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, B 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 nnder the terms of cl. ( 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 c 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 els. (5), (6) & (7) as the Treasurer's staff. Under cl. (4) all the staff originally in the employment of the Bank at the date of the agreement and D 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 default of any member of the staff. The Treasnrer has by the agreement undertaken to keep the moneys, cash, E 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 11 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 G coin or bullion or any forged or fraudulently altered currency note. ~t 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 appo?i:ted by him within the meaning of cl. ( 4), and also for loss ansmg from the receipt of any bad or base-money coin H 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 acrreement "
