Question 222.— The manager and accountant of a bank hand to another bank in the same city a sealed package represented to contain duplicate keys and combinations of all the locks in the office, with the request that they be held in safe-keeping, and delivered only on the joint order of officials acting as manager and accountant respectively, who may be in charge at any time. In ease of the absence or incapacity of manager or accountant or both, would the custodian be justified in delivering the package to other officials who might for the purpose claim to be acting ? If so, would not either of the applicants be greatly assisted in obtaining fraudulent possession of keys or combinations?

Answer.-—We think that the bank holding the package would only be justified in delivering the same strictly within the terms of the conditions on which it was lodged—that is " on the joint order of the officers acting as manager and accountant who may be in charge at any time." As to who should be considered to be acting in these capacities is a question of fact depending altogether on the circumstances of the particular case, and it would be impossible to express an opinion without knowing all the circumstances. If the officials claiming the package are, as a matter of fact, acting as manager and accountant, and in charge at the time, they are entitled to the parcel; if not, they are not entitled to it.