§ 1101. Petition for production of tenant for life. A person entitled to claim real property after the death of another who has a prior estate therein may, not oftener than once in each calendar year, apply by petition to the supreme court, at a special term thereof, held within the judicial district wherein the […]
§ 1122. General provisions respecting the commission. It is not necessary, unless the court specially so directs, that the witnesses to be examined should be named in the commission, or that interrogatories should be annexed thereto. The commission must be executed and returned, and the deposition taken must be filed and used, as prescribed by […]
§ 1123. Petitioner to give notice of its execution. The petitioner must give to the adverse party, or his attorney, written notice of the time when, and the place where, the commissioner or commissioners will attend, for the purpose of executing the commission, as follows: a. If the place, where the commission is to be […]
§ 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 […]
§ 1125. Proceedings on return of commission. Upon the return of the commission, the proceedings are the same as upon the report of a referee, as prescribed in sections 1111 and 1112; but the court may, in its discretion, receive additional proofs from either party.
§ 1131. Costs. Where costs of a special proceeding taken as prescribed in this article are awarded, they must be fixed by the court at a gross sum, not exceeding fifty dollars, in addition to disbursements. Where provision is not specially made in this article for the award of costs, they may be denied, or […]
§ 1141. Property; when restored. The possession of real property, which has been awarded to the petitioner as prescribed in this article, upon the presumption of the death of the person upon whose life the prior estate depends, must be restored, by the order of the court, to the person evicted, or to his heirs […]
§ 1142. Remedy of person evicted for rents and profits. A person evicted as prescribed in this article may, if the presumption upon which he is evicted is erroneous, maintain an action against the person who has occupied the property, or his executor or administrator, to recover the rents and profits of the property, during […]
§ 1143. Order not conclusive in ejectment. A final order made as prescribed in this article, awarding to the petitioner the possession of real property is presumptive evidence only, in an action of ejectment brought against him by the person evicted, or in an action brought as prescribed in section 1142, of the life or […]
