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Witness my hand and seal this 9th day of July, A. D. 1872.
Joun Doe. [Se a referen] Executed before me this 10th day of July, A. D. 1872.
JOHN JONES, [Official seal.]
Collector of Customs, Chicago, Ill.
Power to collect interest.
to collect in. terest.
Powers to collect interest should follow the same general form.
Acknowledgment of powers. Powers of attorney for the transfer of stock or the collection of interest must be acknowledged in the presence of some one of the officers authorized to take acknowledgments of assignments. Where any such officer has an official seal, it must be affixed.
Powers of substi. tution.
Powers of substitution. Powers of substitution must be executed and acknowledged in the same manner as powers of attorney, and should follow the same general form.
No fees charg
No fees will be charged by a United States minister, able for assign- chargé, consul, vice consul, or commercial agent for wit
nessing and certifying an assignment or power to assign stock or collect interest thereon. No charge is made by the Department for transferring certificates or for changing coupon bonds into registered stock.
Papers in foreign languages must be translated.
Papers in foreign languages. Powers of attorney, and all other papers executed in the United States, must be in the English language. If executed abroad in any other language, an accurate English translation must accompany each.
LOST OR DESTROYED REGISTERED BONDS.
Notice of lost registered bonds should be given
Owners of lost or stolen registered bonds should give no
tice of the fact of the loss or larceny, as soon as known to to Treasury De- them, to the Treasury Department at Washington, D. C.,
in order that innocent persons may be saved, if possible,
from loss by forged or fraudulent assignments on the back of the certificates.
When a caveated registered bond is sent in for transfer, the Treasury Department retains and holds it for the rightful owner, to whom notice of the fact is immediately given, and at the same time notice that the assignment is supposed or claimed to be fraudulent is sent to the person from whom it was received, that he may institute measures to trace out the parties to the fraud; but the Department does not undertake, by detectives or otherwise, to discover the guilty persons.
Whether or not any particular bond has been caveated may be ascertained, if the genuine number is known, by writing to the Secretary of the Treasury for information.
Owners of lost or destroyed registered bonds may obtain Duplicates of lost duplicates thereof by complying with the provisions of the or destroyed reg. following law of Congress, passed for that purpose :
JOINT RESOLUTION TO ENABLE OWNERS TO OBTAIN DUPLICATES OF LOST AND
DESTROYED REGISTERED BONDS OF THE UNITED STATES.
Resolved by the Senate and House of Representatives of the Law of Congress United States of America in Congress assembled, That the Secretary of the Treasury be, and hereby is, authorized and directed, whenever it is proved by clear and satisfactory evidence that any duly registered bond of the United States, bearing interest, issued for valuable consideration in pursuance of law, has been lost or destroyed, so that the same is not held by any person as his own property, to issue a duplicate of said registered bond, to be so marked, of like amount, and bearing like interest as the bond so proved to be lost or destroved:
Provided, That the owner of such missing bond shall file in the Treasury a bond in a penal sum equal to the amount of said missing bond, and the interest which would accrue thereon, until the principal thereof is due and payable, with two gooil and sufficient sureties, residents of the United States, to the approval of the Secretary of the Treasury, with condition to indemnify and save liarmless the United States from any claim because of the said lost or destroyed bond.
Approved March 3, 1871.
The regulations and instructions of the Treasury Depart- Regulations rement in relation to lost certificates are as follows:
specting lost cer tificates.
Caveating lost certificates.
The Secretary of the Treasury should be immediately notified of the loss of any certificate of registered stock, that a caveat may be entered against its transfer.
The notice should give the number and amount of the certificate; the official title of the loan; the date of the authorizing act; and the name and address of the regis
If the stock is not recovered within a reasonable time, a duplicate will be issued, under the regulations hereinafter prescribed.
The law does not authorize the issue of duplicates in lieu of lost coupon bonds.
The following form of caveat may be used:
Form of caveat.
Form of caveat.
NEW YORK CITY, August 1, 1872. To the SECRETARY OF THE TREASURY:
Please take notice that certificates of registered stock-No. 2310 for $10,000, Loan of July, 1861, acts of July 17
and August 5, 1861; 903 for $5,000, Loan of 1863, act of March 3, 1863; 1220 for $5,000, Five-twenties of 1865, act of March 3,
1805 ; 1920 for $10,000, Funded Loan of 1881, acts of July
14, 1870, and January 20, 1871,
Duplicates, how obtained.
Duplicates, how obtained.
In case a lost certificate of registered stock cannot be recovered, the payee should furnish the Secretary of the Treasury with an affidavit, duly authenticated, showing the number and amount of the certificate; the official title of the loan; the date of the authorizing act; the name and address of the registered payee; the name of the assignor and assignee; the time and place of purchase; of whom purchased; the consideration paid; and the material facts and circumstances attending the loss.
On receipt of this affidavit, with such additional evidence as the payee may be able to furnish, the case will be referred to the proper officer for his decision.
As soon as a favorable conclusion is reached, a bond of indemnity in double the amount of the lost certificate will be prepared and forwarded for execution; and upon its return, executed in conformity to instructions, the duplicate will be issued.
In all cases, and especially where there are conflicting claimants, proofs should be made as full and clear as possilile, that the title be so proved as to leave no doubt of the good faith of the holder or claimant.
The following form of affidavit may be used:
Form of affidavit. Personally appeared before me, a notary public in and Form of affidavit. for the county of Cook, and State of Illinois, the subscriber, John Doe, who, being duly sworn according to law, deposes and says: That he was the lawful owner of one certificate of registered stock of the United States, numbered two hunclred and three, (203,) for ten thousand (10,000) dollars, Consols of 1868, act of March 3, 1865, registered at the Treasury of the United States in the name of Richard Roe, now residing at number two hundred and nine (209) South Clark street, in the city of Chicago, and State of Illinois; that the said certificate was indorsed to me by the said Richard Roe, all the blanks thereon being properly filled out, and the transfer witnessed by John Smith, United States district attorney for the northern district of Illinois; that said stock was purchased at Chicago, Illinois, on or about the 15th day of July, A. D. 1872, of the said Richard Roe; that the consideration paid therefor was eleven thousand two hundred (11,200) dollars, lawful money of the United States; that the said certificate was stolen from the vault of the Ninth National Bank of the City of Chicago, on the night of the 20th of July, A. D. 1872, by some person or persons unknown to me; and that due diligence has been exercised in endeavoring to recover the same, without
Sworn and subscribed before me this 1st day of August, A. D. 1872.
JOHN JONES. [Notarial seal.]
Destroyed or mutilated bonds, whether registered or coupon. Parties presenting claims on account of coupon or regis- Destroyed or mutered bonds, which have been destroyed in whole or in whether regispart, must furnish the same evidence as in the case of lost tered or coupon
bonds, and, in addition, must state whether the bonds were coupon or registered.
Duplicates of bonds which are mutilated, defaced, or indorsed, so as to be unsaleable, may be obtained under another law hereinafter set forth without giving a bond of indemnity. (See page 68.)
COUPON BONDS, HOW TRANSFERRED.
These bonds, with the semi-annual or quarter-annual coupons attached, are payable to bearer, and the legal title thereto passes by delivery, like bank bills and legal-tender notes. The Government pays them to the bearer who holds them in good faith, without investigating how previous holders acquired their title.
The Supreme Court of the United States has recognized and settled the following principles as applicable to coupon bonds :
Decisions of the
courts as to transfer of bonds before maturity.
"The possession of such paper carries the title with it to the holder. "The possession and title are one and inseparable.' The party who takes it before due for a valuable consideration, without knowledge of any defect of title, and in good faith, holds it by a title valid against all the world. Suspicion of defect of title, or the knowledge of circumstances which would excite such suspicion in the mind of a prudent man, or gross negligence on the part of the taker at the time of the transfer, will not defeat his title. That result can be produced only by bad faith on his part. The burden of proof lies on the person who assails the right claimed by the party in possession. Such is the settled law of this court, and we feel no disposition to depart from it." (Murray v. Lardner, 2 Wallace, 110; Thomson v. Lee County, 3 Wallace, 327; Texas v. White, 7 Wallace, 735.)
These rules were fully discussed in Murray v. Lardner, plicable to bonds (cited above.) We held in that case that the purchaser of
coupon bonds before due, without notice and in good faith, is unaffected by want of title in the seller, and that the burden of proof, in respect to notice and want of good faith, is on the claimant of the bonds as against the purchaser. We are entirely satisfied with this doctrine.” “But these rules have never been applied to matured obligations.
Different rule ap