Numb. 26.

225

HONI SOIT QUI MAL Y PENSE
DIEU ET MON DROIT

THE
NEW ZEALAND GAZETTE.

Published by Authority.

WELLINGTON, THURSDAY, MAY 26, 1870.

G. F. BOWEN, Governor.

ORDER IN COUNCIL.

At Auckland, this fourth day of May, 1870.

Present :
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Government Annuities Act,
1869," it is enacted that it shall be lawful for
the Governor in Council from time to time to make,
alter, amend, and revoke regulations for prescribing
the mode of proving the age and identity, and the
existence or death, of persons, and the mode of pay-
ing sums of money payable in respect of Annuities
and Payments on Death, and other payments under
the said Act, and for dispensing with the production
of probate of a will, or letters of administration,
either generally or in any particular class of cases :

Now therefore, I, Sir George Ferguson Bowen,
the Governor of New Zealand, in exercise of the
power vested in me by the said Act, and by and with
the advice and consent of the Executive Council
of the Colony, do hereby make the following Regu-
lations for the purposes herein appearing :--

Payments on Death.

1. On the death of any person whose life is
   insured under the said Act, notice in writing of such
   death shall immediately be given to the Government
   Annuities' Commissioner, hereinafter called the
   Commissioner.

2. In every case where the age of the insured has
   not been admitted on the policy, the age shall be
   proved, either before or after the death, by fur-
   nishing to the Commissioner-

(a.) An extract from the register or other
official record of the birth, verified by the
seal or signature of the officer having the
custody of such register, whose official cha-
racter and signature or seal shall (in the case
of registers kept out of New Zealand) be
verified by the certificate of some Notary
or British Consul, or, if there be none, then
by some principal officer of the Government
of the State or Colony where the register
is kept; or

(b.) A declaration, affirmation, or affidavit,
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 affi-
davit 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. If it be made out of New Zea-
land, the officer before whom it is made shall
certify shortly thereon what is the law of the
place in relation thereto.

3. The death shall be proved by production of the
   following evidence :--

(c.) A certificate under the hand of the medical
attendant of the deceased during the last
illness (if any), stating the date, and place,
and cause of death.

(d.) An extract from the register or other
official record, of the death or burial, verified
in the manner herein prescribed with regard
to extracts from the register of birth; or,
in the absence of such extract

(e.) A declaration, affirmation, or affidavit,
stating the time, and place, and circumstances
of the death, and that no official record of the
death or burial is to be found, and made
in the manner herein prescribed with regard
to declarations as to age.

4. The identity of the deceased and the insured 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 the person insured
   by the policy, and the number and amount of the
   policy, and giving, with particularity, the grounds of
   such knowledge or belief.