9-1502.   Legal relationship of box user.Any bank, either national or state, or trust company or safe depositcorporation, may maintain safe deposit boxes and rent the same for aconsideration. The relationship between any such bank, trust company orsafe deposit company having and maintaining safe deposit boxes for publicuse, and the user or users of such boxes shall be that of landlord andtenant, respectively, in the absence of a written contract to the contrary;notwithstanding the fact that such bank, trust company or safe depositcorporation prescribes the hours of entry into its safe deposit vault, andalso retains and requires the use of a preparation or guard key for theprotection of itself and the user of such box.

      The rights, duties, powers and privileges of any such bank, trustcompany or safe deposit corporation in any such transaction shall be thatof landlord and for all purposes the tenant or lessee shall be deemed bylaw to be in possession of such box and the contents thereof. The lessorshall not be charged with knowledge of the contents of any such box. Thelessor may limit its liability to the lessee by provisions contained withina lease agreement, except, that the lessor shall be liable for the acts ofits officers and employees for failure to exercise ordinary care.

      History:   L. 1947, ch. 102, § 71; June 30.