§ 1124. Execution thereof. The commissioner or commissioners possess
the same powers, and must proceed in the same manner, as a referee,
appointed by an order requiring the production of the tenant for life,
or proof of his existence; except that they cannot proceed unless a
person is produced before them, as being the person whose death is in
question. The return to the commission must expressly state whether any
person was or was not so produced. The testimony respecting the identity
of a person so produced must be taken, unless otherwise specially
directed by the court, as prescribed by law, for taking the deposition
of a witness upon oral interrogatories except that it is not necessary
to give any other notice of the time and place of examination than that
prescribed in section 1123.
Structure New York Laws
RPA - Real Property Actions and Proceedings
Article 11 - Proceeding to Discover the Death of a Tenant for Life
1101 - Petition for Production of Tenant for Life.
1103 - Service of Petition and Notice.
1104 - Proceedings Upon Presentation of Petition.
1105 - Service of Order; Powers of Court or Referee.
1111 - Dismissal of Petition When Order Complied With.
1112 - When Life Tenant Deemed Dead and Petitioner Let Into Possession.
1121 - Commission to Be Issued if Life Tenant Is Without the State.
1122 - General Provisions Respecting the Commission.
1123 - Petitioner to Give Notice of Its Execution.
1124 - Execution Thereof.
1125 - Proceedings on Return of Commission.
1141 - Property; When Restored.