New York Execution Thereof.
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§ 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.