Page:United States Statutes at Large Volume 50 Part 1.djvu/508

75 TII CO NGRE SS, 1sT SESSION--CH . 444-JUL Y 8, 19 37 check of the United States is lost, stolen, or wholly or partly destroyed, or is so mutilated or defaced as to impair its value to its owner or holder, persons authorized to issue such checks on behalf of the United States are authorized, before the close of the fiscal year following the fiscal year in which the original check was issued, to i ssue to th e owner or holder th ereof a su bstitute, marked 'du pli- cate ' and show ing the nu mber, date , and paye e of the o riginal ch eck, upon the receipt and approval by the Secretary of the Treasury of 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 ; but no such substitute shall be payable if the original check shall first have been paid : Provided, however, That the authority herein conferred to issue substitute checks may, in the case of checks issued on account of public-debt obligations and transactions regarding the administration of banking and currency laws, be issued without limi tation of time . "(b) A bond of indemnity shall not be required under subsection (a) of this section in any of the following classes of cases except as hereinafter provided : (1) If the Secretary of the Treasury is satis- fied 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 includ ing the Po stal Servi ce when ac ting solel y in its c apacity as the public carrier of the mails), or of a person thereunto duly aut horize d as la wful ag ent of the Uni ted Sta tes, or while it was in the co urse of shipme nt effe cted pu rsuant to and in acco rdance with the regulations issued under the provisions of the Government Losses in Shipment Act ; (2) 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 ; (3 if the Secretary of the Treasury is satisfied that the original check s not negotiable and cannot be made the basis of a valid claim against the United States ; (4) 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 ; (5) if the owner or holder is a State o r political subdivi sion thereof, a corporation the whole of whose capital is owned by the United States, a foreign government, or a Federal Reserve bank : Provided, ho wever, That in any of the foregoing classes of cases the Secretary of the Treasury may require a bond of indemnity if he deems it es sen tial to the pub lic inte rest . "(c) The Secretary of the Treasury shall have the power to make such rules and regulations as he may deem necessary for the admin- istration of the provisions of this section . "(d) Notwithstanding the provisions of subsections (a), (b), and (c) of this section, whenever any original check of the Post Office Department has been lost, stolen, or destroyed, the Postmaster Gen- eral may authorize the issuance of a substitute, marked dup li cat e' and showing the number, date, and payee of the original check, before the close of the fiscal year following the fiscal year in which the original check was issued, upon the execution by the owner thereof of such bond of indemnity as the Postmaster General may prescribe : Provided, That when such original check does not exceed in amount the sum of $50 and the payee or owner is, at the date of the applica- tion, an officer or employee in the service of the Post Office Depart- ment, whether by contract, designation, or appointment, the Post- master General may, in lieu of an indemnity bond, authorize the 483 In demnity bond . Co ndition of pay- ment . Proviso. Time limitation waived in specified cases . Indemnity bond not required in cases a-s- ignated . Loss, without fault of owner, and while check in U. S.cus- tody, etc . Substantially entire check presented, etc . Original check not negotiable . Check less than $50 and giving bond would be undue hard- ship . Owner is a State, etc . Proviso. I ndemnity bond . R ules and regula - tions . Post Office Depart- ment-Duplicates for lost, etc ., original checks of . I ndemnity bond . Proviso . Affidavit permitted in lieu, if sum less than $50. a