Section 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.