Thus, if a cook or fireman negligently leaves coals or ashes containing fire in a position which ignites and destroys the house, or if a chambermaid negligently sets fire to the furniture of a room, or if a porter or bellboy sent to build a fire in the room of a guest sets fire to the house, or if a sufficient watch is not kept, or reasonable protection and guard against fire is not maintained, the keeper of a hotel, boarding-house, or lodging-house will be liable in this state for loss by fire. But where the keeper of the house has done all that a reasonable man can do to guard against the danger from fire, and a fire occurs, without any negligence on his own part or on the part of any of his servants or employees, he will not be liable. Thus, if a fire starts in an adjoining building, or in some other quarter of the town, and reaches and sweeps away his own house; or if a fire occurs by reason of lightning, earthquake, or floods, he will not be liable for losses to his guests, boarders, or lodgers. Indeed, it may be said that it is the law of this state that in no case of loss by fire is the keeper of a hotel, boardinghouse, or lodging-house liable for the property of guests, where the fire was purely accidental, and was not occasioned by anything which reasonable care and prudence on the part of himself or his servants and employees might have avoided or prevented.

Section 68.-LIABILITY OF HOTEL, BOARDINGHOUSE, AND LODGING-HOUSE KEEPERS FOR LOSS BY THEFT.-The liability of the keeper of a hotel, boarding-house, or lodging-house for losses of the property of his guests, boarders, or lodgers, by theft, depends upon whether the thieves come from within the house. If the property is stolen by some one employed in the house, in any capacity, or even by a guest, boarder or lodger, without the fault of the person from whom the property is taken, the keeper of the house will be liable for its loss. But if burglars or rioters break into the house and steal, this will constitute an act which the keeper of the house

could not very well have had any control over, and hence he will not be liable, if he kept his house secured in a reasonable manner.

Section 69.-LIABILITY OF HOTEL, BOARDINGHOUSE, AND LODGING-HOUSE KEEPERS FOR LOSS OF BAGGAGE.-The liability for loss of baggage begins at the moment the hotel, boarding-house, or lodginghouse keeper takes charge of the baggage, whether at the house or elsewhere. Therefore, if a porter solicits a guest at a railroad train, or ferry, or depot, and receives the traveler's check, and indicates the conveyance which the traveler shall take to the house, the keeper is responsible from that moment for the safe delivery of the baggage at the guest's room, and, if it is lost on the way, the keeper of the house is liable. After the baggage has reached the house, the keeper is responsible for its safety, and will be liable for its loss, if the owner of the baggage is not guilty of any negligence which contributes to the loss. After the baggage leaves the house, to be taken to a depot, train, or ferry by the employees of the keeper of the house, his liability continues until the baggage safely reaches its destination there.

Section 70.-LIEN OF HOTEL, BOARDING-HOUSE, AND LODGING - HOUSE KEEPER ON BAGGAGE AND OTHER PROPERTY.-A hotel, boarding-house, or lodging-house keeper has a lien upon the baggage and other property of his guest, boarder, or lodger, brought into his house, for the compensation due him. This lien includes his charges for accommodation, board, and lodging, and room rent, and such extras as have been requested and furnished. If the bill is not paid when due, the keeper of a hotel, boarding-house, or lodging house has the right to take possession of the baggage and other personal property of the guest, boarder, or lodger, in the house, and keep possession until the debt is paid.

Civil Code, Section 1861.

Section 71.- SALE OF UNCLAIMED BAGGAGE BY HOTEL, BOARDING-HOUSE, AND LODGINGHOUSE KEEPERS.-Whenever any trunk, carpet-bag, valise, box, bundle, or other baggage, in the possession of a hotel, boarding-house, or lodging-house keeper, remains there unclaimed for the period of sixty days, the property may be sold by him at public auction, and out of the proceeds of the sale he may retain the charges for storage and the expenses of advertising and sale. A notice of at least four weeks, that the property will be sold at auction, must be published in a newspaper. If there is no newspaper in the place where the house is located, then the notice must be published in a newspaper printed at the nearest city or town. The notice of the sale must be published once a week for four successive weeks, and the notice must contain a description of each trunk, carpet-bag, valise, box, bundle, or other baggage, which it is intended to sell, also the name of the owner, if known, the name of the person selling, and the time and place of the sale. If there is any balance left, after retaining enough to pay storage charges and the expenses of the sale, and this balance is not claimed by the rightful owner within one week from the day of sale, the money must be paid into the Treasurer's office of the county where the sale takes place; and if no claim is made upon the County Treasurer for the money within one year, it goes into the County General Fund.

Civil Code, Section 1862.

Section 72.-STATEMENT OF CHARGES, ETC., TO BE POSTED BY HOTEL, BOARDING-HOUSE, AND LODGING-HOUSE KEEPERS.-A statement of charges is required by the law to be posted in every hotel, boarding-house, and lodging-house in this state. The Civil Code, Section 1863, is as follows: "Every keeper of a hotel, inn, boarding or lodging-house shall post, in a conspicuous place, in the office or public room, and in every bedroom of said hotel, boarding-house, inn, or lodging-house, a printed copy of this section, and a statement of charges,

or rate of charges, by the day, and for meals or items. furnished, and for lodging. No charge or sum shall be collected or received by any such person for any service not actually rendered, or for any item not actually delivered, or for any greater or other sum than he is entitled to by the general rules and regulations of said hotel, inn, boarding or lodging-house. For any violation of this section, or any provision herein contained, the offender shall forfeit to the injured party three times the amount of the sum charged in excess of what he is entitled to."

Section 72a.-DEFRAUDING HOTEL KEEPERS.Any person who obtains any food or accommodation at a hotel, inn, restaurant, boarding-house, or lodging-house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at a hotel, inn, restaurant, boarding-house, or lodging-house by the use of any false pretense, or who, after obtaining credit or accommodation at a hotel, inn, restaurant, boardinghouse, or lodging-house, absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodations, is guilty of a misdemeanor. If a person is convicted of this offense, he is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $500, or by both fine and imprisonment.

Statutes of 1903, p. 22; Penal Code, Section 19.

Section 72b.- EXIT AND STAIRWAY SIGNS.Every owner, manager, proprietor, lessee or other person having the management, charge or control of any public. hotel, lodging or rooming house, is hereby required to put up in conspicuous places in the halls of such hotel, lodging or rooming house, exit and stairway signs and permanently maintain the same. Said signs shall be made and placed where they will definitely direct the patrons thereof to the exits and stairways, so as to enable them to escape from such building in case of fire or other accident.

Every owner, manager, proprietor, lessee or other person, having the management, charge or control of any such hotel, lodging or rooming house who shall violate any of the provisions of this act, or who shall refuse or neglect to comply therewith, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not to exceed one hundred dollars or by imprisonment not to exceed three months, or by both such fine and imprisonment.

Act of the Legislature, approved March 25, 1911.

Landlord and Tenant.

Section 73.-LEASES OF REAL

OF REAL ESTATE. The Legislature of California has passed laws regulating by statute the making of leases of real estate. It is the policy of this state to discourage long leases, which have the effect of tying up property for many years, and therefore the law prescribes the longest terms for which real estate may be leased in California, and the courts have sustained these regulations as being wise and prudent.

Section 74.-FOR WHAT TERM LEASES MAY BE MADE IN CALIFORNIA.-A lease of land for agricultural purposes, in which is reserved to the owner any rent or service of any kind, can be made for fifteen years, and no longer. A lease of a town or city lot, in which is reserved to the owner any rent or service of any kind, can be made for ninety-nine years, and no longer; provided, that the property of any municipality, or any minor or incompetent person, cannot be leased for a longer period than ten years. Statutes of 1903, p. 274.

Act of the Legislature, approved April 19, 1909.
Act of the Legislature, approved May 1, 1911.

Section 75.-WHEN VERBAL LEASE MAY BE MADE.-A lease for a term not exceeding one year may be made verbally, and need not be witnessed by any writing whatever.