must make the loss good to the owner. If it is lost or injured without his fault, the owner must bear the loss.

Greater care must be exercised in keeping very valuable property, than that of much less value, because a prudent man would do this.

Property Intrusted for Repairs, etc.

The same rule of law applies to an engagement by a mechanic or workman of any kind, to put labor and time upon property for a recompense. If a dressmaker takes cloth and trimmings from a customer and agrees to make it into a dress, she is bound to exercise due diligence and skill in her work, and to take as good care of the materials, and use them as economically as reliable dressmakers usually do.

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CHAPTER XVI.

VARIOUS WAYS OF TRANSFERRING PROPERTY,

CONTINUED.

Responsibility of Inn-Keepers and Hotel Proprietors for Property Intrusted to Them-Keepers of Lodging or Boarding Houses and Their Responsibilities-Lien on Luggage, etc.-Responsibilities of Common Carriers-Liability to Passengers-Liability for Luggage-Ejection of a Trespasser-Transfer of Property by Act of the Law-By Descent and Distribution, by Marriage, Insolvency, or Judicial DecreeOriginal Acquisition of Property Transfer of Property by Finding-Property Gained by Intellectual Labor-Patents-Copyrights.

There are two classes of people to whom property is customarily intrusted, who are bound by law to take greater care of such property than is required in ordinary cases, for reasons of public policy which will be readily perceived. These are innkeepers, and common carriers.

Responsibilities of Innkeepers.

Every innkeeper and hotel proprietor is bound to take absolute care of the baggage, horses, carriages and other property of his guests from the moment that it is intrusted to him. This includes not only actual guests, but also those who intend to become

such, and who send on their property in advance. He is responsible for the thefts or negligence of his servants, and for thefts committed by other guests or outsiders. He is only relieved from responsibility when the loss or injury occurs through the negligence of the guest himself, or by the "act of God," or public enemies. It is rather difficult, sometimes, to determine just what cases the term, "act of God" covers, but it may be defined as "an accident which arises from a cause which operates without interference or aid from man; for example, a fire caused by a stroke of lightning."

A landlord may relieve himself from liability to a certain extent, by imposing reasonable regulations on his guests. Thus, printed stipulations are often seen on the doors of hotel rooms, requiring guests to deposit valuables in the office safe, and declaring that otherwise the proprietors will not be responsible for them. If a guest fails to act upon this request, it would probably be held the result of his own negligence, if, leaving valuables in his room, they should be stolen. Only reasonable restrictions can be imposed on guests however, and only reasonable rates. charged for accommodation. An innkeeper cannot lawfully refuse to receive any guest to the extent of his reasonable accommodations, who presents himself in a suitable condition to be received.

In most states, the responsibilities and duties of innkeepers are more or less regulated by statutes.

Keepers of Lodging or Boarding Houses.

No such especial and absolute responsibility is demanded of keepers of lodging houses or boarding houses, they being governed by the ordinary rules of

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law, and responsible for the acts of their servants only on the general principles of agency.

Lien on Luggage, etc.

They have no lien on the luggage or other goods of their boarders or lodgers, but an innkeeper has such a lien, and may retain possession of a guest's trunk, clothing, horse or other property as security for an unpaid bill. One may, however, be a boarder in a hotel instead of a transient guest, and then there is no lien on his property, and no special responsibility on the part of the proprietor to take care of it. The test as to whether or not he is a boarder, is probably this: If he makes a special bargain to stay a definite time, he is a boarder; but if he stays on indefinitely, though for a long time, he is a guest.

It has been judicially decided that an inn or hotel is any house where a traveler is provided with everything for which he has occasion while traveling. No sign is needed to make it a hotel.

Special statute in any state may give to lodging or boarding house keepers a lien on the property of those whom they furnish with room or board. Thus a statute in Massachusetts gives such a lien to the keeper of a boarding house, though not to the keeper of a lodging house.

Responsibilities of Common Carriers.

Common carriers are those who undertake generally, as a business-not as a casual occupation-and for all people indifferently, to convey goods or passengers, and deliver them at a place appointed, for hire, with or without a special agreement as to price.

Chancellor Kent in his famous Commentaries, says

of common carriers: "They consist of two distinct classes of men, namely, inland carriers by land or water, and carriers by sea. In the aggregate body are included the owners of stage wagons and coaches, and railroad cars, who carry goods as well as passengers for hire, wagoners, teamsters, cartmen, porters, the masters and owners of ships, vessels and all water craft. * * * As they hold themselves to the world as common carriers for a reasonable compensation, they assume to do, and are bound to do, what is required of them in the course of their employment, if they have the requisite convenience to carry, and are offered a reasonable or customary price; and if they refuse without just ground, they are liable to an action."

To quote further from the same authority, "If he be a common carrier, he is in the nature of an insurer, and is answerable for accidents and thefts, and even for a loss by robbery. He is answerable for all losses which do not fall within the excepted cases of the act of God and public enemies."

Liability to Passengers.

Common carriers are not liable for injury to passengers to the same absolute degree that they are for goods, because they have absolute control over the latter, but not over the former. But they must take the greatest care of passengers, nevertheless, and very slight negligence on their part or that of their servants, will render them liable in damages for injury to passengers. To recover such damages, however, the passenger must show that he himself exercised due care, so that his injury could not be ascribed to his own negligence.