Question 245.— Job Smith, sheriff, places a sum of money in current account in his name as sheriff, the money deposited being court funds. Smith is dismissed from office and a successor appointed. Would a bank be justified in paying Smith the amount on his cheque signed " Job Smith, sheriff"—he no longer holding office—or would an order from the court be necessary? Or again, could the bank pay his successor without incurring liability?

Answer.—Unless the bank has had some special arrangement with the sheriff, covering an intimation that the money at his credit is official money payable to himself or to his successor in office, or unless there is some local statute which controls the matter, the deposit in question must be regarded as one which is repayable to Job Smith personally. Under ordinary circumstances, where an account is opened in the name of " Job Smith, sheriff," the word " sheriff" must be regarded as a mere description.