PART II PROCEEDINGS FOR DECLARATION OF DEATH

3. Proceedings for a declaration of death under section 14 of the Law shall be commenced by originating summons.

4.-(1) The Court or Judge may direct such persons to be served with the summons, and such public advertisements to be made, as they or he may think fit.

(2) If the person who has disappeared or is missing was insured with any insurance company, the summons shall also be served on the duly authorized representative in the Colony of such insurance company.

5. The application shall be supported by evidence on affidavit, as required by rules 6 and 7 of these Rules, and by such other evidence as the Court or Judge may require.

6. In the case of an application under sub-section (4) of section 14 of the Law:-

(1) the affidavit or affidavits in support shall state-

(a) that the missing person was on board when the ship or aircraft sailed or left her last port. The latest letter, if any, written on board by such person shall be annexed to the affidavit;

(b) the date and place when and where the ship or aircraft was last seen;

(c) the non-arrival of the ship or aircraft within reasonable time, at the port for which she was bound;

(d) the absence of tidings of the ship or aircraft from the date when she was last seen;

(e) whether the ship or aircraft and cargo were insured or uninsured, and, if insured, whether the underwriters have paid on the policies as for a total loss. A certificate, if any, granted under the provisions of the Merchant Shipping Act, 1894, sections 255, 256, 257, 695 shall be annexed to the affidavit;

(f) whether the missing person was insured in any office; if so, giving the name of the insurance office;

(g) whether the missing person was testate or intestate, and stating who are the persons, if any, entitled to a share of his estate in the event of an intestacy; if such person was testate, the will or an office copy thereof shall be annexed to the affidavit; and

(h) the value and particulars of the estate of the missing person.

(2) Such application shall also be supported by an affidavit of the owner, managing owner, or agent, of the ship or aircraft, deposing to all the material facts bearing on the case within his knowledge, as well as by that of the applicant.

7. In the case of an application other than an application under sub-section (4) of section 14 of the Law:-

(1) The application shall be supported by an affidavit, sworn by the applicant, stating-

(a) when the person who has disappeared or is missing was last heard of;

(b) the belief of the applicant that the missing person is now dead;

(c) whether any advertisements for the missing person have been inserted in any newspaper; if so, with what success; if inserted, the newspapers shall be annexed to the affidavit;

(d) whether any letters have been received from the missing person; if so, they shall be annexed to the affidavit;

(e) whether the missing person was insured in any office; if so, giving the name of the insurance office;

(f) whether the missing person was testate or intestate, and stating who are the persons, if any, entitled to a share of his estate in the event of an intestacy ; if such person was testate, the will or an office copy thereof shall be annexed to the affidavit; and

(g) the value and particulars of the estate of the missing person;

(2) The applicant’s affidavit shall be corroborated in some material points by an affidavit by a member of the family of the deceased, and, if possible, by a friend of the deceased or of his family, who is not interested in the estate.