[Code of Federal Regulations]
[Title 7, Volume 7, Parts 700 to 899]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR736.21]

[Page 251]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 736--GRAIN WAREHOUSES--Table of Contents
 
Sec. 736.21  Lost or destroyed receipts; bond.

    (a) In the case of lost or destroyed receipts, if there be no 
statute of the United States or law of a State applicable thereto a new 
receipt upon the same terms, subject to the same conditions, and bearing 
on its face the number and the date of the receipt in lieu of which it 
is issued and a plain and conspicuous statement that it is a duplicate 
receipt issued in lieu of a lost or destroyed receipt, may be issued 
upon compliance with the conditions set out in paragraph (b) of this 
section.
    (b) Before issuing such new or duplicate negotiable receipt the 
warehouseman shall require the depositor or other person applying 
therefor to make and file with him (1) an affidavit showing that the 
applicant is lawfully entitled to the possession of the original 
receipt, that he has not negotiated or assigned it, how the original 
receipt was lost or destroyed, and if lost, that diligent effort has 
been made to find the receipt without success, and (2) a bond in an 
amount double the value, at the time the bond is given, of the grain 
represented by the lost or destroyed receipt. Such bond shall be in a 
form approved for the purpose by the Secretary, or his designated 
representative, shall be conditioned to indemnify the warehouseman 
against any loss sustained by reason of the issuance of such receipt, 
and shall have a surety thereon a surety company which is authorized to 
do business, and is subject to service of process in a suit on the bond, 
in the state in which the warehouse is located or at least two 
individuals who are residents of such state and each of whom owns real 
property therein having a value, in excess of all exemptions and 
encumbrances, equal to the amount of the bond.
    (c) Before issuing such new or duplicate non-negotiable receipt, 
obtain a written statement from the holder that the original non-
negotiable receipt is lost and requires the issuance of a duplicate non-
negotiable receipt.

[29 FR 15730, Nov. 24, 1964. Redesignated at 50 FR 1814, Jan. 14, 1985, 
and amended at 57 FR 57648, Dec. 7, 1992]