Page:United States Statutes at Large Volume 77.djvu/602

 570

PUBLIC LAW 88-241-DEC. 23, 1963

[77 STAT.

upon whose life the prior estate depends, it shall be presumed that the latter person is dead, and the court shall issue an order permitting the petitioner to take possession of the property, as if that person were actually dead. §16-1154. Investigation outside the District; report to court; presumption of death; right to possession If before, or at the time of, the presentation of the commissioners' return provided for by section 16-1153, or, where commissioners are not appointed, at any time before a final order is made, the party upon whom the first or second order is served presents to the court presumptive proof, by affidavit, that the person, whose death was in question, is, or lately was, at a place certain, without the District of Columbia, the petitioner, at his own expense, may send one or both of the persons named in the first order to view him. If the person concealing or suspected of concealing the person upon whose life the prior estate depends, or the fact of his death, refuses or neglects to produce him or to procure him to be produced to the personal view of the persons sent for that purpose, the persons sent to view him shall make a true return of the refusal or neglect to the court, and the return shall be filed in the court. Thereupon, it shall be pi-esumed that the tenant for life is dead, and the court shall issue an order permitting the petitioner to take possession of the real property, as if that person were actually dead. § 16-1155. Restoration of property to life tenant The possession of real property that has been awarded to a petitioner pursuant to this subchapter, upon the presumption of the death of the person upon whose life the prior estate depends, shall be restored, by an order of the court, to the person evicted, or to his heirs, or legal representatives, upon the petition of the latter, and proof, to the satisfaction of the court, that the person presumed to be dead is living. The proceedings upon such a petition are the same as those prescribed by this subchapter to be followed upon the petition of the person to whom possession is awarded. § 16-1156. Recovery of profits by person evicted A person evicted, as prescribed by this subchapter, may, when the presumption upon which he is evicted is erroneous, maintain a civil action against the person who has occupied the property, or his executor or administrator, to recover the full profits of the property during the occupation, while the person, upon whose life the prior estate depends, is or was living. § 16-1157. Preservation of life tenants' rights if living at time of return When a guardian, trustee, or other person holding an estate or interest determinable upon the life of another person, shows by affidavit or otherwise, to the satisfaction of the court, that: (1) he has used his utmost efforts to procure the tenant for life to appear in the court or elsewhere, according to the order of the court; (2) he can not procure or compel him so to appear; and (3) the tenant for life is or was living at the time of the return made and filed, as prescribed by this subchapter— he may continue in the possession oi the estate, and receive the rents and profits for and during the infancy of the infant, or for and during the life of au}^ other person on whose life the estate or interest depends.

�