Federal Register - August 21, 1937
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Fuente: Federal Register
REGISTER
FEDERAL
V O LUM E 2
1934 cfr &Nnto
NU M B E R 162
Washington, Saturday, August 21, 1937
provided further, That a bond of indemnity shall not be required in any of the following classes of cases, except as hereinafter provided :
Public Debt Service.
1 If the Secretary of the Treasury is satisfied that the loss, 1937 S e c o n d S u p p l e m e n t t o D e p a r t m e n t C ir c u l a r N o . 300
theft, destruction, mutilation, or defacement, as the case may be, occurred without fau lt of the owner and while the security Dated July 31, 1923
was in the custody or the control of the United States not including the Postal Service when acting solely in its capacity A u g u s t 18, 1937.
as the public carrier of the m ails > or of a person thereunto 1.
Treasury Department Circular No. 300, dated July 31, duly authorized as law ful agent of the United States, or while it was in the course of shipment effected pursuant to and in 1923, prescribing regulations with respect to United States accordance with the regulations issued under the provisions of bonds and notes, is hereby amended by striking out para this Act;
2 If substantially the entire security is presented and graph 78 and inserting in lieu thereof the following:
surrendered by the owner and the Secretary of the Treasury is 78. Relief on account of the loss, theft, destruction, mutilation satisfied as to the identity of the security presented and that or defacement of United States securities may be given under any missing portions are not sufficient to form the basis of a the authority of and subject to the conditions set forth in section valid claim against the United States;
8 of the Government Losses in Shipment Act, approved July 8, 3 If the lost, stolen, destroyed, mutilated, or defaced 1937 Public 192, 75th Congress, chapter 444, 1st session, which security is one which by the provisions of law or by the terms reads as foUows:
of its issue is transferable only by operation of law;
Sec . 8. a Whenever it is clearly proved to the satisfaction of 4 If the owner is a State or political subdivision thereof, the Secretary of the Treasury a corporation the whole of whose capital is owned by the United States, a foreign government, or a Federal Reserve bank:
1 That any interest-bearing security of the United States, identified by num ber and description, payable to bearer or so Provided, however, That in any of the foregoing classes o f cases assigned as to become, in effect, payable to bearer, has been the Secretary of the Treasury may require a bond of indemnity wholly or partly destroyed, or so mutilated or defaced as to if he deems it essential to the public interest.
impair its value to the owner, or has been lost or stolen under c The term interest-bearing security of the United States such circumstances, and such a period of time having elapsed or security, wherever used in this section, means any direct o b after it has matured or has become redeemable pursuant to a ligation of the United States issued pursuant to law for valuable call for redemption, as in the judgm ent of the Secretary, would consideration and which by its terms bears interest, or is issued indicate that it has been destroyed or irretrievably lost, is not on a discount basis, and includes b u t is not limited to bonds, held by any person as his own property and w ill never become notes, certificates of indebtedness, and Treasury bills, and interim the basis of a valid claim against the United States; or certificates issued for any such security.
2 That any interest-bearing security of the United States, d The Secretary of the Treasury shall have the power to Identified by number and description, which is not payable to make such rules and regulations as he may deem necessary for the bearer and which has not been so assigned as to become, in administration of this section.
effect, payable to bearer, has been lost or stolen, so that it is e Sections 3702, as amended, 3703 , 3704, and 3705 of the not held by any person as his own property, or has been wholly Revised Statutes of the United States U . S. C., title 31, sec. 735, or partly destroyed, or so mutilated or defaced as to impair its 736, 737, and 738 are hereby repealed.
value to the owner; the Secretary, upon receipt and approval by him of a bond of indemnity, if and as required by subsection 2. Subject to the provisions of section 8 of the Govern b hereof, shall, in the case of a security which has not matured ment Losses in Shipment Act, quoted above, paragraphs 79
or become redeemable pursuant to a call for redemption, issue to 88, inclusive, of Treasury Department Circular 300, in so a substitute marked duplicate and showing the serial number of the original security; or shall, in the case of a security which far as applicable, shall continue to govern the granting of has matured or become redeemable pursuant to a call for re relief-on account of lost, stolen, destroyed, mutilated or de demption, make payment thereof to the owner, with such in faced securities of the United States, except that where, terest only as would have been paid had the security been presented when it became due and payable: Provided, That in under the terms of said section a bond of indemnity is the case of an interim certificate relief may be given by the required, it shall be in a penal sum equal to the face amount issue of a definitive security, whether before or after maturity, of the lost, stolen, destroyed, mutilated or defaced security, rather than by the issue of a substitute or by payment: And plus an amount sufficient to protect the United States from provided further, That no payment shall be made on account of interest coupons claimed to have been attached to such original any loss on account of interest which may be payable on security unless the Secretary is satisfied that such coupons have such lost, stolen, destroyed, mutilated or defaced security.
not been paid, and are in fact destroyed or can never become 3. Relief on account of the loss, defacement or destruction the basis of a valid claim against the United States.
TREASURY DEPARTMENT.
b Except as hereinafter provided, the owner of such lost, stolen, destroyed, mutilated, or defaced security shall file with the Secretary of the Treasury a bond, to indemnify the United States, in such form and amount and with such surety, sureties, or security as the Secretary of the Treasury shall require: Provided, That in case of securities payable to bearer or so assigned as to become, in effect, payable to bearer, the destruction of which has not been proved, a corporate surety, qualified under the provisions of the Act of August 13, 1894, as amended U . S. C., 1934 edition, title 6. secs. 6-13, shall be required on such bond of indemnity: And
of full-paid interim certificates of the First Liberty Loan will hereafter be granted as provided in section 8 of the Gov ernment Losses in Shipment Act, quoted above, and in ac cordance with the applicable provisions of paragraphs 79 to 88, inclusive, of Department Circular 300, as amended.
Treasury Department Circular No. 118, dated July 12, 1918, prescribing regulations concerning full-paid interim certificates, First Liberty Loan, is hereby superseded, so far 1709