MCA Chapter 73

in effect

Miss. Code Ann. § 75-73-1 Copy of law to be posted in all hotels and inns.

A copy of Sections 75-73-3 and 75-73-5 shall be posted and kept posted in a conspicuous place in the general office or lobby, provided for the use of guests and patrons of every public inn and hotel.

Miss. Code Ann. § 75-73-3 Penalty.

Any innkeeper or hotel keeper or manager who shall fail, neglect or refuse to comply with Section 75-73-1 of this chapter shall be guilty of a misdemeanor and on conviction shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars. Each day’s failure, neglect or refusal shall constitute a separate offense, and may be punished as such.

Miss. Code Ann. § 75-73-5 Hotels and innkeepers; liability for valuables of guests.

No innkeeper, whether individual, partnership or corporation, who constantly has in his inn an iron safe or suitable vault in good order and fit for the safe custody of money, bank notes, jewelry, articles of gold and silver manufacture, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers, bullion, and who keeps on the doors of the sleeping rooms used by his guests, locks or bolts, and on the transoms and windows of said rooms suitable fastenings, shall be liable for the loss or injury to any such property suffered by any guest, unless such guest has offered to deliver the same to such innkeeper for custody in such iron safe or vault and such innkeeper has refused or omitted to take it and deposit it in such safe or vault for custody and to give such guest a receipt therefor. Provided, however, that the innkeeper of any inn shall not be obliged to receive from any one guest for deposit in such safe or vault any property hereinbefore described exceeding a total value of five hundred dollars ($500.00), and shall not be liable for any excess of such property, whether received or not; but such innkeeper may, by special agreement with a guest, receive for deposit in such safe or vault any property on such terms as they may agree to in writing. Every innkeeper shall be liable for any loss of the above enumerated articles by a guest in his inn caused by the theft or negligence of the innkeeper or any of his servants.

Miss. Code Ann. § 75-73-7 Loss of property; maximum allowed; guest’s responsibility.

The liability of the innkeeper of any inn, whether individual, partnership or corporation, for the loss of or injury to personal property placed by his guests under his care other than that described in Section 75-73-5 shall be that of a depository for hire. Provided, however, that in no case shall such liability exceed the sum of one hundred dollars ($100.00) for each trunk and contents; twenty-five dollars ($25.00) for each valise and contents, and five dollars ($5.00) for each box, bundle or package and contents so placed under his care, unless he shall have consented in writing with such guest to assume a greater liability; except that nothing herein shall prevent any guest of any hotel or inn from recovering at common law the actual value of the contents of any trunk, valise, box or package which, after being given into the care or custody of the hotel or innkeeper or placed in the rooms of a hotel or inn, shall be lost by or through theft, or the negligence, carelessness or omission of any hotel or innkeeper or his servant or employee, and not by or through the carelessness, negligence or omission of such guest.

Miss. Code Ann. § 75-73-9 Obtaining board and lodging with intent to defraud.

Any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value less than Twenty-five Dollars ($25.00) at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof, shall, upon conviction, be fined not less than Fifty Dollars ($50.00) and not exceeding Five Hundred Dollars ($500.00) or imprisoned in the county jail for a term not exceeding one (1) year, or both; but any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value of Twenty-five Dollars ($25.00) or over at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) and not exceeding One Thousand Dollars ($1,000.00) or imprisoned in the State Penitentiary for a term of one (1) year, or both. In case of a second and subsequent conviction of the offense described, regardless of the value of the food, lodging, money, property or other accommodations obtained, the punishment shall be by imprisonment in the State Penitentiary for a term of not exceeding two (2) years. No person shall remain in a hotel or motel where his term or stay has expired if the person has been given a separate written notice of his agreed departure date and checkout time at the time he registered in the hotel or motel, the person has signed such notice acknowledging his departure time, and the person has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room. Willful violations of this subsection shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) and each violation shall be a separate offense. This subsection shall not apply in case of serious medical emergency requiring the room’s continued use.

Miss. Code Ann. § 75-73-11 Proof of fraudulent intent; what constitutes prima facie evidence.

Proof that lodging, food, money, property, or other accommodations were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, that the person refused or neglected to pay for such food, lodging or other accommodations, or that he absconded without paying or offering to pay for such food, lodging or other accommodations, or that he surreptitiously removed or attempted to move his baggage, or that he made, drew, issued, and delivered to the owner or keeper of any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house, any check, draft or order on any bank or other depository in payment of food, lodging, money, property, or other accommodations, and has no funds or has insufficient funds on deposit to his credit in such bank or depository with which such check, draft, or order may be paid in full, and all other checks, drafts, or orders upon such funds then outstanding, shall be deemed prima facie proof of the fraudulent intent mentioned in Section 75-73-9. Provided, however, that this section shall not apply in cases where there has been an agreement for extension of credit made at the time or before the lodging, food, money, property, or other accommodations have been furnished.

Miss. Code Ann. § 75-73-13 Hotel authorities may eject violators of the law.

If any person be guilty of disorderly conduct or other conduct prohibited by law, or intoxication or any breach of the peace, or of the use of obscene or profane language on the premises of any hotel, or if any person register at said hotel under an assumed name, then the manager of said hotel or anyone who is at the time acting as said manager or for said manager may eject said person or persons from said hotel premises using only such force as may be necessary to accomplish the same, and may command the assistance of the employees of said hotel to assist in said ejection and may cause any person violating the law to be detained and delivered to the proper authorities. If a person who has been given written notice of his agreed departure and checkout time at the time he registered in the hotel or motel, who has signed such notice acknowledging his checkout time, and who has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room remains in a hotel or motel room after his term or stay has expired, the manager of the hotel or motel or anyone who is at the time acting as said manager or for said manager may eject said person and other occupants and their personal belongings from said hotel or motel premises using the assistance of the appropriate lawful authority to accomplish the same. If the registered occupant is not present, the manager of the hotel or motel, or the person acting as or for said manager, shall make and sign a written, itemized inventory of the personal belongings in the room before same shall be removed, which inventory shall also be signed, as witness thereto, by the lawful authority assisting such hotel or motel manager. Such hotel or motel manager shall use reasonable care to preserve and protect such personal belongings for a period not longer than ten (10) days. No action for damages, or otherwise, shall be maintainable against the owners, operators or managers of a hotel or motel, or appropriate lawful authority for reasonable exercise of rights pursuant to Sections 75-73-9 and 75-73-13. This subsection shall not apply in case of serious medical emergency requiring the room’s continued use.

Miss. Code Ann. § 75-73-15 Innkeepers to have lien on baggage.

Keepers of hotels, inns, boarding houses and restaurants shall have a lien on the goods and personal baggage of their guests and boarders to secure the payment of any money due from them for board and lodging and hotel accommodations; and may enforce the same by a seizure and sale of such goods and baggage, as hereinafter provided.

Miss. Code Ann. § 75-73-17 How baggage sold, when, and to whom.

If the charges when due are not paid within ten (10) days after demand therefor, such hotel, inn, boarding house, or restaurant keeper, may, on giving ten (10) days’ notice of the time and place of such sale by posting notice in two public places, one of which shall be in a public place in the hotel, boarding house, inn or restaurant, where such personal baggage or goods are seized, sell such goods and baggage to the highest bidder for cash, and apply the proceeds to the expense of keeping such goods and baggage, and of the sale thereof, and to the satisfaction, in whole or in part, as the case may be, of said lien. The balance of such proceeds, if any there be, shall be paid over to the owner thereof on demand. The demand herein first provided for to be made by the keeper upon the owner for the charges due, may be in person, or by letter, or writing duly stamped, addressed and mailed to such owner to his address if known to such keeper or to the address appearing on the register of such hotel, inn, boarding house or restaurant. The demand on the part of the owner for the residue or remainder shall be made within twelve (12) months from the date of sale of such goods or personal baggage. If not demanded within twelve (12) months after date of such sale, such residue or remainder shall be deposited with the chancery clerk of the county in which said hotel, inn, boarding house, or restaurant is located, together with a statement of the proprietor of such hotel, inn, boarding house or restaurant of the amount of the lien and costs in enforcing the same, together with a copy of the posted notice and the amount received from the sale of said property so sold at said sale. Said residue shall, by said chancery clerk, be credited to the general revenue fund of said county, subject to the right of said guest, or boarder, or their representatives to reclaim the same at any time within two years from and after the deposit of such residue with the said chancery clerk. Such sale shall be a perpetual bar to any action against said hotel, inn, boarding house, or restaurant keeper for the recovery of such goods or baggage, or of the value thereof, or for any damage growing out of the failure of such guest to receive such goods or personal baggage.