must pay all arrears, and can only recover them by having recourse to the last tenant.

In purchasing a lease of a tenant, care should be taken, by examining the lease and inventory, that fixtures, and other things belonging to the landlord, are not paid for as belonging to the tenant.

A practice, which it is necessary to guard against, has become prevalent, to insert words in leases sufficiently comprehensive to include trade fixtures, and such as the law itself, without the lease, would consider the tenant's.

A person taking a house on a repairing lease, and undertaking to keep it in repair, and leave it in as good condition as when he entered it, is bound to rebuild or repair it, in case it be destroyed by fire, lightning, tempest, or other accident.

A person taking a lease ought to obtain a copy of it before it is engrossed on stamps, and carefully consider the terms it embraces. Regard ought also to be had to the locality of a dwelling, whether there are symptoms of damp, as indicated by the paper peeling off, or the walls being discoloured; whether the chimneys are smoky, which may be known by signs about the fire-place, or the smoky appearance of the ceiling; whether it is subject to unpleasant smells from drains, cesspools, &c.; whether there are any nuisances or annoying trades in the neighbourhood, from tallow-melters, soap-boilers, and the noise of steam-engines and manufactories.

Every lodger should examine the condition of the apartments he takes, with the number of panes of glass cracked or broken, or other things defaced or damaged for, on quitting the lodging, the landlord is likely to demand satisfaction for what was destroyed before his entrance.

If the premises are burnt down, the tenant should, if he has the power, give notice in writing of his intention to quit, in order that he may cease as soon as possible to be liable to pay the rent.

It has been decided that a landlord is not liable, as in the case of an innkeeper, for any goods or property lost or stolen from the apartments of his lodger.-Common Pleas, Easter Term, 1860.

As it is not the policy of the law to encourage immorality, a landlord cannot recover for board and lodging furnished to a woman of the town, if he is aware at the time that such is her mode of life, 1 Car & Pay. 347: T. T. 1826.

Lastly, within the limits of the metropolitan police, the magistrates have summary power to order compensation, not exceeding £15, for any wilful or malicious damage committed by tenants in any house or lodging, or to the furniture, on complaint made within one calendar month. They may also deal summarily with cases of oppressive distress by landlords, where the house or lodging, by the week or month, does not exceed the rate of £15 a year, 2 & 3 V. c. 71, ss. 38, 39.

CHAPTER XIX.

Innkeepers, Licensed Victuallers, Beer Retailers, and Theatres.

I. INNKEEPERS.

Ax inn, as distinguished from a common alehouse or beerhouse, may be described as a house of public entertainment, where provisions and beds are furnished to persons who apply for them; although it is called an hotel, tavern, or coffee house, and it is not frequented by stage-coaches or waggons, and has no stable attached to it, yet furnishing the accommodation of lodging and victuals, it comes within the legal description of an inn, and is subject to the same liabilities, Thompson v. Lacey, 3 B. & A. 283.

An innkeeper is bound to receive all guests or travellers, and to provide them with necessary food and lodging, or to dress any victuals which they may require, unless he can show a reasonable excuse for his refusal, such as his house is already full, or the like; but he is not obliged to allow his guests a particular room. He has no option either to receive or reject guests, and as he cannot refuse to receive guests, so neither can he impose unreasonable terms on them.

If an innkeeper refuse to entertain a guest on tendering him a reasonable price, not only may his house be suppressed, but damages obtained by action, and he may be indicted and fined at the suit of the crown. It is said that he may be compelled, by the constable of the town or justice of the peace, to receive and entertain such person as a guest; and this, whether he has a sign before his door or not, if he make it his general business to entertain travellers, 1 Hawk, c. 78. He may also be compelled to receive a horse, though the owner does not lodge in the house; but it has been ruled that an innkeeper is not bound to furnish travellers with post horses, though he has a license, and has horses at liberty in his stable.

In the court of Common Pleas, November 17, 1864, the important point was decided in relation to what is called the travellers' question. Judgment had been decided against the appellant on a charge of selling liquor during the prohibited hours on Sunday. Lord Chief Justice Erle, in substantially giving judgment for the appellant against the local magistrates, gave a liberal interpretation to the word "traveller," holding that any person who went abroad for purposes of business or pleasure was entitled to refreshment. But it is necessary that the publican should have good reason to believe that his customers are travellers; and magis

trates must also take into account whether they have stopped longer than is necessary to obtain the required refreshment.

An innkeeper is bound to protect the property of his guests, and is accountable for all the goods placed within his house, whether delivered expressly into his keeping or not; it is sufficient, if they be at the inn, to charge him.

If a guest be robbed, he is bound to restitution, unless it appear the guest was robbed by his own servant or companion; and it is no plea for the innkeeper, that at the time the theft was committed he was sick or insane. Like a carrier, his liability can only be limited by express agreement or notice. Therefore, where a package, part of a traveller's luggage, was placed by his desire in the commercial room of an inn, from which it was stolen, the innkeeper was held liable, though it was proved to be the custom of the house to deposit all luggage in the bed-rooms of guests, Richmond v. Smith, 8 B. & C. 9.

But an innkeeper is bound to answer only for those things which are within his house. If therefore, he refuse, because his house is full, to receive a person, who thereupon says he will shift, and then is robbed, the innkeeper is not liable. Nor is any innkeeper in any case liable for goods, unless the owner be a guest, that is, a traveller or passenger at the inn.

A man by putting up a horse, though he never enter the inn himself, becomes thereby a guest. If one contract for lodging for a set time, and do not eat or drink there, he is no guest, but a lodger, and so not under the innkeeper's protection; but if he eat, drink, or pay for his diet, it is otherwise.

In many inns and hotels, it is a common practice for the innkeeper to pay the laundresses' and other persons' bills on behalf of their guests, as a matter of course; but by ordinarily discharging such bills, innkeepers render themselves liable for the payment of any undischarged bills of the same kind, Stark. Rep. 171.

The Reckoning.-An innkeeper may detain the horse which eats, till payment. But a horse committed to an innkeeper may be detained only for his own meat, and not for the meat of his guest, or of any other horse.

A livery stable keeper cannot detain a horse for his keep, except by special agreement; his remedy is by action against the

owner.

By 24 G. 2, c. 40, which was intended to discourage tippling, by limiting petty credit to the poorer classes, an innkeeper cannot recover any debt or demand for spirituous liquors, unless of the amount of 20s. or upwards, and contracted for at one time.

This act was partly repealed in 1862, by 25 & 26 V. c. 38, but so far only as relates to spirituous liquors sold to be consumed elsewhere than on the premises, where sold and delivered at the resi dence of the purchaser, in quantities not less at any one time than a reputed quart.

If several persons meet at an inn or tavern and dine there, without a special agreement with the inn or tavern keeper, each is liable for the whole expense of the dinner, unless previous notice had been given that they came by the invitation of others, in which case they are not liable for their own share, for the credit was given to the inviters. In the cases of a regimental mess and public dinner, each person is liable for his own share, for their manner of dining is notice to him who provides the dinner.

If an innkeeper refuse to give in the reckoning in writing, or otherwise, specifying the number of quarts or pints, or sells in other than standard measure, he cannot, on default of payment of such reckoning, detain any goods or things belonging to the person from whom such reckoning is due.

Contrary to the dictum of Judge Eyres, it has been lately decided that an innkeeper cannot detain the person of his guest or take off his clothes, in order to secure the payment of his bill, Sunbolf v. Alford, 3 M. & W. 248.

An innkeeper may detain, for his keep, a horse left with him to be kept, though the person who left him had no right to him, and though such person did not stay in the inn.

A horse taken away before the reckoning is discharged may be pursued and brought back.

An innkeeper has no right, by general custom, to use a horse detained for his meat, nor to sell him. But, by the special custom of London and Exeter, he may take a horse, who has eaten out his price, to his own use, on the appraisement of four neighbours.

Act of 1863.-To fix more precisely the onerous liabilities of an innkeeper, the 26 & 27 V. c. 41, provides that no innkeeper shall be liable for any loss or injury to property brought to his inn, not being a horse or other live animal, or any gear pertaining thereto, or any carriage, beyond £30, except such property be lost or injured through wilful neglect of innkeeper or his servant, or except such has been deposited expressly for safe custody with innkeeper. In case of express deposit, innkeeper may require, as a condition of liability, that the property be deposited in a box or other receptacle fastened and sealed by the depositor. Innkeeper bound, as mentioned, to receive property of guests for safe custody. First section of the act to be printed in plain type and conspicuously exhibited in the hall or entrance to the inn, and innkeepers only entitled to the benefit of the act in respect of property while such notice is exhibited, s. 3. The word "inn" interpreted to mean any hotel, inn, tavern, public-house, or other place of refreshment, the keeper of which is now by law responsible for the property of his guests.

Billeting of Soldiers.-By the Annual Mutiny Act, all keepers of inns, livery-stables, alehouses, victualling-houses, wine-sellers by retail, and dram-sellers, are obliged to receive all officers and sol

diers quartered, or billeted, upon them. But persons having more billeted in proportion than their neighbours, may be relieved, by complaint to a justice. Persons holding canteens, distillers, shopkeepers whose principal dealing is not in spirits, keepers of taverns only, being free of the Vintners' Company in London, are exempt from receiving the military, 5. W 4, c. 6.

Innkeepers refusing to accommodate the military, as provided by the act, may be fined, not above £5, nor less than 40s. Officers quartering the wives, children, or servants of any of the military, without consent of the owner, may be fined 208. Where any horse or dragoon is quartered on a person having no stable, he may be relieved on complaint to a magistrate, and the payment of a composition.

Soldiers while on the march may require the parties on whom they are quartered to furnish one hot meal per day, consisting of not exceeding one pound and a quarter of meat, previous to being dressed, one pound of bread, one pound of vegetables, two pints of small beer, vinegar, and salt, for which they shall charge 10d. The allowance for hay and straw per day, for one horse quartered, is 10d. Innkeepers giving soldiers on march money, in lieu of diet and small beer, may be fined from 40s. to £5. Innkeepers allowed to provide the military, when stationary, with fire, candles, vinegar, salt, and utensils to dress their victuals, on receiving for the same one halfpenny per diem. Every officer, on receiving the pay, or subsistence money, must give notice to the persons on whom the military are quartered, so that their claims may be liquidated.

II. LICENSED VICTUALLERS.

It will be seen from the last section that every alehouse is not an inn, nor every inn an alehouse; but if an alehouse lodges and entertains travellers it is also an inn; and if an inn uses the common selling of ale it is an alehouse. Having stated the liabilities of innkeepers, as established by the common law and legal decisions, we come to that numerous class of publicans or alehouse keepers, who are regulated by statute, and annually receive a license from justices of peace to retail beer to be drunk on the premises or elsewhere. They are distinguished from the retailer of beer, by their magistrates' license being compatible with a license to sell wines and spirits, which the license of the retailer, granted by the commissioners of excise, is not. In some parts of the country the magistrates have refused to license victuallers whose principle or sole occupation is the vending of spirits; and as they could not obtain a license from the excise to retail spirits without having first obtained the magistrates' license to sell beer, their business was destroyed. An appeal was made to