[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: 7CFR742.19]

[Page 362-363]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 742--COTTONSEED WAREHOUSES--Table of Contents
 
Sec. 742.19  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 
receipt issued in lieu of a lost or destroyed receipt, may be issued

[[Page 363]]

upon compliance with the conditions set out in paragraph (b) of this 
section.
    (b) Before issuing such 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 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 cottonseed 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) a surety 
company which is authorized to do business, and is subject to service or 
process in a suit on the bond, in the State in which the warehouse is 
located, or (ii) at least two individuals who are residents of such 
State and each of whom owns real property therein having a value, in 
excess of its exemptions and encumbrances, to the extent of double the 
amount of the bond.

(Approved by the Office of Management and Budget under control number 
0560-0120)

[SRA, BAE 102; 13 FR 8731, Dec. 30, 1948; 19 FR 57, Jan. 6, 1954, as 
amended at 47 FR 745, Jan. 7, 1982. Redesignated at 50 FR 1814, Jan. 14, 
1985]