Acts and Regulations

I-10 - Innkeepers Act

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Repealed on 1 September 2011
CHAPTER I-10
Innkeepers Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“inn” includes an hotel, inn, tavern, public house, or other place of refreshment, the keeper of which is now by law responsible for the goods and property of his guest;(auberge)
“innkeeper” means the keeper of an inn.(aubergiste)
R.S., c.111, s.1
Lien of innkeeper respecting baggage and property of guest
2Every innkeeper, boarding-house keeper and lodging-house keeper has a lien on the baggage and property of his guest, boarder or lodger for the value or price of any food or accommodation furnished to the guest, boarder or lodger, and in addition to all other remedies provided by law, he has the right, in case the same remains unpaid for three months, to sell by public auction, the baggage and property of the guest, boarder or lodger, on giving one week’s notice of sale by personal service, or by registered mail to his latest known address, or by posters put up in three or more public places near the place of sale, stating the name of the guest, boarder or lodger, the amount of the indebtedness, the time and place of sale, the name of the auctioneer, and a description of the baggage or other property to be sold; and, after the sale, the innkeeper, boarding-house keeper, or lodging-house keeper may apply the proceeds of the sale in payment of the amount due to him and the costs of such advertising and sale, and shall pay over the surplus, if any, to the person entitled thereto, on application being made therefor.
R.S., c.111, s.2
Priority of lien of innkeeper
2.1A lien arising under section 2 attaches only to the baggage and property owned by the guest, boarder or lodger against whom the lien is claimed and is subordinate to the interest of any person who has registered in the Personal Property Registry, before the commencement of the services giving rise to the lien, a financing statement or other notice in relation to the baggage or property of the guest, boarder or lodger.
1993, c.36, s.5
Liability of innkeeper
3(1)No innkeeper is liable to make good to his guest any loss of or injury to goods or property brought to his inn, not being a horse or other live animal or any gear appertaining thereto or a carriage, to a greater amount than the sum of one hundred dollars, except
(a) where the goods or property are stolen, lost or injured through the wilful act, default or neglect of the innkeeper, or of a servant in his employ;
(b) where the goods or property were deposited expressly for safe custody with such innkeeper.
3(2)In case of such deposit the innkeeper may require as a condition of his liability that the goods or property be deposited in a box or other receptacle, fastened and sealed by the person depositing them.
R.S., c.111, s.4
Power of guest to leave property in custody of innkeeper
4If an innkeeper refuses to receive for safe custody, as before mentioned, any goods or property of his guest, or if the guest, through any default of the innkeeper, is unable to deposit goods or property as aforesaid, the innkeeper is not entitled to the benefit of this Act in respect of such goods or property.
R.S., c.111, s.4
Duty to innkeeper to post section 3
5Every innkeeper shall cause to be kept conspicuously posted in the office and public rooms and in every bedroom in his inn, a copy of section 3 printed in plain type, and he is entitled to the benefit of the section in respect of such goods or property only as are brought to his inn while such copy is so posted.
R.S., c.111, s.5
N.B. This Act is consolidated to September 1, 2011.