-General to the entire -force.</p> - -<p>In due time, after a considerable reduction in our stock of the virtue -of patience and of the thickness of the soles of our boots, a suitable -suite of rooms, furnished in a style agreeable to our taste, in a -locality not objectionable and at a rate proportionate to the depth or -rather shallowness of my pocket, was discovered and all necessary -arrangements made with the landlord.</p> - -<p>To avoid all possibility of future disputations with the owner, (and -especially as a contract to let lodgings is a contract concerning an -interest in land<span class="pagenum"><a name="page_174" id="page_174">{174}</a></span> within the meaning of that celebrated troublesome -statute passed in the twenty-ninth year of his rascally majesty, Charles -II, and entitled “an act for the prevention of frauds and perjuries,” -and so must be in writing,<a name="FNanchor_414_414" id="FNanchor_414_414"></a><a href="#Footnote_414_414" class="fnanchor">[414]</a>) determined to follow the good advice of -Mr. Woodfall, and have our agreement reduced to black and white. My -instructions to my clerk in preparing the document were, to specify the -amount of rent, the time of entry, the length of notice to quit required -and such other particulars as the nature of the case rendered requisite, -and to have a list of the goods and chattels in the apartments affixed.</p> - -<p>Alas, I found the truth of the old adage, that a lawyer who acts for -himself has a —— well, not a Solomon—for his client. An unexpected -event, however, saved me. The very evening before we were to enter into -our new abode a bailiff, on behalf of the real owner, for my -acquaintance had but a lease of the place, visited the house and seized -a part of the furniture for rent overdue; luckily none of my personal -belongings had been taken in—if there had been any of them they, too, -would have been liable to distress for the rent. I had stupidly -neglected to inquire whether the taxes or the rent of the house were -paid up, and whether they were likely to be kept so.<a name="FNanchor_415_415" id="FNanchor_415_415"></a><a href="#Footnote_415_415" class="fnanchor">[415]</a> Of course I -knew that if I had at that particular period of my existence chanced to -have been living in New England,<span class="pagenum"><a name="page_175" id="page_175">{175}</a></span> or in New York State, or in some of -the other States of the Union, I could not have been troubled if in that -house, as the power of distress exists in those places no longer;<a name="FNanchor_416_416" id="FNanchor_416_416"></a><a href="#Footnote_416_416" class="fnanchor">[416]</a> -but we were in a State in which it is still retained, or at least was -then.</p> - -<p>When I told my wife of the narrow escape we had had she asked me if I -had ever made inquiries as to whether the landlords of the hotels at -which we stayed were in arrear for rent.</p> - -<p>“No,” I replied; “the rule is different in respect to hotels.”</p> - -<p>“Why?”</p> - -<p>“For the benefit of trade; otherwise business could not be carried on at -all.”</p> - -<p>“But what would we have had there except my cat and bird, our clothes, -and your books?” urged Mrs. L.</p> - -<p>“Nothing more would have been wanted.”</p> - -<p>“Could they have taken our clothes? I thought all such things were -exempt.”</p> - -<p>“Generally speaking, they are from seizure for debt; but not from -distress for rent, unless they are in actual use at the time. In 1796 -Mr. Baynes, who had furnished lodgings at half a guinea a week, was two -months in arrear, and a bailiff appeared upon the scene and took his -wearing apparel and that of Mrs. B., although part of it was actually in -the wash-tub at the time; and Lord Kenyon said it was all right.<a name="FNanchor_417_417" id="FNanchor_417_417"></a><a href="#Footnote_417_417" class="fnanchor">[417]</a> -The same judge decided in another case that a landlord could legally -take the clothes<span class="pagenum"><a name="page_176" id="page_176">{176}</a></span> belonging to a man’s wife and children, while -they—the ‘clothes screens,’ as Carlyle calls them—not the -clothes—were in bed, although the bipeds intended to put them on in the -morning, and had been daily in the habit of wearing them, on the ground -that they were not in actual use.<a name="FNanchor_418_418" id="FNanchor_418_418"></a><a href="#Footnote_418_418" class="fnanchor">[418]</a> But Kenyon, my dear, sometimes -said absurd things. For instance, once, when indignant at the delay of -an attorney, he exclaimed, wrathfully, ‘This is the last hair in the -tail of procrastination.’<span class="lftspc">”</span></p> - -<p>“The law seems very hard. Why, that poor woman would have to stay in -bed. But talking of tails, could they have taken my cat—my beautiful -pussy?” said Mrs. Lawyer, looking over where</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">The cat’s dark silhouette on the wall,<br /></span> -<span class="i0">A couchant tiger’s seemed to fall.<br /></span> -</div></div> -</div> - -<p>“Well—ah—in Coke upon Littleton it is said, no; but the reason given -is that cats are things in which no man can have an absolute and -valuable property; and that reason might not be applicable to the case -of a costly Angora like yours, and you know, <i>cessante ratione cessat et -ipsa lex</i>; but your bird might have been taken.”<a name="FNanchor_419_419" id="FNanchor_419_419"></a><a href="#Footnote_419_419" class="fnanchor">[419]</a></p> - -<p>“It seems strange that the landlord can take the property of other -people to pay his tenant’s debts.”</p> - -<p>“It does; and in many parts of this country only the goods of the debtor -can be taken,<a name="FNanchor_420_420" id="FNanchor_420_420"></a><a href="#Footnote_420_420" class="fnanchor">[420]</a> and the judges are generally inclined to deliver the -lodger<span class="pagenum"><a name="page_177" id="page_177">{177}</a></span> from the claws of the landlord; and so it has been held that -while the goods of an assignee of the tenant are liable, those of a mere -under-tenant are not;<a name="FNanchor_421_421" id="FNanchor_421_421"></a><a href="#Footnote_421_421" class="fnanchor">[421]</a> and in England, of late years, an act has -been passed for the protection of the lodger’s goods from the claims of -the landlord for rent due him by his immediate tenant.”<a name="FNanchor_422_422" id="FNanchor_422_422"></a><a href="#Footnote_422_422" class="fnanchor">[422]</a></p> - -<p>“But if our things had been taken to pay the rent, could we not have -made the other boarders contribute their share?”</p> - -<p>“No, I am afraid not,”<a name="FNanchor_423_423" id="FNanchor_423_423"></a><a href="#Footnote_423_423" class="fnanchor">[423]</a> I answered.</p> - -<p class="asstt">* * * * * *</p> - -<p>Our intended rooms being now somewhat denuded of their necessary -furnishings we arranged with our landlord-about-to-be to send in all -necessary articles within a reasonable time. Unfortunately, however, -this new arrangement was not embodied in our written agreement; so I -found out—when too late—that our landlord (a man of the eel kind) was -not bound to put in the furniture. If it had been in writing, it would -then have formed an inseparable part of the contract, and the man could -not have obtained his rent until he had done his duty.<a name="FNanchor_424_424" id="FNanchor_424_424"></a><a href="#Footnote_424_424" class="fnanchor">[424]</a></p> - -<p>We had scarcely got settled in our new quarters before we discovered -that our rose possessed a thorn or two. The morning after our arrival, -we<span class="pagenum"><a name="page_178" id="page_178">{178}</a></span> were honored with the visit of a choleric gent, who informed us that -he occupied the rooms on the flat below and that our water pipes had -leaked through and damaged irreparably some of his property. I am -thankful, however, to say that I was able to point out to him that the -defects in the pipe could not have been detected without examination; -that as we did not know of them, and had not been guilty of any -negligence, we were not liable for the damage which he had unfortunately -sustained, there being no obligation upon us to keep—at our peril—the -water in the pipe.<a name="FNanchor_425_425" id="FNanchor_425_425"></a><a href="#Footnote_425_425" class="fnanchor">[425]</a></p> - -<p>We next had trouble about a stovepipe which had to pass through another -person’s room. When we began to put it up our neighbor threatened to -take it down and stop up the hole; but knowing that as there had been a -pipe through his room before the surly fellow moved in he only had the -room subject to the easement of the stovepipe and hole,<a name="FNanchor_426_426" id="FNanchor_426_426"></a><a href="#Footnote_426_426" class="fnanchor">[426]</a> I remained -firm and steadfast, and finally won a way for the obnoxious, black, -cylindrical smoke-conductor, and we hoped to hear the kettle sing -merrily, and the pots bubble, and spirt, and boil in peace, if not in -quietude.</p> - -<p>But our triumph was not for long. Barely was the stove in full blast -when the boiler attached exploded with a terrific uproar. Considerable -damage was done; my wife was clamorous that I should at once interview -the landlord, especially as we thought that the accident could not have -happened<span class="pagenum"><a name="page_179" id="page_179">{179}</a></span> had there been a safety-valve to the boiler; but I said that -it would be useless to talk about it unless we could prove that he knew -of the defect, or had reason to suspect it, or that damage was to be -apprehended from the use of the boiler for the purpose for which it was -intended;<a name="FNanchor_427_427" id="FNanchor_427_427"></a><a href="#Footnote_427_427" class="fnanchor">[427]</a> although on one occasion the courts held a landlord -liable for injuries arising from the explosion of gas, caused by the -pipes in the tenant’s room not having been properly secured.<a name="FNanchor_428_428" id="FNanchor_428_428"></a><a href="#Footnote_428_428" class="fnanchor">[428]</a></p> - -<p>In the afternoon it began to rain in the style commonly called “cats and -dogs,” or “pitchforks,” and soon we heard pit—pit—pit, -patter—patter—patter, spit—spit—spit, spatter—spatter—spatter, -sounding nearer than the dripping outside would seem to warrant, and on -investigation we found that the rain was coming through the roof and -dropping down in ugly splashes upon one of our most handsome and costly -volumes.</p> - -<p>“Can we make the landlord pay for the damage done by his old leaky -roof?” asked my wife, as with her best cambric handkerchief she tried to -swab up the wet.</p> - -<p>“I fear me not. I remember Baron Martin saying that one who takes a -floor in a house must be held to take the premises as they are, and -cannot complain that the house was not constructed differently. This -storm may have blown off some shingles, and then, even if our landlord -is bound to use reasonable care in keeping the roof secure, he<span class="pagenum"><a name="page_180" id="page_180">{180}</a></span> cannot -be held responsible for what no reasonable care and vigilance could have -provided against. He cannot certainly be considered guilty of negligence -if he has caused the roof to be examined periodically, and if it was all -secure the last time it was looked at.<a name="FNanchor_429_429" id="FNanchor_429_429"></a><a href="#Footnote_429_429" class="fnanchor">[429]</a> Still, in New York State it -was decided that where a landlord, who himself occupied an upper flat, -allowed liquids to leak through into his tenants’ rooms, he was -liable.”<a name="FNanchor_430_430" id="FNanchor_430_430"></a><a href="#Footnote_430_430" class="fnanchor">[430]</a></p> - -<p>“I should think, indeed, that a man should keep his house in repair, so -that his tenants’ goods are not ruined,” indignantly said Mrs. Lawyer.</p> - -<p>“You may say that, but the law says quite the reverse. It is perfectly -clear that a landlord is not bound to do any repairs, however necessary -they may be, except such as he personally agrees to do. The law will not -imply any contract of that sort on his part. That was decided in a case -where large gaps opened in the main walls, and it took several hours of -hard pumping daily to keep the water out of the basement.<a name="FNanchor_431_431" id="FNanchor_431_431"></a><a href="#Footnote_431_431" class="fnanchor">[431]</a></p> - -<p>“In New Hampshire, I admit, it has been held that where a landlord -negligently constructs his building, or negligently allows it to -continue out of repair, he is liable for injuries to his tenants;<a name="FNanchor_432_432" id="FNanchor_432_432"></a><a href="#Footnote_432_432" class="fnanchor">[432]</a> -and in New York the rule is said to be that when buildings are in good -repair when leased and afterward<span class="pagenum"><a name="page_181" id="page_181">{181}</a></span> become ruinous and dangerous, the -owner is not responsible unless he has expressly agreed to repair.”<a name="FNanchor_433_433" id="FNanchor_433_433"></a><a href="#Footnote_433_433" class="fnanchor">[433]</a></p> - -<p>“Surely, then, one has not to pay rent when a house is in such a -wretched state? I suppose we are not bound to stay here.”</p> - -<p>“Yes, to both your queries. The only cases in which a tenant has been -permitted to withdraw from his tenancy and refuse payment of rent are -where there has been some error or fraudulent misdescription of the -premises, or where they have been found to be uninhabitable in -consequence of the wrongful act or default of the landlord himself;<a name="FNanchor_434_434" id="FNanchor_434_434"></a><a href="#Footnote_434_434" class="fnanchor">[434]</a> -and it is not perfectly clear that he can do so even then.<a name="FNanchor_435_435" id="FNanchor_435_435"></a><a href="#Footnote_435_435" class="fnanchor">[435]</a> But I -must go out for the present, my dear. Fare thee well.”</p> - -<p>In the hall down stairs I met Mr. Screwhard, our landlord, a gentleman -who, from his personal appearance, would have accumulated a large -fortune as an undertaker; for from his countenance you could no more -have coaxed a smile than you could have out of a poker. As I was bidding -him a hurried “Good morning,” he placed his body, so long, so lean, and -so straight that you might have taken it for a telegraph pole in -consumption, before me, and said, in tones which would have well become -the ghost in Hamlet—</p> - -<p>“You must be in by nine o’clock, sir; we lock the front door then.<span class="pagenum"><a name="page_182" id="page_182">{182}</a></span>”</p> - -<p>“Gammon!” said I; “you will have to unlock it, then, to let me in; for -when you rented me the rooms you impliedly granted all that was -necessary for their free use and full enjoyment, such as the use of the -hall and stairs whenever required, and not only when you choose.”<a name="FNanchor_436_436" id="FNanchor_436_436"></a><a href="#Footnote_436_436" class="fnanchor">[436]</a></p> - -<p>“I will yield to your wishes for this night only,” said Screwhard, in a -voice as solemn as if he were about to be cremated; “but mind, rap with -your knuckles on the door; in time your wife will hear and can let you -in, for I must be allowed to have unbroken slumbers; my health demands -that most imperatively.”</p> - -<p>“Stuff and nonsense!” I replied; “I have a right to use the bell and the -knocker, as nothing was said to the contrary before;<a name="FNanchor_437_437" id="FNanchor_437_437"></a><a href="#Footnote_437_437" class="fnanchor">[437]</a> and I shall -use them.”</p> - -<p>And impatient with the old fellow I passed on, saying to myself: “The -man must be a fool. An action will lie against him if he attempts to -interfere with our use of the necessary adjuncts of his furnished -apartments. To be sure if we were bad tenants, he might, in mitigation -of damages, show that he acted so to make us leave.<a name="FNanchor_438_438" id="FNanchor_438_438"></a><a href="#Footnote_438_438" class="fnanchor">[438]</a> But we have not -been long enough for that.”</p> - -<p>Apollo stayed not his fiery steeds in their downward career towards the -happy isles of the west that day, and Phœbus’ sickly-looking sister held -sway in high heaven when I again reached the door<span class="pagenum"><a name="page_183" id="page_183">{183}</a></span> of my new domicile. -With me was Tom Jones, who was anxious to see the rooms. Mrs. Lawyer -received us in the parlor with a face full of disgust, and after the -interchange of a word or two with Tom, calling me aside, made the horrid -announcement that our bedrooms were fully occupied by animals of a small -size, broad for their length, darkish in color, scented, -anthropophagous, and designated by the same letters as very dark drawing -pencils.</p> - -<p>I disclosed the fact to T. J., who, being somewhat of a naturalist, -might, I thought, be able to prescribe some cure for this new found -evil. He at once exclaimed:</p> - -<p>“I tell you what, old fellow, some scientific folks say that these -creatures always retire from public life to their own quarters about -midnight. Test the point. You tumble into bed at once, and I will -endeavor to entertain Mrs. Lawyer until twelve, and will call in the -morning to hear the result of the experiment.”</p> - -<p>“You’re very kind, I am sure. But I am always willing to share things -equally with my wife; besides, when two are in bed the creepers lose -time in deciding which to bite, so one can get occasional naps. -To-morrow we will quit,” I replied.</p> - -<p>“But can you give up your lodgings in that summary manner?”</p> - -<p>“Long since it was decided that where a man rents ready furnished houses -or lodgings and they are infested by bugs, the tenant may leave without -paying rent. Baron Parke, in giving judgment, said that the authorities -appeared fully to warrant<span class="pagenum"><a name="page_184" id="page_184">{184}</a></span> the position that if the demised premises are -encumbered with a nuisance of so serious a nature that no person can -reasonably be expected to live in them, the tenant is at liberty to -throw them up. And he said that this was so because of the implied -condition that the landlord undertakes to rent the place in an habitable -state. Lord Abinger, in the same case, went even further, and gave it as -his opinion that no authorities were wanted to establish the point, and -that the case was one which common sense alone enabled them to decide. A -man, he remarked, who lets a ready furnished house, surely does so under -an implied condition, or obligation, that the house is in a fit state to -be inhabited. His lordship had no doubt whatever on the subject, and -thought that tenants under such circumstances were fully justified in -leaving.”<a name="FNanchor_439_439" id="FNanchor_439_439"></a><a href="#Footnote_439_439" class="fnanchor">[439]</a></p> - -<p>“But have not other equally learned judges had very grave doubts upon -the subject?” queried Jones.</p> - -<p>“Well, I must confess that later cases have somewhat shaken the -authority of the one I have been referring to, and it has been held that -there is no implied warranty in a lease of a house, or of land, that it -is or shall be reasonably fit for habitation, occupation, or -cultivation, and that there is no contract, still less any condition, -implied by law on the demise of real property only that it is fit for -the purpose for which it is let.”<a name="FNanchor_440_440" id="FNanchor_440_440"></a><a href="#Footnote_440_440" class="fnanchor">[440]</a><span class="pagenum"><a name="page_185" id="page_185">{185}</a></span></p> - -<p>“Does not that put an extinguisher on the authority you cited?” said -Jones.</p> - -<p>“No; in some of these latter decisions the case of a ready furnished -house is expressly distinguished upon the ground that the letting of -such a house is a contract of a mixed nature, being in fact a bargain -for a house and furniture, which, of necessity, must be such as are fit -for the purpose for which they are to be used. Abinger was particularly -strong on the point. He said that ‘if a party contract for the lease of -a house ready furnished, it is to be furnished in a proper manner, and -so as to be fit for immediate occupation. Suppose,’ said he, ‘it turn -out that there is not a bed in the house; surely the party is not bound -to occupy it or continue in it. So, also, in the case of a house -infected with vermin; if bugs be found in the bed, even after entering -into possession, the lodger or occupier is not bound to stay in the -house. Suppose again,’ he continued, ‘the tenant discover that there are -not sufficient chairs in the house, or that they are not of a sort fit -for use: he may give up possession.’<a name="FNanchor_441_441" id="FNanchor_441_441"></a><a href="#Footnote_441_441" class="fnanchor">[441]</a> And so late as April of the -year of grace 1877, Lord C. B. Kelly said that he was of the opinion, -both on authority and on general principles of law, that there is an -implied condition that a furnished house shall be in a good and -tenantable state and reasonably fit for human occupation from the very -day on which the tenancy is dated to begin, and that where such a house -is in such a condition that there is either great discom<span class="pagenum"><a name="page_186" id="page_186">{186}</a></span>fort or danger -to health in entering and dwelling in it, then the intending tenant is -entitled to repudiate the contract altogether.”<a name="FNanchor_442_442" id="FNanchor_442_442"></a><a href="#Footnote_442_442" class="fnanchor">[442]</a></p> - -<p>“Well, that is strong, I am sure.”</p> - -<p>“Abinger held that the letting of the goods and chattels, as well as the -house, implies that the party who lets it so furnished is under an -obligation to supply the other contracting party with whatever goods and -chattels may be fit for the use and occupation of such a house according -to its particular description and suitable in every respect. And Judge -Shaw, of Massachusetts, says that in the case of furnished rooms in a -lodging house, let for a particular season, a warranty may be implied -that they are suitably fitted for such use.”<a name="FNanchor_443_443" id="FNanchor_443_443"></a><a href="#Footnote_443_443" class="fnanchor">[443]</a></p> - -<p>“I should think,” said Jones, “that a would be tenant ought to go and -inspect the premises for himself.”</p> - -<p>“If he has an opportunity of doing so it might, perhaps, make a -difference, but if he takes it upon the faith of its being properly -furnished, common sense and common justice concur in the conclusion that -the owner is bound to let it in an habitable state. So saith the Lord -Chief Baron.”<a name="FNanchor_444_444" id="FNanchor_444_444"></a><a href="#Footnote_444_444" class="fnanchor">[444]</a></p> - -<p>“I believe that it has been held in this country that the existence of a -noxious smell in the house did not authorize the tenant’s leaving.”<a name="FNanchor_445_445" id="FNanchor_445_445"></a><a href="#Footnote_445_445" class="fnanchor">[445]</a></p> - -<p>“Indeed. My lady, the Dowager Countess of<span class="pagenum"><a name="page_187" id="page_187">{187}</a></span> Winchelsea, agreed to rent a -furnished house in Wilton Crescent, London, for three months of the -season of 1875 for the sum of 450 guineas. When her ladyship arrived -with her servants and personal luggage, she perceived an unpleasant -smell in the house, and declining to occupy it, had her horses taken out -of the stable. On investigation, it was found that the drainage was in a -very bad state, rendering the house quite unfit for occupation. In three -weeks’ time, however, matters were put right, but her ladyship refused -to go back or to pay rent. A suit was brought, in which the whole court -unanimously held that the state of the drains entitled the Countess to -rescind the bargain and to refuse to pay rent.<a name="FNanchor_446_446" id="FNanchor_446_446"></a><a href="#Footnote_446_446" class="fnanchor">[446]</a> Abinger thought that -if a tenant, on entering his lodgings, found out that the previous -occupier had left because some one had recently died in them of the -plague or scarlet fever, he would not be compelled to remain.<a name="FNanchor_447_447" id="FNanchor_447_447"></a><a href="#Footnote_447_447" class="fnanchor">[447]</a> And -in Massachusetts it was decided that a tenant who caught small-pox -through no fault of his own, but because the owner wilfully neglected to -inform him that the house was infected with that disease, might recover -damages from the landlord.”<a name="FNanchor_448_448" id="FNanchor_448_448"></a><a href="#Footnote_448_448" class="fnanchor">[448]</a></p> - -<p>Just then a slight movement on the part of Jones made the chair on which -he was perched creak, crack, stretch out its legs, and let him down. As -he was hastily apologizing for the damage, I remarked:<span class="pagenum"><a name="page_188" id="page_188">{188}</a></span></p> - -<p>“Don’t trouble yourself, the occupier of furnished apartments is not -responsible for deterioration by ordinary wear or tear in the reasonable -use of the goods of the landlord.”<a name="FNanchor_449_449" id="FNanchor_449_449"></a><a href="#Footnote_449_449" class="fnanchor">[449]</a></p> - -<p>“I’ll go now, at all events, as I am up,” said our friend, as he seized -his hat and made his adieux.</p> - -<p><i>Quære</i>, was that a white handkerchief protruding slightly from his -pistol pocket? Indispensables are tighter now-a-days than they used to -be.<span class="pagenum"><a name="page_189" id="page_189">{189}</a></span></p> - -<h2><a name="CHAPTER_XII" id="CHAPTER_XII"></a><span class="smcap">Chapter XII.</span><br /><br /> -<small>NOTICE TO QUIT, AND TURNING OUT.</small></h2> - -<p>Doubtless many an anxious housekeeper is hurrying rapidly through the -pages of this book to discover whether or no Tom Jones’ piece of -entomological information was correct; but I shall not enlighten them on -the point, for this is a work on legal subjects, and cannot be taken up -with recounting investigations concerning the habits of such small -things as insects. Saith not the ancient maxim: “<i>De minimis non curat -lex</i>”?</p> - -<p>We had, however, other things to think about ere morning’s light again -illuminated the eastern sky. Scarcely had we settled ourselves for the -night when my wife started up, exclaiming:</p> - -<p>“Hear the loud alarum bells! What a tale of terror their turbulency -tells! In the startled ear of night how they scream out their affright -in a clamorous appealing to the mercy of the fire—in a mad -expostulation with the deaf and frantic fire! What a tale their terror -tells of despair! How they clang, and clash, and roar!”</p> - -<p>“Ha! and well for us that their twanging and their clanging have aroused -us; for see! the house opposite is all wrapped in flames, and the wind -is driving right toward us!”</p> - -<p>Ah! then throughout our house there was hurrying to and fro, and -gathering tears, and trem<span class="pagenum"><a name="page_190" id="page_190">{190}</a></span>blings of distress, and cheeks all pale, -which, but ten minutes past, pressed the soft pillows with their -loveliness; and there were sudden snatchings of such as by chance lay -within reach, and leaving things which ne’er might be regained; and -there was rushing in hot haste—the men, the chattering women, and the -pattering child, went pouring forward with impetuous speed, and swiftly -showed in the back yard in <i>robes de nuit</i>.</p> - -<p>I jumped into my pantaloons; fortunately, they were not like those of -Monseigneur d’Artois, nor was I as particular as his highness; four tall -lackeys had to hold him up in the air every morning, that he might fall -into his breeches without vestige of wrinkle, and from them the same -four, in the same way but with more effort, had to deliver him at night. -We found shelter in the hospitable mansion of old Mrs. Jones. At the -expense of our friends, we thatched ourselves anew with the “dead -fleeces of sheep, the bark of vegetables, the entrails of worms, the -hides of oxen or seals, the felt of furred beasts, and walked down -stairs moving rag screens, over-heaped with shreds and tatters raked -from the charnel-house of nature” to partake of the morning meal.</p> - -<p>At breakfast, Mrs. Lawyer remarked, in anything but lugubrious tones:</p> - -<p>“Well, Mr. Jones, we have got rid of those rooms without much trouble.”</p> - -<p>Tom shook his head; so my wife asked:</p> - -<p>“Why do you do that?”</p> - -<p>“Because I am not quite sure that you are yet<span class="pagenum"><a name="page_191" id="page_191">{191}</a></span> quit of my friend, Mr. -Screwhard, your landlord,” was the reply.</p> - -<p>“What do you mean?” queried my wife.</p> - -<p>“Ask your respected husband; he knows more about such matters than I -do.”</p> - -<p>In reply to my wife’s questioning glance, I said: “I am afraid it is -rather too soon to rejoice over the matter. We must pay rent until we -can get rid of our liability by a regular notice to quit.”</p> - -<p>“But we can’t occupy the place.”</p> - -<p>“That makes no difference.”<a name="FNanchor_450_450" id="FNanchor_450_450"></a><a href="#Footnote_450_450" class="fnanchor">[450]</a></p> - -<p>“Then you had no provision in your lease exempting you in case of fire,” -remarked Jones.</p> - -<p>“Unfortunately, not.”</p> - -<p>“But why should we pay when we cannot use the place?” asked my wife, -growing warm.</p> - -<p>“The rule is, my dear, that when the law imposes a duty upon one and he -is prevented performing it without any fault on his part, and he has no -one to whom he may look for satisfaction, the courts will excuse the -non-performance; but when a man voluntarily takes a duty or charge upon -himself he must perform his contract, come what may, because he might -have provided against all accidents in his agreement.”</p> - -<p>“And, you stupid! you did not have the lease properly drawn!”</p> - -<p>“Exactly so, my female Solomon,” I replied, indignantly.<span class="pagenum"><a name="page_192" id="page_192">{192}</a></span></p> - -<p>“Well, I must say,” said Mrs. L., “that I fear I am bound for life to</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">“<span class="lftspc">‘</span>A wretch so empty, that if e’er there be<br /></span> -<span class="i2">In nature found the least vacuity,<br /></span> -<span class="i1a">’Twill be in him.’<span class="lftspc">”</span><br /></span> -</div></div> -</div> - -<p>“Another reason is,” broke in Jones, anxious to throw oil upon the -troubled waters, “that in the case of furnished lodgings, as in the case -of a house, the rent is deemed to issue out of the land<a name="FNanchor_451_451" id="FNanchor_451_451"></a><a href="#Footnote_451_451" class="fnanchor">[451]</a>—none of it -out of the furniture<a name="FNanchor_452_452" id="FNanchor_452_452"></a><a href="#Footnote_452_452" class="fnanchor">[452]</a>—so that the landlord can distrain for the -whole rent;<a name="FNanchor_453_453" id="FNanchor_453_453"></a><a href="#Footnote_453_453" class="fnanchor">[453]</a> and even were he to turn the tenant out, no -apportionment could be made for the goods.<a name="FNanchor_454_454" id="FNanchor_454_454"></a><a href="#Footnote_454_454" class="fnanchor">[454]</a> The law makes no -difference between lodgers and other tenants as to the payment of their -rents, or turning them out of possession.”</p> - -<p>“Pray tell me, then, how much notice must we give?” demanded Mrs. Lawyer -in tones which would lead one to imagine that she provided all the -capital necessary to run the family machine.</p> - -<p>Jones replied: “If the hiring of the apartments be from half year to -half year, half a year’s notice to quit must be given; if from quarter -to quarter, a quarter’s notice; if from month to month, a month’s -notice; if from week to week, a week’s notice; and if a lodger leaves -without giving such<span class="pagenum"><a name="page_193" id="page_193">{193}</a></span> notice he is liable for the rent for a half year, -or a quarter, or a month, or a week, as the case may be.”<a name="FNanchor_455_455" id="FNanchor_455_455"></a><a href="#Footnote_455_455" class="fnanchor">[455]</a></p> - -<p>“Still,” I said, anxious to contradict somebody, “it has been ruled by a -very learned judge that in the case of an ordinary weekly tenancy a -week’s notice to quit is not implied as part of the contract unless -there be usage to that effect, but that such a tenancy will cease at the -end of the term without any notice; in fact, he said that he was not -aware that it had ever been decided that in the case of an ordinary -weekly or monthly tenancy a month’s or week’s notice to quit must be -given. It is to be regarded as a tenancy for a week or a month rather -than as a tenancy from week to week, or month to month, determinable by -notice. Were it otherwise, such tenancies would, in almost all cases, -necessarily continue for a double period, which might be inconvenient to -one or both parties. Of course, even in absence of such usage, a weekly -tenant who enters on a fresh week may be bound to continue until the -expiration of that week, or pay the week’s rent.<a name="FNanchor_456_456" id="FNanchor_456_456"></a><a href="#Footnote_456_456" class="fnanchor">[456]</a> And in New York it -has been decided that in a renting by the month, or from month to month, -a month’s notice to quit is not requisite.”<a name="FNanchor_457_457" id="FNanchor_457_457"></a><a href="#Footnote_457_457" class="fnanchor">[457]</a></p> - -<p>“But surely,” urged Jones, “a reasonable notice must be given of the -ending of a weekly tenancy. I remember one case in which my father was -concerned, Earle, C. J., said that, although it had been<span class="pagenum"><a name="page_194" id="page_194">{194}</a></span> laid down that -a weekly or a monthly holding does not require a week’s or a month’s -notice to determine it unless there be some special agreement or custom, -he did not find that any person ever held that the interest of a tenant -so holding might be put an end to without any notice at all. It would be -most unreasonable, he continued, if a landlord were entitled to turn his -weekly tenant out at twelve o’clock at night on the last day of the -week; some notice must be necessary. Williams, J., gave it as his view, -that whether it be a tenancy from year to year, or week to week, in -either case there must be a legal expression of intention that the -tenancy should cease. The inclination of his opinion was that where the -holding is from week to week a week’s notice should be given, and a -month’s notice where the tenancy is from month to month. Judge Willes, -in a half frightened sort of way, as if he had no doubt he was wrong, -considered that because in a tenancy from year to year half a year’s -notice only was required, therefore he could not see how it was possible -that a tenant from week to week should be entitled to more than half a -week’s notice. While Byles, J., remarked that the notice to a weekly -tenant should be a reasonable one.”<a name="FNanchor_458_458" id="FNanchor_458_458"></a><a href="#Footnote_458_458" class="fnanchor">[458]</a></p> - -<p>“And doubtless he is right. And if it is necessary at all, it must, of -course, expire on the proper day, <i>i. e.</i>, at the end of some week of -the tenancy.”<a name="FNanchor_459_459" id="FNanchor_459_459"></a><a href="#Footnote_459_459" class="fnanchor">[459]</a></p> - -<p>“Yes; and a weekly tenancy beginning on Satur<span class="pagenum"><a name="page_195" id="page_195">{195}</a></span>day ends on Saturday.<a name="FNanchor_460_460" id="FNanchor_460_460"></a><a href="#Footnote_460_460" class="fnanchor">[460]</a> -How would it be, Lawyer, if the landlord rented the rooms to some one -else before the expiration of the week?”</p> - -<p>“That would amount to a rescission of the bargain, and he could not sue -the defaulting tenant for rent for the days the apartments were -empty;<a name="FNanchor_461_461" id="FNanchor_461_461"></a><a href="#Footnote_461_461" class="fnanchor">[461]</a> but lighting or warming the rooms, or putting up ‘to let’ in -the window, will not prevent the owner looking to the man who has left -without giving the proper notice.”<a name="FNanchor_462_462" id="FNanchor_462_462"></a><a href="#Footnote_462_462" class="fnanchor">[462]</a></p> - -<p>“I suppose that one cannot leave without notice because he fears that -the landlord’s things are likely to be seized by the landlord -paramount,” said Jones.</p> - -<p>“Of course you can make an express stipulation to that effect;<a name="FNanchor_463_463" id="FNanchor_463_463"></a><a href="#Footnote_463_463" class="fnanchor">[463]</a> -otherwise you cannot leave.”<a name="FNanchor_464_464" id="FNanchor_464_464"></a><a href="#Footnote_464_464" class="fnanchor">[464]</a></p> - -<p>“Well,” said my wife, “I presume that at all events the landlord will -have to rebuild if we are to continue paying rent.”</p> - -<p>“By no means. The rule is, that a landlord, after an injury by fire, is -under no obligation to rebuild or repair the house for the benefit of -the tenant,”<a name="FNanchor_465_465" id="FNanchor_465_465"></a><a href="#Footnote_465_465" class="fnanchor">[465]</a> was my melancholy reply.</p> - -<p>Fortunately, breakfast does not last as long as dinner; so this -conversation (which had grown irksome to myself, and has proved probably -equally, if not more so, to my readers) was brought to a conclusion -before very much more was said on this<span class="pagenum"><a name="page_196" id="page_196">{196}</a></span> subject, and I gladly availed -myself of the opportunity of going out on business.</p> - -<p>Down town I met my old friend, Dr. Lane, who told me of the tiff he had -just had with his landlord. Some months previously he had hired from one -Johnson certain rooms in a fashionable locality, at a rental of a couple -of hundred dollars a year, with the privilege of putting a brass plate -bearing his name upon the front door. Shortly afterward Johnson leased -the whole premises to Mr. Dixon for twenty-one years. In course of time, -the health of the neighborhood being excellent, Lane got in arrear; so -Dixon removed the brass plate, and refused to let the Doctor have access -to his rooms—in fact, finding them open one day, and the lodger out, he -fastened the outer door, and so excluded him altogether. Lane sued for -damages, and the jury kindly gave him £10 for the breaking and entry -into his room, expelling him therefrom and seizing his <i>etceteras</i>, and -£20 for the removal of the brass plate. Dixon, rather naturally, was -dissatisfied with the verdict of these twelve men and appealed to the -court, who, however, agreed that the jury were perfectly correct in -their view of the matter, and that the Doctor might keep his £30. The -removal of the plate was considered a distinct and substantive -trespass.<a name="FNanchor_466_466" id="FNanchor_466_466"></a><a href="#Footnote_466_466" class="fnanchor">[466]</a> Of course the disciple of Galen was overjoyed, and -insisted upon my taking a glass of something alcoholic while he told me -of the little trip that he purposed taking at his landlord’s expense.<span class="pagenum"><a name="page_197" id="page_197">{197}</a></span></p> - -<p>After parting from the worthy leech my brain was rather puzzled to draw -a distinction between his case and one decided some time ago, where one -Bloxham, a poulterer and a keeper of a beer-shop, claiming a sum of -money to be due to him by a lodger—one Hartley by name—locked up his -goods in the room in which Hartley had put them, pocketed the key, and -refused the boarder access to them till his bill was paid—yet it was -decided that what was done was not such a taking of goods as would -sustain the action for trespass brought by poor Hartley.<a name="FNanchor_467_467" id="FNanchor_467_467"></a><a href="#Footnote_467_467" class="fnanchor">[467]</a> At last it -dawned upon me that in the case I was conning over there had been no -actual taking—the landlord never actually touched the goods at all—he -merely locked the door and kept the key, and therein it differed from -Lane’s suit.<a name="FNanchor_468_468" id="FNanchor_468_468"></a><a href="#Footnote_468_468" class="fnanchor">[468]</a></p> - -<p>In another case, a landlord, before his tenant’s time was up, and -contrary to his wishes, entered his (the tenant’s) room and removed -therefrom books, maps, and papers, placing them where they were damaged -by the rain. The boarder, not liking such treatment, sued his landlord, -and the court decided that the latter was a trespasser and liable for -all damages sustained, whether they resulted from his direct and -immediate acts, or remotely from the act of God.<a name="FNanchor_469_469" id="FNanchor_469_469"></a><a href="#Footnote_469_469" class="fnanchor">[469]</a></p> - -<p>Before returning home I called on a friend who also dwelt in furnished -apartments. Far from seraphic was the state of mind in which I found -him.<span class="pagenum"><a name="page_198" id="page_198">{198}</a></span></p> - -<p>“What can be done to stop that horrid noise? It will drive me mad!” was -his petulant salutation.</p> - -<p>I listened, and heard the dull, rumbling noise of some wheeled machine -being rolled, now fast, now slow, then up, then down, in the room above.</p> - -<p>“What is it?” I asked.</p> - -<p>“Oh, I know what it is only too well. A foolish young couple live up -stairs, and their first baby is teething or something of the sort, and -whines and howls incessantly, so the mother by day and the father by -night continually trundle it up and down the room in a parlor -baby-carriage, making such a noise that I can neither read nor sleep. It -is a regular nuisance, and I’ll have it stopped.”</p> - -<p>“I suppose that they don’t do it merely to disturb and annoy you, but -rather for the good of the juvenile,” I remarked.</p> - -<p>“As for that matter I presume their intentions are honorable, but that -does not make any difference.”</p> - -<p>“Yes it does; the very point has been decided by Judge Van Hoesen, of -New York. To him a Mr. Pool applied for an injunction to prevent one off -his fellow-lodgers wheeling a sick child about the room.”</p> - -<p>“Well, what was the result?”</p> - -<p>“Why, as it did not appear that the noise was made unnecessarily, but -only from the attempt to soothe the infant, the court refused to -interfere with the amusement of the child, saying that the occupants of -buildings where there are other tenants cannot restrain the others from -any use they<span class="pagenum"><a name="page_199" id="page_199">{199}</a></span> may choose to make of their own apartments, consistent -with good neighborhood and with a reasonable regard for the comfort of -others.”</p> - -<p>“Humph!”</p> - -<p>“The judge added that if the rocking of a cradle, the wheeling of a -carriage, the whirling of a sewing machine, or the discord of ill-played -music, disturb the inmates of an apartment-house, no relief by -injunction can be obtained, unless the proof be clear that the noise is -unreasonable, and made without due regard to the rights and comforts of -other occupants.<a name="FNanchor_470_470" id="FNanchor_470_470"></a><a href="#Footnote_470_470" class="fnanchor">[470]</a> And in England it was held that the noise of a -piano from a neighbor’s house, or the noise of neighbor’s children in -their nursery, are noises we must expect, and must, to a considerable -extent, put up with.”<a name="FNanchor_471_471" id="FNanchor_471_471"></a><a href="#Footnote_471_471" class="fnanchor">[471]</a></p> - -<p>“At all events, no judge can compel me to stay in the house and be -annoyed in this way. I’ll give notice to quit at once.”</p> - -<p class="asstt">* * * * * *</p> - -<p>Here endeth the account of our experiences in the matter of furnished -apartments, boarding-houses, and hotels. After this Mrs. Lawyer and -myself settled down quietly to housekeeping. Our experiences in that -line have nothing to do with the subject of this book.<span class="pagenum"><a name="page_201" id="page_201">{201}</a></span><span class="pagenum"><a name="page_200" id="page_200">{200}</a></span></p> - -<h2><a name="INDEX" id="INDEX"></a>INDEX.</h2> - -<p class="c"><a href="#A">A</a>, -<a href="#B">B</a>, -<a href="#C">C</a>, -<a href="#D">D</a>, -<a href="#E">E</a>, -<a href="#F">F</a>, -<a href="#G">G</a>, -<a href="#H">H</a>, -<a href="#I">I</a>, -<a href="#L">L</a>, -<a href="#M">M</a>, -<a href="#N">N</a>, -<a href="#P">P</a>, -<a href="#R">R</a>, -<a href="#S">S</a>, -<a href="#T">T</a>, -<a href="#V">V</a>, -<a href="#W">W</a>. -</p> - -<p class="nind"> -<b><a name="A" id="A"></a>Absence of guest</b>—loss of baggage during, p. <a href="#page_40">40</a>.<br /> - -<b>Accommodation</b>—innkeeper need only supply reasonable, p. <a href="#page_7">7</a>.<br /> -<span style="margin-left: 1em;">payment for bad, p. <a href="#page_16">16</a>.</span><br /> - -<b>Action against innkeeper</b>—for refusing to receive guest, p. <a href="#page_12">12</a>.<br /> -<span style="margin-left: 1em;">for supplying bad food, p. <a href="#page_14">14</a>.</span><br /> - -<b>Agreement to furnish</b>—p. <a href="#page_177">177</a>.<br /> - -<b>Agreement with innkeeper</b>—as to board, pp. <a href="#page_61">61</a>, <a href="#page_168">168</a>.<br /> -<span style="margin-left: 1em;">as to room, p. <a href="#page_61">61</a>.</span><br /> - -<b>Assault</b>—liability of innkeeper for servant’s assault, p. <a href="#page_30">30</a>.<br /> -<span style="margin-left: 1em;">protecting guests from, pp. <a href="#page_74">74-124</a>.</span> - -<br /><br /><a name="B" id="B"></a><b>Baggage</b>—what is, pp. <a href="#page_74">74</a>, <a href="#page_86">86-88</a>.<br /> -<span style="margin-left: 1em;">articles of jewelry, p. <a href="#page_86">86</a>.</span><br /> -<span style="margin-left: 1em;">innkeeper liable for loss in bus, p. <a href="#page_22">22</a>.</span><br /> -<span style="margin-left: 2em;">and during temporary absence of guest, p. <a href="#page_40">40</a>.</span><br /> -<span style="margin-left: 1em;">innkeepers are insurers of, p. <a href="#page_46">46</a>.</span><br /> -<span style="margin-left: 1em;">need not be given to landlord, p. <a href="#page_47">47</a>.</span><br /> -<span style="margin-left: 1em;">where guest retains exclusive possession, pp. <a href="#page_51">51</a>, <a href="#page_52">52</a>.</span><br /> -<span style="margin-left: 1em;">of one stopping elsewhere, p. <a href="#page_60">60</a>.</span><br /> - -<b>Ball</b>—innkeeper not liable for loss of a guest at, p. <a href="#page_60">60</a>.<br /> - -<b>Bed</b>—guest need not go to, p. <a href="#page_40">40</a>.<br /> -<span style="margin-left: 1em;">damp bed, p. <a href="#page_165">165</a>.</span><br /> -<span style="margin-left: 1em;">innkeeper in bed, p. <a href="#page_13">13</a>.</span><br /> - -<b>Betting and bets</b>—when improper, pp. <a href="#page_63">63-65</a>.<br /> -<span style="margin-left: 1em;">when bets recovered, p. <a href="#page_64">64</a>.</span><br /> -<span style="margin-left: 1em;">all void, pp. <a href="#page_65">65</a>, <a href="#page_66">66</a>.</span><br /> -<span style="margin-left: 1em;">loser recovering stakes, pp. <a href="#page_66">66</a>, <a href="#page_67">67</a>.</span><br /> - -<b>Billiards</b>—pp. <a href="#page_70">70</a>, <a href="#page_71">71</a>.<br /> - -<b>Bird</b>—liable to distress, p. <a href="#page_176">176</a>.<br /> - -<b>Boarder</b>—annoying fellow-boarders, pp. <a href="#page_163">163</a>, <a href="#page_164">164</a>.<br /> -<span style="margin-left: 1em;">must look after his own goods, pp. <a href="#page_159">159</a>, <a href="#page_160">160</a>.</span><br /> - -<b>Boarding-house</b>—what is a, p. <a href="#page_166">166</a>.<br /> -<span class="pagenum"><a name="page_202" id="page_202">{202}</a></span><span style="margin-left: 1em;">differs from hotel, p. <a href="#page_167">167</a>.</span><br /> - -<b>Boarding-house keeper</b>—liability of, pp. <a href="#page_154">154</a>, <a href="#page_155">155</a>.<br /> -<span style="margin-left: 1em;">what amount of care required in, p. <a href="#page_155">155</a>.</span><br /> -<span style="margin-left: 1em;">liable for gross neglect, p. <a href="#page_160">160</a>.</span><br /> -<span style="margin-left: 1em;">liability for theft by stranger, p. <a href="#page_161">161</a>.</span><br /> -<span style="margin-left: 1em;">liability for faults of servants, p. <a href="#page_165">165</a>.</span><br /> -<span style="margin-left: 1em;">can choose his lodgers, p. <a href="#page_167">167</a>.</span><br /> -<span style="margin-left: 1em;">right of lien, p. <a href="#page_169">169</a>.</span><br /> - -<b>Breakages in hotel</b>—when guest is liable for, p. <a href="#page_101">101</a>.<br /> -<span style="margin-left: 1em;">by boarder, p. <a href="#page_188">188</a>.</span><br /> - -<b>Burglars</b>—p. <a href="#page_107">107</a>. - -<br /><br /><a name="C" id="C"></a><b>Card-playing</b>—description of, p. <a href="#page_71">71</a>.<br /> -<span style="margin-left: 1em;">in private, p. <a href="#page_68">68</a>.</span><br /> - -<b>Carelessness of guest</b>—in elevator, p. <a href="#page_24">24</a>.<br /> -<span style="margin-left: 1em;">when intoxicated, p. <a href="#page_58">58</a>.</span><br /> -<span style="margin-left: 1em;">loss through, pp. <a href="#page_108">108</a>, <a href="#page_109">109</a>.</span><br /> -<span style="margin-left: 1em;">leaving door unlocked, pp. <a href="#page_112">112-115</a>.</span><br /> - -<b>Carriage</b>—left outside inn-yard, p. <a href="#page_118">118</a>.<br /> -<span style="margin-left: 1em;">stolen, p. <a href="#page_119">119</a>.</span><br /> - -<b>Cat distrainable</b>—p. <a href="#page_176">176</a>.<br /> - -<b>Clothing</b>—innkeeper need not supply, p. <a href="#page_19">19</a>.<br /> -<span style="margin-left: 1em;">innkeeper’s lien on, pp. <a href="#page_137">137-141</a>.</span><br /> -<span style="margin-left: 1em;">liable to seizure for rent, pp. <a href="#page_175">175-176</a>.</span><br /> - -<b>Commercial traveler</b>—goods of, in private room, pp. <a href="#page_52">52</a>, <a href="#page_112">112</a>. - -<br /><br /><a name="D" id="D"></a><b>Dinner hours</b>—p. <a href="#page_54">54</a>.<br /> - -<b>Dinner-set</b>—p. <a href="#page_77">77</a>.<br /> - -<b>Distraining for rent</b>—furnished house, p. <a href="#page_174">174</a>.<br /> -<span style="margin-left: 1em;">what things liable to distress, pp. <a href="#page_175">175</a>, <a href="#page_176">176</a>.</span><br /> -<span style="margin-left: 1em;">See <span class="smcap">Cat</span>, <span class="smcap">Clothing</span>.</span><br /> - -<b>Dog in hotel</b>—p. <a href="#page_43">43</a>.<br /> - -<b>Door</b>—left unlocked at innkeeper’s request, p. <a href="#page_53">53</a>.<br /> -<span style="margin-left: 1em;">not necessary to lock, pp. <a href="#page_112">112</a>, <a href="#page_114">114</a>.</span><br /> -<span style="margin-left: 1em;">left open, pp. <a href="#page_154">154</a>, <a href="#page_155">155</a>.</span><br /> - -<b>Door-bell</b>—lodger entitled to use, p. <a href="#page_182">182</a>.<br /> - -<b>Door-plate</b>—removing, p. <a href="#page_196">196</a>. - -<br /><br /><a name="E" id="E"></a><b>Ejecting guests</b>—for bad manners, p. <a href="#page_26">26</a>.<br /> -<span style="margin-left: 1em;">for non-payment, p. <a href="#page_40">40</a>.</span><br /> - -<b>Ejecting tenants</b>—pp. <a href="#page_196">196</a>, <a href="#page_197">197</a>.<br /> - -<b>Emigrants</b>—house for, an inn, p. <a href="#page_20">20</a>.<br /> - -<span class="pagenum"><a name="page_203" id="page_203">{203}</a></span><b>Entomological</b>—pp. <a href="#page_16">16</a>, <a href="#page_187">187</a>.<br /> - -<b>Explosion of stove</b>—p. <a href="#page_179">179</a>.<br /> - -<b>Excessive charges</b>—pp. <a href="#page_30">30</a>, <a href="#page_124">124</a>.<br /> - -<b>Expectorating</b>—pp. <a href="#page_20">20-22</a>. - -<br /><br /><a name="F" id="F"></a><b>Fire</b>—liability of innkeeper for losses by, p. <a href="#page_103">103</a>.<br /> - -<b>Food</b>—innkeeper selling bad food, p. <a href="#page_14">14</a>.<br /> -<span style="margin-left: 1em;">boarding-house keeper selling bad food, p. <a href="#page_165">165</a>.</span><br /> - -<b>Friend</b>—cannot sue for lost goods, p. <a href="#page_59">59</a>.<br /> -<span style="margin-left: 1em;">See <span class="smcap">Visitor</span>.</span><br /> - -<b>Furnished apartments</b>—contract for, must be in writing, p. <a href="#page_174">174</a>.<br /> -<span style="margin-left: 1em;">liability of landlord to repair, p. <a href="#page_180">180</a>.</span><br /> -<span style="margin-left: 1em;">leaving for disrepair, p. <a href="#page_181">181</a>.</span><br /> -<span style="margin-left: 1em;">lodger entitled to all appurtenances, p. <a href="#page_182">182</a>.</span><br /> -<span style="margin-left: 1em;">must be free from vermin, pp. <a href="#page_183">183</a>, <a href="#page_184">184</a>.</span><br /> -<span style="margin-left: 1em;">must be properly furnished, p. <a href="#page_185">185</a>.</span><br /> -<span style="margin-left: 1em;">must be fit for immediate habitation, p. <a href="#page_186">186</a>.</span><br /> -<span style="margin-left: 1em;">notice to quit, pp. <a href="#page_191">191-194</a>.</span><br /> -<span style="margin-left: 1em;">noise of fellow-lodgers in, pp. <a href="#page_198">198</a>, <a href="#page_199">199</a>.</span> - -<br /><br /><a name="G" id="G"></a><b>Gaming</b>—forbidden in inns, p. <a href="#page_68">68</a>.<br /> -<span style="margin-left: 1em;">what is, p. <a href="#page_68">68</a>.</span><br /> -<span style="margin-left: 1em;">lawful games, pp. <a href="#page_70">70</a>, <a href="#page_71">71</a>.</span><br /> -<span style="margin-left: 1em;">unlawful games, p. <a href="#page_69">69</a>.</span><br /> - -<b>Goods and property</b>—definition of, p. <a href="#page_85">85</a>.<br /> - -<b>Guest</b>—must be a traveler, p. <a href="#page_59">59</a>.<br /> -<span style="margin-left: 1em;">one purchasing refreshment may be a guest, p. <a href="#page_59">59</a>.</span><br /> -<span style="margin-left: 1em;">neighbor not a, p. <a href="#page_14">14</a>.</span><br /> -<span style="margin-left: 1em;">when able to pay must always be admitted, p. <a href="#page_9">9</a>.</span><br /> -<span style="margin-left: 1em;">when tender necessary, pp. <a href="#page_9">9</a>, <a href="#page_10">10</a>.</span><br /> -<span style="margin-left: 1em;">may be refused admission if improper, pp. <a href="#page_10">10</a>, <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">or suffering from contagious disease, p. <a href="#page_10">10</a>.</span><br /> -<span style="margin-left: 1em;">or if inn is full, p. <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">or if he is in filthy state, p. <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">need not register his name, p. <a href="#page_13">13</a>.</span><br /> -<span style="margin-left: 1em;">nor go to bed, p. <a href="#page_40">40</a>.</span><br /> -<span style="margin-left: 1em;">nor take all his meals at inn, p. <a href="#page_60">60</a>.</span><br /> -<span style="margin-left: 1em;">cannot carry on business at inn, p. <a href="#page_30">30</a>.</span><br /> -<span style="margin-left: 1em;">liability when retaining exclusive possession of goods, p. <a href="#page_59">59</a>.</span><br /> -<span style="margin-left: 1em;">for breakages, p. <a href="#page_101">101</a>.</span><br /> -<span class="pagenum"><a name="page_204" id="page_204">{204}</a></span><span style="margin-left: 1em;">no lien on, pp. <a href="#page_137">137</a>, <a href="#page_138">138</a>.</span> - -<br /><br /><a name="H" id="H"></a><b>Horse of guest</b>—of one stopping elsewhere, pp. <a href="#page_60">60</a>, <a href="#page_122">122</a>, <a href="#page_123">123</a>.<br /> -<span style="margin-left: 1em;">after departure of guest, pp. <a href="#page_62">62</a>, <a href="#page_120">120</a>.</span><br /> -<span style="margin-left: 1em;">stolen from inn stable, p. <a href="#page_129">129</a>.</span><br /> -<span style="margin-left: 1em;">injured in inn stable, pp. <a href="#page_120">120</a>, <a href="#page_121">121</a>.</span><br /> -<span style="margin-left: 1em;">injured in field, p. <a href="#page_122">122</a>.</span><br /> -<span style="margin-left: 1em;">lien on, for keep of another, p. <a href="#page_128">128</a>.</span><br /> -<span style="margin-left: 1em;">for its own keep, p. <a href="#page_129">129</a>.</span><br /> -<span style="margin-left: 1em;">for its owner’s keep, p. <a href="#page_127">127</a>.</span><br /> -<span style="margin-left: 1em;">stolen horses, p. <a href="#page_132">132</a>.</span><br /> - -<b>Hotel</b>—differs not from inn, pp. <a href="#page_2">2</a>, <a href="#page_3">3</a>.<br /> -<span style="margin-left: 1em;">derivation of, p. <a href="#page_3">3</a>.</span><br /> -<span style="margin-left: 1em;">American and English, pp. <a href="#page_54">54-57</a>.</span><br /> -<span style="margin-left: 1em;">See <span class="smcap">Inn</span>.</span><br /> - -<b>Hotel-keeper</b>—See <span class="smcap">Innkeeper</span>. - -<br /><br /><a name="I" id="I"></a><b>Improper persons</b>—need not be admitted into hotel, p. <a href="#page_10">10</a>.<br /> - -<b>Inevitable accident</b>—liability of innkeeper for, p. <a href="#page_47">47</a>.<br /> - -<b>Infant</b>—lien on goods of, p. <a href="#page_149">149</a>.<br /> - -<b>Inn</b>—derivation of word, p. <a href="#page_3">3</a>.<br /> -<span style="margin-left: 1em;">differs not from hotel, pp. <a href="#page_2">2</a>, <a href="#page_3">3</a>.</span><br /> -<span style="margin-left: 1em;">origin of, pp. <a href="#page_3">3</a>, <a href="#page_4">4</a>.</span><br /> -<span style="margin-left: 1em;">development of, p. <a href="#page_5">5</a>.</span><br /> -<span style="margin-left: 1em;">definition of, pp. <a href="#page_18">18</a>, <a href="#page_19">19</a>.</span><br /> -<span style="margin-left: 1em;">description of country inn, pp. <a href="#page_7">7</a>, <a href="#page_8">8</a>.</span><br /> -<span style="margin-left: 1em;">of city inn, p. <a href="#page_23">23</a>.</span><br /> -<span style="margin-left: 1em;">sign not essential to, p. <a href="#page_5">5</a>.</span><br /> - -<b>Innkeeper</b>—definition of, pp. <a href="#page_5">5</a>, <a href="#page_19">19</a>.<br /> -<span style="margin-left: 1em;">need not let guest choose a room, pp. <a href="#page_7">7</a>, <a href="#page_39">39</a>.</span><br /> -<span style="margin-left: 1em;">must receive all proper persons, pp. <a href="#page_9">9</a>, <a href="#page_167">167</a>.</span><br /> -<span style="margin-left: 1em;">but not those disorderly, p. <a href="#page_10">10</a>.</span><br /> -<span style="margin-left: 1em;">or having contagious disease, p. <a href="#page_10">10</a>.</span><br /> -<span style="margin-left: 1em;">or if house be full, p. <a href="#page_10">10</a>.</span><br /> -<span style="margin-left: 1em;">nor thieves, nor policemen, p. <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">sickness no excuse for refusing to receive guests, p. <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">nor absence, p. <a href="#page_11">11</a>.</span><br /> -<span style="margin-left: 1em;">nor being in bed, p. <a href="#page_13">13</a>.</span><br /> -<span style="margin-left: 1em;">but sickness of servants is, p. <a href="#page_12">12</a>.</span><br /> -<span style="margin-left: 1em;">or infancy, p. <a href="#page_12">12</a>.</span><br /> -<span style="margin-left: 2em;">See <span class="smcap">Lien</span>.</span><br /> -<span style="margin-left: 1em;">not bound to supply clothes, p. <a href="#page_19">19</a>.</span><br /> -<span style="margin-left: 1em;">liable for baggage lost in bus, pp. <a href="#page_22">22</a>, <a href="#page_62">62</a>.</span><br /> -<span class="pagenum"><a name="page_205" id="page_205">{205}</a></span><span style="margin-left: 1em;">for assault of servants upon guest, p. <a href="#page_30">30</a>.</span><br /> -<span style="margin-left: 1em;">for goods of guest lost or stolen, pp. <a href="#page_45">45</a>, <a href="#page_46">46</a>, <a href="#page_92">92</a>.</span><br /> -<span style="margin-left: 1em;">unless guest was negligent, pp. <a href="#page_45">45</a>, <a href="#page_108">108</a>.</span><br /> -<span style="margin-left: 1em;">are insurers of guest’s property, pp. <a href="#page_46">46</a>, <a href="#page_103">103</a>.</span><br /> -<span style="margin-left: 1em;">in whatever part of hotel, pp. <a href="#page_47">47</a>, <a href="#page_48">48</a>, <a href="#page_92">92</a>, <a href="#page_111">111</a>.</span><br /> -<span style="margin-left: 1em;">cannot make guest take charge, p. <a href="#page_48">48</a>.</span><br /> -<span style="margin-left: 1em;">when his liability ceases, pp. <a href="#page_61">61-63</a>.</span><br /> -<span style="margin-left: 1em;">liability for guest’s money, p. <a href="#page_90">90</a>.</span><br /> -<span style="margin-left: 1em;">for loss by fire, p. <a href="#page_103">103</a>.</span><br /> -<span style="margin-left: 1em;">for acts of mice, p. <a href="#page_104">104</a>.</span><br /> -<span style="margin-left: 1em;">for loss by burglars, p. <a href="#page_107">107</a>.</span><br /> -<span style="margin-left: 1em;">for horses and carriages, pp. <a href="#page_118">118-124</a>.</span><br /> -<span style="margin-left: 1em;">goods outside inn, p. <a href="#page_118">118</a>.</span><br /> -<span style="margin-left: 1em;">lien on horses, pp. <a href="#page_128">128-133</a>.</span><br /> - -<b>Intoxication</b>—loss of goods by guest, p. <a href="#page_58">58</a>.<br /> -<span style="margin-left: 1em;">innkeeper drunk in bed, p. <a href="#page_69">69</a>.</span> - -<br /><br /><a name="L" id="L"></a><b>Laundress</b>—liability of innkeeper to, p. <a href="#page_29">29</a>.<br /> - -<b>Lawyer’s dinners</b>—p. <a href="#page_34">34</a>.<br /> - -<b>Leakage of roof</b>—p. <a href="#page_180">180</a>.<br /> - -<b>Liability of innkeeper</b>—when it ceases, pp. <a href="#page_61">61</a>, <a href="#page_62">62</a>.<br /> -<span style="margin-left: 1em;">limitation of, p. <a href="#page_80">80</a>.</span><br /> -<span style="margin-left: 1em;">statutory limitation, p. <a href="#page_81">81</a>.</span><br /> -<span style="margin-left: 1em;">construed strictly, pp. <a href="#page_82">82</a>, <a href="#page_83">83</a>.</span><br /> -<span style="margin-left: 1em;">not applicable to horses, p. <a href="#page_120">120</a>.</span><br /> - -<b>Livery-stable keeper</b>—lien of, pp. <a href="#page_134">134</a>, <a href="#page_135">135</a>.<br /> - -<b>Locking door</b>—pp. <a href="#page_112">112</a>, <a href="#page_114">114</a>.<br /> - -<b>Lien</b>—right of, cannot be sold, pp. <a href="#page_131">131</a>, <a href="#page_148">148</a>.<br /> -<span style="margin-left: 1em;">on goods of third parties, pp. <a href="#page_132">132</a>, <a href="#page_146">146</a>, <a href="#page_150">150</a>.</span><br /> -<span style="margin-left: 1em;">special agreement as to payment, p. <a href="#page_134">134</a>.</span><br /> -<span style="margin-left: 1em;">of livery-stable keeper, p. <a href="#page_134">134</a>.</span><br /> -<span style="margin-left: 1em;">for improving horse, p. <a href="#page_135">135</a>.</span><br /> -<span style="margin-left: 1em;">none on person of guest, pp. <a href="#page_137">137</a>, <a href="#page_138">138</a>.</span><br /> -<span style="margin-left: 1em;">nor on clothing, pp. <a href="#page_137">137-140</a>.</span><br /> -<span style="margin-left: 1em;">why innkeepers have a, p. <a href="#page_144">144</a>.</span><br /> -<span style="margin-left: 1em;">only on goods of guests, pp. <a href="#page_145">145</a>, <a href="#page_146">146</a>.</span><br /> -<span style="margin-left: 1em;">when it ceases, p. <a href="#page_147">147</a>.</span><br /> -<span style="margin-left: 1em;">no limit to amount of, p. <a href="#page_148">148</a>.</span><br /> -<span style="margin-left: 1em;">boarding-house keepers, p. <a href="#page_169">169</a>.</span><br /> -<span style="margin-left: 1em;">See <span class="smcap">Horses</span>.</span> - -<br /><br /><a name="M" id="M"></a><b>Manners at table</b>—pp. <a href="#page_26">26</a>, <a href="#page_27">27</a>.<br /> - -<span class="pagenum"><a name="page_206" id="page_206">{206}</a></span><b>Matches</b>—taking, p. <a href="#page_102">102</a>.<br /> - -<b>Misstatements as to hotels</b>—p. <a href="#page_23">23</a>.<br /> - -<b>Money</b>—guest depositing in safe, p. <a href="#page_84">84</a>.<br /> -<span style="margin-left: 1em;">liability of landlord for, pp. <a href="#page_90">90</a>, <a href="#page_91">91</a>, <a href="#page_93">93</a>.</span><br /> -<span style="margin-left: 1em;">when entrusted to third party, p. <a href="#page_96">96</a>.</span><br /> - -<b>Mosquitoes</b>—p. <a href="#page_74">74</a>. - -<br /><br /><a name="N" id="N"></a><b>Necessaries of a wife</b>—pp. <a href="#page_32">32</a>, <a href="#page_33">33</a>.<br /> - -<b>Neighbor</b>—cannot be a guest, pp. <a href="#page_14">14</a>, <a href="#page_60">60</a>.<br /> -<span style="margin-left: 1em;">unless traveling, pp. <a href="#page_14">14</a>, <a href="#page_59">59</a>.</span><br /> - -<b>Noise of boarders</b>—pp. <a href="#page_120">120</a>, <a href="#page_121">121</a>, <a href="#page_198">198</a>, <a href="#page_199">199</a>.<br /> - -<b>Notice to quit</b>—pp. <a href="#page_191">191</a>, <a href="#page_194">194</a>. - -<br /><br /><a name="P" id="P"></a><b>Parties dining together</b>—p. <a href="#page_28">28</a>.<br /> - -<b>Prize candy</b>—p. <a href="#page_71">71</a>.<br /> - -<b>Pullman car</b>—not a common inn, pp. <a href="#page_76">76</a>, <a href="#page_77">77</a>. - -<br /><br /><a name="R" id="R"></a><b>Rats and mice</b>—depredations of, pp. <a href="#page_104">104</a>, <a href="#page_105">105</a>.<br /> - -<b>Refreshment bar</b>—not an inn, p. <a href="#page_35">35</a>.<br /> - -<b>Register</b>—guest need not enter name in, p. <a href="#page_13">13</a>.<br /> - -<b>Repairs</b>—liability of landlord for, pp. <a href="#page_180">180</a>, <a href="#page_181">181</a>.<br /> -<span style="margin-left: 1em;">after a fire, p. <a href="#page_195">195</a>.</span><br /> - -<b>Restaurant</b>—not an inn, p. <a href="#page_35">35</a>.<br /> - -<b>Robbery</b>—liability of host for loss of guest’s goods, pp. <a href="#page_45">45</a>, <a href="#page_92">92</a>, <a href="#page_94">94</a>.<br /> -<span style="margin-left: 1em;">by guest, pp. <a href="#page_53">53</a>, <a href="#page_110">110</a>.</span><br /> - -<b>Room</b>—landlord to choose, pp. <a href="#page_7">7</a>, <a href="#page_39">39</a>.<br /> -<span style="margin-left: 1em;">trespassing on guest’s, p. <a href="#page_73">73</a>.</span> - -<br /><br /><a name="S" id="S"></a><b>Safe</b>—depositing in, p. <a href="#page_79">79</a>.<br /> -<span style="margin-left: 1em;">See <span class="smcap">Valuables</span>.</span><br /> - -<b>Shaving</b>—when barber liable for accidents, p. <a href="#page_99">99</a>.<br /> - -<b>Singing</b>—of fellow-boarders, pp. <a href="#page_120">120</a>, <a href="#page_121">121</a>.<br /> - -<b>Sleeping-car owners</b>—neither innkeepers nor common carriers, pp. <a href="#page_76">76</a>, <a href="#page_77">77</a>.<br /> - -<b>Smells</b>—effect on tenants’ rights of noxious, pp. <a href="#page_186">186</a>, <a href="#page_187">187</a>.<br /> - -<b>Stables</b>—not a necessary for an inn, p. <a href="#page_19">19</a>.<br /> -<span style="margin-left: 1em;">landlord’s liability for bad, pp. <a href="#page_120">120</a>, <a href="#page_121">121</a>.</span><br /> - -<b>Stove-pipe</b>—passing through room, p. <a href="#page_178">178</a>.<br /> - -<b>Sunday travelers</b>—must be admitted by innkeeper, p. <a href="#page_13">13</a>. - -<br /><br /><a name="T" id="T"></a><b>Tavern an inn</b>—p. <a href="#page_36">36</a>.<br /> - -<b>Tender of payment</b>—by guest, pp. <a href="#page_9">9</a>, <a href="#page_10">10</a>.<br /> - -<span class="pagenum"><a name="page_207" id="page_207">{207}</a></span><b>Traveler</b>—who is a, p. <a href="#page_59">59</a>. - -<br /><br /><a name="V" id="V"></a><b>Valuables</b>—when need be deposited in safe, p. <a href="#page_48">48</a>.<br /> -<span style="margin-left: 1em;">notice of rule as to deposit of, pp. <a href="#page_49">49</a>, <a href="#page_50">50</a>, <a href="#page_79">79</a>.</span><br /> -<span style="margin-left: 1em;">personal jewelry, p. <a href="#page_79">79</a>.</span><br /> -<span style="margin-left: 1em;">when to be deposited, pp. <a href="#page_84">84</a>, <a href="#page_96">96</a>.</span> - -<br /><br /><a name="W" id="W"></a><b>Watch</b>—as to depositing in safe, pp. <a href="#page_79">79</a>, <a href="#page_80">80</a>, <a href="#page_83">83</a>, <a href="#page_85">85</a>.<br /> - -<b>Watering-place</b>—hotel at, p. <a href="#page_168">168</a>.<br /> - -<b>Water-pipes</b>—leakage of, p. <a href="#page_178">178</a>.<br /> -</p> - -<div class="footnotes"><p class="cb">FOOTNOTES:</p> - -<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> Taylor <i>v.</i> Monnot, 4 Duer, 116; Jones <i>v.</i> Osborn, 2 Chit. -486.</p></div> - -<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> People <i>v.</i> Jones, 54 N. Y. (Barb.) 311; St. Louis <i>v.</i> -Siegrist, 46 Mo. 593.</p></div> - -<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Wharton’s Law of Innkeepers, 8.</p></div> - -<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> Gen. xlii:27.</p></div> - -<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Bac. Abr. Innk. B; Parker <i>v.</i> Flint, 12 Mod. 255; -Dickinson <i>v.</i> Rodgers, 4 Humph. (Tenn.) 179.</p></div> - -<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> Fell <i>v.</i> Knight, 8 Mees. & W. 269; Doyle <i>v.</i> Walker, 26 -Q. B. (Ont.) 502.</p></div> - -<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> Taylor <i>v.</i> Humphreys, 30 Law J. 262; Watson <i>v.</i> Cross, 2 -Duval, (Ky.) 147; Newton <i>v.</i> Trigg, 1 Show. 276; Commonwealth <i>v.</i> -Mitchell, 1 Phil. (Pa.) 63.</p></div> - -<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> Rex <i>v.</i> Ivens, 7 Car. & P. 213.</p></div> - -<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Fell <i>v.</i> Knight, 8 Mees. & W. 276.</p></div> - -<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> Wharton, p. 78.</p></div> - -<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> Doyle <i>v.</i> Walker, 26 Q. B. (Ont.) 502.</p></div> - -<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> Fell <i>v.</i> Knight, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> Howell <i>v.</i> Jackson, 6 Car. & P. 742; Moriarty <i>v.</i> -Brooks, Ibid. 634.</p></div> - -<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> Markham <i>v.</i> Brown, 8 N. H. 523; Fell <i>v.</i> Knight, -<i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> Rex <i>v.</i> Ivens, <i>supra</i>; Fell <i>v.</i> Knight, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> Roll. Abr. 3 F; White’s Case, Dyer, 158.</p></div> - -<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> Marshall <i>v.</i> Fox, Law Rep. 6 Q. B. 370; Markham <i>v.</i> -Brown, 8 N.H. 523.</p></div> - -<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> Mullins <i>v.</i> Collins, 43 Law J. M. C. 67.</p></div> - -<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> Markham <i>v.</i> Brown, <i>supra</i>; Pinkerton <i>v.</i> Woodward, 33 -Cal. 557.</p></div> - -<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> Bac. Abr. Inns, c. 4; Cross <i>v.</i> Andrews, Cro. Eliz. 622.</p></div> - -<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> Addison on Torts, 938. But see Com. Dig. vol. 1, p. 413.</p></div> - -<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> Curw. Hawk. 714.</p></div> - -<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> Cayle’s Case, 8 Coke, 32.</p></div> - -<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Rex <i>v.</i> Luellin, 12 Mod. 445; Reg. <i>v.</i> Rymner, L. R. 2 -Q. B. D. 136.</p></div> - -<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> Fell <i>v.</i> Knight, 8 Mees. & W. 269.</p></div> - -<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> Fell <i>v.</i> Knight, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> Rex <i>v.</i> Ivens, 7 Car. &. P. 213.</p></div> - -<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> “Did you see that absurd paragraph concerning a traveler -who was writing his name in the book when a B. B. sallied out of a crack -and took his way slowly and sedately across the page. The newly arrived -paused and remarked: ‘I’ve been bled by St. Joe fleas, bitten by Kansas -City spiders, and interviewed by Fort Scot graybacks, but I’ll be hanged -if I ever was in a place before where the bedbugs looked over the hotel -register to find out where your room was.’<span class="lftspc">”</span> -</p><p> -“It is generally not necessary for them to take that trouble,” I -replied.</p></div> - -<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> Rex <i>v.</i> Ivens, 7 Car. & P. 213.</p></div> - -<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> Bac. Abr. vol. 4, p. 448.</p></div> - -<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> Walling <i>v.</i> Potter, 35 Conn. 183.</p></div> - -<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> Cayle’s Case.</p></div> - -<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> Roll. Abr. 95.</p></div> - -<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> 1 Blackst. Com. 430.</p></div> - -<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> Hart <i>v.</i> Windsor, 12 Mees. & W. 68.</p></div> - -<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> Sutton <i>v.</i> Temple, Ibid. 52, 60.</p></div> - -<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> Peters. Abr. vol. 5, p. 159; Jeremy on Bailments, 139.</p></div> - -<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> Thompson <i>v.</i> Lacy, 3 B. & Ald. 203. See also Dickenson -<i>v.</i> Rodgers, 4 Humph. 179.</p></div> - -<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> Bacon’s Abr. Inns, C.</p></div> - -<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> Thompson <i>v.</i> Lacy, 3 B. & Ald. 283.</p></div> - -<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> Wintermute <i>v.</i> Clarke, 5 Sand. 247; Pinkerton <i>v.</i> -Woodward, 33 Cal. 557.</p></div> - -<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Parker <i>v.</i> Flint, 12 Mod. 255; Parkhurst <i>v.</i> Foster, -Salk. 287.</p></div> - -<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> Bacon’s Abr. Inn. C.</p></div> - -<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> Lyon <i>v.</i> Smith, 1 Morris, 184; State <i>v.</i> Mathews, 2 Dev. -& B. 424; Bonner <i>v.</i> Welborn, 7 Geo. 296. But see Commonwealth <i>v.</i> -Wetherbee, 101 Mass. 214.</p></div> - -<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> Thompson <i>v.</i> Lacy, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> Krohn <i>v.</i> Sweeny, 2 Daly, N. Y. 200.</p></div> - -<div class="footnote"><p><a name="Footnote_47_47" id="Footnote_47_47"></a><a href="#FNanchor_47_47"><span class="label">[47]</span></a> Willard <i>v.</i> Reinhardt, 2 E. D. Smith, 148.</p></div> - -<div class="footnote"><p><a name="Footnote_48_48" id="Footnote_48_48"></a><a href="#FNanchor_48_48"><span class="label">[48]</span></a> Dickinson <i>v.</i> Winchester, 4 Cush. 114.</p></div> - -<div class="footnote"><p><a name="Footnote_49_49" id="Footnote_49_49"></a><a href="#FNanchor_49_49"><span class="label">[49]</span></a> Bacon’s Abr. Inns, B.</p></div> - -<div class="footnote"><p><a name="Footnote_50_50" id="Footnote_50_50"></a><a href="#FNanchor_50_50"><span class="label">[50]</span></a> Robinson <i>v.</i> Cove, 22 Vt. 213; Butterfield <i>v.</i> -Forrester, 11 East, 60; Rathbun <i>v.</i> Payne, 19 Wend. 399.</p></div> - -<div class="footnote"><p><a name="Footnote_51_51" id="Footnote_51_51"></a><a href="#FNanchor_51_51"><span class="label">[51]</span></a> Commonwealth <i>v.</i> Mitchell, 2 Pars. Sel. Cas. 431.</p></div> - -<div class="footnote"><p><a name="Footnote_52_52" id="Footnote_52_52"></a><a href="#FNanchor_52_52"><span class="label">[52]</span></a> Commonwealth <i>v.</i> Mitchell, 1 Phila. 63.</p></div> - -<div class="footnote"><p><a name="Footnote_53_53" id="Footnote_53_53"></a><a href="#FNanchor_53_53"><span class="label">[53]</span></a> Kelsey <i>v.</i> Henry, 49 Ill. 488.</p></div> - -<div class="footnote"><p><a name="Footnote_54_54" id="Footnote_54_54"></a><a href="#FNanchor_54_54"><span class="label">[54]</span></a> Prendergast <i>v.</i> Compton, 8 Car. & P. 454.</p></div> - -<div class="footnote"><p><a name="Footnote_55_55" id="Footnote_55_55"></a><a href="#FNanchor_55_55"><span class="label">[55]</span></a> Dons de Comus, Paris, 1758.</p></div> - -<div class="footnote"><p><a name="Footnote_56_56" id="Footnote_56_56"></a><a href="#FNanchor_56_56"><span class="label">[56]</span></a> Foster <i>v.</i> Taylor, 3 Camp. N. P. 49.</p></div> - -<div class="footnote"><p><a name="Footnote_57_57" id="Footnote_57_57"></a><a href="#FNanchor_57_57"><span class="label">[57]</span></a> Foster <i>v.</i> Taylor, 3 Camp. N. P. 49.</p></div> - -<div class="footnote"><p><a name="Footnote_58_58" id="Footnote_58_58"></a><a href="#FNanchor_58_58"><span class="label">[58]</span></a> Collard <i>v.</i> White, 1 Starkie. 171.</p></div> - -<div class="footnote"><p><a name="Footnote_59_59" id="Footnote_59_59"></a><a href="#FNanchor_59_59"><span class="label">[59]</span></a> Bacon’s Abr. Inns, C.</p></div> - -<div class="footnote"><p><a name="Footnote_60_60" id="Footnote_60_60"></a><a href="#FNanchor_60_60"><span class="label">[60]</span></a> Ambler <i>v.</i> Skinner, 7 Rob. (N. Y.) 561.</p></div> - -<div class="footnote"><p><a name="Footnote_61_61" id="Footnote_61_61"></a><a href="#FNanchor_61_61"><span class="label">[61]</span></a> Wade <i>v.</i> Thayer, 40. Cal. 578.</p></div> - -<div class="footnote"><p><a name="Footnote_62_62" id="Footnote_62_62"></a><a href="#FNanchor_62_62"><span class="label">[62]</span></a> Lane <i>v.</i> Ironmonger, 13 Mees. & W. 368.</p></div> - -<div class="footnote"><p><a name="Footnote_63_63" id="Footnote_63_63"></a><a href="#FNanchor_63_63"><span class="label">[63]</span></a> Atkins <i>v.</i> Carwood, 7 Car. & P. 759.</p></div> - -<div class="footnote"><p><a name="Footnote_64_64" id="Footnote_64_64"></a><a href="#FNanchor_64_64"><span class="label">[64]</span></a> Freestone <i>v.</i> Butcher, 9 Car. & P. 643.</p></div> - -<div class="footnote"><p><a name="Footnote_65_65" id="Footnote_65_65"></a><a href="#FNanchor_65_65"><span class="label">[65]</span></a> Parke <i>v.</i> Kleeber, 37 Pa. St. 251.</p></div> - -<div class="footnote"><p><a name="Footnote_66_66" id="Footnote_66_66"></a><a href="#FNanchor_66_66"><span class="label">[66]</span></a> Gilman <i>v.</i> Andrus, 28 Vt. 241.</p></div> - -<div class="footnote"><p><a name="Footnote_67_67" id="Footnote_67_67"></a><a href="#FNanchor_67_67"><span class="label">[67]</span></a> Wood <i>v.</i> Kelly, 8 Cush. 406.</p></div> - -<div class="footnote"><p><a name="Footnote_68_68" id="Footnote_68_68"></a><a href="#FNanchor_68_68"><span class="label">[68]</span></a> Carpenter <i>v.</i> Taylor, 1 Hilt. (N. Y.) 193.</p></div> - -<div class="footnote"><p><a name="Footnote_69_69" id="Footnote_69_69"></a><a href="#FNanchor_69_69"><span class="label">[69]</span></a> Regina <i>v.</i> Rymer, L. R. 2 Q. B. D. 136.</p></div> - -<div class="footnote"><p><a name="Footnote_70_70" id="Footnote_70_70"></a><a href="#FNanchor_70_70"><span class="label">[70]</span></a> Bennett <i>v.</i> Mellor, 5 T. R. 276. See, also, Houser <i>v.</i> -Tully, 62 Pa. St. 92.</p></div> - -<div class="footnote"><p><a name="Footnote_71_71" id="Footnote_71_71"></a><a href="#FNanchor_71_71"><span class="label">[71]</span></a> Southcote <i>v.</i> Stanley, 1 Hurl. & N. 247.</p></div> - -<div class="footnote"><p><a name="Footnote_72_72" id="Footnote_72_72"></a><a href="#FNanchor_72_72"><span class="label">[72]</span></a> Per Pollock, B. C.</p></div> - -<div class="footnote"><p><a name="Footnote_73_73" id="Footnote_73_73"></a><a href="#FNanchor_73_73"><span class="label">[73]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_74_74" id="Footnote_74_74"></a><a href="#FNanchor_74_74"><span class="label">[74]</span></a> Southcote <i>v.</i> Stanley, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_75_75" id="Footnote_75_75"></a><a href="#FNanchor_75_75"><span class="label">[75]</span></a> Doyle <i>v.</i> Walker, 26 Q. B. (Ont.) 502.</p></div> - -<div class="footnote"><p><a name="Footnote_76_76" id="Footnote_76_76"></a><a href="#FNanchor_76_76"><span class="label">[76]</span></a> Fell <i>v.</i> Knight, 8 Mees. & W. 276.</p></div> - -<div class="footnote"><p><a name="Footnote_77_77" id="Footnote_77_77"></a><a href="#FNanchor_77_77"><span class="label">[77]</span></a> Lane <i>v.</i> Dixon, 3 M. G. & S. 784.</p></div> - -<div class="footnote"><p><a name="Footnote_78_78" id="Footnote_78_78"></a><a href="#FNanchor_78_78"><span class="label">[78]</span></a> Doyle <i>v.</i> Walker, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_79_79" id="Footnote_79_79"></a><a href="#FNanchor_79_79"><span class="label">[79]</span></a> Fell <i>v.</i> Knight, 8 Mees. & W. 276.</p></div> - -<div class="footnote"><p><a name="Footnote_80_80" id="Footnote_80_80"></a><a href="#FNanchor_80_80"><span class="label">[80]</span></a> McDonald <i>v.</i> Edgerton, 5 Barb. (N. Y.) 560</p></div> - -<div class="footnote"><p><a name="Footnote_81_81" id="Footnote_81_81"></a><a href="#FNanchor_81_81"><span class="label">[81]</span></a> Bacon’s Abr. Inns, C; Gelley <i>v.</i> Clark, Cro. J. 188.</p></div> - -<div class="footnote"><p><a name="Footnote_82_82" id="Footnote_82_82"></a><a href="#FNanchor_82_82"><span class="label">[82]</span></a> Murray <i>v.</i> Clarke, 2 Daly, (N. Y.) 102.</p></div> - -<div class="footnote"><p><a name="Footnote_83_83" id="Footnote_83_83"></a><a href="#FNanchor_83_83"><span class="label">[83]</span></a> For answer, see page 103.</p></div> - -<div class="footnote"><p><a name="Footnote_84_84" id="Footnote_84_84"></a><a href="#FNanchor_84_84"><span class="label">[84]</span></a> Regina <i>v.</i> Rymer, L. R. 2 Q. B. D. 141.</p></div> - -<div class="footnote"><p><a name="Footnote_85_85" id="Footnote_85_85"></a><a href="#FNanchor_85_85"><span class="label">[85]</span></a> Kent <i>v.</i> Shuckard, 2 Barn. & Adol. 803.</p></div> - -<div class="footnote"><p><a name="Footnote_86_86" id="Footnote_86_86"></a><a href="#FNanchor_86_86"><span class="label">[86]</span></a> Cashill <i>v.</i> Wright, 6 El. & B. 89.</p></div> - -<div class="footnote"><p><a name="Footnote_87_87" id="Footnote_87_87"></a><a href="#FNanchor_87_87"><span class="label">[87]</span></a> Year Book, 10 Henry VII, 26.</p></div> - -<div class="footnote"><p><a name="Footnote_88_88" id="Footnote_88_88"></a><a href="#FNanchor_88_88"><span class="label">[88]</span></a> Morgan <i>v.</i> Ravey, 6 Hurl. & N. 265.</p></div> - -<div class="footnote"><p><a name="Footnote_89_89" id="Footnote_89_89"></a><a href="#FNanchor_89_89"><span class="label">[89]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_90_90" id="Footnote_90_90"></a><a href="#FNanchor_90_90"><span class="label">[90]</span></a> Shaw <i>v.</i> Berry, 31 Me. 478; Sibley <i>v.</i> Aldrich, 33 N. H. -553.</p></div> - -<div class="footnote"><p><a name="Footnote_91_91" id="Footnote_91_91"></a><a href="#FNanchor_91_91"><span class="label">[91]</span></a> Kellogg <i>v.</i> Sweeney, 1 Lans. (N. Y.) 397.</p></div> - -<div class="footnote"><p><a name="Footnote_92_92" id="Footnote_92_92"></a><a href="#FNanchor_92_92"><span class="label">[92]</span></a> Rockwell <i>v.</i> Proctor, 39 Ga. 105.</p></div> - -<div class="footnote"><p><a name="Footnote_93_93" id="Footnote_93_93"></a><a href="#FNanchor_93_93"><span class="label">[93]</span></a> Wilde, J., Mason <i>v.</i> Thompson, 9 Pick. 280.</p></div> - -<div class="footnote"><p><a name="Footnote_94_94" id="Footnote_94_94"></a><a href="#FNanchor_94_94"><span class="label">[94]</span></a> Jones on Bailments, pp. 95-96.</p></div> - -<div class="footnote"><p><a name="Footnote_95_95" id="Footnote_95_95"></a><a href="#FNanchor_95_95"><span class="label">[95]</span></a> Wharton on Innkeepers, p. 88.</p></div> - -<div class="footnote"><p><a name="Footnote_96_96" id="Footnote_96_96"></a><a href="#FNanchor_96_96"><span class="label">[96]</span></a> Cayle’s Case; Packard <i>v.</i> Northcraft, 2 Met. (Ky.) 439; -Norcross <i>v.</i> Norcross, 53 Me. 163; Burrows <i>v.</i> Truber, 21 Md. 320; -McDonald <i>v.</i> Edgerton, 5 Barb. 560; Coykendall <i>v.</i> Eaton, 55 Barb. -188.</p></div> - -<div class="footnote"><p><a name="Footnote_97_97" id="Footnote_97_97"></a><a href="#FNanchor_97_97"><span class="label">[97]</span></a> Hallenbake <i>v.</i> Fish, 8 Wend. 547.</p></div> - -<div class="footnote"><p><a name="Footnote_98_98" id="Footnote_98_98"></a><a href="#FNanchor_98_98"><span class="label">[98]</span></a> Chute <i>v.</i> Wiggins, 14 Johns. 175.</p></div> - -<div class="footnote"><p><a name="Footnote_99_99" id="Footnote_99_99"></a><a href="#FNanchor_99_99"><span class="label">[99]</span></a> Epps <i>v.</i> Hinds, 27 Miss. 657; Simon <i>v.</i> Miller, 7 La. -An. 368.</p></div> - -<div class="footnote"><p><a name="Footnote_100_100" id="Footnote_100_100"></a><a href="#FNanchor_100_100"><span class="label">[100]</span></a> Candy <i>v.</i> Spencer, 3 Fost. & F. 306.</p></div> - -<div class="footnote"><p><a name="Footnote_101_101" id="Footnote_101_101"></a><a href="#FNanchor_101_101"><span class="label">[101]</span></a> Bennett <i>v.</i> Mellor, 5 Term. Rep. 273.</p></div> - -<div class="footnote"><p><a name="Footnote_102_102" id="Footnote_102_102"></a><a href="#FNanchor_102_102"><span class="label">[102]</span></a> Johnson <i>v.</i> Richardson, 17 Ill. 302; Piper <i>v.</i> Hall, 14 -La. An. 324; Profilet <i>v.</i> Hall, Ibid. 524.</p></div> - -<div class="footnote"><p><a name="Footnote_103_103" id="Footnote_103_103"></a><a href="#FNanchor_103_103"><span class="label">[103]</span></a> Saunders <i>v.</i> Spencer, Dyer, 266a; Wilson <i>v.</i> Halpin, 30 -How. Pr. 124; Packard <i>v.</i> Northcraft, 2 Met. (Ky.) 439; Fuller <i>v.</i> -Coats, 18 Ohio St. 343.</p></div> - -<div class="footnote"><p><a name="Footnote_104_104" id="Footnote_104_104"></a><a href="#FNanchor_104_104"><span class="label">[104]</span></a> Stanton <i>v.</i> Leland, 4 E. D. Smith, 88; Kellogg <i>v.</i> -Sweeney, 1 Lans. N. Y. 397.</p></div> - -<div class="footnote"><p><a name="Footnote_105_105" id="Footnote_105_105"></a><a href="#FNanchor_105_105"><span class="label">[105]</span></a> Van Wyck <i>v.</i> Howard, 12 How. Pr. 147.</p></div> - -<div class="footnote"><p><a name="Footnote_106_106" id="Footnote_106_106"></a><a href="#FNanchor_106_106"><span class="label">[106]</span></a> Profilet <i>v.</i> Hall, 16 La. An. 524.</p></div> - -<div class="footnote"><p><a name="Footnote_107_107" id="Footnote_107_107"></a><a href="#FNanchor_107_107"><span class="label">[107]</span></a> Morgan <i>v.</i> Ravey, 30 L. J. Exch. 131, per Wilde, B.; 6 -Hurl. & N. 265.</p></div> - -<div class="footnote"><p><a name="Footnote_108_108" id="Footnote_108_108"></a><a href="#FNanchor_108_108"><span class="label">[108]</span></a> Bernstein <i>v.</i> Sweeny, 33 N. Y. Sup. Ct. 271. See, also, -Kent <i>v.</i> Midland Rwy. L. R. 10 B. 1; Henderson <i>v.</i> Stevenson, L. R. 2 -Scotch & D. 470.</p></div> - -<div class="footnote"><p><a name="Footnote_109_109" id="Footnote_109_109"></a><a href="#FNanchor_109_109"><span class="label">[109]</span></a> Purvis <i>v.</i> Coleman. 21 N. Y. 111.</p></div> - -<div class="footnote"><p><a name="Footnote_110_110" id="Footnote_110_110"></a><a href="#FNanchor_110_110"><span class="label">[110]</span></a> Farnsworth <i>v.</i> Packwood, 1 Stark. 249; Packard <i>v.</i> -Northcraft, 2 Met. (Ky.) 439; Vance <i>v.</i> Throckmorton, 5 Bush, (Ky.) -41.</p></div> - -<div class="footnote"><p><a name="Footnote_111_111" id="Footnote_111_111"></a><a href="#FNanchor_111_111"><span class="label">[111]</span></a> Farnsworth <i>v.</i> Packwood, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_112_112" id="Footnote_112_112"></a><a href="#FNanchor_112_112"><span class="label">[112]</span></a> Burgess <i>v.</i> Clements, 4 Maule & S. 307.</p></div> - -<div class="footnote"><p><a name="Footnote_113_113" id="Footnote_113_113"></a><a href="#FNanchor_113_113"><span class="label">[113]</span></a> Packard <i>v.</i> Northcraft, 2 Met. (Ky.) 439.</p></div> - -<div class="footnote"><p><a name="Footnote_114_114" id="Footnote_114_114"></a><a href="#FNanchor_114_114"><span class="label">[114]</span></a> Richmond <i>v.</i> Smith, 8 Barn. & C. 9.</p></div> - -<div class="footnote"><p><a name="Footnote_115_115" id="Footnote_115_115"></a><a href="#FNanchor_115_115"><span class="label">[115]</span></a> Richmond <i>v.</i> Smith, 8 Barn. & C. 9.</p></div> - -<div class="footnote"><p><a name="Footnote_116_116" id="Footnote_116_116"></a><a href="#FNanchor_116_116"><span class="label">[116]</span></a> Jailei <i>v.</i> Cardinal, 35 Wis. 118.</p></div> - -<div class="footnote"><p><a name="Footnote_117_117" id="Footnote_117_117"></a><a href="#FNanchor_117_117"><span class="label">[117]</span></a> Dessauer <i>v.</i> Baker, 1 Wilson (Ind.) 429.</p></div> - -<div class="footnote"><p><a name="Footnote_118_118" id="Footnote_118_118"></a><a href="#FNanchor_118_118"><span class="label">[118]</span></a> Milford <i>v.</i> Wesley, 1 Wilson (Ind.) 119.</p></div> - -<div class="footnote"><p><a name="Footnote_119_119" id="Footnote_119_119"></a><a href="#FNanchor_119_119"><span class="label">[119]</span></a> Walsh <i>v.</i> Porterfield, Sup. Ct. Pa. 19 Alb. L. J. 376.</p></div> - -<div class="footnote"><p><a name="Footnote_120_120" id="Footnote_120_120"></a><a href="#FNanchor_120_120"><span class="label">[120]</span></a> Bacon, Abridg., vol. 4, p. 448.</p></div> - -<div class="footnote"><p><a name="Footnote_121_121" id="Footnote_121_121"></a><a href="#FNanchor_121_121"><span class="label">[121]</span></a> McDonald <i>v.</i> Edgerton, 5 Barb. 560; Bennett <i>v.</i> Mellor, -5 T. R. 274.</p></div> - -<div class="footnote"><p><a name="Footnote_122_122" id="Footnote_122_122"></a><a href="#FNanchor_122_122"><span class="label">[122]</span></a> Per Cockburn, C. J., Atkinson <i>v.</i> Sellars, 5 C. B. N. S. -442.</p></div> - -<div class="footnote"><p><a name="Footnote_123_123" id="Footnote_123_123"></a><a href="#FNanchor_123_123"><span class="label">[123]</span></a> Walling <i>v.</i> Potter, 35 Conn. 183.</p></div> - -<div class="footnote"><p><a name="Footnote_124_124" id="Footnote_124_124"></a><a href="#FNanchor_124_124"><span class="label">[124]</span></a> Grinnell <i>v.</i> Cook, 3 Hill, (N. Y.) 486.</p></div> - -<div class="footnote"><p><a name="Footnote_125_125" id="Footnote_125_125"></a><a href="#FNanchor_125_125"><span class="label">[125]</span></a> Carter <i>v.</i> Hobbs, 12 Mich. 52.</p></div> - -<div class="footnote"><p><a name="Footnote_126_126" id="Footnote_126_126"></a><a href="#FNanchor_126_126"><span class="label">[126]</span></a> Gelley <i>v.</i> Clarke, Cro. Jac. 188; Orange Co. Bank <i>v.</i> -Brown, 9 Wend. 114.</p></div> - -<div class="footnote"><p><a name="Footnote_127_127" id="Footnote_127_127"></a><a href="#FNanchor_127_127"><span class="label">[127]</span></a> York <i>v.</i> Grindstone, 1 Salk. 388; Mason <i>v.</i> Thompson, 9 -Pick. 280; Peet <i>v.</i> McGraw, 25 Wend. 653.</p></div> - -<div class="footnote"><p><a name="Footnote_128_128" id="Footnote_128_128"></a><a href="#FNanchor_128_128"><span class="label">[128]</span></a> Ingalsbee <i>v.</i> Woods, 33 N. Y. 577; Parsons on Contracts, -vol. 2, p. 153.</p></div> - -<div class="footnote"><p><a name="Footnote_129_129" id="Footnote_129_129"></a><a href="#FNanchor_129_129"><span class="label">[129]</span></a> York <i>v.</i> Grindstone, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_130_130" id="Footnote_130_130"></a><a href="#FNanchor_130_130"><span class="label">[130]</span></a> McDaniels <i>v.</i> Robinson, 26 Vt. 316.</p></div> - -<div class="footnote"><p><a name="Footnote_131_131" id="Footnote_131_131"></a><a href="#FNanchor_131_131"><span class="label">[131]</span></a> Parkhurst <i>v.</i> Foster, Sal. 388.</p></div> - -<div class="footnote"><p><a name="Footnote_132_132" id="Footnote_132_132"></a><a href="#FNanchor_132_132"><span class="label">[132]</span></a> Pinkerton <i>v.</i> Woodward, 33 Cal. 557.</p></div> - -<div class="footnote"><p><a name="Footnote_133_133" id="Footnote_133_133"></a><a href="#FNanchor_133_133"><span class="label">[133]</span></a> Shoecraft <i>v.</i> Bailey, 25 Iowa, 553; Berkshire Woollen -Co. <i>v.</i> Proctor, 7 Cush. 417; Hall <i>v.</i> Pike, 100 Mass. 495.</p></div> - -<div class="footnote"><p><a name="Footnote_134_134" id="Footnote_134_134"></a><a href="#FNanchor_134_134"><span class="label">[134]</span></a> Chamberlain <i>v.</i> Masterson, 26 Ala. 371; Manning <i>v.</i> -Wells, 9 Humph. 746; Ewart <i>v.</i> Stark, 8 Rich. 423; Hursh <i>v.</i> Beyers, -29 Mo. 469; Parkhurst <i>v.</i> Foster, Sal. 388.</p></div> - -<div class="footnote"><p><a name="Footnote_135_135" id="Footnote_135_135"></a><a href="#FNanchor_135_135"><span class="label">[135]</span></a> Parker <i>v.</i> Flint, 12 Mod. 255.</p></div> - -<div class="footnote"><p><a name="Footnote_136_136" id="Footnote_136_136"></a><a href="#FNanchor_136_136"><span class="label">[136]</span></a> Lusk <i>v.</i> Belote, 22 Minn. 468.</p></div> - -<div class="footnote"><p><a name="Footnote_137_137" id="Footnote_137_137"></a><a href="#FNanchor_137_137"><span class="label">[137]</span></a> Wintermate <i>v.</i> Clarke, 5 Sandf. 262; Lawrence <i>v.</i> -Howard, 1 Utah T. 142.</p></div> - -<div class="footnote"><p><a name="Footnote_138_138" id="Footnote_138_138"></a><a href="#FNanchor_138_138"><span class="label">[138]</span></a> McDaniels <i>v.</i> Robinson, 28 Vt. 387.</p></div> - -<div class="footnote"><p><a name="Footnote_139_139" id="Footnote_139_139"></a><a href="#FNanchor_139_139"><span class="label">[139]</span></a> Corkindale <i>v.</i> Eaton, 40 How. N. Y. Pr. 266.</p></div> - -<div class="footnote"><p><a name="Footnote_140_140" id="Footnote_140_140"></a><a href="#FNanchor_140_140"><span class="label">[140]</span></a> Sasseen <i>v.</i> Clark, 37 Ga. 242.</p></div> - -<div class="footnote"><p><a name="Footnote_141_141" id="Footnote_141_141"></a><a href="#FNanchor_141_141"><span class="label">[141]</span></a> Giles <i>v.</i> Fauntleroy, 13 Md. 126.</p></div> - -<div class="footnote"><p><a name="Footnote_142_142" id="Footnote_142_142"></a><a href="#FNanchor_142_142"><span class="label">[142]</span></a> Adams <i>v.</i> Clenn, 41 Ga. 65.</p></div> - -<div class="footnote"><p><a name="Footnote_143_143" id="Footnote_143_143"></a><a href="#FNanchor_143_143"><span class="label">[143]</span></a> Stanton <i>v.</i> Leland, 4 E. D. Smith, 88.</p></div> - -<div class="footnote"><p><a name="Footnote_144_144" id="Footnote_144_144"></a><a href="#FNanchor_144_144"><span class="label">[144]</span></a> Bendetson <i>v.</i> French, 46 N. Y. 266; Kellogg <i>v.</i> -Sweeney, Ibid. 291.</p></div> - -<div class="footnote"><p><a name="Footnote_145_145" id="Footnote_145_145"></a><a href="#FNanchor_145_145"><span class="label">[145]</span></a> Good <i>v.</i> Elliott, 3 T. R. 693.</p></div> - -<div class="footnote"><p><a name="Footnote_146_146" id="Footnote_146_146"></a><a href="#FNanchor_146_146"><span class="label">[146]</span></a> Da Costa <i>v.</i> Jones, Cowper, 729.</p></div> - -<div class="footnote"><p><a name="Footnote_147_147" id="Footnote_147_147"></a><a href="#FNanchor_147_147"><span class="label">[147]</span></a> McAllister <i>v.</i> Haden. 2 Campb. 436.</p></div> - -<div class="footnote"><p><a name="Footnote_148_148" id="Footnote_148_148"></a><a href="#FNanchor_148_148"><span class="label">[148]</span></a> Hussey <i>v.</i> Crickett, 3 Campb. 160.</p></div> - -<div class="footnote"><p><a name="Footnote_149_149" id="Footnote_149_149"></a><a href="#FNanchor_149_149"><span class="label">[149]</span></a> Earl of March <i>v.</i> Pigot, 5 Burr. 2802.</p></div> - -<div class="footnote"><p><a name="Footnote_150_150" id="Footnote_150_150"></a><a href="#FNanchor_150_150"><span class="label">[150]</span></a> Squires <i>v.</i> Whisken, 3 Camp. 140.</p></div> - -<div class="footnote"><p><a name="Footnote_151_151" id="Footnote_151_151"></a><a href="#FNanchor_151_151"><span class="label">[151]</span></a> See 8 and 9 Vict., chap. 109.</p></div> - -<div class="footnote"><p><a name="Footnote_152_152" id="Footnote_152_152"></a><a href="#FNanchor_152_152"><span class="label">[152]</span></a> Savage <i>v.</i> Madden, 36 L. J. Ex. 178.</p></div> - -<div class="footnote"><p><a name="Footnote_153_153" id="Footnote_153_153"></a><a href="#FNanchor_153_153"><span class="label">[153]</span></a> Hampden <i>v.</i> Walsh, L. R. 1 Q. B. Div. 189.</p></div> - -<div class="footnote"><p><a name="Footnote_154_154" id="Footnote_154_154"></a><a href="#FNanchor_154_154"><span class="label">[154]</span></a> Ruchman <i>v.</i> Pitcher, 1 Comst. 392.</p></div> - -<div class="footnote"><p><a name="Footnote_155_155" id="Footnote_155_155"></a><a href="#FNanchor_155_155"><span class="label">[155]</span></a> Garrison <i>v.</i> McGregor, 51 Ill. 473; Adkins <i>v.</i> Fleming, -29 Iowa, 122; Searle <i>v.</i> Prevost, 4 Houst. (Del.) 467. But see Johnston -<i>v.</i> Russell, 37 Cal. 670.</p></div> - -<div class="footnote"><p><a name="Footnote_156_156" id="Footnote_156_156"></a><a href="#FNanchor_156_156"><span class="label">[156]</span></a> Eldred <i>v.</i> Malloy, 2 Col. 320.</p></div> - -<div class="footnote"><p><a name="Footnote_157_157" id="Footnote_157_157"></a><a href="#FNanchor_157_157"><span class="label">[157]</span></a> Parsons on Contracts, vol. 2, p. 756.</p></div> - -<div class="footnote"><p><a name="Footnote_158_158" id="Footnote_158_158"></a><a href="#FNanchor_158_158"><span class="label">[158]</span></a> Yates <i>v.</i> Foot, 12 Johns. 1.</p></div> - -<div class="footnote"><p><a name="Footnote_159_159" id="Footnote_159_159"></a><a href="#FNanchor_159_159"><span class="label">[159]</span></a> Johnson <i>v.</i> Russell, 37 Cal. 670.</p></div> - -<div class="footnote"><p><a name="Footnote_160_160" id="Footnote_160_160"></a><a href="#FNanchor_160_160"><span class="label">[160]</span></a> Wharton on Innkeepers, 62.</p></div> - -<div class="footnote"><p><a name="Footnote_161_161" id="Footnote_161_161"></a><a href="#FNanchor_161_161"><span class="label">[161]</span></a> Rex <i>v.</i> Ashton, 22 L. J. M. C. 1.</p></div> - -<div class="footnote"><p><a name="Footnote_162_162" id="Footnote_162_162"></a><a href="#FNanchor_162_162"><span class="label">[162]</span></a> Danford <i>v.</i> Taylor, 22 L. T. Rep. 483; Foot <i>v.</i> Baker, -6 Scott N. R. 301.</p></div> - -<div class="footnote"><p><a name="Footnote_163_163" id="Footnote_163_163"></a><a href="#FNanchor_163_163"><span class="label">[163]</span></a> Searle <i>v.</i> St. Martins’ J. J. 4 J. P. 276; Avards <i>v.</i> -Dunce, 26 J. P. 437.</p></div> - -<div class="footnote"><p><a name="Footnote_164_164" id="Footnote_164_164"></a><a href="#FNanchor_164_164"><span class="label">[164]</span></a> Patten <i>v.</i> Rhymer, 29 L. J. M. C. 189.</p></div> - -<div class="footnote"><p><a name="Footnote_165_165" id="Footnote_165_165"></a><a href="#FNanchor_165_165"><span class="label">[165]</span></a> Wharton, 81.</p></div> - -<div class="footnote"><p><a name="Footnote_166_166" id="Footnote_166_166"></a><a href="#FNanchor_166_166"><span class="label">[166]</span></a> Lester <i>v.</i> Torrens, L. R. 2 Q. B. Div. 403.</p></div> - -<div class="footnote"><p><a name="Footnote_167_167" id="Footnote_167_167"></a><a href="#FNanchor_167_167"><span class="label">[167]</span></a> Bew <i>v.</i> Harston, L. R. 3 Q. B. Div. 454.</p></div> - -<div class="footnote"><p><a name="Footnote_168_168" id="Footnote_168_168"></a><a href="#FNanchor_168_168"><span class="label">[168]</span></a> 13 Geo. II, chap. 19.</p></div> - -<div class="footnote"><p><a name="Footnote_169_169" id="Footnote_169_169"></a><a href="#FNanchor_169_169"><span class="label">[169]</span></a> 8 and 9 Vict. chap. 109. sec. 1.</p></div> - -<div class="footnote"><p><a name="Footnote_170_170" id="Footnote_170_170"></a><a href="#FNanchor_170_170"><span class="label">[170]</span></a> Wharton, 65.</p></div> - -<div class="footnote"><p><a name="Footnote_171_171" id="Footnote_171_171"></a><a href="#FNanchor_171_171"><span class="label">[171]</span></a> Abinger, C. B., in McKinnell <i>v.</i> Robinson, 3 M. & W. -439.</p></div> - -<div class="footnote"><p><a name="Footnote_172_172" id="Footnote_172_172"></a><a href="#FNanchor_172_172"><span class="label">[172]</span></a> Tanner <i>v.</i> Albion, 5 Hill, 128; but see People <i>v.</i> -Sargeant, 8 Cowen, 139.</p></div> - -<div class="footnote"><p><a name="Footnote_173_173" id="Footnote_173_173"></a><a href="#FNanchor_173_173"><span class="label">[173]</span></a> McDaniels <i>v.</i> Commonwealth, 6 Bush. 326.</p></div> - -<div class="footnote"><p><a name="Footnote_174_174" id="Footnote_174_174"></a><a href="#FNanchor_174_174"><span class="label">[174]</span></a> Neal’s Case, 22 Gratt. 917.</p></div> - -<div class="footnote"><p><a name="Footnote_175_175" id="Footnote_175_175"></a><a href="#FNanchor_175_175"><span class="label">[175]</span></a> Enbanks <i>v.</i> State, 3 Hersk. 488.</p></div> - -<div class="footnote"><p><a name="Footnote_176_176" id="Footnote_176_176"></a><a href="#FNanchor_176_176"><span class="label">[176]</span></a> Graham <i>v.</i> Peat, 1 East, 246.</p></div> - -<div class="footnote"><p><a name="Footnote_177_177" id="Footnote_177_177"></a><a href="#FNanchor_177_177"><span class="label">[177]</span></a> Doyle <i>v.</i> Walker, 26 U. C. R. 502.</p></div> - -<div class="footnote"><p><a name="Footnote_178_178" id="Footnote_178_178"></a><a href="#FNanchor_178_178"><span class="label">[178]</span></a> Cayle’s Case, 8 Co. 32.</p></div> - -<div class="footnote"><p><a name="Footnote_179_179" id="Footnote_179_179"></a><a href="#FNanchor_179_179"><span class="label">[179]</span></a> Lasseen <i>v.</i> Clark, 37 Ga. 242.</p></div> - -<div class="footnote"><p><a name="Footnote_180_180" id="Footnote_180_180"></a><a href="#FNanchor_180_180"><span class="label">[180]</span></a> Pullman Palace Car Co. <i>v.</i> Smith, 73 Ill. 360.</p></div> - -<div class="footnote"><p><a name="Footnote_181_181" id="Footnote_181_181"></a><a href="#FNanchor_181_181"><span class="label">[181]</span></a> Morgan <i>v.</i> Ravey, 6 Hurl. & N. 265.</p></div> - -<div class="footnote"><p><a name="Footnote_182_182" id="Footnote_182_182"></a><a href="#FNanchor_182_182"><span class="label">[182]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_183_183" id="Footnote_183_183"></a><a href="#FNanchor_183_183"><span class="label">[183]</span></a> Giles <i>v.</i> Libby, 36 Barr. 70. But see Hyatt <i>v.</i> Taylor, -51 Barb. 632, and Rosenplanter <i>v.</i> Roessle, 54 N. Y. 262.</p></div> - -<div class="footnote"><p><a name="Footnote_184_184" id="Footnote_184_184"></a><a href="#FNanchor_184_184"><span class="label">[184]</span></a> Bodwell <i>v.</i> Bragg, 29 Iowa, 232.</p></div> - -<div class="footnote"><p><a name="Footnote_185_185" id="Footnote_185_185"></a><a href="#FNanchor_185_185"><span class="label">[185]</span></a> Morgan <i>v.</i> Ravey, 30. L. J. Ex. 131.</p></div> - -<div class="footnote"><p><a name="Footnote_186_186" id="Footnote_186_186"></a><a href="#FNanchor_186_186"><span class="label">[186]</span></a> Bernstein <i>v.</i> Sweeney, 33 N. Y. Sup. Ct. 271.</p></div> - -<div class="footnote"><p><a name="Footnote_187_187" id="Footnote_187_187"></a><a href="#FNanchor_187_187"><span class="label">[187]</span></a> Imp. Stat., 26 and 27 Vict., chap. 41, sec. 1. A similar -statute is in force in Ontario, only the money is limited to forty -dollars. (37 Vict. O., chap 11, secs. 1-4.)</p></div> - -<div class="footnote"><p><a name="Footnote_188_188" id="Footnote_188_188"></a><a href="#FNanchor_188_188"><span class="label">[188]</span></a> Statutes of 1855, chap. 421.</p></div> - -<div class="footnote"><p><a name="Footnote_189_189" id="Footnote_189_189"></a><a href="#FNanchor_189_189"><span class="label">[189]</span></a> Wisconsin has a like law. (Laws of 1864, chap. 318.)</p></div> - -<div class="footnote"><p><a name="Footnote_190_190" id="Footnote_190_190"></a><a href="#FNanchor_190_190"><span class="label">[190]</span></a> Spice <i>v.</i> Bacon, L. R. 2 Ex. Div. 463; 16 A. L. J. 385.</p></div> - -<div class="footnote"><p><a name="Footnote_191_191" id="Footnote_191_191"></a><a href="#FNanchor_191_191"><span class="label">[191]</span></a> Remaly <i>v.</i> Leland, 43 N. Y. 538; Kellogg <i>v.</i> Sweeney, 1 -Lans. N. Y. 397.</p></div> - -<div class="footnote"><p><a name="Footnote_192_192" id="Footnote_192_192"></a><a href="#FNanchor_192_192"><span class="label">[192]</span></a> Remaly <i>v.</i> Leland, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_193_193" id="Footnote_193_193"></a><a href="#FNanchor_193_193"><span class="label">[193]</span></a> Bernstein <i>v.</i> Sweeney, 35 N. Y. 271; Krohn <i>v.</i> Sweeney, -2 Daly, N. Y. 200; Milford <i>v.</i> Wesley, 1 Wilson, (Ind.) 119.</p></div> - -<div class="footnote"><p><a name="Footnote_194_194" id="Footnote_194_194"></a><a href="#FNanchor_194_194"><span class="label">[194]</span></a> Stewart <i>v.</i> Parsons, 24 Wis. 241.</p></div> - -<div class="footnote"><p><a name="Footnote_195_195" id="Footnote_195_195"></a><a href="#FNanchor_195_195"><span class="label">[195]</span></a> Giles <i>v.</i> Libbey, 36 Bar. 70.</p></div> - -<div class="footnote"><p><a name="Footnote_196_196" id="Footnote_196_196"></a><a href="#FNanchor_196_196"><span class="label">[196]</span></a> Rosenplanter <i>v.</i> Roessle, 54 N. Y. 262.</p></div> - -<div class="footnote"><p><a name="Footnote_197_197" id="Footnote_197_197"></a><a href="#FNanchor_197_197"><span class="label">[197]</span></a> Rosenplanter <i>v.</i> Roessle, 54 N. Y. 262; Bendetson <i>v.</i> -French, 46 N. Y. distinguished.</p></div> - -<div class="footnote"><p><a name="Footnote_198_198" id="Footnote_198_198"></a><a href="#FNanchor_198_198"><span class="label">[198]</span></a> 11 Can. Law Jour. N. S. 103.</p></div> - -<div class="footnote"><p><a name="Footnote_199_199" id="Footnote_199_199"></a><a href="#FNanchor_199_199"><span class="label">[199]</span></a> Pope <i>v.</i> Hall, 14 La. An. 324.</p></div> - -<div class="footnote"><p><a name="Footnote_200_200" id="Footnote_200_200"></a><a href="#FNanchor_200_200"><span class="label">[200]</span></a> Hawkins <i>v.</i> Hoffman, 6 Hill, 586.</p></div> - -<div class="footnote"><p><a name="Footnote_201_201" id="Footnote_201_201"></a><a href="#FNanchor_201_201"><span class="label">[201]</span></a> Macrow <i>v.</i> G. W. Rw. L. R. 6 Q. B. 622.</p></div> - -<div class="footnote"><p><a name="Footnote_202_202" id="Footnote_202_202"></a><a href="#FNanchor_202_202"><span class="label">[202]</span></a> Wilkins <i>v.</i> Earle, 18 Abb. N. Y. 190.</p></div> - -<div class="footnote"><p><a name="Footnote_203_203" id="Footnote_203_203"></a><a href="#FNanchor_203_203"><span class="label">[203]</span></a> Brooke <i>v.</i> Pickwick, 4 Bing. 218; McGill <i>v.</i> Rowand, 3 -Penn. St. 451.</p></div> - -<div class="footnote"><p><a name="Footnote_204_204" id="Footnote_204_204"></a><a href="#FNanchor_204_204"><span class="label">[204]</span></a> Nevins <i>v.</i> Bay State S. B. Co. 4 Bosw. 589.</p></div> - -<div class="footnote"><p><a name="Footnote_205_205" id="Footnote_205_205"></a><a href="#FNanchor_205_205"><span class="label">[205]</span></a> Jones <i>v.</i> Voorhes, 10 Ohio, 145; Miss. C. Rw. <i>v.</i> -Kennedy, 41 Miss. 471.</p></div> - -<div class="footnote"><p><a name="Footnote_206_206" id="Footnote_206_206"></a><a href="#FNanchor_206_206"><span class="label">[206]</span></a> Bonner <i>v.</i> Maxwell, 9 Humphrey, 621.</p></div> - -<div class="footnote"><p><a name="Footnote_207_207" id="Footnote_207_207"></a><a href="#FNanchor_207_207"><span class="label">[207]</span></a> McCormick <i>v.</i> Hudson River Rw. 4 E. D. Smith, 181.</p></div> - -<div class="footnote"><p><a name="Footnote_208_208" id="Footnote_208_208"></a><a href="#FNanchor_208_208"><span class="label">[208]</span></a> Giles <i>v.</i> Fauntleroy, 13 Md. 126.</p></div> - -<div class="footnote"><p><a name="Footnote_209_209" id="Footnote_209_209"></a><a href="#FNanchor_209_209"><span class="label">[209]</span></a> Brutz <i>v.</i> G. T. R. 32 U. C. Q. B. 66.</p></div> - -<div class="footnote"><p><a name="Footnote_210_210" id="Footnote_210_210"></a><a href="#FNanchor_210_210"><span class="label">[210]</span></a> Re H. M. Wright, Newberry Admiralty; Sasseen <i>v.</i> Clark, -37 Ga. 242.</p></div> - -<div class="footnote"><p><a name="Footnote_211_211" id="Footnote_211_211"></a><a href="#FNanchor_211_211"><span class="label">[211]</span></a> Toledo & Wabash Riv. <i>v.</i> Hammond, 33 Ind. 379.</p></div> - -<div class="footnote"><p><a name="Footnote_212_212" id="Footnote_212_212"></a><a href="#FNanchor_212_212"><span class="label">[212]</span></a> Sasseen <i>v.</i> Clark, 37 Ga. 242.</p></div> - -<div class="footnote"><p><a name="Footnote_213_213" id="Footnote_213_213"></a><a href="#FNanchor_213_213"><span class="label">[213]</span></a> Wood <i>v.</i> Devon, 13 Ill. 746.</p></div> - -<div class="footnote"><p><a name="Footnote_214_214" id="Footnote_214_214"></a><a href="#FNanchor_214_214"><span class="label">[214]</span></a> Davis <i>v.</i> C. & S. Rw. 10 How. Pr. 330.</p></div> - -<div class="footnote"><p><a name="Footnote_215_215" id="Footnote_215_215"></a><a href="#FNanchor_215_215"><span class="label">[215]</span></a> Giles <i>v.</i> Fauntleroy, 13 Md. 126.</p></div> - -<div class="footnote"><p><a name="Footnote_216_216" id="Footnote_216_216"></a><a href="#FNanchor_216_216"><span class="label">[216]</span></a> Hudston <i>v.</i> Midland Rw. L. R. 4 Q. B. 366.</p></div> - -<div class="footnote"><p><a name="Footnote_217_217" id="Footnote_217_217"></a><a href="#FNanchor_217_217"><span class="label">[217]</span></a> Hawkins <i>v.</i> Hoffman, 6 Hill, N. Y. Rep 589.</p></div> - -<div class="footnote"><p><a name="Footnote_218_218" id="Footnote_218_218"></a><a href="#FNanchor_218_218"><span class="label">[218]</span></a> Gt. W. Rev. <i>v.</i> Shepherd, 8 Ex. 38. But see Bell <i>v.</i> -Drew, 4 E. D. Smith, 59.</p></div> - -<div class="footnote"><p><a name="Footnote_219_219" id="Footnote_219_219"></a><a href="#FNanchor_219_219"><span class="label">[219]</span></a> Hopkins <i>v.</i> Westcott, 7 Am. Law. Reg. N. S. 533.</p></div> - -<div class="footnote"><p><a name="Footnote_220_220" id="Footnote_220_220"></a><a href="#FNanchor_220_220"><span class="label">[220]</span></a> Mytton <i>v.</i> Midland Rw. 4 H. & N. 615.</p></div> - -<div class="footnote"><p><a name="Footnote_221_221" id="Footnote_221_221"></a><a href="#FNanchor_221_221"><span class="label">[221]</span></a> Macrow <i>v.</i> Gt. W. Rw. L. R. 6 Q. B. 622, Cockburn, C. -J.</p></div> - -<div class="footnote"><p><a name="Footnote_222_222" id="Footnote_222_222"></a><a href="#FNanchor_222_222"><span class="label">[222]</span></a> Brutz <i>v.</i> G. T. Rw. 32 U. C. Q. B. 66.</p></div> - -<div class="footnote"><p><a name="Footnote_223_223" id="Footnote_223_223"></a><a href="#FNanchor_223_223"><span class="label">[223]</span></a> Porter <i>v.</i> Hildebrand, 14 Pa. St. 129.</p></div> - -<div class="footnote"><p><a name="Footnote_224_224" id="Footnote_224_224"></a><a href="#FNanchor_224_224"><span class="label">[224]</span></a> Brutz <i>v.</i> G. T. R. <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_225_225" id="Footnote_225_225"></a><a href="#FNanchor_225_225"><span class="label">[225]</span></a> Gilox <i>v.</i> Shepherd, 8 Ex. 30; Pardee <i>v.</i> Drew, 25 Wend. -459; Shaw <i>v.</i> G. T. Rw. 7 U. C. C. P. 493.</p></div> - -<div class="footnote"><p><a name="Footnote_226_226" id="Footnote_226_226"></a><a href="#FNanchor_226_226"><span class="label">[226]</span></a> Belfast B. L. & C. Rw. <i>v.</i> Keys, 9 Ho. Lords Cas. 556; -Hawkins <i>v.</i> Hoffman, 6 Hill, 586.</p></div> - -<div class="footnote"><p><a name="Footnote_227_227" id="Footnote_227_227"></a><a href="#FNanchor_227_227"><span class="label">[227]</span></a> Phelps <i>v.</i> London & N. W. Rw. 19 C. B. N. S. 321.</p></div> - -<div class="footnote"><p><a name="Footnote_228_228" id="Footnote_228_228"></a><a href="#FNanchor_228_228"><span class="label">[228]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_229_229" id="Footnote_229_229"></a><a href="#FNanchor_229_229"><span class="label">[229]</span></a> Giles <i>v.</i> Fauntleroy, 13 Md. 126.</p></div> - -<div class="footnote"><p><a name="Footnote_230_230" id="Footnote_230_230"></a><a href="#FNanchor_230_230"><span class="label">[230]</span></a> Brutz <i>v.</i> G. T. Rw. <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_231_231" id="Footnote_231_231"></a><a href="#FNanchor_231_231"><span class="label">[231]</span></a> Shoecraft <i>v.</i> Bailey, 25 Iowa, 553.</p></div> - -<div class="footnote"><p><a name="Footnote_232_232" id="Footnote_232_232"></a><a href="#FNanchor_232_232"><span class="label">[232]</span></a> Weiseinger <i>v.</i> Taylor, 1 Bush, 275.</p></div> - -<div class="footnote"><p><a name="Footnote_233_233" id="Footnote_233_233"></a><a href="#FNanchor_233_233"><span class="label">[233]</span></a> Maltby <i>v.</i> Chapman, 25 Md. 307; a decision under Md. -Code, art. 70, secs. 5, 6.</p></div> - -<div class="footnote"><p><a name="Footnote_234_234" id="Footnote_234_234"></a><a href="#FNanchor_234_234"><span class="label">[234]</span></a> Taylor <i>v.</i> Monnot, 4 Duer, (N. Y.) 116; Van Wyck <i>v.</i> -Howard, 12 How. (N. Y.) Pr. 147; Stanton <i>v.</i> Leland, 4 E. D. Smith, (N. -Y.) 88; Simon <i>v.</i> Miller, 7 La. An. 360.</p></div> - -<div class="footnote"><p><a name="Footnote_235_235" id="Footnote_235_235"></a><a href="#FNanchor_235_235"><span class="label">[235]</span></a> Hyatt <i>v.</i> Taylor, 51 Barb. N. Y. 632; 42 N. Y. 259.</p></div> - -<div class="footnote"><p><a name="Footnote_236_236" id="Footnote_236_236"></a><a href="#FNanchor_236_236"><span class="label">[236]</span></a> Wilkins <i>v.</i> Earle, 18 Abb. N. Y. 190.</p></div> - -<div class="footnote"><p><a name="Footnote_237_237" id="Footnote_237_237"></a><a href="#FNanchor_237_237"><span class="label">[237]</span></a> Wilkins <i>v.</i> Earle, 44 N. Y. 172.</p></div> - -<div class="footnote"><p><a name="Footnote_238_238" id="Footnote_238_238"></a><a href="#FNanchor_238_238"><span class="label">[238]</span></a> Story’s Commentaries, sec. 481.</p></div> - -<div class="footnote"><p><a name="Footnote_239_239" id="Footnote_239_239"></a><a href="#FNanchor_239_239"><span class="label">[239]</span></a> Commentaries, sec. 470.</p></div> - -<div class="footnote"><p><a name="Footnote_240_240" id="Footnote_240_240"></a><a href="#FNanchor_240_240"><span class="label">[240]</span></a> 1 Black. Com. 430.</p></div> - -<div class="footnote"><p><a name="Footnote_241_241" id="Footnote_241_241"></a><a href="#FNanchor_241_241"><span class="label">[241]</span></a> Kent <i>v.</i> Shuckard, 2 B. & Ad. 803.</p></div> - -<div class="footnote"><p><a name="Footnote_242_242" id="Footnote_242_242"></a><a href="#FNanchor_242_242"><span class="label">[242]</span></a> Per McCann, J., Wilkins <i>v.</i> Earle.</p></div> - -<div class="footnote"><p><a name="Footnote_243_243" id="Footnote_243_243"></a><a href="#FNanchor_243_243"><span class="label">[243]</span></a> Orange Co. Bank <i>v.</i> Brown, 9 Wend. 85; Weed <i>v.</i> -Saratoga & Sch. Rw. 19 Wend. 524; Red. on Railways, vol. 2, pp. 55, 58.</p></div> - -<div class="footnote"><p><a name="Footnote_244_244" id="Footnote_244_244"></a><a href="#FNanchor_244_244"><span class="label">[244]</span></a> Coggs <i>v.</i> Barnard, 1 Sm. Leading Cases, 309; Lane <i>v.</i> -Cotton, 12 Mod. 487; Wharton on Innkeepers, 97.</p></div> - -<div class="footnote"><p><a name="Footnote_245_245" id="Footnote_245_245"></a><a href="#FNanchor_245_245"><span class="label">[245]</span></a> Cole <i>v.</i> Goodwin, 19 Wend.</p></div> - -<div class="footnote"><p><a name="Footnote_246_246" id="Footnote_246_246"></a><a href="#FNanchor_246_246"><span class="label">[246]</span></a> Quintin <i>v.</i> Courtney. Hay. (N. C.) 41.</p></div> - -<div class="footnote"><p><a name="Footnote_247_247" id="Footnote_247_247"></a><a href="#FNanchor_247_247"><span class="label">[247]</span></a> Giles <i>v.</i> Libby, 36 Barb. 70.</p></div> - -<div class="footnote"><p><a name="Footnote_248_248" id="Footnote_248_248"></a><a href="#FNanchor_248_248"><span class="label">[248]</span></a> Berkshire Woollen Co. <i>v.</i> Proctor, 7 Cush. 417.</p></div> - -<div class="footnote"><p><a name="Footnote_249_249" id="Footnote_249_249"></a><a href="#FNanchor_249_249"><span class="label">[249]</span></a> Pinkerton <i>v.</i> Woodward, 33 Cal. 557.</p></div> - -<div class="footnote"><p><a name="Footnote_250_250" id="Footnote_250_250"></a><a href="#FNanchor_250_250"><span class="label">[250]</span></a> Bendeton <i>v.</i> French, 44 Barb. 31.</p></div> - -<div class="footnote"><p><a name="Footnote_251_251" id="Footnote_251_251"></a><a href="#FNanchor_251_251"><span class="label">[251]</span></a> Woodward <i>v.</i> Bird, 4 Bush. (Ky.) 510.</p></div> - -<div class="footnote"><p><a name="Footnote_252_252" id="Footnote_252_252"></a><a href="#FNanchor_252_252"><span class="label">[252]</span></a> Houser <i>v.</i> Tulley, 62 Pa. St. 92.</p></div> - -<div class="footnote"><p><a name="Footnote_253_253" id="Footnote_253_253"></a><a href="#FNanchor_253_253"><span class="label">[253]</span></a> Sneider <i>v.</i> Geiss, 1 Yeates, 24.</p></div> - -<div class="footnote"><p><a name="Footnote_254_254" id="Footnote_254_254"></a><a href="#FNanchor_254_254"><span class="label">[254]</span></a> Rosenplanter <i>v.</i> Roessle, 54 N. Y. 262; Bendetson <i>v.</i> -French, 46 N. Y.</p></div> - -<div class="footnote"><p><a name="Footnote_255_255" id="Footnote_255_255"></a><a href="#FNanchor_255_255"><span class="label">[255]</span></a> Stanton <i>v.</i> Leland, 4 E. D. Smith, 88.</p></div> - -<div class="footnote"><p><a name="Footnote_256_256" id="Footnote_256_256"></a><a href="#FNanchor_256_256"><span class="label">[256]</span></a> Wharton on Negligence, secs. 50, 730.</p></div> - -<div class="footnote"><p><a name="Footnote_257_257" id="Footnote_257_257"></a><a href="#FNanchor_257_257"><span class="label">[257]</span></a> Wharton on Neg. sec. 732; Hood. <i>v.</i> Grimes, 13 B. Mon. -188.</p></div> - -<div class="footnote"><p><a name="Footnote_258_258" id="Footnote_258_258"></a><a href="#FNanchor_258_258"><span class="label">[258]</span></a> Ritchey <i>v.</i> West, 23 Ill. 385.</p></div> - -<div class="footnote"><p><a name="Footnote_259_259" id="Footnote_259_259"></a><a href="#FNanchor_259_259"><span class="label">[259]</span></a> Wharton on Negligence, secs. 437, 641.</p></div> - -<div class="footnote"><p><a name="Footnote_260_260" id="Footnote_260_260"></a><a href="#FNanchor_260_260"><span class="label">[260]</span></a> Wharton on Negligence, sec. 731.</p></div> - -<div class="footnote"><p><a name="Footnote_261_261" id="Footnote_261_261"></a><a href="#FNanchor_261_261"><span class="label">[261]</span></a> Jones on Bailments, 88.</p></div> - -<div class="footnote"><p><a name="Footnote_262_262" id="Footnote_262_262"></a><a href="#FNanchor_262_262"><span class="label">[262]</span></a> Addison on Contracts, 415.</p></div> - -<div class="footnote"><p><a name="Footnote_263_263" id="Footnote_263_263"></a><a href="#FNanchor_263_263"><span class="label">[263]</span></a> Wharton on Negligence, sec. 713.</p></div> - -<div class="footnote"><p><a name="Footnote_264_264" id="Footnote_264_264"></a><a href="#FNanchor_264_264"><span class="label">[264]</span></a> Mitchum <i>v.</i> The State, 45 Ala. 29.</p></div> - -<div class="footnote"><p><a name="Footnote_265_265" id="Footnote_265_265"></a><a href="#FNanchor_265_265"><span class="label">[265]</span></a> Merrill <i>v.</i> Claghorn, 23 Vt. 177; also Vance <i>v.</i> -Throckmorton, 5 Bush. (Ky.) 41.</p></div> - -<div class="footnote"><p><a name="Footnote_266_266" id="Footnote_266_266"></a><a href="#FNanchor_266_266"><span class="label">[266]</span></a> Dawson <i>v.</i> Chamney, 5 Q. B. (N. S.) 164.</p></div> - -<div class="footnote"><p><a name="Footnote_267_267" id="Footnote_267_267"></a><a href="#FNanchor_267_267"><span class="label">[267]</span></a> Cutler <i>v.</i> Bonney, 30 Mich. 259.</p></div> - -<div class="footnote"><p><a name="Footnote_268_268" id="Footnote_268_268"></a><a href="#FNanchor_268_268"><span class="label">[268]</span></a> Mateer <i>v.</i> Brown, 1 Cal. 225; Wharton on Neg. p. 111.</p></div> - -<div class="footnote"><p><a name="Footnote_269_269" id="Footnote_269_269"></a><a href="#FNanchor_269_269"><span class="label">[269]</span></a> Hulett <i>v.</i> Swift, 33 N. Y. 571.</p></div> - -<div class="footnote"><p><a name="Footnote_270_270" id="Footnote_270_270"></a><a href="#FNanchor_270_270"><span class="label">[270]</span></a> Faucett <i>v.</i> Nicholls, 64 N. Y. 377.</p></div> - -<div class="footnote"><p><a name="Footnote_271_271" id="Footnote_271_271"></a><a href="#FNanchor_271_271"><span class="label">[271]</span></a> Mateer <i>v.</i> Brown, 1 Cal. 221.</p></div> - -<div class="footnote"><p><a name="Footnote_272_272" id="Footnote_272_272"></a><a href="#FNanchor_272_272"><span class="label">[272]</span></a> Dale <i>v.</i> Hall, 1 Wils. 281.</p></div> - -<div class="footnote"><p><a name="Footnote_273_273" id="Footnote_273_273"></a><a href="#FNanchor_273_273"><span class="label">[273]</span></a> Kay <i>v.</i> Wheeler, L. R. 2 C. P. 302.</p></div> - -<div class="footnote"><p><a name="Footnote_274_274" id="Footnote_274_274"></a><a href="#FNanchor_274_274"><span class="label">[274]</span></a> Carstairs <i>v.</i> Taylor, Law R. 6 Ex. 217.</p></div> - -<div class="footnote"><p><a name="Footnote_275_275" id="Footnote_275_275"></a><a href="#FNanchor_275_275"><span class="label">[275]</span></a> Carstairs <i>v.</i> Taylor, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_276_276" id="Footnote_276_276"></a><a href="#FNanchor_276_276"><span class="label">[276]</span></a> Ibid. per Bramwell, J.</p></div> - -<div class="footnote"><p><a name="Footnote_277_277" id="Footnote_277_277"></a><a href="#FNanchor_277_277"><span class="label">[277]</span></a> McKome <i>v.</i> Word, 5 Car. & P. 1.</p></div> - -<div class="footnote"><p><a name="Footnote_278_278" id="Footnote_278_278"></a><a href="#FNanchor_278_278"><span class="label">[278]</span></a> McDaniels <i>v.</i> Robinson, 26 Vt. 311; Morse <i>v.</i> Shee, 1 -Vent. 190, 238.</p></div> - -<div class="footnote"><p><a name="Footnote_279_279" id="Footnote_279_279"></a><a href="#FNanchor_279_279"><span class="label">[279]</span></a> Mateer <i>v.</i> Brown, 1 Cal. 221; Norcross <i>v.</i> Norcross, 53 -Me. 163; Pinkerton <i>v.</i> Woodward, 33 Cal 557.</p></div> - -<div class="footnote"><p><a name="Footnote_280_280" id="Footnote_280_280"></a><a href="#FNanchor_280_280"><span class="label">[280]</span></a> Mateer <i>v.</i> Brown, <i>supra</i>. See, also, Mason <i>v.</i> -Thompson, 9 Pick. 284.</p></div> - -<div class="footnote"><p><a name="Footnote_281_281" id="Footnote_281_281"></a><a href="#FNanchor_281_281"><span class="label">[281]</span></a> Story on Bailments, sec. 17.</p></div> - -<div class="footnote"><p><a name="Footnote_282_282" id="Footnote_282_282"></a><a href="#FNanchor_282_282"><span class="label">[282]</span></a> Rolfe, B. in Wilson <i>v.</i> Brett, 11 M. & W. 110; Austin -<i>v.</i> Manchester &c. Railway, 10 C. B. 474.</p></div> - -<div class="footnote"><p><a name="Footnote_283_283" id="Footnote_283_283"></a><a href="#FNanchor_283_283"><span class="label">[283]</span></a> Fowler <i>v.</i> Dorlon, 24 Barb. 384.</p></div> - -<div class="footnote"><p><a name="Footnote_284_284" id="Footnote_284_284"></a><a href="#FNanchor_284_284"><span class="label">[284]</span></a> Armistead <i>v.</i> White, 29 Law J. Q. B. 524.</p></div> - -<div class="footnote"><p><a name="Footnote_285_285" id="Footnote_285_285"></a><a href="#FNanchor_285_285"><span class="label">[285]</span></a> Cashill <i>v.</i> Wright, 6 El. & B. 898.</p></div> - -<div class="footnote"><p><a name="Footnote_286_286" id="Footnote_286_286"></a><a href="#FNanchor_286_286"><span class="label">[286]</span></a> Chamberlain <i>v.</i> Masterson, 26 Ala. 371; Hadley <i>v.</i> -Upshaw, 27 Tex. 547; Profiles <i>v.</i> Hall, 11 La. An. 324.</p></div> - -<div class="footnote"><p><a name="Footnote_287_287" id="Footnote_287_287"></a><a href="#FNanchor_287_287"><span class="label">[287]</span></a> Kelsey <i>v.</i> Berry, 42 Ill. 469; Cayle’s Case, 8 Coke, -32.</p></div> - -<div class="footnote"><p><a name="Footnote_288_288" id="Footnote_288_288"></a><a href="#FNanchor_288_288"><span class="label">[288]</span></a> 1 Andess. 29.</p></div> - -<div class="footnote"><p><a name="Footnote_289_289" id="Footnote_289_289"></a><a href="#FNanchor_289_289"><span class="label">[289]</span></a> Bennett <i>v.</i> Mellor, 5 T. R. 273.</p></div> - -<div class="footnote"><p><a name="Footnote_290_290" id="Footnote_290_290"></a><a href="#FNanchor_290_290"><span class="label">[290]</span></a> Erle, J., in Cashill <i>v.</i> Wright, 6 El. & B. 895.</p></div> - -<div class="footnote"><p><a name="Footnote_291_291" id="Footnote_291_291"></a><a href="#FNanchor_291_291"><span class="label">[291]</span></a> Cayle’s Case, 8 Coke, 32.</p></div> - -<div class="footnote"><p><a name="Footnote_292_292" id="Footnote_292_292"></a><a href="#FNanchor_292_292"><span class="label">[292]</span></a> Mitchell <i>v.</i> Woods, 16 L. T. Rep. N. S. 676; Filipourke -<i>v.</i> Merryweather, 2 Fost. & F. 285.</p></div> - -<div class="footnote"><p><a name="Footnote_293_293" id="Footnote_293_293"></a><a href="#FNanchor_293_293"><span class="label">[293]</span></a> Spice <i>v.</i> Bacon, 16 Alb. L. J. 386.</p></div> - -<div class="footnote"><p><a name="Footnote_294_294" id="Footnote_294_294"></a><a href="#FNanchor_294_294"><span class="label">[294]</span></a> Classen <i>v.</i> Leopold, 2 Sweeney, (N. Y.) 705.</p></div> - -<div class="footnote"><p><a name="Footnote_295_295" id="Footnote_295_295"></a><a href="#FNanchor_295_295"><span class="label">[295]</span></a> Baddenberg <i>v.</i> Benner, 1 Hilt. (N. Y.) 84.</p></div> - -<div class="footnote"><p><a name="Footnote_296_296" id="Footnote_296_296"></a><a href="#FNanchor_296_296"><span class="label">[296]</span></a> Burgess <i>v.</i> Clements, 4 Moore & S. 306.</p></div> - -<div class="footnote"><p><a name="Footnote_297_297" id="Footnote_297_297"></a><a href="#FNanchor_297_297"><span class="label">[297]</span></a> Pettigrew <i>v.</i> Barnum, 11 Md. 434; Giles <i>v.</i> Fauntleroy, -13 Md. 126.</p></div> - -<div class="footnote"><p><a name="Footnote_298_298" id="Footnote_298_298"></a><a href="#FNanchor_298_298"><span class="label">[298]</span></a> Burgess <i>v.</i> Clements, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_299_299" id="Footnote_299_299"></a><a href="#FNanchor_299_299"><span class="label">[299]</span></a> Per Montague Smith, J.; Oppenheim <i>v.</i> White Lion Hotel -Co. L. R. 6 C. P. 515.</p></div> - -<div class="footnote"><p><a name="Footnote_300_300" id="Footnote_300_300"></a><a href="#FNanchor_300_300"><span class="label">[300]</span></a> Cayle’s Case.</p></div> - -<div class="footnote"><p><a name="Footnote_301_301" id="Footnote_301_301"></a><a href="#FNanchor_301_301"><span class="label">[301]</span></a> Oppenheim <i>v.</i> White Lion Hotel Co. <i>ante.</i></p></div> - -<div class="footnote"><p><a name="Footnote_302_302" id="Footnote_302_302"></a><a href="#FNanchor_302_302"><span class="label">[302]</span></a> Jones <i>v.</i> Tyler, 1 Ad. & E. 522.</p></div> - -<div class="footnote"><p><a name="Footnote_303_303" id="Footnote_303_303"></a><a href="#FNanchor_303_303"><span class="label">[303]</span></a> Taunton, J., in Jones <i>v.</i> Tyler.</p></div> - -<div class="footnote"><p><a name="Footnote_304_304" id="Footnote_304_304"></a><a href="#FNanchor_304_304"><span class="label">[304]</span></a> Piper <i>v.</i> Manny, 21 Wend. 283.</p></div> - -<div class="footnote"><p><a name="Footnote_305_305" id="Footnote_305_305"></a><a href="#FNanchor_305_305"><span class="label">[305]</span></a> Story on Bailments, sec. 478.</p></div> - -<div class="footnote"><p><a name="Footnote_306_306" id="Footnote_306_306"></a><a href="#FNanchor_306_306"><span class="label">[306]</span></a> Chute <i>v.</i> Wiggins, 14 Johnson, 175.</p></div> - -<div class="footnote"><p><a name="Footnote_307_307" id="Footnote_307_307"></a><a href="#FNanchor_307_307"><span class="label">[307]</span></a> Parsons on Contracts, vol. 2, p. 169.</p></div> - -<div class="footnote"><p><a name="Footnote_308_308" id="Footnote_308_308"></a><a href="#FNanchor_308_308"><span class="label">[308]</span></a> Dickenson <i>v.</i> Rodgers, 4 Humph. (Tenn.) 179.</p></div> - -<div class="footnote"><p><a name="Footnote_309_309" id="Footnote_309_309"></a><a href="#FNanchor_309_309"><span class="label">[309]</span></a> Seymour <i>v.</i> Cook, 53 Barb. 451.</p></div> - -<div class="footnote"><p><a name="Footnote_310_310" id="Footnote_310_310"></a><a href="#FNanchor_310_310"><span class="label">[310]</span></a> Metcalf <i>v.</i> Hess, 14 Ill. 129; Hill <i>v.</i> Owen, 5 Blackf. -(Ind.) 323.</p></div> - -<div class="footnote"><p><a name="Footnote_311_311" id="Footnote_311_311"></a><a href="#FNanchor_311_311"><span class="label">[311]</span></a> Thickstern <i>v.</i> Howard, 8 Blackf. 535.</p></div> - -<div class="footnote"><p><a name="Footnote_312_312" id="Footnote_312_312"></a><a href="#FNanchor_312_312"><span class="label">[312]</span></a> Jordan <i>v.</i> Boone, 5 Rich. 528.</p></div> - -<div class="footnote"><p><a name="Footnote_313_313" id="Footnote_313_313"></a><a href="#FNanchor_313_313"><span class="label">[313]</span></a> Washburn <i>v.</i> Jones, 14 Barb. 193.</p></div> - -<div class="footnote"><p><a name="Footnote_314_314" id="Footnote_314_314"></a><a href="#FNanchor_314_314"><span class="label">[314]</span></a> Dawson <i>v.</i> Chamney, 52 B. 33.</p></div> - -<div class="footnote"><p><a name="Footnote_315_315" id="Footnote_315_315"></a><a href="#FNanchor_315_315"><span class="label">[315]</span></a> Wharton on Innkeepers, p. 111; Matier <i>v.</i> Brown, 1 Cal. -221.</p></div> - -<div class="footnote"><p><a name="Footnote_316_316" id="Footnote_316_316"></a><a href="#FNanchor_316_316"><span class="label">[316]</span></a> Cayle’s Case, 8 Rep. 32; Hawley <i>v.</i> Smith, 25 Wend. -642.</p></div> - -<div class="footnote"><p><a name="Footnote_317_317" id="Footnote_317_317"></a><a href="#FNanchor_317_317"><span class="label">[317]</span></a> Story on Bailments, sec. 478.</p></div> - -<div class="footnote"><p><a name="Footnote_318_318" id="Footnote_318_318"></a><a href="#FNanchor_318_318"><span class="label">[318]</span></a> Saunders <i>v.</i> Plummer, Orl. Bridg. 227.</p></div> - -<div class="footnote"><p><a name="Footnote_319_319" id="Footnote_319_319"></a><a href="#FNanchor_319_319"><span class="label">[319]</span></a> Mason <i>v.</i> Thompson, 9 Pickering, 280.</p></div> - -<div class="footnote"><p><a name="Footnote_320_320" id="Footnote_320_320"></a><a href="#FNanchor_320_320"><span class="label">[320]</span></a> Bennet <i>v.</i> Mellor, 5 T. R. 273.</p></div> - -<div class="footnote"><p><a name="Footnote_321_321" id="Footnote_321_321"></a><a href="#FNanchor_321_321"><span class="label">[321]</span></a> Wintermute <i>v.</i> Clarke, 5 Sandf. 242; Smith <i>v.</i> -Dearlove, 6 C. B. 132.</p></div> - -<div class="footnote"><p><a name="Footnote_322_322" id="Footnote_322_322"></a><a href="#FNanchor_322_322"><span class="label">[322]</span></a> Peel <i>v.</i> McGraw, 25 Wendell, 653; York <i>v.</i> Grindstone, -1 Salk. 388; Sturt <i>v.</i> Dromgold, 3 Bulst. 289. But see Grinnell <i>v.</i> -Cook, 3 Hills, N. Y. 686; Ingallsbee <i>v.</i> Wood, 33 N. Y. 577; 36 Barb. -N. Y. 425; Nowers <i>v.</i> Fethers, 61 N. Y. 34; Healey <i>v.</i> Gray, 68 Me. -489.</p></div> - -<div class="footnote"><p><a name="Footnote_323_323" id="Footnote_323_323"></a><a href="#FNanchor_323_323"><span class="label">[323]</span></a> Mason <i>v.</i> Thompson, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_324_324" id="Footnote_324_324"></a><a href="#FNanchor_324_324"><span class="label">[324]</span></a> Bacon’s Abr. Inns and Innkeepers, C.</p></div> - -<div class="footnote"><p><a name="Footnote_325_325" id="Footnote_325_325"></a><a href="#FNanchor_325_325"><span class="label">[325]</span></a> Bacon, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_326_326" id="Footnote_326_326"></a><a href="#FNanchor_326_326"><span class="label">[326]</span></a> 21 Jac. I, chap. 21, sec. 2.</p></div> - -<div class="footnote"><p><a name="Footnote_327_327" id="Footnote_327_327"></a><a href="#FNanchor_327_327"><span class="label">[327]</span></a> 1 Hawk. 225.</p></div> - -<div class="footnote"><p><a name="Footnote_328_328" id="Footnote_328_328"></a><a href="#FNanchor_328_328"><span class="label">[328]</span></a> Cayle’s Case, 8 Rep. 32; Stammin <i>v.</i> Davis, 1 Salk. -404.</p></div> - -<div class="footnote"><p><a name="Footnote_329_329" id="Footnote_329_329"></a><a href="#FNanchor_329_329"><span class="label">[329]</span></a> Rosse <i>v.</i> Bramstead, 2 Rol. Rep. 438; Bac. Abr. vol. 4, -p. 411; Parsons on Contracts, vol. 3, p. 250. But see Mulliner <i>v.</i> -Florence, L. R. 3 Q. B. D. 454.</p></div> - -<div class="footnote"><p><a name="Footnote_330_330" id="Footnote_330_330"></a><a href="#FNanchor_330_330"><span class="label">[330]</span></a> Moss <i>v.</i> Townsend, 1 Bulstr. 207. But see Story on -Bailments, sec. 476.</p></div> - -<div class="footnote"><p><a name="Footnote_331_331" id="Footnote_331_331"></a><a href="#FNanchor_331_331"><span class="label">[331]</span></a> Story on Bailments, sec. 476.</p></div> - -<div class="footnote"><p><a name="Footnote_332_332" id="Footnote_332_332"></a><a href="#FNanchor_332_332"><span class="label">[332]</span></a> Allan <i>v.</i> Smith, 12 C. B., N. S. 638.</p></div> - -<div class="footnote"><p><a name="Footnote_333_333" id="Footnote_333_333"></a><a href="#FNanchor_333_333"><span class="label">[333]</span></a> Jones <i>v.</i> Thurloe, 8 Mod. 172; Jones <i>v.</i> Pearle, 1 -Strange, 556; Parsons on Contracts, vol. 3, p. 250.</p></div> - -<div class="footnote"><p><a name="Footnote_334_334" id="Footnote_334_334"></a><a href="#FNanchor_334_334"><span class="label">[334]</span></a> Ross <i>v.</i> Bramstead, 2 Rol. Rep. 438.</p></div> - -<div class="footnote"><p><a name="Footnote_335_335" id="Footnote_335_335"></a><a href="#FNanchor_335_335"><span class="label">[335]</span></a> York <i>v.</i> Grindstone, 2 Ld. Raym. 866. But see Fox <i>v.</i> -McGregor, 11 Barb. (N. Y.) 41; Saint <i>v.</i> Smith, 1 Caldw. (Tenn.) 51.</p></div> - -<div class="footnote"><p><a name="Footnote_336_336" id="Footnote_336_336"></a><a href="#FNanchor_336_336"><span class="label">[336]</span></a> Gilbert <i>v.</i> Berkeley, Skin. 648. And see Scarfe <i>v.</i> -Morgan, 4 M. & W. 270; and Somes <i>v.</i> B. Emp. Ell. Bl. & Ell. 353.</p></div> - -<div class="footnote"><p><a name="Footnote_337_337" id="Footnote_337_337"></a><a href="#FNanchor_337_337"><span class="label">[337]</span></a> Westbrooke <i>v.</i> Griffith, Moor. 876; Jones <i>v.</i> Thurloe, -8 Mod. 172; Mulliner <i>v.</i> Florence, L. R. 3 Q. B. D. 489.</p></div> - -<div class="footnote"><p><a name="Footnote_338_338" id="Footnote_338_338"></a><a href="#FNanchor_338_338"><span class="label">[338]</span></a> Westbrooke <i>v.</i> Griffith, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_339_339" id="Footnote_339_339"></a><a href="#FNanchor_339_339"><span class="label">[339]</span></a> Idem.</p></div> - -<div class="footnote"><p><a name="Footnote_340_340" id="Footnote_340_340"></a><a href="#FNanchor_340_340"><span class="label">[340]</span></a> Jones <i>v.</i> Pearle, Str. 556; Thames I. W. Co. <i>v.</i> Pat. -Derrick Co. 1 Johns. & W. 97; 27 L. J. C. 714; Mulliner <i>v.</i> Florence, -L. R. 3 Q. B. D. 484.</p></div> - -<div class="footnote"><p><a name="Footnote_341_341" id="Footnote_341_341"></a><a href="#FNanchor_341_341"><span class="label">[341]</span></a> Wharton on Innk. 122; Cross on Lien, 345 <i>n</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_342_342" id="Footnote_342_342"></a><a href="#FNanchor_342_342"><span class="label">[342]</span></a> Fox <i>v.</i> McGregor, 4 Barb. 41; Hickman <i>v.</i> Thomas, 16 -Ala. 666; Miller <i>v.</i> Marston, 85 Me. 153.</p></div> - -<div class="footnote"><p><a name="Footnote_343_343" id="Footnote_343_343"></a><a href="#FNanchor_343_343"><span class="label">[343]</span></a> York <i>v.</i> Grenaugh, 2 Ld. Raym. 866; Robinson <i>v.</i> -Walker, Pop. 127.</p></div> - -<div class="footnote"><p><a name="Footnote_344_344" id="Footnote_344_344"></a><a href="#FNanchor_344_344"><span class="label">[344]</span></a> Turrill <i>v.</i> Crawley, 13 Ad. & E. (N. S.) 197; Manning -<i>v.</i> Hollenbeck. 27 Wis. 202.</p></div> - -<div class="footnote"><p><a name="Footnote_345_345" id="Footnote_345_345"></a><a href="#FNanchor_345_345"><span class="label">[345]</span></a> See, also, Johnson <i>v.</i> Hill, 3 Stark. 172.</p></div> - -<div class="footnote"><p><a name="Footnote_346_346" id="Footnote_346_346"></a><a href="#FNanchor_346_346"><span class="label">[346]</span></a> Wharton, p. 120; Stirt <i>v.</i> Drungold, 3 Bulst. 289. But -see Mulliner <i>v.</i> Florence, L. R. 3 Q. B. D. 484.</p></div> - -<div class="footnote"><p><a name="Footnote_347_347" id="Footnote_347_347"></a><a href="#FNanchor_347_347"><span class="label">[347]</span></a> Burns <i>v.</i> Pigot, 9 C. & P. 208.</p></div> - -<div class="footnote"><p><a name="Footnote_348_348" id="Footnote_348_348"></a><a href="#FNanchor_348_348"><span class="label">[348]</span></a> Grinnell <i>v.</i> Cook, 3 Hill, (N. Y.) 486.</p></div> - -<div class="footnote"><p><a name="Footnote_349_349" id="Footnote_349_349"></a><a href="#FNanchor_349_349"><span class="label">[349]</span></a> Dixon <i>v.</i> Dalby, 9 U. C. Q. B. 79.</p></div> - -<div class="footnote"><p><a name="Footnote_350_350" id="Footnote_350_350"></a><a href="#FNanchor_350_350"><span class="label">[350]</span></a> Grammell <i>v.</i> Schley, 41 Ga. 112.</p></div> - -<div class="footnote"><p><a name="Footnote_351_351" id="Footnote_351_351"></a><a href="#FNanchor_351_351"><span class="label">[351]</span></a> Judson <i>v.</i> Etheridge, 1 C. & M. 743; Anderson <i>v.</i> Bell, -2 C. & M. 304; Parsons on Contracts, vol. 3, p. 250.</p></div> - -<div class="footnote"><p><a name="Footnote_352_352" id="Footnote_352_352"></a><a href="#FNanchor_352_352"><span class="label">[352]</span></a> Kinlock <i>v.</i> Craig, 3 L. R. 119; Taylor <i>v.</i> Robinson, 8 -Taunt. 648; Jackson <i>v.</i> Cummins, 5 M. & W. 342.</p></div> - -<div class="footnote"><p><a name="Footnote_353_353" id="Footnote_353_353"></a><a href="#FNanchor_353_353"><span class="label">[353]</span></a> Orchard <i>v.</i> Rackstraw, 9 C. B. 698; Hickman <i>v.</i> Thomas, -16 Ala. 666; Thickstein <i>v.</i> Howard, 8 Blackf. 535.</p></div> - -<div class="footnote"><p><a name="Footnote_354_354" id="Footnote_354_354"></a><a href="#FNanchor_354_354"><span class="label">[354]</span></a> Mason <i>v.</i> Thompson, 9 Pick. 280.</p></div> - -<div class="footnote"><p><a name="Footnote_355_355" id="Footnote_355_355"></a><a href="#FNanchor_355_355"><span class="label">[355]</span></a> Smith <i>v.</i> Dearlove, 6 C. B. 132.</p></div> - -<div class="footnote"><p><a name="Footnote_356_356" id="Footnote_356_356"></a><a href="#FNanchor_356_356"><span class="label">[356]</span></a> Wallace <i>v.</i> Woodgate, 1 Ryan & M. 193.</p></div> - -<div class="footnote"><p><a name="Footnote_357_357" id="Footnote_357_357"></a><a href="#FNanchor_357_357"><span class="label">[357]</span></a> Jacobs <i>v.</i> Latour, 2 M. & P. 20; 5 Bing. 130; Jackson -<i>v.</i> Cummins, 5 M. & W. 342; Harris <i>v.</i> Woodruff, 124 Mass. 205.</p></div> - -<div class="footnote"><p><a name="Footnote_358_358" id="Footnote_358_358"></a><a href="#FNanchor_358_358"><span class="label">[358]</span></a> Sunbolf <i>v.</i> Alford, 3 M. & W. 254; Parsons on Contracts, -vol. 3, p. 250.</p></div> - -<div class="footnote"><p><a name="Footnote_359_359" id="Footnote_359_359"></a><a href="#FNanchor_359_359"><span class="label">[359]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_360_360" id="Footnote_360_360"></a><a href="#FNanchor_360_360"><span class="label">[360]</span></a> Bacon’s Abr. Inns. D.</p></div> - -<div class="footnote"><p><a name="Footnote_361_361" id="Footnote_361_361"></a><a href="#FNanchor_361_361"><span class="label">[361]</span></a> Newton <i>v.</i> Trigg, 1 Shower, 269.</p></div> - -<div class="footnote"><p><a name="Footnote_362_362" id="Footnote_362_362"></a><a href="#FNanchor_362_362"><span class="label">[362]</span></a> Sunbolf <i>v.</i> Alford, 3 Mees. & W. 248.</p></div> - -<div class="footnote"><p><a name="Footnote_363_363" id="Footnote_363_363"></a><a href="#FNanchor_363_363"><span class="label">[363]</span></a> Mulliner <i>v.</i> Florence, L. R. 3 Q. B. D. 485.</p></div> - -<div class="footnote"><p><a name="Footnote_364_364" id="Footnote_364_364"></a><a href="#FNanchor_364_364"><span class="label">[364]</span></a> Drope <i>v.</i> Thaire, Latch, 127; Grinstone <i>v.</i> Innkeeper, -Hetl. 49; Pollock <i>v.</i> Landis, 36 Iowa, 651; Hursh <i>v</i>. Byers, 29 Mo. -469; Ewart <i>v.</i> Stark, 8 Rich. (S. C.) 423.</p></div> - -<div class="footnote"><p><a name="Footnote_365_365" id="Footnote_365_365"></a><a href="#FNanchor_365_365"><span class="label">[365]</span></a> Wintermute <i>v.</i> Clarke, 5 Sandf. 242.</p></div> - -<div class="footnote"><p><a name="Footnote_366_366" id="Footnote_366_366"></a><a href="#FNanchor_366_366"><span class="label">[366]</span></a> Wharton, p. 123.</p></div> - -<div class="footnote"><p><a name="Footnote_367_367" id="Footnote_367_367"></a><a href="#FNanchor_367_367"><span class="label">[367]</span></a> Berkshire Co. <i>v.</i> Proctor, 7 Cush. 417.</p></div> - -<div class="footnote"><p><a name="Footnote_368_368" id="Footnote_368_368"></a><a href="#FNanchor_368_368"><span class="label">[368]</span></a> Trelfall <i>v.</i> Borwick, 41 Law J. Q. B. 266; affirmed, L. -R. 10 Q. B. (Exch.) 210.</p></div> - -<div class="footnote"><p><a name="Footnote_369_369" id="Footnote_369_369"></a><a href="#FNanchor_369_369"><span class="label">[369]</span></a> Bennett <i>v.</i> Mellor, 5 T. R. 273.</p></div> - -<div class="footnote"><p><a name="Footnote_370_370" id="Footnote_370_370"></a><a href="#FNanchor_370_370"><span class="label">[370]</span></a> Allen <i>v.</i> Smith, 12 Com. B. N. S. 638; Peet <i>v.</i> McGraw, -25 Wend. 654.</p></div> - -<div class="footnote"><p><a name="Footnote_371_371" id="Footnote_371_371"></a><a href="#FNanchor_371_371"><span class="label">[371]</span></a> Johnson <i>v.</i> Hill, 3 Stark. 172; Kent <i>v.</i> Shuckard, 2 -Barn. & Adol. 805.</p></div> - -<div class="footnote"><p><a name="Footnote_372_372" id="Footnote_372_372"></a><a href="#FNanchor_372_372"><span class="label">[372]</span></a> Johnson <i>v.</i> Hill, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_373_373" id="Footnote_373_373"></a><a href="#FNanchor_373_373"><span class="label">[373]</span></a> Domestic Sewing Machine Co. <i>v.</i> Walters, 50 Ga. 573.</p></div> - -<div class="footnote"><p><a name="Footnote_374_374" id="Footnote_374_374"></a><a href="#FNanchor_374_374"><span class="label">[374]</span></a> Broadwood <i>v.</i> Granara, 10 Ex. 423. See, also, Carlisle -<i>v.</i> Quattlebaum, 2 Bail. 452; Fox <i>v.</i> McGregor, 11 Barb. 41.</p></div> - -<div class="footnote"><p><a name="Footnote_375_375" id="Footnote_375_375"></a><a href="#FNanchor_375_375"><span class="label">[375]</span></a> Cross on Lien, p. 30; Snead <i>v.</i> Watkins, 1 Com. B. N. S. -267.</p></div> - -<div class="footnote"><p><a name="Footnote_376_376" id="Footnote_376_376"></a><a href="#FNanchor_376_376"><span class="label">[376]</span></a> Byall <i>v.</i> ——, Atk. 165. See, also, Chapter VII.</p></div> - -<div class="footnote"><p><a name="Footnote_377_377" id="Footnote_377_377"></a><a href="#FNanchor_377_377"><span class="label">[377]</span></a> Manning <i>v.</i> Hollenbeck, 27 Wis. 202.</p></div> - -<div class="footnote"><p><a name="Footnote_378_378" id="Footnote_378_378"></a><a href="#FNanchor_378_378"><span class="label">[378]</span></a> Dicas <i>v.</i> Stockley, 7 Car. & P. 587; Bristol <i>v.</i> -Wilsmore, 1 Barn. & C. 514.</p></div> - -<div class="footnote"><p><a name="Footnote_379_379" id="Footnote_379_379"></a><a href="#FNanchor_379_379"><span class="label">[379]</span></a> Ratcliff <i>v.</i> Davies, Cro. Jac. 244.</p></div> - -<div class="footnote"><p><a name="Footnote_380_380" id="Footnote_380_380"></a><a href="#FNanchor_380_380"><span class="label">[380]</span></a> Gordon <i>v.</i> Cox, 7 Car. & P. 172.</p></div> - -<div class="footnote"><p><a name="Footnote_381_381" id="Footnote_381_381"></a><a href="#FNanchor_381_381"><span class="label">[381]</span></a> Per Willes J., Allen <i>v.</i> Smith, 12 Com. B. N. S. 644.</p></div> - -<div class="footnote"><p><a name="Footnote_382_382" id="Footnote_382_382"></a><a href="#FNanchor_382_382"><span class="label">[382]</span></a> Owen <i>v.</i> Knight, 5 Scott, 307.</p></div> - -<div class="footnote"><p><a name="Footnote_383_383" id="Footnote_383_383"></a><a href="#FNanchor_383_383"><span class="label">[383]</span></a> Hodgson <i>v.</i> Loy, 7 T. R. 660.</p></div> - -<div class="footnote"><p><a name="Footnote_384_384" id="Footnote_384_384"></a><a href="#FNanchor_384_384"><span class="label">[384]</span></a> Horncastle <i>v.</i> Farran, 2 Barn. & Ald. 497.</p></div> - -<div class="footnote"><p><a name="Footnote_385_385" id="Footnote_385_385"></a><a href="#FNanchor_385_385"><span class="label">[385]</span></a> Case <i>v.</i> Fogg, 46 Mo. 66; Thames Iron W. Co. <i>v.</i> Patent -Derrick Co. 1 Johns. & W. 97; Mulliner <i>v.</i> Florence L. R. 3 Q. B. 484.</p></div> - -<div class="footnote"><p><a name="Footnote_386_386" id="Footnote_386_386"></a><a href="#FNanchor_386_386"><span class="label">[386]</span></a> Proctor <i>v.</i> Nicholson, 7 Car. & P. 67.</p></div> - -<div class="footnote"><p><a name="Footnote_387_387" id="Footnote_387_387"></a><a href="#FNanchor_387_387"><span class="label">[387]</span></a> Watson <i>v.</i> Cross, 2 Duv. (Ken.) 147.</p></div> - -<div class="footnote"><p><a name="Footnote_388_388" id="Footnote_388_388"></a><a href="#FNanchor_388_388"><span class="label">[388]</span></a> Somes <i>v.</i> British Emp. Sh. Co. 8 H. L. Cas. 338; El. B. -& E. 353. But see, in cases of horses, p. 129.</p></div> - -<div class="footnote"><p><a name="Footnote_389_389" id="Footnote_389_389"></a><a href="#FNanchor_389_389"><span class="label">[389]</span></a> Clayton <i>v.</i> Butterfield, 10 Rich. 423.</p></div> - -<div class="footnote"><p><a name="Footnote_390_390" id="Footnote_390_390"></a><a href="#FNanchor_390_390"><span class="label">[390]</span></a> Dansey <i>v.</i> Richardson, 3 El. & Bl. 144.</p></div> - -<div class="footnote"><p><a name="Footnote_391_391" id="Footnote_391_391"></a><a href="#FNanchor_391_391"><span class="label">[391]</span></a> Holder <i>v.</i> Soulby, 8 C. B. N. S. 254.</p></div> - -<div class="footnote"><p><a name="Footnote_392_392" id="Footnote_392_392"></a><a href="#FNanchor_392_392"><span class="label">[392]</span></a> Idem—Earle, C. J.</p></div> - -<div class="footnote"><p><a name="Footnote_393_393" id="Footnote_393_393"></a><a href="#FNanchor_393_393"><span class="label">[393]</span></a> Manning <i>v.</i> Wells, 9 Humph. 746.</p></div> - -<div class="footnote"><p><a name="Footnote_394_394" id="Footnote_394_394"></a><a href="#FNanchor_394_394"><span class="label">[394]</span></a> Johnson <i>v.</i> Reynolds, 3 Ken. 257. See, also, Chamberlain -<i>v.</i> Masterson, 26 Ala. 371.</p></div> - -<div class="footnote"><p><a name="Footnote_395_395" id="Footnote_395_395"></a><a href="#FNanchor_395_395"><span class="label">[395]</span></a> Smith <i>v.</i> Reed, 6 Daly, 33.</p></div> - -<div class="footnote"><p><a name="Footnote_396_396" id="Footnote_396_396"></a><a href="#FNanchor_396_396"><span class="label">[396]</span></a> Soltan <i>v.</i> De Held, 2 Sim. N. S. 133.</p></div> - -<div class="footnote"><p><a name="Footnote_397_397" id="Footnote_397_397"></a><a href="#FNanchor_397_397"><span class="label">[397]</span></a> State <i>v.</i> Linkham, 69 N. C. 214.</p></div> - -<div class="footnote"><p><a name="Footnote_398_398" id="Footnote_398_398"></a><a href="#FNanchor_398_398"><span class="label">[398]</span></a> State <i>v.</i> Hughes, 72 N. C. 25.</p></div> - -<div class="footnote"><p><a name="Footnote_399_399" id="Footnote_399_399"></a><a href="#FNanchor_399_399"><span class="label">[399]</span></a> State <i>v.</i> Powell, 70 N. C. 67.</p></div> - -<div class="footnote"><p><a name="Footnote_400_400" id="Footnote_400_400"></a><a href="#FNanchor_400_400"><span class="label">[400]</span></a> Newton <i>v.</i> Harland, 1 M. & G. 644.</p></div> - -<div class="footnote"><p><a name="Footnote_401_401" id="Footnote_401_401"></a><a href="#FNanchor_401_401"><span class="label">[401]</span></a> De Witt <i>v.</i> Pierson, 112 Mass 8.</p></div> - -<div class="footnote"><p><a name="Footnote_402_402" id="Footnote_402_402"></a><a href="#FNanchor_402_402"><span class="label">[402]</span></a> Dansey <i>v.</i> Richardson, 3 El. & B. 144.</p></div> - -<div class="footnote"><p><a name="Footnote_403_403" id="Footnote_403_403"></a><a href="#FNanchor_403_403"><span class="label">[403]</span></a> Cady <i>v.</i> McDowell, 1 Lans. (N. Y.) 484.</p></div> - -<div class="footnote"><p><a name="Footnote_404_404" id="Footnote_404_404"></a><a href="#FNanchor_404_404"><span class="label">[404]</span></a> Pinkerton <i>v.</i> Woodward, 33 Cal. 557.</p></div> - -<div class="footnote"><p><a name="Footnote_405_405" id="Footnote_405_405"></a><a href="#FNanchor_405_405"><span class="label">[405]</span></a> Thompson <i>v.</i> Lacy, 3 Barn. & Adol. 283.</p></div> - -<div class="footnote"><p><a name="Footnote_406_406" id="Footnote_406_406"></a><a href="#FNanchor_406_406"><span class="label">[406]</span></a> Willard <i>v.</i> Reinhardt, 2 E. D. Smith, 148.</p></div> - -<div class="footnote"><p><a name="Footnote_407_407" id="Footnote_407_407"></a><a href="#FNanchor_407_407"><span class="label">[407]</span></a> Wharton on Innkeepers, 123.</p></div> - -<div class="footnote"><p><a name="Footnote_408_408" id="Footnote_408_408"></a><a href="#FNanchor_408_408"><span class="label">[408]</span></a> Benner <i>v.</i> Welburn, 7 Ga. 296, 307; Southwood <i>v.</i> -Myers, 3 Bush, 681.</p></div> - -<div class="footnote"><p><a name="Footnote_409_409" id="Footnote_409_409"></a><a href="#FNanchor_409_409"><span class="label">[409]</span></a> Stewart <i>v.</i> McCready, 24 How. Pr. 62; Jones <i>v.</i> -Merrill, 42 Barb. 623; Cross <i>v.</i> Wilkins, 43 N. H. 332; Nichols <i>v.</i> -Holliday, 29 Wis. 406.</p></div> - -<div class="footnote"><p><a name="Footnote_410_410" id="Footnote_410_410"></a><a href="#FNanchor_410_410"><span class="label">[410]</span></a> Brooks <i>v.</i> Harrison, 41 Conn. 184.</p></div> - -<div class="footnote"><p><a name="Footnote_411_411" id="Footnote_411_411"></a><a href="#FNanchor_411_411"><span class="label">[411]</span></a> Wright <i>v.</i> Stewart, 29 Law J. Q. B. 161.</p></div> - -<div class="footnote"><p><a name="Footnote_412_412" id="Footnote_412_412"></a><a href="#FNanchor_412_412"><span class="label">[412]</span></a> 2 and 3 Edw. VI, chap. 19.</p></div> - -<div class="footnote"><p><a name="Footnote_413_413" id="Footnote_413_413"></a><a href="#FNanchor_413_413"><span class="label">[413]</span></a> 5 Eliz. chap. 5, sec. 15.</p></div> - -<div class="footnote"><p><a name="Footnote_414_414" id="Footnote_414_414"></a><a href="#FNanchor_414_414"><span class="label">[414]</span></a> Woodfall, Landlord and Tenant. But see Wright <i>v.</i> -Stewart, 6 Jur. N. S. 867.</p></div> - -<div class="footnote"><p><a name="Footnote_415_415" id="Footnote_415_415"></a><a href="#FNanchor_415_415"><span class="label">[415]</span></a> Woodfall, Landlord and Tenant. But see Wright <i>v.</i> -Stewart, 6 Jur. N. S. 867.</p></div> - -<div class="footnote"><p><a name="Footnote_416_416" id="Footnote_416_416"></a><a href="#FNanchor_416_416"><span class="label">[416]</span></a> Parsons on Contracts, vol. 1, p. 517.</p></div> - -<div class="footnote"><p><a name="Footnote_417_417" id="Footnote_417_417"></a><a href="#FNanchor_417_417"><span class="label">[417]</span></a> Baynes <i>v.</i> Smith, 1 Esp. 206.</p></div> - -<div class="footnote"><p><a name="Footnote_418_418" id="Footnote_418_418"></a><a href="#FNanchor_418_418"><span class="label">[418]</span></a> Bisset <i>v.</i> Caldwell, 1 Esp. 206, n.</p></div> - -<div class="footnote"><p><a name="Footnote_419_419" id="Footnote_419_419"></a><a href="#FNanchor_419_419"><span class="label">[419]</span></a> Woodfall, Landlord and Tenant, 384.</p></div> - -<div class="footnote"><p><a name="Footnote_420_420" id="Footnote_420_420"></a><a href="#FNanchor_420_420"><span class="label">[420]</span></a> Parsons on Contracts, vol. 1, p. 518.</p></div> - -<div class="footnote"><p><a name="Footnote_421_421" id="Footnote_421_421"></a><a href="#FNanchor_421_421"><span class="label">[421]</span></a> Archer <i>v.</i> Wetherell, 4 Hill (N. Y.) 112.</p></div> - -<div class="footnote"><p><a name="Footnote_422_422" id="Footnote_422_422"></a><a href="#FNanchor_422_422"><span class="label">[422]</span></a> 34 and 35 Vict. chap. 79; Phillips <i>v.</i> Henson, L. R. 3 -C. P. D. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_423_423" id="Footnote_423_423"></a><a href="#FNanchor_423_423"><span class="label">[423]</span></a> Hunter <i>v.</i> Hunt, 1 Com. B. 300.</p></div> - -<div class="footnote"><p><a name="Footnote_424_424" id="Footnote_424_424"></a><a href="#FNanchor_424_424"><span class="label">[424]</span></a> Mechelen <i>v.</i> Wallace, 7 Ad. & E. 49; Vaughan <i>v.</i> -Hancock, 3 Com. B. 766.</p></div> - -<div class="footnote"><p><a name="Footnote_425_425" id="Footnote_425_425"></a><a href="#FNanchor_425_425"><span class="label">[425]</span></a> Ross <i>v.</i> Fedden, 7 Q. B. 661.</p></div> - -<div class="footnote"><p><a name="Footnote_426_426" id="Footnote_426_426"></a><a href="#FNanchor_426_426"><span class="label">[426]</span></a> Culverwell <i>v.</i> Lockington, 24 C. P. (Ont. 611.)</p></div> - -<div class="footnote"><p><a name="Footnote_427_427" id="Footnote_427_427"></a><a href="#FNanchor_427_427"><span class="label">[427]</span></a> Jaffe <i>v.</i> Harteau, 56 N. Y. 398.</p></div> - -<div class="footnote"><p><a name="Footnote_428_428" id="Footnote_428_428"></a><a href="#FNanchor_428_428"><span class="label">[428]</span></a> Kimmell <i>v.</i> Burfiend, 2 Daly (N. Y.), 155.</p></div> - -<div class="footnote"><p><a name="Footnote_429_429" id="Footnote_429_429"></a><a href="#FNanchor_429_429"><span class="label">[429]</span></a> Carstairs <i>v.</i> Taylor, L. R. 6 Ex. 223.</p></div> - -<div class="footnote"><p><a name="Footnote_430_430" id="Footnote_430_430"></a><a href="#FNanchor_430_430"><span class="label">[430]</span></a> Stapenhurst <i>v.</i> Am. Man. Co. 15 Abb. Pr. N. S. 355; -Simonton <i>v.</i> Loring, 68 Me. 164.</p></div> - -<div class="footnote"><p><a name="Footnote_431_431" id="Footnote_431_431"></a><a href="#FNanchor_431_431"><span class="label">[431]</span></a> Arden <i>v.</i> Pullen, 10 Mees. & W. 321; Keates <i>v.</i> -Cadogan, 10 C. B. 591; Gott <i>v.</i> Gandy, 2 El. & B. 845; Wiltz <i>v.</i> -Matthews, 52 N. Y. 512; Taffe <i>v.</i> Harteau, 56 N. Y. 398.</p></div> - -<div class="footnote"><p><a name="Footnote_432_432" id="Footnote_432_432"></a><a href="#FNanchor_432_432"><span class="label">[432]</span></a> Scott <i>v.</i> Simons, 54 N. H. 426.</p></div> - -<div class="footnote"><p><a name="Footnote_433_433" id="Footnote_433_433"></a><a href="#FNanchor_433_433"><span class="label">[433]</span></a> Clancy <i>v.</i> Byrne, 56 N. Y. 129.</p></div> - -<div class="footnote"><p><a name="Footnote_434_434" id="Footnote_434_434"></a><a href="#FNanchor_434_434"><span class="label">[434]</span></a> Izon <i>v.</i> Gorton, 5 Bing. N. C. 501; 7 Scott, 537.</p></div> - -<div class="footnote"><p><a name="Footnote_435_435" id="Footnote_435_435"></a><a href="#FNanchor_435_435"><span class="label">[435]</span></a> Surplice <i>v.</i> Farnsworth, 7 M. & G. 576.</p></div> - -<div class="footnote"><p><a name="Footnote_436_436" id="Footnote_436_436"></a><a href="#FNanchor_436_436"><span class="label">[436]</span></a> Maclennan <i>v.</i> Royal Ins. Co. 39 Q. B. (Ont.) 515.</p></div> - -<div class="footnote"><p><a name="Footnote_437_437" id="Footnote_437_437"></a><a href="#FNanchor_437_437"><span class="label">[437]</span></a> Underwood <i>v.</i> Burrows, 7 Car. &. P. 26.</p></div> - -<div class="footnote"><p><a name="Footnote_438_438" id="Footnote_438_438"></a><a href="#FNanchor_438_438"><span class="label">[438]</span></a> Idem.</p></div> - -<div class="footnote"><p><a name="Footnote_439_439" id="Footnote_439_439"></a><a href="#FNanchor_439_439"><span class="label">[439]</span></a> Smith <i>v.</i> Marrable, 11 Mees. & W. 5; Add. on Con. -375-6.</p></div> - -<div class="footnote"><p><a name="Footnote_440_440" id="Footnote_440_440"></a><a href="#FNanchor_440_440"><span class="label">[440]</span></a> Hart <i>v.</i> Windsor, 11 Mees. & W. 68; Sutton <i>v.</i> Temple, -Ibid. 57; Searle <i>v.</i> Laverick, Law R. 9 Q. B. 131; McGlasham <i>v.</i> -Tallmadge, 37 Barb. 313.</p></div> - -<div class="footnote"><p><a name="Footnote_441_441" id="Footnote_441_441"></a><a href="#FNanchor_441_441"><span class="label">[441]</span></a> Hart <i>v.</i> Windsor, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_442_442" id="Footnote_442_442"></a><a href="#FNanchor_442_442"><span class="label">[442]</span></a> Wilson <i>v.</i> Finch Hatton, L. R. 2 Ex. D. 343.</p></div> - -<div class="footnote"><p><a name="Footnote_443_443" id="Footnote_443_443"></a><a href="#FNanchor_443_443"><span class="label">[443]</span></a> Dutton <i>v.</i> Gerrish, 63 Mass. 94.</p></div> - -<div class="footnote"><p><a name="Footnote_444_444" id="Footnote_444_444"></a><a href="#FNanchor_444_444"><span class="label">[444]</span></a> Sutton <i>v.</i> Temple, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_445_445" id="Footnote_445_445"></a><a href="#FNanchor_445_445"><span class="label">[445]</span></a> Westlake <i>v.</i> De Graw, 25 Wend. 669.</p></div> - -<div class="footnote"><p><a name="Footnote_446_446" id="Footnote_446_446"></a><a href="#FNanchor_446_446"><span class="label">[446]</span></a> Wilson <i>v.</i> Finch Hatton, L. R. 2 Ex. D. 336.</p></div> - -<div class="footnote"><p><a name="Footnote_447_447" id="Footnote_447_447"></a><a href="#FNanchor_447_447"><span class="label">[447]</span></a> Smith <i>v.</i> Marrable, 11 Mees. & W. 5.</p></div> - -<div class="footnote"><p><a name="Footnote_448_448" id="Footnote_448_448"></a><a href="#FNanchor_448_448"><span class="label">[448]</span></a> Minor <i>v.</i> Sharon, 112 Mass. 477.</p></div> - -<div class="footnote"><p><a name="Footnote_449_449" id="Footnote_449_449"></a><a href="#FNanchor_449_449"><span class="label">[449]</span></a> Add. on Contracts, 377.</p></div> - -<div class="footnote"><p><a name="Footnote_450_450" id="Footnote_450_450"></a><a href="#FNanchor_450_450"><span class="label">[450]</span></a> Izon <i>v.</i> Gorton, 5 Bing. N. C. 501; 7 Scott, 537; Parker -<i>v.</i> Gibbons, 1 Q. B. 421; Fowler <i>v.</i> Payne, 49 Miss. 32.</p></div> - -<div class="footnote"><p><a name="Footnote_451_451" id="Footnote_451_451"></a><a href="#FNanchor_451_451"><span class="label">[451]</span></a> Newman <i>v.</i> Anderton, 2 Bos. & P. N. R. 224; Cadogan <i>v.</i> -Kennet, Cowp. 432.</p></div> - -<div class="footnote"><p><a name="Footnote_452_452" id="Footnote_452_452"></a><a href="#FNanchor_452_452"><span class="label">[452]</span></a> Ibid.</p></div> - -<div class="footnote"><p><a name="Footnote_453_453" id="Footnote_453_453"></a><a href="#FNanchor_453_453"><span class="label">[453]</span></a> Newman <i>v.</i> Anderton, <i>supra</i>.</p></div> - -<div class="footnote"><p><a name="Footnote_454_454" id="Footnote_454_454"></a><a href="#FNanchor_454_454"><span class="label">[454]</span></a> Ernot <i>v.</i> Cole, Dyer, 212b; Cadogan <i>v.</i> Kennet, -<i>supra</i>. But see Salmon <i>v.</i> Matthews, 8 Mees. & W. 827.</p></div> - -<div class="footnote"><p><a name="Footnote_455_455" id="Footnote_455_455"></a><a href="#FNanchor_455_455"><span class="label">[455]</span></a> Parry <i>v.</i> Hazell, 1 Esp. 64; Peacock <i>v.</i> Raffan, 6 Esp. -4; Doe <i>v.</i> Bayley, 6 East, 121; Woodfall, 8 Ed. 176.</p></div> - -<div class="footnote"><p><a name="Footnote_456_456" id="Footnote_456_456"></a><a href="#FNanchor_456_456"><span class="label">[456]</span></a> Huffell <i>v.</i> Armstead, 7 Car. & P. 56; Peacock <i>v.</i> -Raffan, 6 Esp. 4; Towne <i>v.</i> Campbell, 3 Com. B. 94.</p></div> - -<div class="footnote"><p><a name="Footnote_457_457" id="Footnote_457_457"></a><a href="#FNanchor_457_457"><span class="label">[457]</span></a> People <i>v.</i> Giolet, 14 Abb. Pr. N. S. 130.</p></div> - -<div class="footnote"><p><a name="Footnote_458_458" id="Footnote_458_458"></a><a href="#FNanchor_458_458"><span class="label">[458]</span></a> Jones <i>v.</i> Mills, 10 Com. B. N. S. 788.</p></div> - -<div class="footnote"><p><a name="Footnote_459_459" id="Footnote_459_459"></a><a href="#FNanchor_459_459"><span class="label">[459]</span></a> Finlayson <i>v.</i> Bayley, 5 Car. & P. 67.</p></div> - -<div class="footnote"><p><a name="Footnote_460_460" id="Footnote_460_460"></a><a href="#FNanchor_460_460"><span class="label">[460]</span></a> Huffell <i>v.</i> Armistead, 7 Car. & P. 56.</p></div> - -<div class="footnote"><p><a name="Footnote_461_461" id="Footnote_461_461"></a><a href="#FNanchor_461_461"><span class="label">[461]</span></a> Walls <i>v.</i> Atcheson, 3 Bing. 462.</p></div> - -<div class="footnote"><p><a name="Footnote_462_462" id="Footnote_462_462"></a><a href="#FNanchor_462_462"><span class="label">[462]</span></a> Griffith <i>v.</i> Hodges, 2 Car. & P. 419.</p></div> - -<div class="footnote"><p><a name="Footnote_463_463" id="Footnote_463_463"></a><a href="#FNanchor_463_463"><span class="label">[463]</span></a> Bethett <i>v.</i> Blencome, 3 M. & G. 119.</p></div> - -<div class="footnote"><p><a name="Footnote_464_464" id="Footnote_464_464"></a><a href="#FNanchor_464_464"><span class="label">[464]</span></a> Ricket <i>v.</i> Tullick, 6 Car. & P. 66.</p></div> - -<div class="footnote"><p><a name="Footnote_465_465" id="Footnote_465_465"></a><a href="#FNanchor_465_465"><span class="label">[465]</span></a> Doupe <i>v.</i> Genin, 45 N. Y. 119.</p></div> - -<div class="footnote"><p><a name="Footnote_466_466" id="Footnote_466_466"></a><a href="#FNanchor_466_466"><span class="label">[466]</span></a> Lane <i>v.</i> Dixon, 3 M. G. & S. 776.</p></div> - -<div class="footnote"><p><a name="Footnote_467_467" id="Footnote_467_467"></a><a href="#FNanchor_467_467"><span class="label">[467]</span></a> Hartley <i>v.</i> Bloxham, 3 Q. B. 701.</p></div> - -<div class="footnote"><p><a name="Footnote_468_468" id="Footnote_468_468"></a><a href="#FNanchor_468_468"><span class="label">[468]</span></a> Lane <i>v.</i> Dixon, <i>supra</i>, per Cresswell, J.</p></div> - -<div class="footnote"><p><a name="Footnote_469_469" id="Footnote_469_469"></a><a href="#FNanchor_469_469"><span class="label">[469]</span></a> Nowlan <i>v.</i> Nevor, 2 Sweeny, (N. Y.) 67.</p></div> - -<div class="footnote"><p><a name="Footnote_470_470" id="Footnote_470_470"></a><a href="#FNanchor_470_470"><span class="label">[470]</span></a> Pool <i>v.</i> Higinson, 18 Alb. L. J. 82.</p></div> - -<div class="footnote"><p><a name="Footnote_471_471" id="Footnote_471_471"></a><a href="#FNanchor_471_471"><span class="label">[471]</span></a> Mellish, L. J. L. R. 8 Ch. 471.</p></div> - -</div> - -<div class="c"> -<img src="images/back.jpg" height="500" alt="" /> -</div> - -<hr class="full" /> -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE LAW OF HOTEL LIFE ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ -concept and trademark. 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