payment of rent is a material circumstance (see
LANDLORD AND TENANT). Apparently the same implied warranty of fitness
for habitation at the commencement of the tenancy which exists in the
case of furnished lodgings (see LODGER AND LODGINGS) exists also in the
case of boarding-houses; and the guest in a boarding-house, like a
lodger, is entitled to all the usual and necessary conveniences of a
dwelling-house.
The law of the United States is similar to English law.
Under the French Code Civil, claims for subsistence furnished to a
debtor and his family during the last year of his life by boarding-house
keepers (_maitres de pension_) are privileged over the generality of
moveables, the privilege being exerciseable after legal expenses,
funeral expenses, the expenses of the last illness, and the wages of
servants for the year elapsed and what is due for the current year (art.
2101 (5)). Keepers of taverns (_aubergistes_) and hotels (_hoteliers_)
are responsible for the goods of their guests--the committal of which to
their custody is regarded as a deposit of necessity (_depot
necessaire_). They are liable for the loss of such goods by theft,
whether by servants or strangers, but not where the loss is due to
_force majeure_ (arts. 1952-1954). Their liability for money and bearer
securities not actually deposited is limited to 1000 francs (law of 18th
of April 1889). These provisions are reproduced in substance in the
Civil Codes of Quebec (arts. 1814, 1815, 1994, 2006) and of St Lucia
(art. 1889). In Quebec, boarding-house keepers have a lien on the goods
of their guests for the value or price of any food or accommodation
furnished to them, and have also a right to sell their baggage and other
property, if the amount remains unpaid for three months, under
conditions similar to those imposed on innkeepers in England (art. 1816
A; and see INNS AND INNKEEPERS); also in the Civil Code of St Lucia
(arts. 1578, 1714, 1715) (A. W. R.)
BOARDING-OUT SYSTEM, in the English poor law, the boarding-out of orphan
or deserted children with suitable foster-parents. The practice was
first authorized in 1868, though for many years previously it had been
carried out by some boards of guardians on their own initiative.
Boarding-out is governed by two orders of the Local Government Board,
issued in 1889. The first permits guardians to board-out children within
their own union, except in the metropolis. The second governs the
boa
|