liability of LIABILITY OF HOTEL KEEPER. Limitation of 4. No hotel keeper shall after the coming into force of this hotelkeeper in Ordinance be liable to make good to any guest of such hotel certain cases Refusal of hotelkeeper to receive goods into safe custody keeper any loss of or injury to goods or property brought to his hotel (not being a horse or other live animal or any gear appertaining thereto or any carriage) to a greater amount than $200 except in the following cases, that is to say: 1. When such goods or property shall have been stolen, lost or injured through the default or neglect of such hotel keeper or any servant in his employ; 2. When such goods or property shall have been deposited expressly for safe custody with such hotel keeper: Provided always that, in case of such deposit it shall be lawful for such hotel keeper if he thinks fit to require as a condition to his liability that such goods or property shall be deposited in a box or other receptacle fastened and sealed by the person depositing the same. C.O., c. 56, s. 4. 5. If any hotel keeper shall refuse to receive for safe custody as before mentioned any goods or property of his guest, or if any such guest shall through any default of the hotel keeper be unable to deposit such goods or property as aforesaid, the hotel keeper shall not be entitled to the benefit of this Ordinance in respect of such goods or property. C.O., c. 56, s. 5. This ORDINANCE TO BE POSTED. 6. Every hotel keeper shall cause to be kept conspicuously posted in the office and public rooms in his hotel a copy of this Ordinance printed or plainly written, and he shall be entitled to the benefits of this Ordinance in respect of such goods or property only as shall be brought to his hotel while such copy shall be so posted as aforesaid. C.O., c. 56, s. 6. CHAPTER 57. An Ordinance respecting Keepers of Livery, Boarding and Sale THE Stables. HE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Livery Stable Keepers' Short title Ordinance." C.O., c. 57, s. 1. INTERPRETATION. stable keeper 2. In this Ordinance unless the context otherwise requires: Interpretation 1. The expression "livery stable keeper" means and includes Livery, any person who for a money consideration or the equivalent' thereof carries on the business of letting or hiring out carriages, sleighs, or other vehicles, or horses or other animals, whether with or without a carriage, sleigh or other vehicle, and whether accompanied by an employee of the livery stable keeper or not; stable keeper 2. The expression "boarding stable keeper" means and Boarding includes any person who, for a money consideration or its equivalent, stables, boards or cares for any animal; Sales 3. The expression "sales stable keeper" means and includes stable keeper any person who stables, boards or cares for any animal other than his own, with the intention of selling or disposing of the same, and who receives or is to receive payment for such services whether in the nature of a commission or otherwise. C.O., c. 57, s. 2. animals and 3. Every livery stable, boarding stable or sales stable keeper Lien on shall have a lien on the animals and effects hereinafter men- effects tioned for the value or price of any food, care, attendance or accommodation furnished for any such animal or effects and in addition to all other remedies provided by law may detain in Detention for his custody and possession any animal, vehicle, harness, furnishings or other gear appertaining thereto and the personal effects of any person who is indebted to him for stabling, boarding or caring for such animals. C.O., c. 57, s. 3. indebtedness animals and detained 4. Every livery stable, boarding stable or sales stable keeper Care of who has exercised the right of detention by this Ordinance effects provided shall be obliged to keep in his possession and be res Sale by public auction ponsible for the proper care of any animal or effects detained by him for the full period of such detention unless they shall sooner be released; and if the owner does not reclaim the animals and effects so detained by paying the indebtedness in respect of the same within one month from the commencement of Notice of sale such detention, the keeper detaining may sell or cause the same to be sold by public auction on giving two weeks' notice of sale by advertisement in the newspaper published nearest to such stable, or if more than one newspaper be published in the same locality, then in either one and by posting up notices in the nearest post office and in the said livery or boarding stable of the intended sale, stating (if known): Application of proceeds of sale Balance of proceeds if not claimed to be handed Treasurer (a) The names of the owner and the person or persons who brought such animals or effects to the stable; (b) The amount of indebtedness and charges for (c) A description of the animals and effects; and 5. The proceeds derived from such sale shall be applied: (b) In paying the debt for which such detention was made: 6. In case such owner does not apply for the same within one month from the day of such sale then such surplus shall to Territorial be handed over to the Territorial Treasurer to be kept by him in a special trust account for one year, after which time if such owner does not appear or claim the amount so kept the same shall be paid over and belong to the general revenue fund of the Territories. C.O., c. 57, s. 6. Copy of to be posted in stable Stable to be thoroughly disinfected ORDINANCE TO BE POSTED. 7. It shall be the duty of every livery stable, boarding stable and sales stable keeper to have a copy of this Ordinance hung or posted in a conspicuous place in every such stable and in default of compliance with this section he shall not be entitled to the benefit of this Ordinance. C.O., c. 57, s. 7. PERIODICAL CLEANSING OF STABLE. 8. Every livery stable, boarding stable and sales stable cleansed and keeper in the Territories shall in each and every year in the months of April and October thoroughly cleanse all the stalls, mangers and feed boxes in such stable by thoroughly washing the same with soap and hot water and immediately afterwards twice every year thoroughly applying to every part of the same a solution of bichloride of mercury in the following proportions, namely, one-half drachm to one gallon of water; and the keeper of any such stable who shall fail during each of the months aforesaid in any year to cause such cleansing to be done shall for such default or omission on summary conviction before any justice of the peace be liable for the first offence to a fine of not more than $10 and to a fine of not more than $25 for every subsequent offence. C.O., c. 57, s. 8. Hawker Pedlar CHAPTER 58. An Ordinance respecting Auctioneers, Hawkers and Pedlars. THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows: Interpretation 1. In this Ordinance the expression "hawker" or "pedlar" means and includes any person who (being a principal or any agent in the employ of any person) goes from house to house selling or offering for sale any goods, wares or merchandise or carries and exposes samples or patterns of any goods, wares or merchandise to be afterward delivered within the Territories to any person not being a wholesale or retail dealer in such goods, wares or merchandise; but shall not mean or include any person selling meat, fish, fruit, agricultural implements, sewing machines or farm produce by retail. C.O., c. 58, s. 1. License to pursue certain callings Application for license Fees payable Hawker's sales limited Duration of license 2. No person shall follow the calling or pursue the business of an auctioneer, hawker or pedlar within the Territories without having first obtained a license therefor, which license shall be issued by such person as the Lieutenant Governor in Council may authorize. C.O., c. 58, s. 2. 3. Every applicant for a hawker's or pedlar's license shall as part of his application for such license furnish a statement in writing containing a full descripiton of the goods, wares and merchandise which he proposes to sell or offer for sale under such license. C.O., c. 58, s. 3. 4. On every application for a license under this Ordinance there shall be paid: (a) For a hawker's or pedlar's license the sum of $25; 5. No hawker or pedlar shall sell or offer for sale any goods, wares or merchandise other than those set forth in his application for license. C.O., c. 58, s. 5. 6. Every license issued under this Ordinance shall expire on the thirty-first day of December of the year in which it is issued. C.O., c. 58, s. 6. |