Chap. 117.—An ACT to amend and re-enact section 5363 of the Code of Virginia,
as heretofore amended, relating to proceedings concerning presumption of
death of persons absent for seven years or more and to distribution of estates
of such persons. [S B 172]

Approved March 14, 1934

1. Be it enacted by the General Assembly of Virginia, That sec-
tion fifty-three hundred and sixty-three of the Code of Virginia, as
heretofore amended, be amended and re-enacted so as to read as fol-
lows:

Section 5363. At the hearing which shall be either in term or va-
cation, the court or judge shall hear such legal evidence as may then
be offered for the purpose of ascertaining whether or not the pre-
sumption of death is made out and if satisfied that the legal pre-
sumption of death is made out, the court or judge shall so order; and
if the evidence show the length of absence of supposed decedent to
be more than seven years, but less than twenty years, the court or
judge shall forthwith cause notice of said order to be inserted once
a week for two successive weeks in a newspaper published in the
county or city and also, when practicable, in a newspaper published at
or near the place where the supposed decedent had his residence when
last heard from. Such notice shall require the supposed decedent, if
alive, or any person for him to produce to the court, or the judge
thereof in vacation, within twelve weeks from the date of its last
insertion, satisfactory evidence of his continuance in life. If there be
not in the county or city a newspaper in which the publication re-
quired by this and the preceding section may be had, the same may
be published in such newspaper having general circulation therein
as the court or judge shall order.