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ARTICLE III.

STORAGE. $ 1851. Deposit for hire. $ 1852. Degree of care required of depositary for hire. $ 1853. Rate of compensation for fraction of a week, etc.

1854. Termination of deposit. $ 1855. Same.

1856. Lien for storage charges. 1857. Storage property to be sold.

§ 1851. Deposit for hire. A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire. En. March 21, 1872.

Cal.Rep.Cit. 120, 598.

Receipts of warehousemen and wharfingers, act in relation to: See post, Appendix, title Warehouses and Wharfingers.

Hiring in general: See post, sec. 1925.

$ 1852. Degree of care required of depositary for hire. A depositary for hire must use at least ordinary care for the preservation of the thing deposited. En. March 21, 1872.

Cal. Rep.Cit. 56, 486; 113, 104; 120, 598.
Liability of innkeepers: See sec. 1859.
Common carriers: Secs. 2100, 2114, 2194.
Liability of warehouseman: See post, secs. 2120, 2121.

§ 1853. Rate of compensation for fraction of a week, etc. In the absence of a different agreement or usage, a depositary for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month's hire for the storage of any other property during any fraction of a half month. En. March 21, 1872.

Warehouseman making advances may sell property when: See Pol. Code, sec. 3156.

$ 1854. Termination of deposit. In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depositary upon reasonable notice. En. March 21. 1872.

1855. Same. Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing. En. March 21, 1872.

8 1856. Lien for storage charges. A depositary for hire has a lien for storage charges, which is regulated by the title on liens. En. Stats. 1891, 470.

Cal.Rep.Clt. 125, 599.

$ 1857. Storage property to be sold. If, from any cause other than want of ordinary care and diligence on his part, a depositary for hire is unable to deliver perishable property, baggage, or luggage received by him for storage, or to collect his charges for storage due thereon, he may cause such property to be sold, in open market, to satisfy his lien for storage; provided, that no property except perishable property shall be sold, under the provisions of th section, upon which storage charges sha not be due and unpaid for one year at the time of such sale. En. Stats. 1891, 470.

Cal.Rep.Cit. 125, 599.

ARTICLE IV.

INNKEEPERS.

$ 1859. $ 1860. $ 1861. $ 1862. $ 1863.

Innkeeper's liability.
How exempted from liability.
Lien of boarding and lodging-house keepers.
Unclaimed baggage may be sold at auction. Notice.
Keeper to post rates of charges.

8 1859. Innkeeper's liability. The liability of an inn. keeper, hotel-keeper, boarding and lodging-house keeper, for losses of or injuries to personal property, other than money placed by his guests, boarders, or lodgers under his care, is that of a depositary for hire; provided, however, that in no case shall such liability exceed the sum of one hundred dollars for each trunk and its contents, fifty dollars for each valise or traveling bag and contents, and ten dollars for each box, bundle, or package and contents, so placed under his care, unless he shall have consented in writing with the owner thereof to assume a greater liability. En. March 21, 1872. Am'd. 1895, 50. Cal.Rep.Cit. 87, 485; 93, 261; 93, 262. Subd. 5 - 96, 492;

96, 493. See next section.

Refusing to receive and entertain guests a misdemeanor: Pen. Code, sec. 365.

Cubic air law: See post, Appendix, title Lodging-houses.

§ 1860. How exempted from liability. If an innkeeper, hotel-keeper, boarding-house or lodging-house keeper, keeps a fireproof safe, and gives notice to a guest, boarder, or lodger, either personally or by putting up a printed notice in a prominent place in the office or the room occupied by the guest, boarder, or lodger, that he keeps such a safe and will not be liable for money, jewelry, documents, or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his own acts shall contribute thereto, for any loss of or injury to such articles, if not deposited with him to be placed therein, nor in any case more than the sum of two hundred and fifty dollars for any or all such property of any individual guest, boarder, or lodger, unless he shall have given a receipt in writing therefor to such guest, boarder, or lodger. En. March 21, 1872. Am'd. 1895, 50.

8 1861. Lien of boarding and lodging-house keepers. Hotel men, boarding-house and lodging-house keepers, shall have a lien upon the baggage and other property of value of their guests, or boarders, or lodgers, brought into such hotel, inn, or boarding or lodging-house by such guests, or boarders, or lodgers, for the proper charges due from such guests, or boarders, or lodgers, for their accommodation, board and lodging, and room rent, [and] such extras as are furnished at their request, with the right to the possession of such baggage, or other property of value, until all such charges are paid. En. Stats. 1875-6, 78.

Obtaining accommodations with intent to defraud: See Pen. Code, sec. 537.

$ 1862. Unclaimed baggage may be sold at auction. Notice. Whenever any trunk, carpet bag, valise, box, bundle, or other baggage has heretofore come, or shall hereafter come, into the possession of the keeper of any hotel, inn, boarding or lodging-house, as such, and has remained, or shall remain, unclaimed for the period of six months, such keeper may proceed to sell the same at public auction, and out of the proceeds of such sale may retain the charges for storage, if any, and the expenses of advertising and sale thereof; but no such sale shall be made until the expiration of four weeks from the first publication of notice of such sale in a newspaper published in or nearest the city, town, village, or place in which said hotel, inn, boarding or lodging-house is situated. Said notice shall be published once a week, for four successive weeks, in some newspaper, daily or weekly, of general circulation, and shall contain a description of each trunk, carpet bag, valise, box, bundle, or other baggage, as near as may be; the name of the owner, if known; the name of such keeper, and the time and place of sale; and the expenses incurred for advertising shall be a lien upon such trunk, carpet bag, valise, box, bundle, or other baggage, in a ratable proportion, according to the value of such piece of property, or thing, or article sold; and in case any balance arising from such sale shall not be claimed by the rightful owner within one week from the day of said sale, the same shall be paid into the treasury of the county in which such sale took place; and if the same be not claimed by the owner thereof, or his legal representatives, within one year thereafter, the same shall be paid into the general fund of said county. En. Stats. 1875-6, 78.

$ 1863. Keeper to post rates of charges. Every keeper of a hotel, inn, boarding or lodging-house, shall post, in [a] conspicuous place, in the office, or public room, and in every bedroom of said hotel, boarding-house, inn, or lodging-house, a printed copy of this section, and a statement of charge, or rate of charges, by the day, and for meals or items furnished, and for lodging. No charge or sum shall be collected or received by any such person for any service not actually rendered, or for any item not actually delivered, or for any greater or other sum than he is entitled to by the general rules and regulations of said hotel, inn, boarding or lodging-house. For any violation of this section or any provision herein contained, the

offender shall forfeit to the injured party three times the amount of the sum charged in excess of what he is entitled to. En. Stats. 1875-6, 79.

ARTICLE V.

FINDING. 1864. Obligation of finder. 1865. Finder to notify owner. 1866. Claimant to prove ownership. 1867. Reward, etc., to finder. 1868. Finder may put thing found on storage. 1869.

When finder may sell the thing found. 1870. How sale is to be made. $1871.

Surrender of thing to the finder. * 1872. Thing abandoned.

$ 1864. Obligation of finder. One who finds a thing lost is not bound to take charge of it, but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire. En. March 21, 1872. Lost money and goods: See Pol. Code, secs. 3136-3142. Depositary for hire: See ante, secs. 1851 et seq. $ 1865. Finder to notify owner.

If the finder of a thing knows or suspects who is the owner, he must, with reasonable diligence, give him notice of the finding; and if he fails to do so, he is liable in damages to the owner, and has no claim to any reward offered by him for the recovery of the thing, or to any compensation for his trouble or expenses. En. March 21, 1872.

If owner is not known finder must report to justice of the peace and advertise. If he fails to do so he forfeits double the value thereof to the owner: Pol. Code, secs.

3136-3142.

Finder, when guilty of larceny: See Pen. Code, sec. 485. ! 1866. Claimant to prove ownership. The finder of a thing may, in good faith, before giving it up, require Feasonable proof of ownership from any person claiming it. En. March 21, 1872.

| 1867. Reward, etc., to finder. The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation and for any other service

Civ. Code-18

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