upon the baggage and other property of value of his guests or boarders or lodgers, brought into such hotel, inn, or boarding or lodging house by such guests, or boarders, or lodgers, for the proper charges due from such guests, or boarders, or lodgers, for their accommodation, board and lodging, and room rent, and such extras as are furnished at their request."

470. Sale of Liened Property cannot be Made Before Expiration of Certain Time.

Whenever any trunk, carpet-bag, valise, box, bundle, or other baggage comes into the possession of the keeper of any hotel, inn, boarding, or lodging house, as such, and remains unclaimed for the period of six months, such keeper may proceed to sell the same at public auction after the expiration of four weeks from the first publication of the notice of sale hereinafter required to be given.3

471.

Notice of Sale must be Given.

The keeper must publish once a week for four successive weeks in some newspaper, daily or

2 Civil Code, section 1861, except the last clause, a new section, in effect April 1, 1876, so provides, with slight verbal changes, and omitting the phrase, "dependent on possession."

An innkeeper has a lien at common law: See Lewis v. Taylor, 23 Cal. 364.

3 Civil Code, section 1862, first sentence, first clause, with verbal changes. New section in effect April 1, 1876.

weekly, of general circulation, published in or nearest the city, town, village, or place in which the hotel, inn, boarding or lodging house is situated, a notice of sale containing

(1) a description of each trunk, carpet-bag, valise, box, bundle, or other baggage, as near as may be,

(2) the name of the owner of each, if known, (3) the name of the keeper, and

(4) the time and place of sale.4

472. Expense of Advertising Becomes Lien Ratably.

The expenses incurred for advertising constitute a lien against each such trunk, carpet-bag, valise, box, bundle, or other baggage, in a ratable proportion, according to the value of such piece. of property, or thing, or article sold.5

473. Distribution of Proceeds of Sale.

Out of the proceeds of such sale the keeper may retain the charges for storage, if any, and the expense of advertising and sale thereof.

4 Civil Code, section 1862, last clause of first sentence, and first clause of second sentence, consolidated.

5 Civil Code, section 1862, second sentence, second portion, with verbal change.

6 Civil Code, section 1862, first sentence, last part of first clause. It is noticeable that there is no express provision giving the keeper the right to collect the amount due him for board and lodging out

474. Disposition of Surplus.

In case any balance arising from such sale is not claimed by the rightful owner within one week from the day of such sale, the same shall be paid into the treasury of the county in which such sale took place; and if the same is not claimed by the owner thereof, or his legal representatives, within one year thereafter, the same shall be paid into the general fund of such county.

of the proceeds of such sale, notwithstanding that that is the object for which the lien is given.

7 Civil Code, section 1862, last clause, with verbal changes.

CHAPTER 12.

LIEN OF CARRIER OF PASSENGERS.

475. Lien and enforcement.

475. Lien and Enforcement.1

A common carrier has

lien upon the luggage of a passenger for the payment of such fare as he is entitled to from him. This lien is regulated. by the general provisions of law applicable to liens.2

1 Civil Code, section 2191, as enacted 1872.

2 Regulated by General Law of Liens.-The code language is: "by the title on liens." This title of the code concerns most of the subjects treated in sections 1-22, 81-89, 186-384, and 434-476 of this book.

A similar provision was interpreted in Stewart v. Naud, 125 Cal. 596, 599, 600, 58 Pac. 186 (see section 466, above), to mean that the sale must be conducted as in case of a sale of pledged property. But, as in case of the lien of a carrier on the luggage of his passenger, the passenger may be wholly unknown to the lienor, the provision that actual notice must be given to the owner of the pledged property before the sale can be made would be inapplicable.

(717)

CHAPTER 13.

SHERIFF'S LIEN.

476. Who lienor.

476. Who Lienor.

An officer who levies an attachment or execution upon movable property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.1

1 See Civil Code, section 3057, as enacted 1872.

(718)