(Bullitt's Civ. Code Ky. (1895), p. 652).1

John Doe, Plaintiff,

against

Richard Roe, Defendant.

Lee Circuit Court.

Answer and counter-claim.

The defendant says that he has not sufficient knowledge or information to form a belief whether or not the plaintiff is the owner of the horse in the petition mentioned, and denies that he, the defendant, detains or has detained, the horse in the petition mentioned, without right, for he says that, on the tenth day of July, 1896, he was, and ever since has been, an innkeeper; and that, on said day, the plaintiff, who was traveling, brought said horse to the defendant's inn and required the defendant to feed and take care of it, which the defendant has done ever since, and that he is reasonably entitled to twelve dollars therefor, and holds said horse by reason of his lien for said charges.

Wherefore the defendant makes this answer a counter-claim against the plaintiff, and asks for a judgment against him for said twelve dollars and for the amount of charges at the rate of three dollars per week, which may accrue while said horse shall continue in the defendant's possession, and costs, and for a sale of said horse to satisfy said judgment.

(Verification.)

Jeremiah Mason, Attorney.

(2) SETTING UP CONTRIBUTORY NEGLIGENCE.

Form No. 11065.2

(Title of court and cause as in Form No. 5926.)

The defendant, Richard Roe, answering the complaint of John Doe, plaintiff, says:

I. That he admits that he is the proprietor of the "Buffalo House" as alleged in the complaint, and that on the tenth day of July, 1886, the plaintiff was received as a guest in said inn, together with his baggage.

II. That he denies that the loss of the money and jewelry, as alleged in the complaint, was due to the negligence and careless conduct of this defendant or of his servants, but alleges that said loss was due to the negligence of the plaintiff himself, for that the defendant has provided a safe in the office of said hotel for the safe keeping of money, jewelry and ornaments belonging to the guests of said hotel, and has posted a notice stating that there is such safe for the purpose aforesaid, in a public and conspicuous place and manner, in the office and public room and in the public parlors of said hotel. That the plaintiff neglected to deposit said money and jewelry with

property for the remainder of the bill, and a right to possession of the property until the same is paid.

See, generally, the statutes cited infra, note 3, p. 20.

1. See, generally, supra, note 3,

P. 13.

2. New York. Birds. Rev. Stat. (1896), p. 1535, II. See also statutes cited supra, note 1, p. 3.

this defendant or his servants and thereby assumed the custody and safe keeping of such money and jewelry.

Wherefore defendant prays that the complaint be dismissed with

(Commencing as in Form No. 153) upon their oaths present that John Doe, on the tenth day of July, A. D. 1895, in the county and state aforesaid, did unlawfully obtain board and lodging in the "Munroe House," a hotel and boarding-house in the city of Jefferson, county and state aforesaid, kept by one Richard Roe, by means of a trick, deception, false and fraudulent representation, statement and pretense, in this: that he represented to the said Richard Roe that he had with him twenty head of horses, owned by him, which he had

1. Requisites of Indictment, etc.— For the formal parts of an indictment, information or criminal complaint in a particular jurisdiction consult the titles' INDICTMENTS, vol. 9, p. 615; INFORMATIONS IN CRIMINAL CASES, vol. 9, p. 768; CRIMINAL COMPLAINTS, vol. 5, p. 930. For statutory provisions relating to frauds against innkeepers see as follows, to wit:

Alabama. Crim. Code (1896), § 4755.
California. - Pen. Code (1897), $ 537.
Colorado. - Mills' Anno. Stat. (1891),
1404-1406.

Connecticut. Gen. Stat. (1888), § 1590; Laws (1897), c. 100, § 6.

Delaware.- Rev. Stat. (1893), p. 409, c. 53. $ 3.

Illinois. Starr & C. Anno. Stat. (1896), c. 38, par. 243.

-

Indiana. Laws (1897), c. 80, §§ 1, 2.
Iowa.- Code (1897), $$ 5076, 5077.
Maine. Stat. (Supp. 1895), c. 91, §

Wisconsin. - Stat. (1898), § 44386. Wyoming. Rev. Stat. (1897), § 1039. Character of Representations. - The false representations must relate to something in the present, and not to something in the future. State v. Tull, 42 Mo. App. 324.

Value of Accommodation. The indictment need not state that the accommodation or food procured was of any value. State v. Benson, 28 Mina. 424. 2. Missouri.

- Laws (1891), p. 159.

brought to Jefferson City for sale, and that so soon as he sold said horses he would pay the said Richard Roe for his board and lodging; that at the time he made the representations aforesaid, he did not have or own the aforesaid horses, and that he well knew that he did not have or own them, and that he made said representations with intent to cheat and defraud said Richard Roe, and that he left said hotel without paying the said Richard Roe his board and lodging and still refuses to pay the same, contrary to the form of the statute (concluding as in Form No. 153).

b. For Surreptitiously Removing Baggage.
Form No. 11067.

(Precedent in State v. Benson, 28 Minn. 425.)1

[(Commencing as in Form No. 6683) makes complaint and says that H. Hayes and E. Benson, on the eighth day of January, 1881,]2 put up at a hotel [at Fairmont, in the said county of Martin, to wit, the "Martin House," of which said hotel one Willis S. Snow was proprietor, ] and [on said eighth day of January, 1881,]2 did [unlawfully and fraudulently]2 procure food, entertainment and accommodation at the said hotel of the said Willis S. Snow, without paying therefor, with intent to cheat and defraud the said Willis S. Snow, then and there the keeper of said hotel, and did, with such fraudulent intent, on said eighth day of January, 1881, remove and cause to be removed from the said hotel their baggage and effects, consisting of one valise or satchel and its contents, while there was a lien existing thereon for the proper charges due to the said Willis S. Snow from the said H. Hayes and E. Benson for board and entertainment, as aforesaid, [contrary (concluding as in Form No. 6683).] 2

2. Against Innkeeper.3

a. For Failure to Give Alarm of Fire.

1. This complaint is sufficient under the third section of Minn. Stat. (1894), $7999, without stating that the food or accommodation procured or the baggage removed was of any value.

2. The matter enclosed by and to be supplied within [] will not be found in the reported case.

365.

3. For statutes relating to offense by innkeepers see as follows, to wit: California. Pen. Code (1897), Connecticut. Gen. Stat. (1888), SS 2603, 2609.

Georgia.-3 Code (1895), § 603.

$ 2091-2094; How. Anno. Stat. (Supp. 1890), SS 1675, 1690k, 1997b4, 2102a2102f.

Mississippi. - Anno. Code (1892), SS 2080-2091; Laws (1898), c. 5. SS 44, 97. Montana.-Civ. Code (1895), $2505. 2507; Pen. Code (1895), § 655.

Nebraska. Comp. Stat. (1897), §§ 3293-3301.

New Mexico. Comp. Laws (1897), S 1386.

New York.-Birds. Rev. Stat. (1896), p. 920, 40a; p. 1536, § 16.

North Carolina. - Pub. Laws (1895),

Indiana. Horner's Stat. (1896), & c. 116, $$ 34, 37.

2151.

Louisiana. - Rev. Laws (1897), p. 416. Maine.-Rev. Stat. (1883), c. 27. § 13. Massachusetts. - Pub. Stat. (1882), c. 11, 30; c. 14, § 8; c. 102, 1, 9, 10,

17-20.

Michigan. - How. Anno. Stat. (1882),

North Dakota.-Rev. Codes (1895), SS 1717, 1718.

Ohio. Bates' Anno. Stat. (1897), SS 4238-15, 4238-16. Pennsylvania. Bright. Pur. Dig. (1894), p. 914, § 1 et seq., as amended Laws (1897), No. 204; p. 1021, §§ 1, 4.

Form No. I 1068.1

(Commencing as in Form No. 4757) upon their oaths present: That John Doe, late of the county aforesaid, on the thirtieth day of December, A. D. 1896, was the owner and keeper of a certain hotel, in the county aforesaid, to wit, the "Central House," in Aberdeen, in said county; and that on said thirtieth day of December, A. D. 1896, the said hotel was found to be on fire, and the said John Doe unlawfully did fail and neglect at once to give notice of the same to all the guests and inmates of the said hotel, contrary to the form of the statute (concluding as in Form No. 4757).

b. For Failure to Give Checks for Baggage.

Form No. 11069.2

(Commencing as in Form No. 4061) John Doe of the offense of refusing to give a receipt or check for the baggage of a guest of his hotel, when requested so to do by said guest, for that the said John Doe, on the tenth day of January, 1899, was the keeper of a hotel, to wit, the "Washington House," in Washington, in said county of Wilkes, and on said tenth day of January the said John Doe unlawfully refused to give a receipt or check for the baggage of one Richard Roe, then and there a guest of said hotel, and then and there delivered in such hotel, he the said John Doe having been requested so to do by said Richard Roe, contrary to the laws (concluding as in Form No. 4061).

c. For Failure to Post Notice as to Fire-escapes.

Form No. 11070.3

(Commencing as in Form No. 11071, and continuing down to *) that said hotel is of over two stories in height and that on said thirtieth day of December, A. D. 1896, and continuously since said date, the said John Doe unlawfully has failed, neglected and refused to post notices in every room of said hotel, required by section 2080 of the code to be provided with a rope, rope ladder or other appliance, calling attention to the fact that such section has been complied with, and designating the part of such room where the said rope, rope ladder or appliance is fastened, with general directions for its use, contrary to the form of the statute (concluding as in Form No. 4757).

d For Failure to Provide Fire-alarm Bell.

Form No. 11071.1

(Commencing as in Form No. 4757) upon their oaths present that John Doe, late of the county aforesaid, on the thirtieth day of Decem ber, A. D. 1896, and continuously since said date, was the owner and keeper of a certain hotel in the county aforesaid, to wit, the “Central House," in Aberdeen, in said county,* and that on said thirtieth day of December, A. D. 1896, and continuously since said date, the said John Doe unlawfully has failed, neglected and refused to provide a large alarm bell, to be placed and kept near the office of his said hotel, to be used to alarm the inmates in such hotel in case of fire therein, and for no other purpose, contrary to the form of the statute (concluding as in Form No. 4757).

e. For Failure to Provide Fire-escapes.

(1) GENERALLY.

Form No. 11072.2

(Commencing as in Form No. 4745) on their oaths present that one John Doe, on the thirtieth of September, A. D. 1898, being then and there the owner and manager of a certain hotel and place of entertainment for transient guests, situate in the city of Indianapolis, a city of five thousand and more inhabitants, the said hotel being known as the "Central House" and being more than two stories, to wit, six stories in height, did then and there unlawfully conduct, operate and carry on said hotel, without providing sufficient and suitable fireescapes and ladders at convenient places in the stories of such building above the second story, for the speedy escape of such guests in case of fire and without causing written or printed notices of the location and manner of using such fire-escapes and ladders, posted in a conspicuous place in the room of each guest, contrary to the form of the statute (concluding as in Form No. 4745).

(2) IRON BALCONIES.

Form No. 11073.3

(Commencing as in Form No. 205) upon their oaths present that John Doe, late of the county aforesaid, on the first day of January, in the year of our Lord one thousand eight hundred and ninety-six, and continuously since said date, in the county of Colfax aforesaid, and state of Nebraska, was the owner of a hotel, to wit, the "Colfax House" in Schuyler, in the county and state aforesaid, which said hotel was over three stories in height and over one hundred feet in

1. Mississippi. - Anno. Code (1892), SS 2085, 2091. See also statutes cited supra, note 3, p. 16.

2151. See also statutes cited supra, note 3, p. 16.

3. Nebraska. - Comp. Stat. (1897), SS 2. Indiana. - Horner's Stat. (1896), S 3294, 3296. See also statutes cited supra,

note 3, p. 16.