§ 1105. Service of order; powers of court or referee. Where an order
requiring the production of the tenant for life, or proof that he is
living, is made as prescribed in section 1104, a certified copy thereof
must be served, at least fourteen days before the time therein
specified, upon the person required to make the production or proof, or
upon his attorney. Upon presentation of proof of service, by affidavit,
the court or the referee must, at the time and place specified in the
order, or at the time and place to which the hearing may be adjourned,
hear the allegations and proofs of the parties, respecting the identity
of any person produced, with the person whose death is in question or,
if the latter person is not produced, respecting the reasons for the
failure to produce him, and whether he is living. Where a referee is
appointed, he has the same powers, and is entitled to the same
compensation, as a referee appointed for the trial of an issue in a
civil action in a court of record.