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ant and responsible duties imposed upon him, the law clothes him with authority to control the movements of his vessel, and to give directions in respect to the government of passengers and crew. Especially in cases of emergency, he is necessarily invested with large discretionary power; since obedience to his commands is often the only means of safety for the ship. But the master is bound in all cases to provide for the comfort and convenience of the passengers on board, by such attention as may mitigate the evils of a dangerous or protracted voyage.1

It is the duty of the master of a vessel to take care that she be tight and staunch and seaworthy at the commencement of each voyage, and appropriately furnished with the tackle and apparel necessary for her 'safe navigation; 2 to sail at the time appointed and in the manner approved by skillful navigators; to pursue the direct course of the voyage without deviation; and so far as possible to bring his vessel through the perils of the sea safely into port. For the proper discharge of his difficult duties, it is necessary that the master be a person of experience and practical skill in the art of navigation; that he possess the intellectual and moral power of commanding and governing his vessel, and that he be clothed with the authority to meet and cope with the dangerous vicissitudes of the voyage, to the best advantage. For this purpose, while at sea, he has something like autocratic power in the government of passengers as well as the crew, to the end that he may properly direct and control the movements of the vessel.5

1

1 Chamberlain v. Chandler, 3 Mason R., 242; 1 id., 508.

2 Wedderburn v. Bell, 1 Campb. R., 1.

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APPENDIX.

LEGISLATIVE ENACTMENTS AND NOTES.

CHAPTER 421.

OF THE LAWS OF NEW YORK, ENACTED IN 1855.

AN ACT to regulate the liability of Hotel Keepers.

PASSED April 13, 1855.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever the proprietor or proprietors of any hotel shall provide a safe in the office of such hotel, or other convenient place for the safe keeping of any money, jewels or ornaments belonging to the guests of such hotel, and shall notify the guests thereof, by posting a notice (stating the fact that such safe is provided, in which such money, jewels or ornaments may be deposited) in the room or rooms occupied by such guests, in a conspicuous manner, and if such guests shall neglect to deposit such money, jewels or ornaments in such safe, the proprietor or proprietors of such hotel shall not be liable for any loss of such money, jewels or ornaments, sustained by such guest, by theft or otherwise.

§ 2. This act shall take effect immediately.

NEW YORK SESSION LAWS OF 1866.

CHAPTER 658, VOL. 2, p. 1415.

PASSED April 18, 1866.

SECTION 1. No innkeeper shall be liable for the loss or destruction by fire of property received by him from a guest, stored or being with the knowledge of such a guest in a barn or other out-building, where it shall appear that such loss or destruction was the work of an incendiary, and occurred without the fault or negligence of such innkeeper.

§ 2. No animal belonging to a guest and destroyed by fire while on the premises of any innkeeper, shall be deemed of greater value than three hundred dollars, unless an agreement shall be proved between such guest and innkeeper that a higher estimate shall be made of the same.

NEW YORK SESSION LAWS OF 1867, AS AMENDED BY Cп. 802
OF 1871.
CHAPTER 677.

AN ACT to prevent fraud and fraudulent practices upon or by Hotel
Keepers and Innkeepers.

SECTION 1. Every person who shall at any hotel or iun order and receive, or cause to be furnished, any food or accommodation, with intent to defraud the owner or proprietor of such hotel or inn out of the price of such food or accommodation; and every person who shall obtain credit at any hotel or inn by the use of any false pretense or device, or by depositing at such hotel or inn any baggage or property of value less than the amount of such credit, or of the bill by such person incurred; and any person who after obtaining credit or accommodation at any hotel or inn, shall abscond from such hotel or inn and shall surreptitiously remove his baggage or property therefrom, shall upon conviction be adjudged guilty of a misdemeanor.

§ 2. Every keeper of a hotel or inn, shall post in a public and conspicuous place, in the office or public room and in every bed-room in said house, a printed copy of this act, and a statement of the charges or rate of charges by the day, and for meals furnished, and for lodging. No charge or sum shall be collected or received by any such person, for any service not actually delivered, or for a longer time than the person so charged actually remained at such place. For any violation of this section, or of any provision herein contained, the offender shall forfeit to the injured three times the amount so charged, and shall not be entitled to receive any money for the meals, services or time charged. 2 R. S. of N. Y., 945, 6th ed.

NOTE.

OF OUR INNES AND THOROWFAIRES.

CHAP. 16. 2 Holingshed's Chronicle, 246.

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Those townes that we call thorowfaires have great and sumptuous innes builded in them, for the receiving of such travellers and strangers as pass to and fro. The manner of harbouring therein is not like that of some other countries, in which the host or goodman of the house doth chalenge a lordlie authoritie over his guests, but cleane otherwise, sith everie man may use his inne as his owne house in England, and have for his monie how great or little varietie of vittels, and what other service himselfe shall think expedient to call for. Our inues are also very well furnished with naperie, bedding, and tapesteric, especialie with naperie: for beside the linnen used at the tables which is commonlie washed dailie, is such and so much as belongeth unto the estate and calling of the guest. The commer is sure to lie in cleane sheets, wherein no man hath beene lodged since they came from the landresse, or out of the water wherein they were last washed, If the traveller have an horsse, his bed doth cost him nothing, but if he go on foot lie is sure to paie a pennie for the same: but whether he be horsseman or footman if his chamber be once appointed he may carrie the kaie with him, as of his owne house so long as he lodgeth there. If he loose oughts whilest he abideth in the inne, the host is bound by a generall custome to restore the damage, so that there is no greater securitie auie where for travellers than in the greatest innes of England. Their horsses in like sort are walked, dressed and looked unto by certeine hostelers or hired servants, appointed at the charges of the goodman of the house, who in hope of extraordinarie reward will deal verie diligentlic after outward appearance in this their function and calling. Herein neverthelesse are manie of them blameworthie, in that they do not onlie deceive the beast oftentimes of his allowance by sundrie meanes, except their owners looke well to them; but also make such packs with slipper merchants which hunt after preie (for what place is sure from evil and wicked persons) that manic an honest man is spoiled of his goods as he travelleth to and fro, in which feat also the counsell of the tapsters or drawers of drinke, and chamberleins is not seldome behind or wanting. Certes I beleeve not that chapman or traveller in England is robbed by the waie without the knowledge of some of them, for when he cometli into the inne, and alighteth from his horsse, the hostler forthwith is verie basic to take downe his budget or capcase in the yard from his sadle bow, which he

peiseth in his hand to feel the weight thereof: or if he misse of this pitch, when the guest hath taken up his chamber, the chamberleine that looketh to the making of the beds, will be sure to remove it from the place where the owner hath set it as if it were to set it more convenientlie some where else, whereby he getteth an inkling whether it be monie or other short wares, and thereof giveth warning to such od ghests as hant the house and are of his confederacie, to the utter undoing of manic an honest yeoman as he journieth by the waie. The tapster in like sort for his part doth marke his behaviour, and what plentie of money he draweth when he paieth the shot, to the like end: so that it shall be an hard matter to escape all their subtile practices. Some thinke it a gay matter to commit their budgets at their comming to the goodman of the house: but thereby they oft bewraie themselves. For albeit their monie be safe for the time that it is in his hands (for you shall not hear that a man is robbed in his inne) yet after their departure the host can make no warrantise of the same, sith his protection extendeth no further than the gate of his owne house: and there cannot be a surer token unto such as prie and watch for those booties, than to see anie ghest deliver his capcase in such manner. In all our innes we have plenty of ale, beere, and sundrie kinds of wine, and such is the capacitie of some of them that they are able to lodge two hundred or three hundred persons, and their horsses at case, and thereto with a verie short warning make such provission for their diet, as to him that is unacquainted withall may seeme to be incredible. Howbeit of all in England there are no worse ius than in London, and yet manie are there far better than the best that I have heard of in anic foren countrie, if all circumstances be dulic considered. But to leave this and go in hand with my purpose. I will here set downe a table of the best thorowfaires and townes of greatest travell of England, in some of which there are twelve or thirteene such innes at the least, as I before did speake of. And it is a world to see how ech owner of them contendeth with other for goodnessc of intertainment of their guests, as about finesse and change of linnen, furniture of bedding, beautic of rooms, service at the table, costlinesse of plate, strength of drinke, varietie of wines, or well (being) of horsses. Finallic there is not so much omitted among them as the gorgeousnes of their veric signes at their doores, wherein some do consume thirtie or fortie pounds, a meere vanitie in mine opinion, but so vaine will they needs be, and that not onlie to give some outward token of the inne keepers welth, but also to procure good ghests to the frequenting of their houses in hope there to be well used.

Here follows a table of "waies or thorowfaires" with distances. These chronicles come down to the reign of Elizabeth, and this description of the inns of England, given in the very words of the quaint old writer, is to be understood as applying to about that period.-Sce Macaulay's History of England, vol. 1, page 357, 358.

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