Section 1123. Petitioner to give notice of its execution  


Latest version.
  • 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 executed, is within the
      United States, or the dominion of Canada, he  must  give  at  least  two
      months' notice;
        b.  If  it  is  within  any of the West India islande, he must give at
      least three months' notice;
        c. In every other case, he must give at least four months' notice.
        Notice may be given, as required by this section,  by  serving  it  as
      prescribed by law for the service of a paper upon an attorney in a civil
      action in the supreme court.