The Innkeepers Act 1888 (SA)

ANNO QUINQUAGESIMO PRIM0 ET QUINQUAGESIMO

SECUNDO

A.D. 1888.

No. 432.

An Act for the Relief of Innkeepers.

[A ssetr tcd to, Decem bey BLh, 1888"]

W HEREAS it is just and expedient to give, in addition to the Preamble.

prescnt right of lien, a power of sale, under certain circum- stances, to keepers of hotels, inns, and licensed public-houses upon and in respect of goods and chattels deposited with them, or upon the tenements and premises occupied by them, and a power for the summary recovery of certain debts-Be it therefore Enacted by the Governor of the Province of South Australia, by and with the advice and consent of the Legislative Council and House of Assembly of thc said province, in this present Parliament assembled, as follows:

livery in the stables or fields occupied by such innkeeper.

1. The word "innkeepcr " shall be taken to mean a licensed Definition.

publican.

2, An innkeeper shall, in addition to his ordinary lien, have the Right of sale on

right absolutely to sell and dispose by public auction of any goods, chattels, carriages, horscs, wares, ox merchandise which, under snch lien, he may have detained, or which may havc been deposited with him or left in the house he kecps, or in the coachhouse, stable, stable-yard, or other premises appurtenant or belonging thereunto, when the person depositing or leaving such goods, chattels, carriages, horses, wares, or merchandise shall be or become indebted to the said innkeeper, either for any board or lodging or for the keep and expenses of any horse or other ani~nals left with or standing a t

5 1 O & 5z0 VICTORIE, NO. 432.

The Innkeepers Act.-1888.

Time of aale. 3.

No such sale shall be made until after the said goods, chattels, carriages, horses, wares, or merchandise shall have been for the space of two months in such charge or custody, or in or upon such pre- mises, without such debt having been paid or satisfied, nor unless, at lwst one month before any such sale, the innkeeper shall have caused to be inserted twice in one Adelaide newspaper and once in a country newspaper circulating in the district where ~ u c h goods, chattels, carriages, horses, wares, or merchandise, or some of them shall have been deposited or left, an advertisement containing notice of such intended sale, and giving shortly a description of the goods and chattels intended to be sold, together with the name of the owner or person who deposited or left the same, where known, and shall have sent, by a registered letter by post, a copy of such advertisement- to the owner, where the address of the owner is known to him.

Surplus of proceeds

to owner.

4. Such innkeeper, after having out of the proceeds of such sale

paid himself the amount of any such debt, together with the cost

and expenses of such sale, shall pay to the clerk of the nearest

Local Court, to the credit of the owner of any such goods, chattels, carriages, horses, wares, or merchandise the surplus (if any) remain- ing after such sale, and in all cases, whether thcre, be a surplus or not, give to thc said clerk an account containing particulars of his debt, the costs and expenses, and the proceeds of such sale, togcther with a fee to be estimated in each case according to the scale of charges for receiving and paying money fixed b j Schedule H of

" The Local Courts Act, 1886,'' and to be paid by said clerk to the

Treasurer, as provided in respect of the other moneys received by him as fees, by section 282 of said Act; and the clerk of the Local Court shall, on demand, pay to the person, to whose credit he re- ceived it, the surplus (if any) so paid to him by the innkeeper: And any innkeeper making default in compliance with the provisions of this section in any particular, shall be guilty of an offence against this Act, punishable on summary conviction by a penalty not

exceeding Twenty-five Pounds.

No ede except for 5. No such sale shall be for any other or greater debt than the

lien debt,

debt for which the goods or other articles could have been retained

by the innkeeper under the lien to which the present law entitles

him: And nothing herein contained shall be construed to give to

any innkeeper any lien or power of sale in respect of any goods, or

under any circumstances in respect of or under which he is not now

by law entitled to a lien.

Becove ry of debts

due to licenmd 6. Whenevcr any person, indebted for board and lodging to

pemns.	any person holding a publican's licence under G Thc Licensed Victuallers Act, 1880," shall neglect or refuse to pay the amount owing by him, the amount so owing may be recovered in a summary
way, but so that no person shall be imprisoned under this section for
default in payment.

7. This

5 1 ~ & p0 VICTORIW, No. 432.

The Iknkeqers Act.- 1888.

7. This Act may be cited as G The Innkeepers Act, 1888." short title.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. C. F. ROBINSON, Governor.

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Adelaide : By authority, H. F. LEADER, aovernment Printer,