“A. B., Proprietor.”
My wife, who was rapidly increasing in legal knowledge and acuteness under my able instructions, and was filled with the romantic idea of becoming a veritable helpmate to me in my profession as well as in the expenditure of my money, after reading the notice asked me if I was going to hand over my valuables. I told her that Pollock, C. B., had announced to the world that it was his opinion that such a notice did not apply to those articles of jewelry which a person usually carries with him—his watch, for instance—because, as the learned judge puts it, such an article would be of little service to the owner if it were nightly stowed away in the hotel safe.[181] His lordship, however, was inclined to think that if the watch were a richly jeweled one, set in valuable diamonds, it would be wiser to give it to the proprietor to keep.[182]
“But that is an English decision,” remarked my wife, filled with the genuine occidental opinion of oriental notions.
“Well, supposing it is,” I made answer, “it is in accord with the American; and a New York judge once said that although a watch, a gold pen, and pencil-case might in some sense be called jewels, still they should be considered part of a traveler’s personal clothing, or apparel—and one after retiring to rest for the night is not expected to send down his ordinary clothing or apparel to be deposited in the safe.”[183]
“But,” continued Mrs. Lawyer, “this notice is not exactly the same as what one generally sees; it says nothing about the proprietor not being liable for the loss of things above a certain sum.”
“No,” I replied, “and it’s all the better for us; for if the notice required by law is not properly posted up in the office and bedrooms, the proprietor cannot claim the benefit of the provision relieving him from the liability imposed upon him by the common law of making good all losses and damage to his guests’ goods and property, unless caused by act of God, or of public enemies. It has been held in Iowa that such a notice as this one does not affect the landlord’s position.”[184]
“To what extent can he shirk his liability?” queried my wife, glancing at her large and well-filled Saratoga.
“That depends upon the particular statute of the country or State in which he happens to live. If there is not a special law, no notice will bind the guest, unless it can be proved that he has seen it before he takes possession of his room,[185] or has assented to it.[186] In England, an innkeeper, if he cause at least one copy of the law, (printed in plain type,) to be exhibited in a conspicuous part of the hall or entrance to his inn, will not be liable to make good any loss of or injury to goods or property brought to the inn, to a greater extent than £30, (unless it be a horse or other animal, or any gear appertaining thereto, or any carriage) except when such goods have been stolen, lost, or injured, through the willful act, default, or neglect of the publican, or any servant in his employ; or when such goods have been deposited expressly for safe-keeping with mine host, who, in such case, may require them to be placed in a box, or other receptacle, fastened and sealed up by the guest.[187] In New York, the law is very similar,[188] being to the effect that the hotel-keeper shall not be liable for loss of money, jewels, ornaments, or valuables, when he shall have provided a safe for the custody of such property, and shall have posted a notice to that effect in the room occupied by the guest, and the guest shall have neglected to deposit such property in the safe.[189] So particular are the courts upon this point, that when the landlord of the Old Ship Hotel, Brighton, England, unintentionally had the notice misprinted, so that the little word act was omitted in the sentence, which should have been, (as I have just stated) ‘where such property shall have been stolen, lost, or injured through the willful act, default, or neglect of such innkeeper, or any servant in his employ,’ the Court of Appeal held that, as the notice contained no statement which admitted the continuance of the common-law liability for goods or property stolen, lost, or injured through the willful act of the innkeeper or his servant, the proprietor was not protected. But Lord Cairns carefully said that he was not prepared to hold that the omission, in good faith, of a word or two, not material to the sense and to the operation of the statute, would have such a disastrous effect.”[190]
“My husband, remember
‘Brevity’s the soul of wit,
And tediousness the limbs and outward flourishes,’