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(5) The treasurer shall be responsible to the bank for the work and conduct of every person.... to be appointed or employed on his staff and shall make good to the bank any loss or damage sustained or incurred by the bank from any embezzlement, theft, fraud, misappropriation, mis-conduct, mistake, omission, negligent act or default of any such person or persons.
(6) The treasurer shall keep under his care and supervision or that of his staff the moneys, cash, bullion, securities, cheques, notes, hundis, drafts, orders and other documents or property which may from time to time be entrusted to him at the branches, sub-agencies and pay offices... and shall whenever so required to do so transmit from one place to another place under such guard as may be provided by the bank all such money documents or properties and shall be responsible for the care and proper custody of the same while in transit. That the bank shall for the efficient working of it cash department provide proper iron safes and a strong room in each of the said branches, sub- agencies and pay offices and the treasurer shall be responsible to the bank for any loss occasioned to the bank through the negligence, malfeasance or malfeasance of any of his servants or agents by the payment or delivery of any money, document or property aforesaid to a wrong person whether owing to forgery, mistake, fraud or otherwise.
(7) The treasurer shall be responsible for the correctness and genuineness of all hundis, cheques, drafts, securities, vouchers, documents, writing and signature in an Indian language or character which the treasurer or any of his staff may accept and certify as genuine and correct and shall make good to the bank any loss or damage from any forged instrument or signature on a document as dealt with and shall also be liable for any loss occasioned to the bank by receipt of any bad or base money coin or bullion or any forged or fraudulently altered currency note.

7. The agreement contains certain peculiar covenants : for instance, the expression "treasurer" includes the heirs and representatives and except where the context may justify a contrary implication, the rights, obligations and liabilities of the treasurer would apparently be enforceable by or be enforced against the heirs and legal representatives of the assessee. The treasurer is entitled under the terms of clause (4) to transfer, suspend and dismiss any member of the staff in the cash department of the bank and his recommendation in that behalf has to be accepted by the bank. The treasurer has, if reasonably directed by the bank, but not otherwise, to dismiss any member of the Indian staff appointed by him, and to appoint another in the place of the person so dismissed. The staff in the cash department is referred in clauses (5), (6) and (7) as the treasurer's staff. Under clause (4) all the staff originally in the employment of the bank at the date of the agreement and the staff subsequently appointed were to be paid by the Bank, but the Treasurer was to stand responsible for any loss or damage which may be sustained not only for embezzlement, theft, fraud, misappropriation, misconduct, but even for mistake, omission, negligent act or de-fault of any member of the staff. The Treasurer has by the agreement undertaken to keep the moneys, cash, bullion, securities, cheques, notes, hundies, drafts, orders, and other documents or property under his care and supervision through his staff, and is liable to protect the property of the Bank in his custody, and has to make good any loss occasioned to the Bank by the negligence, malfeasance or misfeasance of any of "his servants or agents" even though not belonging to the Cash Department. The Treasurer is responsible for the "correctness and genuineness" of all hundies, cheques, drafts, securities, vouchers, documents, writing and signature in an Indian language and he is responsible for any loss or damage from any forged instrument or signature on a document dealt with by his staff, and also for any loss arising from receipt, of any bad or base-money coin or bullion or any forged or fraudulently altered currency note. It may be noticed that the liability imposed under that covenant is for the acts of the staff appointed by him or deemed to have been appointed by him within the meaning of cl. (4), and also for loss arising from the receipt of any bad or base-money coin or bullion or any forged or fraudulently altered currency note by any person employed by the Bank. The agreement also contemplates that the Treasurer may appoint any substitute to carry on the work of the Bank. The Treasurer is under the agreement responsible for the acts of the Indian staff at the Branches, SubAgencies and Pay. Offices as far apart as Calcutta, Lahore, Lucknow, Patna, Amritsar, Benaras and Secunderabad.

15. In the present case there is no covenant which either expressly or impliedly confers upon the bank such control and supervision over the work done by the treasurer, and the agreement is not liable to summary determination. His duties, liabilities and responsibilities are to be such as either by custom or contract usually devolve upon the treasurers and those which are specified in the agreement. It is true that under clause (d) he has to transmit from one place to another place whenever so required, under such guard as may be provided by the bank, all such money, cash, bullion, securities, cheques, notes, hundis, drafts, orders and other documents, but that does not put the treasurer under the general supervision of the bank.