PART III.

TIT. III.

CAP. III.

bility of a

house

A lodging-house keeper is bound to take that degree of care for the protection of his house and of the property of his lodgers in Responsiit, and to use that degree of caution in the lodgingchoice of his servants, which a prudent keeper. housekeeper would ordinarily take and use. But having done this, he is not responsible for the loss of the property of his lodgers, even by the theft of his own servants, unless it has been delivered over to him for safe custody. (Ad. Con. 376; Ad. Torts, 333; Broom Com. 790; Woodf. 174.) 1232. Before the stat. 34 & 35 Vict. c. 79, the Distraining goods of the lodger might be distrained for fodger. the rent of the lodgings. (Ad. Con. 377; Woodf. 173, 377.) But, as we have seen, some important enactments have been made by that Act for the protection of such goods. (See supra, par. 479-481a.) 1233.

goods of

tenancy in

lodgings.

The duration of the tenancy in the case Duration of of lodgings ordinarily corresponds with the the case of time for the payment of rent; so that, for example, if the rent is payable weekly, the presumption is that the hiring is for a week. (Ad. Con. 377.) 1234.

quit

If the tenancy is for a definite period, as Notice to for a month or a week, no notice to quit is lodgings. necessary. But if the tenancy is from month to month, a month's notice is necessary; if

PART III. from week to week, a week's notice is in

TIT. III.

CAP. III. general necessary by custom or usage. Where

General law

as to

lodgers.

no such custom or usage exists, a reasonable notice is sufficient. And the notice must expire at the end of the current term of hiring. Where the requisite notice is not given, the rent for the period for which notice ought to have been given must be paid. (See Ad. Con. 6th ed. 358-9; Chit. Con, 8th ed. 327; Woodf. 174.) 1235.

Lodgers are in general subject to the same rules as other tenants. (Woodf. 174.) 1236.

PART IV.

OF THE ENFORCEMENT OF PRIVATE RIGHTS, AND THE REDRESS OF, AND PROTECTION FROM, PRIVATE WRONGS OR CIVIL INJURIES.

PRELIMINARY REMARKS.

It is a maxim that damnum absque injuriâ PART IV. is not actionable. 1237.

pecu

Damnum absque injuriâ.

Damnum is such a damage, whether niary or perceptible, or not, as is capable, in legal contemplation, of being estimated by a jury. 1238.

Damnum

Injuria is a legal wrong, that is, an act or Injuria. omission of which the law takes cognizance as a wrong. 1239.

Hence the meaning of the maxim is, that loss or detriment is not a ground of action, unless it is the result of a species of wrong of which the law takes cognizance. 1240.

But it must not be conclusively assumed from the mere fact of there having been no cases, that the law will not take cognizance of a right or wrong. On the subject of this paragraph, see Day v. Brownrigg, L. R. 10 Ch. D. (Ap.) 294; in which the decision of the Vice-Chancellor Malins was reversed, but, as the writer humbly submits, contrary to common sense, right reason, natural justice, law, and equity. 1240a.