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of Bookkeeping and Warrants. Upon a finding by the Chief or the Assistant Chief of the Division that the claimant is the lawful owner of the original check, a duplicate may be issued to the claimant, payable to such claimant through an endorsement on behalf of the Secretary to that effect.

Certification of approval shall be made in writing on the application or bond as well as on the duplicate check. Any duplicate issued in pursuance of the regulations and instructions in this part, and certified as provided above, may, if properly endorsed, be paid subject to the same rules and regulations as apply to payment of original checks; but no duplicate shall be paid if the original has already been paid.

No bond of indemnity shall be required in any of the following classes of cases except as hereinafter provided:

(a) If the Secretary of the Treasury is satisfied that the loss, theft, destruction, mutilation, or defacement, as the case may be, occurred without fault of the owner or holder and while the check was in the custody or control of the United States (not including the Postal Service when acting solely in its capacity as the public carrier of the mails), or of a person thereunto duly authorized as lawful agent of the United States; or while it was in the course of shipment effected pursuant to and in accordance with the regulations issued under the provisions of the Government Losses in Shipment Act;

(b) If substantially the entire check is presented and surrendered by the owner or holder and the Secretary of the Treasury is satisfied as to the identity of the check presented and that any missing portions are not sufficient to form the basis of a valid claim against the United States;

(c) If the Secretary of the Treasury is satisfied that the original check is not negotiable and cannot be made the basis of a valid claim against the United States;

(d) If the amount of the check is less than $50, and the Secretary of the Treasury is satisfied that the giving of a bond of indemnity would be an undue hardship to the owner or holder;

(e) If the owner or holder is a State or political subdivision thereof, a corporation the whole of whose capital is owned by the United States, a foreign government, or a Federal Reserve bank;

Provided, however, That in any of the foregoing classes of cases the Secretary of the Treasury may require a bond of indemnity if he deems it essential to the public interest.

Where the amount of the check is not more than $20, and the original check has not been received by the payee, it will ordinarily be presumed that the giving of a bond of indemnity would be an undue hardship to the owner. In cases falling within the provisions of (a), (b), (c), (d), and (e) of this section, application for the issuance of a duplicate check without a bond of indemnity shall be made on Form 2244b or 2244c. Additional affidavits and evidence may be required.*+

204.4 Procedure where disbursing officer who issued lost check is dead or no longer in the service of the United States. In case of the loss of a check issued by an officer or agent, other than the

*For statutory citation, see note to § 204.0.

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Treasurer of the United States or the Secretary of the Treasury, who is dead or no longer in the service of the United States, the affidavit and bond required to be furnished by the owner of said check to an officer or agent in the service of the United States, prior to the issue of a duplicate check, should be forwarded to the Secretary of the Treasury, who will refer them to the General Accounting Office for examination and the statement of an account in favor of the owner of said check, as provided in section 3647 of the Revised Statutes of the United States, as amended, and section 307 of the Act of June 10, 1921 (42 Stat. 25; 31 U.S.C. 47). Payment will then be made by a check issued pursuant to such statement of account.**

CROSS REFERENCE: For General Accounting Office, sec. 4 CFR Chapter I. 204.5 Recovery of original check. In the event of the recovery of the original check, after the issuance of the duplicate, it must be surrendered to the Secretary of the Treasury for cancelation. If the check has been recovered before the issuance of a duplicate, the Treasurer of the United States or other drawee should be immediately notified and removal of the stoppage requested.**

204.6 Errors, erasures. Care should be exercised in the execution of the bond to avoid erasures and corrections. If, however, a correction should be necessary, and it is impracticable to obtain another form, a separate notation should be made on the margin of the bond, setting forth the change or correction, which statement should be signed by principal and sureties. For example: "The change in the date, line 13, to August 18, 1937, (or recite other change) was made with full knowledge and consent of the undersigned

(Principal) (Surety).'

(Surety)

There shall be no deviation from the printed bond form, except as may be authorized by the Secretary of the Treasury.**

204.7 Penalty of bond. The penalty of the bond should be in multiples of $5, and shall be at least equal to the amount of the check, plus 10 percent, but in no case shall the bond be in an amount less than $10.**

INSTRUCTIONS FOR EXECUTING BOND OF INDEMNITY

204.8 Names and residences. The name, including first name, middle initial, if any, and last name of the principal and each surety, together with their addresses, by street, number, city, and State, must be given in the first paragraph of bond. The names and addresses should be printed or typewritten, or otherwise clearly written.*+

204.9 Signature and seal. The principal and each surety must sign the bond at the foot thereof, by first name, middle initial, if any, and last name, to correspond with his name as shown in the first paragraph of bond. A corporate principal or surety must affix its corporate seal.*t

204.10 Witnesses. The signature of a witness must appear in the appropriate place, with his full address, with a showing as to whose signature he has witnessed. Signatures of corporations may be at

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*For statutory citation, see note to § 204.0.

tested. If the signature of a witness is illegible the name should be indicated by printing or typewriting.*+

204.11 Corporation as principal. If the principal is a corporation, the first and second lines of bond must be filled in thus: "(Ñame of corporation) by (an officer duly authorized)." The bond must be signed: "(Name of corporation)

by

(name and title of authorized officer)." Seal of the corporation must be affixed to its signature. If the corporation has no impression seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate signature.

The official character and authority of the person or persons executing the bond in the name of the principal shall be certified by the secretary or other officer (who shall be an officer other than the officer executing the bond) on the form at bottom of bond. In lieu of such certificate there may be attached to the bond copies of so much of the records of the principal as will show the official character and authority of the officer signing, duly certified as correct under the corporate seal by the secretary or other authorized officer as aforesaid. If the corporation has no seal, such records of authority must be sworn to by the certifying officer before a person authorized to administer oaths for general purposes, and such person must affix his seal.**

204.12 Unincorporated companies, societies, lodges, as principal. The instructions pertaining to corporations govern. See § 204.11.**

204.13 Partnerships. If the principals are partners, their individual names shall appear on lines one and two of bond, followed by the recital that they are all the partners composing a firm, naming it, and all the members of the firm shall sign the bond as individuals. All members of the firm must execute the affidavit.**

204.14 Assumed business title. If the principal is doing business under an assumed business title, his individual name shall appear on line one of the bond, followed by the recital that he is the sole owner of the firm, naming it, and he shall sign the bond as an individual. He must also execute the affidavit as an individual, showing that he is the sole owner of the firm.**

204.15 Joint ownership. If the check is owned jointly by two or more persons, all such joint owners must execute the bond as principal and execute the affidavit.*†

204.16 Sureties. The surety on the bond may be a corporation authorized by the Secretary of the Treasury, or two responsible individuals, unless the amount of the original check is less than $50, in which case one responsible surety may be accepted. The sureties, if individuals, must be citizens and residents of the United States, except that sureties on bonds executed in the Canal Zone, the Philippine Islands, Puerto Rico, Hawaii, Alaska, or any possession of the United States need not be citizens of the United States, but if not citizens of the United States they shall be domiciled in the place where the principal resides.

*For statutory citation, see note to § 204.0.

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When the principal resides in a foreign country and it is impracticable to obtain citizens and residents of the United States as sureties, or a duly qualified corporate surety, other sureties may be accepted, provided their sufficiency as such is certified by a díplomatic or consular officer of the United States.

A firm, as such, will not be accepted as surety, nor a partner for co-partners.

When approved corporate surety or responsible individual sureties cannot be obtained, the Secretary of the Treasury will give consideration to the acceptance of other security.*+

204.17 Sufficiency of sureties. The sufficiency of individual sureties must be certified by one of the following-named officers: An executive officer of an incorporated bank or trust company, or manager of a branch thereof, over his official designation and seal of the bank or trust company; postmaster; judge or clerk of court; collector or deputy collector of internal revenue; collector or deputy collector of customs; United States commissioner; United States district attorney; assistant United States district attorney; United States marshal; notary public; justice of the peace; a commissioned officer of the Army, Navy or Marine Corps, or Coast Guard for sureties in the military, naval, or coast guard service, respectively; an Army Reserve officer in command at Civilian Conservation camps for sureties in the Civilian Conservation Corps; or a diplomatic or consular officer of the United States in case of sureties resident in foreign countries. This certificate must be made by a disinterested person.

Affidavits as to the financial qualifications of individual sureties may be required when deemed advisable.*t

204.18 Previous regulations superseded. This part supersedes Treasury Department Circular No. 327, dated October 15, 1924, and subsequent amendments thereto, and all previous regulations governing the issuance of duplicate checks of disbursing officers; also Department Circular No. 54 (Treasurer, U. S.) revised, dated June 28, 1932, governing the issuance of duplicate Treasurer's checks and interest checks. The Secretary of the Treasury may withdraw or amend at any time or from time to time any or all of the rules and regulations in this part.*+

PART 205-DISPOSITION OF CERTIFICATES OF DEPOSIT 7

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་ The forms mentioned in this part may be obtained from the Office of the Commissioner of Accounts and Deposits, U. S. Treasury Department, Wash., D. C.

205.8

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*For statutory citation, see note to § 204.0.

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205.9 Patent fees; patent fees to be 205.16 Panama Canal tolls.
deposited with the Treasurer
only.

205.10 Proceeds of collections; certifi-
cates to be prepared by the

Treasurer.

205.11 Transfers of funds.

205.12 Surplus money-order funds.

205.13 Surplus postal funds.

205.14 Postal savings funds.

205.15 Deposits to be placed with the Treasurer to official credit of disbursing officers.

205.17 Deposits to the credit of the Secretary's special deposit асcounts.

205.18 List of forms of certificates of

deposit to be used.

205.19 Credit for deposits given disbursing officer only upon warrants issued by the Secretary of the Treasury.

205.20 Previous regulations superseded. 205.21 Secretary may amend.

Section 205.1 Treasurer or public depositary to issue duplicate receipts for deposits of moneys of the United States; certificates of deposit. Section 495 of title 31 of the United States Code, page 1006, requires that the Treasurer or the public depositary shall issue duplicate receipts for moneys of the United States deposited with them, transmitting the original forthwith to the Secretary of the Treasury, and delivering the duplicate to the depositor. Certificates of deposit are issued for this purpose, in sets consisting of two or more counterparts.

The originals of all certificates issued for the deposit of any and all public moneys of every character and description must be forwarded by depositaries, without letters of transmittal, on date of issue, with the daily transcript of the Treasurer's account on which credit therefor appears. Certificates of deposit must be dated by the depositary in the place provided therefor, and the date on the certificate shall in all cases be the same as that of the transcript of the Treasurer's account in which the amount is credited. Certificates of deposit will be prepared, numbered, and dated (when provision is made in the certificate form for date sent) by the depositor whenever practicable. All certificates must be signed in ink by a duly authorized officer of the depositary.

Certificates of deposit must be issued and disposed of as herein provided, and in no case shall a duplicate or second set of certificates be issued without special authority of the Secretary of the Treasury, unless and until the entire original set has been canceled, destroyed, or lost beyond recovery. But copies of any certificate in a set may be furnished on request, provided each such copy is plainly stamped across the face in large letters "COPY." If an error is discovered after the original has been mailed, the Treasurer of the United States should be notified at once in order that proper correction may be made.*†

*88_205.1 to 205.21, inclusive, issued under the authority contained in R.S. 161; 5 U.S.C. 22: apply R.S. 3621, sec. 5, 29 Stat. 179, sec. 1, 41 Stat. 654, 655; 31 U.S.C. 495.

tIn 88 205.1 to 205.21, inclusive, the numbers to the right of the decimal point correspond with the respective section numbers in Department Circular 12, amended and supplemented, Secretary of the Treasury, Apr. 23, 1929.

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