case jones against Thurloe a innkeeper have a right to detain a horse for the  expense of his keep but he can sell the horse and by that mean pay himself and  if by suffer the horse to depart or by any other mean he give credit to the  owner he can afterward detain he upon his come again into his possession S c  stram trover bring by a common carrier against a innkeeper for keep the  plaintiff horse and convert he to his own use the defendant plead that he be a  innkeeper and that the carrier owe he so much money for horsemeat at several  time all of which he set forth in his plea and that by the custom of the realm  a innkeeper may detain horse for their keep and that he this defendant on such  a night detain the plaintiff horse for what be due to he c which be the same  trover and conversion of which the plaintiff complain c the court upon a  demurrer to this plea be of opinion that by the custom of the realm if a man  lie in a inn one night the innkeeper may detain his horse until he be pay for  the expense but if he give he credit for that time and let he depart without  payment then he have waive the benefit of that custom by his own consent to  the departure and shall never afterward detain the horse for that expense for  this custom be find on the hardship of the innkeeper case to sue for every  little debt or on a great hardship that he may not know where to find he who  be his guest after he be go therefore when he have waive that privilege which  the law give he he must rely on his other agreement now in the principal case  the innkeeper have seize his horse for the expense of several night and not  for one night and no more which he may lawful do such seizure be not lawful  and by consequence it be a good evidence of the conversion the chief justice  in the argument of this case hold that though the innkeeper modern report er p  may detain a horse for his meat for one night yet he can not sell the horse  and pay himself if he modern report do it be a conversion vent see also show  notorious facts salk ld ray burr burr a for he be not to be his own carver