Page:United States Statutes at Large Volume 77.djvu/601

 77 STAT. ]

PUBLIC LAW 88-241-DEC. 23, 1963

for restoration of possession of the property to the person who made the payment shall provide for setting off the sum that the plaintiff has made, or that he might, without fraud, deceit, or willful neglect, have made, of the property, during his possession, against the rent accruing after the judgment was rendered, and for reimbursement to the applicant of the balance, if any, of the sum paid into court by him, after making the set-off prescribed by this subsection. (d) At any time before the trial of an action pursuant to this section, the defendant may pay or tender to the plaintiff, or pay into court, the amount of all the rent then in arrear, and costs of suit. Thereupon, the action shall be dismissed. Subchapter II—Proceedings To Discover the Death of a Tenant for Life §16-1151. Petition by person entitled to claim; form and contents (a) A person entitled to claim real property, after the death of another person who has a prior estate therein^ may, not oftener than once a year, petition the court for an order directing the production of the tenant for life, as prescribed by this subchapter, by a person, named in the petition, against whom a civil action in ejectment to recover the real property can be maintained if the tenant for life is dead, or, if there is no such person, by the guardian, trustee, or other person who has, or is entitled to, the custody of the person of the tenant for life, or the care of his estate. (b) A petition prescribed by subsection (a) of this section shall be verified by the affidavit of the petitioner, and shall contain an averment that the petitioner has cause to believe that the person, upon whose life the prior estate depends, is dead, and that his or her death is being concealed by the person named in the petition. § 16-1152. Order to produce life tenant; service of order Upon the presentation of the petition and affidavit prescribed by section 16-1161, the court shall issue an order to the person named in the petition to produce and show to the persons named in the order by the petitioner, not exceeding two in number, at such time and place as the court directs, the person upon whose life the prior estate depends. A certified copy of the order shall be served upon the person required to produce the tenant for life in the manner provided by applicable rules of court. § 16-1153. Failure to produce as ordered; subsequent proceedings; commissioners; presumption of death; right of possession (a) If a person upon whom an order, as prescribed by section 16-1152, is served, refuses or neglects to produce the pjerson upon whose life the prior estate depends in the manner provided by the order, the court shall order him to produce the person in coiut or before commissioners appointed by the court, at such time and place as the court directs. Two of the commissioners shall be nominated by the petitioner, and they shall serve at his expense. A certified copy of the order shall be served upon the person required to produce the tenant for life in the maimer provided by applicable rules of court. The commissioners appointed shall make and file with the court a return showing the results of their investigation and their conclusions. (b) If the person upon whom the second order prescribed by subsection (a) of this section is served refuses or neglects to produce, in court, or before the commissioners, as the case may be, the person

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