CHAPTER
291
HOTEL KEEPERS |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Limitation of liability of hotel keeper. |
Exclusion of hotel keeper from benefit of Act in
certain cases. |
Duty of hotel keeper to exhibit copy of section 3
of Act in hotel. |
Conferment of power of sale of goods upon hotel
keeper under certain circumstances. |
|
CHAPTER 291 |
HOTEL KEEPERS |
An Act to
make certain provisions for the protection of hotel keepers. | 44 of 1962
16 of 1971
5 of 1987 |
[Commencement 23rd
May, 1962] |
1. This Act may be cited as the Hotel Keepers Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"hotel"
means any hotel, inn, tavern, public house or other place of refreshment, the
keeper of which is now by common law responsible for the goods of his guests; |
"hotel
keeper" means the keeper of an hotel and includes any company keeping an
hotel; |
"goods"
means any money, goods, chattels, wares or merchandise. |
3. From and after the coming into operation of this
Act, no hotel keeper shall be liable to make good to any guest of such hotel
keeper any loss of, or injury to, goods brought to his
hotel, to a greater amount than the sum of four hundred dollars, except- | Limitation of liability of hotel keeper. |
(a) where such
goods are stolen, lost or injured through the wilful act, default or negligence
of such hotel keeper, or any servant in his employ; or |
(b) where such
goods are deposited expressly for safe custody with such hotel keeper: |
Provided that
in the case of such deposit it shall be a condition precedent of the liability
of the hotel keeper that the guest effecting the deposit shall at the time
thereof- |
(i) make and
sign a written declaration as to the nature and value of the goods deposited; |
(ii) permit
the hotel keeper by himself, his servant or agent to inspect such goods; and |
(iii) if so
required by the hotel keeper, deposit such goods in a box or other receptacle
fastened and sealed by such guest. |
4. If any hotel keeper refuses to receive for safe
custody, as before mentioned, any goods of his guest, or if any guest is,
through any default of such hotel keeper, unable to deposit such goods as
aforesaid, then such hotel keeper shall not be entitled to the benefit of this
Act, in respect of such goods: | Exclusion of hotel keeper from benefit of Act in
certain cases. |
Provided
that no hotel keeper shall be obliged to accept for safe custody any goods of
his guest to a declared value in excess of ten thousand dollars. |
5. Every hotel keeper shall cause at least one copy of
section 3 of this Act, printed in plain type to be exhibited- | Duty of hotel keeper to exhibit copy of section 3 of
Act in hotel. |
(a) if his
hotel contains bedrooms for guests, in a conspicuous place in each bedroom, and
in a conspicuous part of the main hall or entrance to his hotel; |
(b) if his
hotel does not contain bedrooms for guests, in a conspicuous place in the main
hall or entrance to his hotel, |
and shall be
entitled to the benefit of this Act in respect of such goods as are brought to
his hotel whilst such copies are so exhibited. |
6. (1) The hotel keeper shall, in addition to his
ordinary lien, have the right absolutely to sell and dispose by public auction
of any goods which may have been deposited with him or left in his hotel or
other premises appurtenant or belonging thereto, where the person depositing or
leaving such goods becomes indebted to the said hotel keeper either for any
board or lodging: | Conferment of power of sale of goods upon hotel keeper
under certain circumstances. |
Provided that no
such sale shall be made- |
(a) until after
the said goods have been for the space of six weeks in the charge or custody of
such hotel keeper, or in or upon such premises, without such debt having been
paid or satisfied; and |
(b) unless the
debt for the payment of which a sale is made is not any other or greater debt
than the debt for which the goods could have been retained by the hotel keeper
by his lien; and |
(c) unless at
least one month before any such sale the hotel keeper has caused to be inserted
in the Gazette an advertisement containing notice of such intended sale,
and giving shortly a description of the goods intended to be sold, together
with the name (where known) of the owner or person who deposited or left the
goods. |
(2) Such hotel
keeper, after having, out of the proceeds of such sale, paid himself the amount
of any debt, together with the costs and expenses of such sale, shall on demand
pay to the person depositing or leaving any such goods, the surplus (if any)
remaining after such sale. |
7. Any person who, for the purposes of the proviso to
section 3 of this Act, makes any declaration which is to his knowledge false or
which he does not at the time of making thereof genuinely believe to be true
shall be guilty of an offence and shall be liable upon summary conviction to a
fine not exceeding five hundred dollars or to imprisonment for a term not
exceeding six months. | False declaration. |