[Code of Federal Regulations]
[Title 7, Volume 7]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR739.18]

[Page 309-310]
 
                          TITLE 7--AGRICULTURE
 
                            CHAPTER VII--FARM
                SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
 
PART 739--DRY BEAN WAREHOUSES--Table of Contents
 
Sec. 739.18  Lost or destroyed receipts; bond.

    (a) In the case of a lost or destroyed receipt, 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 new or duplicate receipt, the warehouseman 
shall require the depositor or other person

[[Page 310]]

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 
beans represented by the lost or destroyed receipt. Such bond shall be 
in the 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.