Sept. 30.] THE NEW ZEALAND GAZETTE. 1243

fications in form as may be necessary by reason of the dissolution of the Government Insurance Association and the re-enactment of “The Government Insurance and Annuities Act, 1874,” be the forms of policy and contract to be used by the Commissioner under the said Acts and these rules and regulations.

Policy not in force until Payment of Premium.

18. No policy made under the provisions of the said Acts is to be in force as against the Commissioner until the first premium payable thereunder by or on behalf of the assured shall have been actually paid.

Conditions of Policies to be indorsed.

19. Life-insurance and endowment-insurance policies shall be subject to the following conditions, which shall be indorsed on all such policies issued by the Commissioner:—

Conditions.

(a.) Policies shall become void if the statements of the proposer, as set forth in the proposal, or of the person or persons examined by a Medical Examiner, as set forth in the medical examination, or any of such statements respectively, be knowingly untrue; or if any other paper or statement furnished by the proposer, on the faith of which the policy may have been issued, shall at any time be found to contain any wilfully untrue statement; or if there shall at any time be or have been on the part of the proposer any fraudulent concealment from the Commissioner of any important particular.

(b.) Policies shall become void if payment of the annual or other premium be not made within the days of grace, namely, thirty days from the date stipulated in the policy; but such policies may be revived at any period not exceeding twelve calendar months after the expiry of the said days of grace, on satisfactory proof being given of the unimpaired health of the person whose life is insured, and on payment of the premiums then in arrear, together with a fine not exceeding one-half per centum on the sum assured.

(c.) Provided that no policy which shall have acquired a surrender value, and which is unencumbered by loan advanced by the Commissioner, shall be absolutely forfeited by reason of such non-payment of premium so long as the premiums and interest in arrear are not in excess of the surrender value for the time being: Provided, further, (with respect to policies on which the premiums are payable yearly or half-yearly) that no such policy shall be absolutely forfeited so long as the surrender value for the time being shall suffice to meet at least one quarter of such yearly or one-half of such half-yearly premium; and any such policy may also be revived at any time not exceeding twelve calendar months after the date of forfeiture as above determined, on satisfactory proof being given of the unimpaired health of the person whose life is insured, and on payment of the premiums in arrear and interest thereon as at the due date of each premium accumulated at the rate of not less than seven pounds per centum per annum.

(d.) Provided also that any policy encumbered by a loan advanced by the Commissioner which shall have become forfeited in terms of the third covenant of the Sixth Schedule of “The Life Assurance Policies Act, 1884,” may be revived at any time not exceeding twelve calendar months after such forfeiture on satisfactory proof being given of the unimpaired health of the person whose life is insured, and on such terms as the Commissioner may from time to time determine: Provided that the total amount due to the Commissioner allowed to remain a charge on the policy shall not exceed the then surrender value.

(e.) Provided also that no policy which shall have acquired a surrender value shall be wholly forfeited by such non-payment of premium if the person entitled to the benefit of the policy shall, within three months after such non-payment, make application for a paid-up policy; and upon such application the Commissioner shall, with the concurrence of the Actuary, issue a paid-up policy equivalent to the surrender value of the original policy at the date of such non-payment of premium after deduction of any amounts due to the Commissioner on the said policy: Provided also that, if the surrender value after such deduction is not equivalent to a paid-up policy of at least twenty pounds, no such paid-up policy shall be issued: And provided that such paid-up policy shall be subject to all the terms, conditions, and liabilities of the original policy.

(f.) The sum assured under any policy will be paid in case of the death of the person whose life is insured during either the thirty days of grace mentioned in section (b) of these conditions, or, in the case of policies which have acquired a surrender value, while the surrender value for the time being is in excess of all charges on the policy of whatever nature, notwithstanding the non-payment of premium or premiums due; but the amount of premiums remaining unpaid, with a fine or interest as aforesaid, shall be deducted from the sum assured before payment.

(g.) Policies shall become void if the person whose life is insured shall die by suicide, whether sane or insane, within twelve months from the date of the policy.

(h.) Policies (provided the age of the person whose life is insured shall have been admitted by the Commissioner) shall be exempt from forfeiture in all cases except fraud or fraudulent misrepresentation of facts, and non-payment of premium.

(i.) On claims being made, reasonable proof of the time of birth shall be required, unless age shall already have been admitted by the Commissioner.

(j.) On the death of the person whose life is insured, notice in writing of such death shall be immediately given to the Commissioner.

(k.) Payment of the sum assured shall not be due until the expiration of one calendar month after the time when the proofs of identity and death of the person whose life is insured shall have been supplied to the satisfaction of the Commissioner, and until the policy, duly discharged, shall have been delivered to the Commissioner or to a duly-appointed officer; but it shall be competent for the Commissioner, if he think fit, to pay the said sum at any time after such proofs shall have been supplied to him.

Commissioner may insert other Conditions of Policies.

20. In addition to the terms and conditions upon the performance or happening of which any policy issued under the said Acts or under these rules and regulations is to become void or is to be subject to, the Commissioner may, with the concurrence of the Actuary, at the time of issuing any policy granted under the said Acts, cause to be inserted in or indorsed thereon any other terms and condition or conditions he may think fit upon the happening or performance of which the said policy is to become void or is to be subject to; and any such policy shall be deemed subject to such terms and conditions so inserted or indorsed.

Terms on which Contracts may be varied.

21. The terms and conditions on which contracts entered into under the said Acts or the Acts thereby repealed or altered may be varied, either by way of exchange or otherwise, shall be such as the Commissioner, with the concurrence of the Actuary, may from time to time think fit.

Annuity Instalment.

22. In every case before payment of any instalment of an annuity, the annuitant shall furnish such proofs of identity and survival as the Commissioner shall require.

Deferred Annuity or Endowment Claim.

23. Before any moneys payable in respect of any deferred annuity or endowment will be paid under any policy in that behalf, the Commissioner may require satisfactory evidence of the age, identity, and survival of the person on whose life the policy shall have been effected.

Proof of Age.

24. In every case where the age of the person whose life is insured has not been admitted by the Commissioner, the age may be proved by furnishing to the Commissioner either—

(a.) An examined official or certified copy or extract from the register or other official record of the birth; or

(b.) A declaration, affirmation, or affidavit stating that no register or other official record of the birth is to be found; and a declaration, affirmation, or affidavit, by some person other than the insured, stating with particularity the belief of the person declaring, affirming, or swearing as to the age of the person whose life is insured, and the grounds of such belief. Such declarations, affirmations, or affidavits must be made in such form and manner that the persons making them would, under the law of the place where they are made (if there be any such law), be criminally responsible if any statement therein be false to their knowledge.

Proof of Death.

25. Death may be proved by the production of the following 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; and

(b.) An examined official or certified copy or extract from the register or other official record of the death or burial; or

(c.) A declaration, affirmation, or affidavit stating the time, 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 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 knowledge.