151

If a person shall not have appeared either in person or through an attorney in fact at his place of domicil or habitual residence after five years have elapsed from the time of his departure, or if no news concerning him has been received in the same period of time, his presumptive heirs may, by producing proof of the fact, solicit and obtain from the Court of First Instance an order placing them in provisional possession of the estate belonging to the absentee at the time of his departure or the last news received of him, on condition that they give sufficient security for their administration. History —Civil Code, 1930, § 43.