[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: 7CFR737.18]

[Page 274]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 737--TOBACCO WAREHOUSES--Table of Contents
 
Sec. 737.18  Lost or destroyed receipts; bond.

    (a) In the case of a lost or destroyed receipt, 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 
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 duplicate receipt the warehouseman shall 
require the depositor or other person applying therefor to make and file 
with the warehouseman: (1) An affidavit showing that he 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 tobacco 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 duplicate receipt, and shall have as surety thereon 
preferably 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.