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The Pamphlet Collection of Sir Robert Stout: Volume 20

Regulations as to Payments on Death

Regulations as to Payments on Death.

Notice of death to be given.

45. On the death of any person upon the contingency of whose life any contract may be dependent under the said Acts or either of them, notice in writing of such death shall immediately be given to the said Commissioner.?
page 17
46. In every case where the age of any person upon the

Proof of age.

contingency of whose life any contract shall be dependent has not been admitted by the said Commissioner, the age may be proved by furnishing to the said Commissioner either—
a.An examined official or certified copy or extract from the register or other official record of the birth.
b.A declaration, affirmation, or affidavit by some person other than the Assured, stating that no register or other official record of the birth is to be found, and stating with particularity the belief of the person declaring, affirming, or swearing as to the age of the Insured and the grounds of such belief. Such declaration, affirmation, or affidavit must be made in such form and manner that the person making it would, under the law of the place where it is made (if there be any such law) be criminally responsible if any statement therein be false to his or her knowledge.
47. Death may be proved by production of any of the following

Proof of death.

evidence:—
a.A certificate under the hand of the medical attendant (if any) of the deceased during his or her last illness, stating the date, and place, and cause of death.
b.An examined official or certified copy or extract from the register or other official record of the death or burial.
c.A declaration, affirmation, or affidavit staling the time and place and circumstances of the death, and that no official record of the death or burial is to be found; such declaration, affirmation, or affidavit to be made in the manner herein prescribed with regard to declarations as to age.
48. The identity of the deceased, and the person upon the

Proof of identity.

contingency of whose life the contract is dependent, shall be proved by declaration, affirmation, or affidavit made in the manner herein prescribed with regard to declarations as to age, and stating the knowledge or belief of the person making the same as to the identity of the deceased, and giving with particularity the grounds of such knowledge or belief.

N.B.—As the difficulty of proving the age increases with time, holders of contracts are advised to send in proofs of the age of the person or persons upon the contingency of whose life or lives the contract is dependent to the said Commissioner, either before or as soon as possible after the contract is effected.

When proofs have to be obtained in Great Britain, the said

On payment of a deposit, Commissioner

Commissioner will make inquiries through the Government page 18

will aid ill obtaining proofs.

Agent in London, but a sum of £5 must be deposited with the said Commissioner towards covering the expenses of searches and certificates. The balance (if any) of this sum, after deducting such expenses, and a fee of 5s., will be returned to the depositor, who will be held liable for any excess of cost.

Commissioner may discontinue or refuse to make inquiries.

The Commissioner reserves the right of refusing to make inquiries, and to discontinue inquiries commenced, at his uncontrolled discretion.

Probate and letters of administration dispensed with in certain cases.

49. Probate and letters of administration shall be dispensed with in the following cases:—
a.Where the death has happened beyond the limits of the Colony, and probate or letters of administration or some equivalent thereto, has been granted by some Court or person of competent authority out of the Colony, and an exemplification or other formal proof thereof is produced.
b.Where the money payable by the said Commissioner is received by a Curator of Intestate Estates in New Zealand duly authorized by law to receive the same.
c.Where the whole legal right to the moneys secured has been assigned to some person still living, in ac-cordance with the provisions of the said Acts, or of any Regulations for the time being relating to such transfers.

Evidence of the right of any person to receive payment of a claim must be produced.

50. All powers of attorney, probates, letters of administration, exemplifications, or other formal proofs, orders of Courts and other instruments, evidencing the right of any person to receive any money under any contract of the said Commissioner, shall be produced to the said Commissioner, or to such person as he shall in each case appoint.

Contract to be given up when claim paid.

51. The contract shall be given up when the money payable thereunder by the said Commissioner is paid.

Commissioner may accept other proofs.

52. The said Commissioner may accept proofs of age and identity or death other than as aforesaid, which shall to him appear substantially sufficient for any of the said purposes.

Proofs made at the expense of person tendering

53. All proofs shall be made at the expense of the person; tendering the same.

Payment of claim.

54. Immediately after due proof of death shall have been supplied, and the Regulations in other respects complied with, the moneys payable under the contract shall be paid by the said Commissioner.