§ 1104. Proceedings upon presentation of petition. Upon the
presentation of the petition and affidavit, with due proof, by
affidavit, of service of a copy thereof, and of the notice, if
sufficient cause to the contrary is not shown by the adverse party, the
court must either issue a commission, as prescribed in the following
sections of this article or make an order, directing the adverse party,
at a time and place therein specified, before the court, or a referee
therein designated, to produce the person upon whose life the prior
estate depends, or, in default thereof, to prove that he is living.