Where written notice of the death, accompanied by a medical certificate of the cause of death, is sent to the registrar, information must nevertheless be given and the register signed within fourteen days after the death by the person giving the notice or some other person as required by the act. Failure to give information of death, or to comply with the registrar's requisitions, entails a penalty not exceeding forty shillings, and making false statements or certificates, or forging or falsifying them, is punishable either summarily within six months, or on indictment within three years of the offence. Before burial takes place the clergyman or other person conducting the funeral or religious service must have the registrar's certificate that the death of the deceased person has been duly registered, or else a coroner's order or warrant. Failing the certificate, the clergyman cannot refuse to bury, but he must forthwith give notice in writing to the registrar. Failure to do so within seven days involves a penalty not exceeding ten pounds. Children must not be registered as still-born without a medical certificate or a signed declaration from some one who would have been required, if the child had been born alive, to give information concerning the birth, that the child was still-born and that no medical man was present at the birth, or a coroner's order. The registration of deaths at sea is regulated by the act of 1874 together with the Merchant Shipping Act 1894. See further BIRTH and BURIAL AND BURIAL ACTS. Registers of death are, in law, evidence of the fact of death, and the entry, or a certified copy of it, will be sufficient evidence without a certificate of burial, although it is desirable that it should also be produced.
_Presumption of Death._--The fact of death may, in English law, be proved not only by direct but by presumptive evidence. When a person disappears, so that no direct proof of his whereabouts or death is obtainable, death may be presumed at the expiration of seven years from the period when the person was last heard of. It is always, however, a matter of fact for the jury, and the onus of proving the death lies on the party who asserts it. In Scotland, by the Presumption of Life (Scotland) Act 1891, the presumption is statutory. In those cases where people disappear under circumstances which create a strong probability of death, the court may, for the purpose of probate or administration, presume the death before the lapse of seven years. The question of survivorship, where two or more persons are shown to have perished by the same catastrophe, as in cases of shipwreck, has been much discussed. It was at one time thought that there might be a presumption of survivorship in favour of the younger as against the older, of the male as against the female, &c. But it is now clear that there is no such presumption (_In re Alston_, 1892, P. 142). This is also the rule in most states of the American Union. The doctrine of survivorship originated in the Roman Law, which had recourse to certain artificial presumptions, where the particular circumstances connected with deaths were unknown. Some of the systems founded on the civil law, as the French code, have adopted certain rules of survivorship.