[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: 7CFR740.20]

[Page 327-328]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 740--NUT WAREHOUSES--Table of Contents
 
Sec. 740.20  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

[[Page 328]]

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 receipt the licensed 
warehouseman shall require the depositor or other person applying 
therefor to make and file with the warehouseman: (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 
nuts represented by the lost or destroyed receipt. Such bond shall be in 
a form approved for the purpose by the Secretary, 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 
(i) 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 (ii) at least two individuals other 
than the applicant 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 extent of the amount of the bond.