§ 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 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.