e is stolen by the cashier or paying teller, is the
bank responsible? That depends. If the bank knows or suspected the
official was living a gay life, it ought not to keep him, and most
banks would not. It is the better legal opinion, that a bank ought not
to keep a president, cashier or other active official who is
speculating in stocks, for the temptation to take securities not
belonging to them has been too great in many cases for them to
withstand. On the other hand if a long-trusted official, against whom
no cause for suspicion had arisen, should steal a package from the
safe, the bank would not be responsible for the loss any more than if
it had been stolen by an outsider. The bank did not employ him to
steal, but to perform the ordinary banking duties.

A bailee is usually a keeper only. But the nature of the property may
require something more to be done. If he is entrusted with a milch
cow, he must have her milked, or with cattle in the winter time which
require to be served with food, he must supply it, otherwise they
would starve. If he is keeping a horse which is taken sick, proper
treatment should be given.

When the period of bailment is ended, the thing bailed must be
returned. If it consisted of a flock of sheep, cattle and the like,
all accessions must also be delivered. In many cases the bailee is not
required to return the specific property, but other property of the
same kind and quality. Thus if one delivers wheat for safekeeping,
which is put in an elevator, the contract is fulfilled by delivering
other wheat of similar kind and quality; or, if the wheat is to be
made into flour, by delivering the proper amount of the same quality
as the specific wheat bailed. A bailee has a lien for his service and
proper expenditures in caring for and preserving the thing bailed, but
not for any other debt the bailor may owe him. And if the bailee is a
finder who has bestowed labor on the article found in good faith, the
same rule applies.

Agisters and livery-stable men have no lien at common law, like
carriers for keeping the animals entrusted to them because they are
under no obligation to take them into their keeping. In Pennsylvania a
different rule was long ago declared, and has ever since been
maintained. As he can agree on terms, he may make such as are
agreeable to both parties. Elsewhere he can impose his own terms, and
may demand his pay in advance, or create, by contract, a lien if he
pleases. A p