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horse, innkeeper, host and price

INNS and innkeeper.. If one who keeps a common inn refuse either to re ceive a traveller as a guest into his house, or to find him victuals or lodging, upon his tendering a reasonable price for them, he is not only liable to render the da mages for the injury in an action on the case, at the suit of the party grieved, but also may be indicted and fined at the suit of the king. In return for such respon sibitity, the law allows him to retain the horse of his guest until paid for his keep ; but he cannot retain such horse for the bill of the owner, although he may retain his goods for such bill ; neither can be detain one horse for the food of another. An innkeeper, however, is not bound to receive the horse, unless the master lodge there also. Neither is a landlord bound to furnishprovisions, un less paid beforehand. If an innkeeper make out unreasonable bills, he may be indicted for extortion ; and if either he or any of his servants knowingly sell bad wine, or bad provisions, they will be re sponsible in an action of deceit. Keep ing an inn is not a trading to make a man a bankrupt ; but where an innkeeper is a Chapman also, and buys and sells, he may on that account be a bankrupt. innkeep

ers are clearly chargeable for the goods of guests stolen or lost out of their inns, and this without any contract or agree ment for that purpose. But if a person come to an innkeeper, and desire to be entertained by him, which the innkeeper refuses, because, in fact, his house is al ready ; whereupon the party says he will shift among the rest of his guests, and there he is robbed, the host shall not be charged. If a man come to a common inn to harbour, and desire that his horse may be put to grass, and the host put him to grass accordingly, and the horse is sto len, the host shall not be charged ; be cause by law the host is not bound to an swer for any thing out of his i in, but on ly for those things that are infra hospitium. Innkeepers may detain the person of the guest who eats till payment. By the cus tom of London and Exeter, if a man r om. mit an horse to an hostler, and he eat out the price of his head, the hostler may take him as his own, upon the reasonable appraisement of four of his neighbours ; yet he cannot justify the taking him to himself at the price it was appraised at.