iiiifl i^ i^Mih. i^ik UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY COWDERY'S FOEM BOOK LEGAL AND COMMERCIAL ADAPTED TO USE IN ALASKA, ARIZONA, CALIFORNIA, COLORADO, HAWAII. IDAHO, KANSAS, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, OREGON, SOUTH DAKOTA, UTAH, WASHINGTON AND WYOMING BY JABEZ F. COWDEEY NEW EDITION BY CURTIS HILLYER Of the San Francisco Bar SAN FRANCISCO BANCROFT-WHITNEY COMPANY 1918 T WIS ' Copy right, 1905, BY BANCROFT-WHITNEY COMPANY Copyright, 1918, BY BANCROFT-WHITNEY COMPANY San FraScisco The Filmer Brothers Electrotype Company Typographers and Stereotypees PREFACE. There are two uses for a Book of Forms : the first is to furnish models to be copied or adapted, and the second is to furnish hints and suggestions. Both of these objects have been kept in mind in the preparation of this book. It is hoped that it will be found to contain all of the forms usually required for ordinary business purposes. In addition, there are a large number of forms whose purpose is merely to furnish the practitioner with suggestions along the lines which he may be working. A great deal of the matter contained in former editions of this book has been omitted as obsolete or unnecessary. Many new forms appear here for the first time. With the growing importance of the state regulating commis- sions, a demand has arisen for models of forms to be used before them. The Torrens Title System, adapted from the Australian law, is rapidly coming into vogue in this country, and the system of business trusts, known as the "Massachusetts Trust," is likewise standing throughout the country. To meet these growths these forms have been included in this book. The editor desires to acknowledge his indebtedness to Mr. Walter H. Robinson, of the San Francisco Bar, for permission to use forms prepared by him for proceedings under the Torrens Act. To avoid duplication, the forms applicable to both justices' and superior courts appear in the book but once. Where forms are applicable to justices' courts only, they are so indicated. January, 1918. CURTIS HILLYER. (iii) (ololUl TABLE OF CONTENTS. FORMS Accord and Satisfaction 1~ ^ Accounts of Executors and Administrators 13- 37 Account Stated 48- 49 Acknowledgments > ^^~ -^'■ Admission to Practice 24o- L49 Adoption 250- 255 Affidavits 266- 283 Agent for Absentees 290- 297 Agreed Case ^02 Alienation of Affections 313 Answer ^-4~ ^^^ Appeal 350-374 Appearance 380 Arbitration and Award 390- 423 Arrest and Bail in Civil Actions 434- 453 Arrest and Bail in Criminal Actions 463- 488 Assignment • 499- 529 Assignments for Benefit of Creditors 540- 552 Attachment 563- 621 Bankruptcy 631- 719 Bills 730- 735 Bills of Sale 746- 751 Blue Sky Law 752- 757 Bonds and Undertakings 762- 823 Breach of Promise 824- 825 Certificates 841- 857 Certiorari • • §58- 860 Change of Name 860a Change of Place of Trial 861- 866i Citations 867- 871 Claims and Delivery 882- 908 Commitment ^1^~ ^^^ Complaints— Civil ^51- 957 Complaints— Criminal • • 982-1051 Composition ^"'^■^ Compromise -'•'^^'^ Confession of Judgment 1093-1094 Contempt 1103-1132 Continuance 1154-1156 Contracts 1177-1210 (V) vi Table op Contents. FORMS Contribution 1236 Convorsion 1247 Copyright 1258-1260 Coroners 1271-1281 Corporations 1292-1344 Costs 1358-1364 Creditor's Claims 1385-1404 Deeds 1435-1482 Default 1499-1505 Demand 1510 Demurrer 1516-1523 Depositions 1536-1549 Distribution 1560-1576 Divorce 1577-1585 Docket of Justice of the Peace 1590-1593 Ejectment 1600-1605 Eminent Domain 1616-1617 Estates not Exceeding Fifteen Hundred DoUnrs 1628-1630 Execution 1641-1679 Execution Sales 1699-1712 Executors and Administrators -. 1744-1854 Extradition 1858-1859 False Imprisonment 1862 False Eepresentations 1863-1'864 Family Allowance 1873-1876 Fictitious Names 1880-1882 Forcible Entry and Detainer 1898-1908 Foreclosure of Mechanic's Lien 1929-1932 Foreclosure of Mortgages 1953-1964 Goods Sold 19S6-1987 Guaranty I995 Guardianship 1998-2032 Habeas Corpus 2041-2045 Heirship — Proceedings to Determine 2056-2059 Homestead 2071-2096 Indictment and Information 2106-2122 Inheritance Tax 2130-2132 Injunction 2138-2146 Innkeepers 2150 Inspection of Papers 2156-2157 Insurance 2169-2175 Intervention 2185-2186 Inventory and Appraisement , 2196-2204 Judgments and Decrees 2219-2260 Justification of Sureties 2285-2295 Juvenile Court Law 2300-2313 Keeping the Peace 2350-2353 Table op Contents. vii rORMS Laborers' Claims 2364-2371 Landlord and Tenant 2377-2386 Leases 2400-2455 Libel and Slander 2480-2487 Liens 2498-2527 Lost Property 2556-2557 Malicious Prosecution 2580-2583 Mandamus 25S8-2590 Marriage 2600-2604 Massachusetts Trusts 2610-2611 Mining 2620-2645 Money had and Received 2G66-2667 Money Loaned 2680-2681 Money Paid 2691-2693 Mortgage 2700-2728 Negligence 2740-2743 New Trial 2760-2761 Notices 2780-2791 Partition 2860-2866 Partition in Probate 2870-2876 Partnership - 2880-2889 Party-walls 2900-2901 Patents 2920-2941a Payment 2960-2965 Pledge 2970-2973 Powers of Attorney 2974-2987 Probate Homesteads 2900-3002 Probate Lease 3020-3024 Probate Mortgage 3040-3043 Probate Sales 3061-3111 Promissory Notes 2130-2145 Protest 3150-3160 Quieting Title 3180-3184 Quo Warranto 3200-3201 Railroad Commission 3205-3211 Receipts 3220-3231 Registration of Titles 3240-3249c Release and Satisfaction 3250-3266 Replevin 3280-3281 Restoration of Title 3292-3299a Restoration of Records 3290-3291 Restoration to Oapaeity 3300-3301 Search-warrant 3330-3334 Services Rendered 3340-3342 Sheriffs 3350-3354 Sole Traders 3370-3374 Stipulations 3375-3381 viii Table op Contents. FORMS Stockholder'8 Liability 3400 Subpoena 3430-3452 Substitution of Parties 3500-3503 Summons 3535-3584 Supplemental Pleadings 2600 Supplementary Proceedings 3610-3617 Termination of Life Estate 3630-3631 Trademark 3640-3644 Trespass 3670-3672 Trustees 3690 Unlawful Detainer 3710-3714 Venire 3780-3783 Verdict 3800-3812 Verification 3830—3835 Warrant 3850-3852 Wills ..2887-3927 Wills— Probate and Contest of 2950-2988 Writs 4000-4004 COWDERY'S FORM BOOK, 1918, LEGAL AND COMMERCIAL. ABANDONMENT. Abandonment of Homestead, No. 2077. ABSTRACT. Abstract of Judginent, and Certificate — Justice's Court, No. 2256. ACCORD AND SATISFACTION^ 1. Answer — Setting up accord and satisfaction by note. 2. Answer — Setting up accord and satisfaction by deed. No. 1. Answer — Setting Up Accord and Satisfaction by Notft, [Title of Court and Cause.] The defendant answers to the complaint: 1. That on the eighth day of April, 1917, at P., he delivered to the plaintilf the promissoiy note of B. C, for one hundred dollars. 2. That the plaintiff accepted the same in full satisfaction and dis- charge of the claim [or demand] set up in the complaint. Wherefore defendant prays judgment for his costs. [Signature.] No. 2. Answer — Setting Up Accord and Satisfaction by Deed. [Title of Court and Cause.] The defendant answers to the complaint: 1. That he admits that on the twelfth day of April, 1917, he was indebted to the plaintiffs, as alleged in the complaint. 2. That afterward, on the nineteenth day of April, 1917, at P., the plaintiffs, by their deed under seal, agTced with the defendant that they would accept one hundred and fifty dollars, then and there paid them by the defendant, and bj' the plaintiffs then and there accepted and received, in full satisfaction of said indebtedness; and divers other Form Book — I Q\ Form 13 Cowdery's Form Book. 2 creditors of the defendant then and there also, by the same deed, agreed to accept, and did accept, the sum concurrently with the said plaintiffs, in full satisfaction of the several debts of defendant of such creditors respectively, and covenanted with the defendant not to sue the de- fendant for such respective debts; a copy of which deed is hereto annexed as a part hereof. [Insert copy.] Wherefore, etc. [Signature.] ACCOUNT. Account of Agent for Absent Person Made One Year After His Appointment, No. 291. Account of Sale of Eeal Estate by Auctioneer — Return Schedule "D," No. 3097. Account of Trustee in Bankruptcy, No. 687. ACCOUNTS OF EXECUTORS AND ADMINISTRATORS. 13. Petition for order requiring administrator to render exhibit. 14. Order for citation to administrator requiring him to render exhibit. 15. Executor's or administrator's first account. 16. Affidavit to account. 17. Report of executor accompanying annual account. 18. Report of administratrix accompanying account. 19. Account and report of administration — Another form. 20. Order of clerk fixing time and place for hearing application to settle first and final account and petition for final distribution. 21. Notice of settlement of administratrix's account. 22. Order directing notice of settlement of account to be given. 23. Order directing further notice upon settlement of account. 24. Objections to account. 25. Order appointing referee to settle account. 26. Report of referee of account. 27. Decree of settlement of account. 28. Decree of settlement of final account. 29. Decree of settlement of account and final distribution. 30. Petition by creditor for citation to administrator to account. 31. Petition that court may order administrator to render an account. 32. Petition of administrator with the will annexed for citation ordering former executor to account. 33. Order for attachment against administrator for not rendering account. 34. Order adjudging administrator guilty of contempt for disobeying order to render account. 35. Order revoking letters of administrator after commitment for contempt for failure to account. 36. Order removing administrator after contest of account. 37. Order allowing debt irregularly paid. No. 13. Petition for Order Reciuiring Administrator to Render Exhibit. [Title of Court and Estate.] The petition of respectfully represents: That was duly appointed administrator of the above-named estate on the day of , 19 — , and immediately qualified as such, and entered upon the duties of his trust. 3 Accounts of Executors and Administrators, Forms 14, 15 That more tlian six months have elapsed since said appointment was made; but said administrator has not rendered to this court any exhibit showing the amount of money received or expended by him, the amount of all claims presented against the estate, or the names of the claim- ants, or any other matters necessary to show the condition of the affairs of said estate. That petitioner is a creditor of said estate in the sum of dollars ; and his claim therefor has been duly presented, allowed, approved, and liled in this court, and is ranked among the acknowledged debts of said estate to be paid in due course of administration. That said administrator, though often requested by petitioner to do so, will give no information as to the condition of said estate, nor its means of paying its debts, including the claim of petitioner. Wherefore your petitioner prays that said administrator be required to render an exhibit in the manner by law provided. , Petitioner. , Attorney for Petitioner. No. 14. Order for Citation to Administrator Rec[uiring Him to Render Exhibit. [Title of Court and Estate.] On reading and filing the petition of — ' — , a person interested in the estate of , deceased, and the court being satisfied from the testimony of , a witness duly sworn, that the facts alleged in said petition are true, and that the administrator of said estate has and does fail to render an exhibit as required by law for the information of the court, showing the amount of money received and expended by him, the amount of all claims presented against said estate, the names of the claimants, and other matters necessary to show the condition of the affairs of the estate; It is ordered that a citation be issued herein to , the adminis- trator of said estate, requiring him to appear before this court, at the courtroom thereof, on the day of , 1917, at 10 o'clock A. M., and render such exhibit. Dated , 1917. , Judge of Superior Court. No. 15. Executor's or Administrator's First Account. [Title of Court and Estate.] J. C. R., executor of the last will of S. D., deceased, renders this his account, due within thirty days after the expiration of the time mentioned in the notice to creditors within which claims must be exhibited. The following is an exhibit of all debts which have been presented and allowed during his administration. F. R $105.75 [And others.] Form 15 Cowdery 's Form Book. 4 The f ollowin''- claim was presented on March 13, 1915, and rejected : Q J) V $750.00 [And others.] All allowed claims have been paid except H. & M. — balance $2,100.00 J. C. R ;••• 6'000.00 (For the particulars of all claims see report filed with this exhibit.) Exhibit and Account. The following pages show the amount of money on hand, the source from which it came, the amount expended and to whom paid, and the balance on hand. (For other particulars see report referred to.) Cash Received. 1914. May 14. In D. M. Bank (from spl. adm.) $40,871.39 " 14. In sack in safe (from spl. adm.) 551.40 $41,422.79 [And others.] " 14. Interest on above 6,000.00 " 18. Interest U. S. 4% registered bonds 1,000.00 " 19. In London and San Francisco Bank 22,000.00 " 20. la Rideout Bank, Gridley 6,000.00 " 23. .Sale of 713 sks. wheat in Gridley to Blum 1,000.00 " 24. Return taxes on above wheat 16.00 June 4. Spring Valley Water Co. dividend No. 1 1,000.00 " 4. Spring Valley Water Co. dividend No. 2 3,000.00 " 4. Spring Valley Water Co. dividend No. 3 3,000.00 " 4. Spring Valley Water Works coupons, 101 at $10 each 1,000.00 '• 4. F. M. and M. G. note 1,000.00 $83,922.79 Cash Paid Out. 1914. Voucher No. April 20. Court fees, filing petition 1 $ 5.00 May 13. Court fees 2 1.00 " 24. Second installment taxes L. mortgage. — . .. 12 108.10 " 24. Express sample from Gridley 8 .30 " 25. N. G. Co., undertakers 4 547.00 " 20. Dr. P. K. B., services 9 308.00 " 26. I. S. H., nurse 5 25.00 " 28. Wells, Fargo & Co. paying taxes in Hanford. . 11 1.00 " 28. Stamps -30 [And other items.] $1,000.70 5 Accounts of Executors and Administrators. Form 16 NOTE. — Alaska, Comp. Laws 1913, sees. 1727-1S03; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1068; California, Code Civ. Proc, sec. 1628; Hawaii, Rev. Code 1915, sec. 2500; Idaho, Eev. Codes 1907, sec. 5587; Kansas, Gen. Stats. 1915, sec. 4633; Montana, Eev. Codes 1907, sec. 2780; Nebraska, Rev. Code 1913, sec. 1509; Nevada, Rev. Laws 1912, sec. 6041; New Mexico, Stats. Ann. 1915, sec. 2287; North Dakota, Comp. Laws 1913, sec. 8823; Oklahoma, Harris & Day's Code 1910, sec. 6434; Oregon, Lord's Oregon Laws, sec. 1282; South Dakota, Comp. Laws 1913, sec. 5889; Utah, Comp. Laws 1907, sec. 3941; Washington, Rem. Code, sec. 1550; Wyoming, Comp. Stats. 1910, sec. 5587. No. 16. Affidavit to Account, [Title of Court and Estate.] State of CalifoiTiia, County of Butte, — ss. M. J., of said city and county, being duly sworn, says: I am the administratrix of the estate of T. J., deceased. The foregoing account, filed for the first [or second, etc.] account of my administration of the said estate, is in all respects just and true, and according to the best of my knowledge, information and belief, contains a full, true and par- ticular account of all my receipts and disbursements on account of the said estate, from the commencement of my administration to the six- teenth day of June, 1917, and of all sums of money belonging to the said estate which have come into my hands as such administratrix, or which have been received by any other person by my order, or author- ity, for my use; and of all claims presented, and allowed, or paid; and I do not know of any error or omission in said account to the preju- dice of any person interested in the said estate. [I further state that the items of expenditure, not exceeding twenty dollars, for which no vouchers are annexed or produced, have actually been paid and disbursed by mc, at the place where, the date when, and to the parties to whom the said payments are stated, in the said account, to have been made respectively; and that said account exhibits not only the debts which have been paid, but also a statement of all debts Avhich have been duly presented and allowed during the period embraced in the said account.] Subscribed and sworn to, etc. [Signature.] NOTE. — In California, at any time when required by the court either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render an exhibit under oath, showing the amount of money received and expended by him, the amount of all claims presented against the estate, and the names of the claimants, and all other matters necessary to show the condition of its affairs: Code Civ. Proc, sec. 1622. Alaska, Idaho, Rev. Codes, 1907, sec. 5587; Kansas, Gen. Stats. 1915, sec. 4633; Montana, Rev. Codes, 1907, sec. 7634; Nevada, Rev. Laws 1912, see. 6041; North Dakota, Comp. Laws 1913, sec. 8823; Oklahoma, Harris & Day's Code 1910, sec. 6428; Oregon, Lord's Oregon Laws, sec. 1282; South Dakota, Comp. Laws 1913, sec, 5889; Utah, Comp. Laws 1907, sec. 3941; Wyoming, Comp. Stats. 1910, sec. 5587. Form 17 Cowdery's Form Book. 6 No, 17. Report of Executor Accompanying Annual Account. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco : J. C. R., the executor of the last will of S. D., deceased, has this day filed a full account of his administration. At the same time he has filed a full report of his administration, together with vouchers for all charges, debts, claims and expenses which he has paid. Notice to Creditors. The time for presentation of claims expired on March 24, 1917. On April 21, 1917, a decree was entered showing that due notice to cred- itors has been given. Special Administration and Clerical Assistance. During his special administration he took possession of all the per- sonal property described in the inventory and appraisement. He begs leave to refer to his final account and report of the special adminis- tration and make it a part of this report. For the reasons in that report stated it was necessary for him to have assistance entirely capable and trustworthy; therefore he employed W. B. R., and prom- ised to pay him for services as his clerk in the care and management of this estate under his general letters. He commenced work on April 6, 1916, and the executor has paid him $200 a month from April 6, 1916, to April 6, 1917, amounting to $2,400, which was a necessary expense in the care and management of tlie estate, and the executor now re- quests the court to allow that amount per month and continue it until final distribution. Appraisements and Inventories. Two inventories and appraisements have been made of the B., D. and M., K. R. Ranch. The first by appraisers residents of the county in which the land is situated. It was hurried through with such unusual expedition, and the value of the decedent's one-third interest was so much lower than his estimates, that the executor caused a reap- praisement by the appraisers appointed to appraise San Francisco property. They made a thorough examination and raised the value of the estate's interest from $20,971 to $105,679, which is now thought to be approximately its true value. Resident appraisers were appointed to appraise the estate's interests in lands in Butte and Sutter counties, which appraisements appear to be altogether fair. Mistake in Inventory. The H. and J. W. O.'s note was appraised at $800. It was a mis- take of the appraisers. A credit of $100 was indorsed on it by de- ceased. Its true value is $700 only. 7 Accounts of Executors and Administrators. Form 17 Property Disclosed Subsequent to Inventory. Found in safe $1.00 not in inventory. Found in old book $2.50 gold and 70/100. Found in C. S. D. Company $8,354.93 not in inventory. Found H. note for $300 not in inventory. Paid. Debts Due the Estate Collected — Bonds, Notes, etc. A. S. B.'s note for $1,300 and interest. Paid. [Other amounts collected.] Change in Form of Property Described in Inventory. An undivided 1/24 interest in C. S. v. L. C, juv''gment has been merged into S. B. Company stock and upon it a 30% dividend of $960.50 has been paid. English consols amounting in total to 14,400 pounds that were men- tioned in inventory as having no coupons were exchanged for other consols of same amount that bear 2 pounds 10 shillings interest. This had to be done in order to collect coupons due on said consols. Judgment for $180.03 has been obtained in the justice's court of the city and county of San Francisco against N. G. on the two promis- sory notes described in the inventory. Judgment entered November 4, 1916. The judgment is a lien subsequent to a mortgage for less than the property is worth. The property is for sale, and when sold the title will not pass with the judgment here unsatisfied. Estate of T. B. F. The executor has presented a claim against the estate of T. B. F. for the amount of the promissory note described in the inventory, to wit, $1,000, which was allowed. Since then he has ascertained that after family allowance and expenses of administration are paid nothing will remain for the creditors. Personal Property Sold. The only personal property sold was 713 sacks of wheat, liable to injury by dampness and heat, etc. It was sold by order of court at private sale for $1,051.60, the price for the best wheat in the market. Deeds of Real Estate. The court ordered the executor to make deeds to one H., and to O'K. and wife, and J. J., in compliance with written contracts to convey, execiTted by deceased. Deeds have been executed to A. H., and M. O'K. and wife, to lots in San Francisco, Blocks 154, 156, 157, for which he has received $788.20, which was the balance due on the contract price. The deed to J. has not been executed. Claims Against C. Estate. He presented a claim for $20,000 principal, secured by mortgage on land in Stanislaus county. The claim was approved. The principal Form 17 Cowdery's Form Book. 8 and interest amount to $25,334.46. Action has been commenced to fore- close the mortgage. The mortgage is a first lien, and the security is ample. Another claim for $1,200 on a promissory note was presented and allowed against the same estate. It is thought that after the expenses of administration are paid that at best the original amount without in- terest will be paid. T. Mortgage. An action was commenced in Butte county to foreclose the G. T. et al., mortgage for $17,600 principal, and $10,751 interest. The total amount due was received and the mortgage satisfied of record. L. Mortgage. An action was commenced in Kings county to foreclose the C. G. L. mortgage for $12,000 principal and $3,951.84 interest. Action is now pending. L. C. and I. Company Mortgage. The mortgage of L. C. and I. Company, $25,000 and interest, has been paid and the mortgage released. G. E. B. V. J. C. R., Executor. This action was brought to annul a promissory note for $10,000 (described in the inventory) by plaintiff, to S. D., deceased, upon the ground that it did not represent an indebtedness, but was made to secure deceased against any loss he might sustain in case a certain deed was not executed; a deed which both plaintiff and deceased were in- terested in having executed. The case was tried in the superior coiirt of the city and county of San Francisco, Department No. 4, and judgment rendered for plaintiff. The attorneys for the estate have not yet advised the executor re- specting future proceedings in the matter. Letters of Administration in the State of Nevada. Legal proceedings in the state of Nevada make it necessaiy to take out letters of administration there. The only matter involved is a claim amounting to about $54,865.50 in which deceased and Mr. G. E. B. have common interests. The matter is still pending. Claims Presented. The following is a statement of claims presented and allowed up to and including the twenty-fifth day of March, 1917 : Voucher No. 8. F. R., rent $105.75 Voucher No. 7. B. L. F., services 500.00 Voucher No. 6. G. G., services 100.00 [And other claims. Total, $16,510.20.] 9 Accounts of Executors and Administrators. Form 18 Claims Paid. All of the foregoing claims have been paid, except — H. & M., balance $2,100.00 J. C. R., executor 6,000.00 Total, $8,100.00 The executor's claim of $6,625.00 was on March 17, 1917, presented for approval to the judge of this court, and copies were served on the attorneys for interested parties. No opposition to the approval being made, the claim was on April 21, 1917, approved for $6,000, the balance ($625) being barred by the statute forbidding payment of claims within the statute of limitations. Rejected Claims. On March 15, 1917, C. D. V. presented a claim for $750 on account of alleged services rendered deceased in negotiating the sale of certain judgments of record in the state of Nevada. It was rejected on March 14, 1917. Debts of the Estate. Except as aforesaid, there are no debts except taxes and expenses of administration. Estate's Money at Interest. Since the executor was appointed, he caused from time to time $430,307.20 of the money on hand to be deposited in the Bank of Cali- fornia, for which the estate receives three per cent a year interest from the date of deposit. The remainder of the estate's money to the amount of $27,907.89 is on deposit in banks, without interest except one deposit of $2,230.26, which draws interest at the rate of 3 1/4 per cent. Contest of a Codicil. After the will of 1898 was admitted to probate a writing was dis- covered which the executor believed, and now believes, to be in the deceased's handwriting, and a codicil to said will. He caused it to be filed. It was contested and all parties appear to be ready for trial. , Executor. No. 18. Report of Administratrix Accompanying Account. [Title of Court and Estate.] To the Honorable, the [or the Judge of] said Superior Court of the State of California in and for the City and County of San Francisco. M. J., the administratrix of the estate of T. J., deceased, on this, the sixteenth day of June, 1916, respectfully renders the following report of her administration: Form 19 Cowdery's Form Book. 10 That letters of administration of said estate were issued to her on the sixteenth day of May, 1916. That immediately after her appointment she caused notice to cred- itors to be published in the D. E. B., a newspaper published in said city and county. That, within ten months after the first publication of said notice, four claims against the said deceased, accompanied by proper affidavits, and supported by satisfactory vouchers, were presented to the said administratrix, and allowed by her and the judge of this court, the amounts, the dates of presentation and allowance, and all the par- ticulars of which claims are contained in the statement of debts annexed to said administratrix's annual account, this day rendered. That another claim was also presented, but rejected, and no suit has ever been brought against said administratrix therefor. As will be seen by said account and the statement annexed, the balance of money now in the hands of said administratrix is the sum of $5,795.50, and the claims allowed amount to the sum of $2,450, and the expenses of closing said estate amounting only to the sum of $1,195.48, there is, therefore, money sufficient in my hands to pay all the debts and ex- penses, and said administratrix will soon be able to bring her admin- istration to a close. Said administratrix prays that the judge of [or said] court appoint a day of a term of said court for settlement of said account, and that on the day appointed, or on such subsequent day as the hearing may be adjourned to, after the appointment by said court of some person to represent the minors interested in the said estate who have no legally appointed guardian, it being first proved to the satisfaction of said court that due and legal notice of the time appointed for the settlement of said account has been given, said account be settled and allowed by said court. [Signature.] NOTE.— Alaska, Comp. Laws 1913, sec. 1691; Arizona, Kev. Stats. (Civ. Code 1913), sees. 995, 1001; California, Code Civ. Proc., sees. 1622-|i^2S; Idaho, Eev. Codes 1907, sees. 5587-5593; Kansas, Gen. Stats. 1915, sec. 4633; Montana, Rev. Codes 1907, sees. 7634-7640; Nebraska, Rev. Code 1913. ?gc. 1509; Nevada. Rev. Laws 1912., see. 6042; North Dakota, Comp. Laws 1913, sec. 8829; Oklahoma, Harris & Day's Code 1910, sees. 6428-6434; Utah, Comp. Laws 1907, sec. 3941; Washington, Rem. Code, sees. 1550-1556; Wyoming, Comp. Stats. 1910, sec. 5587. No. 19. Account and Report of Administration— Another Form. [Title of Court and Estate.] To the Honorable Superior Court aforesaid: ■, as administrator of the estate of , deceased, herewith re- spectfully presents his account and report of his administration as follows : 11 Accounts op Executors and Administbatoes. Form 19 He charges himself: With the value of the property of said estate as per the inven- tory and appraisement on file herein $5,000.00 With the net proceeds of the sale of crops grown on said property during the administration 250.00 With the interest collected from John White on his note to deceased, bearing date July 1, 1906 50.00 $5,250.00 He credits himself: With the following cash disbm'sements : For funeral expenses of deceased, as per voucher No. 1 $ 200.00 For fees paid to county clerk, as per vouchers, Nos. 2-A 8.00 For expense of administrator's bond, as per voucher No. 6 25.00 For publication of notice to creditors, as per voucher No. 7 6.00 Balance cash and property on hand $5,011.00 Total $5,250.00 Statement of Claims. The following claims against said estate have been duly presented and allowed: [Set forth statement of all claims presented and allowed to date.] Report of Administration. Said administrator respectfully reports of his administration to this honorable court as follows: That letters of administration of said estate were issued to him on the day of , 19 — . That immediately after his appointment he caused notice to cred- itors to be published in the " ," a newspaper published in said county. That within ten months after the first publication of said notice, five claims against said deceased, accompanied by proper affidavits, and supported by satisfactory vouchers, were presented to the said admin- istrator, and allowed by him and the judge of this court, the amounts, the dates of presentation and allowance, and all the particulars of which claims are contained in tlie statement of claims hereinbefore annexed to said administrator's account as above rendered. Wherefore said administrator prays that this court appoint a day for the hearing and settlement of said account, and that on the day appointed said account be settled and allowed by this court. , Administrator. , Attorney for Petitioner. NOTE. — The affidavit to this account should follow Form No. 16, ante. Forms 20, 21 Cowdery's Form Book. 12 1.0. 20. Cider of Clerk Fixing Time and Place for Hearing Applicr. tion to Settle First and Final Account and Petition for Final Distribution. [Title of Court and Estate.] — ' — , as administratrix of the estate of , deceased, having this day rendered and presented for settlement and filed herein her first and final account of her administration of the estate of said deceased, and having therewith filed a petition for the final disti'ibution of said estate: Now, I, , clerk of said superior court, pursuant to the authority vested in me, do hereby fix and appoint , the day of , , at 10 o'clock A. M. of said day, and the courtroom of this court, department number ten thereof, in the City Hail in the city and county of San Francisco, state of California, as the time and place for the hearing by the court of the application for the settlement of said first and final account, and for the hearing of said petition for final dis- tribution. Dated San Francisco, , , Clerk. No. 21. Notice of Settlement of Administratrix's Account. [Title of Court and Estate.] Notice is hereby given that M. J., the administratrix of the estate of T. J., deceased, has rendered and presented for settlement, and filed in said court, her annual account of her administration of said estate; and that Monday, the twenty-seveutli day of June, 1917, at eleven o'clock A. M., at the courtroom of said court, at the City Hall, in San Francisco, in said city and county, has been duly appointed by the judge of [or by the] said court, for the settlement of said account, at which time and place any person interested in said estate may appear and file exceptions in writing to the said account, and contest the same. , County Clerk and Ex-officio Clerk of the Superior Court. NOTE. — ^^Tn California, when an account is rendered for settlement, the clerk appoints a day for the settlement and thereupon gives notice by posting in at least three public places in the county, setting forth the name of the estate, the executor or administrator, and the day appointed for the settlement. If, upon the final hearing at the time of settlement, the court deems the notice insufficient, he may order such further notice to be given as may seem to him proper: Alaska, Comp. Laws 1913, sec. 1694: Arizona, Eev. Stats. (Civ. Code 1913), sec. lOOS; California, Code Civ. Proc. sec. 1633; Idaho, Eev. Codes 1907, sec. 5598; Kansas, Gen. Stats. 1915, sec. 4636; Montana, Eev. Codes 1907, sec. 7645; Nebraska, Eev. Code 1913, see. 1514; Nevada, Eev. Laws 1912, see. 6044; New Mexico, Stats. Ann. 1915, see. 2290; North Dakota, Comp, Laws 1913, sec, 8834; Oklahoma, Harris & Day's Code 1910, sec. 6439; Oregon, Lord's Oregon Laws, sec. 1285; South Dakota, Comp. Laws 1913, sec. 5900; Utah, Comp. Laws 1907, sec. 3942: Washington, Eem. Code, sec. 1502; Wyoming, Comp. Stats. 1910, sec. 559l'. 13 Accounts of Executors and Administrators. Forms 22-24 Wo. 22, Order Directing Notice of Settlement of Account to be Given. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having this day rendered and presented for settlement, and filed in this court her first annual account of her administration of estate of said deceased : It is ordered, tliat Monday, the twenty-seventh day of June, 1917, at 11 o'clock A. M., be, and the same is hereby, appointed for the settlement of the said account; and that the clerk give notice thereof, by causing notices to be posted in at least three public places in this city and county, at least ten days before said day of settlement, accord- ing to law. , Judge. NOTE. — ^In some states the above order is unnecessary, the clerk having authority to set the hearing without an order: See Alaska, Comp. Laws 1913, sees. 1697-1703; Arizona, Eev. Stats. (Civ. Code 1913), sec. 1008; California, Code Civ. Proc, sec. 1633; Idaho, Eev. Codes 1907, sec. 559S; Montana, Eev. Codes 1907, see. 7645; Nebraska, Eev. Code 1913, see. 1514; Nevada, Eev. Laws 1912, sec. 6044; New Mexico, Stats. Ann. 1915, sec. 2290; North Dakota, Comp. Laws 1913, sec. 8833; Oklahoma, Harris & Day's Code 1910, see. 6439; Oregon, Lord's Oregon Laws, sec. 1285; South Dakota, Comp, Laws 1913, sec. 5900; Washington, Eem. Code, sec. 1562. No. 23. Order Directing Further Notice upon Settlement of Account. [Title of Court and Estate.] It appearing to the court that the notice given upon the final account of the administrator was insufficient, it is ordered that further notice be given by posting the notice of settlement in three of the most public places in the said city and countj' for thirty days commencing June 3, 1917, and by publishing an abbreviation of said notice as follows : "Notice. — The hearing of the final account of the administrator of the estate of A. B., deceased, will be had on July 10, 1917, superior court, department 9, 10 o'clock A. M., K. L., Clerk." And it is further ordered that said abbreviated notice be published on the 5th of June, 1917, in the C, on the 10th in the E., on the 15th in the B., on the 18th in the R., and on the 30th in all said papers. , Judge. NOTE. — If a court or judge deems the notice of final settlement in- sufficient, ho may order such further notice as may to him seem proper: Alaska, Comp. Laws 1913, see. 1694; Arizona, Eev, Stats, (Civ. Code 1913), sec. 1008; California, Code Civ. Proc, sec. 1633; Idaho, Eev. Codes 1907, sec. 559S; Montana, Eev. Codes 1907, see. 7645; North Dakota, Comp. Laws 1913, sec. 8833; Oklahoma, Harris & Day's Code 1910, sec. 6439; South Dakota, Comp. Laws 1913, sec. 5900; Washington, Eem. Code, sec. 1562. No. 24. Objections to Account. [Title of Court and Estate.] Now comes A. B., and contesting the first annual account of , ad- ministrator, for cause for contest says: That the item therein of $1,250 Forms 25, 26 Cowdery's Form Book. 14 expended by said administrator for the salary of a clerk who assisted him in attending to the business of administeriTig said estate was un- necessary, and is not an expenditure to be paid out of the assets of said estate. NOTE. — Upon the day appointed for settlement of an account any inter- ested person may appear in writing and contest any item in it: Alaska, Comp. Laws 1913, sec. 1695; Arizona, Eev. Stats. (Civ. Code 1913), sec. 999; California, Code Civ. Proc, sees. 1616, 1626, 1635; Idaho, Rev. Codes 1907, sec. 5591; Montana, Bev. Codes 1907, sec. 7638; Nevada, Rev. Laws 1912, sec. 6045; New Mexico, Stats. Ann. 1915, sec. 2294; North Dakota, Comp. Laws 1913, sec. 8835; Olclahoma, Harris & Day's Code 1910, sec. 6441; Oregon, Lord's Oregon Laws, sec. 1286; South Dakota, Comp. Laws 1913, sec. 5902; Washington, Rem. Code, see. 1554; Wyoming, Comp. Stats. 1910, sec. 5585. No. 25. Order Appointing Referee to Settle Account. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having on the sixteenth day of June, 1917, rendered her annual account of settle- ment, and notice of such settlement having been duly given for this day, as ordered by this court [if the guardian ad litem, or any person interested in the estate, has filed exceptions to the account, state that fact here, thus: And J. F. F., Esq., appointed by this court to repre- sent W. J., C. J., and E. J., minors interested in the said estate, upon the settlement of said account — or, the party opposing — having appeared and filed exceptions thereto] : It is hereby ordered, that G. B. M., Esq., be, and he is hereby, ap- pointed a referee to examine the said account and make report thereon to this court within two weeks, and that the settlement of said account be adjourned until Monday, the eleventh day of July, 1917, at eleven o'clock A. M. Dated , , Judge of the Superior Court. NOTE. — In California, all matters including allowed claims not passed upon on the settlement of any former account, or on rendering an ex- hibit, or on making a decree of sale, may be contested by the heirs, for cause shown. The hearing and allegations of the respective parties may be postponed from time to time, when necessary, and the court may appoint one or more referees to examine the accounts and make report thereon, subject to confirmation; and may allow a reasonable compensation to the referees, to be paid out of the estate of the decedent: Alaska, Comp. Laws 1913, sees. 1691, 1694-1703; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1011; Idaho, Rev. Codes 1907, sec. 5601; Montana, Rev. Codes 1907, sec. 7648; North Dakota, Comp. Laws 1913, sec. 8836; Washington, Rem. Code, sec. 1565; Wyoming, Comp. Stats. 1910, sec. 5593. No. 26. Report of Referee of Account. [Title of Court and Estate.] In pursuance of an order of this court, made and entered on the twenty-seventh day of June, 1916, appointing me, the undersigned, a 15 Accounts of Executors and Administrators. Form 27 referee, to examine the annual account of M. J., said administratrix of the estate of T. J., deceased, rendered for settlement and filed in this court on the sixteenth day of June, 1916, and to make report thereon, I do now respectfully report to this honorable court, as follows: That I have fully and carefully examined said account and the vouchers produced in support thereof; that I have been attended upon said examination by said administratrix and her counsel, and by F. J. F., Esq. That said account contains a just and full statement of all the moneys received and disbursed by said administratrix from the sixteenth day of May, 1915, the commencement of her administration of said estate, to the sixteenth day of June, 1916, including all sums of money belong- ing to the said estate which came to her hands as such administratrix, or were received by any other person by her order or authority for her use as such administratrix during said period. That the amount of said money thus received, as aforesaid, was the sum of seven thousand one hundred and sixty-five dollars, and the amount thus disbursed, as aforesaid, was the sum of one thousand three hundred and sixty-nine dollars and fifty cents, leaving in the hands of the said administratrix the sum of five thousand seven hun- dred and ninety-five dollars and fifty cents, to the credit of said estate, subject to the payment of the claims allowed against said estate and the expenses of closing the administration. That for all items of expenditure proper vouchers were produced before me, as filed in this court, except for three items, each below twenty dollars, and amounting in the aggregate to a sum not exceeding five hundred dollars, to wit, the sum of two dollars; for these, no vouchers were produced, but it was proved before me, by the oatli positive of the said administratrix, as attached to the said account, which oath is uncontradicted, that such items were actually paid by her, at the places where, the dates when, and to the parties stated and set forth in said account. I further report, that, after having fully and carefully examined said account, I am satisfied that the same is true, just, and correct, and entitled to allowance and approval. I therefore respectfully recommend its allowance and approval, and that a decree be entered that said account as presented be settled. approved, and allowed. AH of which is respectfully submitted. Dated >. [Signature.] No. 27. Decree of Settlement of Account. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having, on the sixteenth day of June, 1917, rendered and presented for settle- ment and filed in this court, her annual account of her administration Form 28 Cowdery's Form Book. 16 of said estate, and afterward, to wit, on the eleventh day of July, 1917, the said matter coming on regularly to be heard, and proof having been made to the satisfaction of this court that notice of settlement of said account and of the time and place of hearing the same had been duly given by the clerk as required by laAV and the order of this court. Now, on this the day last aforesaid, the referee, G. B. M., Esq., having returned and filed his report, and no exceptions having been made or filed, and it duly appearing to this court that the said referee has fully examined the said account and the vouchers produced in support thereof, and that no person appeared to contest the same, and that no exceptions or objections were filed or made before said referee to said account, or any part thereof; that said account contains a just and full account of all the moneys received and disbursed by said administratrix, from the commencement of her administration of said estate to the sixteenth day of June, 1917; that all necessary and proper vouchers were produced and duly filed herein ; That the total amount received by said administratrix, as such is $7,165.00 And the full amount expended 1,369.50 Leaving a balance $5,795.50 And that the said account is entitled to be allowed and approved; and the court having duly considered said report and the matters aforesaid: It is ordered and decreed, that the said account be, and the same hereby is, in all respects as the same was rendered and presented for settlement, approved, allowed, and settled. Done in open court. , Judge, etc. NOTE. — The accounts of administrators and executors are never allowed until it is proved that notice of the time and place of hearing and settle- ment of the account has been given as required by law, and the decree settling the account must show that such proof was made to the satisfaction of the court, and the decree is conclusive evidence of the fact that notice was given: Alaska, Comp. Laws 1913, sec. 1696; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1013; Idaho, Rev. Codes 1907, sec. 5603; Kansas, Gen. Stats. 1915, sec. 4637; Montana. Rev. Codes 1907, sec. 7050; Nevada, Rev. Laws 1912, sec. 6049; New Mexico, Stats. Ann. 1915. sec. 2295; North Dakota, Comp. Laws 1913, sec. 8837; Oklahoma, Harris & Day's Code 1910, sec. 6444; Oregon, Lord's Oregon Laws. sec. 1287; South Dakota, Comp. Laws 1913, sec. 5904; Utah, Comp. Laws 1907, sec. 3946; Washington, Rem. Code, sec. 1567; Wyoming, Comp. Stats. 1910, sec. 5594. No. 28, Decree of Settlement of Final Account. [Title of Court and Estate.] The final account of , the administrator of the estate of , deceased, herein rendered and presented on the day of , 1917, coming on regularly to be heard this day, and proof having been made to the satisfaction of the court that the clerk had given notice of the settlement of said account in the manner and for the time required 17 Accounts of Executors and Administilvtors. Form 29 by law, and heretofore directed by this court, and no objections being filed thereto, and it appearing that said account is correct: It is hereby ordered, adjudged, and decreed that the said final account of tlie said administratrix be and the same is hereby allowed and approved, and settled. Done in open court this day of , 1917. , Judge of Superior Court. No. 29. Decree of Settlement of Account and Final Distribution. [Title of Court and Estate.] R. D., executor of the last will of W. H. L., deceased, having on the sixteenth day of June, 1917, rendered and filed herein a full account and report of his administration of said estate, which account was for a final settlement, and having with said account filed a petition for the final distribution of the estate; And the said account and petition this day coming on regularly to be heard, proof having been made to the satisfaction of the court that the clerk had given notice of the settlement of said account, and the hearing of said petition, in the manner and for the time heretofore ordered and directed by the court; And it appearing that said account is in all respects true and cor- rect, and that it is supported by proper vouchers; that the residue of money in the hands of the executor, at the time of filing said account was one thousand dollars; that since the rendition of said account there has been received by the said executor the sum of five hundred dollars; that the sum of five hundred dollars has been expended by him as necessary expenses of administration, the vouchers whereof, together with a statement of such expenses and disbursements, are now pre- sented and filed, and said statement is now settled and allowed, and the payments are approved by this court; that the estimated expenses of closing the estate will amount to one hundred dollars, leaving a residue of nine hundred dollars; and it appearing that all claims and debts against said decedent, all taxes on said estate, and all debts, expenses, and charges of administration have been fully paid and dis- charged, and that said estate is ready for distribution, and in condition to be closed; It is further ordered, adjudged, and decreed, that the said final accounts of the said executor be, and the same are, settled, allowed, and approved, and that the residue of said estate hereinafter particu- larly described, and any other property not now known or discovered, which may belong to the said estate, or in which the said estate may have any interest, be, and the same is hereby, distributed as follows: All of said property to be distributed to his widow, H. L. The following is a particular description of the said residue of said estate referred to in this decree, and of which distribution is now ordered as aforesaid: Form Book — 2 Form 30 Cowdery's Form Book. 18 Eight hundred dollars in gold coin of the United States, cash in the hands of said executor. Dated •. ■ , Judge of the Superior Court. NOTE. — When any account is rendered for settlement, the court ap- points a day for the settlement thereof; the clerk thereupon gives notice by posting in at least three public places in the county, setting forth the name of the estate, the executor or administrator, and the day ap- pointed for the settlement. The court may order further notice to be given. If the account is a final settlement, and a petition for the final distribution of the estate is filed with said accounts, the notice must state those facts, and the notice must be given by posting or publi- cation, as the court may direct, and for such time as may be ordered. On the settlement of said account, distribution and partition of the estate to all entitled thereto may be immediately had without further notice or proceedings: Alaska, Comp. Laws 1913, sec. 1712; Arizona, Eev. Stats. (Civ Code 1913), sees. 1008, 1009; California, Code Civ. Proc, sees. 1633, 1634- Idaho, Rev. Codes 1907, sec. 5599; Montana, Eev. Codes 1907, sec. 7646- Nevada, Rev. Laws 1912, see. 6072; North Dakota, Comp. Laws 1913, sec 8'837; Oklahoma, Harris & Day's Code 1910, sec. 6440; Oregon. Lord's Oregon Laws, sec. 1287; Utah, Comp. Laws 1907, sec. 3945; Wyoming, Comp. Stats. 1910, sec. 5594. No. 30. Petition by Creditor for Citation to Administrator to Account. [Title of Coiart and Estate.] The petition of respectfully represents: That is the duly appointed, qualified and acting administrator of the estate of , deceased: That more than thirty days have elapsed since the expiration of the time mentioned in the notice to creditors within which claims must be exhibited, but said administrator has not rendered to this court under oath an account of his administration. That petitioner is a creditor of said estate, and that his claim for five hundred dollars has been duly presented and allowed, and ranked among the acknowledged debts of said estate. That said administrator, though often requested by petitioner to do so, will give no information concerning the condition and solvency of said estate. Wherefore, petitioner prays that said administrator be cited to appear and render an account of his administration. , Petitioner. , Attorney for Petitioner. NOTE— See Alaska, Comp. Laws 1913, sees. 1691-1703; Arizona, Eev. Stats (Civ. Code 1913), sec. 997; Idaho, Rev. Codes 1907, sec. 5589; Kansas, Gen Stats. 1915, sec. 4635; Montana, Rev. Codes 1907. sec. 7636: Nevada, Rev Laws 1912, sec. 6043; North D:ikota, Comp. Laws 1913, sec. 8825; Ore- gon, Lord's Oregon Laws, sec. 1283; South Dakota, Comp. Laws 1913, sec. 5890; Washington, Rem. Code, sec. 1552; Wyoming, Comp. Stats. 1910, sec. (5583. 19 Accounts of Executors and Administratoes. Forms 31, 32 No. 31. Petition that Court may Order Administrator to Render an Account. [Title of Court and Estate.] The petition of A. B. shows that he is A creditor of the above-entitled estate, and that his claim for $1,000 has been presented to said adminis- trator and has been approved by him and also by this court, but has never been paid. That the first account of said administrator made after the expiration of the time for the presentation of claims against said estate showed that he had on deposit in the C. D. E. Trust Com- pany funds sufficient to pay all the debts of said estate and all expenses of administration. That since said account was filed petitioner has been informed and he believes that said administrator has withdrawn said funds from said trust company and used more than thirty per cent of said funds in purchasing wheat in open market for his own account, and has sustained a gi-eat loss. Wherefore petitioner prays that the court will order a citation to issue to said administrator requiring him to appear and render an exhibit, showing the amount of money received and expended by him, the amount of all claims filed or presented against the estate, and all other matters to show the condition of the affairs of said estate. Dated . A. B. NOTE. — Wlien such order is made and the administrator appears, he may be examined, and if he has been guilty as charged his letters must be revoked: Alaska, Comp. Laws 1913, sees. 1691-1703; Arizona, Rev. Stats. (Civ. Code 1913), sec. 997; California, Code Civ. Proc, sec. 1626; Idaho, Rev. Codes 1907, sec. 5591; Kansas, Gen. Stats. 1915, sec. 4635; Montana, Rev. Codes 1907, sec. 7638; Nevada, Rev. Laws 1912. sec. 6043; North Dakota, Comp. Laws 1913, sec. 8825; Oklahoma, Harris & Day's Code 1910, sec. 6430; South Dakota, Comp. Laws 1913, sec. 5890; Washington, Rem. Code, sec. 1552; Wyoming, Comp. Stats. 1910, sec. 5583. No. 32. Petition of Administrator With the Will Annexed for Citation Ordering Former Executor to Account. [Title of Court and Estate.] This court having revoked its appointment of A. B., as executor of the last will of C. D., deceased, petitioner, the administrator, with the will annexed, of said estate, petitions the court for a citation command- ing the said A. B. to render, within ten days from the service of said citation, a full account and report of his administration. Dated . E. F. NOTE. — See Alaska, Comp. Laws 1913, sees. 1691-1703; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1004; California, Code Civ. Proc, sec. 1629; Hawaii, Rev. Code 1915, see. 2500; Idaho, Rev. Codes 1907, sec. 5594; Mon- tana Rev. Codes 1907, sec. 7641; Nevada, Rev. Laws 1912, sec. 5935; Okla- Forms 33, 34 Cowdeby 's Form Book. 20 homa, Harris & Day's Code 1910, sec. 6429; South Dakota, Comp. Laws 1913, sec. 5896; Washington, Eem. Code, see. 1557; "Wyoming, Comp. Stats. 1910, sec. 5588. No. 33. Order for Attacliment Against Administrator for not Render- ing Account. [Title of Court and Estate.] It appearing to the court that , administrator of the estate of , deceased, has neglected to render an account of his administration within thirty days after the expiration of the time for presenting claims mentioned in the notice to creditors of said estate, and a citation hav- ing been issued requiring said to appear and show cause why an attachment should not issue to compel him to render said account, and said ■ having failed to appear and render said account, or show cause why attachment should not issue as directed in said citation, and the citation liaving been served and returned in the manner and form as is by law provided: It is ordered that a warrant of attachment issue, and that said — ^ — be arrested and brought before this court to show cause why he should not be committed for contempt of court for disobeying said citation. Dated . , Judge of Superior Court. NOTE. — If such exhibit is not made as directed, attachment may be issued against the administrator and such exhibit enforced: California, Code Civ. Proc, sec. 1627. If an administrator is delinquent in Sling his annual account, he will not be attacked until after citation has issued; but when he has been ordered to render an exhibit under sections 1624, 1625, he may be arrested if he disobeys: Arizona, Eev. Stats. (Civ. Code 1913), sees. 997-1000; Colorado. Mill's Ann. Stats. 1912, sec. 8031; Idaho, Rev. Codes 1907, sees. 5589, 5590, 5592; Kansas, Gen. Stats. 1915, sec. 4635; Montana, Eev. Codes 1907, sees. 7636, 7637, 7639; Nevada, Eev. Laws 1912, sec. 6043; Oklahoma, Harris & Day's Code 1910, sec. 6433; Oregon, Lord's Oregon Laws, sec. 1283; South Dakota. Comp. Laws 1913, sec. 5894; Washington, Eem. Code, sees. 1552, 1553, 1555; Wyoming, Comp. Stats. 1910, sec. 5586. No. 34. Order Adjudging Adininistrator Guilty of Contempt for Dis- obeying Order to Render Account. [Title of Court and Estate.] An order having been made by this court that , administrator of Uie estate of , deceased, render the account of said estate required to be rendered within thirty days after the expiration of the time men- tioned for presenting claims in the notice to the creditors of said estate, and said time having elapsed before said order was made; and the said having failed to render said account as ordered by the court; and the said having been cited to appear and show cause why a war- rant of attachment should not issue to compel him to render said account 21 Accounts of Executors and Administrators. Forms 35, 36 (the said citation having been issued, served and returned as is by law required) ; and tlie said having been brought into court, who then and there refused to render said account: It is ordered that said be, and he is hereby adjudged to be in contempt of this court, and that he be committed to the custody of the sheriff of the county of , state of California, until he obeys the said order of this court. Dated . • , Judge of Superior Court. No. 35. Order Revoking Letters of Administrator After Commitment for Contempt for Failure to Account. [Title of Court and Estate.] Whereas, on the day of , 1937, — ■ — , the administrator of the estate of , deceased, was ordered by this court to file an account of his administration within ten days from said , which order was not obeyed; whereupon the said • was cited to answer for con- tempt of this court because of said disobedience, and after a full hear- ing he was committed to the custody of the sheriff of said county until he obeyed said order, and has remained in said custody for thirty days without obeying said order, or otherwise purging himself of contempt: Now, therefore, the letters of administration heretofore issued to said ■ on , 1917, are hereby revoked. Dated ■. , Judge of Superior Court. No. 36. Order Removing Administrator After Contest of Account. [Title of Court and Estate.] , administrator of the estate of , having filed his first annual account wherein was stated that he paid eight dollars to the publisher of the " " for publishing notice to creditors, and it having been made to appear on the hearing of said account, that said administrator paid in full for said publication six dollars, and no more, and converted two dollars of said eight dollars to his personal use, and thereafter said administrator being cited to show cause before the court why his letters should not be revoked for the aforesaid misappropriation of trust funds, and said administrator appearing at the hearing of the last aforesaid matter in person and by counsel, and admitted such misappropriation, but pleaded in justification the custom of administrators and attorneys "of taking commissions" from the publishers of legal notices, and said matter being submitted for judgment: It is hereby ordered that the letters of administration heretofore granted to said be and the same hereby are revoked. Dated •. , Judge of Superior Court. Forms 37-49 Cowdeby's Form Book. 22 No. 37. Order Allowing Debt Irregularly Paid. [Title of Court and Estate.] It appearing to the court that , the administrator of the above- entitled estate, paid a claim of dollars, within the time limited by law for the payment of such claims, but without the affidavit or other proof of said claim required by law ; and it having been proved, to the satisfaction of the court, that said amount was a just debt, was due against the said estate, was paid in good faith, that the amount thereof thus paid was the true amount of such indebtedness over and above all payments or setoffs; and the said estate being solvent: The said amount is allowed the said administrator in the settlement of his accounts. Dated , , Judge of Superior Court. ACCOUNT STATED. 48. Complaint on account stated. 49. Answer setting up an account stated. No. 48. Complaint on Account Stated. [Title of Court and Cause.] The plaintiff complains and alleges: 1. That on the — day of , 19—, at — „ an account was stated between the plaintiff and the defendant, and upon such statement a balance of $ was found due to the plaintiff from the defendant. 2. That the defendant agreed to pay to the plaintiff the said balance of $ . 3. That he has not paid the same or any part thereof. [Demand of judgment.] [Signature.] No. 49. Answer Setting Up an Account Stated. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That after the said dealings in said complaint named, and before the commencement of this action, to wit, on the third day of May, 1917, the said A. B. and C. D. came to a mutual accounting touching the several matters and things in said complaint mentioned. 2. That on the said accounting, there was found due from the said A. B. to the said C. D. $130, as a final balance upon said mutual dealing and matters between the said A. B. and C. D. 3. And the said C. D. avers that the said stated account is just and true. Wherefore, he claims judgment against the plaintiff for said sum of $130, and interest from said third day of May, 1917, and costs. [Signature.] 23 Acknowledgments. ACKNOWLEDGMENTS. 61. Alabama — General form of acknowledgmeut. 62. Alabama — Acknowledgment by corporation. 63. Alabama — I*roof by subscribing witness. 64. Alabama — Acknowledgment by wife in conveyance of husband's homestead. 64a. Alaska — Acknowledgment — General form. 65. Arizona — Ordinary acknowledgment. 66. Arkansas — General form of acknowledgment. 67. Arkansas — Proof of deed by subscribing witness. 68. Arkansas — Proof of handwriting of grantor and subscribing witness. 89. California — Acknowledgment — General form. 70. California — Acknowledgment by corporation. 71. California — Acknowledgment by wife. 72. California — Acknowledgment by husband and v;ife. 73. California — Acknowledgment by husband and wii'e on proof. 74. California — Acknowledgment by subscribing witness. 75. California — Acknowledgment when party proven. 76. California — Acknowledgment before county clerk — General. 77. California — Acknowledgment before county clerk by attorney In fact. 78. California — Acknowledgment before county clerk by subscribing wit- ness. 79. California — Acknowledgment before county recorder — Geiaer?J. 80. California — Acknowledgment before county recorder by subscribing witness. 81. California — Acknowledgment before county recorder by attorney in fact. 82. Caiifornia.— Acknowledgment before justice of the peace by husband and wife. 83. California — Acknowledgment before justice of the peace — General. 84. California — Proof of execution of an instrument when all the parties and subscribing witnesses are dead. 85. California — Acknowledgment before justice of the peace by subscrib- ing witness. 86. California — ^Acknowledgment before justice of the peace by attorney in fact. 87. California — Proof of execution of instru-iient by handwriting of maker and subscribing witness where pa,rties are nonresident. 88. California — Acknov/ledgment by two individuals. 89. California — Acknowledgment by two individuals, one known and one not known to the officer. 90. California — ^Acknowledgment by an administrator. 91. California — Acknowledgment by an executor. 92. California — Acknowledgment by a trustee. 93. California — Proof of execution by subscribing witness. 94. California — Proof of execution of an instrument when the place of the residence of the parties is unknown. 96. California — ^Acknowledgment by attorney in fact. 97. California — Acknowledgment by prisoner confined in state peniten- tiary. 98. Colorado — Acknowledgment — General form. 99. Colorado — Acknowledgment by married woman when homestead in- volved. 100. Colorado — Acknowledgment of chattel mortga.ge. 101. Colorado — ^Proof of the execution of instrument by subscribing wit- ness where witness is known to ofl5.cer. Cowdery's Form Book. 24 102. Colcrr.dc — Proof cf exscution of instrument Tjy sulJscribing witness (acknowledgment to witness). 103. Colorado — Proof of execution of instrument by subscribing witness (witness proved to be a subscribing witness). 104. Connecticut — Acknowledgment — General form. 105. Connecticut — Acknowledgment by corporation. 106. Delaware — Acknowledgment by single person. 107. Delaware — Acknowledgment by husband and wife. 103. Dela-vvaro — Acknowledgment by corporation. 109. District of Columbia — Acknowledgment— General form of certificate. 110. District of Columbia — Acknowledgment by husband and wife. 111. Florida — Acknowledgment — Geiieral form. 112. Florida — Acknowledgment by husband and wife to deed relinquishing dower, taken out cf state. 113. Florida— Acknowledgment to wife's separate deed, relinciuishing dower, taken out of Florida. 114. Florida — Acknowledgment — Proof by subscribing witness. 115. Georgia — Acknowledgment. 116. Georgia — Acknowledgment of married woman. 117. Georgia — Proof by subscribing witness. 118. Hawaii — Acknowledgment —General form. 119. Hawaii — Acknov7ledgment by corporation or joint stock association having no corporate seal. 120. Hawaii— Acknowledgment by corporation or joint stock association. 121. Hawaii — Acknowledgment by attorney in fact. 122. Idaho — Acknowledgment — Ordinary form. 123. Idaho — Acknowledgment by attorney in fact. 124. Idaho — Acknowledgment by married woman. 125. Idaho — Acknowledgment by corporation. 126. Illinois — A«;knowledgTnent by single person. 127. Illinois — Acknowledgment by husband and wife. 128. Illinois — Acknowledgment by corporation. 129. Illinois — Proof by subscribing witness. 130. Illinois — Proof when the grantor and subscribing witness are dead, or cannot be produced. 131. Indiana — Acknowledgment — General form. 132. Iowa — Acknowledgment — General form. 133. Iowa — Acknowledgment by attorney in fact, or corporation. 134. Kansas — Acknowledgment by husband and wife. 135. Kentucky — Form of acknowledgment out of the state. 1:6. Kentucky — Acknowledgment by husband and wife. 137. Kentucky — Certificate of acknowledgment by corporation. 138. Kentucky — Proof by subscribing witnesses. 139. Louisiana — Usual form of acknowledgment. 140. Maine — Acknowledgment — General form for use out of state, 141. Maine — Acknowledgment by attorney in fact. 142. Maryland — Acknowledgment within the state. 143. Maryland — Acknowledgment within the state of husband and wife. 144. Maryland — Acknowledgment taken out of the state. 145. Maryland — Acknowledgment by a corporation. 146. Massachusetts — Acknowledgment — Gencr?J form. 147. Massachusetts — ^Acknowledgment by attorney in fact. 148. Massachusetts — Acknowledgment by corporation or joint stock com- pany. 149. Michigan — Acknowledgment — General form. 150. Michigan — Acknowledgment by corporation. 151. Minnesota — Acknowledgment by single person or by husband and wife. 152. Minnesota — Acknowledgment by attorney in fact. 25 Acknowledgments. 153. Minnesota — Acknowledgment by corporation or joint stock companies. 154. Mississippi — Acknowledgment — General form. 155. Mississippi — Proof by subscribing witness. 156. Missouri — Acknowledgment — General form. 157. Montana/ — Acknowledgment — General form. 158. Montana — Acknowledgment by corporation. 159. Montana — Acknowledgment by attorney in fact. 160. Nebraska — Acknowledgment by husband and wife. 161. Nebraska — Acknov/ledgm.ent by single person. 162. Nebraska — Proof by subscribing witness. 163. Nevada — Acknowledgment — General form. 164. Nevada — Acknowledgment by a corporation. 165. Nevada — Acknowledgment by husband and wife. 166. Nevada — ^Proof of instruments. 167. Nevada — Acknowledgment by attorney in fact. 168. Nevada — Acknowledgment when grantor is unknown to officer. 169. Nevada — Acknowledgment by subscribing witness. 170. New Hampshire — Acknowledgment — General form. 171. New Hampshire — Acknowledgment by husband and wife. 172. New Jersey — Acknowledgment — General form. 173. New Jersey — Proof by subscribing witness. 174. New Jersey — Proof of deed by corporation. 175. New Mexico — Acknowledgment — General form. 176. New Mexico — Acknowledgment by attorney in fact. 177. New Mexico — Acknowledgment by corporation or association. 178. New York — Acknowledgment by corporation. 179. New York — Acknowledgment — General form. 180. New York — Proof of deed of a corporation by its president or other officer. 181. New York — Acknowledgment by attorney in fact. 182. New York — Proof by subscrioing witness. 183. North Carolina — Acknowledgment by husband and wife. 184. North Carolina — Acknowledgment by grantor. 185. North Carolina — Proof of conveyance by a corporation executed by president or trustee and two other m-embers of the corporation. 186. North Dakota — Acknowledgment — General form. 187. North Dakota — Acknowledgment by corporation. 188. North Dakota — Acknowledgment by attorney in fact. 189. Ohio — ^Acknowledgment — General form. 190. Ohio — Acknowledgment by corporation. 191. Ohio — Acknowledgment by attorney in fact. 192. Oklahoma — Acknowledgment — General form. 193. Oklahoma — Acknowledgment by corporation. 194. Oregon — Acknowledgment by justice of the peace — General form. 195. Oregon — Acknowledgment by attorney in fact before justlco of th? peace. 196. Pennsylvania — Acknowledgment of individuals (single or married). 197. Pennsylvania — Acknowledgment by husband and wife, 198. Pennsylvania — Proof of deed by corporation. 199. Pennsylvania — Proof by subscribing witness. 200. Pennsylvania — Acknowledgment of corporation by attorney 201. Rhode Island — General form. 202. South Carolina — Proof by subscribing witness. 203. South Carolina — ^Wife's renunciation of dower. 204. South Carolina — Certificate of proof by subscribing witness to deed by a corporation. 205. South Dakota — Acknowledgment — General form. 206. South Dakota — Acknowledgmsnfc by corporation. 207. South Dakota — Acknowledgment by attorney in fact. Cowdeey's Form Book. 26 208. Tennessee — Acknowledg/nent "by one person, married or single. 209. Tennessee — Acknowledgment by husband and wife. 210. Tennessee — Proof by subscribing witness. 211. Tennessee — Acknowledgment by corporation. 212. Texas — ^Acknowledgment — Ordinary form. 213. Texas — Acknowledgment of married woman. 214. Texas — Acknowledgment by husband and wife. 215. Texas — Certificate of proof by witness. 216. Texas — Acknowledgment by corporation. 217. Texas— Proof by subscribing witness. 218. Utah — Acknowledgment — General form. 219. Utah — Proof by subscribing witness. 220. Utah — Acknowledgment by corporation. 221. Vermont — Acknowledgment — General form. 222. Vermont — Certificate of acknowledgment of deed of a corporation. 224. Virginia — Acknowledgment — General form. 225. Virginia — Acknowledgment by commissioner. 226. Virginia — Acknowledgment by corporation. 227. Washington — Acknowledgment — General form. 228. V/ashington — Acknowledgment by corporation. 229. Wisconsin — Acknowledgment by husband and wife. 230. West Virginia — Acknowledgment — General form. 231. West Virginia — Acknowledgment by husband and wife. 232. West Virginiar— Acknowledgment by wife subsequent to husband. 233. West Virginia — Acknowledgment by corporation. 234. Wisconsin — Acknowledgment by single person. 235. Wisconsin — Acknowledgment by corporation. 236. Wisconsin — Certificate of acknowledgment before notary public by husband and wife. 237. Wyoming — Acknowledgment — General form. 238. Wyoming — Acknowledgment, when releasing homestead. 239. Wyoming— Acknowledgment by married woman where right of home- stead is involved. 240. Acknowledgment before United States Consul. 241. Certificate of officer's authority. CROSS-REFERENCE S. Acknowledgment by Deputy Sheriff, No. 1709. Acknowledgment of Tenancy, No. 2377. INTRODUCTORY NOTE. By Whom AcknowledgTuent may be Taken in This State. — The proof or acknowledgment of an instrument may be made in this state, within the city, county, city and county, township (or district) for which the officer was elected, or appointed, before either: 1. A clerk of a court of record j 2. A county recorder; 3. A court commissioner; 4. A notary public ; 5. A justice of the peace. NOTE.— California, (Jiv. Code, sec. 1181. By Whom Taken "Without the State. — The proof or acknowledg- ment of an instrument may be made without this state, but within 27 Acknowledgments. Form 61 the United States, and within the jurisdiction of the officer, before either: . 1. A justice, judge or clerk of any court of record of the United States; or, 2. A justice, judge or clerk of any court of record of any state ; or, 3. A commissioner appointed by the governor of this state tor that purpose ; or, 4. A notary public; or, 5. Any other officer of the state where the acknowledgment is made authorized by its laws to take such proof or acknowledgment. NOTE. — California, Civ. Code, sec. 1182. Proof of Acknowledgment Outside United States. — The proof or acknowledgment of an instrument may be made without the United States before either: 1. A minister, commissioner or charge d'affaires of the United States, resident and accredited in the country where the proof or acknowledgment is made ; or, 2. A consul, vice-consul or consular agent of the United States, resident in the country where the proof or acknowledgment is made; or, 3. A judge of a court of record of the country where the proof or acknowledgment is made ; or, 4. Commissioners appointed for such purposes by the governor of the state, pursuant to special statutes ; or, 5. A notary public. NOTE. — California, Civ. Code, sec. 1183. No. 61. Alabama^-Gteneral Form of Acknowledgment. State of Alabama, County. I [name and style of the officer] hereby certify that , whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the con- tents of tlie conveyance, he executed the same voluntarily on the day the same bears date. Given under my hand, this day of , A. D. . , .Tuds:e, etc. for as the case may be]. NOTE.— Alabama, Civ. Code 1907, sec. 3361. Forms 62-64 Cowdeby's Form Book. 28 No. 62. Alabamar— Acknowledgment by Corporation. State of Alabama, County. I, , a in and for said county and state, hereby certify that -, whose name as [treasurer or other officer] of the , a corpora- tion, is signed to the foregoing conveyance, and who is known to me, acknoAvledged before me on this day that, being informed of the con- tents of the conveyance, he as such officer with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand this day of , 19 — . NOTE.— Alabama, Civ. Coae 1907, sec. 3361. No. 63. Alabama^— Proof by Subscribing Witness. State of Alabama, County. I [name and style of the officer], hereby certify that , a subscrib- ing witness to the foregoing conveyance, known to me, appeared before me this day, and, being sworn, stated that , the gi-antor, volun- tarily executed the same in his presence, and in the presence of other subscribing witness, on the day the same bears date; that he attested the same in the presence of the grantor, and of the other witness ; and that such other witness subscribed his name as a witness in his presence. Given under my hand this day of , A. D. . Judge, etc. [or as the case may be]. NOTE.— Alabama, Civ. Code 1907, sec. 3362. No. 64. Alabama— Acknowledgment by Wife in Conveyance of Hus- band's Homestead. State of Alabama, County. Ij , Judge of [or other officer, as the case may be], do hereby certify that on the day of , 19 — , came before me the within named ^ known to me [or, made known to me] to be the wife of the within named , who, being examined separate and apart from the husband touching her signature to the within , acknowledged that she signed the same of her own free will and accord, and without fear, constraint or threats on the part of the husband. In witness whereof I hereto set my hand this day of , 19 — . , Judge [or other officer, as the case may be]. NOTE.— Alabama, Civ. Code 1907, sec. 4161. 29 ' Acknowledgments. Forms 64a-G6 No. 64a. Alaska — Acknowledgment — General Form. [Name of country.] [Name of city, province or other political subdivision.] Before the undersigned [naming the officer and designating his official title] duly conunissioned [or appointed] and qualified, this day personally appeared at the place above named [naming the person or persons acknowledging] who declared that he [she or they] knew the contents of the foregoing instiniment, and acknowledged the same to be his [her or their] act. Witness my hand and official seal this day of , 19 — . [Seal] [Name of officer], [Official title]. No. 65. Arizona — Ordinary Acknowledgment. State of Arizona, County of , ss. This instrument was acknowledged before me this day of 19 — ■, by [if by a natural person or persons here insert name or names; if by a person acting in a representative or official capacity, or as attor- ney in fact, then insert name of person as executor, attorney in fact, or other capacity ; if by an officer or officers of a corporation, then insert name or names of such officer or officers as the president or other officei of such corporation, naming it]. , Notary Public [or other officer]. NOTE.— Arizona, Civ. Code 1913, sec. 2076. No. 66. Arkansas — General Form of Acknowledgment. State of Arkansas, County of . On this day of 1, 19 — , before me ^, a justice of the peace within and for the county of , in the state of Arkansas, appeared in person , to me personally well known as the i^erson whose name appears upon the within and foregoing deed of conveyance as the party grantor, and stated that he had executed the same for the considera- tion and purposes therein mentioned and set forth, and I do hereby so certify. In testimony whereof I have hereunto set my hand as such justice of the peace, in the county of , on the day of , 19 — , NOTE.— Digest of Stats. 1904, p. 1672. Forms 67-69 Cowdery's Form Book, 30 No. 67. Arkansas — Proof of Deed by Subscribing Witness. State of Arkansas, County of . Be it remembered that on this day of , 19 — , before me, a justice of the peace in and for the county aforesaid, personally ; appeared , one of the subscribing witnesses to the foregoing deed, to me personally well known, who, being by me first duly sworn, on his oath stated that he saw , grantor in said deed, subscribe said deed on the day of its date [or that the said , grantor in said deed, acknowledged in his presence, on the day of , 19 — , that he had subscribed and executed said deed], for the uses, purposes, and con- sideration therein expressed; and that he and , the other subscrib- ing witness, subscribed the same as attesting witnesses at the request of said grantor. In testimony whereof I have hereunto set my hand as such justice of the peace, at the county aforesaid, this day of , 19 — . NOTE.— Digest of Stats. 1904, p. 1672. No. 68. Arkansas — Proof of Handwriting of Grantor and Snbscribing Witness. State of Arkansas, County of . Be it remembered that on this day of , 19 — , before me, -, a justice of the peace in and for the county aforesaid, came and , and upon their oaths stated that the signatures of — — , the grantor in the within and foregoing deed, and of , witness thereto, are genuine, and are in the handwriting of the said and respectively. In testimony whereof I have hereunto set my hand as such justice of the peace, in the county aforesaid, this day of , 19 — , NO'lE.— Digest of Stats. 1904, p. 1672. No. 69. California — Acknowledgment — General Form. State of , County of , ss. On this day of , in the year 191 — , before me [here insert name and quality of officer; as, , a justice of the peace in and for the said county of , state of ; county recorder in and for the said county of , state of ; a notary public in and for the said county (or, city and county) of , state of ; county clerk and ex-officio clerk of the superior court; or, a commissioner of deeds for the state of , duly commissioned and sworn, and residing at — • — , 31 Acknowledgments. Forms 70-71 in said county of , state of ] personally appeared , known to me to be the person whose name is subscribed to the within instru- ment, and acknowledged that he executed the same. In witness whereof I have hereunto set my hand and affixed my offi- cial seal the day and year in this certificate first above written. [Seal] [Official signature.] NOTE.— California, Civ. Code, sec. 1189. No. 70. California — Acknowledgment by Corporation. State of California, City and County of San Francisco, — ss. On this third day of August in the year one thousand nine hundred and six, before me, A. B., a notary public in and for the said city and county, personally appeared C. M. B., known to me to be the president of the corporation described in and that executed the within instrument, and also known to me to be the person who executed it on behalf of the corporation therein named, and he acknowledged to me that such corpo- ration executed the same. In witness whereof I have hereunto set my hand and affixed my offi- cial seal the day and year first herein written. [Here insert official title.] NOTE. — California, Civ. Code, sec. 1190. The acknowledgment of an in- strument must not be taken unless the officer taking it has satisfactory evidence, on the oath or affirmation of a credible witness, that the person making such acknowledgment is the individual who is described in and who executed the instrument, or if executed by a corporation, that the person making such acknov/ledgment is the president or secretary of such cor- poration, or other person who executed it on its behalf: Id., sec. 1185. No. 71. California — Acknowledgment by Wife. State of California, County of Butte, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, W. B., a notary public in and for the said Butte county, personally appeared M. C, wife of G. C, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. In witness whereof I have hereunto set my hand and affixed my official seal this day and year first herein written. My commission expires on the tenth day of August, 1918, [Seal] , Notary Public in and for the County of Butte, State of California. Forms 72-75 Cowdery 's Form Book. 32 No. 72. California — Acknowledgment by Husband and Wife. State of California, County of San Mateo, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, H. W., notary public in and for the said San Mateo county, state of California, personally appeared J. A. and M. A., his wife, known to me to be the persons whose names are subscribed to tlie within instrument, and they and each of them acknowledged to me that they and each of them, respectively, executed the same. No. 73. California — Acknowledgment by Husband and Wife on Proof. State of California, County of Sonoma, — ss. On this second day of July, in the year one thousand nine hundred and seventeen, before me, S. D., a notary public in and for the county of Sonoma, personally appeared J. S. and S. S., his wife, satisfactorily proved to me to be husband and wife, and the persons described in and who executed the within instrument, by the oath of G. C, a competent and credible witness for that purpose, by me duly sworn, and the said J. S. and S. S., his wife, each of them, acknowledged to me that they respectively executed the same. NOTE.— California, Civ. Code, sec. 1189. No. 74. California — Acknowledgment by Subscribing Witness. State of California, County of Sonoma, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, P. W., a notary public in and for the said county, personally appeared J. M., known to me to be the same person whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn, deposed and said, that he resides in the town of Sonoma; that he was present and saw J. F. (personally known to him to be the person described in and who executed the said instru- ment, as party thereto), sign, seal and deliver the same; and that the said J. F. duly acknowledged, in the presence of said affiant, that he executed the same, and that he, the said affiant, thereupon, and at his request, subscribed his name as a witness thei-eto. NOTE.— California, Civ. Code, sec. 1196. No. 75. California — Acknowledgment When Party Proven. State of California, County of Sierra, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, F. J., a notary public in and for the said 33 Acknowledgments. Forms 76-78 county of Sierra, personally appeared W. W., satisfactorily proved to me to be the person described in and who executed the within instru- ment, by the oath of L. S., a competent and credible witness for that purpose, by me duly sworn, and he, the said W. W., acknowledged to me that he executed the same. NOTE.— California, Civ. Code, sec. 1189. No. 76. California— Acknowledgment Before County Clerk— General. State of California, County of Sierra, — S3. On this second day of June, in the year one thousand nine hundred and seventeen, before me, W. A., county clerk of the county of Sierra, personally appeared W. H., known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. NOTE. — California, Civ. Code, sec. 1189. No. 77. California— Acknowledgment Before County Clerk by Attor- ney in Fact. State of California, County of Santa Clara, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, J. S., county clerk, and ex-officio clerk of the superior court of the said county of Santa Clara, personally appeared J. T., known to me to be the person whose name is subscribed to the within instrument, as the attorney in fact of W. S., and the said J. T., duly acknowledged to me that he subscribed the name of W. S. thereto as principal, and his own name as attorney in fact. NOTE. — California, Civ. Code, sec. 1191. No. 78. California— Acknowledgment Before County Clerk by Subscrib- ing Witness. State of California, County of San Mateo, — ss. On this second day of March, in the year one thousand nine hundred and seventeen, before me, H. W., county clerk of said San Mateo county, personally appeared W. W., personally known to me to be the person whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn, deposed and said, that he resides in Red- wood City, county of San Mateo, state of California ; that he was present and saw A. T. (known to him to be the person described in and who executed the said instrument) sign, seal, and deliver the same; and that Form Book — 3 Forms 79-81 Cowdery's Form Book. 31 the said A. T. acknowledged in the presence of said affiant that he exe- cuted the same, and that he, the said affiant, at his request, subscribed his name as a witness thereto. NOTE.— California, CIt. Code, sec. 1196. No. 79. Calif omia — Acknowledgment Before County Recorder— G-eneral. State of California, County of Santa Barbara, — S3. On this second day of March, in the year one thousand nine hundred and seventeen, before me, A. D., county recorder in and for the said Santa Barbara county, personally appeared R. R., known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. NOTE.— California, Cir. Code, see. 1189. No. 80. California— Acknowledgment Before County Recorder by Sub- scribing Witness. State of California, County of San Mateo, — ss. On this sixteenth day of May, in the year one thousand nine hundred and seventeen, before me, W. W., county recorder in and for the said San Mateo county, personally appeared H. N., known to me to be the person whose name is subscribed to the annexed instrument, as a wit- ness thereto, who, being by me duly sworn, deposed and said, that he :-esides in said county of San Mateo ; that he was present and saw C. H. Vpersonally known to him to be the person described in and who exe- cuted the said within instrument as a party thereto) sign, seal, and deliver the same; and that the said C. H. acknowledged, in the presence of said affiant, that she executed the same, and that he, said affiant, at lier request, subscribed his name as a witness thereto. NOTE. — California, Civ. Code, sec. 1196. No. 81. Califomiar— Acknowledgment Before County Recorder by At- torney in Fact. State of California, County of Madera, — ss. On this second day of July, in the year one thousand nine hundred and seventeen, before me, T. Y., county recorder in and for the said rounty of Madera, personally appeared J. H., known to me to be the person whose name is subscribed to the within instalment as the attor- ney in fact of G. F.j and the said J. H. acknowledged to me that he 35 Acknowledgments. Forms 82-84 subscribed the name of G. F. thereto as principal, and his own name as attorney in fact. NOTE.— California, Civ, Code, sec. 1191. N"o. 82. California — Acknowledgment Before Justice of the Peace by Husband and Wife. State of California, County of San Mateo, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, G. W., a justice of the peace in and for the county of San Mateo, personally appeared before me at my office in the county of San Mateo, California, W. C, and R. C, his wife, known to me to be the persons whose names are subscribed to the within instru- ment, who each of them acknowledged to me that they respectively executed the same. In witness whereof, I have hereunto set my hand and affixed my pri- vate seal at my office (having no seal of office), the day and year :,n this certificate first above written. NOTE.— California, Civ. Code, sec. 1189. No. 83. CaJifomia — Acknowledgment Before Justice of the Peace — General. State of California, County of San Diego, — ss. On this second day of May, in the year one thousand nine hundrf-3 and seventeen, before me, R. P., a justice of the peace in and for said county of San Diego, personally appeared P. J., known to me to be tfic person whose name is subscribed to the said within instrument, who acknowledged to me that he executed the same. In witness whereof, etc. NOTE.— California, Civ. Code, see. 1189. No. 84. California — Proof of Execution of an Instrument When AU the Parties and Subscribing Witnesses are Dead. State of California, City and County of San Francisco, — ss. On this, the first day of March, in the year one thousand nine hundred and seventeen, before me, J. M., a notary public, in and for the city and county of San Francisco, personally appeared A. B., known to be a credible witness, and after being by me sworn in the manner and form by law required, I exhibited to him an instrument in writing, to wit, the grant of land, to which this certificate is attached, upon which Forms 85,86 Cowdery's Form Book. 36 is written the signature of D. E., grantor and G. H., as subscribing wit- ness to it. After being sworn, the said A. B. testified in substance that said instrument has never been acknowledged; that he knew personally D. E., the grantor and the subscribing witness G. H., at the date of said instrument. That the parties and all the subscribing witnesses to said instrument are dead ; that he then knew, and now knows, the handwrit- ing of the said grantor and subscribing witness. That the signature of the grantor D. E. is genuine, and the signature of G. H., the only sub- scribing witness, is genuine. That he, the said witness, resides in said city and county. Witness my hand, etc. NOTE.— California, Civ. Code, sec. 1198. No. 85. CaUfomia^Acknowledgment Before Justice of tlie Peace by Subscribing Witness. State of California, County of Sierra, — ss. On this second day of May, in the year one thousand nine hundred atid seventeen, before me, G. W., a justice of the peace in and for the county of Sierra, personally appeared before me in my office in the county of Sierra, state of California, W. W., known to me to be the person whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn, deposed and said, that he resides in Redwood City, county of San Mateo; that he was present and saw J. L. (personally known to him to be the same person described in and who executed the said instrument), sign, seal, and deliver the same, and that the said J. L. duly acknowledged, in the presence of said affiant, that he executed the same, and that he, the said affiant, at his request, thereupon subscribed his name as a witness thereto. NOTE'.— California, Civ. Code, sec. 1196. No. 86. California — Acknowledgment Before Justice of the Peace by Attorney in Fact. State of California, County of Shasta, — ss. On this second day of May, in the year one thousand nine hundred and seventeen, before me, H. T., a justice of the peace in and for the county of Shasta, personally appeared before me in my office in the county of Sierra, state of California, W. R., known to me to be the per- son whose name is subscribed to the within instrument as the attorney in fact of J. H., and the said W. R. acknowledged to me that he sub- scribed the name of J. H. thereto as principal and his own name as attorney in fact. NOTE. — California, Civ. Code, sec. 1191. 37 Acknowledgments. Forms 87-89 No. 87. California — Proof of Execution of Instrument by Handwriting of Maker and Subscribing Witness Wbere Parties are Non- resident. State of California, City and County of San Francisco, — ss. On this, the first day of March, in the year 1917, before me, J. M., a notary public in and for the city and county of San Francisco, per- sonally appeared A. L., known to me to be the person whose name is subscribed to the instrument to which this writing is annexed as a wit- ness to the genuineness of the signature of the grantor, S. S., and tlse genuineness of the signature of M. A., the subscribing witness to said instrument. The said A. L. was sworn by me in the manner and form required by law and the substance of his testimony was as follows : That he personally knew S. S., the grantor, and M. A., the subscribing wit- ness, and also the grantor in said instrument named at the time said instrument was executed, to wit, at the city and county of San Fran- cisco on the third day of June in the year 1916 ; that since the execution of said instrument both the gi-antor and grantee have become nonresi- dents of the state of California, to wit, they reside in the city of Rome, in the Kingdom of Italy; that he is well acquainted with the signature of the grantor and the said subscribing witness, and the signature of the grantor and the signature of the subscribing witness, and the signa- ture of said grantor to the said instrument, and also the signature of the subscribing witness are genuine. That he, said A. L., is a resident of Sausalito, county of Marin, state of California, and that he subscribed his name to said instrument as a witness to the genuineness of said grantor and said subscribing witness, respectively. [Signature.] NOTE.— California, Civ. Code, sec. 1198. No. 88. California— Acknowledgment by Two Individuals. State of , County of , ss. On this day of , in the year 191 — , before me, , person- ally appeared and , known to me to be the persons whose names are subscribed to the within instrument, and severally acknowl- edged that they executed the same. In witness whereof [etc]. [Seal] [Official signature.] No. 89. California — Acknowledgment by Two Individuals, One Known and One not Known to tlie Officer. State of , County of , ss. On this day of , in the year 191 — , before me, personally appeared , known to me to be one of the persons whose names are Forms 90-93 Cowdery's Form Book. 38 subscribed to the within instrument, and also personally appeared , proved to me, on the oath of , to be the other person whose name is subscribed to the within instrument ; and the said and there- upon severally acknowledged that they executed the same. In witness whereof [etc], [Seal] [Official signature.] No. 90. California — Acknowledgment by an Administrator, State of , County of , ss. On this day of , in the year 191 — , before me, , person- ally appeared , known to me to be the administrator of the estate of , deceased, late of , and to be the person whose name is sub- scribed to the within instrument, and acknowledged that he executed the same as such administrator. In witness whereof [etc]. [Seal] [Official signature.] No. 91. California — Acknowledgment by an Executor, State of , County of , ss. On this day of , in the year 191 — , before me, , person- ally appeared , known to me to be the executor of the last will and testament of , deceased, late of , and to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as such executor. In witness whereof [etc]. [Seal] [Official signature.] No. 92. California — Acknowledgment by a Trustee. State of , County of , ss. On this day of , in the year 191 — , before me, , person- ally appeared , known to me to be the trustee of the trusts created by the last will and testament of , deceased, late of , and to bo the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as such trustee. In witness whereof [etc.], [Seal] [Official signature.] No. 93. California — Proof of Execution by Subscribing Witness. State of , County of , ss. On this day of , 191 — , before me, , at , personally appeared , personally known to me [or, satisfactorily proved to me 39 ACKNOWLEDGiviENTS. Forms 94, 96 by ilio oath of , a competent and credible witness for that purpose, by me duly sworn] to be the same person whose name is subscribed to the above instrument as a witness thereto, and who, being by me duly sworn, deposes and says that he was present at the time of the execu- tion of the said instrument ; that , whose name is subscribed thereto as a party, is the person described in it; that the said executed such instrument ; and that deponent, at his request, thereupon signed his name as a subscribing witness thereto. Subscribed and sworn to [etc.], [Seal] [Official signature.] No. 94. Calif ornia^Proof of Execution of an Instrument When tlie Place of the Residence of the Parties is Unknown. State of California, City and County of San Francisco, — ss. On this, the day of , in the year nineteen hundred and seventeen, before me, , a notary public in and for the city and county of San Francisco, personally appeared , known to be a credible witness, and after being by me sworn in the manner and form by law required, I exhibited to him an instrument in writing, to wit, the grant of land, to which this certificate is attached, upon which is written the signature of , grantor, and , as subscribing witness to it. After being sworn, the said , testified in substance, that he personally knew , the grantor, and the subscribing witness, , at the date of said instrument; that the place of residence of the parties and all the subscribing witnesses to said instrument is unknown to the said ; that he, the said , is the grantee named in said instru- ment; that said instrument was never acknowledged, and he desires to have it proved so that it may be recorded ; and he has exercised due dili- gence to ascertain the residences of the parties and the subscribing wit- nesses by making inquiry at their last known places of residence, by advertising in three daily papers published at their last known resi- dences for one week, and by personal inquiry among their friends, family and acciuaintances ; and he cannot ascertain the place of residence of all or any of said parties. [Signature.] No. 96. California — Acknowledgment by Attorney in Fact. State of California, (bounty of Yuba, — ss. On this third day of June, in the year 1917, before me [here insert the name and quality of the officer], personally appeared A. B., known to me [or proved to me on the oath of C. D.], to be the person whose name is subscribed to the within instrument as the attorney in fact of Forms 97-99 Cowdery's Form Book. 40 A, B., and acknowledged to me that he subscribed the name of C. D. thereto as principal, and his own name as attorney in fact. NOTE.— California, Cir. Code, sec. 1192. No. 97. California — Acknowledgment by Prisoiver Confined in State Penitentiary. State of California, County of Marin, — -ss. On this 3d day of June, A. D. 1917, before me, A. B., a notary pub- lic in and for the county of Marin, state of California, personally appeared C. D., a prisoner confined in the State Penitentiary at San Quentin, Marin county, in the state of California, to me known to be the person whose name is subscribed to and who executed the annexed instrument, and I certify that I made him acquainted with the contents of said instrument and then examined him separate and apart from all persons, and he, while so separate and apart, acknowledged to me that he executed the same freely, voluntarily, and without fear or compul- sion, or undue influence, and for the purpose therein mentioned; and I further certify that I called upon A. L. G., and H. M. A., two reputable and disinterested persons, to witness the execution of said instrument. Witness: A. L. G. H. M. A. NOTE. — Under the law certain prisoners are deemed civilly dead; but under the codes they are capable of making and acknowledging a sale or conveyance of real property: California, Pen. Code, sees. 673-675. An act entitled "An act concerning conveyances," approved May _ 6, 1862, permits such acknowledgments and states what facts the certifi- cate shall set forth, and requires it to be witnessed by two reputable and disinterested witnesses: California, Stats. 1862, p. 496. No. 98. Colorado — Acknowledgment — General Form. State of Colorado, County of Washington, — ss. A. B. appeared before me this 3d day of June, 1917, in person, and acknowledged the foregoing instrument to be his act and deed for the uses specified therein. [After the notary's signature must come the date of the expiration of his commission.] [Signature.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 833. No. 99. Colorado — Acknowledgment by Married Woman When Home- stead Involved. State of Colorado, County of Arapahoe, — ss. On this first day of June, A. D. 1917, before me, E. B., a notary pub- lic in and for the county of Arapahoe, state of Colorado, personally 41 Acknowledgments. Forms 100, 101 appeared R. S., wife of J, S., known to me to be the person whose name is subscribed to the within instrument, described as a married woman; and upon examination by me privately and apart from her husband, signed said instrument, after having the same by me fully explained to her, and after fully apprising her of her rights and the effect of signing said instrument, she, the said R. S., acknowledged said instrument to be her act and deed, and declared that she had willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. [Signature.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 3383. No. 100. Colorado — Acknowledgment of Chattel Mortgage. State of Colorado, County of , ss. This mortgage was acknowledged before me this day of , 19 — , by , mortgagor. , Signature. NOTE. — ^If for a copartnership say [by ■ , for [naming copartnership], mortgagor], and if for a corporation say [by , president [or other head officer] for [naming corporation], mortgagor]. No. 101. Colorado — Proof of the Ezecntion of Instrument by Subscrib- ing Witness Where Witness is Known to Officer. State of Colorado, County of Delta,^ — ^ss. On this 3d day of June, A. D. 1917, before me, A. B., a notary pub- lic, in and for the county of Delta, state of Colorado, personally ap- peared C. D., personally known to me to be a subscribing witness to the instrument to which this certificate is attached, to wit: [Describe the instrument by dates and parties and state briefly to what it relates.] That said subscribing witness was lawfully sworn and examined by me, and his testimony was, by me, then and there reduced to writing, and was by said subscribing witness subscribed in my presence, and it appears from said testimony that said subscribing witness saw the per- son whose name is subscribed to said instrument, to wit, A. L., sign, seal and deliver the same to M. M., and said witness subscribed the said instrument in attestation thereof, in the presence and with the consent of the person so executing the same, to wit, the said A. L. [Signature.] (My commission expires on the 3d day of May, 1917.) NOTE.— Colorado, Mill's Ann. Stats. 1912, sec, 833. Forms 102-104 Cowdery's Form Book. 42 No. 102. Colorado — Proof of Execution of Instriunent by Subscribing Witness — (Acknowledgment to Witness). State of Colorado, County of Delta, — ss. On this - — — day of , A. D. 1917, before me , a notary pub- lic in and for the county of Delta, state of Colorado, personally ap- peared C. D., personally known to nie to be a subscribing witness to the instrument to which this certificate is attached, to wit : [Describe the instrument by dates and parties and state briefly to what it relates.] That said subscribing witness was then lawfully sworn and examined by me, and his testimony was by me then and there reduced to writing, and was by said subscribing witness subscribed in my presence, and it appears from said testimony that said subscribing witness did not see the said A. L. sign, seal and deliver said instrument to M. M., but the said A. L. showed said instrument to said subscribing witness and said that he signed and sealed it and that it was his free and voluntary act and deed, and that said witness subscribed said instrument in attesta- tion thereof in the presence and with the consent of the person execut- ing the same, to wit, the said L. M. [Signature.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 835. No. 103. Colorado — Proof of Execution of Instrument by Subscribing Witness — (Winess Proved to be a Subscribing Witness). [Venue.] On this 3d day of June, A. D. 1917, before me, A. B., a notary public in and for the county of Delta, state of Colorado, personally appeared, C. D., who has proved to me by the testimony of E. F. to be a subscrib- ing witness to the insti'ument to which this certificate is attached. [De- scribe the instrument by dates and parties, and state briefly to what it relates, and conclude as in preceding form.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 835. No. 104. Connecticut — Acknowledgment — General Form. State of Connecticut, County of , ss. On this day of , 19 — , personally appeared signer and sealer [or, , and , his wife, signers and sealers] of the foregoing in- strument, and before me acknowledged the same to be his [or, their] free act and deed. [Official seal] [Official signature.] 43 Acknowledgments. Forms 105-108 No. 105. Connecticut— Acknawledffment by Corporation. State of Connecticut, County of , ss. On this day of , 19 — , personally appeared president of tlie corporation, signer and sealer of the foregoing instrument, and before me acknowledged the same to be his free act and deed, and the free act and deed of the said » [Official signature.] No. 106. Delaware — Acknowledgment by Single Person. State of Delaware, County of , ss. Be it remembered that, on this day of , in the year of our Lord one thousand nine hundred and , personally came before the subscriber (name and title of officer), party to this indenture, known to me personally (or, proved on the oath of ) to be such, and acknowl- edged said indenture to be his act and deed. Given under my hand and official seal the day and year aforesaid. [Official seal] [Official signature.] No. 107. Delaware — Acknowledgment by Husband and Wife. State of Delaware, County of , ss. Be it remembered that, on this day of , in the j'^ear of our Lord one thousand nine hundred and , personally came before the subscriber [name and title of officer] , and , his wife, parties to this indenture, known to me personally [or, proved on the oath of ] to be such, and severally acknowledged said indenture to be their act and deed respectively, and that the said , being at the same time privately examined by me apart from her husband, acknowledged that she executed the said indenture willingly, without compulsion, or threats, or fear of her husband's displeasure. Given under my hand and official seal the day and year aforesaid. [Official seal] [Official signature.] No. 108. Delaware — Acknowledgment by Corporation. State of Delaware, County of , ss. Be it remembered that, on this day of , in tbe year of our Lord one thousand nine hundred and , personally came before the subscriber [name and title of officer] A. B., president of the , a corporation of the state of Delaware, party to the foregoing indenture, known to me personally [or, proved on the oath of ] to be such. Forms 109-111 Cowdery's Form Book. 44 and acknowledged the said indenture to be his act and deed, and the act and deed of the said company; that the signature of the said president is his own proper handwriting; that the seal affixed is the common or corporate seal of the said company; and that his act of sealing, execut- ing, and delivering said indenture was duly authorized by resolution of tlie directors [or, trustees; or other managers] of said company. Given under my hand and official seal the day and year aforesaid. [Official seal] [Official signature.] No. 109. District of Columbia — Acknowledgment — G-eneral Form of Certificate. I [name and official title], in and for the District of Columbia, do hereby certify that , a party to a certain deed bearing date on the day of , and hereunto annexed, personally appeared before me in said District, the said , being personally well known to me as [or proved by the oaths of credible witnesses before me to be] the person who executed the said deed, and acknowledged the same to be his act and deed. Given under my hand and seal this day of . [Official signature.] NOTE.— Code 1901, sec. 493. No. 110. District of Columbia — Acknowledgment by Husband and Wife. District of Columbia, County of , ss. I [name and full title of officer], in and for the county of , aforesaid, in the State of , do hereby certify tliat A. B. and C. B., his wife, parties to a certain deed bearing date on the day of , A. D. 19 — , and hereto annexed, personally ajopeared before me, in the county aforesaid, the said A. B. and C. B. being personally well known to me as [or, proved by the oaths of credible witnesses before me to be] the persons who executed the said deed, and acknowledged the same to be their act and deed. Given under my hand and seal, this day of , A. D. 19 — . [Official signature and seal,] No. 111. Florida — Acknowledgment — General Form. State of Florida, County of , ss. On this day personally appeared before me [name and title of officer] [and his wife, if so], to me well known [or, proven by the oath of ] as the person [or, persons] described in, and who executed 45 Acknowledgments. Forms 112, 113 the foregoing instrument, and acknowledged tTiat he [or, they] executed the same. In witness whereof, I have hereunto affixed my hand and official seal, at , this day of , 19 — . [Official signature and seal,] No. 112. Florida — Acknowledgment hy Husband and Wife to Deed Re- linciuishiiig Dower, Taken Out of State. State of Florida, County of , ss. On this day personally appeared before me [name and title of officer] and , his wife, to me well known [or, proven by the oath of ] as the persons described in, and who executed the foregoing in- strument, and acknowledged that they executed the same. And the said , wife of the said , on a private examination by me separate and apart from her husband, did acknowledge that she executed the same freely and voluntarily, and without any compulsion, constraint, apprehension or fear of or from her said husband, for the purpose of relinquishing, alienating and conveying all and every right or dower in the lands in said conveyance described. In witness whereof, I have hereunto affixed my hand and official seal, at f this day of , 19 — . [Official signature and seal.] No. 113. Florida — Acknowledgment to Wife's Separate Deed, Relin- quishing Dower, Taken Out of Florida. State of Florida, County of , ss. I [name and title of officer], do hereby certify unto all it may con- cern, that , to me well known as the wife of , and as one of the persons described in and who executed the foregoing deed of con- veyance [as the case may be], did this day to me, on a private exam- ination made separately and apart from her said husband, acknowledge and declare that she made herself a party to and executed the same for the purpose of relinquishing, alienating and conveying all and every dower and right of dower in and to the lands in said conveyance de- scribed, and that the same was done by her freely and voluntarily, and without constraint, apprehension, compulsion, or fear of or from her said husband, the said . In witness whereof, I have hereunto affixed my hand and official seal, at , this day of , 19 — . [Official signature and seal.] Forms 114-117 Cowdery's Form Book. 46 No. 114. rioridar—Acknowledfiment— Proof by Subscribing Witness. State of Florida, County of , ss. Be it remembered that, on this day of , in the year before me [name and title of officer], personally appeared , whose name is affixed as a subscribing witness to the foregoing deed between and , and who, being duly sworn, deposes and says that the said duly signed, sealed, and delivered the foregoing deed to the said , as his act and deed, in the presence of him, the said , and also in the presence of , the other subscribing witness to said deed, who then, at the request of the said , duly signed and attested the same in the presence of the deponent, and of the said , the grantor. In witness whereof, I have hereunto set my hand and affixed my seal, the day and year first above written. [Official seal] [Official signature.] No. 115. Georgia — Acknowledgment. Signed, sealed and delivered in the presence of [followed by the name and official title of the witness]. No. 116. Georgia — Acknowledgment of Married Womaja. I, , the wife of , do declare that I have freely and without any compulsion signed, sealed and delivered the above instrument of writing, passed between and , and I do hereby renounce all title or claim of dower that I might claim or be entitled to after the death of , my said husband, to or out of the lands or tenements therein conveyed. In witness whereof I have hereunto set my hand and seal. No. 117. Georgia — Proof by Subscribing Witness. Before me [name and official title] personally came , to mc known to be the individual whose signature is affixed to the foregoing deed as one of the witnesses thereto, who being sworn says that he was present at the time when said deed was executed; that he saw the same signed, sealed and delivered by , whose signature is thereto affixed as grantor; that , the other subscribing witness thereto, was likewise present at said time, and witnessed said execution of said deed ; and that he, the said , and the said then and there signed the same as attesting witnesses. [Signature of witness.] Sworn to and subscribed before me this day of , 19 — , 47 Acknowledgments. Forms 118-l2i No. 118. Hawaii— Acknowledgment — General Ponn. Territory of , County of , ss. On this day of , 19—, before me personally appeared , to me known to be the person described in and who executed the fore- going instrument, and acknowledged that he executed the same as his free act and deed. In Avitness whereof [etc.]. [Seal] [Official signature.] NOTE. — Hawaii, Eevised Laws 1915, sec. 3095. No. 119. Hawaii— Acknowledgment by Corporation or Joint Stock Association Having No Corporate Seal Territory of , County of , ss. On this day of , 19—, before me appeared , to me per- sonally known, who, being by me duly sworn, did say that he is the president of ; that said instrument was signed in behalf of said corporation by authority of its board of directors, and that said cor- poration has no corporate seal ; and said acknowledged said instru- ment to be the free act and deed of said corporation. In testimony whereof [etc.]. rgeal] [Official signature.] NOTE.— Hawaii, Revised Laws 1915, sec. 3095. No. 120. Hawaii— Acknowledgment by Corporation or Joint Stock Association, Territory of , County of , ss. On this day of , 191—, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the president of , and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said acknowledged said instrument to be the free act and deed of said corporation. In testimony whereof [etc.]. rggg^n [Official signature.] NOTE. — Hawaii, Revised Laws 1915, see. 3095. No. 121. Hawaii— Acknowledgment by Attorney in Fact. Territory of , County of , ss. On this day of , 191—, before m.e personally appeared , to me known to be the person who executed the foregoing instrument Forms 122-125 Cowdery's Form Book. 48 in behalf of , and acknowledged that he executed the same as the free act and deed of said , In witness whereof [etc.]. [Seal] [Official signature.] NOTE.— Hawaii, Eevised Laws 1915, flee. 3095. No. 122. Idaho— Acknowledgment— Ordinary rorm. State of Idaho, County of , ss. On this day of , in the year of , before me [here insert the name and quality of the officer] personally appeared , known to me [or, proved to me on the oath of ] to be the person whose name is subscribed to the within instrument, and acknowledged to me that he [or they] executed the same. NOTE.— Idaho, Kev. Codes 1915, aec. 3131. No. 123. Idaho — ^Acknowledgment by Attorney in Fact. State of Idaho, County of , ss. On this day of , in the year , before me [here insert the name and quality of the officer] personally appeared , known to me [or, proved to me on the oath of ] to be the person whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. NOTE,— Idaho, Eev. Codes 1915, sec. 3133. No. 124. Idaio — Acknowledgment by Married Woman. State of Idaho, County of Custer, — ss. On this first day of June, in the year of 1917, before me, E. B., a notary public in and for the county of Custer, state of Idaho, personally appeared R. S., wife of J. S., known to me [or proved to me on the oath of E. F.], to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. NOTE.— Idaho, Eev, Codes 1915, sees. 3129, 3131. No. 125. Idaho— Acknowledgment by Corporation. State of Idaho, County of Ada, — ss. On this third day of June, in the year 1905, before me [here insert the name and quality of the officer], personally appeared A. B.. known 49 Acknowledgments. Forms 126-128 to me [or proved to me on the oath of C. D.] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. NOTE.— Idaho, Rev. Codes 1915, sec. 3132. No. 126. lUinois — Acknowledgment by Single Person. State of Illinois, County of , ss. I [name and title of officer], do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth [including the release and waiver of the right of homestead, if so]. Given under my hand and official seal, this day of , A. D. 19—. [Seal] [Official signature.] No. 127. Illinois — Acknowledgment by Husband and Wife. State of Illinois, County of . I [name and title of officer], do hereby certify that A. B. and C. B., his wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in pei'son, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth [including the release and waiver of the right of homestead, if so]. Given under my hand and official seal, this day of , A. D 19—. [Seal] [Official signature.] No. 128. Illinois — Acknowledgment by Corporation. State of Illinois, County of , ss. I [name and title of officer], do hereby certify that , president [or other officer] of the above-named [name of corporation], person- ally known to me to be the same person whose name is subscribed to the foregoing instrument as such president [or other officer], and to be such president [or other officer] appeared before me this day in person and acknowledged that he signed, sealed and delivered said instrument as the free and voluntary act of said [corporation], and as Form Bool Forms 129,130 Cowdery's Form Book. 50 his own free and voluntary act as such president [or other officer], for the uses and purposes therein set forth. Given under my hand and ofl&cial seal, this day of , A. D. 19—. rgeal] [Signature and title.] No. 129. lUinois— Proof by Subscribing Witness. State of Illinois, County of , ss. Be it remembered, that on this day of , A. D. 19—, before me [name and full title of officer], duly appointed and commissioned, personally appeared , to me personally known [or, who was proven to me by , a credible witness under oath] to be a subscribing wit- ness to the foregoing deed, who, after being duly sworn, according to law, deposeth and saith that , whose name appears subscribed to said deed, is the real person who executed the same, and that he, the said , subscribed his name as a witness thereto, in the presence and at the request of the said , which is sufficient evidence to me of the execution of said deed. In witness whereof, I have hereunto set my hand and seal, at , this day of , A. D. 19—. [Seal] [Official signature.] TTo. 130. Illinois— Proof When the Grantor and Subscribing Witness are Dead, or Cannot be Produced. State of Illinois, County of , ss. Be it remembered, that on this day of , A. D. 19—, before me [name and full title of officer], duly appointed and commissioned, personally appeared , a competent and credible witness, who stated on oath that he personally knew the handwriting of , the grantor in, and of , the subscribing witness to the foregoing deed, and that he well knew the signature of each of them, having frequently seen them write [or such other means of knowledge as the witness may have], and that he believes the name of such grantor and subscribing witness to the deed aforesaid were thereto subscribed by the said , the gi-antor, and , the subscribing witness, respectively, which to me affords sufficient evidence of the due execution of said deed. In witness whereof, I have hereunto set my hand and seal at , this day of , A. D. 19—. [Seal] [Official signature.] 51 Acknowledgments. Forms 131-134 No. 131. Incliana^Acknowledgment— General Form. State of Indiana, County of , ss. Be it remembered that on this day of , A. D. 19—, before me [name and title of officer] in and for said county, personally appeared [and , his wife, if so], the grantor [or, grantors] in the foregoing deed, and [severally] acknowledged the execution of the same. In witness whereof, I have hereunto set my hand and affixed my ofiQcial seal, the day and year aforesaid. rgeal] [Official signature.] No. 132. lowa^Acknowledgment— General Form. State of Iowa, County of , ss. On this day of , A. D. 19—, before me [name and title of officer], personally came [and , his wife], to me personally known [or, proven by , a credible witness by me duly sworn] to be the identical person [s] whose name is [or, whose names are] affixed to the foregoing deed as grantor [s], and acknowledged the execution of the same to be his [or, their] voluntary act and deed. Witness my hand and [state what] seal, the day and year above written. [Seal] [Official signature.] No, 133. lowa^-Acknowledgment by Attorney in Fact, or Corporation. State of Iowa, County of , ss. Qn this day of , A. D. 19 — , before me [name and title of officer], personally came [name of attorney in fact, or president of the company, as may be] to me personally known to be the person whose name is subscribed to the above instrument as attorney in fact for [name of principal or president] of [name of corporation], grantor tlierein named, and acknowledged the execution of said instru- ment to be the voluntary act and deed of said [name of principal or corporation] by him as such attorney in fact [or president], thereunto appointed, voluntarily done and executed. Witness my hand and official seal the day and year last above written. [Seal] [Signature and title.] No. 134. Kansas— Acknowledgment by Husband ajid Wife. State of Kansas, County of , ss. Be it remembered, that on this day of , A. D. 19—, before me, the undersigned, a [title of officer], duly commissioned, in and Forms 135-137 Cowdery's Form Book. 52 for the county and state aforesaid, came A. B. and C. B., his wife, who are personally known to me to be the same persons who executed the within instrument of writing as grantors, and such persons duly ac- knowledged the execution of the same. In witness whereof I have hereunto set my hand and affixed my seal the day and year last above written. [Signature and title.] Term expires , 19 — , No. 135. Kentucky — Form of Acknowledgment Out of the State. State of Kentucky, County of , ss. I, , a [give title] in and for said , do hereby certify that this instrument of writing from to was this day produced to me by the parties, and was by the said acknowledged to be his voluntary act and deed. Given under my hand [and seal of office, if so], on this day of , A. D. 19—. [Seal, if used.] , Notary Public. No. 136. Kentucky — Acknowledgment by Husband and Wife, State of Kentucky, County of , ss. I, , a [give title] in and for said , do hereby certify that this instrument of writing from , and wife, , was this day pro- duced to me in my county by the parties, and was acknowledged by the said and to be their act and deed, respectively. Given under my hand [and seal of office, if so], on this day of , A. D. 19—. [Seal, if used.] , Notary Public. No. 137. Kentucky— Certificate of Acknowledgment by Corporation. State of , County of , ss. I, A. B. [here give his title], do certify that on the day of , , 19 — , the foi'egoing instrument of writing was produced to me in my county by the parties thereunto, and acknowledged and delivered before me by John Smith, as president, and by William Jones, as secre- tary, of Company, a corporation party thereunto, to be the aefc and deed of said corporation by them as president and secretary re spectively, and the seal of said corporation as affixed to said deed was 53 Acknowledgments. Forms 138-140 attested and proven before me by said William Jones as secretary of eaid corporation. Given under my hand and seal of office. [Seal] [Signature and titla] No. 138. Kentucky — Proof by Subscribing Witnesses. State of Kentucky, County of , ss. I [give name and title of officer], do certify that this day came before me in my county, and , the subscribing witnesses to the fore- going deed [or, other instrument] by to , which witnesses are personally known to me to be the same whose names are so written as witnesses, and being solemnly sworn by me in due manner, did severally declare on their oaths that the said did acknowledge this instru- ment to be his act and deed, that the signature thereto was made by him, that they know him to be the same person who is named as the grantor therein, and that they did subscribe said deed as witnesses by his request. Given under my hand and [seal of office, if so], on this day of , A. D. 19—. [Seal, if used.] , Notary Public. No. 139. Louisiana — ^Usual Form of Acknowledgmeiat. United States of America, State of , County of . Before me, the undersigned authority, personally came and appeared , to me personally known, who signed the foregoing document before me and in the presence of the tAvo subscribing legal witnesses, and acknowledged in the presence of said witnesses that he had signed the above and foregoing as his voluntary act and deed, and for the uses and purposes therein set forth. In faith whereof, I have hereunto set my hand and seal of office this day of , at . [Signature.] [Designate character of officer taking acknowledgment.] [Signatures of same two witnesses.] No. 140. Maine — Acknowledgment — General Porm for Use Out of State. State of Maine, County of , ss. This day of , A. D. 19 — , personally appeared before me [name and title of officer], the above-named [and , his wife, Forms 141-145 Cowdery's Form Book. 54 if so], and acknowledged the foregoing instrument to be his [or, her, or their] free act and deed. In witness whereof, I have hereunto set my hand [and affixed my official seal], on the day and year last above written. [Official seal, if officer have one.] [Official signature.] No. 141. Maine — Acknowledgment by Attorney in Fact. State of Maine, County of , ss. This day of , A. D. 19 — , personally appeared before me [name and title of officer], named in the foregoing instrument as the attorney in fact of , the grantor in said instrument, and acknowl- edged the same to be his free act and deed. In witness whereof, I have hereunto set my hand [and affixed my official seal], on the day and year last above written. [Official seal, if officer have one.] [Official signature.] No. 142. Maryland — Acknowledgment Within the State. State of Maryland, County. I hereby certify that on this day of , in the year , before the subscriber (style of officer) personally appeared , and acknowledged the foregoing deed to be his act. NOTE.— Maryland, Pub. G. L. 1904, art. 21, sees. 65-67 No. 143. Maryland — Acknowledgment Witliin the State of Husband and Wife. I hereby certify that on this day of , in the year , before the subscriber [official style of the officer] personally appeared , and , his wife, and did each acknowledge the foregoing deed to be their respective act. No. 144. Maryland — Acknowledgment Taken Out of the State. I hereby certify that on this day of , in the year , before the subscriber [official style of the officer] personally appeared , and acknowledged the foregoing deed to be his act. In testimony whereof I have caused the seal of the court to be affixed [or have affixed my official seal] this day of , A. D. . No. 145. Maryland — Acknowledgment by a Corporation. State of Maryland, County of , ss. This day of , in the year nineteen hundred , before the subscriber [name and title of officer] personally appeared , 55 Acknowledgments. Forms 146-148 the attorney of the coriioration, named in the foregoing instru- ment, and acknowledged the same to be the act and deed of said corporation. In testimony whereof, I have hereunto subscribed my name and affixed my official seal, the day and year last above written. [Official seal] [Official signature.] No. 146. Massachusetts — Acknowledgment — General Form. Commonwealth of Massachusetts, County of , ss. On this day of , 19 — , before me, the subscriber [here insert title of officer], personally appeared [and , his wife, if so], to me known to be the person [or persons] described in and who exe- cuted the foregoing instrument, and acknowledged that he [she or they] executed the same as his [her or their] free act and deed. Given under my hand [and official seal, if so], this day of . 19—. [Official seal, if any.] [Official signature.] No. 147. Massachusetts — Acknowledgment by Attorney in Fact. Commonwealth of Massachusetts, County of , ss. On this day of , 19 — , before me personally appeared , to me known to be the person who executed the foregoing instrument in behalf of , and acknowledged that he executed the same as the free act and deed of . Given under my hand [and official seal] this day of 19 — . [Official seal] [Official signature.] No. 148. Massachusetts — Acknowledgment by Corporation or Joint Stock Company. Commonwealth of Massachusetts, County of , ss. On this day of , 19 — , before me appeared , to me per- sonally known, who being by me duly sworn, did say that he is the president [or other officer or agent of the corporation or association], of [describing the corporation or association], and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by the authority of its board of directors, and said acknowledged said instrument to be the free act and deed of said corporation. Given under my hand [and official seal, if so], this day of , 19—. [Official seal] [Official signature.] Forms 149-152 Cowdery's Form Book. 56 No. 149. Michigan — Acknov/ledgment — General Form. State of Michigan, County of , ss. On this day of , A. D. 19 — , before me [name and title of officer], personally came [and , his wife], known to me to be the person [s] who executed the foregoing instrument, and acknowl- edged that he [or they] executed the same as his [or her or their] free act and deed. [Seal, if officer has one.] [Official signature.] No. 150. Michigan — Acknowledgment by Corporation. State of Michigan, County of , ss. On this day of , 19 — , before me appeared , to me per- sonally known, who, being by me duly sworn [or affirmed], did say that he is the president [or other officer or agent of the corporation or association] of [describing the corporation or association], and that the seal affixed to said instrument is the corporate seal of said cor- poration [or association], and that said instrument was signed and sealed in behalf of said corporation [or association] by authority of its board of directors [or trustees], and said acknowledged said instrument to be the free act and deed of said corporation [or asso- ciation]. No. 151. Minnesota — Acknowledgment by Single Person or by Hus- band and Wife. State of Minnesota, County of , ss. On this day of , 19 — , before me personally appeared [and , his wife, if so], to me known to be the person [or persons] described in and who executed the foregoing instrument, and acknowl- edged that he [she or they] executed the same as his [her or their] free act and deed. [Signature and title.] No. 152. Minnesota — Acknowledgment by Attorney in Fact. State of Minnesota, County of , ss. On this day of , 19 — , before me personally appeared , to me known to be the person who executed the foregoing instrument in behalf of , and acknowledged that he executed the same as the free act and deed of said , [Signature and title.] 57 Acknowledgments. Forms 153-155 No. 153. Minnesota — Acknowledgment by Corporation or Joint Stock Companies. State of Minnesota, County of , ss. On this day of , 19 — , before me appeared , to me personally known, who, being by me duly sworn [or affirmed], did say that he is the president [or other officer or agent of the corporation or association] of [describing the corporation or association], and that the seal affixed to said instrument is the corporate seal of said cor- poration [or association], and that said instrument was signed and sealed in behalf of said corporation [or association] by authority of its board of directors [or trustees], and said acknowledged said instrument to be the free act and deed of said corporation [or asso- ciation], [Signature and title.] No. 154. Mississippi — Acknowledgment— General Form. State of Mississippi, County of , ss. Personally appeared before me [name and title of officer] the within named [and , his wife, if so], who acknowledged that he [or they] signed and delivered the foregoing deed [or mortgage, etc., as may be] on the day and year mentioned. Given under my hand [and official seal, if so], this day of , 19—. [Official seal, if any.] [Official signature.] No. 155. Mississippi — Proof by Subscribing Witness. State of Mississippi, County of , ss. Personally appeared before me [name and title of officer] the within named , one of the subscribing witnesses to the foregoing deed [or mortgage, etc., as may be], who, being first duly sworn, deposetli and saith that he saw the within named , whose name is sub- scribed thereto, sign and deliver the same to the said [or that he heard the said acknowledge that he signed and delivered the same to the said ] ; that he, this affiant, subscribed his name as a witness thereto, in the presence of the said . Given under my hand [and official seal], this day of , 19 — . [Official seal] [Official signature.] Forms 156-159 Cowdery's Form Book. 58 No. 156. Missouri — Acknowledgment — General Form. State of Missouri, County of , ss. On this day of , A. D. 19 — , before me personally appeared [and , his wife], who is [or are] personally known to me to be the person or persons described in and who executed the foregoing instrument, and acknoAviedged that he [or they] executed the same as his [or their] free act and deed. In witness whereof, I have hereunto set my hand and affixed my official seal, at my office, in , the day and year first above written. [Add here:] My commission expires , 19 — . [Official seal] [Official signature.] Wo. 157. Montana^-Acknowledgment— General Torm. State of Montana, County of , ss. On this day of , in the year , before me [here insert the name and quality of the officer] personally appeared , known to me [or proved to me on oath of ] to be the person whose name is subscribed to the within instrument, and acknowledged to me that he [or they] executed the same. NOTE.— Montana, Rev. Codes 1907, sec. 4663. No. 158. Montana— Acknowledgment by Corporation. State of Montana, County of , ss. On this day of , in the year , before me [here insert tlie name and quality of the officer] personally appeared. , known to me [or proved to me on tlie oath of ] to be the president [or secretary] of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. NOTE.— Montana, Rev. Codes 1907, sec. 4664. No. 159. Montana^Acknowledgment by Attorney in Tact. State of Montana, County of , ss. On this day of , in the year , before me [here insert name and quality of the officer] personally appeared , known to me [or proved to me on the oath of ] to be the person whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. NOTE.— Montana, Rev. Codes 1907, sec. 4666. 59 Acknowledgments. Forms 160-162 No. 160. Nebraskar— Acknowledgment by Husband and Wife. State of Nebraska, County of , ss. On the day of , A. D. 19—, before me [name and title of officer in and for said county], personally appeared and , his wife, to me personally known [or by the oaths of and , witnesses whose names are subscribed hereto, satisfactorily proved] to be the identical persons described in and whose names are affixed to the foregoing deed as grantor [or grantors] thereto, and severally acknowledged the said instrument to be their voluntary act and deed. Witness my hand [and official seal, if so], on the day last above written. [Official seal] [Official signature.] NOTE. — Montana, Eev. Codes, sec. 4666. No. 161. Nebraska— Acknowledgment by Single Person. State of Nebraska, County of , ss. On the day of , A. D. 19—, before me [name and title of officer] in and for said county personally appeared , to me per- sonally known [or by the oaths of and , witnesses whose names are subscribed hereto, satisfactorily proved] to be the identical person described in and whose name is affixed to the foregoing deed as grantor thereto and acknowledged the said instrument to be his voluntary act and deed. Witness my hand [and official seal, if so], on the day last above written. . [Official seal] [Official signature.] No. 162. Nebraskar-Proof by Subscribing Witness. State of Nebraska, County of , ss. On this day of , A. D. 19—, it satisfactorily appearing to me that the attendance of the said , the gi-antor in the foregoing conveyance, cannot be procured in order to make acknowledgment thereof [or that the said , the grantor, etc., is dead; or having executed and delivered the foregoing conveyance, refuses to make acknowledgment thereof], before me [name and title of officer], in and for said county, personally appeared , to me personally known [or by the oath of (one or more) witnesses, personally known or by the oath of (one or more) witnesses, whose names are hereto sub- scribed, to me satisfactorily proved] to be the identical person whose name is subscribed to the foregoing conveyance as attesting witness, who being first duly sworn on his oath, says that his place of residence Forms 163-165 Cowdery's Form Book. 60 is at , in the county of , and state of ; that he set his name to the foregoing conveyance as a witness; that he knew , the grantor in said conveyance, and knew to be the identical person described therein, and who executed the same, and saw him sign [or heard him acknowledge that he had signed] the same. In testimony whereof, I have hereunto set my hand [and seal] in said county the day and year last above written. [Seal] [OfiBcial signature.] No. 163. Nevada — Acknowledgment — General Form. State of Nevada, County of Storey, — ss. On this 3d day of June, A. D., one thousand nine hundred and sev- enteen, personally appeared before me, J. L., a notary public in and for the said county, A. B., known to me to be the same person described in and who executed the foregoing instrument, who acknowledged to me that he executed the same, freely and voluntarily, and for the uses and purposes therein mentioned. [Signature.] NOTE'.— Nevada, Rev. Laws 1912, eec. 1025. No. 164. Nevada — Acknowledgment by a Corporation. State of Nevada, County of , ss. On this day of , A. D. , personally appeared before me, a notary public [or judge or other officer, as the case may be], in and for county, A. B., known [or proved] to me to be the president [vice-president or secretary] of the corporation that executed the fore- going instrument, and upon oath did depose that he is the officer of said corporation as above designated; that he is acquainted with the seal of said corporation, and that the seal affixed to said instrument is the corporate seal of said corporation ; that the signatures to said instru- ment were made by officers of said corporation as indicated after said signatures; and that the said corporation executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. NOTE.— Nevada, Eev. Laws 1912, sec. 1025. No. 165. Nevada — Acknowledgment by Husband and Wife, State of Nevada, County of , ss. On this day of , one thousand nine hundred and , per- sonally appeared before me , a notary public in and for the said county, A. B. and his wife, L. B., known to me to be the persons described in and who executed the foregoing instnament, who acknowledged to me Ql Acknowledgments. Forms 166-168 that they each executed the same freely and voluntarily, and for the uses and purposes therein mentioned. [Signature.] NOTE.— Nevada, Kev. Laws 1912, sec. 1025. No. 166. Nevada— Proof of Instruments. State of Nevada, County of , ss. On this day of , A. D., one thousand nine hundred and , personally appeared before me , a notary public in and for the said county, A. B., satisfactorily proved to me to be the person described in and who executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, and for the uses and purposes therein mentioned. [Signature.] NOTE. — Nevada, Eev. Laws 1912, sees. 1023, 1025. No. 167. Nevada— Acknowledgment by Attorney in Fact. State of Nevada, County of , ss. On this day of , A. D. , personally appeared before me, a notary public [or judge or other officer, as the case may be] in and for county, A. B., known [or proved] to me to be the person whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name^ of the said thereto as principal, and his own name as attorney in fact, freely and voluntarily and for the uses and purposes therein mentioned. NOTE.— Nevada, Rev. Laws 1912, sec. 1025. No. 168. Nevada— Acknowledgment When Grantor is Unknown to Of&cer. State of Nevada, County of , ss. On this day of , A. D. , personally appeared before me, a notary public [or judge or officer, as the case may be] in and for the said county, A. B., satisfactorily proved to me to be the person described in and Avho executed the within conveyance, by the oath of C. D., a competent and credible witness, for that purpose by me duly sworn, and he, the said A. B., acknowledged that he executed the same freely and voluntarily, for the uses and purposes therein mentioned. NOTE.— Nevada, Eev. Laws 1912, sec. 1026. Forms 169-172 Cowdery's Form Book. 62 No. 169. Nevada — Acknowledgment by Subscribing Witness. State of Nevada, County of Storey, — ss. On this 3d day of June, 1917, before me, A. L., a notary public in and for the county of Storey, personally appeared C. D., personally known to me to be the person whose name is subscribed to the annexed instrument as a subscribing witness thereto. Tliat said witness was sworn by me to tell the truth and nothing but the truth about the execution by 0. M., of the said instrument. That said witness testified that he saw 0. M. sign his name as grantor to said conveyance at Cily of Carson, State of Nevada, on the second day of April, A. D. 1917, and the said 0. M. requested him to sign his name as a witness to said execu- tion, and he, said witness, then and there, subscribed his name as such vv'itness in the presence of the said gi-antor, and he personally testified that he knew said grantor to be the person described in and who exe- cuted the said instrument, and that he, said grantor, said to him (said witness) that he executed the said instrument freely and voluntarily and for the uses and purposes therein mentioned. [Signature.] NOTE.— Nevada, Rev. Laws 1912, sees. 1027-1030. No. 170. New Hampshire — Acknowledgment — General Form. State of New Hampshire, County of , ss. Personally appeared the above-named , and acknowledged the foregoing instrument to be his voluntary act and deed. Before me, this day of , 19 — . [Official seal] [OfBcial signature.] No. 171. New Hampshire — Acknowledgment by Husband and Wife. State of , County of , ss. Personally appeared the above-named and , his wife, and acknowledged the foregoing instrument to be their voluntary act and deed, this day of , 19 — . Before me, this day of , 19 — , [Signature and title.] No. 172. New Jersey— Acknowledgment — Qeneral Form. State of New Jersey, County of , ss. Be it remembered that on this day of , A. D. 19 — , before me, the subscriber [name and title of officer], personally appeared 63 Acknowledgments. Forms 173^ 174 [and , his wife, if so], who, I am satisfied, is the grantor [or are the grantors] named in and who executed the within indenture; and I, having first made known to him [or her or them] the contents thereof, he [or she or they] did thereupon [severally] acknowledge before me that he [or she or they] signed, sealed and delivered the same as his [or her or their] voluntary act and deed, for the uses and purposes therein expressed. And the said , wife of the said , being by me privately exam- ined separate and apart from her said husband, did further acknowl- edge that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of or from her said husband. In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. [Seal] [Official signature.] No. 173. New Jersey— Proof by Subscribing Witness. State of New Jersey, County of , ss. Be it remembered, that on this day of , A. D. 19 — , before me, the subscriber [name and title of officer], personally appeared , who being by me duly sworn according to law, on his oath saith, that lie saw , the within named grantor, sign, seal and deliver the within indenture, as his voluntary act and deed, and that he, the said , subscribed his name to the same, at the same time, as an attesting witness. Taken, sworn, and subscribed before me, this day of , A. D. 19—. In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. [Seal] [Official signature.] No. 174. New Jersey— Proof of Deed by Corporation. State of New Jersey, County of , ss. Be it remembered, that on this day of , A. D. 19 — , before me, the subscriber [name and title of officer], personally appeared , to me known, who being by me sworn according to law, on his oath doth depose and say: That he is [state what officer, or is acquainted with the seal] of corporation, the grantors in the foregoing deed named; that the seal affixed to the said deed is the corporate seal of the said [corporation] ; that it was so affixed by order of the said [corporation] ; that is the president [or other executive officer] Forms 175-177 Cowdery's Form Book. 64 of the said [corporation] ; that he saw the said , as such sign the said deed, and heard him declare that he signed, sealed and delivered the same as the voluntary act and deed of the said [corpora- tion] by their order; and that this deponent «igned his name thereto, at the same time, as a subscribing witness. (Signed) Subscribed and sworn before me, this day of , A. D. 19 — . In witness whereof, I have hereunto set ray hand and affixed my official seal, the day and year aforesaid. [Seal] [Official signature.] No. 175. New Mexico— Acknowledgment — General Torm. State of New Mexico, County of Colfax, — ss. On this 3d day of June, 1917, before me personally appeared A. B., to me known to be the person described in and who executed the fore- going instrument, and acknowledged that he executed the same as his free act and deed. [Signature.] NOTE.— New Mexico, Stats. Ann. 1915, sec. 9. No. 176. New Mexico — Acknowledgment by Attorney in Fact. State of New Mexico, County of Colfax, — ss. On this 3d day of June, 1917, before me personally appeared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowledged that he executed the same as the free act and deed of C. D. [Signature.] NOTE. — New Mexico, Stats. Ann. 1915, sec. 9. No. 177. New Mexico — Acknowledgment by Corporation or Association. State of New Mexico, County of Colfax, — ss. On this 3d day of .June, 1917, before me appeared A. B., to me per- sonally known, who, being by me duly sworn, did say that he was the president [or other officer or agent of the corporation or association] of [describing the corporation or association], and that the seal affixed to said instrument is the corporate seal of said corporation [or asso- ciation], and that said instrument was signed and sealed in behalf of said corporation [or association], by authority of its board of directors, or trustees, and said A. B. acknowledged said instrument to be the free act and deed of said corporation [or association], [Signature.] NOTE. — New Mexico, Stats. Ann. 1915, sec, 9. g5 Acknowledg:ments. Forms 178-180 No. 178. New York— Acknowledgment by Corporation. State of New York, County of , ss. On the day of , in the year , before me personally came , to me known, who, being by me duly sworn, did depose and say that he resided in ; that he is the [president or other officer] of the [name of corporation], the corporation described in and whicli executed the above instrument; that he knew the seal of said cor- poration; that the seal affixed to said instrument was such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order, [Signature and office of officer taking acknowledgment.] No. 179. New York— Acknowledgmeat^-Cxeneral Form. State of New York, County of , ss. On this day of , A. D. 19—, before me, personally came [or and , or and , his wife], to me known and known to me to be the individual [or individuals] described in. and who executed the within [or foregoing, etc.] instrument [or deed; etc.], and he [she or they severally] acknowledged to me that he [or she or they] executed the same. Witness my hand [and official seal, if so], this day of , 19—, rgeall [Official signature.] No. 180. New York— Proof of Deed of a Corporation by Its President or Other OfB.cer. State of New York, Coimty of , ss. On the day of , in the year , before me personally ^ame , to me known, who, being by me duly sworn, did depose and say that he resides in ; that he is the [president or other officer] of the [name of corporation], the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. [Signature and office of officer taking acknowledgment.] [If such corporation have no seal, that fact must be stated in place of the statements required respecting the seal.] JTorm Book — ft Forms 181-183 Cowdery's Form Book. 66 No. 181. New York — Acknowledgment by Attorney in Fact. State of New York, County of , ss. On this day of , A. D. 19 — , before me, personally came , the attorney of , known [or proven to me satisfactorily to be the individual described in, and who, as such attorney, executed the within instrument], and acknowledged that he executed the same as the act and deed of said therein described, and for the purposes therein mentioned, by virtue of a power of attorney duly executed by the said , bearing date the day of , 19 — [and state where and when recorded, if recorded, and place and time known]. Witness my hand [and official seal, if so], this day of , 19 — . [Seal] [Official signature.] No. 182. New York — ^Proof by Subscribing Witness. Scate of New York, County of , ss. On this day of , in the year , before me personally came , to me personally known, and known to me to be the same person whose name is subscribed to the foregoing instrument as wit- ness thereto, who, being by me duly sworn, said that he resides at No. , street, in the city of , and state of ; that he was personally acquainted with , and knew him to be the person described in, and who executed the said instrument, and that he saw film execute the same, and that he acknowledged to him, the said , that he executed the same, and that he, the said , thereupon sub- scribed his name as witness thereto. [Official seal.] [Signature and title.] No. 183. North Carolina — ^Acknowledgment by Husband and Wife. North Carolina, County. I, [here give name of officer, as the ease may be], do hereby certify that [here give name of gi'antors] personally appeared before me this day, and acknowledged the due execution of the fore- going [or annexed] deed of conveyance [or other instrument] ; and the said [here give wife's name] wife of said [here give husband's name] being by me privately examined, separate and apart from her liusband, touching her voluntary execution of the same, doth state that she signed the same freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still volun- tarily assent thereto. Witness my hand and seal [private or official, as the case may be] this day of , A. D. 19 — . C7 Acknowledgments. Forms 18i-187 No. 184. North Carolina^ Acknowledgment by Grantor. North Carolina, County. I, [here give the name of the official and his title], do hereby certify that [here give name of the grantor], personally appeared before me this day and acknowledged the due execution of the fore- going instrument. Witness my hand and official seal this day of . NOTE. — North Carolina, Eevisal 1908, sec. 1002. No. 185. North Carolina^-Proof of Conveyance by a Corporation Exe- cuted by President or Trustee and Two Other Members of the Corporation. North Carolina, County. This day of , A. D. , personally came before me [official title of officer] A. B. [name of subscribing witness], who, being by me duly sworn, says that he knows the common seal of the [give name of the corporation], and is also acquainted with C. D., who is the president or trustee; and also with E. F. and G. H., two other members of said corporation; and that he, the said A. B., saw the said president [or trustee] and the two said other members sign the said instrument, and saw the said president [or trustee] affix the said common seal of said corporation thereto, and that he, the said subscribing witness, signed his name as such subscribing witness thereto in their presence. Witness my hand and official seal this day of , 19 — , No. 186. North Dakota— Acknowledgment— General Term. State of North Dakota, County of , ss. On this day of , A. D. 19—, before me personally appeared , known to me [or proved to me on the oath of ] to be the person who is described in and who executed the within instrument, and acknowledged to me that he executed the same. [Sean [Signature and title.] NOTE. — North Dakota, Comp. Laws 1913, sec. 5574. No. 187. North Dalcota— Acknowledgment by Corporation. State of North Dakota, County of , ss. On this day of , in the year 19—, before me [here insert the name and title of the officer], personally appeared , known Forms 188-190 Cowdery 's Form Book. 68 lo me [or proved to me on oath of ] to be the [insert title of officer] of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation exe- cuted the same. [Seal] [Signature and title.] NOTE.— North Dakota, Comp. Laws 1913, sec. 5574. No. 188. North Dakota — Acknowledgment by Attorney in Fact. State of North Dakota, County of , ss. On this day of , A. D. 19 — , before me personally appeared , known to me [or proved to me on the oath of ] to be the person who is described in, and whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. [Seal] [Signature and title.] NOTE. — North Dakota, Comp. Laws 1913, sec. 5574. No. 189. Ohio — Acknowledgment — General Form. SbEte of Ohio, County of , ss. On this day of , A. D. 19 — , before me, a [state what officer] in and for said county, personally came A B [and C B, his wife], who executed the foregoing conveyance [or instrument] and severally duly !i:!knowledged that they executed the same as their free and voluntary act and deed for the uses and purposes therein expressed and men- tioned. Witness my official signature and seal on the day last above men- tioned. [Official seal] [Official signature.] No. 190. Ohio — Acknowledgment by Corporation. State of Ohio, County of , ss. Before the subscriber, a within and for said county, personally came , who is the president of the said company, and acknowl- edrced that the name of said company was subscribed to the foregoing indenture by himself as the president thereof, and that the seal affixed thereto is the seal of said company, and that said name was subscribed and said seal attached to the foregoing indenture by the direction and authority of said company, and that the foregoing indenture is the act and deed of the said • company for the uses and purposes therein mentioned. GO Acknowledgments. Forms 191-19i No. 191. OMo— Acknowledgment by Attorney in Fact. State of Ohio, County of On this day of , A. D. 19—, before me, a [state what officer] in and for said county, personally came , by , his [or their] attorney in fact, the grantor [or grantors] in the foregoing deed, and acknowledged the signing [and sealing] thereof to be the voluntary act and deed of said , for the uses and purposes therein mentioned. In testimony whereof, I have hereunto subscribed my name and affixed my official [or notarial] seal, on the day and year last afore- said. [Official seal] [Official signature.] No. 192. Oklahoma — Acknowledgment — Greneral Form. State of Oklahoma, County. Before me, a in and for said county and state, on this (Jay of , 19 — , personally appeared and , to me known to be the identical persons who executed the within and fore- going instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed, for the uses and pur- poses therein set forth. My commission expires . NOTE.— Oklahoma, Gen. Stats 1908, sec. 5417. No. 193. Oklahoma — Acknowledgment by Corporation. State of Oklahoma, County, ss. Before me, a , in and for said county and state, on this (jay of , 19 — , personally appeared , to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its [attorney in fact, president, vice-president, or mayor, as the case may be] , and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. NOTE. — Oklahoma, Gen. Stats. 1908, sec. 5424. No. 194. Oregon— Acknowledgment by Justice of the Peace — General Form. State of Oregon, County of Clackamas, — ss. Before the undersigned, a justice of the peace for the precinct of , in the county and state aforesaid, personally appeared the within Forms 195-197 Cowdery's Form Book, 7U [or above] named A. B. and C. D., his wife, to me known to be the individuals described in and who executed the within [or above] con- veyance [or power of attorney, as the case may be], and the said A. B. acknowledged that he executed the same, and the said C. D., being by me examined, separate and apart from her said husband, then and there acknowledged that she executed such conveyance freely, and with- out fear and compulsion from anyone; this day of , 19 — . E. R, Justice of the Peace. NOTE. — Oregon, Lord's Oregon Laws, vol. 1, p. 1053. This and the next following are the only statutory forms of acknowledgment in Oregon. No. 195. Oregon — Acknowledgment by Attorney in Fact Before Jus- tice of the Peace. State of Oregon, County of Clackamas, — ss. Before the undersigned, a justice of the peace for the precinct of , in the county and state aforesaid, appeared the within [or above] named [here insert the name of the principal in the conveyance], by his attorney in fact, within [or above] named C. D., to me known to be the individual described in and who executed the within [or above] conveyance for and on behalf of the said [insert the name of the prin- cipal], and acknowledged to me that he executed the same, this day of , 19 — . E. F., Justice of the Peace. NOTE. — Oregon, Lord's Oregon Laws, vol. 1, p. 1054. No. 196. Pennsylvania — Acknowledgment of Individuals (Single or Married). State of Pennsylvania, County of , ss. On this day of , A. D. 19 — , before me, came the above named and acknowledged the foregoing deed to be act and deed, and desired the same to be recorded as such. Witness my hand and seal, the day and year aforesaid. [Official character.] My commission expires . No. 197. Pennsylvania — Acknowledgment by Husband and Wife. State of Pennsylvania, County of , ss. Be it remembered, that on this day of , A. D. 19 — , before me, the subscriber, a [title of officer], duly commissioned in and for 71 Acknowledgments. Forms 198, 199 said county, personally came A. B. and C. B., his wife, and acknowledged the foregoing indenture to be their act and deed, and desired the same to be recorded as such. She, the said C. B., being of lawful acre, and bj' me examined separate and apart from her said husband, and the con- tents of said deed being first fully made known to her, did thereupon declare that she did voluntarily and of her own free will and accord, sign and seal, and as her act and deed, deliver the same v/ithout any coercion or compulsion of her said husband. Witness my hand and official seal, the day and year aforesaid. [Official seal] [Official signature.] No. 198. Pennsylvania — Proof of Deed by Corporation. State of Pennsylvania, Count}'' of , ss. Be it remembered, that on this day of , A. D. 19 — , before me, , a [title of officer], duly commissioned in and for said county, personally came , who being duly sworn [or affirmed], according to law, deposes and says that he was personally present and saw the common or corporate seal of the above-named [name of corporation] affixed to the foregoing indenture [or deed poll] ; that the seal so affixed is the common or corporate seal of the said [corporation], and was so affixed by the authority of the said corporation as the act and deed thereof; that the above-named is the president of said corpo- ration, and did sign the said indenture as such in the presence of this deponent; that this deponent is the secretary of the said corporation, and that the name of this deponent, above signed in attestation of the due execution of the said indenture, is of this deponent's own proper handwriting. Sworn to and subscribed before me, on this day of , 19 — . [Official seal] [Official signature.] No. 199. tennsylvania — Proof by Subscribing Witness. State of Pennsylvania, County of , ss. Be it remembered, that on this day of , A. D. 19 — , before me, , a [title of officer], duly commissioned in and for said county, personally came , one of the subscribing witnesses to the execution of the above indenture, who, being duly sworn [or affirmed], according to law, deposes and says that he saw the grantor above named, sign and seal, and as his act and deed, deliver the above deed [or con- veyance, etc.], for the use and purposes therein mentioned; and that he did also see subscribe his name thereunto as the other witness of such sealing and delivery, and that the name of this deponent there- Forms 200-202 Cowdery's Form Book. 72 unto set and subscribed as a witness is of this deponent's own proper handwriting. Sworn [or affirmed] to and subscribed before me, the day and year aforesaid. (Signed) Witness my hand and official seaL [Official signature and seal.] No. 200. Pennsylvania— Acknowledgment of Corporation by Attorney. I hereby certify that on this day of , in the year of our Lord, 19 — , before me, the subscriber [title of the officer], personally appeared , the attorney named in the foregoing [instrument] and by virtue and in pursuance of the authority therein conferred upon him, acknowledged the said [instrument] to be the act of the said [corpora- tion's name]. Witness my hand and seal the day and year aforesaid. No. 201. Rhode Island— General Form. State of Rhode Island, County of , ss. Be it remembered, that on this day of , A. D. 19 — , before me [name and title of officer], personally appeared the above named [and , his wife], and , each and all personally known to me, and known by me to be the party [or parties], executing the fore- going instrument, and acknowledged the said instrument by him [her or them] signed to be his [her or their] free and voluntary act and deed. In witness whereof, I have set my hand and seal, at , the day and year above written. [Seal] [Official signature.] Mo. 202. South Carolina— Prcof by Subscribing Witness. State of South Carolina, County of , ss. Personally appeared before me , who made oath that he saw sicn, seal and as his act and deed deliver the within written deed for the uses and purposes therein mentioned, and that he, with , in the presence of each other, witnessed the due execution thereof. (Signed) Sworn to before me, this day of , A. D. 19 — . [Official seal] > Notary Public in and for said Coun^. 73 Acknowledgments. Forms 203-206 No. 203. South Carolina — Wife's E-enunciation of Dower, State of South Carolina, County of , ss. I [name and full title of officer], do hereby certify to all whom it may concern, that , the wife of the within named , did this day appear before me, and upon being privately and separately examined by me, did declare that she does freely, voluntarily and without any compulsion, dread, or fear of any person or persons whomsoever, re- nounce, release and forever relinquish unto the within named , his heirs and assigns, all her interest and estate, and also all her right and claim of dower of, in, or to all and singular the premises within men- tioned and released. (Signed) Given under my hand and seal, this day of , A. D. 19 — . [Seal] [Official signature.] No. 204. South Carolina — Certificate of Proof by Subscribing Witness to Deed by a Corporation. State of , County of , ss. Personally appeared before me, H. B., and made oath that he saw C. B., as president, sign, affix the corporate seal of the within named Company, and as the act and deed of said corporation deliver, the within written deed; and that he with L. M. witnessed the execution thereof, H. B. Subscribed and sworn to before me, this day of , A. D. 19 — . Witness my hand and official seal. [Seal] [Signature and title of officer.] No. 205. South Dakota — Acknowledgment — General Form. State of South Dakota, County of , ss. On this day of , A. D. 19 — , before me personally appeared , known to me [or proved to me on the oath of ] to be the per- son who is described in and who executed the within instrument, and acknowledged to me that he executed the same. [Seal] [Official signature and title.] NOTE.— South Dakota, Comp. Laws 1913, sec. 981, C. C. No. 206. South Dakota — Acknowledgment by Corporation. State of South Dakota, County of , ss. On this day of , in the year 19 — , before me [here insert the name and title of the officer], personally appeared , known to Forms 207-209 Cowdery's Form Book. 74 me [or proved to me on oath of ] to be the [insert title of officer] of the corporation that is described in and that executed the within instrument, and acknowledged to me that such corporation executed the same. [Seal] [Signature and title.] NOTE.— South Dakota, Comp. Laws 1913, sec. 981, C. C. No. 207. South Dakota — Acknowledgment by Attorney in Fact. State of South Dakota, County of , ss. On this day of , A. D. 19 — , before me personally appeared -, known to me [or proved to me on the oath of ] to be the per- son who is described in and whose name is subscribed to the within instrument as the attorney in fact of , and acknowledged to me that he subscribed the name of thereto as principal, and his own name as attorney in fact. [Seal] [Signature and title.] NOTE. — South Dakota, Comp, Laws 1913, sec. 981. No. 208. Tennessee — Acknowledgment by One Person, Married or Single. State of Tennessee, County of , ss. Personally appeared before me, a [name and title of officer fully given], A. B. the grantor [or bargainor, etc.] in the foregoing [or within] instrument, with wliom I am personally acquainted, and who acknowledged that he executed the within deed [or instrument] for the purposes therein contained and expressed. Witness my hand and seal of office, this day of , A. D. 19 — . [Official seal] [Official signature.] No. 209. Tennessee — Acknowledgment by Husband and Wife. State of Tennessee, County of , ss. Personally appeared before me, a [name and title of officer] in and for , A. B. and C. B., his wife, the grantors [or bargainors, etc.] in the foregoing deed, with whom I am personally acquainted, and who acknowledged that they executed the said deed for the purposes therein contained and expressed ; and the said C. B., wife of the said A. B., hav- ing personally appeared before me privately and apart from her said husband, acknowledged the execution of said deed to have been done by her freely, voluntarily and understandingly, without compulsion or constraint of her said husband, and for the purposes therein expressed. Witness my hand and seal of office, this day of , A. D. 19 — . [Official seal] [Official signature.] 75 Acknowledgments. Forms 210-213 No, 210. Tennessee — Proof by Subscribing Witness. State of Tennessee, County of , ss. Personally appeared before me [give name of oflBcer and title] and , subscribing witnesses to the within instrument, who being first sworn, deposed and said that they are acquainted with , the bar- gainor, and that he acknowledged the said instrument in their presence to be his act and deed, on the day it bears date in their presence [or as date may be]. Witness my hand and seal this day of , 19 — . [Seal] [Signature and title.] No. 211. Tennessee — Acknowledgment by Corporation. State of , County of , ss. Before me , of the state and county aforesaid, personally appeared , with whom I am personally acquainted, and who, upon oath, acknowledged himself to be president [or other officer authorized to execute the instniment] of the , the within named bargainor, a corporation, and that he, as such , being authorized so to do, exe- cuted the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as . Witness my hand and seal, at office in , this day of . NOTE.— Tennessee, Code, Supp. 1903, p. 642; Laws 1899, c. 187. No. 212. Texas — Acknowledgment — Ordinary Form. Before me, [name and character of officer], on this day person- ally appeared , known to me [or proved to me on the oath of ] to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , A. D. [Seal] No. 213. Texas — Acknowledgment of Married Woman. Before me, [name and character of officer], on this day person- ally appeared , wife of , known to me [or proved to me on the oath of ] to be the person whose name is subscribed to the fore- going instrument, and having been examined by me privily and apart from her husband, and having the same fully explained to her, she, the said f acknowledged such instrximent to be her act and deed, and Forms 214-216 Cowdery's Form Book. 76 declared that she had -willingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of this office this day of , A. D. . No. 214. Texas— Acknowledgment by Husband and Wife. State of Texas, County of , ss. Before me [name and title of officer], in and for said county, on this day, personally appeared and , his wife, known to me [or proved to me, on the oath of ] to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein ex- pressed. And the said , wife of the said , having been examined by me privily, and apart from her husband, and having the same by me fully explained to her, she, the said acknowledged such instrument to me to be her act and deed, and she declared that she had Avillingly signed the same for the purposes and consideration therein expressed, and that she did not wish to retract it. Given under my hand and seal of office, this day of A. D. 19—. [Seal] [Official signature.] No. 215. Texas— Certificate of Proof by Witness. State of , County of . Before me, [name and character of officer], this day person- ally appeared , known to me [or proved to me on the oath of ] to be the person whose name is subscribed as a witness to the forego- ing instrument of writing, and, after being duly svvorn by me, stated on oath that he saw , the gi-antor [or person who executed the fore- going instrument], subscribe the same [or that the grantor or person who executed such instrument of writing acknowledged in his presence that he had executed the same for the purposes and consideration therein expressed] , and that he had signed the same as a witness at the request of the grantor [or person who executed the same]. Given under my hand and seal of office this day of A. D. . No. 216. Texas — Acknowledgment by Corporation. State of Texas, County of , ss. Before me [name and title of officer], in and for said county, on this day, personally appeared the [name of corporation], by its [presi- dent, presiding member, or trustee], known to me [or proved to ( 7 Acknowledgments. Forms 217-219 me on oath of ] to be the person whose name is subscribed to the foregoing instrument as [president, etc.], and who acknowledged the same to be the act of said corporation, and that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this day of , A. D. 19—. [Official seal] [Official signature.] No. 217. Texas — Proof by Subscribing Witness. State of Texas, County of , ss. Before me [name and title of officer], in and for said county, on this day, personally appeared , known to me [or proved to me on the oath of ], to be the person whose name is subscribed as a witness to the foregoing instrument of writing, and, after being duly sworn by me, stated on oath that he saw , the grantor [or person], who exe- cuted the foregoing instrument subscribe the same [or that said , the grantor (or person), who executed such instrument of writing, acknowledged in his presence that he had executed the same for the purposes and consideration therein expressed], and that he had signed the same as a witness at the request of the said grantor [or person who executed the same]. Given under my hand and seal of office, this day of , A. D. 19—. [Seal] [Official signature.] No. 218. Utah— Acknowledgment— General Form. State of Utah, County of , SB. On the day of , A. D. 19 — , personally appeared before me A. B., the signer of the above instrument, who duly acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my offi- cial seal, the day and year last above written. [Official seal] [Official signature.] NOTE.— Utah, Comp. Laws 1907, sec. 1989. No. 219. Utah — Proof by Subscribing Witness. State of Utah, County of , as. On this day of , A. D. 19 — , before me [name and title of officer], in and for said county, personally appeared E. F., personally known to me [or satisfactorily proved to me by the oath of G. H., a P'orms 220-222 Cowdery's Form Book. 78 competent and credible witness for that purpose, by me duly sworn], to be the same person whose name is subscribed to the annexed instru- ment as a witness thereto, v/ho, being by me duly sworn, deposes and says that he resides in [state where], that he was present and saw A. B., personally known to him to be the same person described in, and who executed the annexed instrument as a party thereto, sign, seal and deliver the same, and heard him acknowledge that he executed the same, and that he, the deponent, thereupon signed his name as a subscribing witness thereto at the request of the said A. B. In witness whereof, I have hereunto set my hand and affixed my offi- cial seal, the day and year last above written. [Official seal] [Ofacial signature.] NOTE.— Utah, Comp. Laws 1907, sec, 1994. No. 220. Utah — Acknowledgment by Oorporation. State of , County of , ss. On this day of , 191 — , personally appeared before me , who, being by me duly sworn, says that he is the president of , and that said instrument was signed in behalf of said corporation by authority of its by-laws [or by resolution of its board of directors] and said acknowledged to me that said corporation executed the same. In witness whereof [etc.], [Seal] [Official signature.] NOTE'.— Utah, Comp. Laws 1907, sec. 1989. No. 221. Vermont — Acknowledgment — General rorm. State of Vermont, County of , ss. ^t on this day of , A. D. 19—, personally appeared [or, and , his wife] ; the signer and sealer of the above [or within] written instrument, and acknowledged the same to be his free act and deed. [Official seal] [Official signature.] No. 222. Vermont— Certificate of Acknowledgment of Deed of a Corpo- ration. State of , County of , ss. At this day of , 19—, personally appeared , who 1ms executed the foregoing written instrument as the duly authorized agent of and acknowledged the same to be the free act and deed of said corporation, and that he, as such agent, freely executed the same. Before me. [Signature and title.] 79 Acknowledgments. Forms 224-22o No. 224. Virginia — Acknowledgment — General Form. State of Virginia, County of , ss. I [name and title of officer], of the county [or corporation] aforesaid, in the state of , do certify that [and , his wife], whose name is signed to the above [or within or annexed] writing, bearing date the day of , 19—, has acknowledged the same, before me, in my county [or corporation] aforesaid. Given under my hand [and official seal, if so], this day of , A. D. 19—. [Official seal, when so.] [Official signature.] No. 225. Virginia — Acknowledgment by Commissioner. State of , County of . I, , a commissioner appointed by the governor of the state of Vir- ginia for the said state [or territory or district] of , certify that E. F., whose name is signed to the writing above [or hereto annexed], bearing date on the day of , has acknowledged the same before me in my state [or territory or district] aforesaid. Given under my hand this day of . No. 226. Virginia — Acknowledgment by Corporation. State of Virginia, County of , ss. Be it remembered that on this day of , in the year of our Lord one thousand nine hundred and , before me, the subscriber, a [state what officer] in and for said county, personally came , by A. B., its president, and C. D., its secretary (who are personally known to me), a corporation, the grantor in the foregoing deed, and acknowl- edged the signing (and sealing) thereof to be its, and their, voluntary act and deed, for the uses and purposes therein mentioned. [Add here, if desired, especially for use outside of state:] And the said A. B. and C. D., being by me duly sworn, say that the said A. B. is president of said corporation and that said C. D. is secretary thereof; that they knovv' the corporate name and seal of said corporation; that the name signed and seal affixed to the foregoing deed is the name and seal of said corpo- ration, and that said name was signed, and seal affixed thereto, by order of the board of directors of said corporation; and that they, the said president and secretary, each signed (and sealed) said deed as such officers by like order of said board. In testimony whereof, I have hereunto subscribed my name, and affixed my official [or notarial] seal, on the day and year last aforesaid. [Official seal] [Official signature.] Forms 227-230 Cowdery's Form Book. 80 No. 227. Washington — Acknowledgment — General Form. State of Washington, County of Walla Walla, — ss. I [here give the name of officer and official title], do hereby certify that on this twentieth day of September, 1917, personally appeared be- fore me [name of grantor, and, if acknowledged by wife, her name, then add "his wife"], to me known to be the individual [or individuals] de- scribed in and who executed the within instrument, and acknowledged that he [or she or they] signed and sealed the same, as his [or her or their] free and voluntary act and deed, for the uses and purposes therein mentioned. [Signature.] NOTE.— Washington, Eem. Code, sec. 8761. No. 228. Washington — Acknowledgment by Corporation. State of Washington, County of Walla Walla, — ss. On this 3d day of June, A. D. 19 — , before me personally appeared A. B., to me known to be the [president, vice-president, secretary, treas- urer, or other officer or agent, as the case maj be] of the corporation that executed the foregoing instniment, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation for the' uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument; and that the seal affixed is the corporate seal of said corporation. [Signature.] NOTE.— Washington, Eem. Code, sec. 8761%. No. 229. Wisconsin — Acknowledgment by Husband and Wife. State of Wisconsin, County, ss. Personally came before me this day of , 19 — , the above [or within] named , and , his wife, to me known to be the persons who executed the foregoing [or within] instrument and acknowledged the same. No. 230. West Virginia — Acknowledgment — General rorm. State of West Virginia, County of , ss. I, , a commissioner appointed by the governor of the state of West Virginia for the said state [or territory, or district], of [or, , a justice of the county aforesaid; or, I, , a recorder of said eounty; or, I, , a notary of said county; or, I, , a prothonotary, or clerk, of the court of said county], do certify that , whose 81 Acknowledgments. Forms 231-233 name [or names] is [or are] signed to the writing above [or hereto annexed], bearing date on the day of , has [or liave] this day acknowledged the same before me, in my said state [or county, or dis- trict, etc., as may be] . Given under my hand, this day of . [Official signature.] No. 231. West Virginia— Acknowledgment by Husband and Wife. State of West Virginia, County of , ss. I, , a commissioner appointed by the governor of the state of West Virginia for the said state [or territory, or district] of [or, I, , a justice of the peace of the said county of ; or, I, , a notary of the said county of ; or, I, , prothonotary, or, clerk of the court, or county], of [or other officer or person author- ized to take acknowledgments as above, as the case may be], do certify that , and , his wife, whose names are signed to the writing above [or hereto annexed], bearing date the day of , 19 — , have this day acknowledged the same before me, in my said . Given under my hand, this day of , 19 — . [Official signature.] No. 232. West Virginia — Acknowledgment by Wife Subsequent to Husband. State of West Virginia, County of , ss. I, , a commissioner appointed by the governor of the state of West Virginia, for the said state [or territory, or district] of [or, I, , a justice of the peace of the said county of ; or, I, , a notary of the said county of ; or, I, , a prothonotary, or, clerk of the court, or, county], of [or other officer or person author- ized to take acknowledgments as above, as the case may be], do certify that , the wife of , whose names are signed to the writing above [or hereto annexed], bearing date the day of , 19 — , has this day acknowledged the same before me, in my said . Given under my hand, this day of , 19 — . [Official signature.] No. 233. West Virginia— Acknowledgment by Corporation. State of West Virginia, County of , ss. I, , a commissioner appointed by the governor of the state of West Virginia for the said state [or territory, or district] of ; [or. Form Book — 6 Forms 234, 235 Cowdery's Form Book. 82 I, , a justice of the peace of said county of ; or, I, , a notary of the said eoiTnty of ; or, I, , prothonotary, or, clerk of the court, or county], of [or other officer or person author- ized to take acknowledgments, as the case may be], do certify that personally appeared before me, in my said [county, etc.] and, being by me duly sworn [or affirmed], did depose and say that he is the presi- dent [or other officer or agent] of the corporation [or association] de- scribed in the writing above [or hereto annexed], bearing date the day of , 19 — , authorized by said corporation [or association], to execute and acknowledge deeds and other writings of said corporation [or association], and that the seal affixed to said writing is the corpo- rate seal of said corporation [or the seal of the said association, as the case may be], and that said writing was signed and sealed by him in behalf of said corporation [or association] by its authority duly given. And the said acknowledged the said writing to be the act and deed of said corporation [or association]. [Or, if the corporation has no corporate seal, or the association has no seal, omit the words "seal affixed to said writing is the corporate seal of said corporation" (or, the seal of said association, as the ease may be), and say: "Said cor- poration (or association) has no seal." And in such case omit the word "sealed" after the words "signed and," and insert in lieu of it the word "executed."] No. 234. Wisconsin — Acknowledgment by Single Person. State of Wisconsin, County of , ss. Be it remembered, that on this day came before me, the undersigned, , a notary public within and for the county aforesaid, duly com- missioned and acting, , to me well known as the grantor [or lessor, etc., as may be] in the foregoing deed [or lease, etc.] and stated that he had executed the same for the consideration and purposes therein mentioned and set forth. Witness my hand and seal, as such notary public, on this day of , 19—. [Official seal] [Official signature.] No. 235, Wisconsin — Acknowledgment by Corporation. State of Wisconsin, County of , ss. Be it known that on the day of , A. D. 19 — , before me, a notary public in and for the said county of and state of Wisconsin, personally appeared , president, and , secretary, of com- pany, personally known to me to be such president and secretary, and to be the same persons who executed the foregoing instrument for and on behalf of the said company, and whose names are thereto sub- 83 Acknowledgments. Forms 236-238 scribed, and severally duly acknowledged that they signed, sealed and delivered said instrument as such president and secretary, and as the free and voluntary act of said company, for the uses and purposes therein set forth ; and the said and , being by me first duly sworn, did each depose and say that they are respectively the president and secretary, as hereinbefore stated, of said company; that they know the corporate seal of said company; that the seal affixed to the foregoing instrument is the corporate seal of said company; that it was affixed by order of the board of directors of said company duly made, and that they signed their respective names thereto as such presi- dent and secretary by like order. Given under my hand and seal this day of , A. D. 19 — . [Notarial seal] , Notary Public. My commission expires , No. 236. Wisconsin — Certificate of Acknowledgment Before Notary Public by Husband and Wife. State of Wisconsin, County of , ss. Personally came before me this day of , 19 — , the above [or within] named A. B. and C. B., his wife [or if an officer, adding name of his office], to me known to be the persons who executed the foregoing [or within] instrument and acknowledged the same. [Signature and designation of officer.] No. 237. Wyoming — Acknowledgment — General Form, State of Wyoming, County of Laramie, — ss. I [here give the name of the officer and his official title], do hereby certify that [name of the grantor, and if acknowledged by a wife, her name, and add "his wife"] personally known to me to be the same per- son whose name is [or are] subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he [she or they] signed, sealed and delivered said instrument as his [her or their] free and voluntary act, for the uses and purposes therein set forth. [Signature.] NOTE.— Wyoming, Comp. Stats. 1910, sec. 3644. No. 238. Wyoming — Acknowledgment, When Releasing Homestead. State of , County of , ss. I, , do hereby certify that , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, Forms 239, 240 Cowdery's Form Book. 84 sealed and delivered said instrument as his free and voluntary act, foi- the uses and purposes therein set forth [including the release and waiver of the right of homestead]. Given under my hand and seal this day of , 191 — . [Seal] [Official signature.] No. 239. Wyoming — Acknowledgment by Married Woman Where Right of Homestead is Involved. State of , County of , ss. I, , do hereby certify that , wife of , known to me to be the same person whose name is subscribed to the foregoing instru- ment, personally appeared before me this day, and acknowledged that she signed, sealed, and delivered said instrument as her free and vol- untary act for the purposes therein set forth, including the release and waiver of the right of homestead. In witness whereof [etc.]. [Seal] [Official signature.] No. 240. Acknowledgment Before United States Consul. United States Consulate General, City of Paris, Republic of France, — ss. On the day of , 191 — , before me, the consul-general [or vice-consul-general] of the United States of America, resident in [as city and country may be], personally came , to me known, and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged that he executed the same. In witness whereof I have hereunto set my hand and affixed the seal of the United States consulate at the city of Paris, Republic of France, the day and year first above written. [Seal] [Official signature.] NOTE. — Every secretary of legation and consular ofEoer is hereby au- thorized, whenever he is required or deems it necessary or proper so to do, at the post, port, place or within the limits of his legation, consulate or commercial agency, to administer to or take from any person an oath, affirmation, affidavit or deposition, and to perform any notarial act which any notary public is required or authorized by law to do within the United States. Every such oath, affirmation, affidavit, deposition and notarial act administered, sworn, affirmed, taken, had or done, by or before any such officer, when certified under his hand and seal of office, shall be as valid and of like force and effect within the United States, to all intents and purposes, as if administered, sworn, affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto: See U. S. Rev. Stats., sec. 1750. 85 Acknowledgments — Admission to Practice. Form 241 No. 241. Certificate of Officer's Authority. State of , County of , ss. I, , clerk of the court in and for said county, which court is a court of record, having a seal, do hereby certify that , by and before whom the foregoing acknowledgment was taken, was, at the time of taking the same, a notary public, residing in said county, and was duly authorized by the laws of said state, to take and certify acknowl- edgments or proofs of deeds of land in said state, and, further, that I am well acquainted with the handwriting of said , and that I verily believe that the signature to said certificate of acknowledgment is genuine. In testimony whereof I have hereunto set ray hand and affixed the seal of the said court this day of , 191 — . [Seal] [Official signature.] ADJUDICATION. Adjudication that Debtor is not Bankrupt, No. 670. Adjudicatioa of Bankruptcy, No. 671. ADMINISTRATORS. Sec Executors and Administrators. Administrator's Lease, No. 3023. ADMISSION. Admission of Service of Order to Show Cause on Sale of Keal Estate, No. 3079. ADMISSION TO PRACTICE. 245. Application for admission. 246. Certificate of qualifications after examination. 247. Certificate of qualification — Oath of attorney. 248. Oath of attorney at law — Colorado. 249. Oath of attorney at law — South Dakota. INTRODUCTORY NOTE. Anyone having a license entitling him to practice law before the supreme court of any state or territory will be admitted on motion, before the appellate court, on presentation of such license and evi- dence of good moral character, to practice in all the courts of this state; otherwise, he will have to take the regular public oral ex- amination. Every citizen of the United States, or resident of this state, who has bona fide declared his intention of becoming a citi- zen, who has been licensed to practice in another jurisdiction where the common law is the basis of the prevailing law, may be admitted to practice in this state by any district court of appeal upon pro- Cowdery's Form Book. 86 duction of such license and proof of good moral character; but the court may examine the applicant as to his qualification. Such motions and examinations are now held before the district courts of appeal, of which there are three : First district, in San Francisco ; second district, in Los Angeles; and third district, in Sacramento. The fourth Monday of each month is the regular motion day of each district court of appeal, but motions can be made any time that the courts are in session. The rule governing applications for admission to practice, on examination, is as follows : 1. Applicants for license to practice as attorneys and counselors will be examined in open court, and at such regular times as each district court shall fix. Until further order the examination will be based upon the following books: Blackstone's Commentaries, Kent's Commentaries, Greenleaf 's Evidence (first volume). Story's Equity Jurisprudence, Gould's Pleading, Lube's Equity Pleading, Parsons on Contracts, Pomeroy's Introduction to Municipal Law, Code of Civil Procedure, Civil Code, Constitutions of the United States and of the State of California. Persons applying for ad- mission, whether upon examination or motion, must personally ap- pear in court at the time the application for admission is made. No applicant will be examined unless there shall have been filed with the clerk of the court, before the day on which the examination is held, a certificate signed by at least two attorneys of the court, each of whom shall have been regularly engaged in practice as such attorney for at least four years next theretofore, stating, in sub- stance, that they have, and that each of them has, carefully and diligently examined the applicant in point of learning in the law ; that it satisfactorily appeared to tliem, and to each of them, upon such examination, that the applicant had been engaged in the study of the law for a period of time to be named in the certificate, nam- ing the place at which, and the person under whom, if any, such study had been prosecuted; that the applicant had, during that time, read certain books of law, which books shall be enumerated in the certificate; and stating any other fact tending to show the character of the attainments of the applicant, and also stating that, in their opinion, the applicant possesses the requisite qualifica- tions in point of learning in the law to be entitled to be admitted to practice. 2. The fee for license must, in all cases, be deposited with the clerk of such court before the application is made, to be returned to the applicant in case of rejection. (Fee, $10.) 3. No person rejected shall be at liberty to renew the application in any court earlier than six months after such rejection. 87 Admission to Practice. Forms 245 -2 17 No. 245. Application for Admission. To the Honorable the Presiding Justice and Associate Justices of the District Court of Appeal in and for the First Appellate District. The undersigned respectfully applies for admission to practice as an attorney and counselor at law in all the courts of this state, if found qualified upon examination. I am years of age, a citizen of the United States, and reside at . Herewith I present the certificate required by the rule of the supreme court and of the district court of appeal in and for the first appellate district and section 276 of the Code of Civil Procedure. Dated , 19—. [Signature.] No. 246. Certificate of Qualifications After Examination. In the Matter of the Application of to be Admitted to Practice. To the Honorable the Presiding Justice and the Associate Justices of the District Court of Appeal in and for the First Appellate District of the State of California. We the undersigned, attorneys of your honorable court, respectfully certify that we are, and each of us has been, duly licensed and regularly engaged in practice therein for the period of four years last past; that we have, and each of us has, carefully and diligently examined , the above-named applicant, touching his qualifications in point of learn- ing in the law to be admitted to practice ; that it satisfactorily appears to us, and each of us, upon such examination, that the said applicant has been engaged in the study of the law for the period of years at , under the supervision of ; that said applicant has during said period read the following books of law, viz.: ; that said applicant is known to us to be a person of good moral character, and, in our opinion, possesses the requisite qualifications in point of learning in the law to be entitled to admission to practice. Witness our hands the day of , 19 — , [Signatures.] No. 247. Same — Oath of Attorney. District Court of Appeal of the State of , in and for the Appel- late District, — ss. I do solemnly swear that I will support the constitution of the United States and of the state of , and that I will faithfully discharge the duties of an attorney and counselor at law of the several courts of this state to the best of my knowledge and ability. [Signature.] Subscribed and sworn to [etc.]. [OfiBcial signature.] NOTE.— California, Code Civ. Proc, sec. 278; Montana, Eev. Codes 1907, see. 6384. Forms 248, 249 Cowdeby's Form Book, 88 ITo. 248. Oath of Attorney at Law — Colorado. State of , Count}' of , ss. I, , do solemnly swear, by the ever-living God [or, I, , do solemnly and truly declare and afiBnn under the pains and penalties of perjury], that I will support the constitution of the United States and of the state of , and that I will in all things faithfully execute the duties of an attorney and counselor at law according to the best of my understanding and abilities. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] No. 249. Oath of Attorney at Law — South Dakota. State of , County of , ss. I do solemnly swear that I will support the constitution of the United States, and the constitution of the state of ; that I will do no falsehood or consent that any be done in court, and if I know of any that I will give knowledge thereof to the judges of the court, or some one of them, that it may be reformed ; that I will not willingly, willfully, or knowingly promote, sue or procure to be sued any false or unlawful i;uit, or give aid or consent to same; and that I will delay no man for lucre or malice, but will act in the office of attorney and counselor at law to my best learning and discretion, with all good fidelity as well to the court as to my client. So help me God. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] ADOPTION. 250. Petition for leave to adopt minor. 251. Consent to adoption. 252. Consent to adoption — Wyoming. 253. Agreement to adopt. 254. Order of adoption. 255. Decree of adoption. INTRODUCTORY NOTE. Any person desiring to adopt a child may, for that purpose, peti- tion the superior court of the county in which the petitioner re- sides. The (1) persons adopting a child, and (2) the child adopted, and (3) the other persons, if within or residents of said county, whose consent is necessary, must appear before the court, and (4) the necessary consent must thereupon be signed and (5) an agreement executed by the person adopting, to the effect that the child shall be adopted and treated in all respects as his ovm 89 Adoption. Forms 250, 251 lawful child should be treated. If the persons whose consent is necessary are not within or are not residents of said county, then (6) their written consent, duly proved or acknowledged, (7) must be filed in said superior court at the time of the application for adoption. NOTE.— California, Civ. Code, see. 226. No. 250. Petition for Leave to Adopt Minor. [Title of Court and Matter.] To the Honorable the Court of the , County of , State of . Your petitioners, and , respectfully represent as follows: That they desire to adopt a minor child, namely, , as their own child; and that said child is ( — ) years of age; That your petitioners are married, and are husband and wife; and (hat they are both residents of ; That the parents of said minor child are and , who consent that such adoption be made by petitioners; That consent to such adoption is in writing, signed by all parties whose consent is required by law, and is on file herein; That the welfare of such child will be subserved, and its best interests promoted, by such adoption. Your petitioners therefore pray for an order of this court that said petitioners have adopted said minor child, and that henceforth such cliild shall be regarded and treated in all respects as the child of peti- tioners, including the right of support, protection, and inheritance. Dated , 191—. , Petitioner. No. 251. Consent to Adoption. [Title of Court and Matter.] A petition having been filed in the above-entitled court for leave to adopt , a minor child of and , the undersigned hereby con- sent to the said adoption in accordance with such petition. [Signatures.] NOTE. — Father, mother, gnardian, minor child, if over twelve years of age, and of husband or wife adopting should sign. When the consent of the husband or wife of the person adopting is required by statute, as in California, the consent should also be signed by such husband or wife. Forms 252-254 Cowdery's Form Book. 90 No. 252. Consent to Adoption — Wyoming. [Title of Court.] To Isaac Bergman, Judge of Probate: The undersigned, Mrs. Esther Leonard, would respectfully represent that she is the mother of Emily Leonard, a minor female child of the age of four years, and is willing to relinquish all right to the said Emily Leonard to Michael Powell and Elizabeth Powell, his wife, who have signified their willingness to adopt said child and to assume the relation of parents to her; and she further represents that she is a resident of Laramie county, Wyoming. Sworn to and subscribed to [etc.]. [Signature.] NOTE.— Precedent in Nugent v. Powell, 4 Wyo. 173, 62 Am. St. Eep. 17, 20 L. R. A. 199, 33 Pae. 23. No. 253. Agreement to Adopt. [Title of Court and Matter,] A petition having been filed in the above-entitled court for leave to adopt , a minor child of and , and , , , , and , having filed in the said court their consent in writing to such adoption : Now therefore, in consideration of the filing of such consent as re- quired by law, and of the entry of an order of said court permitting said adoption to be made as prayed for in said petition, the undersigned, the petitioners, who are residents of the county in which such order of adoption is made, hereby agree with said minor, and with said other persons, whose consent has been filed as aforesaid, that the said shall be adopted, and is now adopted, as our own child, and that such minor child shall be treated in all respects as our own lawful child should be treated, including the right of support, protection, and inheritance. In witness whereof we have hereunto set our hands this day of , 19—. [Signatures.] No. 254. Order of Adoption. [Title of Court and Proceeding.] It being shown to this court, in the above-entitled matter, that and , on the day of , 191 — , filed a petition in said court for leave to adopt , a minor child of and ; that said minor child, , is over the age of years, and that his consent, in writ- ing, to his adoption by said petitioners, has been signed before me and filed herein; that the said -^— is the father of said minor child; that the said is the mother of said minor child; that is the guardian 91 Adoption — Adverse Claims. Form 255 of said minor child; that the consent of the said father, mother, and guardian of said minor child, to his adoption by said petitioners, has been signed before me and filed herein; and that said petitioners have filed herein an agreement properly signed, before me, with said minor child, and with each person whose consent has been filed herein, that the said minor child shall be adopted by the said petitioners, and treated in all respects as their own lawful child should be treated, including the right of inheritance; and the said matter now coming regularly on for hearing, the court proceeds to an examination of the case, and finds that said petitioners, and the said minor child, and all persons Avhose consent is necessary, have each appeared herein, and were examined as provided by law; that each of said petitioners resides in this county and that the interests of , the said minor child, will be promoted by such adoption : It is therefore ordered, adjudged, and decreed that the said petitioners, and , adopt the said minor child; that henceforth the said minor child shall be treated by them in all respects as their own lawful child should be treated, including the right of inheritance ; and that said petitioners and the said minor child shall hereafter bear towards each other the relation of parent and child. Dated , 19—. Judge of the Court. No. 255. Decree of Adoption. County of Tulare, — ss. The hereto attached agreement of Samuel Evans, adopting the minor child, Hattie Brown, aged about nine years, whose parents are both dead, is hereby approved by me, and ordered filed with the county clerk of said Tulare county, state of California. Dated January, 16, 1882. William W, Cross, Superior Judge. NOTE.— This order of adoption was upheld in In re EVans, 106 Cal. 562, 39 Pac. 860, and was held to fulfill the requirements of section 227 of the California Civil Code, relating to the adoption of children; Garoutte, J., say- ing that "the statute lays down no rules by which the form of the judge's order should be measured and its sufficiency tested. The real purpose of the statute in requiring the parties to come before the judge is to enable him either to ratify or reject the contract of adoption, as seems best to him in the interest of the child; and such was the course pursued in the present ADVERSE CLAIMS. See Quiet Title. Adyerse Claim on Application for Mining Patent, No. 2641. Cowdery's Form Book. 92 AFFIDAVITS. 268. Affidavit— General, 267. Afiidavit of posting probate notice. 268. ASidavit of posting any notice. 269. Affidavit of posting notice of settlement of account. 270. Affidavit of service of notice or paper upon attorney or party, by delivery. 271. Affidavit of service of notice or paper upon attornoy, absent from office, by leaving it witti clerk or person in charge. 272. Affidavit of service of notice or paper upon attorney wtiose office is open but no one in. 273. Affidavit of service of notice or paper upon attcme3T whose office is not open, but whose residence is in same county v/ith office. 274. Affidavit of service of notice or paper, by mail, upon attorney whose office address is known but whose residence is unknown. 275. Affidavit of service of notice or paper, by mail, upon attorney whose office address is unknown but whose residence is known. 276. Affidavit of service of notice or paper upon attorney, neither his office address nor residence being known. 277. Affidavit of service of notice or paper upon party whose residence is known. 278. Affidavit of service of notice or paper upon party whose residence is not known. 279. Affidavit by redemptioner. 280. Affidavit of merits. 281. Affidavit on motion for leave to file supplemental complaint. 282. Affidavit by attorney of service by mail. 283. Affidavit by third person of service by mail. CROSS-REFERENCES. Affidavit, Annual, by Corporation, No, 1319. Affidavit Constituting Articles of Incorporation of Church or Society — Utah, No. 1342. Affidavit for Attacliment, No. 563. Affidavit for Attachment Against Nonresident, No. 564. Affidavit for Attachment — Justice's Court — New Mexico, No. 567. Affidavit for Attacliment — New Mexico, No. 566. Affidavit for Attachment When Plaintiff has Lien upon Logs and Timber for Labor Performed, No. 2512. Affidavit for Change of Place of Trial on Ground of Interest, Prejudice or Bias — Justice's Court, No. 866d. Affidavit for Change of Place of Trial on Account of Bias or Prejudice of Citizens — Justice's Court, No. S66b. Affidavit for Change of Place of Trial Because of Justice Being a Witness — Justice's Court, No. 866c. Affidavit for Change of Venue, No. 865. Affidavit for Continuance, No. 1154. Affidavit for Garnishment, No. 601. Affidavit for Order for Nonresident Witness to Attend, No. 3436, Affidavit for Order of Arrest — Departing to Defraud Creditors, No. 434. Affidavit for Order of Arrest — Money Received in a Fiduciary Capacity, No. 435. Affidavit for Order of Arrest — Personal Property Unjustly Detained, No. 436. Affidavit for Order of Arrest — Fraud in Contracting Debt, No. 437, Affidavit for Order of Arrest for Fraudulent Concealment of Property, No. 438. 93 Affidavits. Affidavit for Ov(\ot Shortening Time for Examination of "Witness, No. 1540. Affidavit for Publication Where Defendant Resides Out of the State, No. 3574. Affidavit for Relief from Default, No. 1502. Affidavit for Removal of Executors for Mismanagement, No. 1811. Affidavit for Substitution of Party, No. 3500. Affidavit for Transfer of Securities, Deposits, etc.. No. 2130. Affidavit in Support of Motion for New Trial on Ground of Abuse of Dis- cretion by Court, No. 2761. Affidavit of Administrator to Inventory and Appraisement, No. 2197. Affidavit of American Manufacture of Copyright Book, No. 1259. Affidavit of Annual Work and Improvements, No. 2624. Affidavit of Appraisers to Inventory and Appraisement, No. 2198. Affidavit of Appraisers to Their Bill for Services, No. 2200. Affidavit of Auctioneer on Return of Sale of Personal Estate, No. 3109. Affidavit of Auctioneer on Return of Sale of Personal Property, No. 3110. Affidavit of Chairman as to Incorporation of Joint Stock Company or Association — Colorado, No. 1341. Affidavit of Chairman as to Incorporation of Society, Church or Congrega- tion—Colorado, No. 1324. Affidavit of Contempt by Attorney in Willfully Neglecting His Duty, No. 1120. Affidavit of Contempt by Clerk in Neglecting to Enter Default, No. 1115. Affidavit of Contempt by Disobedience of Subpoena, No. 1103. Affidavit of Contempt by Dissuading Witness from Attending Court, No. 1119. Affidavit of Contempt by Member of Jury in Conversing About Merits of Action, No. 1105. Affidavit of Contempt by Person Assuming to be Attorney Without Au- thority, No. 1111. Affidavit of Contempt by Person Summoned as Juror, Improperly Con- versing About Merits of Action, No. 1106. Affidavit of Contempt by Re-entry into Real Property After Ejectment, No. 1118. Affidavit of Contempt by Referee in Neglecting to Take Testimony, No. 1109. Affidavit of Contempt by Unlawful Interference With the Proceedings of a Court, No. 1107. Affidavit of Contempt for Refusing Permission to Take Copy of Account, No. 1110. .Affidavit of Contempt in Abusing Process of Court, No. 1112. Affidavit of Contempt in Applying for Order After Refusal Thereof by Another Judge of Same Court, No. 1113. Affidav Affidav Affidav No Affidav Affidav Affidav Affidav Affidav Affidav Affidav Affidav Affidav Affidav Affidav Affidav t of Contempt in Disobeying Mandate of Court, No. 1114. t of Contempt in Refusing to Obey Order of Court, No. 1117. t of Contempt in Rescuing a Person in the Custody of an Officer, 1108. t of Contempt in Unlawfully Detaining Witness, No. 1104. t of Contempt in Willfully Neglecting to Serve Subpoena, No. 1116. t of Defendant on Motion for Alimony, No. 1581. t of Five Hundred Dollars Improvements, No. 2631. t of Inability to Give Security for Costs — Kansas, No. 1361. t of Location of Lode Claim — Idaho, No. 2623. t of Lost Bill, or Note in Bankruptcy, No. 704. t of Finder of Lost Property, No. 2556. t of Mailing Copy of Summons, No. 3579. t of Owner to Notice of Completion, No. 2507. t of Mailing Notice of Probate to Heirs, No. 3961. t of Mailing Notice to Creditors, No. 551. Cowdery's Form Book. 94 Affidavit of Merits, Kos. 280. SHfi. Affidavit of Personal Service on Heirs, No. 3963. A/Sdavit of Posting Notice of Application for Letters of Administration, No. 1752. Affidavit of Posting Notice of Sale of Real Estate— Eeturn Schedule "A,' No. 3094. Affidavit of Publication, No. 3.^80. Affidavit of Publication of Notice of Sale of Personal Estate, No. 3108. Affidavit of Publication of Notice of Sale of Real Estate— Return Schedule "B," No. 3095. Affidavit of Publication of Notice of Probate of Will, No. 3962. Affidavit of Publication of Notice to Creditors, No. 2802. Affidavit of Publication of Notice to Creditors by Assignee, No. 550. Affidavit of Rcdemptioner, No. 1954. Affidavit of Residence and of Merits for Change of Place of Trial, No. 864. Affidavit of Sale of Real Estate at Public Sale— Return Schedule "C," No. 3096. Affidavit of Service of Subpoena in Civil Proceeding, No. 3447. Affidavit of Service of Subpoena in Criminal Action, No. 3448. Affidavit of Service of Summons, No. 3552. Affidavit of Sureties on Bail Bond in San Francisco, No. 2288. Affidavit of Sureties on Official Bond, No. 2289. Affidavit on Behalf of Owner to Notice of Completion, No. 2508. Affidavit on Claim and Delivery of Personal Property, No. 884. Affidavit on Motion for Continuance on Ground of Surprise by Forged Writ- ten Evidence, No. 1155. Affidavit on Motion to Modify or Correct an Award, No. 407. Affidavit on Motion to Open Default, No. 1501. Affidavit on Motion to Vacate Judgment on Award, No. 401. Affidavit Required of Sole Trader, No. 3373. Affidavit That Arbitrators have not Made Their Award, No. 416. Affidavit That Defendant is Concealing Himself to Avoid Service, No. 3578. Affidavit That Guardian Refuses to Properly Support "Ward, No. 2013. Affidavit That Infant is Imperiled, With Request That Guardian be Ap- pointed, No. 2000. Affidavit That Notice of Filing Award has Been Served, No. 400. Affidavit to Account, No. 16. Affidavit to Chattel Mortgage on Behalf of Corporation, No. 2716. Affidavit to Claim — Oregon, No. 2520. Affidavit to Claim for Mechanic's Lien — Washington, No. 2510. Affidavit to Claim of Lien — Fishing Industry — Oregon, No. 2517. Affidavit to Claim of Lien for Propagating Animals, No. 2515. Affidavit to Claim of Property by Third Person, No. 894. Affidavit to Complaint for Forcible Entry and Detainer — New Mexico, No. 1904. Affidavit to Creditor's Claim, No. 1386. Affidavit to Creditor's Claim by Person Representative of Claimant, No. 1395. Affidavit to Creditor's Claim of Corporation or Partnership, No. 1387. Affidavit to Inventory of Assignor for Benefit of Creditors, No. 546. Affidavit to Obtain Order for Examination of Judgment Debtor in Supple- mentary Proceedings, No. 3610. Affidavit to Obtain Order for Examination of Debtor of Judgment Debtor, or of his Bailee, No. 3612. Affidavit to Take Deposition of Witness Within State, No. 1537. Affidavit to Take Deposition of Witness Out of State, No. 1545. Affidavit Where Creditor had no Notice by Reason of Absence from the State, No. 1388. 95 Affidavits. Form 266 INTRODUCTORY NOTE. Affidavits are used to verify any paper in an action or in any matter permitted by law to be done. The affidavit, or a copy, certified by the judge of the court or clerk having it in custody, is prima facie evidence of the facts stated therein. The affidavit may be taken before any judge or clerk of any court, or any justice of the peace or notary public in California. If taken in another state of the United States, to be used in California, it may be taken before a commissioner appointed by the governor, or before a notary public in another state, or before a judge or clerk of a court of record having a seal. If taken in a foreign country to be used in California, it must be taken before an ambassador, minister, consul, vice-consul or consular agent of the United States, or before any judge of a court of record having a seal, in such foreign country. If taken before a judge of a court in another state, or in a foreign country, the genuineness of the signature of the judge, the existence of the court and the fact that such judge is a member thereof must be certified by the clerk of the court under the seal thereof. NOTE. — Alaska, Comp. Laws 1913, sees. 1469, 1470; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1764, 1765; California, Code Civ. Proc, sees. 2009- 2015; Colorado, Mill's Ann. Stats. 1912, sees. 2253, 2254; Idaho, Rev. Codes 1907, sees. 6056, 6057; Kansas, Gen. Stats. 1915, see. 7238; Montana, Rev. Codes 1907, sees. 6332, 7995-7998; Nebraska, Rev. Code 1913, sec. 7937; Nevada, Rev. Laws 1912, sees. 5450-5453; New Mexieo, Stats. Ann. 1915, sec. 3932; North Dakota, Comp. Laws 1913, sec. 7888; Oklahoma, Harris & Day's Code 1910, sec. 5068 et seq.; Oregon, Lord's Oregon Laws, sees. 829, 830; South Dakota, Comp. Laws 1913, sec. 508; Utah, Comp. Laws 1907, sees. 3442-3448; Washington, Rem. Code, sees. 59, 60, 8298; Wyoming, Comp. Stats. 1910, sec. 4561. No. 266. Affidavit— General. State of California, County of Nevada, — ss. W. J., being duly sworn, says: That on the first day of July, 1917, I resided at Grass Valley, in said county ; that at the time last aforesaid W. H. P. was a resident of the same place. I was well acquainted with the said P. until his death, which occurred on the day aforesaid. Previ- ous to this, the said P. informed me that he was the only son of H. P. P., of Rochester, state of New York. At the time of his death he was about forty years old. He had light hair and blue eyes. He weighed about one hundred and eighty pounds. I am ready to testify to the foregoing matters at any time when called upon to do so. My age is seventy-three, and I reside at Red Dog, in said county. [Signature.] Subscribed and sworn to [etc.]. Forms 267-269 Cowdery's Form Book. 96 No. 267. Affidavit of Posting Probate Notice. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. B. L., of said city and county, being duly sworn, says: That he is over the age of eighteen years, not interested in or a party to the estate of T. J., deceased; that on the sixth day of January, 1917, he posted cor- rect and true copies of the foregoing notice in three of the most public places in said city and county, to wit, one of the said copies at the place at which the court is held, one at the United States postoflfice, and one at the Hall of Justice, in said city and county. [Signature.] Subscribed and sworn to [etc.]. No. 268. Affidavit of Posting Any Notice. State of California, City and'County of San Francisco, — ss. J. L., being duly sworn, says: That he is over the age of eighteen years, and not interested in nor a party to the matter referred to in the annexed notice; that on the first day of March, 1917, he posted three notices, of which the above is a copy, in three of the most public places in the said city and county, to wit, one of said notices at the United States postoffice, one at the Hall of Justice, and one at the place where the said superior court is held, in said city and county. [Signature.] Subscribed and sworn to [etc.]. No. 269. Affidavit of Posting Notice of Settlement of Account. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. R. S., of said city and county, being duly sworn, says : That he is over the age of eighteen years, not interested in the estate of T. J., deceased, and is not a party thereto ; that on the sixteenth day of June, 1917, he posted correct and true copies of the above notice in three of the most public places in said city and county, to wit, one of said copies at the place at which the court is held, one at the United States postoffice, and one at the Hall of Justice in said city and county. [Signature.] Subscribed and sworn to [etc.]. 97 Affidavits. Forms 270-272 No. 270. Affidavit of Service of Notice or Paper upon Attorney or Party, by Delivery. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the day of , 19 — , he served upon , attorney for plaintiff in the above-entitled action, a notice, a copy of which is hereunto annexed, by delivering such notice to and leaving it with him at his office in , in said county and state [or served upon , a party to the above-entitled action, a notice [or other paper] , a copy of which is hei-eunto annexed, by delivering the same to him personally, at [naming the place], in said county and state]. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— Alaska, Comp. Laws 1913, sec. 1328; California, Code Civ. Proc, sec. 1011; Idaho, Rev. Codes 1907, sec. 4889; Montana, Eev. Codes 1907, sec. 7146; Nevada, Rev. Laws 1912, sec. 5369; Utah, Comp. Laws 1907, sec. 3331; Washington, Rem. Code, sees. 245-248. No. 271. Affidavit of Service of Notice or Paper upon Attorney, Absent from Office, by Leaving It With Clerk or Person in Charge. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the — day of , 19 — , , attorney for plaintiff, was absent from his office, and that during such absence he, the said , served upon the said a notice, a copy of which is hereto annexed, by leaving such notice in said office, with , the clerk of said [or with , the person then having charge of said office]. [Signature.] [Jurat.] [Official signature.] No. 272. Affidavit of Service of Notice or Paper upon Attorney Whose Office is Open, but No One in. [Title of Court and Cause.] State of , Coiinty of , S3. , being duly sworn, says that, on the day of , 19 — , he served upon , attorney for plaintiff, a notice, a copy of which is hereto annexed, by leaving such notice, at the hour of — o'clock A. M., Form Book — 7 Forms 273, 274 Cowdery's Form Book. 98 in a conspicuous place, namely, upon the office desk of the said . at his office in , in said county and state, the said office being open ,\t the time, but no one being therein, [Signature.] [Jurat.] [Official signature.] No. 273. Affidavit of Service of Notice or Paper upon Attorney Whose Office is not Open, but Whose Residence is in Same County With Office. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the day of , 19 — , he served upon , attorney for plaintiff, a notice, a copy of which is hereto annexed, by leaving such notice at said attorney's residence, with , a person of not less than eighteen years of age, the said attorney's residence not then being open so as to admit of service of such notice, and the said attorney's residence then being in the same county with his office. [Signature.] fJurat.] [Official signature.] No, 274. Affidavit of Service of Notice or Paper, by Mail, upon Attor- ney Whose Office Address is Known, but Whose Residence is Unknown. [Title of Court and Cause.] State of , iJounty of , ss. , being duly sworn, says that, on the day of , 19 — , he served upon , attorney for plaintiff, a notice, a copy of which is hereto annexed, by putting the same, inclosed in a scaled envelope, postage paid, into the postoffice, directed to the said , at , that being said attorney's known office address, and his residence not being known [or, not in the same county with his office; or, being in the same county, is not open ; or, there is not found thereat any person of not less than eighteen years of age]. [Signature.] [Jurat.] [Official signature.] 99 Affidavits. Forms 275-277 No. 275. Affidavit of Service of Notice or Paper, "by Mail, upon Attor- ney Whose Office Address is Unknown, but Whose Residence is Known. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the day of , 19 — , he served upon , attorney for plaintiff, a notice, a copy of which is hereto annexed, by putting the same, inclosed in a sealed envelope, l)ostage paid, into the postoffice, directed to the said , at , that being his known place of residence, and his office address not being known. [Signature.] [Jurat.] [Official signature.] No. 276. Affidavit of Service of Notice or Paper upon Attorney, Neither His Office Address nor Eesideuce Being Known. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the day of , 19—, he served upon , attorney for plaintiff, a notice, a copy of which is hereunto annexed, by delivering the same to the clerk of the above- entitled court for the said attorney, neither his office address nor his resi- dence being known. [Signature.] [Jurat.] [Official signature.? No. 277. Affidavit of Service of Notice or Paper upon Party Whog^ Residence is Known. [Title of Court and Cause,] State of , County of , ss. -, being duly sworn, says that, on the day of , 19- he served upon , a party to the above-entitled action, a notice, a copy of which is hereunto annexed, by leaving the same, at the hour of o'clock A. M., at , with , a person not less than eighteen years of agej said place being said party's known place of residence. [Signature.] [Jurat.] [Official signature.] Forms 278-280 Cowdery's Form Book. 100 No. 278. Affidavit of Service of Notice or Paper upon Party Wliose Residence is not ELnown. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that, on the day of , 19 — , he served upon , a party to the above-entitled action, a notice, a copy of which is hereunto annexed, by delivering the same to the clerk of the above-entitled court for such party, his place of residence not being known. [Signature.] [Jurat.] [Official signature.] No. 279. Affidavit by Redemptioner. [Title of Court and Cause.] State of , County of , ss. , being sworn, says that he is the owner of the mortgage, a copy of which, with the certificate of the recorder of the county of , is hereto attached, and marked "Exhibit A"; that the sum of dol- lars ($ ) is at the date hereof actually due to affiant on the lien of said mortgage. [Signature.] [Jurat.] [Official signature.] No. 280. Affidavit of Merits. [Title of Court and Cause and Statement of Venue.] Personally appears V. E. Howard, who, being duly sworn, makes oath and says that he is attorney for the defendants in the above- stated case; that he is informed and believes that the defendants have a meritorious defense of the same, the suit being on a contract for sink- ing a shaft or incline, and the defense, noncompliance with the contract ; that at a former day of this term a demurrer to the complaint in this case was overruled, and leave given to answer in ten days ; that said time having expired, plaintiffs took judgment by default on Monday last, and after the case was set for trial. Affiant states that during the present term he has been very much pressed for time, having to discharge his duties as district attorney, besides attending to all his civil business, without anyone to aid him, C. V. Howard, his associate in business, having been all the time absent in San Francisco; that subsequently he has had many things on his mind demanding his attention, and much writing and labor; that this case being set for trial, affiant had adopted the erroneous idea that an answer had been filed. Affiant states that 101 Affidavits. Forms 281, 282 plaintiffs have not been injured by his failure to file an answer, as the case could not have been tried, and an answer can noAv be filed before the case can be reached on the docket. This affidavit is not made for delay, but that justice may be done in the premises. V. E. Howard. NOTE. — Precedent in How© v. Independent Consol. Gold etc. Min. Co., 29 Cal. 72, 74. No. 281. Affidavit on Motion for Leave to File Supplemental Complaint. [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. , being first duly sworn, deposes and says: That on the fifth day of October, 1916, plaintiff commenced an action in the above-entitled court against the above-named defendant upon two certain promissory notes, as more fully shown in the complaint on file in the above-entitled action, and in the proposed supplemental complaint, a copy of which is hereunto annexed and hereby made a part of this affidavit by refer- ence; that issue was joined thereon by the service and filing of the defendant's answer on the sixteenth day of December, 1916; that said cause is now regularly upon the calendar of this court awaiting trial and undisposed of; That on the day of December, 1918, and while said action was still pending and undisposed of, said defendant died, having first duly made and published his last will and testament, by which among other things he appointed and , executrix and executor, respectively, of his last will and testament ; that they have proved said will and that letters testamentary thereon have been duly issued to them by the superior court of the county of Alameda, state of California, and that they have duly qualified as such executrix and executor, respectively, and ever since have been and now are the duly qualified and acting executrix and executor respectively, of the last will and testament and estate of , deceased; that the above-entitled action is still pending and un- determined and that no proceedings for substitution of defendants ha\ e been taken to the knowledge of your affiant. [Signature.] Subscribed and sworn to [etc.]. No. 282. Affidavit, by Attorney, of Service by MaiL [Title of Cause.] State of , County of , ss. , being duly sworn, says that he is an attorney at law, and is the attorney of record for the above-named plaintiff in the above-entitled cause, and that he resides at , in the county of , state of ; Form 283 Cowdery's Form Book. 102 that is the attorney of record for the above-named defendant in said cause, and that he, the said , resides at , county of , in said state; that in each of the said two places there is a United States postofifice, and between said two places there is a regular daily com- munication by mail ; that on the day of , 19—, affiant served a true copy of the amended complaint herein on the said , the said at- torney of said defendant, by depositing such copy of complaint, on said date, in the postoffiee at , in said county of , state of , properly inclosed in a sealed envelope, addressed to the said , at- torney at law, at , county of , state of , said place of resi- dence, and prepaying the postage thereon. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE. — Service by mail is good only where the person making the ser- vice and the person on whom it is to be made reside, or have their offices, in different places, between which there is regular mail communication; and the affidavit of service must show a strict compliance with these provisions of the statute; otherwise, the evidence is insufficient to establish the fact of service: See Cal. Code Civ. Proc, sec. 1013. No. 283. Af&davit, by Third Person, of Service by Mail. [Title of Cause.] State of , County of , ss. , being duly sworn, says that he is a resident of the city of , county of , state of , over the age of eighteen years, not a party to, nor interested in, the above-entitled action, and competent to be a witness upon the hearing of any proceeding therein; that he is a clerk [or, stenographer; or other person connected with the party making the service] in the office of , an attorney at law ; that the said is the attorney of record for the above-named plaintiff in the above- entitled cause, and resides at the city of , county of , state of ; that is the attorney of record for the above-named defendant in said cause, and that he, the said , resides at , county of , in said state; that in each of the said two places there is a United States postoffiee, and between said two places there is a regular daily communi- cation by mail; that, on the day of , 19—, affiant, acting for and under the direction of , attorney for plaintiff as aforesaid, served a true copy [etc.]. 103 Agent fob Absentees. Form 29C AGENT FOR ABSENTEES. 290. Order appointing ageut to take possession of real estate for lienefit of nonresident distributee. 291. Account of agent for absent person made one year after his appoint- ment. 292. Bond of agent for absent distributees. 293. Petition by agent to sell property. 294. Order for sale of personal property. 295. Order to sell upon the settlement of account. 296. Petition of claimant for money deposited in the state treasury by agent. 297. Certificate entitling claimant to money. INTRODUCTORY NOTE. When any estate is assigned or distributed, by a judgment or decree of the court, to any person residing out of, and having no agent in the state, and it is necessary that some person should be authorized to take possession and charge of the same for the benefit of such absent person, the court may appoint an agent for that purpose and authorize him to take charge of such estate, as well as to act for such absent person in the distribution ; pro- vided, that if such estate be in money when so assigned or dis- tributed, the executor or administrator of such estate may deposit the share of each person, and in the name of said person, as far as known, as designated in said assignment or decree of distribution, with the county treasurer of the county in which said estate is being probated, w^ho shall give a receipt for the same, and be liable upon his official bond therefor; and said receipt shall be deemed and received by the court, or judge thereof, as a voucher in favor of said executor or administrator, with the same force and effect as if executed by said assignee, legatee, or distributee. NOTE.— California, Code Civ. Proc, sec. 1691. No. 290. Order Appointing Agent to Take Possession of Real Estate for Benefit of Nonresident Distributee, [Title of Court and Estate.] Whereas, it appearing to the court from the records of this court and the papers on file in this case and from the testimony given before the court upon the settlement of the final account of the administrator that A. B. is an heir at law of the said C. D., deceased, and that he is nonresident of the state of California, and his habitation, and also his residence being unknown, and all the real estate situated in the county of Butte, state of California, described as follows, to wit [description], was by decree of final distribution assigned to said A. B., and said decree of distribution having, on the 3d day of June, 1917, been recorded in Form 291 Cowdery's Form Book. 104 the office of the county recorder in book 96 of Deeds, at pages 196, 197, 198; and Whereas, it appearing to the court that said real estate is a United States patent for a quartz mine; and it also appearing that to protect said mine and preserve the mills and other work on it that it is neces- sary to appoint an agent to take charge of said real estate and improve- ments for the benefit of A. B., said absent person, and to act for him in respect to said distribution; It is ordered that E. F. G. be, and he is hereby, appointed agent to take possession and charge of the property hereinabove described for the benefit of said A. B. and to act for him in respect to said distribu- tion upon said agent's execution of a bond to the state of California in the sum of $20,000, to be approved by this court, for the faithful man- agement and account for the said estate and as agent for the said A. B. [Dated] , Judge. NOTE.— Arizona, Rev. Stats. (Civ. Code 1913), sec. 1066; California, Code Civ. Proc, sec. 1691; Idalio, Rev. Codes 1907, sec. 5643; Montana, Rev. Codes 1907, sec. 7690; Nevada, Rov. Laws 1912, sec. C090; South Dakota, Comp. Laws 1913, sec. 5941; Utah, Comp. Laws 1907. sec. 3968; Washington, Rem. Code, sec. 1715-1; Wyoming, Comp. Stats. 1910, sec. 5721. No. 291. Account of Agent for Absent Person Made One Year After His Appointment. [Title of Court and Estate.] Now comes E. F. G. and making his first annual account as asrent for A. B., a nonresident of the state of California, states the facts to be as follows : First. That on the day of his appointment he took charge of all the real estate and improvements described in the order appointing him, and also a large quantity of mining tools and machinery not in place or part of the realty; all of which has been inventoried and is fully described in schedule "A" attached hereto and made a part hereof. That said personal property has been appraised by H. G. and J. K., who are competent to estimate the value of such property, at $87,326.50. Said property is in every-day use and no part of it has been sold. Second. An income has been derived by said E. F. G., from working said mine and selling the proceeds of $263,727.89, net. Schedule "B" attached hereto and made a part of this account con- tains a summary of all the receipts and expenditures of said mine. Third. The taxes, amounting to $1,760, have been paid. All of said property belongs to the absent owner, A. B. Fourth. During the period covered by this account the agent, E. F, G., has paid himself a monthly compensation of $80, which includes his board, washing and incidental expenses in managing said mine and selling its bullion products. All of which expenditures appear more fully in schedule "B" above referred to. 105 Agent for Absentees. Forms 292, 293 Fifth. The mine is now in first-class order and the prospects are briglit for vahiable and extensive developments on the 1600-foot level of Shaft No. 2. Sixth. Your agent respectfully requests the court to increase his comiDcnsation, as general manager, from $80 to $100 a month until said property is sold and the proceeds paid into the state treasury. An examination of the expenditures for labor and supplies will show that the wages paid to all workers and officers in the mine are below the usual rates, but it may be advisable to slightly increase the amount of the payroll in the near future. [Dated] [Signature.] NOTE.— Arizona, Rev. Stats. (Civ. Code 1913), sec. 1066; California, Code Civ. Proc, sec. 1694; Idaho, Rev. Codes 1907, sec. 5646; Montana, Rev. Codes 1907, see. 7692; Nevada, Rev. Laws 1912, sec. 6090; South Dakota, Comp. Laws 1913, sec. 5944; Utah, Comp. Laws 1907, see. 3972; Washington, Rem. Code, sec. 1715-3; Wyoming, Comp. Stats. 1910, see. 572i. No. 292. Bond of Agent for Absent Distributees. [Title of Court and Estate.] Know all men by these presents, that we, , as principal, and and , as sureties, are held and firmly bound to the state of Cali- fornia in the penal sum of five thousand dollars, lawful money of the United States, to be paid to the said state of California, for which payment well and truly to be made we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. SigTied and sealed this day of , 19 — . The condition of the above obligation is such, that whereas by an order duly made and entered by the superior court of the state of Cali- fornia in and for the county of , state of , the above-named principal was appointed agent to receive and take charge of the dis- tributive share of , one of the heirs of , deceased, and hold the same subject to his order and to dispose of the same according to law; — Now, therefore, if the said principal shall well and faithfully perform the duties of his said trust, then this obligation shall be void, other^vise it shall remain in full force and effect. No. 293. Petition by Agent to Sell Property. The petition of respectfully represents that on the day of , 19 — , by an order of this court duly made and entered, he was appointed agent for , and was authorized by such order to take possession and charge of certain property previously distributed by the order of this court to said , to wit: [Here insert description.] That thereupon petitioner qualified as such agent, and is now the duly qualified and acting agent of said for the purposes aforesaid. Forms 294, 295 Cowdery's Form Book. 106 That said property has remained in the hands of petitioner as such agent for more than one year last past and has not been claimed; That said property is of such a character that it is a source of constant expense, and that the income from said property is much less than such expensQ. That said property is constantly deteriorating in value, and it is for the benefit of those interected that it should be sold; — Wherefore petitioner prays that said property be ordered sold in such manner as to the court may seem proper. Dated , 19—. -, Petitioner. No. 294. Order for Sale of Personal Property. [Title of Court and Estate.] The petition of for an order of sale of the personal property remaining in his hands as agent for coming on for hearing this day, and it appearing to the satisfaction of the court that said property has remained in the hands of said petitioner for more than a year last past, and has not been claimed, and that it is for the benefit of those interested that it should be sold: It is therefore ordered that said personal property [insert description] be sold by said agent at public auction, after such notice and in such manner as is provided by law for the sale of personalty by executors and administrators. Dated , 19—. , Judge of Superior Court. No. 295. Order to Sell upon the Settlement of Account. [Title of Court and Estate.] , the agent of , heretofore appointed by the order of the court herein, having filed his annual account and a report of his proceedings as such agent as provided by law, and the court having examined wit- nesses and taken proofs in regard to said account, and the court being satisfied from such account and proofs that it will be for the interest and advantage of the persons interested that the whole of the property in the hands of such agent should be sold: It is therefore ordered that said account be and the same is hereby allowed, confirmed, and approved; and it is further ordered that the whole of the property in the hands of said , as such agent, be sold by him at public auction, after such notice and in such manner as is provided by law for the sale of personal property by executors and administrators, and that said agent report his proceedings under this order to this court; the property affected by this order is described as follows, to wit: [Insert description.] Dated , 19—. , Judge of Superior Court. 107 Agents for Absentees. Forms 296, 297 No. 296. Petition of Claimant for Money Deposited in the State Treas- ury by Agent. [Title of Court and Estate.] The petition of respectfully shows: That he is one of the heirs of , deceased; that on the day of , 19 — , in the matter of said estate, this court made and entered its decree, distributing to petitioner certain property of said estate, to wit [here insert description] ; that at the date of said decree, petitioner was not a resident of this state, but resided in the state of ; that on the last-named date, in pursuance of law, this court appointed one an agent to take possession of said property for petitioner, and that such proceedings were had herein that on the day of 19 — , said agent, acting under the order of this court, deposited the pro- ceeds of a sale of said property in the state treasury of this state; that petitioner is the identical person mentioned as in said decree, and in all proceedings herein subsequent thereto, and is entitled to said proceeds so deposited; Wherefore petitioner prays that a certificate be granted to him, show- ing that he is entitled to receive from the state treasury the proceeds of said property. , Petitioner. , Attorney for Petitioner. No. 297. Certificate Entitling Claimant to Money, [Title of Court and Estate.] It appearing from the petition of filed herein, and from the evi- dence adduced in support thereof, that said is one of the distrib- utees of the estate of , deceased, and that the funds representing his share of the said estate were, during his absence from the state, deposited in the treasury of this state by due and legal proceedings herein, and the court now being fully satisfied of his right to such funds : It is therefore ordered and certified that said is entitled to with- draw said funds, amounting to dollars, from the state treasury of this state. Dated , 19—. — — , Judge of Superior Court., [Seal] Attest: , Clerk. Form 302 Cowdery's Form Book. 108 AGREED CASE. 302. Submission of controversy -without action. INTRODUCTORY NOTE. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a sub- mission of the same to any court which would have jurisdiction if an action had been brought ; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine the rights of the parties. The court must thereupon hear and determine the case, and render judgment thereon, as if an action were depending. NOTE'.— California, Code Civ. Proc, sec. 1138. No. 302. Submission of Controversy Without Action. [Title of Court and Cause.] It is stipulated between the parties hereto as foUo-ws: A. B., the plaintiff, was, on the first day of May, 1917, a real estate agent. At the same time C. D., the defendant, owned a tract of land in said county; that both plaintiff and defendant reside in said county; that on said day it was agreed between plaintiff and defendant that if plaintiff witliin three months would find a purchaser who would pay ten thousand dollars for said land, that defendant, on demand, would pay plaintii? five hundred dollars ; that on the third day of June, 1917, plain- tiff found a purchaser, to whom defendant, on June 10, 1917, granted said land for ten thousand dollars; that on the tenth day of said month of June plaintiff demanded of defendant five hundred and fifty dollars, which defendant refused to pay, and never has paid. It is further stipu- lated that this controversy shall be, and the same is, hereby submitted for judgment without further testimony. [Dated] [Signature.] State of California, County of , ss. A. B. and C. D., being each duly sworn, says each for himself, and not one for the other, that the controversy is real and that this proceed- ing is instituted in good faith to determine the rights of said parties. [Signature.] Subscribed and sworn to [etc.]. NOTE.— Alaska, Comp. Laws 1913, sec. 1080; Arizona, Rev. Stats. (Civ. Code 1913), sec. 510; California, Code Civ. Proc, sees. 1138-1140; Idaho, Rev. Codes 1907, sec. 5068; Kansas, Gen. Stats. 1915, sec 7453; Nebraska, .109 Agreements — Alienation of Affections. Form 313 Rev. Code 1913, sec. 7719; Nevada, Rev. Laws 1912, see. 52.52; Oklahomp. Harris & Day's Code 1910, sees. 5303-5305; Oregon, Lord's Oregon Laws, sec. 193; South Dakota, Comp. Laws 1913, sec. 5540; Utah, Comp. Laws 1907, sees. 3218-3220; Washington, Eem. Code, sec. 378; Wyoming, Comp. Stats. 1910, sec. 4517. AGREEMENT. See Contracts. Agreement as to Party-wall, No. 2900. -Agreement for Conditional Sale of Personal Property, Price Payable in Installments, No. 1198. Agreement for Reference of Claim, No. 1389. Agreement for Sale of Real Property, Price Payable in Installments, No. 1199. Agreement of Publisher, No. 2633. Agreement of Special Submission to Arbitration, No. 391. Agreement to Arbitrate, No. 393. Agreement to Sell and Buy Land, No. 1189. Agreement to Adopt, No. 253. Agreement With Agent to Sell, No. 1190. Agreement With Agent or Broker to Sell Land, No. 1191. Agreement to Submit Controversy to Arbitration in Pending Action, Nos. 420, 421. ALIAS SUMMONS. See Summons. Alias Summons in Action to Foreclose Liens on Chattels or Trespassing Animals — Justice's Court — North Dakota, No. 3554. Alias Summons — Justice's Court, No. 3544. ALIENATION OF AFFECTIONS. 313. Complaint for alienation of affections. No. 313. Complaint for Alienation of Affections. [Title of Court and Cause.] The plaintiff complains of the defendant, and alleges that on or about the ninth day of July, 1888, in the state of New York, the plaintiff was lawfully married to one Edward L. Williams, who is the son of defend- ant; that at all times since the said marriage the said Edward L, Williams and the plaintiff have been, and now are, husband and wife ; that by reason of said marriage the plaintiff became entitled to the sup- port, company, and society of her said husband; that from and after the time of said marriage, and until the interference on the part of the defendant hereinafter set forth, the said Edward L. Williams was deeply attached to his said wife, the plaintiff; and the plaintiff and her said husband lived happily together as husband and wife, and but for the wrongful and malicious acts of the defendant, hereinafter set forth. Form 313 Cowdeky's Form Book. 110 would have continued so to live together; that shortly after the said marriage the said defendant, conceiving and harboring an intense dis- like of tlie plaintiff, wrongfully and maliciously sought to prejudice the mind of said Edward L. Williams against the plaintiff, and alienate his affections from her, and has ever since sought and endeavored, by subtle contrivances, by coaxing and threats of disinheriting the said Edward L. Williams, to entice him to separate himself from the plaintiff, and to leave and desert her. Plaintiff further alleges that on or about the ■ day of , 1889, the plaintiff and her said husband were, by said defendant, persuaded and induced to leave their home, in the state of New York, where they had resided up to said date, and where plaintiff had friends and acquaintances, and to come to the city of Denver, in the state of Colorado, where the plaintiff was an entire stranger; that a few days prior to their said departure from New York the defendant, in pursuance of her said design to alienate the affections of the said Edward L. Williams from the plaintiff, and to entice him to leave the plaintiff, and with a view of having the plaintiff, as well as her said husband more completely in the power of defendant, fraudulently in- duced and procured him to turn over and transfer to her, the said de- fendant, all, or nearly all of his property, consisting of stock, bonds, securities, etc., of the value of about twenty-five thousand dollars ; that shortly after their arrival in Denver the plaintiff and her said husband were joined by the defendant; that said defendant upon her arrival in Denver continued, and has at all times since continued, her endeavors to alienate the affections of the said Edward L. Williams from the plain- tiff, and to induce and entice him to leave the plaintiff. Plaintiff avers and alleges that the said defendant has, by her said arts and contriv- ances, by threats made to the said Edward L. Williams, and by mis- representing the plaintiff to him, wrongfully and maliciously alienated the affections of her said husband from the plaintiff, and has wrongfully and maliciously enticed him to separate himself from her, whereby the plaintiff has been deprived of the society, comfort, and support of her said husband, by reason of which the plaintiff has been damaged in the sum of fifty thousand dollars: wherefore plaintiff demands judgment, etc. NOTE.— Precedent in Williama v. Williams, 20 Colo. 51, 53, 37 Pac. 614. Ill Animals. Forms 315, 316 ANIMALS. 315. Complaint for Injuries caused by vicious dog. 316. Complaint for injuries caused by trespassing animals. No. 315. Complaint for Injuries Caused by Vicious Dog. {Title of Cause.] The plaintiff complains and alleges: 1. That on the day of , 19 — , at , the defendant was the keeper of a certain vicious dog, which was accustomed to bite man- kind. 2. That the said defendant, well knowing the premises, did wrong- fully and injuriously keep and harbor the said vicious dog, and wrong- fully and negligently suffered such dog to go at large without being properly guarded or confined. 3. That while so kept as aforesaid, the said dog did bite and greatly wound this plaintiff, whereby this plaintiff became sick and sore and lame, and so continued for the space of six months thence next follow- ing, and was obliged to pay, and did expend, dollars ($ ) for medical attendance consequent thereon, and was prevented during all said months of sickness from attending to his lawful affairs, to his •damage in the sum of dollars ($ ). Wherefore [etc,]. [Signature.] No. 316. Complaint for Injuries Caused by Trespassing Animals. [Title of Cause.] The plaintiff complains and alleges: 1. That during all the times hereinafter mentioned he was, and now is, the owner and lawfully in possession of all that certain real estate situated in township, county of , state of , and described as f oUoAvs : . 2. That during all of the time between the day of , 19—, and the day of , 19 — , the defendant was the owner, in pos- session of, and chargeable with the care of certain animals, to wit : . 3. That at divers times between said last-mentioned dates said animals ran and trespassed upon said lands, ate up, injured and destroyed the grain, hay and verdure being and growing thereon. 4. That in consequence of said animals so running, trespassing, eating up, injuring and destroying the said grain, hay and verdure, which was then upon said land, plaintiff has been damaged in the sum of dollars ($ ). Wherefore [etc.]. [Signature.] Cowdery's Form Book. ll-*^ ANSWER. 324. Answer — Denial of knowledge to form belief. 325. Answer — Infancy of plaintiff. 326. Answer— Infancy of defendant. 327. Answer — Former judgment. 328. Answer — Want of capacity — Plaintiff an alien enemy. 329. Answer — Nonjoinder of coadministrator. 330. Answer — Nonjoinder of owners in action between tenants. 331. Answer — Statute of frauds — No note or memorandum, etc. 332. Answer— Statute of frauds — Marriage. 333. Answer— Statute of frauds— No performance within a year. 334. Answer — Statute of limitations — In general. 335. Answer— Statute of limitations— Specific section. 336. Answer — Another action pendiug. 337. Answer — Compromise of claim. 338. Answer — Death of defendant. 339. Counterclaim. CEOSS-REFERENCES. Answer Alleging Fraud in Obtaining Judgment, No. 2253. Answer Alleging Lien on Goods as Manufacturer, etc.. No. 2522. Answer Alleging Lien Upon Goods for Storage, No. 252J. Answer Alleging Marriage of Plaintiff, No. 2602. Answer Alleging Marriage of Defendant, No. 2603. Answer Alleging Marriage of Defendant, No. 2604. Answer Alleging Partnership Agreement, No. 2889. Answer Alleging Payment, No. 2960. Answer Alleging Payment by Bill, No. 2961. Answer Alleging Payment Before Indorsement, No. 2962. Answer Alleging Payment by Note, No. 2963. Answer Alleging Payment in Services, No. 2964. Answer Alleging Part 1 ayineiit and Tender of Balance, No. 296o. Answer Alleging Eelease of Claim, No. 3265. Answer and Demurrer to Citation to Savings Bank, No. 871. Answer Denying Assignment of Judgment, No. 2252. Answer Denying Breach of Covenant, No. 1475. Answer Denying Execution of Mortgage by Codefendant, No. 2724. Answer Denying Offer to Perform Charter-party, No. 1202. Answer Denying Subscription for Stock, No. 1344. Answer in Eiectment Alleging Title in Stranger, No. 1604. Answer in Ejectment— Denial That Plaintiff Has Been Damaged, No. ]60d. Answer — Justifying Trespass, No. 3672. Answer Justifying Arrest on Suspicion, No. 2-352. Answer Justifying Arrest on Criminal Process, No. 2oS3. Answer of Arktration and Award, No. 418. , ^ ^^ ^, „,-_ Ansvrer of Justification of Publication ot Libel— Truth, ^o. 2485. Answer of Justification of Publication of Libel and Mitigating Circum- stances, No. 2486. » T .-I 1 T^T o.o-T Answer of Justification of Publication of Libel, No. 2487. \nswer of Payment of Note in Services, No. 3143. \n=wer Setting Up Accord and Satisfaction by Note, No. 1. Answer Setting Up Accord and Satisfaction by Deed, No. 2. Answer Setting Up an Account Stated, No. 49. \nswer Setting Up Satisfaction by Codefendant, No. 3266. Answer That Note was Procured by Fraud, No. 3144. Answer That Notice of Dishonor was not Given, ^o. 3145. Answer to Complaint in Claim and Delivery, No. 883. 113 Answer. ■ Forms 324-327 Answer to Complaint in Forcible Entry, No. 1908. Answer to Formal Complaint Before Eailroad Commission, No. 3207. Answer to Opposition to Probate, No. 3977. No. 324. Answer — Denial of Knowledge to Form Belief. [Title of Court and Cause.] The defendant answers to the complaint: That he has no knowledge, information, or belief sufficient to enable him to answer any or either of the allegations in said complaint con- tained, and therefore he denies each and every of said allegations. [Or if confined to one allegation, after the word "answer" proceed:] the allegation that [set out the allegation, or refer to it so as to clearly identify it] ; and therefore denies the same. [Signature.] No. 325. Answer — Infancy of Plaintiff. [Title of Court and Cause.] The defendant answers to the complaint: That the plaintiff is not of the age of twenty-one years [if a female, eighteen years] ; or that at the commencement of this action the plain- tiff was not of the age of [twenty-one] years, and has no guardian appointed herein. [Signature.] No. 326. Answer — ^Infancy of Defendant. [Title of Court and Cause.] The defendant answers to the complaint: That at the time of making the supposed agreement [or of the de- livery of the goods] mentioned therein, he was under the age of [twenty-one] years, to wit, of the age of eighteen years, and said agreement did not relate to personal property in the immediate pos- session and control of this defendant, nor for things necessary for his support. [Signature.] No. 327. Answer — Former Judgment. [Title of Court and Cause.] The defendant answers to the complaint: That on the eighteenth day of April, 1917, at P., in an action then pending in the justice's court, between A. B., plaintiff, and C. D., de- fendant, and for the same cause of action as that set forth in tlie complaint herein, judgment was duly given and made. [Describe the judgment.] [Signatm-e.] Form Book — 8 Forms 328-331 Cov/dery's Form Book. Hi No. 328. Answer — Want of Capacity — Plaintiff an Alien Enemy. [Title of Court and Cause.] The defendant answers to the complaint: 1. That the plaintiff was not, at the commencement of this action, and is not now, a citizen of the United States, but was, and is, an alien, born in , out of the allegiance of the United States, and . 2. That at the commencement of this action the government of said was, and still is, at war with, and is an enemy of, the United States. 3. That the plaintiff then was, and still is, an alien enemy, abiding without the United States, and at , within said , and adhering to the said enemies of the United States. [Signature.] No. 329. Answer — Nonjoinder of Coadministrator. [Title of Court and Cause.] The defendant answers to the complaint: 1. That after the death of said , and on or about the day of , 191 — , letters of administration were duly issued to one , together with the plaintiff, by the probate court of the county of , and said thereupon duly qualified as administrator, and as such entered upon the duties of his trust, and still is such administrator. [Signature.] No. 330. Answer— Nonjoinder of Owners in Action Between Tenants in Common. [Title of Court and Cause.] The defendant answers to the complaint: 1. That and , residing at , are tenants in common with the plaintiff in said lands, and are necessary parties to this action. [Signature.] No. 331. Answer — Statute of Frauds — No Note or Memorandum, etc. [Title of Court and Cause.] The defendant answers to the complaint: 1. That no note or memorandum in writing expressing the consid- eration was ever made by any such contract as is alleged in the com- plaint, or of any contract whatever. 2. That he did not receive any part of the goods, wares, or merchan- dise mentioned in the complaint. 3. That he did not pay any part of the purchase money. [Signature.] 115 Answer. Forms 332-336 No. 332. Answer — Statute of Frauds — Marriage. [Title of Court and Cause.] The defendant answers to the complaint: That the said alleged agreement was made upon consideration of marriage, and that neither said agreement nor any note or memorandum thereof was ever in writing, and subscribed by said , who is sought to be charged therewith, or by his lawful agent, or at all. [Signature.] No. 333. Answer — Statute of Frauds — No Performance Within a Year. [Title of Court and Cause.] The defendant answers to the complaint: That the said agreement by its terms was not to be performed within one year from the making thereof, and that neither said agreement nor any note or memorandum thereof was, or is, in writing, and sub- scribed by the said , who is sought to be charged therewith, or by his lawful agent, or by any other person. [Signature.] No. 334. Answer — Statute of Limitations — In General [Title of Court and Cause.] The defendant answers to the complaint: That the cause of action set forth therein did not accrue within years before the commencement of this action. [Signature.] No. 335. Answer — Statute of Limitations — Specific Section. [Title of Court and Cause.] The defendant, answering the complaint, alleges: That the cause of action stated in the complaint of the plaintiff herein is barred by the provisions of subdivision of section of the Code of Civil Procedure of this state. [Signature.] No. 336. Answer — Another Action Pending. [Title of Court and Cause.] The defendant answers to the complaint: That there was at the commencement of this action, and still is, another action pending in the court of , between the same parties, and for the same cause of action as that in the complaint herein stated and alleged. [Signature.] Forms 337-339 Cowdery's Form Book. 116 ITo. 337. Answer — Compromise of Claim. [Title of Court and Cause.] The defendant answers to the complaint: 1. [State demand set up by plaintiff.] 2. That afterward, on the day of , 191—, at , the de- fendant agreed to pay, and the plaintiff agreed in writing to accept, dollars ($ ), in full satisfaction of said claim, as a compromise thereof. 3. That on the day of , 191—, at , the defendant paid, and the plaintiff so accepted, said sum. [Signature.] No. 338. Answer — Death of Defendant. [Title of Court and Cause.] The defendant answers to the complaint: That , one of the defendants in this action, died at , before this action, and on or about the day of , 191 — . [Signature.] No. 339. Counterclaim. [Title of Court and Cause.] The defendant answers to the complaint, and by way of counterclaim alleges : That [etc.; stating a cause of action precisely as in a complaint]. Wherefore the defendant demands judgment for dollars ($ ). [Signature.] APPEAL. 350. Notice of appeal to supreme court. 351. Notice of appeal to district court of appeal. 352. Notice of appeal — Alternative metliod. 353. Notice to county clerk to prepare papers on appeal. 354. Notice by clerk of filing transcript on appeal. 355. Bond on appeal from money judgment. 356. Bond on appeal from judgment directing delivery of documents or personal property. 357. Bond on appeal from judgment for the recovery of real property. 358. Bond for costs on appeal. 359. Notice of appeal from justice's court to superior court. 360. Undertaking for costs on appeal — Justice's court to superior court. 361. Undertaking on appeal from money judgment — Justice's court to su- perior court. 362. Undertaking on appeal from judgment for recovery of, or to foreclose a lien on, specific personal property — Justice's court to superior court. 363. Undertaking on appeal from judgment directing delivery of possession of real property — Jiistice's court to superior court. 117 Appeal. Forms 350, 351 364. Undertaking on appeal from judgment of fine and Imprisonment — Justice's court to superior court, 365. Undertaking on appeal from judgment of imprisonment — Justice's court to superior court. 366. Undertaking on appeal — Unlawful detainer — Justice's court to superior court. 367. Appeal bond — Justice's court — Colorado. 368. Undertaking on appeal from justice's court in criminal case — Wyoming. 369. Waiver of appeal and motion for new trial. 370. Undertaking on appeal from judgment appointing a receiver. 371. Undertaking on appeal from judgment directing sale of personal prop- erty upon foreclosure of mortgage thereon. 372. Undertaking on appeal concerning real property and money damages. 373. Undertaking on appeal from judgment for sale of mortgaged premises and payment of deficiency. 374. Notice of appeal by defendant — Small claims court — Oregon. No. 350. Notice of Appeal to Supreme Court. [Title of Court and Cause.] To , Attorney for Plaintiff. You will please take notice that the defendants in the above-entitled action hereby appeal to the supreme court of the state of , from the judgment therein entered, in the said court, on the day of , 191 — , in favor of the plaintiff in said action, and against said defendants; and from the whole thereof. Dated this day of , 191 — . , Attorney for Defendants. NOTE. — In California, an appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, aud serving a similar notice on the adverse party, or his attorney: California, Code Civ. Proc, sec. 940. Arizona, Eev, Stats. (Civ. Code 1913), sec. 1235; Colorado, Mill's Ann. Stats. 1912; Hawaii, Eev. Code 1915, sec. 2507; Idaho, Eev. Codes 1907, sec. 4808; Kansas, Gen. Stats. 1915, sees. 7473, 7482; Montana, Eev. Codes 1907, sec. 7100; Nebraska, Eev. Code 1913, sec. 8188; Nevada, Eev. Laws 1912, sec. 5330; North Dakota, Comp. Laws 1913, sec. 7821; Oregon, Lord's Oregon Laws, sec. 550; South Dakota, Comp. Laws 1913, sec. 5966; Utah, Comp. Laws 1907, sec. 3305; Washington, Eem. Code 1915, sec. 1719. No. 351. Notice of Appeal to District Court of Appeal [Title of Court and Cause.] To , Attorney for Plaintiff. You will please take notice that the defendant in the above-entitled action hereby appeals to the district court of appeal of the state of , in and for the appellate district, from the judgment therein entered in the said s':perior court, on the day of , 191 — , in favor of the plaintiff in said action, and against said defendant; and from the whole thereof. Dated tliis day of , 191 — . , Attorney for Defendant. Forms 352, 353 Cowdery's Form Book. 118 No. 352. Notice of Appeal— Alternative Method. [Title of Court and Cause.] Notice is hereby given that the does hereby appeal to the supreme court [or district court of appeal, as the case may be] from the judgment heretofore rendered in the above-entitled action, and from the whole thereof. Said judgment was entered on the day of , 19— , Attorney for . NOTE. — The California Code provides: "Any person to whom the right of appeal from any judgment, order or decree of the superior courts of the state is granted, may appeal therefrom by filing with the clerk of the court in which the judgment, order or decree is rendered, a notice entitled in the cause in which said judgment, order or decree was made, which said notice shall state that the person giving the same does thereby appeal to the su- preme court or district court of appeal, as the case may be, from the judg- ment, order or decree, or some specific part thereof; and the said notice must identify the said judgment, order or decree or the part thereof ap- pealed from, with reasonable certainty. This notice may be filed at any time after the rendition of the judgment, order or decree, but the same must be filed within sixty days after entry of said judgment, order or decree. If proceedings on motion for a new trial are pending, the time for appeal from the judgment shall not expire until thirty days after entry in the trial court of the order determining such motion for a new trial, or other termination in the trial court of the proceedings upon such motion. This notice need not be served upon any of the parties to the action or the proceeding, or their representatives or attorneys, but when filed within the time herein specified it shall, without further action on the part of the appellant, transfer the cause for decision and determination to the higher court. In the event of the death of any person having at his death a right of appeal the attorney of record representing the decedent in the court in which the judgment was rendered may appeal therefrom at any time before the appointment of an executor or an administrator of the estate of the decedent": California, Code Civ. Proc, sec. 941b. No. 353. Notice to County Clerk to Prepare Papers on Appeal. [Title of Court and Cause.] To the Clerk of the Above-entitled Court: Please take notice that the defendant desires, or intends to appeal [or has appealed] from the judgment heretofore rendered in the above- entitled action, and requests that the transcript of the testimony offered or taken, evidence offered or received, and all rulings, instructions, acts or statements of the court, also all objections or exceptions of counsel and all matters to which the same relate, be made up and prepared. Dated . , Attorney for Defendant. 119 Appeal. Forms 354, 355 No. 354. Notice by Clerk of Filing Transcript on Appeal [Title of Court and Cause.] To the Attorneys in the Above-entitled Action: Please take notice that the transcript on appeal in the above-entitled action has been filed, and that five (5) days after the receipt of this notice, to wit, on the day of , 19—, the same will be presented to the judge for approval. Dated . , Clerk of the Superior Court. No. 355. Bond on Appeal from Money Judgment. [Title of Court and Cause.] Whereas, the defendants in the above-entitled action have appealed to the supreme court of the state of California from a judgment made and entered against them in said action, in said superior court, in favor of the plaintiff in said action, on the twenty-fourth day of Janu- ary, 1917, for seven hundred and fifty dollars, gold coin of the United States, and fifty dollars costs of suit, and from the whole thereof. Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, residents of the city and county of San Francisco, do hereby jointly and severally undertake and promise, on the part of the appellants, that the said appellants will pay all damages and costs which may be awarded against them on the appeal, or on a dis- missal thereof, not exceeding three hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas, the appellants are desirous of staying the execution of said judgment so appealed from, we do further, in consideration thereof, and of the premises, jointly and severally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of one thousand six hundred (1,600) dollars, gold coin of the United States (being double the amount named in the said judgment), that if the said judgment appealed from, or any part thereof, be affirmed, or the appeal be dismissed, the appellant will pay, in United States gold coin, the amount directed to be paid by the said judgment, or the part of such amount as to which the said judgment shall be affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellants upon the appeal; that if the appellants do not make such payment within thirty (30) days after the filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of the respondent, in his favor against the undersigned sureties, for said sum of $800, together with the interest that may be due thereon, and the damages and costs that may be awarded against the appellant upon the appeal. [Signatures.] [Justification.] Form 356 Cowdery's Form Book. 120 NOTE. — In California, the undertaking on appeal must be in writing, on the part of the appellant, by at least two sureties, that the appellant will pay all damages and costs which may be awarded against him on appeal, or on a dismissal thereof, not exceeding three hundred dollars; or that sum must be deposited with the clerk with whom the judgment or order \vv,s entered, to abide the event of the appeal: California, Code Civ. Proc, sec. 941. If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order unless a written undertaking be executed on the part of the appellant, by two or more sureties, to the effect that they are bound in double the amount named in the judgment or order; that if the judgment or order appealed from, or any part thereof, be affirmed, or the appeal be dismisseil, the appellant will pay the amount directed to be paid by the judgment or order, or the part of such amount as to which the judgment or order is- affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal, and that if the appellant does not make such payment within thirty days after the filing of the re- mittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of the respondent in his favor against the sureties, for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal. If the judgment or order appealed from be for a greater amount than two thousand dollars, and the sureties do not state in their affidavits of justification accompanying the undertaking that they are each worth the sum specified in the undertaking, the stipula- tion may be that the judgment to be entered against the sureties shall be for such amounts only as in their affidavits they may state that they are severally worth, and judgment may be entered against the sureties by the court from which the appeal is taken, pursuant to the stipulations herein designated. When the judgment or order appealed from is made payable in a specified kind of money or currency, the judgment entered ag'airst the sureties upon the undertaking must be made payable in the same kind of money or currency: Arizona, Rev. Stats. (Civ. Code 1913), sees. 1238, 1239; California, Code Civ. Proc, sec. 942; Hawaii, Rev. Code 1915, sec. 2535; Idaho, Rev. Codes 1907, sec. 4810; Kansas, Gen. Stats, 1915, see. 7490; Montana, Rev. Codes 1907, sec. 7102; Nebraska, Rev. Codes 1913, sec. 81S9; Nevada, Rev. Laws 1912, sec. 5347; New Mexico, Stats. Ann. 1915, sec. 4484; North Dakota, Comp. Laws 1913, sec. 7831; Oklahoma, Harris & Day's Code 1910, see. 5251; Oregon, Lord's Oregon Laws, sec 551; South Dakota, Comp. Laws 1913, sec. 5219; Utah, Comp. Laws 1907, sees. 3306, 3307; Washington, Rem. Code, sec. 1722; Wyoming, Comp. Stats. 1910, see. 5116. No. 356. Bond on Appeal from Judgment Directing Delivery of Docu- ments or Personal Property. [Title of Court and Cause.] Whereas, R. R., one of the defendants in the above-entitled action, has appealed to the supreme court of the state of California, from a judgment rendered and entered against him in the said action, in the said superior court, in favor of the plaintiff on the twenty-fifth day of August, 1917, for the recovery of the possession of certain documents [or personal property] therein described [or ordering the delivery or assignment of certain documents ; or ordering the execution of a certain document by the defendant, and for costs]. 121 Appeal. Form 357 Now, therefore, in consideration of the premises, and of such appeal,, we, the undersigned, J. S., of the county of Santa Barbara, merchant, and P. J., of the said coianty of Santa Barbara, farmer, do hereby jointly and severally undertake and promise, on the part of the appel- lant, that the said appellant will pay all damages and costs which may be awarded against him on the appeal or on a dismissal thereof, not exceeding three hundi'ed dollars, to which amount we acknowledge our- selves jointly and severally bound. And whereas, the appellant is desirous of staying the execution of the judgment, and the court has directed that an undertaking be entered into upon his part in the sum of one thousand dollars; Now, therefore, we, the undersigned, J. S., of the county of Santa Barbara, and P. J., of said county of Santa Barbara, do hereby further jointly and severally promise and undertake on the part of the appel- lant, in the sum of one thousand dollars, that the appellant will obey the order of the appellate court upon the appeal. Dated . [Signatures.] [Justification.] NOTE. — In California if the judgment or order appealed from direct the assignment or delivery of documents or personal property, the execution of the judgment or order cannot be stayed by appeal, unless the things required to be assigned or delivered be placed in the custody of such officer or receiver as the court may appoint, or unless an undertaking be entered into on the part of the appellant, with at least two sureties, and in such amount as the court, or a judge thereof, may direct, to the effect that the appellant will obey the order of the appellate court, upon the appeal. If the judgment or order appealed from direct the execution of a con- veyance or other instrument, the execution of the judgment or order cannot be stayed by the appeal until the instrument is executed and deposited with the clerk with whom the judgment or order is entered, to abide the judg- ment of the appellate court: Arizona, Eev. Stats. (Civ. Code 1913), sees. 1242., 1243; California, Code Civ. Proc, sees. 943, 944; Hawaii, Eev. Code 1915, sec. 2535; Idaho, Rev. Codes 1907, sec. 4811; Kansas, Gen. Stats. 1915, sec. 7491; Montana, Rev. Codes 1907, sees. 7103. 7104; Nebraska, Rev. Code 1913, sec. 8189; Nevada, Eev. Laws 1912, sec. 5349; New Mexico, Stats. Ann. 1915, sec. 4484; North Dakota, Comp. Laws 1913, sec. 7827; Oklahoma, Harris & Day's Code 1910, sec. 5251; Oregon, Lord's Oregon Laws, sec. 551; South Dakota, Comp. Laws 1913, sec. 5219; Utah, Comp. Laws 1907, sees. 3308, 3309; Washington, Rem, Code, sec. 1722; Wyoming, Comp. Stats. 1910, sec. 5116. No. 357. Bond on Appeal from Judgment for the Recovery of Real Property. [Title of Court and Cause.] Whereas, R. R., one of the defendants in the above-entitled action, has appealed to the supreme court of the state of California from a judgment made and entered against him in the said action, in the said superior court, in favor of the plaintiff in said action, on the third day ot May, 1917, for the recovery of the possession of certain lands and premises therein described, and five hundred and thirty dollars dam- Form 357 Cowdery 's Form Book. 122 ages, for the detention thereof, and one hundred and ten dollars and fifty cents costs of suit. Now, therefore, in consideration of the premises, and of such appeal, we, t!ic undersigned, J. S., of the county of Santa Barbara, merchant, and P. J., of the said county of Santa Barbara, farmer, do hereby jointly and severally undertake and promise, on the part of the appellant, that the said appellant will pay all damages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, to which amount we acknowledge our- selves jointly and severally bound; And whereas, the appellant is desirous of staying the execution of the said judgment so appealed from, in so far as relates to the delivery of possession of the said land and premises, we do further, in consid- eration thereof, and of the premises, jointly and severally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of twelve hundred dollars (being the amount for that purpose fixed by the judge of this court), that during the possession of such property by the appellant he will not commit, or suffer to be committed, any waste thereon, and that if the said judgment appealed from be affirmed, or the appeal dismissed, he will pay the value of the use and occupation of the property, from the time of the appeal until the delivery of possession thereof, not exceeding the said sum of twelve hundred dollars, so as aforesaid fixed by the judge of this court, by which the said judgment was rendered; And whereas, the appellant is desirous of staying the execution of the said judgiuent so appealed from, we do further, in consideration thereof, and of the premises, jointly and severally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of twelve hundred eighty-one dollars (being double the amount named in the said judgment), that if the said judg- ment appealed from, or any part thereof, be affirmed, or the appeal be dismissed, the appellant will pay, in United States gold coin, the amount directed to be paid by the judgment, or the part of such amount as to which the same shall be affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal ; and that if the appellant do not make such payment within thirty (30) days after the filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment may be entered on motion of respondent, in his favor against the undersigned sureties, for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal. [WTien the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency.] Dated . [Signatures.] [Justification.] ^ 123 Appeal. Form 358 NOTE. — In California, if the judgment or order appealed from direct the sale or delivery of possession of real property, the execution cannot be stayed, unless a written undertaking be executed on the part of the appellant, with two or more sureties, to the effect that during the possession of such property by the appellant, he will not commit, or suffer to be com- mitted, any waste thereon, and that if the judgment be affirmed, or the appeal dismissed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, pursuant to the judgment or order, not exceeding the sum to be fixed by the judge of the court by which the judgment was rendered or order made, and which must be specified in the undertaking. When the judgment is for the sale of mortgaged promises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency: Arizona, Rev, Stats. (Civ. Code 1913), sees. 1242, 1243; Cali- fornia, Code Civ. Proc, sec. 945; Hawaii, Rev. Code 1915, see. 2535; Idaho, Rev. Codes 1907, sec. 4812; Montana, Rev. Codes 1907, sec. 7105; Nebraska. Rev. Code 1913, sec. 8189; Nevada, Rev. Laws 1912, sec. 5350; New Mexico, Stats. Ann. 1915, sec. 4484; North Dakota, Comp. Laws 1913, sec. 7828; Oklahoma, Harris & Day's Code 1910, sec. 5251; Oregon, Lord's Oregon Laws, sec. 551; South Dakota, Comp. Laws 1913, sec. 5219; Utah, Comp. Laws 1907, sec. 3310; Wlashington, Rem. Code, sec. 1722; Wyoming, Comp. Stats. 1910, sec. 5116. No. 358. Bond for Costs on Appeal [Title of Court and Cause.] Whereas, the plaintiff in the above-entitled action is about to appeal to the supreme court of the state of California from a judgment ren- dered against him in said action, in the said superior court, and in favor of the defendant, for four hundred dollars costs, and entered on the twentieth day of December, 1917. Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, residents of the county of Alameda, and state of California, do hereby jointly and severally undertake and promise, on the part of the appellant, that the said appellant will pay all dam- ages and costs which may be awarded against him on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. Dated . [Signatures.] [Justification.] NOTE.— Arizona, Rev. Stats. (Civ. Code 1913), sees. 1242, 1243; Cali- fornia, Code Civ. Proc, sec. 941; Hawaii, Rev. Code 1915, sec. 2535; Idaho, Rev. Codes 1907, sec. 4809; Montana, Rev. Codes 1907, sec. 7101; Nebraska, Rev. Code 1913, sec. 8189; Nevada, Rev. Laws 1912, sec. 5346; New Mexico, Stats. Ann. 1915, sec. 4484; North Dakota, Comp. Laws 1913, sees. 7824, 7831; Oklahoma, Harris & Day's Code 1910, sec. 5251; Oregon, Lord's Ore- gon Laws, sec. 551; South Dakota, Comp. Laws 1913, sec. 5219; Utah, Comp. Laws 1907, eec. 3310; Washington, Rem. Code, sec. 1721. Forms 359, 360 Cowdery's Form Book. 124 No. 359, Notice of Appeal from Justice's Court to Superior Court. [Title of Court and Cause.] To the Justice of said Justice's Court, and J. N., Attorney for Re- spondent : You will please take notice, that the defendant in the above-entitled action hereby appeals to the superior court of the county of Sacra- mento, from the judgment therein made and entered in the said justice's court, on the first day of August, 1917, in favor of said plaintiff and against said defendant, and from the whole thereof. This appeal is taken on questions of both law and fact; [or, this appeal is taken on questions of law; or this appeal is taken from that part of the judg- ment awarding defendant costs]. [Signatures.] NOTE. — In California, a party dissatisfied with the judgment of a police or justice's court may appeal to the superior court. The appeal is taken by filing a notice of appeal and serving a copy on the other party. The notice must state whether the appeal is from the whole or part of the judgment, and if from a part, stating what part, and whether taken on questions of law or fact, or both: Code Civ. Proc, sec. 974. No. 360. Undertaking for Costs on Appeal — Justice's Court to Superior Court. [Title of Court and Cause.] Whereas the plaintiff in the above-entitled action has appealed to the superior court of the state of , in and for the county of , from a judgment made and entered against him in said action, in the said justice's court, and in favor of the defendant in said action, on the day of , 191 — , for dollars ($ ) costs of suit: Now therefore, in consideration of the premises and of such appeal, we, the undersigned, residents and householders within said state, do hereby jointly and severally undertake and promise, in the sum of one hundred dollars ($100), that the said appellant will pay all costs on the appeal, to which amount we acknowledge ourselves jointly and severally bound. Witness our hands this day of , 191 — . [Justification.] [Signatures.] NOTE. — Alaska, Comp. Laws 1913, sec. 2552; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1343; California, Code Civ. Proc, sec. 978; Colorado, Mill's Ann. Stats. 1912, sees. 1910-1915; Idaho, Rev. Codes 1907, sees. 4842- 4845; Kansas, Gen. Stats. 1915, sec. 7824; Montana, Rev. Codes 1907, sec. 7124; Nebraska, Rev. Code 1913, sec. 8452; Nevada, Rev. Laws 1912, sec. .3792; New Mexico, Stats. Ann. 1915, sec. 3220; North Dakota, Comp. Laws. 1913, sees. 9165-9168; Oklahoma, Harris & Day's Code 1910, sees. 5465, 5466; Oregon, Lord's Oregon Laws, sec. 2458; South Dakota, Comp. Laws 1913, sees. 6123-6134; Utah, Comp. Laws 1907, sees. 3747-3749; Washington, Rem. Code, see. 1911; Wyoming, Comp. Stats. 1910, sec. 5124. 125 Appeal. Forms 361, 362 No. 361. Undertaking on Appeal from Money Judgment — Justice's Court to Superior Court. [Title of Court and Cause.] Wliereas the defendant in the above-entitled action has appealed to the superior court of the state of , in and for the county of , from a judgment rendered against him in said action, in the said jus- tice's court, and in favor of the plaintiff in said action, on the day of , 191—, for dollars ($ ), and dollars ($ ) costs of suit; and whereas the appellant is desirous of staying the execution of the said judgment so appealed from: N'ow therefore, in consideration of the premises and of such appeal, we, the undersigned, residents and householders within said state, do hereby jointly and severally undertake and promise, and do acknowledge ourselves jointly and severally bound, in the sum of dollars (being twice the amount of the judgment, including costs), that the appellant will pay the amount of the judgment appealed from, and all costs, if the appeal be withdrawn or dismissed, and that he will pay the amount of any judgment, and all costs, that may be recovered against him in the action in the superior court. Witness our hands this day of , 191 — . [Justification.] [Signatures.] NOTE.— See note to Form 360. No. 362. Undertaking on Appeal from Judgment for Recovery of, or to Foreclose a Lien on, Specific Personal Property — Jus- tice's Court to Superior Court. [Title of Court and Cause.] Whereas the defendant in the above-entitled action has appealed to the superior court of the state of , in and for the county of , from a judgment rendered against him in said action, in the said justice's court, and in favor of the plaintiff in said action, on the day of , 191 — , for the recovery of certain specific personal property therein designated, and dollars ($ -) costs of suit ; and whereas the appellant is desirous of staying the execution of said judgment so appealed from: Now therefore, in consideration of the premises and of such appeal, we, the undersigned, residents and householders within said state, do hereby jointly and severally undertake and promise, and do acknowl- edge ourselves jointly and severally bound, in the sum of dollars ($ ) (being twice the value of said property, including costs), that the said appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal be withdrawn or dismissed, and that he will pay any judgment and costs that may be Form 363 Cowdery's Form Book. 126 recovered against him in said action in the superior court, and will obey any order made by the court therein. Witness our hands this day of , 191 — . [Justification.] [Signatures.] NOTE.— See note to Form 360. No. 363. Undertaking on Appeal from Judgment Directing Delivery of Possession of Real Property — Justice's Court to Superior Court. [Title of Court and Cause.] Whereas , the defendant in the above-entitled action, has ap- pealed to the superior court of the state of , in and for the county of , from a judgment made and entered against him in the said action, in the said justice's court, in favor of the plaintiff in the said action, on the day of , 191 — , and directing the delivery of the possession of certain lands and premises therein described, and dollars ($ ) damages for the detention thereof, and dollars ($ ) costs of suit: Now, therefore, in consideration of the premises and of such appeal, we, the undersigned, residents and householders within said state, do hereby jointly and severally undertake and promise, and do acknowledge ourselves jointly and severally bound, in the sum of dollars ($ ) (being twice the value of said property, including costs), that the said appellant will pay the judgment and costs appealed from, and obey the order of the court made therein, if the appeal be withdrawn or dis- missed, and that he will pay any judgment and costs that may be re- covered against him in said action in the superior court, and will obey any order made by the court therein. And whereas the appellant is desirous of staying the execution of tlie said judgment so appealed from, in so far as relates to the delivery of possession of the said land and premises, we do further, in consid- eration thereof and of the premises, jointly and severally undertake and promise in the further sum of two hundred dollars (being the amount for that purpose fixed by the justice of said court), that, during the possession of said property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the said judg- ment appealed from be affirmed, or the appeal be dismissed or with- drawn, or if judgment be recovered against him in the action in the superior court, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, not exceeding the sum of two hundred dollars ($200), so as aforesaid fixed by the said justice of said court by which the said judgment was rendered; and that appellant will pay any judgment and costs that may be recovered against him in the said action in the superior 127 Appeaij. Form 364 court, not exceeding two hundred dollars ($200), as fixed by the justice of said court. Witness our hands this day of , 191 — . [Justification.] [Signatures.] NOTE.— See note to Form 360. No. 364. Undertaking on Appeal from Judgment of Fine and Impris- onment — Justice's Court to Superior Court. [Title of Court and Cause.] Know all men by these presents: That we, J. D., as principal, and R. R. and E. S., as sureties, are held and firmly bound unto the people of the state of California, in the sum of five hundred dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Signed with our hands, and sealed with our seals, this fifth day of August, 1917. The condition of the above undertaking is such, that, whereas, the said J. D. was, on the fourth day of August, 1917, before E. V. M., Esq., a justice of the peace, in and for township of Clarendon, county of Marin, duly convicted of the crime of [state the crime], as follows: The crime of carrying a concealed weapon; or of assault and battery, etc., and upon said conviction, it was ordered and adjudged by the said justice, that the said J. D. pay a fine, the sum of fifty dollars, and that said J. D. be imprisoned in the county jail, in and for the said county of Marin, till said fine be paid, said term of imprisonment not to exceed twenty-five days. And whereas, the said J. D. is desirous of appealing from the de- cision and judgment of said justice to the superior court of the county of Marin; Now, therefore, we, the undersigned, hereby undertake that if the said judgment shall be affirmed, or modified, or the appeal be dismissed by the said superior court, that the said J. D. shall well and truly pay, or cause to be paid, the fine aforesaid, the sum of fifty dollars, or such part of said fine as the said superior court may direct; if the judgment is afiirmed or modified, or the appeal dismissed, or in case the judgment be reversed, and the case remanded for a new trial, that he will appear in the court to which the case may be remanded, and submit himself to the orders and processes thereof, then this obligation to be null and void, otherwise to be and remain in full force. Dated . [Signatures.] [Justification.] NOTE.— California, Pen. Code, sec. 1273. If the judgment is a fine, the amount may be deposited in lieu of bond. Forms 365, 366 Cowdery's Foem Book. 128 No. 365. Undertaking on Appeal from Judgment of Imprisonments Justice's Court to Superior Court. [Title of Court and Cause.] Know all men by these presents: That we, J. D., as principal, and R, R., and E. S., as sureties, are held and firmly bound unto the people of the state of California, in the sum of five hundred dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. • /.n v, j Signed with our hands and sealed with our seals, this fifth day ot August, 1917. The condition of the above undertaking is such, that whereas the said J. D. was, on the second day of August, 1917, before A. J. C., Esq., a justice of the peace in and for Dam township, county of Siskiyou, duly convicted of the crime of petit larceny, and upon said conviction it was ordered and adjudged by the said justice that the said J. D. be imprisoned in the county jail, in and for the county of Siskiyou, for the term of four months. And whereas, the said J. D. is desirous of appealing from the de- cision and judgment of said justice of the peace. Now, therefore, if the said J. D. shall surrender himself in execution of the judgment, upon its being affirmed, modified, or upon the appeal being dismissed by the said superior court, or in case the judgment be reversed, and the case remanded for a new trial, that he will appear in the court to which the case may be remanded, and submit himself to the orders and processes thereof; then this obligation to be null and void and of no effect; otherwise, to be and remain in full force and virtue. [Justification.] [Signatures.] No. 366. Undertaking on Appeal— Unlawful Detainer— Justice's Court to Superior Court. [Title of Court and Cause.] Whereas H. A. W., the defendant in the above-entitled action, has appealed to the superior court of the county of Sierra, from a judgment made and entered against him in the said action, in the said justice's court, in favor of the plaintiff in the said action, on the third day of May,' 1917. for the recovery of the possession of certain lands and premises therein described, and sixty dollars damages, for the detention thereof, and one hundred dollars, costs of suit ; or for the sum of two hundred dollars, and sixty-seven dollars costs, or for the recovery of certain personal property, etc. Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, do hereby jointly and severally, undertake and 129 Appeal,. Form 367 promise in tlie sum of one hundred dollars, that the said appellant will pay all costs which may be awarded against him on said appeal, or on a withdrawal or dismissal thereof, not exceeding one hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas, the appellant is desirous of staying the execution of the said judgment so appealed from, in so far as relates to the delivei'y of possession of the said land and premises, etc., we do further, in consideration thereof, and of the premises, jointly and severally under- take and promise in the further sum of two hundred dollars (being the amount for that purpose fixed by the justice of said court) ; that during the possession of said property by the appellant, he will not commit, or suffer to be committed, any waste thereon, and that if the said judgment appealed from be aflBrmed, or the appeal dismissed or withdrawn, or if judgment be recovered against him in the action in the superior court, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, not exceeding the sum of two hundred dollars, so as aforesaid fixed by the said justice of said court, by which the said judgment was rendered; and that appellant will pay any judgment and costs that may be recovered against him in the said action in the superior court, not exceeding two hundred dollars, as fixed by the justice of said court. Dated . [Signatures.] [Justification.] NOTE. — In California, the game general form will answer for all appeals A bond on appeal must be given to pay costs, and to prosecute the appeal, and to pay any judgment recovered in appellate court: California. Code Civ. Proc, sec. 978. No. 367. Appeal Bond — Justice's Court — Colorado. [Title of Court and Cause.] Know all men by these presents that we, and , are held and firmly bound unto , in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly, severally, and firmly by these presents. Witness our hands and seals this day of , 191 — . The condition of the above obligation is such that whereas the said did, on the day of , 191 — , before , a justice of the peace in and for the county of , recover a judgment against the above-bounden for the sum of dollars ($ ), from which judgment the said hath taken an appeal to the county court of the county of aforesaid, state of : Now, if the said shall prosecute his appeal with effect, and shall pay whatever judgment may be rendered by tho court upon dis- Form Book — 9 Forms 368-370 Cowdery's Form Book. 130 missal or trial of said appeal, then the ahove obligation to be void; otherwise, to remain in full force and effect. [Signatures and seals.] Approved by me, at my office, this day of , 191 — . , J. P. [Seal.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 4412. TTo. 868. Undertaking on Appeal from Justice's Court in Criminal C ase — Wyoming. State of , County of , ss. , having been convicted before , a justice of the peace of paid county, of the crime of , by a judgment rendered on the day of , 191 — , and having appealed from said judgment to the court of said county, we, , as principal, and , as surety, hereby undertake that the said will appear in the court of said county at the next term thereof, and abide the judgment of the said court, and not depart without leave of the same, or that he will pay to the state of the sum of dollars ($ ). [Signatures.] Acknowledged before and accepted by me at , in the county of '■' — , this day of , 191 — . , Justice of the Peace. NOTE.— "Wyoming, Comp. Stats. 1910, sec. 6120. N"o. 369. Waiver of Appeal and Motion for New Trial. [Title of Court and Cause.] The plaintiff hereby waives his appeal from the judgment hereto- fore entered against him in the above-entitled action, and also his motion for a new trial in the same matter. Dated , 19—. , Attorneys for Plaintiff. No. 370. Undertaking on Appeal from Judgment Appointing a Receiver. [Title of Cause.] Whereas the company, the defendant in the above-entitled action, has appealed to the court from a judgment made and entered against it in said action, in the said superior court, and in favor of the plaintiff in said action, on the day of , 19 — , whereby a receiver was appointed to take charge of the property of said defendant com- pany : Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, residents of the city and county of San Francisco, ilo hereby jointly and severally undertake and promise, on the part of 131 Appeal. Form 37 1 the appellants, that the said appellants will pay all damages and costs which may be awarded against them on the appeal, or on a dismissal thereof, not exceeding three hundi-ed dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas the appellant is desirous of staying the execution of said judgment so appealed from, in so far as it relates to the appointment of a receiver, we do further, in consideration thereof, and of the prem- ises, jointly and severally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of dollars ($ ) (being the amount for that purpose fixed by the judge of said superior court), that if such judgment be affirmed, or the appeal be dismissed, the appellant will pay all damages which the respondent may sustain by reason of such stay, not exceeding the said sum of dollars ($ ) so as aforesaid fixed by the judge of tliis court, by which the said judgment was rendered. Witness our hands this day of , 19 — , [Signatures.] [Justification.] No. 371. Undertaking on Appeal from Judgment Directing Sale of Personal Property upon Foreclosure of Mortgage Thereon. [Title of Cause.] Whereas the defendant in the above-entitled action has appealed to the court from a judgment made and entered against him in said action, in the said superior court, and in favor of the plaintiff in said action, for the sale of certain personal property therein described, and for the foreclosure of a mortgage thereon: Now, therefore, in consideration of the premises, and of such appeaf, we, the undersigned, residents of the city and county of San Francisco, do hereby jointly and severally undertake and promise, on the part of the appellants, that the said appellants will pay all damages and costs which may be awarded against them on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas the appellant is desirous of staying the execution of said judgment so appealed from, in so far as it relates to the sale of said property and to the foreclosure of said mortgage, we do further, in consideration thereof, and of the premises, jointly and severally under- take and promise, and do acknowledge ourselves further jointly and severally bound in the fui'ther sum of dollars ($ ) (being the amount for that purpose fixed by the said superior court), that the appel- lant will, on demand, deliver the mortgaged property to the proper officer if the judgment be affirmed, or, in default of such delivery, that the appellant and sureties will, on demand, pay to the proper officer the full value of such property at the date of the appeal. Witness our hands this day of , 19 — . [Signatures.] [Justification.] Form 372 Cowdery 's Form Book. 132 NOTE. — In Cfi.Hfornia, if the judgment or order appealed from direct the sale of personal property upon the foreclosure of a mortgage thereon, the oxecutLon of the judgment or order cannot be stayed on appeal, unless an undertaking be entered into on the part of the appellant, with at least two sureties, in such amount as the court, or the judge thereof, may direct, to the eifect that the appellant will, on demand, deliver the mortgaged prop- erty to the proper officer if the judgment be affirmed, or in default of such delivery that the appellant and sureties will, on demand, pay to the proper officer the full value of such property at the date of the appeal: California, Code Civ. Proc, sec. 943. No. 372. Undertaking on Appeal Concerning Real Property and Money Damages. [Title of Cause.] Whereas, , one of the defendants in the above-entitled action, has appealed to the supreme court of the state of from a judgment rendered and entered against him in the said action, in the said superior court, in favor of the plaintiff, on the day of , 19 — , for the recovery of the possession of certain lands and premises therein de- scribed, and dollars ($ ) damages for the detention thereof, and dollars ($ ) costs of suit: Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, residents of the city and county of San Francisco, do hereby jointly and severally undertake and promise, on the part of the appellants, that the said appellants will pay all damages and costs which may be awarded against them on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas the appellant is desirous of staying the execution of the said judgment so appealed from, we do further, in consideration thereof, and of the premises, jointly and severally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of dollars ($ ) (being double the amount named in the said judgment), that if the said judgment appealed from, or any part thereof, be affirmed, or the appeal be dismissed, the appellant will l)ay, in current lawful money of the United States of America, the amount directed to be paid by the judgment, or the part of such amount as to which the same shall be affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal ; and that if the appellant do not make such payment within thirty (30) days after the filing of the remittitur from the court in the court from which the appeal is taken, judgment may be entered on motion of respondent, in his favor, against the undersigned sureties, for such amount, together with the interest that may be due thereon, and the damages and costs which may be awarded against the appellant upon the appeal. And whereas the appellant is desirous of staying the execution of the said judgment so appealed from, in so far as it relates to the de- 133 Appeal. Form 373 livery of possession of the said land and premises, we do further, in consideration thereof, and of the premises, jointly and severally under- take and promise, and do acknowledge ourselves further jointly and severally bound in the further sum of dollars ($ ) (being the amount for that purpose fixed by the judge of this court), that during the possession of such property by the appellant he will not commit, or suffer to be committed, any waste thereon, and that if the said judg- ment appealed from be affirmed, or the appeal be dismissed, he will pay the value of the use and occupation of the property from the time of the appeal until the delivery of possession thereof, not exceeding the said sum of dollars ($ ), so as aforesaid fixed by the judge of this court, by which the said judgment was rendered. Witness our hands this day of , 19 — . rT +•« .• 1 [Signatures.] [Justification.] NOTE.— California, Code Civ. Proc, sec. 945. No. 373. Undertaking on Appeal from Judgment for Sale of Mortgaged Premises and Payment of Deficiency. [Title of Cause.] Whereas the defendant in the above-entitled action has appealed to the court from a judgment made and entered against him in said action, in the said superior court, and in favor of the plaintiff in said action, for the sale of certain mortgaged premises therein described, and for the payment of any deficiency arising upon such sale: Now, therefore, in consideration of the premises, and of such appeal, we, the undersigned, residents of the city and county of San Francisco, do hereby jointly and severally undertake and promise, on the part of the appellants, that the said appellants will pay all damages and costs which may be awarded against them on the appeal, or on a dismissal thereof, not exceeding three hundred dollars, to which amount we acknowledge ourselves jointly and severally bound. And whereas the appellant is desirous of staying the execution of said judgment so appealed from, in so far as it relates to the sale of said mortgaged premises and the payment of a deficiency thereon, we do further, in consideration thereof, and of the premises, jointly and sev- erally undertake and promise, and do acknowledge ourselves further jointly and severally bound in the sum of dollars ($ ) (being the amount for that purpose fixed by the judge of said superior court), that the appellant will, in case the said judgment appealed from be affirmed, or the appeal be dismissed, and the mortgaged premises sold, pay to the proper officer the amount of any deficiency arising upon such sale, not exceeding the said sum of dollars ($ ), so as aforesaid fixed by the judge of this court, by which the said judgment was rendered. Witness our hands this day of , 19 — . r-r ,v .• 1 [Signatures.] [Justification.] Forms 374-380 Cowdery's Form Book. 134 NOTE.— When the judgment is for the sale of mortgaged premises, and the payment of a deficiency arising upon the sale, the undertaking must also provide for the payment of such deficiency: California, Code Civ. Proc, sec. 945. No. 374. Notice of Appeal by Defendant— Small Claims Court- Oregon. In the Court of the State of Oregon, for County, Plaintiff, ▼. Defendant.^ Comes now , a resident of county, Oregon, and appeals from a decision of the small claims department of tlie district court of county, Oregon, for district, wherein a judgment for dollars was awarded against him on the day of , 19 — . f Appellant. APPEARANCE. 380. Notice of appearance. No. 380. Notice of Appearance. [Title of Court and Cause.] To , Attorneys for Plaintiff: The undersigned hereby appears in the above-entitled action as attorney for the defendant, reserving to himself ten days' time from date within which to plead or move in said action. Dated . » Attorney for Defendant. APPLICATION. See Complaint; Petition. Application by a Firm for Registration of Trademark, No. 3642. Application by a Corporation for Registration of Trademark, No. 3643. Application for Appointment as Guardian Ad Litem, No, 2011. Application for Appraisers on Execution Against Homestead, No. 2082. Application for Change of Name, Nos. 1300, 1301. Application for Confirmation of Composition, No. 714. Application for Copyright by Citizen or Resident of the United States, No. 1258. Application for Mining Patent, No. 2628. Application for Registration of Trademark, No. 3641. Application for Subpoena to Compel a Subscribing Witness to Attend Be- fore an Officer to Prove the Execution of a Conveyance, No. 3452. 135 Appraisement — Arbitration and Award. Application for Writ of Certiorari, No. 858. Application of Creditors for Executor to Recover Property, No. 1850. Application of Husband of Insane Wife to Sell Homestead, No. 209'J. Application to United States Surveyor-general for Survey of Mining Claim. No. 2625. APPRAISEMENT. Appointment, Oath and Report of Appraisers, No. 672. Appointment of Trustee by Creditors, No. 682. Appointment of Trustee by Referee, No. 683. Appraisement of Lost Property, No. 2557. ARBITRATION AND AWARD. 390. Agreement, by partners, to arbitrate. 391. Agreement of special submission to arbitration. 392. Submission clause in contract. 393. Agreement to arbitrate. 394. Notice to arbitrators of their appointment. 395. Notice of hearing of arbitration. 396. Arbitrator's oath. 397. Oath of witness before arbitrators. 398. Subpoena on arbitration. 399. Notice of filing award to be served on adverse party. 400. Affidavit that notice of filing award has been served. 401. Affidavit on motion to vacate judgment on award. 402. Notice of motion to correct award. 403. Order staying entry of judgment on award. 404. Order amending award. 405. Notice of motion to vacate award. 406. Order vacating award and ordering a rehearing. 407. Affidavit on motion to modify or correct an award. 408. Award. 409. Award. 410. Bond on arbitration. 411. Condition of bond on special submission. 412. Notice to arbitrators of revocation by both parties. 413. Notice to party of revocation. 414. Stipulation revoking submission. 415. Revocation of submission by one party. 416. Affidavit that arbitrators have not made their award. 417. Complaint in action to recover damages for revocation of submission to arbitration. 418. Answer of arbitration and award. 419. Release made in pursuance of award. 420. Agreement to submit controversy to arbitration In pending action. 421. Agreement to submit controversy to arbitration in pending action. 422. Report as to disagreement of arbitrators in arbitration in pending action. 423. Amendment to submission to arbitration in pending action. INTRODUCTORY NOTE. Any controversy which may be the subject of a civil action, except a question of title to real property, may be submitted in writing to arbitration to one or more persons. Questions relating Forms 390, 391 Cowdeby's Form Book. 136 merely to the partition or the boundaries of real property may be submitted. NOTE.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 1480; California, Code Civ. Proc, sees. 12S1, 1282; Colorado, Mill's Ann. Stats. 1912, sec. 1873; Idaho, Eev. Codes 1907, sees. 5260-5262; Kansas, Gen. Stats. 1915, sec. 408; Montana, Eev. Codes 1907, see. 7365 et seq.; Nebraska. Eev. Code 1913, see. 8218; Nevada, Eev. Laws 1912, sec. 5255; New Mexico, Stats. Ann. 1915, sec. 243; North Dakota, Comp. Laws 1913, sec. 8327; Utah, Comp, Laws 1907, sec. 3221; Washington, Rem. Code, sec. 421; Wyoming, Comp. Stats. 1910, sec. 4928 et seq. No. 390. Agreement, by Partners, to Arbitrate. This submission, made and entered into on the day of . 191 — , by and between and , witnesseth : Whereas, the said parties, on or about the day of , 191 — , made and entered into a copartnership, at which partnership has continued up to the present time, and being desirous of dissolving said partnership, and being unable to agree upon the settlement of the accounts thereof, and concerning the proportions and shares which now belong to each party therein : Now, therefore, in consideration of the premises, and to avoid re- course to a suit in the courts, the parties have agreed to mutually submit, and hereby do submit, and refer the whole matter of the set- tlement and adjustment of said partnership, as between the parties, to . And the said parties do mutually covenant and agree, each to and with the other, to observe and abide by the decision and award of such arbitrator; and we further agree that the award and decision of said arbitrator shall be made an order of the court of the county of , state of , and svch award shall be made within days from the date hereof. [Signatures.] NOTE. — Precedent in Carsley v. Lindsay, 14 Cal. 390, 391. No. 391. Agreement of Special Submission to Arbitration. Whereas a controversy has arisen between , of the county of , state of , and , of the same place, in relation to : Now therefore we, the undersigned, and , aforesaid, do hereby submit the said controversy to the arbitrament of , , and , of the county of , state of , or any two of them; and we do mutually covenant and agree, to and with each other, that the award to be made by the said arbitrators, or any two of them, shall in all things, by ns, and each of us, be well and faithfully kept and observed; provided, however, that the said award be made in writing, under the hands of the said arbitrators, or any two of them, and be ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the day of , 191 — . Witness our hands this day of , 101 — . [Si.2rnatures.] 137 Arbitration and Award. Forms 392-394 No. 392. Submission Clause in Contract. If a dispute should arise in reference to extra work, or in respect to compensation for the same, such disagreement shall be submitted to the arbitration of A. B., C. D., and E. F., and such submission shall be made and entered as an order of the superior court. No. 393. Agreement to Arbitrate. Whereas a controversy is now existing between A. B. and C. D., arising out of a business transaction substantially as follows: On November 10, 1916, A. B. borrowed of C. D. $1,000 and executed, acknowledged and delivered to C. D. a mortgage upon certain land belonging to A. B. to secure the payment of said loan. After that transaction A. B. and C. D. became interested together in prospecting for mineral oil until C. D. became indebted to A. B. in the sum of $10,000. C. D. paid A. B. all said indebtedness except $1,500, and A. B. threatened suit to recover said balance unless C. D. would release said mortgage and suiTender A. B.'s promissory note for $100, which C. D. refused to do upon the ground that he held the note and mortgage in trust for his wife, and that he never had any interest in the mort- gage. The question to be decided is. Shall C. D. execute said assign- ment? Now, therefore, we, the undersigned, A. B. and C. D., aforesaid, do hereby submit the said controversy to the arbitrament of E. F., G. H. and I. J. ; and we do mutually agree, that the award to be made by the said arbitrators, or any two of them, shall in all things, by us, and each of us, be well and faithfully kept and observed ; provided, hoAvever, that the said award be made in writing, by the said arbitrators, or any two of them, and ready to be delivered to the said parties, on the first day of May next, and it is hereby stipulated that this sub- mission to arbitration shall be entered as an order of the superior court of the state of California, in and for the city and county of San Francisco. Dated . [Signatures.] No. 394. Notice to Arbitrators of Their Appointment. To , , and . You are hereby notified that you have been nominated and chosen arbitrators, as well on the part and behalf of the undersigned , of as of , of , also undersigned, to arbitrate and settle divers subjects of controversy and dispute between the undersigned, and to make award in such matter; and you are requested to meet the said parties at the office of , in the , on the day of ^ 191 — ^ at o'clock P. M. of that day, for the purpose of fixing upon a time and place when and where the proofs and allegations of the said parties shall be heard. Dated [etc.]. [Signatures.] Forms 395-398 Cowdery's Form Book. 13S No. 395. Notice of Hearing of Arbitration. To A. B. and C. D.: You will please take notice that the arbitrators have appointed a hearing in the matter above specified, to be had before them, at the ofiice of S. B., in the town of, etc, on the first day, etc. [Signatures.] NOTE. — If notice of the time and place of meeting on the arbitration is not given to the parties, the award will be invalid as to those not notified: Lutz v. Linthicum, 33 U. S. 165, 8 L Ed. 904. But notice of the final meeting held simply to make up and sign the award is not required: Masterson v. Kidwell, 2 Cranch (C. C), 669, Fed. Cas. No. 9269. No. 396. Arbitrator's Oath. State of , County of . We, the undersigned arbitrators, appointed by and between S. D. and H. M., do swear that we, respectively, will faithfully and fairly hear and examine the allegations and evidence of the said parties in i-elation to the matters in controversy between them, and will make a just award therein, according to our understanding. Subscribed and sworn to [etc.]. [Signatures.] NOTE. — All the arbitrators must meet and act together, but when met, a majority may determine any question. Before acting, they must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation to the matters in controversy, and to make a just award according to their understanding: California, Code Civ. Proc, sec. 1285. No. 397. Oath of Witness Before Arbitrators. You do solemnly swear [or "affirm"] that the evidence you shall give to the arbitrators here present on a controversy [or, "on certain mat- ters in controversy"], between S. D. and H. M. shall be the truth, the whole truth, and nothing but the truth. So help you God. NOTE. — Arbitrators may appoint a time and place for hearing, adjourn from time to time, administer oaths to witnesses, hear the allegations and evidence, and make an award: California, Code Civ. Proc, sec. 1284. No. 398. Subpoena on Arbitration. State of , County of , ss. The People of the State of to and , Greeting. We command you, and each of you, personally, to attend at the office of , in the town of , in said county and state, on the day of , 191 — , at o'clock A. M. of that day, before , , and , arbitrators chosen to determine a controversj^ between and , whereof the submission is on file in this court, then 139 Arbitration and Award. Forms 399-401 and there to testify in relation thereto before said arbitrators, on the part of . Hereof fail not at your peril. Witness the Honorable , judge of the court of , and the seal of said court, this day of ^ 191 — . [Seal] , Clerk. No. 399. Notice of Filing Award to be Served on Adverse Party. [Title of Court and Cause.] To C. D.: Please take notice that the arbitrators in the above-entitled matter have made their award, and it was filed with the county clerk of the said city and county, on the 3d day of June, 1905. A. B. No. 400. Affidavit That Notice of Filing Award has been Served. [Title of Court and Cause.] A. B., being sworn, says that on the fourth day of June, 1917, in the said city and county, he personally served notice of filing the award in the above-entitled matter on C. D., by delivering him a copy of the original notice now on file, in words and figures as follows: [Insert copy of notice.] And deponent further states that no order staying the entry of judgment in said matter has been served. Subscribed and sworn to [etc.]. [Signature.] No. 401. Affidavit on Motion to Vacate Judgment on Award. [Title of Court and Cause.] C. D., being duly sworn, says that, in the above-entitled matter, a majority of the arbitrators, to wit, E. F. and G. H., agreed upon an award in favor of A. B., and on the third day of June, 1917, filed the same Avith the county clerk of said county. That by said award said C. D. is directed to make, execute, acknowledge, and deliver to A. B., on or before June 15, 1917, a good and sufficient assignment of a certain mortgage executed and delivered by the said A. B. to C. D., on November 10, 1916, to secure the sum of $1,000. At a meeting of the arbitrators, C. D. offered to prove that the said mortgage was the property of his, C. D.'s wife, but it was taken in his, C. D.'s name, because he was trustee for his wife under her deceased father's will. That after the execution of said mortgage to C. D. he and A. B. became mutually interested in certain oil ventures and A. B. became indebted to C. D. in the sum of $10,000. That he paid all his indebtedness to A. B. except $1,500, and he, A. B., threatened suit to recover said amount, and the controversy between A. B. and C. D. in the matter of said arbitration was, whether C. D. had the right to make said assignment without the consent of his wife. A majority of the board refused to permit affiant to prove the facts as above stated. Wherefore affiant Forms 402, 403 Cowdery 's Form Book. 140 prays for an order staying the entry of said judgment, and for a new hearing before the same or other arbitrators as the court may deem proper. NOTE. — Vacating Award. — The court, on motion, may vacate the award upon either of the following grounds, and may order a new hearing before the same arbitrators, or not, in its discretion: 1. That it was procured by corruption or fraud; 2. That the arbitrators were guilty of misconduct, or committed gross error in refusing, on cause shown, to postpone the hear- ing, or in refusing to hear pertinent evidence, or otherwise acted improp- erly, in a manner by which the rights of the party were prejudiced; 3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted, to consider a part of the matters submitted to them; or that the award is indefinite or cannot be performed: California, Code Civ. Proc, sec. 1287. Correcting Award. — The court may, on motion, modify or correct the award, where it appears: 1. That there was a miscalculation in figures upon which it was made, or that there is a mistake in the description of some person or property therein; 2. When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not affect the decision on the matters submitted; 3. "When the award, thouj^h imperfect in form, could have been amended if it had been a verdict, or th'e imperfection disregarded: California, Code Civ. Proc, see. 1288. When the verdict is announced, if it is informal or insufficient in not covering the issue submitted, it may be corrected b.y jury under the advice of the court, or the jury may be again sent out: California, Code Civ. Proc, sec. 619. The court may amend a verdict when it is defective in something merely formal, and which has no connection with the merits of the case; Perkins V. Wilkin's, 3 Cal. 137. No. 402. Notice of Motion to Correct Awaxd. [Title of Court and Cause.] To CD.: Please take notice that A. B. will move the court to correct the award filed herein on August 3, 1917, by striking out the sum of $73.65 awarded in favor of C. D. The motion will be made upon the affidavit of A. B. filed herein on application to stay the entry of judgment herein, and all the papers in the matter, and on the ground that said amount was inserted in the award by mistake. Dated . A. B. No. 403. Order Staying Entry of Judgment on Award. [Title of Court and Cause.] Upon application of C. D., supported by his affidavit, and upon the award and other papers on file herein, it appearing that there is good cause therefor, it is ordered that the entry of judgment upon said award be, and the same is, by this order, stayed until the further order of this court. 141 Arbitration and Award. Forms 404-408 No. 404. Order Amending Award. [Title of Court and Cause.] This matter came on to be heard upon motion after a hearing on the merits, all parties being present at the hearing; it is ordered that the award filed on August 3, 1917, be amended by deduoting therefrom the sum of $73.75, and that judgment be entered for the amount of the award as so reduced. No. 405. Notice of Motion to Vacate Award. [Title of Court and Cause.] To A. B.: Please take notice that on Friday, the fifteenth day of July, 1917, at 10 o'clock A. M., in the above-entitled action, C. D. will move the court at the courtroom thereof to vacate the award made in said matter upon the ground that it was procured by fraud, and said motion will be based upon this notice, the papers on file in the matter and upon the affidavit of C. D., a copy of which is served with this notice. C. D. No. 406. Order Vacating Award and Ordering a Reliearing. [Title of Court and Cause.] This matter coming on to be heard, and after hearing being submitted, it is ordered the award herein made be vacated and the whole matter be, and is hereby, submitted to the same arbitrators for rehearing in accordance with the opinion of this court this day given. No. 407. Afadavit on Motion to Modify or Correct an Award. [Title of Court and Cause.] A. B., being sworn, says: That he is one of the parties in the above- entitled matter. That in the award made in said matter and filed on August 3, 1917, it appears upon the face of the award that in com- puting interest on the amount awarded in favor of C. D., a miscal- culation was made of the interest due upon $12,763.72, from January 3, 1914, to August 3, 1917, to the amount of $73.C5 against affiant; that notice of said award has been served on affiant, and unless said mistake is corrected, it will become final. Wlierefore, affiant prays for an order, staying the entry of judgment on said award until the further order of the court. Subscribed and sworn to [etc.]. A. B. No. 408. Award. [Title of Court and Cause.] To the Superior Court of the State of California, in and for tlie City and County of San Francisco. The undersigned, to whom were submitted, as arbitrators, the matters in controversy existing between A. B. and C. D., as by their submission Form 408 Cowdery's Form Book. 142 in writing, and bearing date the first day of May, 1917, more fully appears: Now, having been first duly sworn according to law, and liaving heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing; that is to say, the said C. D. shall make, execute, and de- liver to the said A. B. on or before the fifth day of June, instant, a good and sufficient assignment of a certain mortgage, executed by A. B. to C. D., on November 10, 1917, to secure the payment of the sum of $1,000 by A. B. to C. D. That the satisfaction shall be acknowledged before a notary public and be delivered to C. D. without any payment therefor. And we do further award that the said A. B. and C. D. sliall, within ten days next ensuing the date hereof, execute unto each other, mutual and general releases of all actions, cause and causes of action, suits, controversies, claims, and demands whatsoever, for or by reason of any matter, cause, or thing, from the beginning of the world down to the date of the said submission. Dated , G. H., Arbitrator. I. J., Ai'bitrator. NOTE. — Forms of Awards Upheld. — "We, the arbitrators, find and agree that P. [the vendor] pay S. [the vendee] $550, and take the crop as it now stands, on the said plantation." Held, to be sufficiently certain; Pike v. Stallings, 71 Ga. 860. We find that "there is due and owing by A. to B. the sum of $500, and that judgment be rendered by the court in favor of B. in the sum of $500 and costs," is certain: Garitee v. Carter, 16 Md. 309. The question to be arbitrated was, as to whether A, had trespassed upon the land of B. The award briefly said: We find that "there was no trespass." It was certain: Harralson v. Pleasants, 61 N. C. 365. An award for A. "of three judgments against B., dated 21 of December, 1813, amounting to $165, with interest; also one other judgment amounting to $40, dated November 16, 1816, together with interest": Held, to be suffi- ciently certain: White v. Jones, 8 Scrg. & R. 349. An award "that one of the parties shall own in his own right all the interest which the parties jointly had in a brewery situated at B.," is not uncertain: Bycrs v. Von Deusen, 5 Wend. 268. A dispute arose about the right to the possession of a sawmill, etc., and the award was: "We award to A. one-third of the sawmill, one-third of the mill-yard, and one-third of the water privilege, and land enough to make in all two-thirds of five acres bounded," etc., to be so surveyed as not to include B.'s house and barn, and A. to remove a certain gristmill adjoining said sawmill within three months," is not uncertain: Hewitt v. Furman, 16 Serg. & R. 135. In awards, such descriptions as the "Peter tract," the "Eiley tract" and the "Mill tract" or the "Reis tract" will be upheld: Farris v. Caperton, 38 Tenn. 606. An award requiring conve/^-ances to be made of certain por- tions of land "up to the original claim lines" is not invalid: Williams v. Warren, 21 111. 541. The dispute was whether A. had the right to stop the water from B.'s shingle-mill, and also the right of the party to the use of the water. The award was that "A. had the right for the use of his sawmill to stop in a prudent, proper and judicious manner, and retain the water from the shingle-mill by a dam above and near the Durgan bridge, and at the place 143 Arbitration and Award. Form 409 where the dam then stood, and of the height of the present dam, EufHoient to operate the sawmill, as it had been operated since the dam near the bridge had been built, and not otherwise, and that B. should not, in any manner nor for any purpose, obstruct the water, but should permit A. to use it without molestation." Held sufEcient: Pike v. Gage, 29 N. H. 461. An award that a mill owner should "keep on said cap log flash-boards twelve inches wide, at all times except in times of freshet," was upheld as to the form, but set aside because the word "freshet" was so varying in meaning as to necessitate constant litigation: Harris v. Social Mfg. Co., 9 E. I. 99, 11 Am. Eep. 224. An award that T. shall have the right of support for his building and the timbers thereof in a wall erected by S., separating the buildings of T. and S. in as full, ample and secure a manner as they are now supported therein, for so long a time as said wall shall be capable of furnishing said support, and not to become ruinous and unsafe, and that S. shall have the same right of support for her building and the timbers thereof in the wall of said T. in the manner they are now supported thereby, and for the same time was upheld in Truesdale v. Straw, 58 N. H. 207. An award providing that notes which were ordered by the award should be "satisfactorily secured" upheld, because the words above quoted had a well-known commercial meaning: Cutter v. Cutter, 48 N. Y. Super. Ct. 470. The question submitted was the value of work on a house. The arbitrators set out the items of work done and set a value to each item. Award held to be clear and certain: Saunders v. Heaton, 12 Ind. 20. A county had a dispute with its treasurer in respect to the amount due it. The arbitrators found as follows: "We find the said J. deficient in the teacher's fund $660.90; interest thereon at 6 per cent, to December 15, 1883, $144.48. We find J. deficient in the contingent fund $143.24; interest on the same to December 15, 1883, $10.67. Total deficiency, with interest added on all funds, $957.08." Award held to be certain: District Tp. 0*1: Walnut V. Eankin, 70 Iowa, 65, 29 N. W. 806. "We agree that E. S. pay all costs, and assess the plaintiff's damage to $100," interpreted by the court to mean that defendant E. S. was "awarded" to pay to the plaintiff $100 and also his costs expended in the cause referred: Carter v. Sams, 20 N. C. 321. No. 409. Award. In the Matter of the Arbitration Between E. B. C. and D. B. L. The above cause having been heard and determined before the under- signed, M. N., named as arbitrator in the submission of the parties, filed in the court, to wit, on the thirty-first day of May, and on the first and second days of June, 1917, the parties on each day appearing, and all and singular the evidence having been heard, I hereby make award herein as follows: That the said R. B. C. is accountable to the partnership lately exist- ing between him and said L. in the sum of $491.32. And the said D. B. L. is accountable to the said partnership in the sum of $2,905.81. And that, by reason of the premises, the said C. is entitled to have and recover of said L. one-half the difference between said amounts, viz.: $2,707,241/2, and that the said partnership between the said C. and L., from this date should be dissolved. NOTE. — This form is a copy of the award sustained by the supreme ■court in Carsley v. Lindsay, 14 Cal. 390. Forms 410-412 Cowdery's Form Book. 144 No. 410. Bond on Arljitrafcion. Know all men by these presents: That I, A. B., am held and firmly bound to C. D. in the sum of one thousand dollars, lawful money [or gold coin] of the United States, to be paid to the said C. D., or to his executors, administrators, or assigns, for which payment to be well and faithfully made, I bind myself, my heirs, executors, and admin- istrators, firmly by these presents: The condition of this obligation is such, that if the above bounden A. B., his heirs, executors, and administrators, shall and do, in all things, well and truly abide by, perform, fulfill and keep, the award, order, arbitrament, and final determination of E. F., G. H., and I. J., of, etc., arbitrators, appointed to arbitrate, award, order, judge, and determine, of and concerning all and all manner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, judgments, executions, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time heretofore had, made, moved, brought, com- menced, sued, prosecuted, done, suffered, committed, or depending by and between the said parties, so as the said award be made in writing under the hands of the said arbitrators, or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on or before the first day of May, 1917, then this obligation to be void, or else to remain in full force. Dated . re.. . ■, [Signatures.] NOTE. — Each party may give to the other a similar bond. No. 411. Condition of Bond on Special Submission. The condition of the above obligation is such that if the above- bounden shall well and truly submit to the decision of , , and , named, selected, and chosen arbitrators, as well by and on tlie part and behalf of the said and , between whom a con- troversy exists, to hear all the proofs and allegations of the parties, of and concerning , and all matters relating thei'eto, so as the said award be made in writing, under the hands of said arbitrators, or any two of them, and ready to be delivered to the said parties in differ- ence, or such of them as shall desire the same, on or before the (Jay of , 191 — , then this obligation is to be void; otherwise, to remain in full force and effect. Witness our hands [etc.]. [Signature.] No. 412. Notice to Arbitrators of Revocation by Both Parties. To S. N., T. F., and F. R., Esquires : Take notice, that we do hereby revoke your powers as arbitrators under the submission made to you by us in writing, and entered as an order of the superior court [or as the case may be], on the first day of May, 1917. A. B. CD. 14:5 Arbitration and Award. Forms 413-416 No. 413. ITotice to Party of Revocation. To S. D.: You are hereby notified, that I have this day revoked the powers of S. N., T. F., and F. R., arbitrators chosen to settle the matters in con- troversy between us; and that the following is a copy of such revoca- tion: [Insert the revocation made by one of the parties only.] No. 414. Stipulation Revoking Submission. [Title of Court and Cause.] In the matter of A. B. and C. D., it is hereby stipulated that the matter of the submission to arbitration by A. B. and C. D., on May 1, 1917, and filed and entered on the same day in Register of Actions, Book 112, Case No. 35,872, in county clerk's ofiBce of the city and county of San Francisco, is hereby revoked. No. 415. Revocation of Submission by One Party. To , , and -. You are hereby notified that I, the undersigned, do hereby revoke your powers as arbitrators under the submission made to you by and myself in writing on the day of , 191 — . Dated [etc.]. [Signature.] NOTE'. — If the submission is not made an order of the court, it may be revoked at any time before the award is made. No. 416. Afidavit That Arbitrators Have not Made Their Award. [Title of Court and Cause.] A. B., being duly sworn, says: That the above-entitled matter was on May 1, 1917, submitted to arbitration; and it was stipulated that the submission be entered as an order of the said superior court, and said submission was entered by the county clerk of said city and county, in the manner as is directed by law. That E. F., G. H., and I. J. were named in said submission as arbitrators. That the time stipulated within which the award must be made has passed, and award has not been made. That arbitrators E. F. and G. H. have, from time to time, met, but have been unable to agree, and cannot agree without the presence of said third arbitrator, upon an award. That I. J., the third arbitrator, appeared at the first meeting of the arbitrators after the submission, to wit, on May 2, 1917, and the three arbitrators were jointly and severally sworn in the manner directed by law and unan- imously adjourned to meet again at the same hour and place in said city and county on May 4, 1917, and at the time, place and hour to which the first meeting was adjourned, affiant, C. D. and E. F. and G. H. met, but the said I. J. did not appear. That on the day folloAv- ing, to wit, on May 5, 1917, affiant met said I. J. and asked him why Form Book — 10 Form 417 Cowdery's Form Book. 146 he did not attend at the meeting on May 4th as agreed upon. He then said that he had too much to do and could not be there without injury to his business, and he had made up his mind to have nothing more to do with the matter. Wherefore, affiant respectfully requests the court to make an order commanding the said I. J. to show cause why he should not be held to answer for the violation of his oath that he would faithfully hear and examine the allegations and evidence of the parties in relation to the matters in arbitration controversy between affiant and C. D.; [or to show cause why he should not be punished for contempt because of his failure to perform his duty as aforesaid as arbitrator, or to show cause why he should not be commanded to attend all meetings held by said arbitrators until award is made]. Subscribed and sworn to [etc.]. No. 417. Complaint in Action to Recover Damages for Revocation of Submission to Arbitration. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the day of , 191—, plaintiff and defendant con- tracted together, in writing, as follows: . 2. That immediately after the execution of said contract, plaintiff made preparations to prosecute said arbitration matter, by employing experts to examine books of account and to make estimates of value, and employed an attorney at law to assist plaintiff in gathering evi- dence to sustain plaintiff's contention in said arbitration matter, and brought witnesses to the place where the arbitrators had agreed to meet, and did meet, to wit, at room . 3. That all said arbitrators met on twelve different days at the place agreed upon, in the month of , 191 — , and examined witnesses and documentary evidence; and both plaintiff herein and defendant ap- peared at every meeting held, and produced witnesses and brought counsel with them, and said counsel conducted the arbitration, and when the evidence was all in the matter was argued by counsel on each side and submitted to the arbitrators for judgment. 4. That while the arbitrators were considering the matter before them, but before an award was made, to wit, on , 191 — , defendant served a writing on plaintiff and on each of the arbitrators revoking the submission to arbitration, and, without plaintiff's consent, defend- ant revoked said submission to arbitration, and also notified plaintiff and all the arbitrators at the last meeting held that he would have nothing more to do with said arbitration, and the arbitrators adjourned without day. 5. That in preparing said matter for arbitration and submission, and in arbitrating and submitting said matter, plaintiff expended dollars ($ ) for witness fees, dollars ($ ) for counsel fees, dollars ($ ) for examining and experting books of account; 147 Arbitration and Award. Forms 418-420 and plaintiff alleges that his own time occupied in preparing for said arbitration and attending the several meetings was a loss to him to the extent of dollars ($ ). Wherefore plaintiff alleges that because of defendant's revocation of said submission to arbitration he has been damaged in the sum of dollars ($ ), and for which he demands judgment and for costs of this action. [Signature.] No. 418. Answer of Arbitration and Award. [Title of Court and Cause.] The defendant answers to the complaint: 1. That on the day of , 191—, the plaintiff and defendant, in writing, mutually submitted the demand set forth in the complaint to the arbitration of , , and , which said submission has never been revoked. 2. That on the day of , 191 — , at , the said arbitrators made and published their award, by which they declared the plaintiff not entitled to any part of his said demand. 3. [A copy of said submission and of said award is hereto attached, marked "Exhibit A," and made part hereof.] Wherefore defendant prays judgment for his costs. [Verification.] [Signature.] No. 419. Release Made in Pursuance of Award. Know all men by these presents that I, , of , in the county of , state of , have remised, released, and forever quitclaimed, and by these presents do remise, release, and forever quitclaim, unto • — -, of , in the said county, his heirs, executors, and administrators, from all actions, cause and causes of action, judgments, suits, con- troversies, trespasses, debt, duties, damage, accounts, reckonings, and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of last, save and except my right to redeem a certain farm now in mort- gage to the said , at the time, under the terms, and in the manner prescribed in and by a certain award made the day of in the year , by , of the county of , state of , on reference to him of all disputes between me and the said . In witness whereof [etc.]. [Signature.] No. 420. Agreement to Submit Controversy to Arbitration in Pending Action. [Title of Court and Cause.] It is stipulated and agreed between the parties hereto that the plain- tiff and defendant do hereby submit the controversy set forth in the pleadings on file herein to the arbitration of A, H. R., nominated by Form 421 Cowdery's Form Book. 148 the plaintiff, and E. T. C, nominated by the defendant; and in case said arbitrators are unable to agree they shall select a disinterested third party, and all three of said arbitrators shall thereupon arbitrate the said controversy, and the judgment of any two of them shall be final; and said arbitration shall be both upon the issues of law and fact raised by said pleading. It is further expressly provided that the said award shall be made in writing by the said arbitrators, or any two of them, and that the said award shall be made within day of the date of this submission. It is stipulated that this submission to arbitrate shall be entered as an order of the above-entitled court and may be enforced by the court in the same manner as a judgment as provided in section 1283 of the Code of Civil Procedure. In witness whereof the parties have hereunto set their hands and seals, this day of , 19 — , , Plaintiff. , Attorney for Plaintiff. , Defendant. , Attorney for Defendant. No. 421. Agreement to Submit Controversy to Arbitration in Pending Action. [Title of Court and Cause.] It is stipulated and agreed between the parties hereto that the plain- tiff and defendant do hereby submit the matter in controversy set forth in the complaint on file herein to the following three arbitrators, viz.: A. C. R., G. W., and P. J. L. and the said three above-named arbitrators shall arbitrate said con- troversy, and the judgment of any two of them shall be final; and said arbitration shall be both upon the issues of law and of fact raised by said complaint. It is further expressly provided that the said award shall be made in writing by the said arbitrators, or any two of them, and that said award shall be made within days of this submission. It is stipulated that this submission to arbitrate shall be entered as an order of the above-entitled court and may be enforced by the court in the same manner as a judgment, as provided in section 1283 of the Code of Civil Procedure. In witness whereof the parties have hereunto set their hands and seals this day of , A. D. 19 — . -, Attorneys for Plaintiff. -, Attorneys for Defendant. 149 Arrest and Bail in Civil Actions. Forms 422, 423 No. 422. Report as to Disagreement of Arbitrators in Arbitration in Pending Action. [Title of Court and Cause.] E. N., one of the arbitrators appointed under the submission to arbi- tration herein dated , 19— and the amendment thereto dated , 19— and filed in the above-entitled court on , 19—, hereby cer- tifies and reports to the parties hereto, and to the above-entitled court as follows, to wit: a rr at V That said undersigned arbitrator cannot agree with A. H. M., his coarbitrator, as to the award by them to be made hereunder, and that further said undersigned arbitrator cannot agree with his coarbitrator as to the selection of a disinterested third party to sit and act as a third arbitrator herein. EespcctfuUy submitted, Dated this day of , 19—. No. 423. Amendment to Submission to Arbitration in Pending Action. [Title of Court and Cause.] By mutual consent, the nomination of C. H. D. as the arbitrator nomi- nated by plaintife under the submission on file herein is hereby with- drawn, and A. M. is hereby substituted for said C. H. D., as plaintiff's nominee, which said substitution is ratified and approved by all of the parties hereto. Dated , 19—. ^ Plaintiff. , Attorney for Plaintiff. , Defendant. , Attorney for Defendant. ARREST AND BAIL IN CIVIL ACTIONS. 434 Affidavit for order of arrest— Departing to defraud creditors. 435 Affidavit for order of arrest— Money received in a fiduciary capacity. 436. Affidavit for order of arrest— Personal property unjustly detained. 437 Affidavit for order of arrest— Fraud in contracting debt. 438! Affidavit for order of arrest for fraudulent concealment of property. 440. Undertaking for order of arrest. 441. Order for arrest. 442. Indorsement of order of arrest — Justice's court. 443. Undertaking on part of defendant. 444. Command hy sureties to arrest defendant. 445 Notice to plaintiff of arrest^Justice's court. 446. Return, and certificate of service of sununons, order of arrest, and ot notice to plaintiff— Justice's court. 447. Notice of apnlication for discharge from imprisonment. 448. Judgment by justice of the peace when defendant is subject to axre«. 449 Undertaking for arrest in justice's court— Oregon. 450. Undertaking for arrest in justice's court— Washington. 451 "Writ" of arrest in justice's court — Oregon. 452. "Warrant" of arrest in justice's court-Washington. 453. Return of summons on arrest. Form 434 Cowdeby's Form Book. 150 INTEODUCTORY NOTE. In California, the defendant may be arrested : 1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the state with intent to defraud his creditors; 2. In an action for a fine or penalty, or for money or property embezzled, or fraudulently misapplied, or converted, to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the course of his employment as such or by any other person in a fiduciary capacity ; or for misconduct or neglect in office, or in a professional employment, or for a willful violation of duty ; 3. In an action to recover the possession of personal prop- erty unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the sheriff; 4. Wlien the defendant has been guilty of a fraud in contracting the debt or incurring the obliga- tion for which the action is brought ; or in concealing or disposing of the property for the taking, detention, or conversion of which the action is brought ; 5. When the defendant has removed or dis- posed of his property, or is about to do so, with intent to defraud his creditors. An order for the arrest of the defendant must be obtained from the judge of the court in which the action is brought. The order may be made whenever it appears to the judge, by affi- davit, that a sufficient cause of action exists, and that the case is one of those mentioned above. The affidavit must be either positive or upon information and belief ; and when upon information and belief, it must state the facts upon which the information and be- lief are founded. NOTE— Alaska, Comp. Laws 1913, sees. 931-954; California, Code Civ. Proc sec. 479 et seq.; Idaho, Rev. Codes 1907, sees. 4240^206; Kansas, Gen. Stats' 1915 sees. 7039-7067; Montana, Rev. Codes 1907, sees. 6o9o-6621; Nevada Rev. Laws 1912, sees. 5087-5123; North Dakota, Comp. Laws 1913 sees 7488-7515; Oregon, Lord's Oregon Laws, sec. 261 et seq.; South Dakota Comp. Laws 1913, see. 4944 et seq.; Utah, Comp. Laws 1907, sees 3010-3044; Washington, Rem. Code, sees. 748-784; Wyoming, Comp. Stats. 1910, sees. 4817-4846. No. 434. Affidavit for Order of Arrest — Departing to Defraud Credi- tors. [Title of Court and Cause.] State of California, City and County of San Francisco,— ss. J. D., being duly sworn, says, that he is the plaintiff in the above- entitled' action;, that a sufficient cause of action exists in favor of plain- tiff against said defendant, as fully appears from the verified complaint 151 Arrest and Bail in Civil Actions. Form 435 herein, a copy of which complaint is hereto annexed and made a part of this affidavit, and, affiant avers that the allegations tlierein contained are true; that it is an action for the recovery of money on a cause of action arising upon an express contract, and that the defendant in said action is about to depart from this state with intent to defraud his creditors. And affiant further states and shows the following facts and circum- stances in support of the above allegations of fraud, to wit : Said defend- ant has converted all his property into cash at much less than its real value, and has, under the assumed name of "B. J." secured a passage on the steamer "M. T.," ad\ ertised to sail this day for Panama, and is now on said steamer with intent to leave this state. Said defendant, although he has met this affiant daily within the past week, and was yesterday requested to pay the plaintiff's claim, has never informed the plaintiff that he intended to leave the state; and yesterday, after having made full preparations to leave this day, he promised the plaintiff to pay to-morrow, at plaintiff's office. [All courts.] [Signature.] NOTE. — This form, when used in a justice's court, should not contain the clause referring to the verified complaint on file. The affidavit should state the cause of action with fullness: See Cal. Code Civ. Proc, sees. 410, 849. No. 435. Affidavit for Order of Arrest— Money Received in a Tiduciary Capacity. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff In the above- entitled action; that a sufficient cause of action exists in favor of the plaintiff and against said defendant in said action for the sum of dollars ($ ), as follows: That between the day of , 191—, and the day of , 191—, the defendant was employed by plain- tiff as a clerk at , in the county of , state of ; that during the time and at the place aforesaid, the said defendant, in the course of his employment as aforesaid, collected and received for the use of the plaintiff various sums of money, aggregating more than the sum of dollars ($ ), which, under the terms of his employment, he promised and agreed to pay and deliver to plaintiff as and when the same was so received; that of the amount so received by the defendant as aforesaid, he neglected and refused to pay to the plaintiff the sum of '- dollars ($ ), or any part thereof, but in the course of his employment as such clerk fraudulently converted the whole of said last- named sum to his own use ; all of which more fully appears by the com- Forms 436, 437 Cowdery's Form Book. 152 plaint on file herein, a copy of which is hereto annexed and made a part hereof. That said action is one for the recovery of money fraudulently con- verted to his own use by the defendant in the course of his employment as a clerk for the plaintiff, as above shown; and affiant further states and shows the following facts and circumstances to sustain said charge of fraudulent conversion: . [Signature.] Subscribed and sworn to [etc.], [Official signature.] No. 436. Affidavit for Order of Arrest — Personal Property Unjustly Detained. [Title of Court and Cause.] State of , County of , S3. , being duly sworn, says that he is the plaintiff in the above- entitled action; that he is the owner of the personal property claimed in this action, which is described as follows, to wit: . That said personal property is unjustly detained by the defendant herein; that, according to the best knowledge, information, and belief of this affiant, the alleged cause of such detention of said property is as follows, to wit: . That the actual value of the said personal property is dollars ($ )• That said property has been concealed by the defendant in said action to prevent its being found or taken by the sheriff, and plaintiff states the following facts and circumstances to support said charge of conceal- ment, to prevent the finding or taking of said property, as above stated, to wit, . [Signature.] Subscribed and sworn to [etc.]. [Official signature.] No. 437. Affidavit for Order of Arrest — Fraud in Contracting Debt. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above- entitled action; that a sufficient cause of action exists in favor of the plaintiff and against said defendant, as follows: That on or aT)Out the ■ day of , 191 — , at , in the county of , state of , the defendant borrowed and received from plaintiff the sum of dollars ($ ), and in consideration thereof then and there executed and delivered to plaintiff his promissory note, in and by which he prom- 153 Arrest and Bail in Civil Actions. Form 438 ised to pay to plaintiff one day after the date thereof said sum of dollars ($ ), with interest thereon; that plaintiff is now the owner and holder of said promissory note ; that no part thereof has been paid, though often demanded; that the whole of said sum of dollars ($ ), with interest, is now due and unpaid from defendant to plain- tiff; all of which more fully appears by the complaint on file herein, which is hereto annexed and made part hereof. That said action is one for a cause of action arising on an express contract for the payment of money as above set forth, and that the defendant has been guilty of a fraud in contracting the debt and incur- ring the obligation above set forth ; and affiant further states and shows the following facts and circumstances to substantiate said charge of fraud: . [Signature.] Subscribed and sworn to [etc.]. [Official signature.] No. 438. Affidavit for Order of Arrest for Fraudulent Concealment of Property. [Title of Court and Cause.] State of , County of , ss. William Helm, being duly sworn, says : I am plaintiff in above-entitled action. This is an action to recover possession of personal property unjustly detained by defendant from plaintiff, described as follows, and of the value of five hundred dollars. United States gold coin. Descrip- lion: One mare mule, about five years old, of a grayish-roan color, and one horse mule, about six years old, of a brown color, and one set of double harness. That defendant in said action did, on or about the 19th of October, 1874, fraudulently conceal and remove all said property, to prevent its being found or taken by the sheriff. That all of said prop- erty belongs to plaintiff. That affiant has fully and fairly stated the facts of the case to C. G. Sayle and Wigginton & Marks, his counsel, and they informed affiant that he has a good cause of action against defendant herein, and affiant verily believes he has a good cause of action in this suit against defendant. Plaintiff prays that defendant may be arrested by an order which affiant asks may be issued, according to the provisions of section 479 of the Code of Civil Procedure of California, and dealt with according to law. William Helm. [Jurat.] NOTE. — The foregoing affidavit came before the court as a defense in an action for false imprisonment, and was held by the court to be sufficient: Dusy V. Helm. 59 Cal. 188. .. .o. . See Cal. Code Civ. Proc, sees. 479, 481, 861, 862. See note to No. 434, ante. Forms 440, 441 Cowdery's Form Book. 154 No. 440. Undertaking for Order of Arrest. [Title of Court and Cause.] Whereas the plaintiff in the above-entitled action has presented therein the affidavit required by law and applied for an order to arrest the defendant in said action ; and Whereas the judge of said court deems that it is a proper case there- for, and is about to make and issue said order of arrest, and has required before so doing a written undertaking on the part of the plaintiff in the sum of dollars ($ ), in the form required by law. Now therefore we, the undersigned, in consideration of the premises and of the making and issuing of said order of arrest, do undertake on the part of plaintiif in the sum of dollars ($ ), being the amount so fixed by the judge aforesaid, and, jointly and severally, promise to the effect that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same be wrongful or without sufficient cause, not exceed- ing the sum of dollars ($ ) above specified in this undertaking. Dated, signed, and sealed this day of , 191 — . [Justification.] [Signatures and seals.] NOTE. — See Cal. Code Civ. Proc, sees. 432, 862. In justice's court cases, the amount of the undertaking is fixed by statute at three hundred ($300) dollars in all cases; in other courts, the amount is fixed by the judge, but must be at least five hundred ($500) dollars. For form of justification of sureties, see "Justification of Sureties." See note to No. 434, ante. No. 441. Order for Arrest. [Title of Court and Cause,] The People of the State of , to the Sheriff of any County of the State Wherein the Defendant may be Found. The above-named plaintiff having commenced an action in the court of the state of , in and for the county of , against the above-named defendant, and it duly appearing to me, from affidavit sub- mitted on the part of the said plaintiff, that a sufficient cause of action exists, and that the case is one wherein the defendant's arrest should be ordered; and the necessary undertaking having been given, I, the undersigned, judge of the said court, by virtue of the authoritj'^ in me vested by law, do order and require you, the said sheriff of the county of , forthwith to arrest the said defendant, if he may be found in your county, and hold him to bail in said action in the sum of dollars ($ ) ; and that you return this order, with your pro- ceedings thereon, to the clerk of the said court on the day of , 191—. Dated this day of , 191 — . [Signature.] NOTE. — See Cal. Code Civ. Proc, sec. 483. See note to No. 434, ante. 155 Arrest and Bail in Civdj Actions. Forms 442-444 No. 442. Indorsement of Order of Arrest — Justice's Court. State of , County of , ss. The People of the State of to the Sheriff or any Constable of said County, Greeting. You are hereby commanded to arrest the within named defendant and bring him before me forthwith, at my office in said township, at , to answer the plaintiff's complaint, filed in my office. Given under my hand this day of , 191 — . [Official signature.] NOTE.— See California, Code Civ. Proc, sec. 861: Montana, Rev. Codes 1907, isec. 7019. This indorsement may be made upon the summons. No. 448. Undertaking on Part of Defendant. [Title of Court and Cause.] Whereas, in a certain action in the court of the county of , state of , wherein is plaintiff and is defendant, an order was duly made and delivered to the sheriff of the county of , requir- ing him forthwith to arrest the said defendant, and hold him to bail in the sum of dollars ($ ) ; and the said sheriff having arrested the said defendant, and taken him into custody by virtue of the said order : Now therefore we, and , are jointly and severally bound in the sum of dollars ($ ), the amount in the said order of arrest mentioned, that the said defendant will at all times render himself amenable to the process of the said court during the pendency of the said action, and to such as may be issued to enforce the judgment herein ; or that we will pay to the said plaintiff the amount of any judgment which may be recovered in the said action. Witness our hands [etc.]. [Justification.] [Signatures.] NOTE.— See Alaska Comp. Laws, 1913, sees. 934, 1786; California, Code Civ. Proc, sec. 487; and note to No. 434, ante. No. 444. Command by Sureties to Arrest Defendant. [Title of Court and Cause.] To the Sheriff of the County of , State of . You will please take notice that the undersigned, the sureties on the bail of defendant on his release from arrest, as appears from the under- taking, of which the within is a certified copy, command you to forth- with aiTest the within named defendant and detain him in your custody until he is discharged by law. Dated , 191—. [Signatures.] Forms 445-447 Cowdery's Form Book. 156 NOTE.— See Alaska, Comp. Laws 1913, sees. 936, 1786; California. Code Civ. Proc, sec. 489; and note to No. 434, ante. This command is to be indorsed on a certified copy of the undertaking. No. 445. Notice to Plaintiff of Arrest — Justice's Court. [Title of Court and Cause.] You will please take notice, that I have, in obedience to the order indorsed on the summons in this action, arrested the defendant, and he is now in my custody. [Signature.] NOTE. — California, Code Civ. Proc, sec. 865. The officer must, in addi- tion to the above notice, indorse on the summons, and subscribe a certificate stating the time of serving the summons, the time of the arrest, and the time of his giving notice to the plaintiff. No. 446. Return, and Certificate of Service of Summons, Order of Arrest, and of Notice to Plaintiff — Justice's Court. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the within summons on the day of , 191^, and personally served the same, together Avith a copy of the complaint in said action, on , the defendant named in said summons, by delivering to and leaving with said defendant, personally, on the day of , 191 — , in said county of , a copy of said summons and a copy of said complaint. And I further certify that, at the same time and place, by authority of the order of arrest indorsed on said summons, I arrested the said defendant, and he is now in my custody; and that immediately after said arrest, to wit, at — o'clock P. M. of said day of , 191—, I personally gave notice of said arrest to the plaintiff herein. Dated , 191—. [Official signature.] NOTE. — See Cal. Code Civ. Proc, sec. 864; and note to No. 434, ante. For the sake of convenience, this whole certificate may be indorsed on the summons. The last paragraph of it must, in substance, and as required by the statute, be so indorsed: See Cal. Code Civ. Proc, sec. 864. No. 447. Notice of Application for Discharge from Imprisonment. [Title of Court and Cause.] You will please take notice, that on Friday, the tenth day of August, A. D. 1917, at the hour of ten o'clock A. M., or as soon thereafter as the matter can be heard, I will apply to the Honorable J. H., judge of the superior court of the city and county of San Francisco, at the court- room of his said court in the City Hall, in said city and county, for an order to be discharged from imprisonment in the county jail of said city 157 Arrest and Bail in Civil Actions, Forms 448-450 and county, where I am confined as a prisoner under civil process, issued out of the justice's court of said city and county, in an action in said justice's court entitled A. B. C. D. v. E. F. G. H. [Signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1143-1153, and note to No. 434, ante. No. 448. Judgment by Justice of the Peace When Defendant is Sub- ject to Arrest. [Title of Court and Cause.] In this case judgment is given for plaintiff and against defendant for dollars ($ ), and costs, taxed at dollars ($ ), and it appearing that defendant is about to depart from the state with intent to defraud his creditors, he is therefore subject to arrest and imprison- ment under this judgment. , Justice of the Peace. NOTE. — See Cal. Code Civ. Proc, sec. 983, and similar statutes of other states. When judgment is rendered by a justice of the peace in a case where the defendant is subject to arrest and imprisonment thereon, the fact that he is so subject must, under the section referred to, be stated in the judgment. No. 449. Undertaking for Arrest in Justice's Court— Oregon. State of , County of . [Title of Court and Cause.] Civil Action to Recover Money. Whereas, upon the application of the above-named plaintiff, , an order has been made in the above-entitled action for a writ of arrest against the above-named defendant, : We, , plaintiff, and , surety, hereby undertake to pay said defendant all costs that may be adjudged to him, and all damages Avhicli such defendant may sustain by reason of his arrest, if the same be wrongful or without sufficient cause, not exceeding the sum of dollars ($ ). Dated this day of , 191—. [Justification.] [Signatures.] NOTE.— Bond must be equivalent to the amount for which plaintiff claims judgment, and not less than one hundred ($100) dollars, or other amount fixed by the statute: See Lord's Oregon Laws, sees. 261-271. The justice, in allowing the writ, must determine whether the under- taking is to be given with or without sureties. No. 450. Undertaking for Arrest in Justice's Court — Washington. [Title of Court and Cause.] Whereas an application has been made by , plaintiff, to , one oi: the justices of the peace in and for county, for a warrant to j^^^rest , defendant, founded upon an affidavit of the said plaintiff, Forms 451, 452 Cowdery's Form Book. 158 setting forth that : [Name of defendant, and stating the canse for the an-est of the absconding debtor.] Now, therefore we, , plaintiff, and , acknowledge ourselves bound to in the sum of dollars ($ ), to pay all costs that may be awarded to the said defendant, and all damages which he may sustain by reason of the arrest, not exceeding the sum of dollars ($ ). Dated this day of , 191 — . [Justification.] [Signatures.] NOTE. — The undertaking must be to the "satisfaction" of th© clerk: See Wash. Eem. Code, sec. 752. No. 451. "Writ" of Arrest in Justice's Court— Oregon. State of , County of -. [Title of Court and Cause.] Civil Action to Recover Money. To the Sheriff of said County, or any Constable of Such Precinct, Greeting : In the name of the state of , you are hereby commanded to take the body of the above-named defendant, if he be found within the pre- cinct aforesaid, and bring him forthwith before the undersigned, a jus- tice of the peace for such precinct, at the office of such justice in such precinct, to answer the above-named plaintiff in a civil action; and you are further commanded to give due notice thereof to such plaintiff, or his agent or attorney ; and of this writ make legal service and due return to me. Given under my hand this day of , 191 — . , Justice of the Peace. NOTE. — See Lord's Oregon Laws, sec. 260. No. 452. "Warrant" of Arrest in Justice's Court — Washington. State of , County of , ss. To the Sheriff or any Constable of said County. In the name of the state of , you are hereby commanded to take the body of , if he be found in your county, and bring him forth- with before the undersigned, one of the justices of the peace in and for said county, at his office in , to answer in a civil action; and you are hereby commanded to give notice thereof to the said plaintiff, or his agent or attorney; and have you there and then this writ. Given under my hand this day of , 191 — . f Justice of the Peace. NOTE. — See Wash. Rem. Code, sec. 1890. 159 Arrest and Bail in Criminal Actions. Form 458 No. 453. Return of Summons on Arrest. [Title of Court and Cause.] I hereby certify that I received the within [or annexed] summons on the day of , 19 — , and personally served the same on the (Jay of , 19 — , on , the defendant, by delivering to him personally at , in the county of , state of , a copy of said summons attached to a copy of the complaint in said action. And at the same time and place, by authority of the order of arrest indorsed on said sunmions, I arrested the said defendant, and he is now in my custody; and immediately after said arrest, to wit, at o'clock — M. of the same day I personally gave notice of said an-est to the plaintiff herein. [Signature.] NOTE. — California, Code Civ. Proc, sec. 415. ARREST AND BAIL IN CRIiyEINAL ACTIONS. 463. Warrant of arrest. 464. Warrant of arrest — Hawaii. 465. Indorsement on warrant of arrest for service In another county, 466. County clerk's certificate as to official character of magistrate. 467. Proof of magistrate's handwriting. 468. Indorsement of service on warrant of arrest. 469. Warrant of arrest — Justice's court. 470. Warrant of arrest — Justice's court — Washington. 471. Order of discharge — To be indorsed on depositions and statement. 472. Discharge from arrest made without warrant — Oregon. 473. Order to answer when bail has been taken — To be indorsed on "com- plaint." 474. Order of discharge after bail given — Alaska and Oregon. 475. Order to answer for bailable offense. 476. Order to answer, where ofifeiise is not bailable. 477. Bail before indictment or information. 478. Undertaking by material witness to appear. 479. Undertaking and "security" for appearance of material witness. 480. Undertaking on admission to bail — Justice's court. 481. Undertaking on admission to bail — Justice's court — Alaska and Ore- gon. 482. Order forfeiting bail money. 483. Bail bond on indictment. 484. Order for defendant's discharge after bail given. 485. Undertaking of bail upon recommitment. 486. Forfeit of bail. 487. Bail upon appeal — Undertaking — Oregon and Alaska. 488. Order for defendant's discharge after bail givea on appeal — Oregon and Alaska. Forms 463, 464 Cowdery's Form Book. 160 No. 463. Warrant of Arrest. Before , Justice of the Peace of Township, County of , State of , r.s Magistrate. [Title of Court and Cause.] State of , County of , ss. The People of the State of , to any Sheriff, Constable, Marshal, or Policeman of said State, or of the County of . Information, on oath, having been this day laid before me, by , that the crime of has been committed, and accusing thereof, you are therefore commanded forthwith to arrest the above-named and bring him before me at , or, in case of my absence or inability to act, before the nearest or most accessible magistrate in this county. Dated at , this day of , 191 — . [Official signature.] NOTE. — When necessary, the magistrate may insert therein a clause to the effect that, if the accused has fled from justice, the peace officer may pursue him into any other county of the state in which the warrant is issued and there arrest him. This clause may properly be inserted before the words "and bring." If the name of the defendant is unknown to the magis- trate, the defendant may be designated in the warrant by any name, fol- lowed by the words "whose true name is to complainant unknown": Utah, Comp. Laws 1907, sec. 4616. Alaska, Comp. Laws 1913, see. 2384; Arizona, Rev. Stats. (Pen. Code 1913), sees. 838, 1310; California, Pen. Code, sec. 814; Colorado, Mill's Ann. Stats. 1912, sec. 888; Hawaii, Rev. Code 1915, sec. 3762; Idaho, Rev. Codes 1907, see. 7519; Kansas, Gen. Stats. 1915, sec. 7946; Montana, Eev. Codes 1907, sees. 9182-9184; Nebraska, Rev. Code 1913, sec. 8942; Nevada, Rev. Laws 1912, sec. 7473; New Mexico, Stats. Ann. 1915, sec. 4434; North Dakota, Comp. Laws 1913, sec. 10536; Oklahoma, Harris & Day's Code 1910, sec. 5630; Ore- gon, Lord's Oregon Laws, sees. 1738, 1739; South Dakota. Comp. Laws 1913, sec. 7121; Utah, Comp. Laws 1907, sec. 4616; Washington, Rem. Code, sec. 1949; Wyoming, Comp. Stats. 1910, sees. 6045, 6054. No. 464. Warrant of Arrest — Hawaii. To any Police Officer of the District of , Island of , Territory of Hawaii. You are hereby commanded, on the information of , verified by oath, forthwith to arrest and take the body of , accused of , if he can be found, and forthwith have his body before me at the dis- trict courtroom of the said district, at any time between the hours of A. M. and P. M., of the day of , 191—, to answer to the said accusations. And you are also commanded, having arrested the said , to summon, as witnesses of accusation, and , if they can be found; and to make due return of your proceedings upon this writ. Given under my hand this day of , 191 — . [Official signature.] 161 Arrest and Bail in Criminal Actions. Forms 465-467 No. 465. Indorsement on Warrant of Arrest for Service in Another County. Tliis warrant may be executed in the county of . Dated at this day of , 191—. [Official signature.] NOTE.— California, Pen. Code, sees. 819, 820. Before making the indorsement the magistrate "must have satisfactory evidence" that the warrant is genuine. In California, it cannot be madu unless the warrant be accompanied with a certificate of the clerk of the county wherein it was issued, under the seal of the superior court thereof (or other court, in other states, as prescribed by statute), as to the official character of the magistrate; or unless upon the oath of a credible witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. No. 466. County Clerk's Certificate as to Ofacial Character of Magis- trate. State of , County of , ss. I, , county clerk of the county of , state of , and clcrV of the superior court thereof, do hereby certify that , whose name is signed to the accompanying warrant of arrest, was, at the date thereof, and is now, a duly qualified and acting magistrate of saia county of . In witness whereof I have hereunto subscribed my name and affixed the seal of said superior court this day of , 191 — . rgeal] [Official signature.] NOTE. — This certificate, or proof of the magistrate's handwriting, is to accompany the warrant of arrest where it is to be served in another county. No. 467. Proof of Magistrate's Handwriting. State of , County of , ss. , a credible witness, being duly sworn, says that he is acquainted with the handwriting of , whose name is signed to the within war- rant of arrest, and that he believes such signature to said warrant of arrest to be genuine. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE. — This, or a certificate of oflScial character, is to be annexed to or indorsed upon the warrant of arrest where it is to be served in another county. Form Book — 11 Forms 468-470 Cowdery's Form Book. 162 No. 468. Indorsement of Service on Warrant of Arrest. I hereby certify that I received the within warrant on the day of , 191 — , and served the said warrant by arresting the within named defendant, , and bringing him into court this day of 191—. [Official signature.] No. 469. Warrant of Arrest — Justice's Court. State of , County of , ss. The People of the State of to any Sheriff, Constable, Marshal, or Policeman in this State. Complaint upon oath having been this day made before me, , a justice of the peace, by , that the offense of has been com- mitted, and accusing thereof: You are therefore commanded forthwith to arrest the above-named and bring him before me forthwith, at . Witness my hand "and seal" at this day of , 191 — . [Seal] [Official signature.] NOTE. — "When complaint is made before a justice or police judge of the commission of an offense triable in such courts, a warrant must be issued for the arrest of the person charged: See Cal. Pen, Code, sec. 1427. The words "and seal" are in the testimonium clause of the California statute, but not in that of tbe other states; and, as there is no law providing seals for justices' courts in California, the words are mere surplusage, so far as justices' courts are concerned. Some police courts, however, are provided with seals, and the form, with those words included, may properly be used by them. In Idaho, if the warrant of arrest issues from a probate court the seal thereof must be used: Alaska, Comp. Laws 1913, sec. 2524; Arizona Rev. Stats. (Pen. Code 1913), see. 1310; California, Pen. Code, sec. 1427 Colorado, Mill's Ann. Stats. 1912, sec. 888; Idaho, Rev. Codes 1907, sec. 8281 Kansas, Gen. Stats. 1915, sec. 7946; Montaua, Rev. Codes 1907, sec. 9585 Nevada, Rev. Laws 1912, sec. 6933; North Dakota, Comp. Laws 1913, sec. 10536; Oklahoma, Harris & Day's Code 1910, sec. 6i43; Oregon, Lord's Ore- gon Laws, sees. 1738, 1739; South Dakota, Comp. Laws 1913, sec. 6148; Utah. Comp. Laws 1907, sec. 5126; Washington, Rem. Code 1915, sec. 1935; Wyo- ming, Comp. Stats. 1910, sees. 6045-6054, No. 470. Warrant of Arrest — Justice's Court — Washington. State of , County of , ss. To the Sheriff or any Constable in said County. Whereas has this day complained in writing under oath to the undersigned, one of the justices of the peace in and for said county, that on the day of , 191 — , at , in said county, : Therefore, in the name of the state of , .you are commanded forth- with to apprehend the said and bring him before me, to be dealt with according to law. Given under my hand this day of , 191 — . , Justice of the Peace. NOTE.— See Wash. Rem. Cede, sec. 1935, 163 Arrest and Bail in Criminal. Actions. Forms 471-474 No. 471. Order of Discharge — To be Indorsed on Depositions and Statement. There being no sufficient cause to believe the within named guilty of the offense within mentioned, I order him to be discharged. [Official signature.] NOTE.— California, Pen. Code, sec. 871; Idaho, Rev. Codes 1909, sec. 7573. T'he order is properly indorsed if put upon the complaint or information. That may be treated as a deposition for such purpose: See People v. Price, 143 Cal. 351, 353, 77 Pac. 73. No. 472. Discharge from Arrest Made Without Warrant — Oregon. There being no sufficient cause shown to believe , brought before me without warrant, guilty of the crime of , I order him to be discharged. [Official signature.] NOTE. — See Lord's Oregon Laws, sec. 1794. No. 473. Order to Answer When Bail has Been Taken — To be Indorsed on "Complaint." It appearing to me that the offense in the within complaint mentioned has been committed, and that there is sufficient cause to believe the within named guilty thereof, I order that he be held to answer to the same, and I have admitted him to bail to answer in the sum of dollars ($ ), and taken such bail. [Or, "and I have admitted him to bail to answer by the undertaking hereto annexed."] [Official signature.] NOTE.— Utah, Comp. Laws 1907, sec. 4677. The old law of California as to certificate of bail being taken has been repealed: See Pen. Code, see. 874. No. 474. Order of Discharge After Bail Given — Alaska and Oregon. To the Sheriff of the County of , State of . , who is detained by you to answer a charge for the crime of , having given sufficient bail to answer the same, you are commanded forthwith to discharge him from your custody. Dated at this day of , 191 — . [Official signature.] NOTE. — See Alaska, Comp. Laws 1913, sec. 2332; Oregon, Lord's Oregon Laws, sec. 1654. In Alaska, the order runs "To the United States Marshal, District of Alaska." Forms 475-477 Cowdeby's Form Book. 164 No. 475. Order to Answer for Bailable Oifense. It appearing to me that the offense in the within complaint mentioned has been committed, and that there is sufficient cause to believe the within named guilty thereof, I order that he be held to answer to the same, and that he be admitted to bail in the sum of dollars ($ ), and he is committed to the sheriff of the county of until he gives such bail. rr\cc ■ ^ ■ i i ^ [Official signature.] NOTE.— California, Pen. Code, sees. 872, 875; Idaho, Rev. Codes 1907, sees. 7579, 7581; Montana, Rev. Codes 1907, sees. 9090, 9092; Utah, Comp. Laws 1907, sees. 4675, 4678. This form is to be indorsed on the complaint where defendant has been admitted to bail but it has not been taken. The omission of the words "or is legally discharged" would seem to pave the way for perpetual imprison- ment, if the prisoner should never give bail. But if an information is not fi;ed within thirty days, or other time prescribed by statute, or if the de- fendant is not brought to trial within sixty days, or other prescribed statu- tory time, he would be entitled to a writ of habeas corpus. Under the Cali- fornia law, ninety days appears to be the limit of commitment under such order: See Cal. Pen. Code, sees. 809, 1382. No. 476. Order to Answer, Where Offense is not Bailable. It appearing to me tliat the offense in the within complaint mentioned lias been committed, and that there is sufficient cause to believe the within named ^lilty tliereof, I order that he be held to answer to the same, and he is hereby committed to the slieriff of the county [Official signature.] NOTE. — This form is to be indorsed on the complaint: California, Pen. Code, sees. 872, 873; Idaho, Rev. Codes 1907, sec. 7580; Montana, Rev. Codes 1907, sees. 9090, 9091; Utah, Comp. Laws 1907, sees. 4675, 4676. No. 477. Bail Before Indictment or Information. An order having been made on the day of , 191 — , by , a justice of the peace of county, that be held to answer upon a charge of , upon which he has been admitted to bail in the sum of dollars ($ ) : We, , a resident of , county of , state of , and a resident of , county of , state of , hereby undertake that the above-named will appear and answer the charge above men- tioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and, if con- victed, will appear for judgment and render himself in execution thereof, or if he fails to perform either of these conditions, that we will pay to the people of the state of the sum of dollars ($ ). [Signatures.] Acknowledged before me, and approved by me this day of , 191—. . , [Signature.] [Justification of sureties.] 165 Arrest and Bail in Criminal Actions. Forms 478, 479 NOTE.— California, Pen. Code, sec. 1278; Idaho, Rev. Codes 1909, sec. 8108; Montana, Rev. Codes 1907, sec. 9448; Utah, Comp. Laws 1907, sec. 4995. This written undertaliing must be executed by two sufficient sureties, with or without the defendant, in the discretion of the court or magistrate, and be acknowledged before the court or magistrate taking the same. Upon failure of condition, payment, in Alaska, is to be made to the United States; in California, to the people of the state; and in other states or territories, to the state or territory, as the case may be. In Nevada, the instrument by which bail is put in is called a "recognizance." A recognizance is suffi- cient as to the description of the offense, if the offense is described in the language of the statute: See United States v. Eldredge, 5 Utah 161, 13 Pae. 673. No. 478. Undertaking by Material Witness to Appear. An order having been made on the day of , 191 — , by , a , acting as a committing magistrate, that be held to answer for the crime of , committed in the county of , state of ; and having been examined as a witness on the part of the people of the state of , on the examination of the said ; and the said being a material witness for the people of the state of : I, the said , hereby undertake that I will appear and testify at the court to which the depositions and statements are to be sent, or that I will forfeit to the people of the state of the sum of five hundred dollars ($500). Dated this day of , 191 — . [Signature.] NOTE. — Alaska Comp. Laws 1913, sec. 2435; California, Pen. Code, sec. 878; Idaho, Rev. Codes 1907, sec. 7584; Montana, Rev. Codes 1907, sec. 9095; Utah, Comp. Laws 1907, sec. 4681. In Oregon, sureties on the undertaking are required, but not so in Alaska. No. 479. Undertaking and "Security" for Appearance of Material Wit- ness. An order having been made on the day of , 191 — , by , a , acting as a committing magistrate, that be held to answe? for the crime of , committed in the county of , state of ; and having been examined as a witness for the people of the state of , on the examination of the said , and being a material wit- ness for the people of the state of , and having entered into a writ- ten undertaking that he would appear and testify at the court to whicli the depositions and statements are to be sent; and , the said magis- trate, having ordered the said to enter into a written undertaking with sureties, in the sum of dollars ($ ) for his appearance as above specified: Now therefore we, , as principal, and , of , and , of ■ , as sureties, hereby undertake that the said will appear and testify at the court to which the depositions and statements have been or are to be sent, or in any other court in which his appearance may be lawfully required in such prosecution ; or, in default of such appear- Form 480 Cowdery's Form Book. 166 ance, that we will pay to the people of the state of — — the sum of dollars ($ ). [Signatures.] Dated this day of , 191 — . [Justification of sureties.] NOTE. — Alaska, Comp. Laws 1913, sec. 2436; California, Pen. Code, sec. 879,- Idaho, Eev. Codes 1907, sec. 7585; Montana, Rev. Codes 1907, sec. 9096; Utah, Comp. Laws 1907, sec. 4682. This form may be used also where a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that a material witness will not appear and testify unless "security" is required. No. 480. Undertaking on Admission to Bail — Justice's Court. [Title of Court and Cause.] An order having been made on the day of , 191 — , by , a justice of the peace of the county of , state of , that be held to answer, and to appear for trial, before the said justice, at his office, on the day of , 191 — , to which time the hearing of this case has been adjourned, upon a charge of , upon which he has been admitted to bail in the sum of dollars ($ ), and which charge is pending in said court against him upon complaint of the people of the state of : Now we, , a resident of , and by occupation a , and , a resident of , and by occupation a , hereby undertake that the above-named will appear and answer the charge above mentioned, in whatever court it may be prosecuted, and will at all times hold him- self amenable to the orders and process of the court, and if convicted, will appear for judgment and render himself in execution thereof; or if he fails to perform either of these conditions, that we will pay to the people of the state of the sum of dollars ($ ). [Signatures.] Acknowledged before me, and approved by me, this day of , 191—. [Official signature.] NOTE. — California, Pen. Code, sec. 1458; Idaho, Eev. Codes 1909, sec. 8312; Montana, Eev. Codes 1907, sec. 9624. Tliis form may be used upon examination before a magistrate, as well as after arrest and before trial for a misdemeanor, in a justice's or police court: Bee Cal. Pen. Code, sees. 1274, 1278. Bail is put in by a written undertak- ing, executed by two sufficient sureties, with or without the defendant, in the discretion of the magistrate, and acknowledged before the court or magistrate in the form prescribed by statute: See Cal. Pen. Code, sec. 1278. The condition of the undertaking varies in some of the slates and terri- tories. Be careful to insert the condition of the statute of the particulai state or territory in which the form is used. 167 Arrest and Bail in Criminal Actions. Forms 481, 482 No. 481. Undertaking on Admission to Bail— Justice's Court — Alaska and Oregon. [Title of Court and Cause.] State of , County of . A criminal action having been commenced on the day of 191 — , in the justice's court aforesaid, against , for the crime of , and he having been duly admitted to bail by the justice of said court, in the sum of dollars ($ ) : We, , of , and , of , hereby undertake that the above-named shall appear at the time and place fixed for the trial of the above-mentioned action, in whatever court it may be prosecuted, and shall at all times render himself amenable to the orders and process of the court, and, if convicted, shall appear for judgment, and surrender himself in execution thereof; or, if he fail to perform either of those conditions, that we will pay to the state of th 8 sum of dollars ($ ). [Signatures.] NOTE. — Alaska, Comp. Laws 1913, see. 2546; Oregon, Lord^s Oregon Laws. sec. 2503. In Alaska, the title of the court is "Justice's Court for the Precinct of , District of Alaska, Division No. "; and, upon failure to perform condition, payment is to be made "to the United States." No. 482. Order Forfeiting Bail Money. [Title of Court and Cause.] The above-named defendant, A. B., indicted [or informed against] by the name of C. D., having neglected to appear in court for the pur- pose of pleading, when his presence was lawfully required in court, although he was called to appear in court for the purpose of pleading to the indictment therein, in a loud and audible voice at the courtroom door, and proclamation publicly made that, unless he appear, the money, to wit, fifteen hundred dollars, deposited in lieu of bail for that amount, would be forfeited, and the said A. B. still neglecting to appear in court: Now, therefore, it is ordered that the foregoing facts be entered in the minutes of the court, and that the said sum of fifteen hundred dollars deposited in lieu of bail be, and the same is hereby, declared forfeited. And it is further ordered that the said A. B. be rearrested by any sheriff, constable, marshal or policeman within this state, and be com- mitted to the custody of the sheriff of the city and county of San Fran- cisco, and that he be detained until legally discharged. [Signature.] NOTE. — California, Pen. Code, sec. 1307. If, without sufficient excuse, the defendant neglects to appear for arraign- ment or for trial or judgment, or upon any other occasion when his presence Form 483 Cowdery's Form Book. 168 in court may be lawfully required, or to surrender himself in execixtion of the judgment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money deposited instead of bail, as the ease may be, must thereupon be declared forfeited. But if at any time within twenty (20) days after such entry in the minutes, the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just: See Cal. Pen. Code, sec. 1305. No. 483. Bail Bond on Indictment. [Title of Court and Cause.] An indictment having been found [or an information having been filed] on the tenth day of March, 1917, in the superior court of the county of San Mateo, state of California, charging Ah Sing with the crime of burglary in breaking into the dwelling-house of one J. S., and he having been admitted to bail in the sum of five thousand (5,000) dollars ; We, J. D., by occupation a farmer, and R. R., by occupation a house carpenter, residents of the county of San Mateo, hereby undertake that the above-named Ah Sing will appear and answer the above-men- tioned indictment [or information] in whatever court it may be prose- cuted, and will at all times render himself amenable to the orders and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof; or, if he fails to perform either of these conditions, that we will pay to the people of the state of Cali- fornia the sum of five thousand (5,000) dollars. [Signatures.] [Justification.] NOTE— In California, when, after indictment or information, the defend- ant has a rif^ht to be admitted to bail, the bail must be put in by a written undertaking^by two sufficient sureties [with or without the defendant, in the discretion of the court or magistrate], and acknowledged before the court or magistrate, in substantially the above form: See Cal. Pen. Code, sec 1287- Alaska, Comp. Laws 1913, sees. 2325-2331; Idaho, Eev. Codes 1907, sec.'8115; Montana, Eev. Codes 1907, sec. 9456; Oregon, Lord's Oregon Laws, sec. 1617. .^. . .i Admission to bail is the order of a competent court or magistrate that the defendant be discharged from actual custody on bail: See Cal. Pen. Code, sec 1268 If a magistrate, instead of a court, admits to bail, insert in the place of "Title of court" the words "Before [naming title of office], as Maoistrate." After defendant has been held to answer, any magistrate who has^'power to issue the writ of habeas corpus may admit to bail: See Cal. Pen. Code, sec. 1277. . , . , . ^ ^ u x « The bail must be put in by a written undertaking, executed by two sufli- eient sureties, with or without the defendant, in the discretion of the court or magistrate, and be acknowledged before the court or magistrate, in sub- stantially the above form: See Cal. Pen. Code, see. 1287. 169 Arrest and Bail in Criminal Actions. Forms 4:84r-436 No. 484. Order for Defendant's Discharge After Bail Given. [Title of Court and Cause.] To the Sherifc of the County of , State of . , who is detained by you to answer an indictment for the crime of , having given sufficient bail to answer the same, you are com- manded forthwith to discharge him from your custody. [Official signature.] No. 485. Undertaking of Bail upon Recommitment. [Title of Court and Cause.] An order having been made on the day of , 191 — , by the court, that be admitted to bail in the sum of dollars ($ ), in an action pending in that court against him in behalf of the people of the state of , upon an information: We, , whose residence is at , county of , state of , by occupation a , and , whose residence is at , county of , state of , by occupation a , hereby undertake that the above-named will appear in that or any other court in which his appearance may be lawfully required upon that information and will at all times render himself amenable to its orders and process, and ap^Dcar for judgment and surrender himself in execution thereof; or, if he fails to perform eitlier of these conditions, that we will pay to the people of the state of the sum of dollars ($ ). [Signatures.] Acknowledged before me, and approved by me, this day of , 191—. [Official signature.] [Justification of sureties.] NOTE.— California, Pen. Code, sec. 1316; Idaho, Eev. Codes 1907, see. 8135; Montana, Eev. Codes 1907, sec. 9480. No. 486. Forfeit of Bail. [Title of Court and Cause.] The said cause having come on regularly for trial, upon motion of , the district attorney of said county, it was ordered that the defendant, , be called. And the said defendant, having been thrice solemnly and duly called, failed and neglected to appear for trial. Whereupon, on motion of the district attorney, it was ordered that and , the bail of said , be likewise called to produce the said in court for trial; and the said and , having been thrice duly and solemnly called to produce the said for trial, and the said still neglecting and failing to appear, and the said bail wholly neglecting and refusing to produce said for trial, upon motion of the district attorney, the court directed the following order to be entered, to wit: ' Forms 487, 488 Cowdery's Form Book. 170 The above-named defendant , having been heretofore indicted for , and duly admitted to bail in the sum of dollars ($ ), and the said on the day of , 191— having, without suffi- cient excuse, neglected to appear in court for trial, although the said was thrice solemnly called to appear in court for trial, and al- though and , the bail of said , were thrice solemnly called to produce said in court for trial, yet the said neglected and refused to appear for trial, and the said bail neglected and refused to produce the said for trial. Now, therefore, it is ordered by the court that the recognizance exe- cuted by the said and be, and the same is, hereby declared forfeited ; and it is further ordered that the said be arrested and committed to the custody of the sheriff of the county of until legally discharged therefrom. It is further ordered that the foregoing facts and order be entered on the minutes of this court. NOTE. — Caliiornia, Pen. Code, sec. 1305. No. 487. Bail upon Appeal— Undertaking— Oregon and Alaska. [Title of Court and Cause.] A judgment having been given on the day of , 191^, whereby was condemned to , and he having appealed from said judgment and been duly admitted to bail in the sum of dollars "VVe of , and , of , hereby undertake that the above-named shall in all respects abide and perform the orders and judgments of the court xipon the appeal; or, if he fail to do so in any particular, that we will pay to the state of the sum of dollars ($ '). [Signatures.] NOTE.— Alaska, Comp. Laws 1913, sec. 2325; Oregon, Lord's Oregon Laws, sec. 1647. This written undertaking must be executed by two sufficient sureties, and be acknowledged before the court or magistrate taking the same. No. 488. Order for Defendant's Discharge After Bail Given on Appeal — Oregon and Alaska, [Title of Court and Cause.] To the Sheriff of the County of , State of . -, who is detained by you in execution of a judgment whereby he is condemned to , having appealed from said judgment, and given sufficient bail to abide and perform the judgment of the appellate court, you are commanded forthwith to discharge him from your custody. [Official signature.] N-QTE.— Alaska, Comp. Laws 1913, sec. 2333; Oregon, Lord's Oregon Laws, see. 1655. 1 71 Articles — Assignment. ARTICLES. Articles of Copartnership, No. 2880. Articles of Copartnership Between Merchants, No. 2881. Articles of Incorporation, No. 1292. Articles of Incorporation of Railroad Company, No. 1293. Articles of Incorporation of Church, Nos. 1294, 1328. ASSESSMENT. Assessment Notice, No. 1313. ASSIGNMENT. 499. Assignment annexed to instrument. 500. Assignment indorsed upon an instrument — Short form. 501. Assignment of bond. 502. AssigTiment of partnership property to one partner on dissolution. 503. Assignment of debt. 504. Notice by creditor of assignment of debt. 505. Notice by assignee of assignment of debt. 506. Assignment of seaman's wa.ges. 507. Assignment of personal property — In generaL 508. Assignment of stock. 509. Assignment of stock — Another form. 510. Assignment of account. 511. Assignment of account indorsed thereon. 512. Assignment of policy of insurance. 513. Assignment of lease. 514. Assignment of lease by indorsement. 515. Assignment of contract for sale of real estate. 516. Assignment of mortgage. 517. Assignment of mortgage (Statutory) — South Dakota. 518. Assignment of mortgage with covenant of ownership. 519. Assignment indorsed on mortgage. 520. Assignment of bond and mortgage. 521. Assignment of judgment. 522. Assignment of judgment — Another form. 523. Assignment of goodwill and book debts of business upon sale tnereor. 524. Notice of assignment of legacy. 525. Assignment by corporation. 526. Assignm.ent of contract for sale of land. 527. Assignment of mortgage as collateral security, 528. Assignment of judgment — Justice's court. 529. Complaint by assignee. CROSS-REFERENCES. Assignment of Copyright to Book, No. 1260. Assignment of Partnership Property and Debts by One Partner to Another on Dissolution, No. 2884. Assignment of a Patent — Long Form, No. 2939. Assignment of Entire Interest in an Invention Before the Issue of Letters Patent, No. 2933. Assignment of Entire Interest in Letters Patent, No. 2934. Forms 499-502 Cowdery's Form Book. 172 Assignmont of Undivided Interest in Letters Patent and Extension Thereof, No. 2935. Assignment of Undivided Fractional Interest in an Invention Before the Issue of Letters Patent, No. 2940. No. 499. Assignment Annexed to Instrument. Know all men by these presents : That we, F. S. and R. C, named in the annexed instrument, in consideration of the sum of one hundred thousand dollars, gold coin of the United States, to us in hand paid by W. B. and J. B,, of the city and county of San Francisco, and state of California, the receipt whereof is hereby acknowledged, do, by these presents, sell and transfer, to the said B. and B., their heirs and assigns, the said instrument, and all our right, title, and interest in and to the same, authorizing them in our names, or otherwise, but at their own cost, charge, and expense, to enforce the same according to the tenor thereof. No. 500. Assignment Indorsed upon an Instrument — Short Form. For value received, I do hereby transfer and assign to J. S., his heirs and assigns forever, all my right, title, and interest, in, to, and under the within instrument. Dated . [Signature.! No. 501. Assignment of Bond. Know all men by these presents: That 1, A. B., of, etc. of the first part, for and in consideration of the sum of one thousand dollars, gold coin of the United States of America, to me in hand paid by C. D., of, etc., of the second part, the receipt whereof is hereby acknowledged. do by these presents bargain, sell and assign unto the said party of the second part, and assigns, a certain written bond or obligation, bearing date the fifth day of May, one thousand nine hundred and seventeen, executed by one E. F., to me, the said A. B., and all sum and sums of money due, or to gi-ow due, thereon; and I hereby covenant with the said party of the second part, and there is now due on the said bond or obligation, according to the condition thereof, for principal and interest, the sum of one thousand dollars, gold coin of the United States of America. Dated . [Signature.] No. 502. Assignment of Partnership Property to One Partner on Dissolution. This indenture, made this second day of June, 1916, by and between G. B., of Oakland, Alameda County, of the first part, and J. S., of the same place, of the second part, witnesseth: That, whereas, the said parties were lately copartners in the business of printing, which partnership was dissolved and determined on the 173 Assignment. Form 502 said second daj' of June; and whereas, many debts due and owing to the said parties on account of their said copartnership are still out- standing, and debts due by the said firm are yet unpaid ; and whereas, it is agreed that the said party of the second part shall assign and release to the said party of the first part all his interest in the stock in trade, goods, and effects belonging to the said firm, and in the debts now owing to the said firm, and that the said party of the first part shall assume all the debts and liabilities of the said firm, and shall discharge and indemnify the said party of the second part from all liabilities and losses arising from the said partnership: Now, therefore, in pursuance of the said agreement, and in consid- eration of the sum of one hundred dollars, paid and secured to the said G. B., he, the said G. B., doth hereby assign to the said J. S., all his right, title, interest, in and to all stock in trade, goods, merchandise, machinery, tools, books, leasehold premises, and effects belonging to the said partnership, of whatever kind or nature and wheresoever situ- ated; also, all his right, title, and interest in and to all the debts of money now due and owing to the said firm, whether the same be by bond, bill, note or account, or otherwise ; and the said G. B. doth hereby make and appoint the said J. S., his executors, administrators, and assigns, his attorney in fact to receive all and several the debts and sums of money above mentioned to his and their own use and benefit; and doth hereby authorize the said J. S., his executors, etc., to demand, collect and sue for the said debts and sums of money, and to use his, the said G. B.'s., name in any way or manner that the collection, re- covery, and realization of the said debts and demands may render necessary, as well in court as out of court, but at their own proper costs and charges, and without cost or damage to the said G. B. And the said G. B. doth hereby further authorize the said J. S. to convey and transfer to his own name, and for his own nse and benefit, any and all sums of money and effects, real and personal estate, which may be taken or received in the name of the said firm, and to hold the same free from all claims of the said G. B., his executors, administrators, or assigns. And these presents further witness that, in pursuance of the sa,id agreement, the said J. S., for himself, his executors and adminis- trators, doth hereby covenant to and with the said G. B., his executors and administrators, that he, the said J. S., and his, etc., shall pay and discharge, and at all times hereafter save harmless and indemnify the said G. B., his etc., from and against all and every the debts, duties, and liabilities, which, at the dissolution and termination of the said partnership, were due and owing by the said firm to any person or per- sons for any matter or thing touching the said partnership, and of and from all actions, suits, costs, expenses, and damages for or concerning the said debts, duties, and liabilities, unless the said G. B., shall have contracted any debts or incurred any liabilities, in the name and on account of the said firm, which are unknown to the said J. S., and do Forms 503-506 Cowdery's Form Book. 174 not appear in the books of the said firm ; for which, if any such exists, the said J. S. does not hereby intend to make himself responsible. [Signatures.] In witness whereof [etc.]. No. 503. Assignment of Debt. Know all men by these presents: That I, A. L,, of, etc., for and in consideration of the sum of one hundred dollars, to me paid by A. P., of, etc., the receipt whereof is hereby acknowledged, have sold, and by these presents do sell, assign, transfer, and set over, unto the said A. P., a certain debt due me from 0. L., amounting to the sum of one hun- dred dollars, for goods sold and delivered [or, work, labor, and ser- vices], with full power to sue for, collect, and discharge, or sell and assign the same. And I hereby covenant, that the said sum of one hun- dred dollars is justly due as aforesaid. [Signature.] Dated . No. 504. Notice by Creditor of Assignment of Debt. To You are hereby notified that I have this day assigned the debt of dollars ($ ), now due from you to me, to , of , county of , state of , and you are requested to pay the same to him immediately. [Signature.] Dated [etc.]. No. 505. Notice by Assignee of Assignment of Debt To . You are hereby notified that the debt of dollars ($ ), owing by you to has this day been absolutely assigned to me, my execu- tors, administrators, and assigns, by the said ; and that you are hereby required to pay said debt to me, or to such person as I may appoint to receive the same, on or before the day of , 19 — . [Signature.] Dated [etc.]. No. 506. Assignment of Seaman's Wages. Know all men that I, , for and in consideration of the sum of dollars ($ ), in which amount I am justly indebted to , of , county of , state of , do hereby assign, sell, and set over unto the said all suras of money now due and owing to me, the said , for wages or services on board the ship or vessel called the , from the master or owner of said vessel, on board of which vessel I served as a mariner on her voyage from to , which has recently terminated, with full power to prosecute the said vessel, 175 Assignment. Forms 507-510 her tackle, apparel, and furniture, freight, cargo, and any and all per- sons liable therefor, and receive and recover the same, and give dis- charges therefor. And the assignor covenants that he has not released liis said claim for wages, and that there is now due and owing to him therefor the sum of dollars ($ ). [Signature.] In witness whereof [etc.]. No. 507. Assignment of Personal Property — In General. For and in consideration of dollars ($ ), the receipt whereof is hereby acknowledged, and for other valuable considerations, I, the undersigned, do hereby sell, assign, and transfer to , of , county of , state of , all the personal property I own in said state at this time, and all of my interests in such property. [Signature.] In witness whereof [etc.]. No. 508. Assignment of Stock. For and in consideration of the sum of ten thousand dollars to me in hand paid, I hereby assign and sell to A. H. three shares of stock of the "E. M. A.," of the denomination of one thousand dollars each, and being shares represented by certificates numbered respectively, 25, 26 and 27, and now standing in my name on the books of said company. And I do guarantee, that all assessments to date are paid upon said shares and each of them, and I authorize the secretary, or other proper officer of said company, to enter this transfer upon the books of said company. Dated . [Signature.] No. 509. Assignment of Stock — Another Form. For and in consideration of dollars ($ ), the receipt whereof is hereby acknowledged, I , the undersigned, hereby sell, assign, transfer, and set over to , his executors, administrators, and assigns, with full power to transfer the same on the books of the corporation, • shares of stock belonging to me, of the company, represented by certificates as follows: . Said company has its principal place of business at , in the county of , state of , and the said assignor covenants that said shares of stock now stand in the name of said assignor on the books of said company. [Signature.] In witness whereof [etc.]. No. 510. Assignment of Account. For and in consideration of dollars ($ ) , the receipt whereof is hereby acknowledged, I, , do hereby sell, assign, and transfer to any and all sums of money now due to me from , of , Forms 511-513 Cowdery's Form Book. 176 county of , state of , with power to collect the same in my name, and as my attorney hereunto duly authorized, to his own use, but without any expense or charge to me whatever for the collection thereof. [Signature.] In witness whereof [etc.]. No. 511. Assignment of Account Indorsed Thereon. In consideration of one dollar, value received, I hereby sell and assign to F, 0. the within account, which is justly due from the within named H, A., and I hereby authorize the said F. 0. to collect the same. [Signature.] Dated . No. 512. Assignment of Policy of Insurance. Know all men by these presents : That I, P. L., of, etc., in the annexed policy named, for and in consideration of the sum of one hundred dol- lars to me in hand paid by P. C, of, etc., the receipt whereof is hereby acknowledged, have sold, assigned, transferred, and set over, and by these presents do sell, assign, transfer, and set over, unto the said P. C, the annexed policy of insurance, and all sum and sums of money, interest, benefit, and advantasze whatsoever, now due or hereafter to arise, or to be had or made by virtue thereof; to have and to hold the same unto the said P. C. and assigns forever. [Signature.] The above assignment is approved. [Signature of insurer.] No. 513. Assignment of Lease. Know all men by these presents: That I, B. R., of the town of Red Bluff, county of Tehama, and state of California, for and in considera- tion of the sum of eight hundred and fifty-nine dollars and fifty cents, gold coin of the United States of America, to me in hand paid by J. H., of the said town and county of Tehama, and state aforesaid, do by these presents sell, convey, assign, transfer, and set over unto the said J. H., a certain indenture of lease, bearing date the fifteenth day of August, one thousand nine hundred and seventeen, made by 0. C. of the city and county of San Francisco, and state aforesaid, to me, the said B. F., of a certain dwelling-house and lot, situate, lying, and being in the said town of Red Bluff, county of Tehama, bounded and described as follows, to wit: [Description.] for the term of four years and six montlis, reserving unto the said 0. C, the monthly rent of thirty-seven dollars and fifty cents, payable monthly, on the fifteenth day of each month, in advance, with all and singular the premises therein mentioned and described, and the build- ings thereon, together with the appurtenances. 177 Assignment. Forms 51'^51G To have and to hold the same unto the said J. H., his heirs, execu- tors, administrators, and assigns, from the fifteenth day of November, one thousand nine hundred and six, for and during all the remainder yet to come of the said term of four years and six months, mentioned in said indenture of lease. And I do hereby covenant and agree to and with the said J. H., that the said assigned premises now are free and clear of and from all former and other gifts, gi-ants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and en- cumbrances, by me suffered, made or created. [Signature.] Dated . No. 514. Assignment of Lease by Indorsement. For value received, I do by tliese presents bargain, sell, assign, and set over unto the said C. D., his heirs and assigns, the within written indenture of lease, and all my estate, right, title, interest, claim, prop- erty, and demand of, in, and to the lands, tenements, hereditaments, and premises therein mentioned, which I now have, by means of the said indenture, or otherwise; subject, nevertheless, to the rents and covenants in the said indenture contained. [Signature.] Dated . NOTE. — This form should not be used if it is the intention to record. Use the preceding. No. 515. Assignment of Contract for Sale of Real Estate. Know all men by these presents: That I, A. B., etc., for and in con- sideration of the sum of fifty dollars, gold coin of the United States, to me paid by C. D., of, etc., do, by these presents, sell, transfer, assign, and set over unto the said C. D., a contract for the sale of certain real estate, described as follows, to wit: [Description.] which said contract was made and exectued by E. F., of, etc., to me, the said A. B., and bears date the sixth day of May, 1916, to have and to hold the same unto the said C. D., his heirs, executors, administra- tors, and assigns; subject, nevertheless, to the covenants, conditions, and payments therein mentioned. And I hereby fully authorize and empower the said C. D., upon his performance of the said covenants and conditions, to demand and receive of \he said E. F., the deed covenanted to be given in the said contract, in the same manner, to all intents and purposes, as I myself might or could do, were thesa presents not exe- cuted. No. 516. Assignment of Mortgage. Know all men by these presents: That J. F., of the town of Colusa, county of Colusa, state of California, the party of the first part, for Form Book — 12 Forms 517, 518 Cowdery's Form Book. 178 and in consideration of the sum of one thousand five hundred dollars, lawful money of the United States of America, to him in liand paid by H. W., of Grand Island, county aforesaid, party of the second part, the receipt whereof is hereby acknowledged, does by these presents assign and transfer unto the said party of the second part, a certain in- denture of mortgage bearing date the nineteenth day of May, one thou- sand nine hundred and seventeen, made and executed by J. S. and J. S., his wife, to the said party of the first part, and recorded in the office of the county recorder of the said county of Colusa, state of California, in Liber 3 of Mortgages, page 279, on the said nineteentli day of May, 1917, at ten (10) minutes past 3 o'clock P. M. Together with the promissory note therein described, and the money due and to grow thereon, with the interest. And the said party of the first part does hereby make, constitute, and appoint the said party of the second part his attorney in fact, irrevocable, in his name or otherwise, but at the costs of the said party of the second part, to have, use, and take all lawful means for the i-ecovery of the said money and interest; and in case of payment to discharge the same as fully as the said party of the first part might or could do if these presents were not made. No. 517. Assignment of Mortgage (Statutory) — South Dakota. For and in consideration of dollars to in hand paid, do — hereby assign unto , of P. 0., a certain indenture of mortgage and the notes secured thereby, executed by to on the day of , A. D. 19 — , upon , and recorded in book of mortgages on page , in the office of register of deeds of county, state of South Dakota, on the day of , 19 — , at o'clock . [Acknowledgment.] [Signature.] NOTE. — Laws 1911, c. 257, sec. 4. No. 518. Assignment of Mortgage With Covenant of Ownership. Know all men by these presents: That J. M., of Eureka, county of Humboldt, state of California, the party of the first part, for and in consideration of the sum of five hundred and fifty-six dollars, lawful money of the United States of America, to him in hand paid by G. W., of said town of Eureka, state and county aforesaid, the party of the second part, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, and set over, and by these pres- ents does assign and transfer unto the said party of the second part, a certain indenture of mortgage, bearing date the nineteenth day of May, one thousand nine hundred and seventeen, made and executed by J. B., of said town of Eureka, to the said party of the first part to secvire the payment of the sum of five hundred and sixty-three dollars and ninety cents, gold coin of the United States, together with the 179 Assignment. Forms 519, 520 promissory note or obligation therein described, and the money due, or to grow due thereon, with the interest; which said indenture of mort- gage was recorded in the office of the county recorder of the said county of Humboldt, state of California, in Book 16 of Mortgages, page 196, on the twenty-fourth day of May, 1917. To have and to hold the same unto the said party of the second part, his executors, administrators, and assigns, for his or their use and benefit; subject only to the proviso in the said indenture of mortgage mentioned. And the said party of the first part does hereby make, constitute, and appoint the said party of the second part his true and lawful attorney in fact, irrevocable, in his name or otherwise, but at the proper cost of the said party of the second part, to have, use, and take all lawful ways and means for the recovery of the said money and interest; and in case of payment to discharge the same as fully as the said party of the first part might or could do if these presents were not made. And the said party of the first part does hereby covenant to and with the said party of the second part, that the said party of the first part is the lawful owner and holder of the said promissory note and mort- gage, and that he has good right to sell, transfer, and assign the same as aforesaid, and that there is now due and owing upon the said promis- sory note and mortgage, in gold coin of the United States, the sum of six hundred and seven dollars and eighty-four cents, with interest from the nineteenth day of October, one thousand nine hundred and seventeen. Dated . [Signature.] No. 519. Assignment Indorsed on Mortgage. For value received, I do hereby sell, assign, transfer, and set over, unto J. W., the within indenture of mortgage, together with the note accompanying the same. Dated . [Signature.] No. 520. Assignment of Bond and Mortgage. This indenture, etc. [as in the forms preceding, then add:] But this indenture [or, this assignment] is nevertheless made upon this express condition, that if the said A. B., his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, unto the said A. L., his heirs, executors, administrators, or assigns, the sum of one thousand dollars, on or before the seventh day of June, 1916, with legal interest from the date hereof, this indenture [or, this assignment] shall be void and of no effect ; it being made for the purpose of securing the payment of the said sum of one thousand dollars, with interest, as aforesaid, and for no other purpose whatever. And in case the said A. L., his heirs, executors, administrators, or assigns, shall collect and receive the money due on said mortgage hereby assigned, he or they shall, Forms 521, 522 Cowdery's Form Book. 180 after retaining the sum of one thousand dollars with the interest thereon, and his or their reasonable costs and charges in that behalf expended, pay the surplus, if any there be, to the said A. B., his heii'S, executors, administrators, or assigns. Dated , [Signature.] No. 521. Assignment of Judgment. Know all men by these presents : That G. H., of Redwood City, county of San Mateo, the party of the first part, in consideration of the sum of two thousand five hundred dollars, gold coin of the United States of America, to him in hand paid, by C. L., of Redwood City, in said county, state of California, the party of the second part, the receipt whereof is hereby acknowledged, has sold and assigned unto the said party of the second part, and his assigns, a certain judgment, recov- ered by the said party of the first part, on the ninth day of August, in the year of our Lord one thousand nine hundred and sixteen, in the superior court of the said county of San Mateo, state of California, against S. S. and A. J., for the sum of three thousand two hundred dollars, gold coin of the United States of America, and sixty-seven dollars and fifty cents, cost of suit, and all sums of money that may be had or obtained by means of said judgment, or on any proceedings to be had thereupon. And the said party of the first part does hereby appoint the said party of the second part, and his assigns, his true and lawful attorney irrevocable, with power of substitution and revocation, for the use and at the proper costs and charges of the said party of the second part, to demand and receive the said money, and to take out executions, and take in my name, or otherwise, all lawful ways and means for the recovery of the money due or to become due on the said judgment; and on payment to acknowledge satisfaction or discharge the same. And the said party of the first part does covenant that he will not collect or receive the same, or any part thereof, nor release or discharge the said judgment, but will allow all lawful proceedings therein, the said party of the second part saving the said party of the first part harmless of and from any costs in the premises. Dated . [Signature.] No. 522. Assignment of Judgment — Another Form.- [Title of Court and Cause.] In consideration of fifty dollars, gold coin of the United States, to me paid, I do hereby sell, assign, and transfer to C. D. the judgment heretofore given, made and entered in the above-entitled action, for his use and benefit ; hereby authorizing him to collect and enforce payment thereof, in my name or otherwise, but at his own costs and charges. Dated , [Signature.] 181 'Assignment. Forms 523-526 No. 523. Assignment of Goodwill and Book Debts of Business upon Sale Thereof. It having been ai^eed that , of , county of , state of , who is engaged in the business of , shall sell his said business and the goodwill thereof to , of the same place, for the price of dollars ($ ), current lawful money of the United States of America : Now this indenture witnesseth that, in pursuance of said agreement, and in consideration of the said sum of dollars ($ ), the re- ceipt whereof from the jjurchaser is hereby acknowledged, the said assigns to the said the whole of the business aforesaid, and the goodwill and full benefit thereof, for the period of years, with the right to use the trade name of said business, namely, . Dated . [Signature.] No. 524. Notice of Assignment of Legacy. To , Executor of the Will of , Deceased. You are hereby notified that the legacy or sum of dollars ($ ), bequeathed to , legatee under the will of said testator, has been this day absolutely assigned to me by the said legatee, and 5'^ou are requested to pay the same to me as and when it becomes pay- able together with the interest due thereon. Dated [etc,]. [Signature.] No. 525. Assignment by Corporation. Be it known that the company, of , a corj:)oration organized and doing business under the laws of the state of , having its principal office at , in said state, in pursuance of a resolution of the board of directors of said company, passed on the day of , 191 — , in consideration of dollars ($ ), the receipt whereof is hereby acknowledged, does hereby sell, assign, transfer, and eet over to , of , all that cei-tain property described as fol- lows, to wit: . In witness whereof the said company has caused these presents to be signed, in its name, by its president, and sealed with its corporate seal, attested by its secretary, this day of , 191 — . [Seal] , Company. Attest, , Secretary. By , President. No. 526. Assignment of Contract for Sale of Land. Know all men by these presents that I, , of , for and in consideration of the sum of dollars ($ ), gold coin of the United States, to me paid by , of , do, by these presents, sell, transfer, assign, and set over unto the said a contract for the sale of certain real estate, described as follows, to wit: , which Forms 527, 528 Cowdeby's Form Book. 182 said contract was made and executed by , of , to tliG said , and bears date the day of , 191 — , to have and to hold the same unto the said , his heirs, executors, administrators, and assigns; subject, nevertheless, to the covenants, conditions, and pay- ments therein mentioned. And I hereby fully authorize and empower the said , upon his performance of the said covenants and condi- tions, to demand and receive of the said the deed covenanted to be given in the said contract, in the same manner, to all intents and purposes, as I myself might or could do were these presents not executed. In witness [etc.]. [Signature.] Executed in presence of . No. 527. Assignment of Mortgage as Collateral Security. Be it known that I, , have this day assigned to , as collat- eral security for the payment of dollars ($ ), which I owe liim, a certain mortgage, dated , 191 — , signed by , and re- corded ; but upon this express condition, agi'eed to by the said , namely, that if I, the said , my heirs, executors, or adminis- trators, shall well and truly pay, or cause to be paid, to the said , his heirs, executors, administrators, or assigns, the said sum of dollars ($ ), on or before the day of , 191 — , with legal interest from the date hereof, this assignment shall be void; it being made for the purpose of securing the payment of the said sum of dollars ($ ), with interest as aforesaid, and for no other purpose whatever. And it is agreed between me, the said , and the said , that if the said , his heirs, executors, administrators, or assigns, shall collect and receive the money due on said mortgage hereby assigned, he or they will, after retaining the sum of dollars ($ ), with interest thereon, and his or their reasonable costs and charges in that behalf expended, pay the surplus, if any there be, to me, the said , my heirs, executors, administrators, or assigns. Witness our hands this day of ^ 191 — . Executed in presence of [Signature.] No. 528. Assignment of Judgment — Justice's Court. [Title of Court and Cause.] Judgment docketed , 191 — , for dollars ($ ) damages, and dollars ($ ) costs. For value received, I do hereby assign, transfer, and set over the above-mentioned judgment to ^ for his use, and at his risk, costs, and charges, in all respects. Dated , 191—. [Signature.] 183 Assignments fob Benefit of Creditors. Form 529 No. 529. Complaint by Assignee. [Title of Court and Cause.] Tlie plaintiff complains, and alleges: 1. [Allege incorporation as heretofore.] 2. [Same as by executor on life policy.] 3. That on the first day of March, 1917, the said A. B. [with the written consent of the defendants, or otherwise, according to the terms of the policy], assigned said policy of insurance to this plaintiff, in trust for E. B., his wife. 4. That up to the time of the death of A. B. all premiums accrued upon said policy were fully paid. 5. That on the fifth day of June, 1917, at L., said A. B. died. 6. That said A. B. and the plaintiff each performed all the condi- tions of said insurance on their part, and the plaintiff, more than ten days before the commencement of this action, to wit, on the tenth day of June, 1917, at L., gave to defendants notice and proof of the death of said A. B., as aforesaid, and demanded payment of the said sura of $10,000. 7. That the defendant has not paid the same, nor any part thereof. ASSIGNMENTS FOR BENEFIT OF CREDITORS. 540. Assigmnent to trustee for benefit of creditors. 541. Assignment to sheriff for benefit of creditors. 542. Transfer fcy sheriff to assignee. 543. Notice to creditors, by sheriff, to meet for purpose of electing assignee, 544. Published notice to creditors by sheriff. 545. Inventory to be made by assignor for benefit of creditors. 546. Afadavit to inventory of assignor for benefit of creditors. 547. Assignee's "bond. 548. Condition of assignee's bond — Kansas. 549. Assignee's notice to creditors. 550. Af&davit of publication of notice to creditors. 551. Affidavit of mailing notice to creditors. 552. Complaint by assignee for benefit of creditors. INTRODUCTORY NOTE. In California, a debtor is insolvent when he is nnable to pay his debts from his own means as they become due : Civ. Code, sec. 3150. He may make assignment for the benefit of creditors. He must give a list of his creditors, their residence and claims. The assign- ment is to the sheriff of the county of his residence, if he resides in the state. If he resides out of the state, then to the sheriff of the county where the property assigned, or some of it, is situated. The sheriff then takes possession of the property. As soon as the assignment is made the sheriff must, by mail, notify the creditors named to meet at his office on a day and hour not less than eight nor more than ten days from the date of the delivery of the assign- Form 540 Cowdery's Form Book, 184 mcnt to him, to elect one or more assignees, as they may elect in the place of the sheriff. The practice under the law falls naturally into the hands of those who know how to do things, and they make the time for the creditors to choose an assignee as short as possible, so that the local creditors at the county seat (where the sheriff resides) may be manipulated and stimulated by the sheriff and his attorney, to continue him (the sheriff) as assignee, in preference to creditors (foreign to the sheriff's residence) who might them- selves desire a voice in the selection. The notice so mailed must describe the amount of the creditor's demand as it appeare in the assignment. At the creditors' meeting the sheriff presides, and a majority in amount of demands controls. Proxies are allowed, but they must be acknowledged. Any number of assignees may be elected, and when elected the sheriff shall assign to them all he took under the debtor's assignment. Before making assignment, the sheriff shall be paid the same fees he would have been entitled to, provided, instead of under the assignment, he had taken the property of the debtor under attachment. The practical working of the provision is that in the large cities, at the first meeting of creditors a motion is made to adjourn, and it is adjourned from day to day, so that the sheriff's fees, including keeper's and at- torney's charges, make such a hole in the estate that the creditors often vote the sheriff in as permanent assignee, rather than risk- a change and a second payment of the same fees to a new lot of officers. A person residing in another state cannot make an assignment of his property in this state, except as is by the California statutes provided; but a person may, notwithstanding the statute, assign all his property in this state for the benefit of any one or more creditors. No. 540. Assignment to Trustee for Benefit of Creditors. This indenture, made the day of , 191 — , by and between of , comity of , state of , merchant, party of the first part; , of , in said county and state, party of the second part; and the several persons, creditors of the said , who have executed, or shall hereafter execute, or accede to these presents, par- ties of the third part, witnesseth: That whereas the party of the first part is indebted to divers per- sons in considerable sums of money, which he is at present unable to pay in full, and he is desirous to convey all his property for the benefit of all his creditors, without any preference or priority other than that provided by law: Now, the party of the first part, in consideration of the premises. and of one dollar, paid to him by the party of the second part, hereby 185 Assignments for Benefit of Creditors. Form 540 grants, bargains, sells, assigns, and conveys unto the party of the second part, and his heirs and assigns, all his lands, tenements, heredita- ments, goods, chattels, property, and choses in action, of every name and nature and description, wheresoever the same may be, except such l)roperty only as is exempted by law from attachment and execution, as fully described and set forth in the schedule hereto annexed and made a part of this assignment. To have and to hold the said premises unto the said party of the second part, and his heirs and assigns: But in trust and confidence nevertheless to sell and dispose of the said real and personal estate, and to collect the said choses in action, using a reasonable discretion as to the times and modes of selling and disposing of said estate, as it respects making sales for cash or on credit, at public auction or by private contract, and with the right to compound for the said clioses in action, taking a part for the whole, where the trustee shall deem it expedient so to do; then in trust to dispose of the proceeds of the said property in the manner following, viz.: 1. To pay all such debts as by the laws of the United States or of this state are entitled to a preference in such cases; 2. To pay the costs and charges of these presents, and the expenses of executing the trusts declared in these presents; 3. To distribute and pay the remainder of the said proceeds to and among all the parties of the third part, ratably, in proportion to their respective debts. And, if there should be any surplus, after paying all the parties of the third part in full, then in trust; 4. To pay over such surplus to the party of the first part, his execu- tors, administrators, or assigns. And the party of the first part hereby constitutes and appoints the party of the second part his attorney irrevocable, with power of sub- stitution, authorizing him, in the name of the party of the first part, or otherwise, as the case may require, to do any and all acts, matters, and things to carry into effect the tme intent and meaning of these presents which the party of the first part might do if personally present. And the party of the second part, hereby accepting these trusts, covenants to and with each of the other parties hereto to execute the same faithfully. And the party of the first part hereby covenants with the said trus- tee, from time to time, and at all times when requested, to give him all the information in his power respecting the assigned property, and to execute and deliver all such instruments of further assurance as the party of the second part shall be advised by counsel learned in the law to be necessary, in order to carry into full effect the true intent and meaning of these presents. And the parties of the third part, by signing these presents, express their assent to this assignment, and accept the provision for them made herein, pursuant to the statute aforesaid. Forms 541, 542 Cowdery's Form Book. 186 In witness whereof the said parties have hereunto set their hands this day of , 191—, [Signatures.] NOTE. — If there is any property exempted by law from attachment or execution, set forth a description thereof in a schedule, and annex it to tho assignment. No. 541. Assignment to Sheriff for Benefit of Creditors. Whereas I, , the undersigned, of , county of , state of , am unable at present to pay my debts from my own means as they become due, am insolvent, and am desirous of availing myself of the benefit of sections of the of the state of : Now therefore, in consideration of the premises, and in accordance with the law in such cases made and provided, I, the said , do liereby grant, convey, transfer, assign, and set over unto , sheriff of the county of , £>tate of , his successors and assigns, all real and personal prc^perty, of every kind and description, and where- soever situated, of which I am the owner, or possessed of, or entitled to the possession of, or in which I am in any manner interested. To have and to hold the same for the satisfaction of my creditors, in accordance with the provisions of the law in such cases made and provided. The following is a list of the names of my creditors, with their places of residence, and the amount of their respective demands; Names. Place of Residence. Amount. , , and [Here follow blank spaces for required number of names.] Dated at , this day of , 191—. [To be acknowledged.] [Signature.] No. 542. Transfer by Sheriff to Assignee. [Title of Court and Cause.] Whereas , of , county of , state of , an insolvent debtor, did, on the day of , 191—, in pursuance of the pro- visions of sections of the of the state of , assign to me , sheriff of the county of , state of , his property for the beneHt of his creditors, which assignment was and is in writing, and was duly recorded in the office of the county recorder of the county of , state of , on the day of , 191—; And whereas I, the said sheriff, did thereupon cause a notice of a meeting of the creditors of the said to be sent by mail to each creditor named, and to the address given in said assignment, and which notice specified the amount owing to such creditors, as set forth in said assignment, and notified them to meet at my office in said county of , state of , on , the day of , 191—, at — o'clock A. M. of that day, for the pui-pose of electing an assignee or assignees in my place and stead, as assignee of the property of tho said ; 187 Assignments for Benefit of Creditors, Forms 543, 544 And whereas I, the said sheriff, did cause a notice of said meeting of creditors to be published for in the , a newspaper pub- lished in said county and state, which said county was and is the place of residence of the said ; And whereas, at a meeting of the creditors of the said , held in pursuance of the notices aforesaid, which were given and published as required by law in such cases made and provided, was, by a majority in amount of the demands against the said present and rei^resented by proxy, duly elected assignee in accordance with the aforesaid provisions of law: Now therefore, in consideration of the premises, and in pursuance of the law in such cases made and provided, I, , sheriff as afore- said, do, as such sheriff, hereby grant, convey, transfer, assign, and set over to the said , as such assignee, and to his successors and assigns, upon the trusts provided in said assignment and in said sections of the of the state of , all of the property, ol every kind and description, so as aforesaid assigned to me by the said . Dated at , this day of , 191 — . [Official signature.] [To be acknowledged.] No. 543. Notice to Creditors, by Sheriff, to Meet for Purpose of Elect- ing Assignee. [Title of Court and Cause.] To . You are hereby notified to attend a meeting of the creditors of , to be held at my office in — — on , the day of , 191 — , at o'clock — M. of said day, for the purpose of electing one or more assignees of said in my place and stead. The amount of your demand set forth in the assignment to me is • dollars ($ ). Dated [etc.]. [Official signature.] NOTE. — This is the form of notice to be given by mail. The clay set must not be less nor more than tihe time prescribed by statute from the date of the delivery of the assignment to the sheriff. This notice shall also contain a statement of the nature and amount of any security for the demand of the creditor, if any such security exists. No. 544. Published Notice to Creditors by Sheriff. [Title of Court and Cause.] Notice is hereby given that a meeting of the creditors of will be held at my office in , on , the day of , 191 — , at o'clock — M. of said day, for the purpose of electing one or more assignees of said in my place and stead, as assignees of the said for the benefit of his creditors. Dated [etc.]. [Official signature.] NOTE. — This notice must be published at least once before such meeting. Forms 545, 546 Cowdery's Form Book. 188 No. 545. Inventory to be Made by Assignor for Benefit of Creditors. [Title of Court and Cause.] The following is a full and true inventory of all property, both real and personal, belonging to the assignor in the above-entitled cause, at the time of the making of his assignment for the benefit of creditors; the names and places of residence of his creditors, and the sum due to each ; the true nature of the indebtedness or demand ; the true cause and consideration thereof, and the time and place when and where said indebtedness accrued; and a statement of any existing pledge, lien, mortgage, judgment, or other security for the payment of the same: tl exist- mort- , or r the said u o o o . en cause oration edness. when edness ued. where edness ued. § s § >.^ «4-l o -1 S 3 True eonsid indebt Place indebt acci a'S Sg l^o 53|- m QJ CQ 1^ rd o3 +J rH CO -^^ ra -< o a) u o S ta &2 Residence (if un- Icnown, that fact must be stated). CI ^^ Nature and con- sideration of the debt, and whether contracted as part- ner or joint con- tractor; and if so, with whom. Amount. (1) Taxes and debts due and owing to the TTnitorl Stfj+po $ e. (2) Taxes due and owing to the state of — - nT +n *iTiv 1 county, district or municipality there- (3) Wages due work- men, clerks or ser- vants, to an amount not exceeding $300 each, earned with- in three months before filing the 1 • ' petition (4) Other debts having , priority by law. ... I'--- 1 \ Total -, Petitioner. 223 Bankruptcy. Form 631 Schedule "A" (2). Creditors Holding Securities. [N*. B. — Particulars of securities held, with dates of same, and when they were given to be stated under the names of the several creditors, and also particulars concerning each debt, as required by acts of con- gress relating to bankruptcy, and whether contracted as partner or joint contractor with any other person ; and if so, with whom.] 1 — ■ • -,^ 1 1 O ' -d ■-'. a o . u a • — ' U u (if u at fa ated) a o r o CO © o o .5« Description of securities. n V4 o PJ to M a c o a <; $ C. Total f Petitioner. Schedule "A" (3). Creditors Whose Claims are Unsecured. [N. B. — When the name and residence (or either) of any drawer, maker, indorser or holder of any bill or note, etc., are unknown, the fact must be stated, and also the name and residence of the last holder known to the debtor. The debt due to each creditor must be stated in full, and any claim by way of setoff stated in the schedule of property.] Reference to led- ger or voucher. Names of credi- tors. Residence (if un- known, that fact must be stated). o u . — ^1 « o a » o o > c Vi o IB 5 P3 to « "o J3 o M a a Residences (if un- known, that fact must be stated). .Mames and resi- dence of persons accommodated. PI o o (0 0) Whether liability was contracted as partner or joint contractor, or with any other person ; and, if so, with whom. $ c. 1 " Total ....,- — Petitioner. 225 Bankruptcy. Form 631 Oath to Schedule "A." United States of America, District of , ss. On this day of , A. D. 19—, before me personally came , the person mentioned in and who subscribed to the foregoing schedule, and who, being by me first duly sworn, did declare the said schedulf^ to be a statement of all his debts, in accordance with the acts of Con- gress relating to bankruptcy. Subscribed and sworn to before me this day of , A. D. 19 — . [Official character.] Schedule "B" (1). Statement of All Property of Bankrupt. Real Estate. Si « t1 a^ °2 Location and description of all real estate owned C3 Id •«^ Estimatftd by debtor or held by him. ^.-2 OJ w ■ value. as-S S ^2 g; ^ a> Stat ther $ • • • • c. Total . . . • • • • Petitioner. Schedule "B" (2). Personal Property. a. b. d. 8. f. g- h. i. 1. Cash on hand Bills of exchange, promissory notes, or securities of any description (each to be set out separately) Stock in trade, in business of , at , of the par value of Household goods and furniture, household stores, wearing apparel and ornaments of the persou, viz Books, prints, and pictures, viz Horses, cows, sheep, and other animals (with num- ber of each) viz Carriages and other vehicles, viz Farming stock and implements of husbandry, viz Shipping and shares in vessels, viz Machinery, fixtures, apparatus, and tools used in business, with the place where each is situated, viz • Patents, copyrights, and trademarks, viz ;••.••• Goods or personal property of any other description, with the place where each is situated, viz Total. Form Book — 15 Petitioner. Form 631 Cowdery's Form Book. 226 Schedule "B" (3). Glioses in Action. a. b. c. d. e. Debts due petitioner on open account.. Stocks in incorporated companies, in- terest in joint stock companies, and negotiable bonds Policies of insurance Unliquidated claims of every nature, with their estimated value Deposits of money in banking institu- tions, and elsewhere Total . Dollars. Cents. -, Petitioner. Schedule "B" (4). Property in Reversion, Remainder, or Expectancy, Including Property Held in Trust for the Debtor or Subject to Any Power or Right to Dispose of or to Charge. [N. B. — A particular description of each interest must be entered. If all or any of the debtor's property has been conveyed by deed of assign- ment, or otherwise, for the benefit of creditors, the date of such deed should be stated, the name and address of the person to whom the prop- erty was conveyed, the amount realized from the proceeds thereof, and the disposal of the same, as far as known to the debtor.] Greneral Interest. Particular description. Supposed value of my interest. Interest in land Personal property Property in money, stock, shares, bonds, an- nuities, etc Eights and powers, legacies and bequests. . . . Property heretofore conveyed for benefit of creditors. "What portion of debtor's property has been conveyed by deed of assignment, or other- wise, for benefit of creditors; date of such deed, name and address of party to whom convoyed; amount realized there- from and disposal of same, so far as known to debtor What sum or sums have been paid to counsel and to whom, for services rendered or to be rendered in this bankruptcy Total. Total. Amount realized from proceeds of property conveyed $ e. -, Petitioner. 227 Bankruptcy. Form 631 Schedule "B" (5). A Particular Statement of the Property Claimed as Exempted from the Operation of the Acts of Congress Relating to Bankruptcy, Giving Each Item of Property and Its Valuation; and, if Any Portion of It is Real Estate, Its Location, Description, and Present Use. Military uniform, arms, and equipments Property claimed to be exempted by state laws; its valuation; whether real or personal; its description and present use; and reference given to the statute of the state creating the exemption Total. Valuation. Petitioner. Schedule "B" (6). Books, Papers, Deeds, and Writings Relating to Bankrupt's Business and Estate. The following is a true list of all books, papers, deeds, and writings relating to my trade business, dealings, estate, and effects or any part thereof which at the date of this petition are in my possession or under my custody and control, or which are in the possession or custody of any person in trust for me, or for my use, benefit, or advantage; and also of all others which have been heretofore, at any time, in my pos- session, or under my custody or control, and which are now held by the parties whose names are hereinafter set forth, with the reason for their custody of the same. Books. Deeds. Papers Petitioner. Oath to Schedule "B." United States of America, District of , ss. On this day of , A. D. 19 — , before me personally came , the person mentioned in and who subscribed to the foregoing schedule, and who, being by me first duly sworn, did declare the said schedule to be a statement of all his estate, both real and personal, in accordance with the acts of congi-ess relating to bankruptcy. [Ofi5cial character.] Form 632 Cowdery's Form Book. 228 Summary of Debts and Assets. (From tlie Statements of the Bankrupt in Schedules "A" and "B.") Schedule A Schedule Schedule Schedule Schedule A Schedule B Schedule B It 11 « « (1) Taxes and debts due United States... (2) Taxes due states, counties, districts and municipalities (3) Wages (4) Other debts preferred by law Secured claims Unsecured claims Notes and bills which ought to be paid by other parties thereto Accommodation paper Schedule A, total. Schedule B Schedule B Schedule B Schedule B 1 2-a 2-b 2-c 2-d 2-e 2-f 2-g 2-h 2-i 2-j 2-k 2-1 3-a 3-b 3-c 3-d 3-e Eeal estate Cash on hand • • Bills, promissory notes and securities Stock in trade Household goods, etc Books, prints, and pictures Horses, cows, and other animals Carriages and other vehicles Farming stock and implements Shipping and shares in vessels Machinery, tools, etc Patents, copyrights and trademarks... Other personal property Debts due on open accounts Stocks, negotiable bonds, etc Policies of insurance Unliquidated claims Deposits of money in banks and else- where Property in reversions, remainder, trust, etc Property claims to be exempted Books, deeds and papers Schedule B, total. No. 632. PartnersMp Petition. To the Honorable , Jud-e of the District Court of the United States for the District of : The petition of respectfully represents: That your petitioners and have been partners under the firm name of , having their principal place of business at , in the county of , and district and state of , for the greater portion of the six months next immediately preceding the filing of this petition ; that the said partners owe debts which they are unable to pay in full; that your petitioners are willing to surrender all their property for the benefit of their creditors, except such as is exempt by law, and desire to obtain the benefit of the acts of Congress relating to bankruptcy. That the schedule hereto annexed, marked "A," and verified by oath, contains a full and true statement of all the debts of said partners, and, 229 Bankruptcy. Fomi 632 as far as possible, the names and places of residence of their creditors, and such further statements concerning said debts as are required by the provisions of said acts. That the schedule hereto annexed, marked "B," verified by oath, contains an accurate inventory of all the property, real and personal, of said partners, and such further statements concerning said property as arc required by the provisions of said acts. And said further states that the schedule hereto annexed, marked "C," verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of resi- dence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked "D," verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required bj'^ the pro- visions of said acts. And said further states that the schedule hereto annexed, marked "E," verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of resi- dence of his creditors, and such further statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked "F," verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such fur- ther statements concerning said property as are required bj'^ the provi- sions of said acts. And said further states that the schedule hereto annexed, marked "G," verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of resi- dence of his creditors, and such further statements concernina- said debts as are required by the provisions of said acts ; and that the schedule hereto annexed, marked "H," verified by his oath, contains an accurate inventory of all his individual property, real and personal, and sucli further statements concerning said property as are required by the ]iro- visions of said acts. And said further states that the schedule hereto annexed, marked "J," verified by his oath, contains a full and true statement of all his individual debts, and, as far as possible, the names and places of r<'si- dence of his creditors, and such furtlier statements concerning said debts as are required by the provisions of said acts; and that the schedule hereto annexed, marked "K," verified by his oath, contains an accurate inventory of all his individual property, real and personal, and such further statements concerning said property as are required by the pro- visions of said acts. Wherefore your petitioners pray that the said firm may be adjudged by a decree of the court to be bankrupts within the purview of said acts. -, Attorney. Form 633 Cowdery's Form Book. 230 -, the petitioning debtors mentioned and described in the forego- ing petition, do hereby make solemn oath that the statements contained therein are true according to the best of their knowledge, information, and belief. Petitioners. Subscribed and sworn to before me this day of , A. D. 19—. [Official character.] [Schedules to be annexed.] No. 633. Creditors' Petition. To the Honorable , Judge of the District Court of the United States for the District of : The petition of , of , and , of , and of , respectfully shows: That , of , has for the greater portion of six months next preceding the date of filing this petition, had his principal place of busi- ness, [or resided, or had his domicile] at , in the county of and state and district aforesaid, and owes debts to the amount of $1,000. That your petitioners are creditors of said , having provable claims amounting in the aggi-egate, in excess of securities held by them, to the sum of $500. That the nature and amount of your petitioners' claims are as follows: . And your petitioners further represent that said is insolvent, and that within four months next preceding the date of this petition the said committed an act of bankruptcy, in that he did heretofore, to wit, on the day of : . Wherefore your petitioners pray that service of this petition, with a subpoena, may be made upon , as provided in the acts of Congress relating to bankruptcy, and that he may be adjudged by the court to be a bankrupt within the purview of said acts. > , Attorney. Petitioners. United States of America, District of , ss. ^ , , being three of the petitioners above named, do hereby make solemn oath that the statements contained in the forego- ing petition, subscribed by them, are true. Before me, , this day of , 19—. > [OflBcial character.] [Schedules to be annexed.] 231 Bankruptcy. Forms 634-63G No. 634. Order to Show Cause upon Creditors' Petition. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of . Upon consideration of the petition of , that be declared a banki-upt, it is ordered that the said do appear at this court, as a court of bankruptcy, to be holden at , in the district aforesaid, on the day of , at o'clock in the noon, and show cause, if any there be, why the prayer of said petition should not be gi-anted; and It is further ordered that a copy of said petition, together with a writ of subpoena, be served on said , by delivering the same to him per- sonally, or by leaving the same at his last usual place of abode in said district, at least five days before the day aforesaid. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the day of , A. D, 19 — . [Seal of the court] • , Clerk. No. 635. Subpoena to AUeged Bankrupt. United States of America, District of . To , in said District, Greeting: For certain causes offered before the district court of the United States of America within and for the district of , as a court of bankruptcy, we command and strictly enjoin you, laying all other mat- ters aside and notwithstanding any excuse, that you personally appear before our said district court to be holden at , in said district, on the day of , A. D. 19 — , to answer to a petition filed by , in our said court, praying that you may be adjudged a bankrupt: and to do further and receive that which our said district court shall consider in his behalf. And this you are in no wise to omit, under the pains and penalties of what may befall thereon. Witness the Honorable , judge of the said court, and the seal thereof, at , this day of , A. D. 19 — . [Seal of the court] , Clerk. No. 636. Order for Jury Trial. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of . At , in said district, on the day of , 19 — . Upon the demand in writing filed by , alleged to be a bankrupt, that the fact of the commission by him of an act of bankruptcy, and the fact of his insolvency may be inquired of by a jury, it is ordered, that said issue be submitted to a jury. [Seal of the court] , Clerk. Forms 637, 638 Cowdeky's Form Book. 232 No. 637. Special Warrant to Marshal. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of . To the Marshal of Said District or to Either of His Deputies, Greeting : Whereas a petition for adjudication of bankruptcy was, on the (lay of , A. D. 19 — , filed against , of the county of and state of , in said district, and said petition is still pending; and whereas it satisfactorily appears that said has committed an act of bankruptcy (or has neglected or is neglecting, or is about to so neglect his property that it has thereby deteriorated or is thereby deteriorating or is about thereby to deteriorate in value), you are therefore authorized and required to seize and take possession of all his deeds, books of account, and papers, and to hold and keep the same safely subject to the further order of the court. Witness the Honorable , judge of the said court, and the seal tliereof, at , in said district, on the day of , A. D. 19 — . [Seal of the court] , Clerk. No. 638. Bond of Petitioning Creditor. Know all men by these presents: That we , as principal, and , as sureties, are held and firmly bound unto , in the full and just sum of dollars, to be paid to the said , executors, adminis- trators, or assigns, to which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, by these presents. Signed and sealed this day of , A, D. 19 — . The condition of this obligation is such that Avhereas a petition in bankruptcy has been filed in the district court of the United States for the district of against the said , and the said • has applied to that court for a warrant to the marshal of said district directing him to seize and hold the property of said , subject to the further orders of said district court. Now, therefore, if such warrant shall issue for the seizure of said property, and if the said shall indemnify the said for such damages as he shall sustain in the event such seizure shall prove to have been wrongfully obtained, then the above obligation to be void ; otherwise to remain in full force and virtue. [Seal] [Seal] [Seal] Sealed and delivered in the presence of , [Acknowledgment.] [Justification of sureties.] Approved this day of , A. D. 19 — . , District Judge. 233 Bankruptcy. Forms 639-670 No. 639. Bond to Marshal. Know al! men b}-^ these presents: That we, , as principal, and , as sureties, are held and firmly bound unto , marshal of the United States for the district of , in the full and just sum of dollars, to be paid to the said , his executors, administrators, or assigns, to which payment, well and truly to be made, we bind our- selves, our heirs, executors and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19 — . The condition of this obligation is such that whereas a petition in bankruptcy has been filed in the district court of the United States for the district of , against the said , and the said court has issued a warrant to the marshal of the United States for said district, directing him to seize and hold property of the said , subject to the further order of the court, and the said property has been seized by said marshal as directed, and the said district court upon a petition of said has ordered the said property to be released to him. Now, therefore, if the said property shall be released according to the said , and the said , being adjudged a bankrupt, shall turn over said property or pay the value thereof in money to the trustee, then the above obligation to be void; otherwise to remain in full force and virtue. [Seal] [Seal] [Seal] Sealed and delivered in the presence of . [ AeknoAvIedgment.] [Justification of sureties.] Approved this day of , A. D. 19 — . , District Judge. No. 670. Adjudication that Debtor is not Bankrupt. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of . At , in said district, on day of , A. D. 19 — , before the Honorable , judge of the district of . This cause came on to be heard at , in said court, upon the peti- tion of that be adjudged a bankrupt within the true intent and meaning of the acts of Congress relating to bankruptcy, and [here state the XJi'oceedings, whether there was no opposition, or, if opposed, state what proceedings were had]. And thereupon, and upon consideration of the proofs in said cause (and the arguments of counsel thereon, if any), it was found that the facts set forth in said petition were not proved; and it is therefore Forms 671, 672 Cowdery's Form Book. 234 adjudged that said was not a bankrupt, and that said petition be dismissed, with costs. Witness the Honorable , judge of said court, and the seal thereof, at , in said district, on the day of , A. D. 19 — . [Seal of the court] , Clerk. No. 671. Adjudication of Bankruptcy. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19 — , before the Honorable , judge of said court in bankruptcy, the petition of • that be adjudged a bankrupt, within the true intent and mean- ing of the acts of Congress relating to banknaptcy, having been heard and duly considered, the said is hereby declared and adjudged bankrupt accordingly. Witness the Honorable , judge of said court, and the seal thereof, at , in said district, on the day of , A. D. 19 — . [Seal of the court] , Clerk. No. 672. Appointment, Oath and Report of Appraisers. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. It is ordered that , of , , of , and of , three disinterested persons, be, and they are hereby, appointed apprais- ers to appraise the real and personal property belonging to the estate of the said bankrupt set out in the schedules now on file in this court, and report their appraisal to the court, said appraisal to be made as soon as may be, and the appraisers to be duly sworn. Witness my hand this day of , A. D. 19 — . , Referee in Bankruptcy. District of , ss. Personally appeared the within named and severallj'^ made oath that they will fully and fairly appraise the aforesaid real and personal property according to their best skill and judgment. Subscribed and sworn to before me this day of , A. D. 19- [OfiBcial character.] We, the undersigned, having been notified that we were appointed to estimate and appraise the real and personal property aforesaid, have 235 Bankruptcy. Forms 673, 674 attended to the duties assigned us, and after a strict' examination and careful inquiry, we do estimate and appraise the same as follows: Dollars. I Cents. In witness whereof we have hereunto set our hands, at , this — day of , A. D. 19—. No. 673. Order of Reference. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Whereas , of , in the county of , and district aforesaid, on the day of , A. D. 19 — , was duly adjudged a bankrupt upon a petition filed in this court by [or against] him on the day of , A. D. 19 — , according to the provisions of the acts of Congress relating to bankruptcy. It is thereupon ordered, that said matter be referred to , one of the referees in bankruptcy of this court, to take such further proceed- ings therein as are required by said acts; and that the said shall attend before said referee on the day of , at , and thence- forth shall submit to such orders as may be made by said referee or by this court relating to said bankruptcy. Witness the Honorable , judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 19 — . [Seal of the court] , Clerk, No. 674. Order of Reference in Judge's Absence. In the District Court of the United States for the District of . In Bankruptcy. In the IMatter of . Whereas on the day of , A. D. 19—, a petition was filed to have , of , in the county of and district aforesaid, adjudged a bankrupt according to the provisions of the acts of Congress relating to bankruptcy; and whereas the judge of said court was absent from said district at the time of filing said petition [or, in case of in- voluntary bankruptcy, on the next day after the last day on which pleadings might have been filed, and none have been filed by the bank- rupt or any of his creditors], it is thereupon ordered that the said matter be referred to , one of the referees in bankruptcy of this court, to consider said petition and take such proceedings therein as arc Forms 675, G76 Cowdery's Form Book. 236 reqiiired by said acts; and that the said shall attend before said referee on the day of , A. D. 19 — , at . Witness my hand and the seal of the said court, at , in said dis- trict, on the day of , A. D. 19 — . [Seal of the court] , Clerk. No. 675. Bond of Referee. KJnow all men by these presents: That we, , of , as prin- cipal, and of — — and , of , as sureties, are held and firmly bound to the United States of America in the sum of dollars, lawful money of the United States, to be paid to the said United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19 — . The condition of this obligation is such that whereas the said has been on the day of , A. D. 19 — , appointed by the Honor- able , judge of the district court of the United States for the district of , a referee in bankruptcy, in and for the county of , in said district, under the acts of Congress relating to bankruptcy. Now, therefore, if the said shall well and faitlifuUy discharge and perform all the duties pertaining to the said office of referee in bankruptcy, then this obligation to be void; otherwise to remain in full force and virtue. (L. S.) ■ (L. S.) (L. S.) Signed and sealed in the presence of — . [Acknowledgment.] [Justification of sureties.] Approved this day of , A. D. 19 — , , District Judge. No. 676. Referee's Oath of Office. I, , do solemnly swear that I will administer justice without re- spect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as referee in bankruptcy, according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States. So help me God. Subscribed and sworn to before me this day of , A. D. 19 — . • , District Judge. 237 Bankruptcy. Forms 677-679 No. 677. Notice of First Meeting of Creditors. In the District Coui-t of the United States for the In Bankruptcy. In the Matter of , Bankrupt. To the creditors of , of , in the County of aforesaid, a bankrupt: Notice is hereby given that on day of District of . and district -, A. D. 19—, the said was duly adjudicated bankrupt; and that the first meeting of his creditors will be held at 19—, at - in on the dav of A. D. — o'clock in the noon, at which time the said creditors may attend, prove their claims, appoint a trustee, examine the bank- rupt, and transact such other business as may properly come before said meeting. ' * , Referee in Bankruptcy. No. 678. Certificate by Referee to Judge. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. I, , one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose pertinent to the said proceedings: [Here state the question, a summary of the evidence relating thereto, and the finding and order of the referee thereon.] And the said question is certified to the judge for his opinion tliorcon. Dated at , the day of , A. D. 19 — . , Referee in Bankruptcy. No. 679. List of Debts Proved at Tirst Meeting. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19 — , before , referee in bankruptcy. The following is a list of creditors who have this day proved their debts : Names of creditors. Residence. Debts provei Dollars. Cents. -, Referee in Bankruptcy, Forms 680, 681 Cowdery's Form Book. 238 No. 680. General Letter of Attorney in Fact Wlien Creditor is not Represented by Attorney at Law. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. To , I, , of , in the county of and state of , do hereby authorize you, or any one of you, to attend the meeting or meetings of creditors of the bankrupt aforesaid at a court of bankruptcy, wher- ever advertised or directed to be holden, on the day and at the hour appointed and notified by said court in said matter, or at such other place and time as may be appointed by the court for holding such meet- ing or meetings, or at which such meeting or meetings, or any ad- journment or adjournments thereof may be held, and then and there from time to time, and as often as there may be occasion, for me and in my name to vote for or against any proposal or resolution that may be then submitted under the acts of Congress relating to bankruptcy; and in the choice of trustee or trustees of the estate of the said bank- rupt, and for me to assent to such appointment of trustee; and with like powers to attend and vote at any other meeting or meetings of creditors, or sitting or sittings of the court, which may be held therein for any of the purposes aforesaid; also to accept any composition pro- posed by said bankrupt in satisfaction of his debts, and to receive pay- ment of dividends and of money due me under any composition, and for any other purpose in my interest whatsoever, with full power of substitution. In witness whereof I have hereunto signed my name and affixed my seal the day of , A. D. 19 — . [L. S.] Signed, sealed, and delivered in presence of . Acknowledged before me this day of , A. D. 19 — . [Official character.] No. 681. Special Letter of Attorney in Fact. In Bankruptcy. In the Matter of , Bankrupt. To . I hereby authorize you, or any one of yon, to attend the meeting of creditors in this matter, advertised or directed to be holden at , on the day of , before , or any adjournment thereof, and then and there for and in name to vote for or against any proposal or resolution that may be lawfully made or passed at 239 Bankruptcy. Forms 682, 683 such meeting or adjourned meeting, and in the choice of trustee or trustees of the estate of the said bankrupt. [L. S.] In witness whereof I have hereunto signed my name and affixed my seal the day of , A. D. 19 — . Signed, sealed, and delivered in presence of . Acknowledged before me this day of , A. D. 19 — . [Official character.] No. 682. Appointment of Trustee by Creditors. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19—, before , referee in bankruptcy. This being the day appointed by the court for the first meeting of creditors in the above bankruptcy, and of which due notice has been given in the [here insert the name of the newspapers in which notice was published], we, whose names are hereunder written, being the majority in number and in amount of claims of the creditors of the said bankrupt, Avhose claims have been allowed, and who are present at this meeting, do hereby appoint , of , in the county of and state of , to be trustee of the said bankrupt's estate and effects. Signatures of creditors. Residence of the same. Amount of debt. Dols. I Cts. I Ordered that the above appointment of trustee be, and the same is hereby, approved. , Referee in Bankruptcy. No. 683. Appointment of Trustee by Referee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19—, before , referee in bankniptcy. This being the day appointed by the court for the first meeting of creditors under the said bankruptcy, and of which due notice has been given in the [here insert the name of the newspapers in which notice Avas published], I, the undersigned referee of the said coiirt in bank- ruptcy, sat at the time and place above mentioned, pursuant to such notice, to take the proof of debts and for the choice of trustee under Form 684 Cowdery 's Form Book, 240 the said bankruptcy; and I do hereby certify that the creditors whose claims liad been allowed and were present, or duly represented, failed to make choice of a trustee of said bankrupt's estate, and therefore I do hereby appoint , of ^ in the county of and state of -, as trustee of the same. Referee in Bankruptcy. No. 684. Bond of Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Know all men by these presents: That we, , of , as prin- cipal, and Massachusetts Bonding and Insurance Company, a corpora- tion duly organized and doing business under and by virtue of the laws of the commonwealth of Massachusetts, and duly licensed for the purpose of making, guaranteeing or becoming a surety upon bonds or undertakings required or authorized by the laws of the state of California, and duly qualified for the purpose of making, guaranteeing or becoming surety upon bonds or undertakings required or authorized by the laws of the United States of America, as surety, are held and firmly bound unto the United States of America in the sum of dollars, in lawful money of the United States, to be paid to the said United States, for which payment, well and truly to be made, we bind ourselves, and our heirs, executors, administrators and successors, jointly and severally, by these presents. Signed and sealed this day of , A. D. 19 — . The condition of this obligation is such, that whereas the above-named was, on the day of A. D. 19 — , appointed trustee in the case pending in bankruptcy in said court, wherein is the bank- rupt, and he, the said , has accepted said trust with all the duties and obligations pertaining thereunto; Now, therefore, if the said trustee as aforesaid, shall obey such orders as said court may make in relation to said trust, and shall faithfully and truly account for all the moneys, assets and effects of the estate of said bankrupt which shall come into his hands and posses- sion, and shall in all respects faithfully perform all his official duties as said trustee, then this obligation to be void; otherwise to remain in full force and virtue, [Seal] By , Its Attorney in Fact. Attest: , Its Attorney in Fact. Signed and sealed in presence of 241 BxVNKRUPTCY. Forms 685-G8b No. 685. Notice to Trustee of His Appointment. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. To , of , in the County of , and district aforesaid: I hereby notify you that you were duly appointed trustee [or one of the trustees] of the estate of the above-named bankrupt at the first meeting of the creditors, on the day of , A. D. 19 — , and I have approved said appointment. The penal sum of your bond to such trustee has been fixed at dollars. You are required to notify mo forthwith of your acceptance or rejection of the trust. Dated at the day of , A. D. 19 — . , Referee in Bankruptcy. No. 686. Order that No Trustee be Appointed. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. It appearing that the schedule of the bankrupt discloses no assets, and that no creditor has appeared at the first meeting, and that the appointment of a trustee of the bankrupt's estate is not now desirable, it is hereby ordered that, until further order of the court, no trustee be appointed and no other meeting of the creditors be called. , Referee in Bankruptcy. Cr. No. 687. Account of Trustee. The Estate of , Bankrupt, in Account With , Trustee. Dr. [Here follows statement of account.] No. 688. Oath to Final Account of Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. On this day of , A. D. 19 — , before me comes of , in the county of and state of , and makes oath, and says that he was, on the day of , A. D. 19—, appointed trustee of the estate and the effects of above-named bankrupt, and that as such trustee he has conducted the settlement of the said estate. That the account hereto annexed containing sheets of paper, the first sheet whereof is marked with the letter [reference may here also be made to any prior account filed by said trustee] is true, and such account contains entries of every sum of money received by said trustee on account of the estate and effects of the above-named bank- rupt, and that the pajnnents purporting in such account to have been made by said trustee have been so made by him. And he asks to be Form Book — 16 Forms 689-691 Cowdery's Form Book. 242 allowed for said pajmients and for commissions and expenses as charged in said accounts. , Trustee. Subscribed and sworn to before me at , in said District of , this day of , A. D. 191—. [Official character.] No. 689. Order Allowing Account and Discharging Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. The foregoing account having been presented for allowance, and having been examined and found correct, it is ordered, that the same be allowed, and that the said trustee be discharged of his trust. , Referee in Bankruptcy. No. 690. Petition fox Removal of Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. To the Honorable , Judge of the District Court of the District of : The petition of , one of the creditors of said bankrupt, respect- fully represents that it is for the interest of the estate of said bank- rupt that , heretofore appointed trustee of said bankrupt's estates, should be removed from his trust, for the causes following, to wit: [Here set forth the particular cause or causes for which said removal is requested.] Wherefore prays that notice may be served upon said , trustee as aforesaid, to show cause, at such time as may be fixed by the court, why an order should not be made removing him from said trust. [Signature.] No. 691. Notice of Petition for Removal of Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , on the day of , A. D. 191 — . To , Trustee of the Estate of , Bankrupt: You are hereby notified to appear before this court, at , on the day of , A. D. 19 — , at o'clock — M., to show cause (if any you have) why yon should not be removed from your trust as trustee as aforesaid, according to the prayer of the petition of , one 243 Bankruptcy. Forms 692, 693 of the creditors of said bankrupt, filed in this cause on the day of , A. D. 19 — , in which it is alleged [here insert the allegation of the petition]. , Clerk. No. 692. Order for Removal of Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Whereas , of , did, on the day of , A. D. 19—, present his petition to this court, praying that for the reasons therein set forth, , the trustee of the estate of said , bankrupt, might be removed: Now, therefore, upon reading the said petition of the said , and the evidence submitted therewith, and upon hearing counsel on behalf of said petitioner, and counsel for the trustee, and upon the evidence submitted on behalf of said trustee, It is ordered that the said be removed from the trust as trustee of the estate of said bankrupt, and that the costs of the said petitioner incidental to said petition be paid by said , trustee [or, out of the estate of the said , subject to prior charges]. Witness the Honorable , Judge of the said court, and the seal thereof, at , in said district, on the day of , A. D. 191—. [Seal of the court] , Clerk. No. 693. Order for Choice of New Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , on the day of , A. D. 19 — . Whereas by reason of the removal [or the death or resignation] of , heretofore appointed trustee of the estate of said bankrupt, a vacancy exists in the office of said trustee, It is ordered, that a meeting of the creditors of said bankrupt be held at , in , in said district, on the day of , A. D. 19 — ^ for the choice of a new trustee of said estate. And it is further ordered that notice be given to said creditors of the time, place, and purpose of said meeting, by letter to each, to be de- posited in the mail at least ten days before that day. , Referee in Bankruptcy. Forms 694-696 Cowdery's Form Book. 244 No. 694. List of Claims and Dividends to be Recorded by Referee and by Him Delivered to Trustee. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19 — . A List of Debts Proved and Claimed Under the Bankruptcy of , With Dividend at the Rate of Per Cent This Day De- cl eferee in Bankruptcy. No. Creditors. [To be placed alphabetically, and the names of all the par- ties to the proof to be care- fully set forth.] Sum Proved. Dividend. Dollars. Cents. Dollars. Cents. -, Referee in Bankruptcy. No. 695. Notice of Dividend in Bankruptcy. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , on the day of , A. D. 19 — . To , Creditor of , Bankrupt. I hereby inform you that you may, on application at my office, , on the day of , or on any day thereafter, between the hours of , receive a warrant for the dividend due to you out of the above estate. If you cannot personally attend, the warrant will be delivered to your order on your filling up and signing the subjoined letter. , Trustee. Creditor's Letter to Trustee. To , Trustee in Bankruptcy of the Estate of , Bankrupt : Please deliver to — said estate to me. the warrant for dividend payable out of the , Crediter. District of . No. 696. Order for Examination of Bankrupt. In the District Court of the United States for the — In Bankruptcy. In the Matter of , Bankrupt. At , on the day of , A. D. 19—. Upon the application of , trustee of said bankrupt [or creditor of said bankrupt], it is ordered that said bankrupt attend before , 245 Bankruptcy. Forms 697-699 one of the referees in bankruptcy of this court, at , on the day of , at o'clock in the noon, to submit to examination under the acts of Congress relating to bankruptcy, and that a copy of this order be delivered to him, the said bankrupt, forthwith. , Referee in Bankruptcy. No. 697. Examination of Bankrupt or "Witness. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19 — , before , one of the referees in bankruptcy of said court. , of , in the county of , and state of , being duly sworn and examined at the time and place above mentioned, upon his oath says: [Here insert substance of examination of party.] , Referee in Bankruptcy. No. 698. Summons to Witness in Bankruptcy. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. To : Whereas , of , in the county of , and state of , has been duly adjudged bankrupt, and the proceeding in bankruptcy is pending in the district court of the United States for the district of . These are to require you, to whom this summons is directed, per- sonally to be and appear before , one of the referees in bankruptcy of the said court, at , on the day of , at o'clock in the noon, then and there to be examined in relation to said bank- ruptcy. Witness the Honorable , judge of said court, and the seal thereof, at , this day of , A. D. 19 — . ' , Clerk. No. 699. Proof of Unsecured Debt. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district of , on the day of , A. D. 19 — , came , of , in the county of , in said district of , and made oath, and says that , the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was, at and before the filing of said petition, and still is, justly and truly indebted to said deponent in the sum of dollars ; that the consideration of said debt has been paid (except ) ; that there are no setoffs or counter- claims to the same (except ) ; and that deponent has not, nor has Forms 700, 701 Cowdery's Form Book. 246 any person by his order, or to his knowledge or belief, for his use, had or received any manner of security for said debt whatever. , Creditor. Subscribed and sworn to before me this day of , 19 — . [OfiBcial character.] No. 700. Proof of Secured Debt. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district of , on the day of , A. D. 19 — , came , of , in the county of , in said district of , and made oath, and says that , the person by (or against) whom a peti- tion for adjudication of bankruptcy has been filed, was at and before the filing of said petition, and still is, justly and truly indebted to said deponent, in the sum of dollars; that the consideration of said debt is as follows ; that no part of said debt has been paid (except ) ; tliat there are no setoffs or counterclaims to the same (except ) ; and that the only securities held by this deponent for said debt are the following: -, Creditor. Subscribed and sworn to before me this day of , A. D. [Official character.] No. 701. Proof of Debt Due Corporation. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district of , on the day of , A. D. 19 — , came , of , in the county of , and state of , and made oath, and says that he is of the , a corporation incorporated by and under the laws of the state of , and carrying on business at , in the county of and state of , and that he is duly au- thorized to make this proof, and says that the said , the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was at and before the filing of the said petition, and still is, justly and truly indebted to said corporation in the sum of dollars; that the consideration of said debt is as follows: ; that no part of said debt has been paid (except ) ; that there are no setoffs or counter- claims to the same (except ) ; and that said corporation has not, nor has any person by its order, or to the knowledge or belief of said deponent, for its use, had or received any manner of security for said debt whatever. [Signature of said corporation.] Subscribed and sworn to before me this , day of , A. D. 19 — . [Official character.] 247 Bankruptcy. Forms 702, 703 No. 702. Proof of Debt by Agent or Attorney. fn the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district of , on the day of , A. D. 19 — , came , of , in the county of , and state of , attorney [or authorized agent] of , in the county of , and state of , and made oath, and says that , the person by [or against] whom a petition for adjudication of bankruptcy has been filed, was at and be- fore the filing of said petition, and still is, justly and truly indebted to the said , in the sum of dollars; that the consideration of said debt is as follows: ; that no part of said debt has been paid (except ) ; and that this deponent has not, nor has any person by his order, or to this deponent's knowledge or belief, for his use, had or received any manner of security for said debt whatever. And this deponent further says, that this deposition cannot be made by the claimant in person because ; and that he is duly authorized by his principal to make this affidavit, and that it is within his knowledge that the aforesaid debt was incvirred as and for the consideration above stated, and that such debt, to the best of his knowledge and belief, still remains unpaid and unsatisfied. Subscribed and sworn to before me this day of , A. D. 191 — . [OflBcial character.] No. 703. Proof of Secnred Debt by Agent. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, of , on the day of , A. D. 19 — , came , of , in the county of , and state of , attorney [or authorized agent] of , in the county of , and state of , and made oath, and says that , the person by (or against) whom a petition for adjudication of bankruptcy has been filed, was, at and be- fore the filing of said petition, and still is, justly and truly indebted to the said in the sum of dollars; that the consideration of said debt is as follows: ; that no part of said debt has been paid (except ) ; that there are no setoffs or counterclaims to the same (except ) ; and that the only securities held by said for said debt are the following: ; and this deponent further says that this deposition cannot be made by the claimant in person because ; and that he is duly authorized by his principal to make this deposition; and that it is within his knowledge that tlie aforesaid debt was incurred as and for the consideration above stated. Subscribed and sworn to before me this day of , A. D. 19 — -. [Official character.] Forms 704, 705 Cowdery's Form Book. 248 ITo. 704. Affidavit of Lost Bill or Note. In the District Court of the United States for the In Bankruptcy. In the Matter of , Bankrupt. On this day of , A. D. 19—, at , came District of -,of m the county of and state of , and makes oath and says that tlic bill of exchange [or note], the particulars whereof are underwritten, has been lost under the following circumstances, to wit, ; and that he, this deponent, has not been able to find the same ; and this deponent further says that he has not, nor has the said , or any person or persons to their use, to this deponent's knowledge or belief, negotiated the said bill [or note], nor in any manner parted with or assigned the legal or beneficial interest therein, or any part thereof, and that he, this deponent, is the person now legally and beneficially interested in the same. Date. Drawer or Maker. Acceptor. Sum. Subscribed and sworn to before me this day of , A. D. 19—. [Official character.] No. 705. Order Reducing Clainu In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19^. Upon the evidence submitted to this court upon the claim of against said estate [and, if the fact be so, upon hearing counsel there- on], it is ordered, that the amount of said claim be reduced from the sum of , as set forth in the affidavit in proof of claim filed by said creditor in said case, to the sum of , and that the latter named sum. be entered upon the books of the trustee as the true sum upon which a dividend shall be computed [if with interest, with interest thereon from the day of , A. D. 19—]. , Referee in Banlcruptcy. 249 Bankruptcy. Forms 706-7U8 No. 706. Order Espunging Claim. In the District Court of the United States for the District of , In Bankruptcy. In the Matter of , Bankrupt. At , in said district, on the day of , A. D. 19 — , Upon the evidence submitted to tlie court upon the claim of against said estate [and if the fact be so, upon hearing counsel there- on], it is ordered, that said claim be disallowed and expunged from the list of claims upon the trustee's record in said case. , Referee in Bankruptcy. No. 707. Trustee's Report of Exempted Property. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. At , on the day of , A, D. 19—. The following is a schedule of property designated and set apart to be retained by the bankrupt aforesaid, as his own property, under the provisions of the acts of Congress relating to bankruptcy : General Head. Particular Description. Value. Military uniform, arms, and equipments Dels. Ots. Property exempted by Btate laws Trustee. No. 708. Petition and Order for Sale by Auction of Real Estate. In the District Court of the United States for the Distriet of . In Bankruptcy. In the Matter of , Bankrupt. Respectfully represents , trustee of the estate of said bankrupt, that it would be for the benefit of said estate that a certain portion of the real estate of said bankrupt, to wit: [Here describe it and its esti- mated value] should be sold by auction, in lots or parcels, and upon terms and conditions, as follows : Wherefore he prays that he may be authorized to make sale by auc- tion of said real estate as aforesaid. Dated , 19—. , Trustee. The foregoing petition having been duly filed, and having come on for a hearing before me, of which hearing ten days ' notice was given by mail to creditors of said bankrupt, now, after due hearing, no adverse in- terest being represented thereto [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said Forms 709, 710 Cowdery 's Form Book. 250 trustee be authorized to sell the portion of the bankrupt's real estate specified in the foregoing petition, by auction, keeping an accurate ac- count of each lot or parcel sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19—. , Referee in Bankruptcy. No. 709. Petition and Order for Redemption of Property from Lien. In the District Court of the United States for the District of -. In Bankruptcy. In the Matter of , Bankrupt. Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: [Here describe the estate or property and its estimated value] is subject to a mortgage [describe the mortgage], or to a conditional contract [describing it], or to a lien [describe the origin and nature of the lien], [or, if the property be personal property, has been pledged or deposited and is subject to a lien] for [describe the nature of the lien], and that it would be for the benefit of the estate that said property should be redeemed and discharged from the lien thereon. Wherefore he prays that he may be empowered to pay out of the assets of said estate in his hands the sum of , being the amount of said lien, in order to redeem said property therefrom. Dated this day of , A. D. 19—. , Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to creditors of said banki'upt, now, after due hearing, no adverse interest being represented thereat [or after hearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to pay out of the assets of the bankrupt's estate specified in the foregoing petition the sum of , being the amount of the lien, in order to redeem the property therefrom. Witness my hand this day of , A. D. 19 — . , Referee in Bankruptcy. No. 710. Petition and Order for Sale Subject to Lien. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Respectfully represents , trustee of the estate of said bankrupt, that a certain portion of said bankrupt's estate, to wit: [Here describe the estate or property and its estimated value] is subject to a mortgage [describe mortgage], or to a conditional contract [describe it], or to a lien [describe the origin and nature of the lien], or [if the property be personal property] has been pledged or deposited and is subject to 251 Bankruptcy. Form 711 a lien for [describe the nature of the lien], and that it would be for the benefit of the said estate that said property should be sold, siabject to said mortgage, lien, or other encumbrance. Wherefore he prays that he may be authorized to make sale of said property, subject to the en- cumbrance thereon. Dated this — day of , A. D. 19 — , , Trustee. The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by niail to creditors of said bankrupt, now, after due hearing, no ad- verse interest being represented thereat [or after liearing in favor of said petition and in opposition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, by auction [or, at private sale], keeping an accurate account of the property sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this day of , A. D. 19 — . , Referee in Bankruptcy. No. 711. Petition and Order for Private Sale. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Respectfully represents , duly appointed trustee of the estate of the aforesaid bankrupt: That for the following reasons, to wit: it is desirable and for the best interest of the estate to sell at private sale a certain portion of the said estate, to wit: Wherefore he prays that he may be authorized to sell the said prop- erty at private sale. Dated this day of , A. D. 19—. , Trustee. The foregoing petition having been duly filed and having come on for a rehearing before me, of which hearing ten days' notice was given by mail to creditors of said bankrupt, now, after due hearing, no ad- verse interest being represented thereat [or after hearing in favor of said petition and in opiDosition thereto], it is ordered that the said trustee be authorized to sell the portion of the bankrupt's estate specified in the foregoing petition, at private sale, keeping an accurate account of each article sold and the price received therefor and to whom sold; which said account he shall file at once with the referee. Witness my hand this • day of , A. D. 19 — . I Referee in Bankruptcy. Forms 712, 713 Cowdery's Form Book. 252 No. 712. Petition and Order for Sale of Perishable Property. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. Respectfully represents , the said bankrupt [or, a creditor, or the receiver, or the trustee of the said bankrupt's estate] : That a part of the said estate, to wit : now in , is perishable, and that tliere will be loss if the same is not sold immediately. Wherefore, he prays the Court to order that the same be sold imme- diately as aforesaid. Dated this day of , A. D. 19 — . The foregoing petition having been duly filed and having come on for a hearing before me, of which hearing ten days' notice was given by mail to the creditors of the said bankrupt [or without notice to the creditors], now, after due hearing, no adverse interest being represented thereat, [or after hearing in favor of said petition and in opposition thereto], I find that the facts are as above stated, and that the same is required in the interest of the estate, and it is therefore ordered that the same be sold forthwith and the proceeds thereof deposited in court. Witness my hand this day of , A. D. 19 — . , Referee in Bankruptcy. No. 713. Petition for Meeting to Consider Composition. District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. To the Honorable , Judge of the District Court of the United States for the District of : The above-named bankrupt respectfully represents that a composi- tion of per cent upon all unsecured debts, not entitled to a priority in satisfaction of debts has been proposed by to creditors, as provided by the acts of Congress relating to bankruptcy, and verily believes that the said composition will be accepted by a majority in number and in value of creditors whose claims are allowed. Wherefore, he prays that a meeting of creditors may be duly called to act upon said proposal for a composition, according to the provisions of said acts and the rules of court. — — , Bankrupt, 253 Bankruptcy. Forms 714, 715 No. 714. Application for Goiifinnation of Composition. In the District Court of the United States for the District of ■ In Bankruptcy. In the Matter of , Bankrupt. To the Honorable , Judg'e of the District Court of the United States for the District of : At the , in said district, on the day of , A. D. 19 — , now conies , the above-named bankrupt, and respectfully represents to the court that, after he had been examined in open court [or at a meet- ing of his creditors] and had filed in court a schedule of his property and a list of liis creditors, which terms have been accepted in writing by a majority in number of all creditors whose claims have been allowed, which number represents a majority in amount of such claims ; that the consideration to be paid by the bankrupt to his creditors, the money necessary to pay all debts which liave priority, and the costs of the pro- ceedings, amounting in all to the sum of dollars, has been de- posited, subject to the order of the judge, in the National Bank of , a designated depository of money in bankruptcy cases. Wherefore, the said respectfully asks that the said composition may be confirmed by the court. , Bankrupt. No. 715. Order Confirming Composition. In the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. An application for the confirmation of the composition offered by the bankrupt having been filed in court, and it appearing tliat the com- position has been accepted by a majority in number of creditors whose claims have been allowed and of such allowed claims; and the consid- eration and the money required by law to be deposited, having been deposited as ordered, in such place as was designated by the judge of said court, and subject to his order; and it also appearing that it is for the best interests of the creditors ; and that the bankrupt has not been guilty of any of the acts or failed to perform any of the duties which would be a bar to his discharge, and that the offer and its accept- ance are in good faith and have not been made or procured by any means, promises, or acts contrary to the acts of Congress relating to bankruptcy : It is therefore hereby ordered that the said composition be, and it hereby is, confirmed. Witness the Honorable , judge of said court, and the seal thereof, this day of , A. D. 19—. [Seal of the Court] , Clerk. Forms 716-718 Cowdery's Form Book. 254 No. 716. Order of DistriTjution on Composition. United States of America. In the District Court of the United States for the District ot . In Bankruptcy. In the Matter of , Bankrupt. The composition offered by the above-named bankrupt in this case having been duly confirmed by the judge of said court, it is hereby ordered and decreed that the distribution of the deposit shall be made by the clerk of the court as follows, to wit: First, to pay the several claims which have priority; second, to pay the costs of proceedings; third, to pay, according to the terms of the composition, the several claims of general creditors which have been allowed, and appear upon a list of allowed claims, on the files in this case, which list is made a part of this order. Witness the Honorable , judge of said coui't, and the seal thereof, this day of , A. D. 19—. [Seal of the Court] , Clerk. No. 717. Bankrupt's Petition for Discharge. In Bankruptcy. In the Matter of , Bankrupt. To the Honorable , Judge of the District Court of the United States for the District of . — — > of J in the county of , and state of , in said district, respectfully represents that on the day of , last past, he was duly adjudged bankrupt under the acts of Congress relating to bank- ruptcy; that he has duly surrendered all his property and rights of property, and has fully complied Avith all the requirements of said acts and of the orders of the court touching his bankruptcy. Wherefore he prays that he may be decreed by the court to have a full discharge from all debts provable against his estate under said bankrupt acts, except such debts as are excepted by law from such discharge. Dated this day of , A. D. 19—. , Bankinipt. No. 718. Specification of Grounds of Opposition to Bankrupt's Discharge. Xn the District Court of the United States for the District of . In Bankruptcy. In the Matter of , Bankrupt. of , in the county of , and state of , a party inter- ested in the estate of said , bankrupt, do hereby oppose the grant- ing to him of a discharge from his debts, and for the gi'ounds of such opposition do .file the following specifications: [Here specify the grounds of opposition.] , Creditor. 255 Bench Warrant — Bills. Forms 719-730 No. 719. Discharge of Bankrupt. District Court of the United States, District of . Whereas, of in said district, has been duly adjudged a bank- rupt, under the acts of Congress relating to bankruptcy, and appears to have conformed to all the requirements of law in that behalf; it is tliere- fore ordered by this court that said be discharged from all debts and claims which are made provable by said acts against his estate, and which existed on the day of , A. D. 19—, on which day the petition for adjudication was filed him; excepting such debts as are by law excepted from the operation of a discharge in bankruptcy. Witness the Honorable , judge of said district court, and the seal thereof this day of , A. D. 19 — . , Clerk. BENCH WARRANT. See Warrant. Bench Warrant on Indictment or Information, No. 3850. BEQUEST. See Wills, Bequest of an Annuity to a Wife During Widowhood, No. 3915. Bequest of Jewels, Furniture, etc., to tlie Wife of the Testator, No. 3913. Bequest of One Dollar to an Imprudent Son, No. 3907. Bequest of the Eesidue of the Testator's Estate, No. 3917. BILLS. See Pledge; Promissory Note; Protest. 730. Bill of exchange. 731. A set of bills of exchange. 732. Bank check. 733. Draft. 734. Complaint by payee against drawer of bill of exchange. 735. Complaint by acceptor, without funds, against drawer. No. 730. BiU of Exchange. $10,000. San Francisco, July 10, 1916. On ten days sight, pay to the order of J. B. & Co., ten thousand dollars, and charge the same to account of A. L. B. & CO. To Messrs. S. & Co., New York. Forms 731-734 Cowdery's Form Book. 256 ITo. 731. A Set of Bills of Exchange. W. F. & Co., Banking Office. A. Ex. for $10,000. San Francisco, Cal., July 10, 1916. At sight of this first of exchange [second and third unpaid], pay to the order of A. L. B. & Co., ten thousand dollars. Value received, and charge the same to account of W. F. & CO. To Messrs. S. & Co., Bankers, New York. W. F. & Co., Banking Office. B. Ex. for $10,000. San Francisco, Cal., July 10, 1916. At sight of this second of exchange [first and third unpaid], pay to the order of A. L. B. & Co., ten thousand dollars. Value received, and charge the same to account of W. F. & CO. To Messrs. S. & Co., Bankers, New York. W. F. & Co., Banking Office. C. Ex. for $10,000. San Francisco, Cal., July 10, 1916. At sight of this third of exchange [first and second unpaid], pay to the order of A. L. B. & Co., ten thousand dollars. Value received, and charge the same to account of W. F. & CO. To Messrs. S. & Co., Bankers, New York. No. 732. Bank Check. San Francisco, May 8, 1917. W. F. & Co., pay to J. B., or order, five thousand dollars ($5,000). A. L. No. 733. Draft. Dated May 30, 1917. Drawn by F., P. & Co. Drawn upon W. S. Order of A. L. B. & Co. Time thirty days. Due June 29, 1917. Amount $1,000. No. 174. $1,000. San Francisco, May 30, 1917. Thirty (30) days after date pay to the order of A. L. B. & Co., in United States gold coin, one thousand (1,000) dollars. Value received and charge the same to account of F., P. & Co. To W. S. No. 174. No. 734. Complaint by Payee Against Drawer of Bill of Exchange. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the sixth day of March, 1917, at M., the defendant made and delivered to the plaintiff his certain bill of exchange of that date, of which the following is a copy: [Copy the bill,] 2. That on the sixth day of May, 1917, the same was duly presented to the said A. B, for acceptance, but was not accepted, and was there- upon duly protested for nouacceptance. 257 Bills of Sale. Forms 735-746 3. That due notice thereof was given to the defendant. 4. That he has not paid the same. 5. That the value of a similar bill of exchange at the time of said protest, in M., that being the place where said bill was negotiated, and wliere such bills were currently sold, was $1,000. Wherefore, the plaintiff demands judgment against the defendant for the sum of $1,000 (the amount named in the bill) and $200 damages, and interest on the said sums from the sixth day of May, 1906 [date of protest], and costs of suit. No. 735. Compiaint by Acceptor, Without Funds, Against Drawer. [Title of Court and Cause.] The plaintiff complains and alleges : 1. That on the fourteenth day of March, 1917, at M., the defendant became indebted to him for money advanced bj^ him, and paid bj'^ him, upon a certain draft drawn by the defendant, bearing date on the four- teenth day of February, 1917, whereby the defendant requested the plaintiff, thirty days after date, to pay to one A. B., the sum of $500. 2. That on the fourteenth day of March, 1917, at M., the plaintiff accepted said draft, and paid it [or, 2. That the plaintiff accepted said draft, and paid the same at maturity]. 3. That at the time of the acceptance and payment of said draft, the plaintiff was without funds of the defendant in his hands to meet the same. 4. That the defendant has not paid the same, nor any part thereof. BILLS OF SALE. 746. BlU of sale. 747. Bill of sale— Simple form. 748. Bill of sale — Another form. 749. Bill of sale, with warranty of title. 750. Bill of sale of ship or steamboat. 751. Bill of sale and power of attorney to transfer stock. No. 746. BiU of Sale. Know all men by these presents: That I, J. B., the party of the first part, for and in consideration of the sum of five hundred dollars, gold coin of the United States of America, to me in hand paid by S. T., the party of the second part, the receipt whereof is hereby aeknovrledged, do by these presents, sell unto the said party of the second part, his executors, administrators and assigns, the undivided one-half of one hundred acres of barley, now growing on my ranch near the said town of Monterey, in said county of Monterey; also one roan horse, about sixteen hands high, having a white spot on the face and one white foot, and the letter "B" branded on the left shoulder; also, eight hundred sheep now in my possession, on my place aforesaid, marked one slit in right ear and crop off the left ear. Dated . [Signature.] Form Book — 17 Forms 747-750 Cowdery's Form Book. 258 No. 747. Bill of Sale— Simple Form. In consideration of two hundred and fifty dollars, to me in hand paid by B. B., I do hereby sell and deliver to him my broncho horse, H. W. B., branded T. T. on the left hip. Dated . ' [Signature.] No. 748. Bill of Sale— Another Fonn. [Date.] Received of J. P., one thousand dollars, gold coin of the United States, in payment of five thousand fruit trees I have sold and delivered to him, this fourth day of May, 1917. [Signature.] No. 749. BiU of Sale, With Warranty of Title. Be it known that I, , of , county of , state of , the party of the first part, for and in consideration of the sum of dollars ($ ), current lawful money of the United States of America, to me in hand paid by , of the same place, the party of the second part, the receipt whereof is hereby acknowledged, do by these presents grant, bargain, sell, and convey unto the said party of the second part, his executors, administrators, and assigns, certain personal prop- erty, described as follows, to wit: To have and to hold the same to the said party of the second part, his executors, administrators, and assigns forever. And I do for myself, my heirs, executors, and administrators, covenant and agree to and with the said party of the second part, his executors, administrators, and assigns, to warrant and defend the sale of the said property, goods, and chattels hereby made unto the said party of the second part, his executors, administrators, and assigns, against all and every person and persons whomsoever lawfully claiming or to claim the same. In witness whereof I have hereunto set my hand the day of , 19 — . [Signature.] Executed in presence of . No. 750. Bill of Sale of Ship or Steamboat. Be it known that , in consideration of dollars ($ ), to him paid by , does hereby bargain and sell to said , his repre- sentatives and assigns, the body of the ship called the , with her apparel, tackle, and furniture, now lying at the port of , the certificate of whose enrollment is as follows, namely: ; and the said does avow himself to be the lawful owner of the same, and does hereby warrant the title thereto. Witness my hand this day of , 19 — . [Signature.] Executed in presence of . 259 Blue Sky Law. Form 751 ITo. 751. Bill of Sale and Power of Attorney to Trj^nnfer Stock. Know all men by these presents: That I, A. B., for value received, have bargained, sold, and assigned, and by these presents do bargain, sell, and assign unto L. M. the following described stock, to wit: [de- scribe the kind of stock] unto me belonging, and evidenced by certifi- cate No. 888, in my name, and hereunto annexed, and do hereby constitute and appoint N. M., the secretary of said company, my true and lawful attorney, irrevocably, for me and in my name and stead, to assign and transfer the said stock unto the said L. M., and, for that purpose, to make and execute the neeessaiy acts of assignment and transfer, and an attorney, or attorneys, under him for that purpose, to make, and substitute, and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming the same. In witness whereof [etc.]. [Signature.] BLUE SKY LAW. 752. Petition for leave to issue securities. 753. Broker's application — Individual. 754. Broker's application — California corporation. 755. Broker's agent's application. 756. Certificate of corporate authority. 767. Appointment of commissioner of corporations as attorney In fact upon wliom process against foreign corporations may be served. INTRODUCTORY NOTE. Companies making application for authority to sell securitie.s should follow the procedure indicated in section 3 of the corporate securities act: "§ 3. No company shall sell, except upon a sale for a delinquent assessment made in accordance with the provisions of article II of Chapter II of Title I of Part IV of Division First of the Civil Code; or offer for sale, negotiate for the sale of, or take subscrip- tions for any security of its own issue until it shall have first ap- plied for and secured from the commissioner a permit authorizing it so to do. Such application shall be in writing, shall be verified as provided in the Code of Civil Procedure for the verification of pleadings, and shall be filed in the office of the commissioner. In such application the applicant shall set forth the names and addresses of its officers, the location of its office, an itemized ac- count of its financial condition, the amount and character of its assets and liabilities, a detailed statement of the plan upon which it proposes to transact business, a copy of any security it proposes to issue, a copy of any contract it proposes to make concerning the same, a copy of any prospectus or advertisement, or other de- scription of such securities, then prepared by or for it for dis- Cowdery's Form Book, 260 tribution or publication, and sncli additional information con- cerning the company, its condition and aifairs as the commissioner may require. If the applicant is a partnership or an unincor- porated association or joint stock company, it shall file with its application a copy of its articles of partnership or association, and all other papers pertaining to its organization. If the applicant is a trustee, it shall file with its^ application a copy of all instru- ments by which the trust is created and in which it is accepted, acknowledged, or declared. If the applicant is a corporation, it shall file with its application a copy of all minutes of any proceed- ings of its directors or stockholders or members relating to or affecting the issue of such securities, and also a copy of its articles of incorporation and of its by-laws and of any amendments thereto. If the applicant is a corporation or association organized under the laws of any other state, territory, or government, it shall also file with its application a certificate, executed by the proper officer of such state, territory, or government not more than thirty days before the filing of such application, showing that such applicant is authorized to transact business in such state, territory, or gov- ernment; and also, in such form as the commissioner may pre- scribe, its written instrument, irrevocably appointing the commis- sioner and his successor in office its true and lawful attorney upon whom all process in any action or proceeding against it may be served, with the same effect as if said corporation or association were organized or created under the laws of this state and had been lawfully served with process therein." Among matters that should be recited in or accompany the ap- plication are: 1. Tlie secui-ities that have been previously issued and the con- sideration received for each issue. 2. The amount and kind of securities proposed to be issued, and the price, par value or otherwise, at which it is desired to sell the same. 3. The brokerage or commissions paid on previous sales and proposed to be paid on future sales, and the facts showing the necessity for such payments on future sales. 4. A condensed statement of the liabilities and assets, and full trial balance sheet of same date. 5. The amount of money actually required for the development of enterprise, as far as it can be anticipated, segregated into the several necessaiy items of expenditure. 6. A general statement of the nature and plans of applicant's business. 261 Blue Sky Law. Form 752 7. Names and addresses of officers and directors, showing the investment of each in the company, and statement of business experience of those who will be actively in charge. 8. Where patents for inventions are involved, submit a copy of the file wrapper of the proceedings in the patent office, as far aa they have proceeded, with references to all similar patents. 9. Mining applications should be accompanied by copies of all instruments from location notices showing chain of title \vith an- nual proofs of labor. The application and all accompanying data must be properly verified under oath. No. 752. Petition for Leave to Issue Securities. To the Honorable Commissioner of Corporations of the State of Cali- fornia.: The application of respectfully shows: 1. That applicant is a corporation incorporated under the laws of the state of California, on the day of , 19 — ; that its principal place of business is in the county of , state of California. 2. That the authorized capital stock of applicant is dollars, divided into shares of the par value of dollars each; that none of the stock of this corporation has been issued, except one share to each of the original incorporators to qualify them as direetoi's. 3. That applicant proposes to sell its entire capital stock at par. 4. Tliat no previous sales of stock have been made, and no brokeraore has been paid, and that applicant does not intend to pay any brokerage upon the sale of said stock. 5. That applicant has not yet commenced business and does not pro- pose to take over any existing business, and has no assets, except its unissued capital stock, and no liabilities except its issued capital stock. 6. That the amount of money actually required for the development of the enterprise will be the sum of dollars, which applicant pro- poses to use as working capital in the purchase and sale of stocks, bonds and otlicr securities, and the payment of expenses of operation. 7. That a general statement of the plans and nature of applicant's business is as follows: Applicant proposes to buy, sell and act as broker in the purchase and sale of stocks, bonds and otlier corporate securities. 8. That the officers and directors of applicant are as follows : , President. , Vice-president. , Secretary and Treasurer. , Director. • , Dii'ector. Form 753 Cowdery's Form Book. 262 Wherefore applicant respectfully requests that a permit be issued, authorizing it to sell and dispose of shares of its capital stock from time to time, upon the terms hereinabove set forth. By , President. State of California, County of , ss. , being first duly sworn, deposes and says : That he is the president of the , the applicant named in the foregoing application; that he has read the same and knows the contents thereof, and that the same is true of his own knowledge. Subscribed and sworn to before me this day of , 19 — . Notary Public in and for the County of , State of California. No. 753. Broker's Application — IndividuaL In the State Corporation Department of the State of California. In the Matter of the Application of for a Certificate Authorizing Him to Act as a Broker. To , Commissioner of Corporations, Sacramento, California: I, , pursuant to the provisions of the corporate securities act, make and file this my application for a certificate authorizing me to act as a broker, and respectfully set forth and allege : 1. That my address, at which mail so addressed to me will be promptly delivered to me or to a responsible agent for me, is . 2. That my business reputation is good, as is more fully shown by the statement of facts concerning myself, attached hereto, marked Exliibit "A," and made a part of this application. [In said statement set forth briefly your business biography, with a brief list of the prin- cipal stock or bond issues, if any, heretofore bought or sold by or through you.] 3. That the general plan and character of the business now being carried on by me, and to be carried on by me during the life of the certificate for which application is herein made, are fully and accurately set forth in a statement thereof, hereto attached, marked Exhibit "B," and made a part of this application. [This statement should include a brief description of the general nature and character of your business, and, as far as it can be anticipated, the character of securities in which you will probably deal during the period of the license applied for. Although a statement showing your financial responsibility is not essen- tial, it will add materially to the value of the statement.] 4. That below are set forth the names, businesses and full addresses of five reputable and responsible men, to each of whom my business reputation is well known, and to whom you may refer for information concerning it: 2G3 Blue Sky Law. Form 753 Name. P. 0. Address (Give city and street address). Business. 5. Tliat below are set forth the names and addi-esses of all persons who are now, or who, as far as it is now known to me, will be, during the life of the certificate herein applied for, employed by me, either upon a salary or for a commission or other compensation, as salesmen in California, of securities dealt in by me: Name. Address. 6. That no judicial action or proceeding- has been begun or prosecuted against me, wherein I was charged with the commission of a public offense, or in which it was alleged that I had committed an act constitut- ing either actual or constructive fraud. [If any such action or proceed- ing has been begun or prosecuted, state, on a separate sheet attached hereto, marked Exhibit "C," the name and location of the court in which it was brought, its approximate date, the names of the parties to it, the nature of the charge or allegation, and the ultimate disposition of the proceeding or the final determination of the court.] 7. I tender with this application, five dollars, the fee prescribed by law for filing the same. Wherefore, I request that this application may be filed, and that a certificate be issued authorizing me to act as a broker within the state of California for the period ending the thirty-first day of December next after the filing of this application. State of California, County of , ss. , being first duly sworn, deposes and says : That he is the person making the foregoing application; that he has read the same, includ- ing ail exhibits attached thereto or filed therewith, and knows the contents thereof, and that the statements made therein are true of his own knowledge. day of , 19- -, State of California. Subscribed and sworn to before me this — [Notarial Seal] Notary Public in and for the County of - My Commission expires . EXHIBIT "A." [NOTE. — If desired, statement referred to in paragraph 2 may he inserted as Exhibit "A."] Form 754 Cowdery's Form Book. 26i No. 754, Broker's Application— California Corporation. In the State Corporation Department of the State of California. In the Matter of the Application of for a Certificate Authorizing it to Act as a Broker. To H. L. Carnahan, Coniniissioner of Corporations, Sacramento, Cali- fornia : , pursuant to the provisions of the corporate securities act, makes and files this its application for a certificate authorizing it to act as a broker, and respectfully sets forth and alleges: 1. That it is a corporation organized and existing under and by virtue of the laws of the state of California; that neither its cliarter nor its right to do business in said state is now forfeited or suspended; and that its full and true name is correctly above set forth in the title of this application. 2. That its address, at which mail so addressed to it will be promptly delivered to a responsible officer, is . 3. That the full name and address of each of its managing officers and agents are: President: Vice-president : Secretary: Manager: Directors: 4. That the business reputation of said applicant and of each of its managing officers and agents is good, as is more fully shown by tlie statement of facts concerning said applicant and each of said officers and agents, attached hereto, marked Exhibit "A," and made a part of this application. [In said statement set forth briefly a history of the corporation, with a brief list of the principal stock or bond issues, if any, lieretofore bought or sold by or through it, together with a brief business biography of each of such officers and agents.] 5. That the general plan and character of the business now being carried on by said applicant, and to be carried on by it during the life of the certificate for which application is herein made, are fully and accurately set forth in a statement thereof, hereto attached, marked Exhibit "B," and made a part of this application. [This statement should include a brief description of the general nature and cliaracter of the applicant's business, and, as far as it can be anticipated, the character of securities in which the applicant will probably deal during the period of the license applied for. Although a statement showing the coi7:)oration's financial responsibility is not essential, it will add mate- rially to the value of the statement.] 6. That below are set forth the names, businesses, and full addresses of five reputable and responsible men, to each of whom the business reputation of said applicant and of each of its managing officers and agents is well known, and to whom you may refer for information concerning it: 265 Blue Sky Law. Form 754 Name. P. 0. Address (Give city and street address). Business. 7. That below are set forth the names and addresses of all persons who are now, and of those also who, as far as it is now known, will be, during the life of the certificate herein applied for, employed by said applicant, either upon a salary or for a commission or other compensa- tion, as salesmen in California of securities dealt in by it: Name. Address. 8. That no judicial action or proceeding has been begun or prosecuted ag-ainst said applicant or any of its officers or managing agents above named, wherein said applicant or any of said officers or agents was charged with the commission of a public offense, or in which it was alleged that said applicant or any of said officers had committed an act constituting either actual or constructive fraud. [If any such action or proceeding has been begun or prosecuted, state, on a separate sheet attached hereto, marked Exhibit "C," the name and location of the court in wliich it was brought, its approximate date, the names of the parties to it, the nature of the charge or allegation, and the ultimate disposition of the proceeding or the final determination of the court.] 9. That applicant tenders with this application, five dollars, the fee prescribed by law for filing the same. Wherefore, your petitioner prays that this application may be filed, and that a certificate be issued by said commissioner authorizing your petitioner to act as a broker within the state of California for the period ending the 31st day of December next after the filing of this application. [Corporate Seal] State of California, County of , ss. , being first duly sworn, deposes and says: That he is an officer By . [Name of Officer.] of the corporation making the foregoing application, to wit, the thereof, and that he makes this verification for it and in its behalf; that he has read the foregoing application, including all exhibits at- tached thereto or filed therewith, and knows the contents thereof, and tliat the statements made therein are true of his own knowledge, except Form 755 Cowdery's Form Book. 266 as to the matters alleged in paragraph numbered 8 above, and as to such matters, that he believes them to be true. Subscribed and sworn to before me this - [Notarial Seal] Notary Public in and for the County of My commission expires . day of , 19- -, State of California. No. 755. Broker's Agent's Application. Before the Commissioner of Corporations of the State of California. In the Matter of the Application of for a Certificate Authorizing Him to Represent . To the Commissioner of Corporations: I, , hereby make and file this my application for a certificate authorizing me to represent , a broker, as its agent within the state of California until the day of , 19—, and in support of this application I make the following statement of facts: 1st. My residence is [street and number], in the city of , county of , state of . 2d. My postoffice address is , [street and number], in the city of , county of , state of Calif onaia. 3d. The following is a full statement of the names of all persons, firms or corporations by whom I have been employed during the five years last past, the period of each employment, my residence during each employment, and the nature of each employment: Name of Employer. Period of Employment. Residence. Nature of Employment. From To 4th. The following is a complete list of all corporate securities sold or othervsdse disposed of by or through me during the five years last past: Name of Corporation Issuing Security. Character of Security, as Stock, Bonds, etc. Period During Which Securities Were Sold. Place Where Such Securities Were Sold. 5th. I refer you to the following men, who know my business repu- tation in the communities where they respectively reside and the char- 267 Blue Sky Law. Form 756 acter of any securities sold or otherwise disposed of by me in their respective localities: [NOTE. — Name not less than one man in each locality where you have resided or sold securities during last five years, and not less than five men in all.] Name. P. 0. Address. Business. Dated -, 19—. [Applicant], State of California, County of , ss. [name of applicant], being first duly sworn, deposes and says that he is the applicant named in the foregoing application, that he has read and signed said application and knows the contents thereof, and that the statements therein made are true. [Applicant signs here]. Subscribed and sworn to before me this day of , 19 — . > — , State of . Notary Public in and for the County of My commission expires . To H. L. Carnahan, Commissioner of Corporations: [name] , a broker, hereby requests that the foregoing application be granted. Dated — -, 19—. [Corporate Seal, if any.] [Name of broker]. No. 756. Certificate of Corporate Authority. In the State Corporation Department of the State of California. State of , ss. I [name and title of officer], of the state of , do hereby certify that I am, by the laws of said state, the custodian of the records of said state relating to the forfeiture or suspension of eo^iorate char- ters, or the right of corporations to transact business in said state, and am the proper officer to execute this certificate. I further certify that is a con>oration duly organized and exist- ing under and by virtue of the laws of said state of and that said corporation is at the date of this certificate duly authorized to exercise therein all of the powers recited in its charter or articles of incoi-pora- tion, and to transact business in said state. In witness whereof, I have hereunto set my hand and affixed my offi- cial seal at in said state of this day of 19 — . [Official seal] [Title of officer]. Form 757 Cowdery's Form Book. 268 No. 757. Appointment of Commissioner of Corporations as Attorney in Fact upon Whom Process Against Foreign Corporations may be Served. Know all men by these presents : That pursuant to the corporate securities act of the state of California , a corporation organized and existing under and by virtue of the laws of the state of , carry- ing on business in the state of California, with offices at in the city of , county of , state of California, and having aj^plied or being about to apply to the commissioner of corporations of said state of California for a permit authorizing it to sell securities of its own issue in said state of California, has irrevocably constituted and appointed and by these presents does irrevocably constitute and appoint H. L. Carnahan, as such commissioner of corporations of the state of California, and his successor or successors in said office, its true and lawful attorney upon whom all process in any action or proceeding against it may be served with the same effect as if said corporation were organized or created under the laws of the state of California and had been lawfully served with process therein. Said corporation has further designated, and by these presents does designate, the following named person, to wit: , whose address is [street and number], [town or city], [state], as the person to whom a copy of eveiy process served upon said commissioner of cor- porations in any action or proceeding against said company shall be forwarded by mail, in accordance with the provisions of said act. In witness whereof the said corporation, by a resolution of its board of directors, duly and regularly passed and adopted, has caused its cor- porate name to be hereunto subscribed and its corporate seal affixed by its president, and , secretary, this day of , A. D. 19—. [Corporate seal] [Name of corporation]. By , President. By , Secretary. State of , County of , ss. On tliis day of in the year 19 — , before me , a notary public in and for the county of , state of , personally appeared , known to me to be the president, and , known to me to be the secretary of the , the corporation that executed the within instrument, and acknowledged to me that such corporation exe- cuted the same. Notary Public in and for the County of , State of . My commission expires . State of , County of , ss. , being first duly sworn, deposes and says: 1st. That he is secretary' of , the corporation that executed the foregoing power of attorney. 269 Blue Sky Law. Form 757 2d. That at a meeting of the board of directors of said corporation, duly and regularly called and held on the day of 19 — , in accordance with the orders or resolutions of said board, the by-laws of said coi-poration, and the laws of said state, of wliich meeting notice was duly and regularly given and at which said meeting a quorum was present and acting, the following preamble and resolutions were duly and regularly adopted by the affirmative vote of directors, voting in favor thereof, to wit: "Whereas, this corporation has applied or is about to apply to the commissioner of coiporations of the state of California for a permit authorizing it to sell certain securities of its own issue in the state of California; now, therefore, "Be it resolved, that pursuant to the provisions of the corporate securities act of the state of California, H. L. Carnahan, as commissioner of corporations of the state of California, and his successor or successors in said office, be, and he is hereby appointed the true and lawful attor- ney of this corporation upon whom all process in any action or proceed- ing against it may be served with the same effect as if this corporation were organized or created under the laws of the state of California and had been lawfully served with process therein, and that service upon such attorney shall be deemed to be personal service upon this corporation. "Be it further resolved, that , whose address is [street and number], [city], [state], be and he is designated as the per- son to whom a copy of every process served upon said commissioner of corporations in any action or proceeding brought or pending against this corporation in the said state of California shall be forwarded by mail, in accordance with the provisions of said coi7)orate securities act of said state of California. "Be it further resolved, that the president and secretary of this corporation be and they are authorized and directed to execute and acknowledge, as the act and deed of this corporation and in its coi-jio- rate name, a power of attorney in writing in substantially the following form, to w4t: [Here is inserted, in the resolution herein quoted, a true copy of the executed power of attorney to which this affidavit is attached.] "Be it further resolved, that when said power of attorney shall have been so executed and acknowledged, said secretary be and he is further authorized and directed to file the same in the office of the said commissioner of corporations." 3d. That said resolutions as herein above quoted and recited have been duly and regularly copied and entered at length in the minutes of said meeting of said board of directors. 4th. That the power of attorney to which this affidavit is annexed was executed by the president and secretary of said corpora- Cowdery's Foem Book. 270 tion and its corporate seal afiixed thereto, pursuant to and in accordance with said resolution. [Signature of affiant]. Subscribed and sworn to before me this day of 19 — . J Notary Public in and for the County of , State of My commission expires , BONDS AND UNDERTAKINGS. 762. Bond — Common form. 763. Bond with option to mature in case of default. 764. Bond conditioned if interest not paid within a certain time whole sum due. 765. Bond for payment of money. 766. Bond for deed. 767. Bond for deed of mining property. 768. Official bond. 769. Official bond — Corporate security. 770. Bond of indemnity for loss of original bill of lading. 771. Fidelity bond— Clerk. 772. Fidelity bond. 773. Notary's bond. 774. Bond of treasurer or trustee. 775. Bottomry bond. 776. Legatee's bond. 777. Sheriff's indemnity bond on attachment. 778. Sheriff's indemnity bond on execution. 779. Bond from several persons for several simis, 780. Bond for performance of covenants. 781. Bond for performance — To be indorsed on contract. 782. Bond of indemnity to surety. 783. Bond of indemnity to surety — Another form. 784. Bond to replace stock loaned. 785. Bond to save harmless from paying rent where title Is In question. 786. Bond to indemnify indorser of promissory note. 787. Bond of indemnity to surety on appeal bond. 788. Bond that person will convey land on reaching age of majority. 789. Bond to indemnify person against damage from carrying on business in his name. 790. Bond to third person, on wife's behalf, by husband, that he will not interfere with business of wife, who lives separate and apart from him. 791. Bond of master of ship to deliver up ship to owners on demand. 792. Bond to convey estate at future time free from encumbrances and that obligee in meantime shall receive profits. 793. Bond with warrant of attorney to confess judgment. 794. Bond to keep person during life. 795. Contractor's bond — Public works of United States. 796. Material and labor bond on public work. 797. Common-law completion bond — Public work. 798. Bond of Indemnity — Lost stock. 799. Plumber's bond — San Francisco. 800. Indemnity bond en claim and delivery. 801. Bat! bond — United States commissioner. 271 Bonds and Undertakings. 802. Bond of counter-indemnity. {503. Real estate broker's bond. 804. Blasting bond. 805. Bond for lost instrument. 806. Reciprocal demurrage bond. 807. Common carrier's general indemnity "bond. 808. Notice by surety to his guarantors to defend action on a bond signed by surety and guarantor. 809. Complaint by surety against principal. 810. Oflacial bond of county treasurer. 811. Justification of sureties on state or county bonds. 812. Condition of county treasurer's bond — Colorado. 813. Condition of sheriff's bond — Colorado. 814. Condition of county clerk's bond — Kansas. 815. Oflacial undertaking of constable — Oregon. 816. Official undertaking of justice of the peace— Oregon. 817. Sheriff's official undertaking— Oregon. 818. County treasurer's official imdertaking— Oregon, 819. Condition of official bond — Wyoming. 820. Bond of justice of the peace — Washington. 821. Official bond of city and county officers of Honolulu. 822. Bond of public officer — Hawaii. 823. Justification of sureties on official bond — Hawaii, CROSS-REFERENCES. See Undertakings. Bond for Attachment — Arizona, No. 572, Bond for Attachment— New Mexico, No. 573. Bond for Attachment— Justice's Court— New Mexico, No. 574. Bond for Costs by Nonresident — Colorado, No. 1360. Bond for Costs'— Justice's Court— Oklahoma, No. 1363. Bond for Costs on Appeal, No. 358. Bond for Eelease of Attached Property, No. 593. Bond for Stay of Execution — Washington, No. 1677. "Bail" for Stay of Execution — Wyoming, No. 1676. Bond in Garnishment, No. 602. Bond of Administrator, No. 1757. Bond of Administrator on Sale of Real Estate, No. 3087. Bond of Agent for Absent Distributees, No. 292. Bond of Guardian on Qualifying, No. 2008. Bond of Guardian on Sale of Real Estate, No. 2020. Bond of Petitioning Creditor, No. 638. Bond of Trustee, No. 684. Bond of Referee, No. 675. Bond of Special Administrator, No. 1746. Bond on Appeal from Money Judgment, No. 355. Bond on Appeal from Judgment Directing Delivery of Documents or Per- sonal Property, No. 356. . ^ , ^^ . -nt o;r- Bond on Appeal from Judgment for the Recovery of Real Property, No. o5/. Bond on Arbitration, No. 410. Bond on Injunction, No. 2142. Bond on Eelease of Attachment— Colorado, No. 595. Bond on Eelease of Attachment— Justice's Court— Nevada, No. 598. Bond to Administrator and Interested Person upon Sale of Contract for Purchase of Lands, No. 3088. Bond to Marshal, No. 639. Bond to Prevent Levy of Attachment — Nevada, No. 584. Forms 762, 763 Cowdery's Form Book. 272 No. 762. Bond — Common Form. Be it known that we, , of the county of , state of principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said , his executors, administrators, or assigns; for which payment, avcII and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 191 — . The condition of the above obligation is such that if the above-bounden , his heirs, executors, or administrators, shall well and truly pay, or cause to be paid, in current lawful money of the United States of America, unto the said , his executors, administrators, or assigns, the just and full sum of dollars ($ ) in current Inwful money of the United States of America, in months from the date hereof, with interest thereon at the rate of per cent per month, then the above obligation to be void; otherwise, to remain in full force and virtue. Signed and delivered in the presence of . [Signatures.] No. 763. Bond With Option to Mature in Case of Default. Know all men by these presents: That J. D. and R. R. of Nipoma, county of San Luis Obispo, state of California, are held and fiirily bound unto C. W. D., of the same place, in the sum of one thousand five hundred dollars, gold coin of the United States of America, to be paid to the said C. W. D., his executors, administrators, or assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, and firmly by these presents. Sealed with our seals and dated the twentieth day of January, 1916. The condition of the above obligation is such that if the above-bounden J. D. and R. R., or either of them, their or either of their heirs, execu- tors or administrators, shall vrell and truly pay, or cause to be paid, in gold coin of the United States, unto the said C. W. D., his executors, administrators, or assigns, the sum of five hundred and fifty f,550) dollars, on or before the seventh day of March, 1916, together with interest thereon at the rate of one and one-fourth (li/i) per cent per month, payable monthly, on the seventh day of each and every month — • then the above obligation to be void; otherwise, to remain in full force and virtue. And it is hereby expressly agreed, that shonld any default be made in the payment of said interest, or of any part thereof, on any day whereon the same is made payable as above expressed, and should the same remain unpaid and in arrears for the space of ten (10) days, then and from thenceforth — that is to say, after lapse of the 273 Bonds and Undertakings. Form 764 said ten (10) days — the said principal sum of five hundred and fifty dollars, gold coin of the United States, with all arrearages of interest thereon, shall, at the option of the said D., his executors, administrators, or assigns, become and be due and payable immediately thereafter, altliough the period first above limited for the payment thereof may not then have expired, anything hereinbefore contained to the contrary thereof in anywise notwithstanding. In witness whereof [etc.]. [Signatvare.] No. 764. Bond Conditioned if Interest not Paid Within a Certain Time Whole Sum Due, Know all men by these presents: That I, A. B., of the city of A., in the county of B., and state of C, am held and firmly bound unto A. P., of the same place, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said A. P., his executors, adminis- trators, or assigns, for which payment well and truly to be made, I bind myself, my heirs, executors and administrators, and every of them, firmly by these presents. Scaled with my seal. Dated the second day of May, 1916. The condition of the above obligation is such that if the above-bounden A. B., or his heirs, executors and administrators, shall well and truly pay, or cause to be paid, unto the above-named A. P., his executors, administrators or assigns, the just and full sum of one thousand dollars, on the second day of January, wliich will be in the j'ear one thousand nine hundred and seventeen, and the interest thereon, to be computed from the date hereof, at and after the rate of twelve per cent per annum, and to be paid yearly — then the above obligation to be voidj else to remain in full force and virtue. And it is hereby expressly agreed, that should any default be made in the payment of the said interest, or of any part thereof, on any day whereon the same is made payable, as above expressed, and should the same remain unpaid and in arrear for the space of thirty days, then and from thenceforth — that is to say, after the lapse of the said thirty days — the aforesaid principal sum of one thousand dollars, together with all arrearage of interest thereon, shall, at the option of tlie said A. P., his executors, administrators, and assigns, become and be due and payable immediately thereafter, although the period above limited for the payment thereof may not then have expired, anything herein- before contained to the contrary thereof, notwithstanding. In witness whereof [etc.]. [Signature.] Form Book — 18 Forms 765-767 Cowdeby's Form Book. 274 No. 765. Bond for Payment of Money. Know all men by these presents: That I, W. B., do owe nnto J. F., the sum of $10,000 to be paid unto the said J. F., his executors, admin- istrators, or assigns, on the 3d day of June, 1918, next ensuing the date hereof; for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators (in the sum of $10,000), firmly by these presents. In witness whereof, I have hereunto set my hand and seal this 3d day of June, 1917. [Signature.] No. 766. Bond for Deed. Know all men by these presents: That we, J. N. W., as principal, and J. A. M. and W. P., as sureties, all of the city and county of San Francisco, are held and firmly bound unto W.-S., of the same place, in the sum of ten thousand five hundred dollars gold coin of the United States of America, to be paid to the said W. S., his executors, admin- istrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the twentieth day of December, one thousand nine hundred and sixteen. The condition of the above obligation is such that if the above-bounden obligor shall, on the twentieth day of March, 1916, make, execute and deliver unto the said W. S., or to his assigns (provided that the said S. shall, on or before thai day, have paid to the said obligor the sum of ten thousand five hundred dollars, gold coin of the United States of America, the price by said S. agreed to be paid therefor), a good and sufficient deed for conveying and assuring to the said W. S., free from all encumbrances, all his right, title, and interest, estate, claim, and demand both in law and equity as well in possession as in expectancy, of, in, or to that certain portion, claim, and mining right, title, or prop- erty on that certain vein or lode of rock containing precious metals of gold, silver, and other minerals, and situated in the Big Cottonwood Mining District, county of Utah, and Territory of Utah, and described as follows, to wit: Commencing on the east or right bank of Big Cot- tonwood Canyon, as you ascend said canyon, distant soutlieasterly one hundred and fifty rods from Mill "A," thence southeasterly two thou- sand feet, and running parallel with and distant two hundred (200) feet easterly from that mining claim designated and known by the name of "Dolly Varden"— then this obligation to be void; otherwise, to remain in full force and virtue. In witness whereof [etc.]. [Signatures.] No. 767. Bond for Deed of Mining Property. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current 275 Bonds and Undertakings. Form 768 lawful money of the United Slates of America, to be paid to the said , his executors, administrators or assigns ; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . The condition of the above obligation is such that if the above-bounden obligor shall, on the day of , 19—, make, execute, and deliver unto the said , or to his assigns (provided that the said shall on or before that day have paid to the said obligor the sum of — — dollars ($ ), current lawful money of the United States of America, the price by said agreed to be paid therefor), a good and sufficient deed for conveying and assuring to the said , free from all encum- brances, all his right, title, and interest, estate, claim, and demand, both in law and equity, as well in possession as in expectancy, of, in, or to that certain portion, claim, and mining right, title, or property on that certain vein or lode of rock containing precious metals of gold, silver, and other minerals, and situated in the mining district, county of , and state of , and described as follows, to wit: ; then this obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 768. Official Bond. Know all men by these presents : That we, S. S. M., as principal, and F. D. A., G. H. K., J. T. D., R. S. E., S. M. M., and B. G. L., as sureties, are held and firmly bound unto the state of California in the following penal sums, to wit: The said principal in the penal sum of fifty thou- sand dollars, and the said sureties in the following penal sums, to wit: the said F. D. A. in the penal sum of ten thousand (10,000) dollars; the said G. H. K. in the penal sum of five thousand (5,000) dollars; the said J. T. D. in the penal sum of five thousand (5,000) dollars; the said R. S. E. in the penal sum of ten thousand (10,000) dollars; the said S. M. M. in the penal sum of ten thousand (10,000) dollars; the said B. G. L. in the penal sum of ten thousand (10,000) dollars; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this fourth day of February, 1917. The condition of the above obligation is such, that, whereas the above-bounden principal, S. S. M., was, at a general election held in tliis state on the tenth day of September, 1917, duly elected to the office of county treasurer, in and for San Mateo county and state aforesaid. Now, therefore, the condition of this obligation is such, that if tho said S. S. M. shall well, truly, and faithfully perform all official duties now required of him by law, and shall well, truly, and faithfully execute and perform all the duties of such office of county treasurer required Form 769 Cowdery's Form Book. 276 by any law to be enacted subsequently to the execution of this bond, then this obligation is to be void and of no effect; otherwise to remain in full force and effect. In witness whereof [etc.], [Signatures.] No. 769. Oflacial Bond — Corporate Security. Know all men by these presents : That we, , as principal, and Company, a corporation, having its principal place of business in the city of Boston, Massachusetts, and having a paid-up capital of not less than one million dollars ($1,000,000), duly incorporated under the laws of the commonwealth of Massachusetts, for the purpose of making, guaranteeing and becoming surety on official bonds and having com- plied with all the requirements of the laws of the state of California respecting such corporations, as surely, are held and firmly bound unto the state of California, in the sum of dollars, gold coin of the United States of America, to be paid to the said state of California, or its assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors jointly and severally, firmly by these presents. The condition of the above obligation is such, that whereas, the above-bounden was, on the day of , A. D. 19—, duly , a , in and for the city of , county of , state of Cali- fornia, Now, if the said shall well, truly and faithfully perform all official duties required of him by law, and all such additional duties as may hereafter be imposed on him as such officer by any law of the state of California, then the above obligation to be void, other- wise to remain in full force and virtue. In witness whereof, the seal and signature of said principal is hereto affixed and the corporate name of the said surety is hereto affixed and attested by its duly authorized officers at , California, this day of , 19—. [Seal] Company, By , Attorney in Fact. State of California, County of , ss. I do solemnly swear [or affirm] that I will support the Constitution of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the office of according to the best of my ability. Subscribed and sworn to before me this day of , 19 — . 277 Bonds and Undertakings. Forms 770, 771 No. 770. Bond of Indemnity for Loss of Original Bill of Lading. Whereas, there was received by the Northern Pacific Railway Com- pany for shipment at , on or about the day of , A. D. 19 — , the following personal property , consig-ned by to , at , on W. B. , 19 — , and whereas, the original bill of lading covering this shipment has and desire that said property be delivered to : Now, therefore, the undersigned, in consideration of the premises, hereby covenant and agree with the said railway company that will save it harmless from all damages and costs on account of deliver- ing said property to , without surrender of the original bill of lading, and further agree — that will indemnify and save harmless said railway company from and against all claims and demands of any other person or persons whomsoever claiming said shipment, or any sum or sums of money in lieu thereof, upon or in respect of said before mentioned bill of lading; and also from any and all actions, suits or other proceedings, which, at any time hereafter, shall or may be brought or prosecuted against said railway company upon said bill of lading, or on account of the delivery of said property to said , and also from all costs, damages and expenses which said railway company may bear or incur by reason of any such claim as aforesaid, and defend all actions brought against said railway company on account thereof. Dated this day of , 19 — . ■ [Seal] [Seal] No. 771. Fidelity Bond— Clerk. Know all men by these presents: That we, J. S. and J. D., of Troy, Ohio, are held and firmly bound unto R. R., of Troy, Ohio, in the sum of one thousand dollars, to be paid to the said R. R., his executors, administrators, or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators firmly by these presents. Sealed with our seals. Dated the first day of January, 1916. The condition of the above obligation is such, that, whereas the said R. R. has employed the said J. S. as a clerk in his business of banker: Now, if the said J. S. shall well and faithfully discharge his duties as such clerk, and shall also account for all moneys and property, and otlier things, which may come into his possession or under his control as such clerk — then the above obligation to be void; otherwise to remain in full force and virtue. In witness whereof [etc.]. [Signatures.] Form 772 Cowdery's Form Book. 278 No. 772. Fidelity Bond. Whereas, , hereinafter called the "employee," has been appointed to the position of in the service of , hereinafter called the "employer"; and Whereas, the "employer" has delivered to the Massachusetts Bonding and Insurance Company, a corporation of the commonwealth of Massa- chusetts, hereinafter called the "company," certain statements in writing relative to the employee, his conduct, duties, employment and accounts, the manner of conducting the business of the employer and other things connected with the issuance of this bond, whicli, together with any other statements in writing, hereafter made b}^ the employer to the company relating to any such matters do and shall form part of this contract, or any continuation or continuations tliereof, and shall be warranties, and it is hereby agreed, that any such statements, made in writing by the president, cashier, or any officer or director of the employer shall be considered the statements of the employer within the meaning hereof; Now, therefore, in consideration of the sum of dollars, paid as a premium for the period from to , at 12 o'clock noon, and of said warranties of said emploj^er as aforesaid, it is hereby agreed, that subject to the obligations imposed on the employer, by this bond and the warranties aforesaid which are part hereof, the performance of which shall be conditions precedent to the right on the part of the employer tb recover under this bond, the company shall, at the expiration of three months next after proof of a pecuniary loss, as hereinafter mentioned, has been given to the company, reimburse the employer to the extent of the sum of dollars, and no further for such pecuniary loss of moneys, securities or other personal projD- erty belonging to the emjoloyer, as the employer shall have sustained by any dishonest act or acts committed by the employee in the per- formance of the duties of the office or position in the service of the employer hereinbefore referred to, or of such other office, or position as the employee may be subsequently appointed to or called upon to fill by the employer, as such duties have been, or may hereafter be stated in writing by the employer to the company, and occurring during the continuance of this bond, and discovered at any time within six months after the expiration or cancellation of this bond, or in case of the death, resignation or removal of the employee prior to the expiration or can- cellation of the bond, within six months after such death, resignation or removal; This bond may be continued from j^ear to year, at the option of the employer, at the same or an agreed premium rate, so long as the com- pany shall consent to receive the same; provided, that the liability of the company as surety for the employee to the employer shall not exceed the amount above written whether the loss shall occur during the terra of the bond above named, or during any continuation or continuations 279 Bonds and Undertakings. Form 772 thereof, or partly during the said term and partly during the said con- tinuation or continuations. Tliis bond is issued and continued upon and subject to the following additional conditions and provisions: That the actual payment of the premium and its acceptance by the company, for either the issue or continuance of this bond, is essential to the validity of this bond or any continuation thereof, and a condition precedent to any right to claim hereunder; That the employer, on becoming aware of any act which may be made the basis of any claim hereunder, shall immediately give the company notice thereof, in writing, by a registered letter, addressed to the presi- dent of the company, Boston, Massachusetts, and shall, within ninety days after its so becoming aware of such act as aforesaid, file with the company its itemized claim hereunder at its own cost and expense, with full particulars thereof duly sworn to; and, if required, the employer shall also produce in support thereof for investigation by the company, or its representative, at the office of the employer, all appropriate books, vouchers and evidence as may be required by the company; and this bond shall become void; both as to any existing, or future liabilities thereunder unless the aforesaid notice shall have been given as provided for, and unless claim is filed within the time and manner above specified, and until such books, vouchers and evidence (if required) have been furnished to the company for investigation as above stated; provided that no claim shall be payable hereunder that shall be filed with the company after the period of six months from the expiration or cancellation of this bond, or after a period of six months from the death, resignation or removal of the employee, occur- ring prior to the expiration or cancellation of this bond. Provided, further, that there shall be no liability on this bond for any dishonest act or acts committed by the employee after the employers first becom- ing aware of any act which may be made the basis of a claim hereunder. That upon notification to the company of any loss hereunder, the company's liability shall thereupon terminate as regards any subse- quent act of the employee; That if, without previous notice to and consent of the company thereto, in writing, the employer shall continue the employee in its employment, after having become aware of any act which may be made the basis of any claim hereunder, or make any settlement with the employee for any loss hereunder, or do any act whereby the liability of the employee to the employer is changed in any material respect, this bond shall be null and void, both as to any existing or future liabilities hereunder, and any willful misstatement or suppression of facts in any claim made hereunder shall render this bond void from the beginning. That there shall be a complete inspection of the accounts and books of the employee on behalf of the employer at least once in every twelve months from the date of this bond, such inspection to include exam- Form 772 Cowdery's Form Book. 280 ination of all cash and securities of which the employee shall have custody or charge; That the employer shall at once notify the company on becoming aware of the employee being- engaged in speculation or gambling or indulging in any disreputable or unlawful habits or pursuits; That if the employer shall at any time hold concurrently with this bond, or represent to the company in any statement to it, that it does or will at any time hold concurrently with this bond, any other bond or guaranty of security from or on behalf of the employee, the employer shall be entitled, in the event of loss as hereinbefore stated, to claim hereunder only such proportion of the loss as the amount covered by this bond bears to the whole amount of security carried, or so stated as carried or to be carried on the employee's behalf, whether the emploj'er shall be able to reimburse itself from such other bond or guaranty so carried or stated to be earned, or not, or whether the same has been allowed to lapse or not ; That if the company shall so elect, this bond may be canceled at any time by giving thirty days' notice in writing, to the employer, and tliis bond shall be deemed canceled at the expiration of the said thirty days, the company remaining liable for all or any act covered by this bond which may have been committed by the said employee up to the date of said cancellation under the terms, conditions and provisions of this bond, and the company shall, upon the surrender of this bond, and its release from all liability thereunder, refund the premium paid, less a pro rata part thereof for the time this bond shall have been in force ; That whenever the employer warrants by any of the statements made the basis of this bond or any continuation or continuations thereof, that the employee shall be required to do anything, any failure by the emploj^ee to do such thing, to the knowledge of any officer or director of the employer, whether in collusion with the employee or not, shall render this bond or any continuation or continuations thereof null and void as to any subsequent dishonest act or acts committed by the employee, unless upon notice of such failure the company shall waive the same in writing over the signature of one of its officers ; That no proceeding at law or in equity shall be brought to recover any claim under this bond, unless the same is commenced and the pro- cess served upon the company within a period of twelve calendar months next after the employer first becoming aware of any act which may be made the basis of a claim hereunder; That the company, upon the execution of this bond, shall not there- after be liable to the employer under any bond previously issued to the employer on belialf of said employee in any employment under said employer, the acceptance of this bond being a release to the company of any possible liability under such prior bond, and upon the issuance of any bond subsequent hereto upon said employee in favor of said employer in any employment under said employer, the liability here- 281 Bonds and Undertakings. Form 773 under shall cease and determine, and the acceptance thereof shall be a release to the company of any possible liability under this bond; That the employer shall, if so required by the company, duly apply for a warrant for the arrest of the employee for the dishonest act or acts committed by the employee, which is the basis of any claim here- under, and give all the aid and information in its power (at the cost and expense of the company) to bring the said employee to justice, or to aid the company to sue for and obtain reimbursement from the employee or his estate or third i)ersons, of moneys which the company shall have paid or become liable to pay, by virtue of this bond; That if any officer or director of said employer shall become aware of any act of the said emploj^ee which may be made the basis of any claim hereunder, the employer shall be deemed to have become aware of such act v\'ithin the meaning of this bond, even though such officer or director shall be in collusion with such employee; That no one of the above conditions or provisions contained in this bond, shall be deemed to have been waived by or on behalf of the company, unless the waiver be in writing, over the signature of an officer of the company, and notice to any agent of the company, or knowledge possessed by any agent of the company shall not be held to effect a waiver or change in this contract or any part of it. In witness whereof, the said principal has hereunto set his hand and seal and the said company has caused this bond to be signed by its president and its secretary, and its corporate seal to be hereunto affixed this day of . [Seal] ■ , President. , Secretaiy. Examined by , No. 773. Notary's Bond. Know all men by these presents: That we, R. H., as principal, and C. K., E. S., and 6. H., as sureties, all of the city of San Francisco, state of California, are held and firmly bound unto the state of Cali- fornia, the said R. H. in the sum of five thousand dollars, and the said sureties in the following named sums, viz. : C. K., for five thou- sand dollars, and E. S. and G. H. for the sum of twenty-five hun- dred dollars each, making in the aggregate the whole penal sum of five thousand dollars, lawful money of the United States, to be paid to the said state of California; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this twenty-sixth day of March, 1916. The condition of the above obligation is such, that whereas, G. C. P., Governor of California, has appointed and commissioned the above- bounden R. H., a notary public in and for the city and county of San Francisco, by commission dated the third day of March, 1916; Now, therefore, if the said R. H. shall well and truly perform the duties of Form 774 Cowdery's Form Book. 282 a notary public, as aforesaid, during his incumbency of said office nnder and by virtue of the commission aforesaid, according to law, and shall faithfully discharge all duties which may be required of him by any law enacted subsequently to the execution of this bond, then this obligation shall become void ; otherwise, to remain in full force and effect. In witness whereof [etc.] ro- i. ■> [Signatures.] No. 774. Bond of Treasurer or Trustee. Know all men by these presents: That we, J. D., as principal, and R. R. and I. S., as sureties, all of the city and county of San Francisco, state of California, are held and firmly bound unto H. H. and T. S., both of the said city and county, in the sum of one thousand dollars, gold coin of the United States, to be paid unto the said H. H. and T. S., or their successors in office, or their certain attorneys, executors, administrators, or assigns; to which payment, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, and dated the twenty-fourth day of December, 1916. The condition of this obligation is such, that whereas the above- named J. D. has been chosen by an association, known as the Union League, treasurer [or, one of the trustees] of said association by reason whereof and as such treasurer [or trustee], he will receive into his hands and possession divers sums of money, goods, and chattels, and other things, the property of said association; and is bound to keep true and accurate accounts of said property, and of his receipts and disburse- ments for and on account of said association. Now, therefore, if the said J. D. shall well and truly perform all and singular the duties of treasurer [or trustee] of said association, for and during his official term, and until he shall deliver all the prop- erty which he may receive as such treasurer [or trustee] to his successor in said office, or to such other person as the said association, or its authorized officers, may direct, according to the provisions of the con- stitution, by-laws, rules, and regulations of said association now exist- ing, or which may be by said association adopted; and shall keep true and just accounts of all property belonging to the said association that niay come to his hands; and shall exhibit and submit to the said asso- ciation, or to the persons by them thereunto appointed, his said accounts, and the vouchers therefor, whenever he shall be thereto properly re- quested; and shall, at the expiration of his term of office, by any cause Avliatever, deliver up to his successor in office all the property of the said association that may be found to remain in his hands, and his books of accounts, and the vouchers thereunto belonging — then this obligation shall be null and void; otherwise, to remain in full force and virtue. In witness whereof [etc.]. r_,. , , ■^ -■ [Signatures.] 283 Bonds Ai;D Undertakings. Forms 775, 776 No. 775. Bottomry Bond. Know all men by these presents: That I, A. B., master and one-third owner of the ship L., for myself and P. C, who owns the other two- thirds of said ship, am held and firmly bound unto A. F., in the penal sum of one thousand dollars, lawful money, for the payment of which to the said A. F., his heirs, executors, administrators, or assigns, I hereby bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated the second day of June, 1917. Wliereas, the above-bounden A. B. hath taken up and received of the said A. F. the just and full sum of one thousand dollars, which sum is to run at respondentia, on the block and freight of the said L., whereof the said A. B. is now master from the port of S. F. on a voyage to the port of N. Y., having permission to touch, stay at, and proceed to and call at, all ports and places within the limits of the voyage, at the rate of premium at twelve per cent for the voyage. In considera- tion whereof, usual risks of the sea, rivers, enemies, fires, pirates, etc., are to be on account of the said A. F. And for further security of the said A. F., the said A. B. doth, by these presents, mortgage and assign over to the said A. F., his heirs, executors, administrators, and assigns, the said ship L. and her freight, together with all her tackle, epparel, etc. And it is hereby declared, that the said ship L. and her freight is thus assigned over for the security of the respondentia taken up by the said A. F., and shall be delivered to no other use or pui-pose whatever, until payment of this bond is first made, with the premium that may become due thereon. Now, therefore, the condition of this obligation is such, that if the above-bounden A. B., his heirs, executors, or administrators, shall and do well and truly pay, or cause to be i^aid, unto the said A. F., or to his attorneys legally authorized to receive the same, his or their execu- tors, administrators, or assigns, the just and full sum of one thousand dollars, being the principal of this bond, together with the premium wliich shall become due thereon, at or before the expiration of twenty days after the arrival of the ship L. at the port of N. Y. ; or, in case of the loss of the said ship, such an average as by custom shall have become due on the salvage — then this obligation is to be void; other- wise, to remain in full force and virtue. Having signed to three bonds of the same tenor and date, the one of which being accomplished, the other two to be void and of no effect. In witness whereof [etc.], [Signatures.] ITo. 776. Legatee's Bond. Know all men by these presents: That we, A. B., principal, and C. D. and E. F., of, etc., are held and firmly bound unto A. L. and P. C, of, etc., executors of the last will and testament of W. B., deceased, late of the town of D., in the sum of one thousand dollars, lawful money Form 777 Cowdery's Form Book. 284 of the United States, to be paid to the said A. L. and P. C, executors, as aforesaid, the survivor or survivors, or his or their assies; for which payment, well and truly to be made, we bind oiirselves, our and each of our heirs, executors, administrators, jointly and severally, firmly by these presents. Sealed Avith our seals. Dated the second day of January, 1916. Whereas, in and by the last will and testament of the said W. B., deceased, a legacy of one thousand dollars is bequeathed to the said A. B., which has been paid to him by the said executors as aforesaid. Now, the condition of this obligation is such, that if any debts against the deceased above named shall duly appear, and which there shall be no other assets to pay, and if there shall be no other assets to pay otlier legacies, or not sufficient, then the said A. B. shall refund the legacy so paid, or such ratable proportion thereof, with the other legatees of the deceased, as may be necessary for the payment of such debts and the proportional parts of other legacies, if there be any, and the costs and charges incurred by reason of the payment of the said one thousand dollars; and that if the probate of the will of the said deceased be revoked or the will declared void, then the said A. B. shall refund the whole of the legacy, with interest, to the said A. L. and P. C, their executors, administrators or assigns. In witness whereof [etc.]. [Signatures.] No. 777. Sheriff's Indemnity Bond on Attachment. Know all men by these presents: That we, G. B., as principal, and S. D. and D. S., as sureties, are held and firmly bound unto P. H., sheriff of the city and county of San Francisco, state of California, in the sum of five thousand five hundred and fifty dollars, gold coin of the United States of America, to be paid to the said sheriff, or his certain attorney, executors, administrators or assigns, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated the twenty-sixth day of January, 1916. Whereas, under and by virtue of a writ of attachment, issued out of the superior court of the city and county of San Francisco, in an action v/herein the said G. B. is plaintiff, and J. R. S. and E. H., de- fendants, against said defendants, directed and delivered to said P. H., sheriff of the city and county of San Francisco, the said sheriff was commanded to attach and safely keep all the property of said defendants within this county, not exempt from execution, or so much thereof as may be sufficient to satisfy the plaintiff's demand, amounting to two thousand five hundred and sixty-six dollars and forty-five cents, United States gold coin, as therein stated, and the said sheriff did thereupon attach the following described goods and chattels, viz.: [Here insert description.] 285 Bonds and Undertakings. Form 778 And whereas, upon the taking of the said goods and cliattels, by virtue of the said writ, one N. B. claimed the said goods and chattels as his own property. And whereas the said plaintiff, notwithstanding such claiming, re* quires of said sheriff tliat he shall retain said property under such attachment and in his custody. Now, therefore, the condition of this obligation is such, that if the said G. B., S. D., and D. S., their heirs, executors, and administrators, or either of them, shall well and truly indemnify and save harmless the said sheriff, his heirs, executors, and administrators, of and from all damages, expenses, costs and charges, and against all loss and liability which he, the said sheriff, his heirs, executors, or adminis- trators, shall sustain, or in anywise be put to, for or by reason of the attachment, seizing, levying, taking, or retention by the said sheriff, in his custody, under said attachment, of the said property claimed as aforesaid, then the above obligation to be void; other-wise, to remain in full force and virtue. In witness whereof [etc.]. [Signatures.] No. 778. Sheriff's Indojimity Bond on Execution. [Title of Court and Cause.] Know all men by these presents, that we, , of the city and county of San Francisco, as principal, and , of the said county, and . of the said county, as sureties, are held and firmly bound unto , sheriff of the city and county of San Francisco, in the sum of dollars, gold coin of the United States of America, to be paid to the said sheriff, or his executors, administrators or assigns, for which pay- ment, well and ti-uly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated at San Francisco, the day of , A. D. 19 — . Whereas, under and by virtue of a writ of execution issued out of the superior court of the city and county of San Francisco, state of California; in the action above entitled , directed and delivered to said , sheriff of the city and county of San Francisco, the said sheriif was commanded to satisfy the judgment with interest and costs, out of the personal property of such defendant within his said city and county, not exempt from execution, or as much thereof as may be sufficient to satisfy the plaintiff's demand; amounting to dollars, as therein alleged, and the said sheriff did thereupon levy upon and take into possession the following described goods and chattels: And whereas, upon the taking of the said goods and chattels by virtue of the said writ of execution, claimed the said goods and chattels as property. And whereas, the said plaintiff requires of said sheriff that he shall retain said property, under such levy under execution and in his custody. Form 778 Cowdery's Form Book. 286 Now, therefore, in consideration that the said , sheriff, by him- self, deputy, keeper, or other officer or person retain said property in his custody, we , as principal, and and , as sureties, hereby agi-ee to indemnify and save harmless said , sheriff, in executing said writ or taking or retaining in custody said property there- under, from all damages, costs, counsel fees, expenses or judgments he maj^ incur or suffer in consequence of levying upon, taking or retaining in custody and sale of said goods and chattels under said execution. Also, that we will pay off and discharge any and all judgments, damages and costs that the said sheriff, or any of his deputies, may or shall become liable to pay by reason of said levy, taking or retention and sale of said property by him the said , sheriff. And that it may be lav/ful for the said sheriff, his heirs, executors, administrators or assigns, to bring suit against the principal and sure- ties hereto, or either of them, or their, or either of their executors, administrators or assigns immediately upon the rendition of any judg- ment against the plaintiff in said cause, or upon recovery of judgment against the said sheriff, his heirs, executors, administrators or assigns, for having levied upon, taken or retained said property; also the sale of said property or upon the rendition of any judgment against said , sheriff, for said levy, seizure or retention under said writ of execution, and written notice thereof to said principal and sureties, or either of them, said judgment will be conclusive evidence of the right of said , sheriff, to recover judgment against said principal and sureties, or either of them, and judgment ma}^ be entered against said principal and sureties, or either of them, in any court wherein said judgment against said , sheriff, may be rendered, for the amount recovered against said , sheriff, not exceeding said sum of $ , including costs and reasonable counsel fees, on motion, upon notice of five days to said principal and sureties, or either of them. And that said sheriff shall not be required first to pay the said judgment or counsel fees in order to entitle him or his legal representatives to maintain such suit and recover judgment thereon, or to have judgment entered against said principal and sureties, or either of them, then, the above obligation to be void ; otherwise to remain in full force and effect. Sealed and delivered in the presence of [L. S.] Residing at No. Street. [L. S.] Residing at No. Street. [L. S.] Residing at No. Street. State of California, City and County of San Francisco, ss. and , whose names are subscribed as the sureties to the above undertaking, being severally duly sworn, each for himself, de- poses and says: That he is a resident and holder of the county of 287 Bonds and Undertakings. Forms 779-781 San Francisco, and is worth the sum in the said undertaking specified as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution. [Signature.] Sworn to before me, this day of , A. D. 191 — . Witness: No. 779. Bond from Several Persons for Several Sums. Know all men by these presents: That A. B., etc., C. D., etc., E. F., etc., G. H., etc., and J. K., etc., are severally and respectively held and bound iinto N. 0. in the respective sums following, viz., each of them the said A. B., C. D., E. F., G. H., in the sum of $1,000 apicr-e, and the said J. K., in the sum of $5,000, to be paid to the said N. 0., his, etc., to which said several payments, well and truly to be made, each of them doth hereby bind and oblige himself, his heirs, etc., sever- ally and respectively, but not jointly, nor one for the other, firmly by these presents. Dated -. [Signatures.] No. 780. Bond for Performance of Covenants. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto ■ ■ of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said , his executors, administrators, or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . The condition of the above obligation is such that if the above-named , his heirs, executors, and administrators, do and shall well and truly observe, perform, and keep all and every the covenants specified and contained in a certain indenture of [etc.], bearing even date Avith the above obligation, and made between [etc.], which on the part and behalf of the said , his heirs, executors, and administrators, is, are, and ought to be observed, performed, fulfilled, and kept, according to the true intent and meaning of the same indenture, then the above written obligation shall be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 781. Bond for Performaaice — To be Indorsed on Contract. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bnuiul unto of said county, in the sum of dollars ($ ), current Form 782 Cowdery's Form Book. 288 lawful money of the United States of America, to be paid to the said , his executors, administrators or assigns ; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19—. The condition of this obligation is such that if the above-boimden J, his executors, administrators, or assigns, shall in all things stand to and abide by, and well and truly keep and perform, the covenants, conditions, and agreements in the within instrument contained on his or their part to be kept and i)erformed, at the time and in the manner and form therein specified, then the above obligation shall be voidj otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 782. Bond of Indemiiity to Surety. Be it known that we, A. B., as pi-incipal, and G. H. and L. M., as sureties, are held and firmly bound unto C. D. of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said C. D., his executors, administrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and sever- ally, firmly by these presents. Dated and signed the day of , 19 — . Whereas, the said C. D., at the special instance and request of the above-bounden A. B., has bound himself, together with the said A. B., unto one E. F., of, etc., in a certain obligation, bearing even date here- with, in the penal sum of one thousand dollars, gold coin of the United States, conditioned for the payment, in like gold coin, of the sum of five hundred dollars, due and owing by the said A. B. to the said E. F. on, etc. [as in the bond ; or, if a bail bond be referred to, say— condi- tioned for the appearance of the said A. B., etc.]. Now, therefore, the condition of the above obligation is such, that if the said A. B. shall well and truly perform and fulfill the condition of the said bond executed to the said E. F., in manner and form as he is therein required to do, and at all times hereafter save harmless the said C. D., his heirs, executors, and administrators, of and from the said obligation, and of and from all actions, costs and damages, for or by reason thereof, then this obligation to be void; else to remain in full force and virtue. In witness whereof [etc.]. [Signatures.] 289 Bonds and Undertakings. Form 783 No. 783. Bond of Indemnity to Surety— Another Form. Whereas, the Massacliusetts Bonding and Insurance Company, a corporation organized under the laws of the commonwealth of Massa- chusetts, and having its principal office in the city of Boston, Massa- chusetts (hereinafter called the company) at the request of the under- signed (hereinafter called the indemnitor — ) and upon the security hereof, has or is about to become surety for to , in the suj^i of dollars ($ ) by its certain bond or undertaking , a copy of which is or may be hereto annexed and made a part hereof. Now, therefore, in consideration of the premises, the indemnitor — hereby undertake—, agree— and bind legal representatives, suc- cessors and assigns: First. To at all times indemnify and keep indemnified the company and hold and save it harmless from and against any and all damages, loss, costs, charges and expenses of whatsoever kind or nature, includ- ing counsel and attorneys' fees, which the company shall or may, at any time, sustain or incur by reason or in consequence of having executed said bond; and that the indemnitor— will pay over, reimburse and make good to the company, its successors and assigns, all sums and amounts of money which the company or its representatives shall pay or cause to be paid, or become liable to pay, on account of the execu- tion of such instrument, and on account of any damages, costs, charges and expenses of whatsoever kind or nature, including counsel and attorneys' fees which the company may pay, or become liable to pay, by reason of the execution of such instrument, or in connection with any litigation, investigation or other matters connected therewith, such payment to be made to the company as soon as it shall have become liable therefor, whether the company shall have paid out said sum or any part thereof or not. And the indemnitor — further agree — that in any account which may be had between the indemnitor — and the com- pany, the company shall be entitled to credit for any and all disburse- ments, in and about the matters herein contemplated, made by it in good faith under the belief that it is or was liable for the sums and amounts so disbursed, or that it was necessary or expedient to make such disbursements, whether such liability, necessity or expediency existed or not. Second. That in case any action at law, suit in equity or other proceeding be commenced, or notice of such action, suit or proceeding be served upon the indenniitor — not affecting the liability of the com- pany under any such bond, or growing out of any matter connected therewith, or on account of which any such instrument was or may have been given, the indemnitor — will immediately so notify the com- pany in writing at its principal office in the city of Boston. Third. To pay or cause to be paid to the company the premium on said bond promptly upon the execution thereof and in advance in each year thereafter until the company shall have been fully discharged Form Book — 19 Forms 784, 785 Cowdeby's Form Book. 290 and released from any and all liability upon said bond and all matters arising therefrom, and until there shall have been furnislied to the company, at its principal office in the city of Boston, due and satis- factoiy proof, by evidence legally competent, of such discharge and release. Dated at , this day of , 19 — . [Seal] [Seal] [Seal] [Seal] Signed, sealed and delivered in presence of: No. 784. Bond to Replace Stock Loaned. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said , his executors, administrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . Whereas the above-named has this day borrowed of one hundred shares of tlie capital stock of the company, a corporation : Now the condition of this obligation is such that if the above shall transfer, or cause to be transferred, to the said the like nvmiber of shares of the said capital stock, on or before , 19 — , and will from time to time pay said all dividends declared upon said stock, with interest thereon at the rate of per cent per year from the date when said dividends were payable, then this obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 785. Bond to Save Harmless from Paying Rent Where Title is in Question. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said , his executors, administrators or assigns; for Avhich payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, finnly by these presents. Dated and signed the day of , 19 — . The condition of the above obligation is such that whereas there is a suit depending between the above-bounden and others, touch- ing the right and interest in the now dwelling-house of the above-named 291 Bonds and Undertakings. Form 786 , situate [etc.] ; and whereas the said hath agecd to pay rent of the said house to the said , which is, to pay the sum of dollars ($ ), yearly, as the same shall grow due: If therefore the said , his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the said , his executors, administrators, or assigns, all such rent, sum and sums of money, charges and damages whatsoever, as shall, by due proceed- ings in law, be adjudged or decreed against him, the said , his heirs, executors, or administrators, and all other costs and damages whatsoever which he, the said , shall sustain or be at, by reason of any action, suit, or forfeiture whatsoever which shall or may happen or be to tlie said , his executors, administrators, or assigns, by reason of paying the said rent, or any part thereof, to the said , his executors, administrators, or assigns, then this obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of , No. 786. Bond to Indemnify Indorser of Promissory Note. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said , his executors, administrators or assigns; for which payment, Vv'eii and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly bj' these presents. Dated and signed the day of , 19 — . Whereas the above-bounden , by bill or note under his hand, dated the day of , 191 — , hath promised to pay unto ■ , or order, six months after date, the sum of dollars ($ ), with interest thereon till paid; and whereas the above-named at the request and for the only debt of the said , hath indorsed the said recited bill or note, and is thereby become chargeable with and for payment of the said sum of dollars ($ ), and interest, at the time therein mentioned, as by the said bill and the indorsement there- upon may appear: Now the condition of this obligation is such that if the said , his executors and administrators, do and shall well and truly pay the said sum of dollars ($ ), for which the said note is so given, and the interest thereof added on the day of payment therein men- tioned and in full discharge thereof, and from all actions, suits, charges, payment, and damages by reason thereof, shall at all times well and sufficiently save harmless, and keep indemnified the said , his heirs, executors, and administrators, and every of them, tlien this obli- gation is to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . Form 787 Cowdery's Form Book. 292 No. 787. Bond of Indemnity to Surety on Appeal Bond. Know all men by these presents: That I, C. V., of the city of New York, in the state of New York, am held and firmly bound unto A. D., of the city of San Francisco, in the state of California, in the sum of five thousand two hundred and seventy-five dollars, gold coin of the United States of America, to be paid to the said A. D., his execu- tors, administrators, or assigns, for which payment, well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated the tenth day of January, 1916. Whereas, heretofore, one F. B. M. filed his bill in tlie district court of the United States for the northern district of California, against the steamship C, upon cause of action alleged to have accrued to him in the early part of the year 1910; and whereas, such proceedings were afterward had in said cause, in said court, that a judgment or decree was made and entered therein, on the fifteenth day of December, 1915, that the said M. do have and recover in said action the sum of two thousand four hundred and fifty-nine dollars, for his damages therein, and also the sum of one hundred and seventy-one dollars and fifty cents, for his costs of said action, and that the said steamship be condemned and sold to satisfy him for his said damages and costs; and whereas, at the time when said alleged cause of action accrued, the above-bounden obligor was the mortgagee and OAvner of the said steamship, and liable over for the payment of such damages and costs; and whereas, an ap2ieal has been taken from the said judgment or decree to the supreme court of the United States ; and whereas, the said above-bounden obligor has applied to the above-named obligee to become one of the sureties in the stipulation to be given on the said appeal, to stay the execution of said decree, and abide the judgment and decree of the appellate court; and whereas, the said obligee has consented to become such surety, upon being indemnified against all loss or damage by reason thereof, and has executed and acknowledged the necessary stipulations on such appeal. Now, the condition of this obligation is such, that if the said obligor, the said C. V., or his heirs, executors, and administrators, shall and do, at all times hereafter, well and truly, save and keep the said obligee, A. D., his executors and administrators, harmless of and from all actions, costs, damages, and counsel fees, of and from, and by reason of, or gTowing out of, such suretyship, and shall well and truly repay, or cause to be repaid, to the said obligee, his executors or adminis- trators, on demand, any and all such sum and sums of monej^ that he may be required to pay as such surety, as aforesaid, then this obligation to be void ; else to remain in full force and virtue. Subscribed and sworn to [etc.]. [Signatures.] 293 Bonds and Undertakings. Forms 788, 789 No. 788. Bond Tliat Person Will Convey Land on Reaching Age of Majority. Be it known that we , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said his executors, administrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and adminis- trators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . Whereas certain lands, tenements, and premises described as follows, to wit, , were, by the last will and testament of , deceased, heretofore devised to and , and the said has, in con- sideration of the sum of dollars ($ ), to him in hand paid by the said , agreed to convey his interest in said propert}' to the said when he, the said , shall become twenty-one years of age: Now the condition of this obligation is such that if the said do and shall, when and as soon as he shall have attained the said age of twenty-one years, at the costs and charges of the said , convey and assure unto the said , his heirs and assigns, by such deeds and conveyances as the counsel of the said shall advise, his undi- vided moiety, or half part, of and in the said lands, tenements, and premises, devised to him and the said as aforesaid, and that witli- out any further consideration to be paid him by the said for so doing; and also if and in case the said , his heirs, executors, or administrators, do and shall in the meantime, and until the said shall have executed such conveyances as aforesaid, save, defend, keep harmless, and indemnify the said , his heirs, executors, and admin- istrators, and his and their goods and chattels, lands, tenements, and premises, to be conveyed by the said to the said , as afore- said, and the rfints, issues, and profits thereof, of and from all claims and demands to be made thereto by, or on the part and behalf of, the said , then this obligation is to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 789. Bond to Indemnify Person Against Damage from Carrying on Business in His Name. Be it known that we , of the county of , state of — — , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), cun-ent laAvful money of the United States of America, to be paid to the said ■ , his executors, administrators or assigns; for which payment, v/ell and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . Furiu790 Cowdery's Form Book. 294 Whereas the above-named , at the request of the above-bounden -, hath consented that during the term of three years from the date liereof he, the said , may use the name of the said in carry ing on the business of hotel-keeper (which he now exerciseth for his own profit, and not for the advantage or the account of the said but only to preserve the said business to himself, the said having wholly left off and discontinued the same), which the said hath permitted him to use for the said term, so that he, the said , may be indemnified against all damages by reason of the said trade, or his using his name therein : Now therefore the condition of this obligation is such that, if the said , his executors and administrators, shall and do indemnify and save harmless the said , his executors and administrators, of and from all manner of damages, charges, and expenses which he or they may sustain or be put to by reason of the said 's so using the name of the said as aforesaid, or by reason of anything relating thereto, then the above obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 790. Bond to Third Person, on Wife's Behalf, by Husband, That He will not Interfere With Business of Wife, Who Lives Separate and Apart from Him. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said • , his executors, administrators or assigns; for Avhich payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . Whereas , the wife of the above-bounden , now lives sepa- rate and apart from her said husband, and follows the business and employment of making and selling [etc.], and the said hath agreed that his said wife shall have and receive all benefit arising thereby, or by any other trade or business which she may think fit to follow, for her own separate use and support, wherewith he, the said , is not to intermeddle, or have any profit or advantage therefrom, so a?= she, the said , doth not and shall not contract any debt or debts for which the person or effects of her said husband shall or may be sued, chai-ged, or encumbered by any means whatsoever: Now the condition of this obligation is such that if the said do and shall, from time to time, and at all times, during the natural life of the said , permit and suffer her, thfi said , to live separate and apart from him, and to have and receive all profit, benefit, and advantage arising, or which shall arise, from her said trade or 295 Bonds and Undertakings. Forms 791, 792 business of making and selling [etc.], or any other trade or business which she shall follow or employ herself in, to and for her own sepa- rate use, support, and maintenance, without any account, suit, trouble, or molestation whatsoever, and without doing, or causing or permit- ting to be done, any act, matter, or thing whatsoever, whereby or wliere- with the said shall or may be molested or encumbered by any means whatsoever; and also, if the said , his heirs, executors, or administrators, or his or their goods or chattels, lands or tenements, shall at any time or times hereafter be sued, attached, or otherwise charged, or encumbered for or by reason or means of any debt or debts which his said wife hath contracted, then this obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of • • No. 791. Bond of Master of SMp to Deliver Up Ship to Owners on Demand. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said • , his executors, administrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . Whereas, the above-named • [the obligee] and the rest of the part owners of the ship Julius have employed the above-bounden as master of the same, for so long a time as they, or the major part of them, shall think fit, and have thereupon delivered the possession of the said ship, with her appurtenances to the said . Now the condition of this obligation is such, that if the said , after notice and demand, shall quietly deliver up the actual possession of the said ship unto the said , or unto such other person as the said part owners or the major part of them, shall appoint, together with all and singular, the furniture, tackle, apparel and appurtenances to the said ship belonging (reasonable wear and tear excepted), freed from all charges and encumbrances done or suffered by the said , then this obligation shall be void; otherwise to remain in full force and virtue. [Signatures.] No. 792. Bond to Convey Estate at Future Time Free from Encum- brances and That Obligee in Meantime Shall Receive Profits. Be it known that we , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said Form 793 Cowdery's Form Book. 296 , his executors, administrators or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . The condition of this obligation is such that if the above-bounden do and shall, upon and at the request of the said , his heirs or assigns, on or before the day of next ensuing the date above written, convey and assure, or eauso to be well and sufficiently conveyed and assured, unto the said - — — , his heirs and assigns, or to such other person and persons, and his and their heirs, as the said • — — shall nominate and appoint, and to such uses as he shall direct, that property described as follows: , now in the possession of • by such conveyances and assurances in the law as by the said , or his heirs, or his or their counsel learned in the law, shall be reason- ably devised or advised, and required, freed and discharged of and from all encumbrances whatsoever, except [etc.] ; and also if the said , his heirs or assigns, or either of them, do and shall, until such conveyance and assurance be made and executed as aforesaid, permit and suffer the said , his heirs and assigns, peaceably and quietly to have, receive, and take to his and their own proper use and uses the rents, issues, and profits of all and singular the premises, and every part and parcel thereof, without any manner of let, suit, trouble, dis- turbance, hindrance, or denial of the said , his heirs or assigns, or any of them, or of any other person or persons whatsoever, by his or their, or any of their, means, right, title, or procurement, then the above obligation is to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . No. 793. Bond With Warrant of Attorney to Confess Judgment. Be it known that we. , of the county of , state of , as principal, and and , as sureties, are held and firmlj' bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said • , his executors, administrators or assigns, for which payment, Avell and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . The condition of the above obligation is such, that if the above- bounden shall well and truly pay to the said the just and full sum of dollars ($ ), on demand, then the above obligation is to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of . Whereas I, , of [etc.], am held and firmly bound unto , of [etc.], by a certain bond or obligation of this date, in the penal sum 297 Bonds and Undertakings, Forms 794, 795 of dollars ($ — — ), conditioned for the payment of dollars ($ ), on demand: Now therefore I do authorize and empower any attorney in any court of record in the state of to appear for me at the suit of the said obligee, or his representatives, in an action of debt, and con- fess judp'ment against me at any session or terra of court subsequent to this date, upon the said bond or obligation, or for so much money borrowed; and to release to the said obligee all errors that may inter- vene in obtaining such judgment, or in issuing execution on the same. Witness my hand this day of , 19 — . [Signature.] Signed and delivered in presence of . No. 794. Bond to Keep Person During Life. Be it known that we, , of the county of , state of , as principal, and and , as sureties, are held and firmly bound unto of said county, in the sum of dollars ($ ), current lawful money of the United States of America, to be paid to the said ■ , his executors, administrators or assigns; for which payment, well and truly to be made, Ave bind ourselves, our heirs, executors and admin- istrators, jointly and severally, firmly by these presents. Dated and signed the day of , 19 — . The condition of this obligation is such that whereas the above- bounden , for and in consideration of the sum of dollars ($ ), to him in hand paid by the above-named , hath agreed and undertaken to keep and maintain the said during his life; if therefore the said , his executors or administrators, shall from time to time, and at all times hereafter, during the natural life of the said , well and vSufficiently maintain and keep, or cause to be well and sufBciently maintained and kept, the said in the house of him, the said , with meat, diink, clothes, and all other things neces- sary and convenient, then this obligation to be void; otherwise, to remain in full force and virtue. [Signatures.] Signed and delivered in presence of ■• No. 795. Contractor's Bond— Public Works of United States. Know all men by these presents: That we, R. A., as principal, and A. S. C. of New York, a corporation existing under the laws of the state of New York, as surety, are held and bound unto the United States of America in the penal sum of one hundred thousand dollars, to the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and sever- ally, firmly by these presents. The condition of this obligation is such, that whereas the above-bounden R. A. has on the fourteenth day of September, 1917, entered into a contract with the United States rep- Form 796 Cowdery's Form Book. 298 resented by Major W. II. H., Corps of Engineers, United States Army, for removing rocks in San Francisco Bay, California: Now, therefore, if the above R. A., his heirs, executors or admin- istrators, shall and will in all respects duly and fully observe and per- form all and singular the covenants, conditions and agreements in and by the said contract agreed and covenanted by said R. A. to be observed and performed according to the true intent and meaning of the said contract, and as well during any period of extension of said contract that may be gi-anted on the part of the United States as daring the original term of the same, and shall make full payments to all persons supplying him labor or materials in the prosecution of the work provided for in said contract, then the above obligation shall be void and of no effect; otherwise to remain in full force and virtue. In witness whereof, the parties hereto have executed this instrument this fourteenth day of September, 1917, the name and corporate seal of said surety being hereto affixed and these presents duly signed by its proper officers, pursuant to a resolution of its board of trustees, passed on the eighteenth day of January, 1917, a copy of the record of which is on file in the War Department. [Signatures.] No. 796. Material and Labor Bond on Public Work. Know all men by these presents: That we, , as principal, and , a corporation, created, organized and existing, under and by virtue of the laws of the commonwealth of Massachusetts, having its head office and principal place of business at Boston, Massachusetts, as surety, are held and firmly bound unto for the use and benefit of any and all persons, companies or corporations, who perform work or labor on, or furnish materials, provisions, provender or other supplies used in upon, for or about the performance of the work contracted to be done under the contract hereinafter mentioned, or rent or hire of teams for or contributing to said work to be done, in the sum of dollars, lawful money of the United States of America, to be paid to such persons, companies or corporations; for which payment, Avell and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the above- bounden ha — entered into a contract, dated the day of , 19 ^ with the said for in accordance with the plans and specifications therefor, and referred to in the aforesaid contract, a copy of which is or may be hereto attached and forming a part hereof; Now, therefore, if the above-bounden , or , subcontractor, fail to pay for any materials, provisions, provender or other supplies, or teams furnished for and used in, upon, for or about the perform- ance of said work contracted to be done, or for any work or labor done thereon of any kind, the surety on this bond will pay the same, to an amount not exceeding the sum specified in this bond, provided 299 Bonds and Undertakings. Forms 797, 798 that claim therefor is filed as required by act of tlic legislature of the state of California, approved May 29, 1915, entitled "An act to amend sections one and two of an act entitled 'An act to secure the payment of the claims of materialmen, mechanics, or laborers, employed by contractors upon state, municipal or other public work,' approved March 27, 1897, as amended by an act approved May 1, 1911"; otherwise this obligation to be null and void. Dated at , Cal., this day of , 19 — . [Signature.] No. 797. Common-law Completion Bond— Public Work. Know all men by these presents: That , as principal, and , a corporation, created, organized and existing under and by virtue of the laws of the commonwealth of Massachusetts, and duly and regu- larly authorized to transact business in the state of California, as surety, are held and firmly bound unto in the just and full sum of dollars, lawful money of the United States of America, for the paj^ment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Given under our hands and sealed with our seals, this day of , A. D. 19—. Now, the condition of the foregoing obligation is such that whereas the above-bounden entered into a contract, dated the day of ^ 19._^ -vvith the said , Avhereby the said contract— to furnish all labor and material for in accordance with the plans and specifications therefor and referred to in the aforesaid contract, a copy of which is or may be hereto attached and forming a party hereof ; Now, therefore, if the above-bounden shall well and truly per- form, or cause to be performed, every and all of the reqairements of said contract, as in the said contract set forth, then this obligation to be null and void; otherwise to remain in full force and effect. No. 798. Bond of Indemnity — Lost Stock. Whereas, certificate No. 11,502 of the C. V. M. Company, dated May 3, 1917, for twenty shares, in the name of J. B., has been lost. Now, we, the undersigned, A. B., as principal and B. C. and C. D., as sureties, are bound unto the C. V. M. Company in the sum of one thousand dollars, in consideration of the issuance of a new certificate of stock for twenty (20) shares of the capital stock of said company, in place of said certificate lost or mislaid. And we agree to hold the said C. V. M. Company harmless and free from all loss, damage, counsel fees and costs incurred, or to be incun-ed, by reason of said loss, and in case said certificate of stock should be hereafter presented to said company for transfer. Dated . [Signatures.] Form 799 Cowdery's Form Book. 300 No. 799. Plumber's Bond— San Francisco. Under rules and regulations adopted by the board of bealtb of the city and county of San Francisco, state of California, pursuant to Ordinance No. 615 (New Series) of the board of supervisors of tlie city and county of San Francisco, providing for the protection of the public health, and reqiiiring plumbers to register their names and addresses at the department of public health, and comply with regula- tions of the board of health in reference to the drainage and plumbing of buildings, approved November 27, 1908. has registered his name and address at the department of public health of the city and county of San Francisco, as a master plumber, in and for the city and county of San Francisco, state of California, and whereas the said is required by a regulation of the board of health of said city and county to file a bond to insure a compliance with the provisions of said act; and whereas the amount of such bond has been fixed at five hundred dollars: Now, therefore, know all men by these presents, that we , of the city and county of San Francisco, as principal, and and of the said city and county, as sureties, are jointly and severally bound and indebted unto the state of California in the said sum of five hun- dred dollars, lawful money of the United States of America, for the payment of which several sums of money, well and truly to be made, the parties jointly and severally indebted herein, as aforesaid, jointly and severally bind themselves, their heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated this day of , in the year of our Lord one thousand nine hundred and . The condition of this obligation is such that if the above-bounden shall well, truly, and faithfully perform and execute the duties of master plumber of the city and county of San Francisco, as required by law, as well as those which may be required of him by any rule or regulation of the board of health, now existing, or those which may be required by any law or rule, or regulation enacted subsequently to the execution of this bond, then this obligation to be voidj other- wise to be and remain in full force and effect. Signed and sealed in presence of . [L. S.] . [L. S.] . [L. S.] State of California, City and County of San Francisco, — ss. , being duly sworn, each for himself doth depose and say that he is a resident and a freeliolder or householder, in the city and county of San Francisco, and that he is worth the amount for which he be- comes liable as surety on the foregoing bond, over and above all his debts and liabilities, in unencumbered property, situated within this state, which may be levied upon, and is not exempt from execution and forced sale and above all sums for which he is already liable, or in 301 Bonds and Undertakings. Form 800 any manner bound, whether as principal, or indorser, or surety, or whether such prior obligation or liability be conditional or absolute, liquidated or unliquidated, certain or contingent, due or to become due, in fixed property, including mortgages, situate in said city and county, and that he is not a banker, doing business in said city and county, nor any such banker's partner, clerk, employee, agent, attorney, father, son or brother. [Riciiiatnros.] Subscribed and sworn to before me, this day of , 19 . No. 800. Indemnity Bond on Claim and Delivery. [Title of Court and Cause.] Know all men by these presents, that we, , as principal, and and , as sureties, all of the city and county of San Francisco, state of California, are held and firmly bound unto , sheriff of said city and county, in the penal sum of ($ ) dollars, gold coin of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly, sev- erally and firmly by these presents. Sealed with our seals, and dated at San Francisco, the day of , 19—. The condition of this obligation is such, that whereas, the plaintiff— in the above-entitled cause commenced an action in said court against the defendant— therein for the recovery of the possession of the fol- lowing described personal property : ; and Whereas, said plaintiff— claimed a delivery of said property, and filed in said court an affidavit as provided by law, showing that plain- tiff— -w — entitled to the possession thereof, and that the same v^^as wrongfully detained by said defendant — ; and Whereas, said plaintiff— thereupon, by an indorsement in writing upon said affidavit, required the sheriff of said city and county to take said property from said defendant — ; and Whereas, said sheriff did, pursuant to the directions indorsed upon said affidavit, take the property therein described, and now retains the same in his custody; and Whereas, upon the taking of said property by virtue of said direc- tions, claimed to have title thereto, and right to the possession thereof, and made affidavit of said claim as required by law; and Whereas, said plaintiff— require— said sheriff to keep said property or deliver the same to — h — ; Now, therefore, if the above-bounden principal and sureties, tlieir heirs, executors and administrators, shall well and truly indemnify and save harmless the said sheriff, his heirs, executors, administrators and assigns, of and from all damages, costs, charges, and expenses, includ- ing all counsel fees which the said sheriff, his heirs, executors, admin- istrators, or assigns, may incur in consequence of the legal enforce- Form 800 Cowdery's Form Book. 302 ment of payment of the penalty of this bond, or in defending any action brought against him for the recovery, or for damages for the taking or conversion of said property claimed as aforesaid, and against all loss or liability which said sheriff, his heirs, executors, administrators, or assigns, shall sustain or in anjnvise incur, for or by reason of the taking of said property by said sheriff, or by reason of the withholding of the same from the rightful owner or delivery thereof to said plain- tiff—, then this obligation to be void, otherwise to remain in full force and virtue. And it is expressly provided that it shall be lawful for the said sheriff, his heirs, executors, administrators or assigns, to bring suit against the principal and sureties hereto, or either of them, or their or either of their executors, administrators or assigns, immediately upon the rendition of any judgment against the said sheriff, his heirs, execu- tors, administrators or assigns, and that said sheriff shall not be re- quired first to pay the said judgment or counsel fees in order to entitle him or his legal representatives to maintain such suit and recover judg- ment thereon; and the court wherein said judgment may be rendered against said sheriff, for the taking, or conversion, or withholding of said property, or any part thereof, from the rightful owner, or delivery of the same to said plaintiff—, may, on motion of said sheriff, and with or williout notice to said principal and sureties, or any or either of them, order judgment to be rendered, and cause the same to be entered against said principal and sureties, or any or either of them, for the amount of such judgment recovered against said sheriff, and for costs and reasonable counsel fees. . [Seal] [Seal] [Seal] Sealed and delivered in the presence of , State of California, City and County of San Francisco, — ss. and , whose names are subscribed as the sureties to the above undertaking, being severally duly sworn, each for himself, de- poses and says, that he is a resident and holder of the city and county of San Francisco, and is worth the sum in the said undertaking speci- fied as the penalty thereof, over and above all his debts and liabilities, exclusive of property exempt from execution. [Signatures.] Subscribed and sworn to before me, this day of , A. D. 19 — . 303 Bonds and Undertakings. Forms 61)1, y02 No. 801. Bail Bond — United States Commissioner. United States of America, District of , Division, — ss. Be it renieiiibered, that on this day of A. D., before me, a United States commissioner for the said district of , division, personally came , principal, and Massachusetts Bonding and Insur- ance Company, a corporation created, organized and existing under and by virtue of the laws of the commonwealth of Massachusetts and having its head office and principal place of business £.t Boston, in said commonwealth, as surety, and jointly and severally acknowledged them- selves to owe the United States of America the sum of dollars, to be levied on their goods and chattels, lands and tenements, if default be made in the condition following, to wit: The condition of this recognizance is such, that if the said shall personally appear before me , a United States commissioner as aforesaid, at my office in the city of and district aforesaid, on the day of , A. D. 19 — , at o'clock — M, and from time to time thereafter to which the case may be continued, then and there to answer the charge of having on or about the day of , A, D. 19 — , within said district, in violation of section of the Revised Statutes of the United States, unlawfully , and then and there abide the order of the said commissioner, and not depart from «aid district without leave, then this recognizance to be void, otherwise to remain in full force and virtue. [Seal] [Seal] [Seal] Taken and acknowledged before me the day and year above written. , United States Commissioner as Aforesaid. No. 802. Bond of Counter-indemnity. Know all men by these presents: That I, , of , in considera- tion of the , having at my request issued a bond of guarantee to on behalf of , not yet of age, do hereby agree that I will pro- tect and immediately indemnify the said company against any and all loss, damage or expense it may sustain or become liable for in consequence of such bond or any renewal or extension thereof, hereby admitting that the vouchers or other proper evidence showing payment by said company of any such loss, damage or expense, shall be conclusive evidence (except for fraud) against me and my estate, of the fact and amount of my liability hereunder to said company. Witness my hand and seal this day of , 19 — . [L. S.] In presence of , ro- . n t -, • , [Signature of Indemnitor.] [Signature of Witness.] Form 803 Cowdery's Form Book. 304 No. 803. Real Estate Broker's Bond. Know all men by these presents : that we , of , as principal, and , as surety, are held and firmly bound unto the peojjle of the state of California in the penal sum of one thousand ($1,000) dollai'S, lawful money of the United States of America, to be paid to the state of California, for which payment well and truly to be made and done we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the above obligation is such that, whereas, the above- bounden has made application to the real estate commissioner of tlie state of California for a license to carry on the business of real estate broker in the state of California, with principal place of business at , county of , said state, for a period of one year from the day of, , 19 — . Now, therefore, the condition of the above obligation is such that if the said bounden will comply with the provisions of that certain act entitled, "An act to define real estate brokers, agents, salesmen, solicitors; to provide for the regulation, supervision, and licensing there- of: to create the office of real estate commissioner and making an appropriation therefor" (Stats. 1917, c. 7.58), and will faithfully per- form every undertaking entered into by him as a licensed real estate broker under said act, then the above obligation to be void; otherwise to remain in full force and effect. It is understood and agreed that this bond is to run for a period of one year from the date of the license hereinabove mentioned, but shall continue and remain in like force and effect thereafter for each annual period of said bond unless written notice of cancellation is given to the real estate commissioner at le.nst ten days prior to such renewal period, in which case liability of the surety shall cease as of the renewal date. But this bond may, with the consent of the real estate com- missioner, be terminated at any time at the instance of the surety by its giving to such commissioner and the insured each, a written notice of its desire to be released from further liability on this bond. Such notice shall be served personally or by United States registered mail, prepaid, and the insured shall file a new bond satisfactory to such com- missioner in lieu of this bond within ten days after notice of the con- sent of such commissioner to the termination of this bond. Upon the filing of such new bond the term of this bond shall cease, but nothing herein shall affect any rights or liabilities which shall have accrued under this bond prior to the date of such termination. In witness whereof the said principal has hereunto set his hand and seal and the said surety has caused its corporate name and corporate seal to be hereunto affixed this day of , A. D. 19 — . By . , [Seal] 305 Bonds and Undertakings. Form 804 No. 804. Blasting Bond. Know all men by these presents: That , as principal, and as sureties, are held and firmly bound unto the city and county of San Francisco, a municipal corporation, and the state of California, in the penal sum of — dollars, gold coin of the United States of America, to be paid to the city and county of San Francisco, state of California, for which payment well and truly to be made, we bind ourselves and each of our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Whereas, the above-bounden principal has applied to the board of supervisors of the city and county of San Francisco for a permit to explode blasts for the purpose of , at streets, in the city and county of San Francisco ; and Whereas, Ordinance No. 1204 provides as a condition precedent to the granting of a permit to explode blasts, that a bond be furnished in an amount to be fixed by the board of public works ; and Whereas, said board of public works has by Resolution No. fixed the amount of said bond at dollars; Now, therefore, the condition of this obligation is such that if the above-bounden principal, and surety, shall without delay adjust and pay any and all damages not exceeding the sum of • dollars, that in the judgment of the board of public works may result from the explosion of the blasting under the provisions of said permit, or any other permit that shall be granted to the said ; And further, that if the said , its heirs, executors, administrators, successors or assigns, together with the surety herein, its heirs, executors, administrators, successors or assigns, shall pay and liquidate the amount of any judgment to the extent of dollars, wliich may be awarded in any court or courts having jurisdiction in the city and county of San Francisco against the said city and county, or against the said , its heirs, executors, administrators, successors or assigns, by reason of any damage suffered through injury of any person or property resulting from any act of exploding blasts within the limits of the city and county of San Francisco by the above-bounden ■ agent or agents, employee or employees under such permit or permits or any other' permit granted by the board of supervisors to the said , then this obligation to be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered this day of , in tlie city and county of San Francisco. , Principal. , Surety. • , Surety. Form Book — 20 Forms 805, 806 Cowdery's Form Book. 306 No. 805. Bond for Lost Instrument. Know all men by these presents, that we, , as principal — , and the company, a corporation established under the laws of the common- wealth of Massachusetts and having its principal office in Boston in said commonwealth, as surety, are held and firmly bound unto in the sum of dollars, to be paid to the said administrators, executors, successors, or assigns, to which payment, well and truly to be made, we bind ourselves and each of us by himself, and our and each of our heirs, executors, and administrators, successors and assigns firmly by these presents. Sealed with our seals, and dated this day of , in the year nineteen hundred and . The condition of this obligation is such, that whereas the said issued to , certificate number , for shares of its stock ■ , and whereas upon representation of , that said has been lost or destroyed, said has at the special request of said issued to the said a new certificate of said or in lieu of said certificate or formerly held as aforesaid, ■: Now, then, if said , lieirs, executors, and administrators, suc- cessors and assigns shall well and truly at all times indemnify, save harmless, and protect said from and against all loss, trouble, cost, damage, and expense, by reason of the issue of said new as afore- said, and also by reason of any and all claims and demands to or for said shares, or any part thereof, or said , and if, in case said certificate or alleged to have been lost or destroyed, as aforesaid, shall come into the possession or under the control of said or of h — heirs, executors, administrators, successors, or assigns, the same shall be forthwith delivered to said company, and by it to said to be canceled, and if said , h — heirs, executors, and admin- istrators, shall in all respects save harmless, protect and indemnify said from and against any and all claims and demands, and all cost, trouble, damage, and expense in the premises, arising out of or con- nected v/ith said of said ■ shares or said , including all costs and counsel fees and expenses incurred in defending any claim or demand to or for said , then this obligation shall be void, other- wise it shall remain in full force and effect. Signed, sealed, and delivered in presence of , [Signatures.] No. 806. Reciprocal Demurrage Bond. Know all men by these presents: That whereas of , county of , state of California, hereinafter designated as the "shipper," de* sires hereafter to order from time to time from [insert name of rail- way company], a corporation, hereinafter designated as the "railway company," a car or cars for loading freight for transportation within the state of California under the Uniform Rules for Demurrage and Recip- 307 Bonds and Undertakings. Form 806 rocal Demurrage prescribed for broad-gauge railroads by the railroad commission of the state of California; Now, therefore, said shipper, as principal, and and , as sureties, do hereby jointly and sevei-ally agree that in case during the life of this bond said shipper shall order from the railway company a ear or cars for loading freight and shall not use the same, they will pay to the railway company, upon demand, the demurrage charges pre- scribed by said rules for failure to use the car or cars so ordered, at the rate of three ($3) dollars per car for each day or fraction of a day of detention, not exceeding, in case of an order for a single car, the sum of twenty ($20) dollars, and, in case of an order for more than one car, the sum of twenty ($20) dollars plus fifteen ($15) dollars for each car ordered in excess of one, together with charges for necessary empty-car haul and all damages, expenses and costs which the railway company may incur or in anywise be put to in the premises. The term of this bond shall be from date hereof. It is mutually understood and agreed and made a condition hereof that the respective rights and obligations of the said principal and sureties herein and the said railway company with respect to the mat- ters herein contained shall be governed by the provisions of the Uni- form Rules for Demurrage and Reciprocal Demurrage prescribed for broad-gauge railroads by the raiload commission of the state of Cali- fornia by its Order No. 2, approved March 28, 1911, and effective May 1, 1911, together with such amendments, alterations and additions to the same as may from time to time be made by order of the said com- mission, and it is further understood and agreed that any and all such amendments, alterations and additions shall not operate to discharge or diminish the obligation of the sureties on this bond. This obligation shall inure to the benefit of the railway company, its successors and assigns, and shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. In witness whereof, said principal and sureties have caused these presents to be duly executed this day of , 19 — . ■ > Principal. Sureties. NOTE. Form approved by Railroad Commission of state of California, April 26, 1911. To be furnished by shippers under Uniform Eules for De- murrage and Eeciprocal Demurrage" prescribed by the Railroad Commission of the state of California. This bond must be executed by two sureties known to the agent to be responsible, except that only one surety will bo required if bond is executed by a surety company. Where principal is a corporation, corporate seal must be affixed to bond, and in all cases where principal is a copartnership or corporation, the name of person signing in behfilf of principal must appear after or under the name of the principal, as, for instance, A. B. Company, by , Smith & Jones, by . Form 807 Cowdery's Form Book. 308 No. 807. Common Carrier's General Indemnity Bond. Station, 19 — . Whereas, the undersigned principal does, and is about to do, business as consignor or consignee, or both, or agent for consignors or consignees, with Southern Pacific Company, with respect to shipments of goods, either over its lines alone or over its lines in conjunction with the lines of other carriers, or with respect to both said kinds of shipments ; and Whereas, for the mutual accommodation of said principal and said Southern Pacific Company, it is desirable that the various things here- inafter referred to shall be done by said Southern Pacific Company or by any one or more of the other carriers hauling or handling said goods, in consideration of the indemnity by this instrument provided, we, the undersigned, and each of us, in consideration of what is hereinbefore and hereinafter more particularly set forth, hereby jointly and severally agree with Southern Pacific Company, as follows: 1. In all cases where any goods shipped under a straight bill of lading or as a stright consignment shall by said Southern Pacific Company, or by any other carrier hauling or handling said goods, be delivered to said principal, or to any other person or persons upon written request of the principal, at , or any of such places, without surrender of the original shipping receipt or bill of lading thereof, or at any other place or places shall by said Southern Pacific Company or by any carrier hauling or handling said goods, be delivered, at the written request of the principal, either to the principal or to any other person or persons, without surrender of the original shipping receipt or bill of lading thereof, we will fully indemnify, save and keep harmless said Southern Pacific Company and each and every carrier hauling or handling said goods or any part of them, from and against all loss, damage or liability, of whatsoever character, caused thereby, or in any v.-ay connected with said delivery, or by any bona fide failure to accomplish such delivery, including all reasonable attorney's fees, counsel fees, costs and ex- penses, paid or incurred in the premises by said Southern Pacific Com- pany or any carrier or carriers hauling or handling said goods. 2. In all cases where, at request of said principal, goods shall be diverted from their original destination, or consignee changed, or inspection permitted, we will, whether the shipment of said goods may have been covered by a straight or by an order bill of lading, fully in- demnify, save and keep harmless said Southern Pacific Company and each and every carrier hauling or handling said goods or any part of them, from and against all loss, damage or liability, of whatsoever character, caused thereby, or in any way connected with said diversion, change of consignee, or inspection or by any bona fide failure to accom- plish such diversion, change of consignee, or inspection, including all reasonable attorney's fees, counsel fees, costs and expenses, paid or in- curred in the premises by said Southern Pacific Company or any carrier or carriers hauling or handling said goods. 309 Bonds and Undertakings. Form 807 3. In all cases -wliorc goods slmll have been stopped in transit, or otlier disposition thereof made at request of said principal, we will, whether the shipment of said goods may have been covered by a straight or by an order bill of lading, fully indemnify, save and keep harmless said Southern Pacific Company and each and every carrier hauling or hand- ling said goods or any part of them, from and against all loss, damage or liability, of whatsoever character, arising therefrom or in any way connected therewith, or by any bona fide failure to accomplish such stoppage in transit or other disposition, including all reasonable attor- ney's fees, counsel fees, costs and expenses, paid or incurred in the premises by said Southern Pacific Company or any carrier or carriers hauling or handling said goods. 4. As to all goods either shipped by said principal tlirough said Southern Pacific Company, or received by said principal from said Southern Pacific Company, or shipped to said principal upon written request of said principal and offered to said principal for delivery by said Southern Pacific Company, whether so received or offered for de- livery for account of said principal or so received by said principal or offered for delivery to said principal as agent for any other person or persons, or received by said principal for further transportation, or delivered to any person or persons other than said principal upon written request of said principal to make such delivery and collect charges from said principal, and upon wliich said goods transportation charges or other customary charges made by the carriers, or any carrier, hauling or handling said goods, including demurrage and storage charges, shall remain unpaid in whole or in part at any time after arrival of said goods at destination, or after delivery to said Southern Pacific Company of goods to be forwarded, charges prepaid, or after the total or partial destruction of said goods by any cause other than negli- gence of the carrier, we will promptly pay to said Southern Pacific Company, upon demand, the amount of such charges so remaining, un- paid, including proportions of all other carriers hauling or handling said goods, and in default will further pay all expenses of collection, including any reasonable attorney's fees and costs. Such default will also authorize withholding of shipments, or refusing to forward ship- ments without prepayment, until all arrearages are paid. 5. Provided, tliat if the transportation charges and other customary charges (not including undercharges) lawfully made by carriers upon goods delivered to said principal, remain unpaid for a period of twenty days after the delivery of said goods by said railroad company to said principal, or if any undercharges lawfully due remain unpaid for a period of one hundred and twenty days after such delivery, then and in either of these events, the said railroad company sliall make no further delivery of goods to said principal without the requirement of tlie payment of all transportation charges and otlier customary charges in advance. Save and except that, in the case of bills, including under- charge bills, disputed on account of alleged errors in rates or weights, or Form 807 Cowdery's Form Book. 310 other alleged error, the period of twenty days and one hundred and twenty days hereinbefore respectively provided shall not apply, but that if any of the aforesaid disputed bills remain unpaid for a period of twenty days after the correctness of said bills has been established (cither by mutual agreement or to the satisfaction of said railroad com pany) and written notice by said railroad company certifying to the correctness thereof has been mailed to the principal, then and in that event the said railroad company shall make no further delivery of goods to said principal without the requirement of the payment of all trans- portation charges and other customary charges in advance. 6. Provided, however, that if said railroad company fails to mail a notice to the undersigned guarantor of any charges or undercliarges unpaid by the principal obligor, within ninety days after th-e railroad company has ceased making delivery of goods as hereinbefore pre- scribed, all liability of the undersigned guarantor for the amount of such unpaid charges or undercharges, as the case may be, shall cease; and from the date of said notice said guarantor will be released from any further liability under said bond unless by consenting thereto in writing but not from liability for any charges or charge, undercharges or undercharge, claims or demands, or claim or demand, of any char- acter accruing or arising under said bond. Provided that in no event shall the liability of the guarantors herein, or the liability of the guarantor herein, exceed the sum of dollars. The obligation of principal and guarantors or guarantor created by this instrument shall be continuous and shall remain in full force and effect until terminated by said principal or the undersigned guarantors or either of them, or by the undersigned guarantor, by written notice of termination or revocation given to said Southern Pacific Company; but such notice shall not have the effect of terminating said obligation until the expiration of five (5) days from and after the date of its receipt by said Southern Pacific Company. This instrument may be canceled at any time by Southern Pacific Company upon mailing notice addressed to the pi'incipal. The termination hereof, as aforesaid, by principal or guarantors or guarantor or such cancellation b,y Southern Pacific Company shall in no manner relieve or release said principal or guarantors or either of them or guarantor from any obligations or liabilities or obligation or liability, arising under this instrument prior to such termination or cancellation. Subject to and controlled by provisions of foregoing bond as to limi- tation of amount of liability or guarantors, continuation and termina- tion of obligation, and cancellation of bond, and effect of such termina- tion or cancellation, and as a part of said bond, we, the undersigned, and each of us, hereby jointly and severally agree with Southern Pacific Company that, as to all goods stored by or in behalf of undersigned principal, on and after date hereof, in any warehouse of Southern Pa- cific Company, and subsequently delivered to undersigned principal, or 311 Bonds and Undertakings. Form 808 any of the agents of undersigned principal, or to any other person in pursuance of request or authority of undersigned principal, without payment, or full payment, of storage charges due thereon, we will promptly jDay Southern Pacific Company, upon demand, the amount of such storage charges so remaining unpaid, and in default thereof Avill further pay all expenses of collection, including a reasonable attorney's fee and costs. By the word "person," where used in this instrument, is meant either a natural person or a firm or corporation. In witness whereof, the parties hereto have hereunto set their hands. Principal, . Address, . Witness, Guarantor, Address, - Witness, -. Approved : , Agent. NOTE. — Street address of prineipal, also of guarantor, should be giren in all cases. "Where principal or guarantor is a corporation, its corporate seal must be affixed to bond, and the name and title of the person or persons signing in its behalf must appear after or under its name, as, for instance, A. B. Company, by John Doe, President, Richard Eoe, Secretary. Where principal is a copartnership, the name of the person signing in its behalf must appear after or under its name, as, for instance, Smith & .Jones, by James Jones, of and for the firm. No. 808. Notice by Surety to His Guarantors to Defend Action on a Bond Signed by Surety and Guarantor. [Title of Court and Cause.] You will please take notice that on or about the 25th day of Septem- ber, 1899, you signed and delivered to A. S. Company a certain check in the sum of $5,000 to be held and which is held by it to indemnify and save harmless said A. S. Company, from and against all loss, dam- ages, costs, charges, counsel fees and expenses whatsoever, which said S. Company shall or may for any cause, at any time, sustain or incur, by reason or in consequence of said S. Company having become surety for R. A. on a certain bond for the sum of one hundred thousand dol- lars ($100,000), which bond is conditioned that said R. A., his licirs, executors, administrators and assigns, shall well and truly and in a satisfactory manner fulfill and perform the stipulations, covenants and agreements of a certain contract entered into by said R. A. with the United States of America represented by Major W. H. H., Corps of Engineers, U. S. Army, for removing certain rocks in San Francisco Bay. California, and shall promptly make payments to all persons sup- plying him labor or materials in the prosecution of the work provided for in the said contract. And you are hereby notified that on or about the first day of October, 1904, the United States of America, in the relation of and for the use Forms 809, 810 Cowdery's Form Book. 312 and benefit of W. W. M. and Company, commenced an action in the Circuit Court of the United States, Ninth Circuit, Northern District of California, against the said R. A. and the undersigned, the said A. S. Company upon said above-mentioned bond. A copy of the summons and complaint in said action is herewith handed you. The summons and complaint were served upon the undersigned, A. S. Company, on the fifth day of October, 1904. And you are hereby further notified to take such action in defending said suit, or appearing therein, as you may be advised to be necessary "in the premises. The undersis^ned will be pleased to have either you or your attorneys consult with Mr. C. A., 1200 S. St., San Francisco, California, concern- ing said suit. [Signature.] Dated, . No. 809. Complaint by Surety Against Principal. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the second day of June, 1917, at P., in consideration that the plaintiff would become surety for him, by executing an undertaking, of which a copy is annexed as a part of this complaint, marked "Ex- hibit A," the defendant agreed with the plaintiff that he would indem- nify him, and save him harmless from and against all damages, costs, and charges which he might sustain by reason of his becoming surety as aforesaid. 2. That the plaintiff, confiding in such promise of the defendant, exe- cuted and delivered such undertaking. 3. That the defendant did not indemnify the plaintiff, and save him harmless from such damages, costs and charges; but, on the contrary, the plaintiff, under a judgment, on the fifth day of August, 1917, ren- dered against him by the justice's court, at P., in an action brought auainst him upon said undertaking, paid, on the sixth day of August, 1917, $50 to A. B., in satisfaction and discharge of said undertaking, and also necessary costs and expenses in said action and on account of said undertaking, to the amount of $350. 4. That notice thereof was given to the defendant, and that the plaintiff duly performed all the conditions of the said agreement on his part. 5. That the defendant has not paid the same to the plaintiff. [Annex copy of undertaking, marked "Exhibit A."] No. 810. OfBcial Bond of County Treasurer. Know all men by these presents that we, as principal, and , . J , , , and , as sureties, are held and firmly bound unto the state of , in the following penal sums, to wit: the said ■ , in the penal sum of dollars ($ ) ; the said , in the 313 Bonds and Undertakings. Form 811 penal sum of dollars ($ ) ; the said , in the penal sum. of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; and the said , in the penal sum of dollars ($ ) ; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated the day of , 19 — . The condition of the above obligation is such that, whereas the above- bounden principal, , was, at a general election held in said state, on the day of , 19 — , duly elected to the office of county treas- urer, in and for the county of and state aforesaid: Now, therefore, the condition of this obligation is such that if the said shall well, truly and faithfully perform all official duties now required of him by law, and shall well, truly, and faithfully execute and perform all the duties of such office of county treasurer required by any law to be enacted subsequently to the execution of this bond, then this obligation is to be void and of no effect; otherwise, to remain in full force and effect. [Signatures.] [Justification of sureties.] NOTE. — Every official bond in California must be si^ed by the princi- pal and at least two sureties: See Cal. Pol. Code, sec. 954. In California, the approval of every official bond must be indorsed thereon, and be signed by the judge or other officer approving the same, and no officer with whom any official bond is required to be filed must file such bond until it is approved: See Cal. Pol. Code, sees. 952, 953, 955, 4022. No. 811. Justification of Sureties on State or County Bonds. State of , County of , ss. and , whose names are subscribed as sureties to the above bond, being duly sworn, each for himself says that he is a resident and freeholder [or householder] within said state of [if it is a county bond, say here, "within said county; or, city and county; or, within an adjoining county, or, city and county"] ; that he is worth the amount for which he becomes surety over and above all his debts and liabilities, in unencumbered property, situated within this state, exclusive of prop- erty exempt from execution and forced sale. [Signatures.] Subscribed and sworn to [etc.]. [Official signatures.] Approved, •. NOTE.— See Cal. Pol. Code, sec. 955. The officer whoso duty it is to approve official bonds must not do so, unless each of the sureties severally justify as above before an officer authorized to administer oaths: See Cal. Pol. Code, sec. 955. When this justification is Forms 812-814 Cowdery's Form Book. 314 made, the approval must be imlorsed on the bond and signed by the ofScer approving the bond: See Cal. Pol. Code, sec. 952. Any corporation with a paid-up capital of not less than one hundred thou- sand dollars ($100,000), incorporated for the purpose of becoming a surety on bonds and undertakings required or authorized by law, and which has complied with the laws of this state, etc., may become, and shall be accepted as, sole and sufficient surety, subject to certain provisions of law: See Cal. Pol. Code, sec. 955. No. 812. Condition of County Treasurer's Bond— Colorado. Whereas the above-bounden was elected to the office of county- treasurer of the couuty of , on the day of , 19 — : Now therefore the condition of this obligation is such that if the said ■ , and his deputy, and all other persons employed in his office, shall faithfully and promptly perform the duties of said office, and if the said , and his deputies, shall pay, according to law, all moneys which shall come to his hands as treasurer, and will render a just and true account thereof whenever required by said board of commissioners, or by any provision of law, and shall deliver over to his successors in office, or to any other person authorized by law to receive the same, all moneys, books, papers, and other things appertaining thereto, or be- longing to his said office, then the above obligation to be voidj otherwise to be in full force and effect. NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 1431. No. 813. Condition of Sheriff's Bond— Colorado. Whereas the above-bounden was elected to the office of sheriff of the county of , on the day of , 19 — : Now the condition of this obligation is such that if the said shall well and faithfully perform and execute the duties of the office of sheriff of said county of , during his continuance in office, by virtue of said election, without fraud, deceit, or oppression, and shall pay over all moneys that may come into his hands as such sheriff, and shall de- liver to his successor all writs, papers, and other things pertaining to •his office which may be so required by law, then the above obligation shall be void; otherwise, to be and remain in full force and effect. NOTE.— Colorado, Mill's Ann. Stats. 1912, sec. 1386. No. 814. Condition of County Clerk's Bond — Kansas. Vfhereas the above-bounden was elected to the office of county clerk of the county of , on the day of , 19 — : Now therefore, if the said shall faithfully perform all the duties of his office, and shall pay over all moneys that may come into his hands as such clerk, as required by law, and shall deliver to his successor in office all the books, records, papers, and other things belonging to said office, then the above obligation to be null and void; otherwise, to re- main in full force. NOTE.— Kansas, Gen. Stats. 1915, p. 2667. 315 Bonds and Undertakings. Forms 815-818 No. 815. Official Undertaking of Constable — Oregon. Whereas has been duly elected a constable for the precinct of , in the county of , at an election lield on the day of , 19 — , we, and , hereby undertake that if the said shall not faithfully execute and return all process to him directed and delivered, and pay over according to law all moneys that shall come into his hands by virtue of his office, then we, or either of us, will pay to the state of the sum of dollars ($ ). [Signatures.] Approved, . NOTE. — See Lord's Oregon Laws, sec. 3188. This undertaking must be approved, and the justification of the sureties must be filed with it: Lord's Oregon Laws, sec. 3189. No. 816. Official Undertaking of Justice of the Peace — Oregon. Whereas has been duly elected a justice of the peace in and for tlie precinct of , in the county of , at an election held on the day of , 19 — , we, and , hereby undertake that if the said shall not faithfully pay over according to law all moneys that shall come into his hands by virtue of such office, then we, or either of us, will pay to the state of the sum of dollars ($ ). [Signatures.] Approved, . NOTE. — See Lord's Oregon Laws, sec. 3181. This undertaking must be approved as provided, and the justification of the sureties must be filed with the undertaking: Lord's Oregon Laws, sec. 3182. No. 817. Sheriff's Official Undertaking— Oregon. Whereas, at an election held on the day of , 19 — •, was duly elected sheriff of the county of , we, and , hereby undertake that if the said sliall not faithfully pay over according to law all moneys that may come into his hands by virtue of such office, and otherwise well and faithfully perform the duties of such office, tnen we, or either of us, will pay the state of the sum of dollars ($ ). [Signatures.] Approved, , NOTE.— See Lord's Oregon Laws, sees. 2938, 2940, 2941. No. 818. County Treasurer's Official Underta.king — Oregon. Whereas, at an election held on the day of , 19 — , was duly elected county treasurer for the county of , we, and , hereby undertake that if the said shall not faithfully keep, account for, and pay over according to law all moneys that may come into his Forms 819, 820 Cowdery's Form Book. 316 hands by virtue of his office, and otherwise well and faithfully perform the duties of such office, then we, or either of us, will pay to the state of the sum of dollars ($ ). [Signatures.] Approved, . NOTE. — See Lord's Oregon Laws, sec. 2963. No. 819. Condition of Official Bond — Wyoming. Whereas the above-bounden was elected to the office of , on the day of , 19 — ; Now therefore the conditions of this obligation are such that if the said bounden and his deputies shall well and truly perform all the duties of his said office of , as is or may be prescribed by law, and shall, with all reasonable skill, diligence, good faith, and honesty, safely keep and be responsible for all funds coming into the hands of such officer by virtue of his office, and pay over without delay to the person or persons authorized by law to receive the same, all moneys which may come into his hands by virtue of his said office, and shall well and truly deliver to his successor in office, or such other person or persons as are authorized by law to receive the same, all moneys, books, papers, and things of every kind and nature held by him as such officer, the above obligation to be void ; otherwise, to remain in full force and effect, NOTE.— Wyoming, Comp. Stats. 1910, sec. 284. No. 820. Bond of Justice of the Peace — Washington. Know all men by these presents that we, , , and , are held and firmly bound unto the board of county commissioners of the county of , in the state of , in the sum of dollars ($ ), for the payment of which we jointly and severally bind ourselves, our heirs, executors and administrators. Sealed with our seals ; dated this day of , 19 — . Whereas the said was, on the day of , 19 — , duly elected a justice of the peace in and for the precinct of , in the county of , : Now the condition of the above obligation is such that if the said shall faithfully pay over according to law all moneys which shall come into his hands by virtue of his office as justice of the peace, then this obligation shall be void; otherwise, in full force. [Signatures and seals.] Approved, . NOTE. — See Washington, Eem. Code, sees. 6518, 8328. 317 Bonds and Undertakings. Forms 821, 822 No. 821. OflBcial Bond of City and County Officers of Honolulu. Know all men by these presents that we, as princiiaal, and and as sureties, are held and firmly bound unto the city and county of Honolulu, in the territory of Hawaii, in the penal sum of doll£.j-s ($ ), lawful money of the United States of America, for the pay- ment of which, well and truly to be made, we do bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of , 19 — . The conditions of this obligation are such that whereas the above- bounden was elected to the office of , of the city and county of Honolulu [or, district of (giving the name of the district of the city and county of Honolulu)], territory of Hawaii, on the day of Now therefore, if the said bounden shall faithfully perform all the duties of his said office as prescribed by law; shall safely keep all moneys which may come into his possession by virtue of liis said office ; shall promptly pay over to the person or persons legally authorized to receive the same all such moneys in the manner prescribed by law ; and shall deliver over to his successor in office all moneys lield by him as such officer, then this obligation to be null and void ; otherwise, to remain in full force and effect. [Signatures and seals.] [Justification of sureties.] Territory of Hawaii, City and County of Honolulu, — ss. and , parties to the above bond, being duly sworn, do depose and say, each for himself, that he is a resident and freeholder in said territory, and has property situated therein; and tliat he is worth the sum of dollars ($ ) over and above his debts and liabilities. [Signatures.] Subscribed and sworn to [etc.]. [Official signature.] Approved, . NOTE.— Hawaii, Rev. Code 1915, sec. 1674. No. 822. Bond of Public Officer— Hawaii. Know all men by these presents that we, , of , as principal, and and , of , as sureties, are held and firmly bound to the in the sum of dollars ($ ■), lawful money of the United States of America, for the payment of which, well and truly to be made, we do firmly bind ourselves, our lieirs, executors, and administrators, jointly and severally by these presents. Signed at , this day of , 19 — . i^^'orm 823 Cowdery's Form Book. 318 The condition of this obligation is such that whereas the above- bounden was, on the day of , 19 — , appointed or em- ployed as of the : Now therefore, if the said shall faithfully perform all the duties of his office, appointment, position, or employment v^hich are now or may hereafter be required, prescribed, or defined by law, or by any departmental rule or regulation made under the express or implied au- thority of any statute, or by any order, direction, or command of the head of the department, bureau, office, or service in which said obligor is engaged or employed, and all duties and acts undertaken, assumed, or performed by said obligor by virtue or color of his office, appoint- ment, employment, or position, and shall safely keep, promptly pay over to those legally entitled thereto, and faithfully account for all moneys which may come into his possession or control by reason of his undertaking, assuming, performing, or doing any of the aforesaid duties or acts, then this obligation shall be void; otherwise, it shall be and remain in full force and virtue, and may be enforced in any man- ner or by any proceedings authorized by law. [Signatures.] [Justification of sureties.] NOTE.— Hawaii, Rev. Code 1915, sec. 139. No. 823. Justification of Sureties on Official Bond — Hawaii. Territory of Hawaii, Island and County of , ss. and , being duly sworn, depose and say that they are resi- dents and freeholders within the territory of Hawaii, and are worth in the aggregate, in real property situated in said territory, dollars ($ ), the amount of the foregoing obligation, over and above all sums for which they are already liable. Subscribed and sworn to [etc.]. Approved, [Signatures.] [Official signature.] NOTE.— Hawaii, Bev. Code 1915, sec. 139. BOTTOIVERY. Bottomry Bond, No. 775. 319 Breach of Promise. Forms 824, 825 BREACH OF PROMISll. 824. Complaint for breach of promise of marriage. 825. Complaint for refusal to marry. No. 824. Complaint for Breach of Promise of Marriage. [Title of Court and Cause.] Mollie Lahey, plaintiff herein, by Jeremiah Mason, her attorney, com- plains of the defendant above named and for cause of action alleges, that on or about the first day of December, 1877, in consideration that the plaintiff, who was then sole and unmarried, at the request of the defendant, had then promised the said defendant to marry him; the said defendant, at said Washinf^ton City, promised to marry the said plaintiff at such time as she, the plaintiff, at defendant's request, should come from Washington City to the city of Portland, in Oregon. That in pursuance of such agreement to marry, the said plaintiff did, on or about the fifteenth of April, 1878, at the request of the defendant, come from said Washington City to Portland, Oregon, and that said defend- ant, at said last-named city, on or about the day last named, again promised and agi'eed to marry said plaintiff, on the twentieth day of IMay, 1878 ; and plaintiff avers that she, confiding in the promises of the said defendant, hath always from thence hitherto remained, and still is sole and unmarried, and has been for and during all the time afore- said, to wit, since the fifteenth day of April, 1878, until the marriage of the defendant hereinafter named, ready and willing to marry tlie said defendant, whereof the said defendant has always had notice; yet that the said defendant, not regarding his said promise, did, after the making of said promise, on or about the third day of June, 1878, wrong- fully marry one Mrs. Harvey (whose name is not more fully known to plaintiff), contrary to his said promise, whereby the plaintiff, as she avers, has sustained and is damaged in the sum of twenty-five thousand dollars. , Attorney for Plaintiff. NOTE.— Precedent in Latey v. Knott, 8 Or. 199. No. 825. Complaint for Refusal to Marry. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That heretofore, to wit, on the fifth day of June, 1917, at P., in consideration that the plaintiff, being then sole and unmarried, at the request of the said defendant, had then promised the said defendant to marry him, the said defendant, on request, the defendant promised to marry the plaintiff within a reasonable time [or, if a time certain was agreed upon, state the time]. 2. That the plaintiff, confiding in said promise, has ahvaj's since remained, and continued, and still is, sole and unmarried, and has Cowdery's Form Book. 32u been for and during the time aforesaid, and now is, ready and willing to marry the defendant. 3. That the defendant refuses to marry the plaintiff, although a rea- sonable time elapsed before this action [or, although she, on the twenty- fiftii day of June, 1917, requested him so to do], to her damage in the sum of forty thousand dollars. BUILDER'S CONTRACT. Builder's Contract, No. 1184. Building Contract, No. 1185. Building Contract, No. 1186. BY-LAWS. By-law8 of Corporation, No. 1322. CERTIFICATES. 841. Certificate of authority of notary or other officer. 842. Certificate of clerk to copy of minute order. 843. Certificate of clerk to copy of paper on file. 844. Certificate of authentication by clerk of court. 845. Certificate to copy of decree. 846. Certificate to signature and form of instniment. 847. Certificate of residence of partnership. 848. Certificate of election. 849. Certificate to signature. 850. Certificate of marriage. 851. Certificate of marriage — Another form, 852. Certificate to transcript on appeal. 853. Certificate to judgment-roll. 854. Certificate of service of jurors. 855. Certificate on motion to dismiss appeal. 856. Certificate of county clerk that person Issuing writ of attachment Is a justice of the peace. 857. Certificate to papers on transfer from justice's court to higher court. CROSS-REFERENCES. Certificate as to Amendment of Articles — Washington, No. 1327. Certificate as to Copy of Docket Entry — Justice's Court, No. 1591. Certificate as to Official Character of Magistrate, No. 466. Certificate of Agreement of Association^ — Washington, No. 1325. Certificate of Conviction — Justice's Court — Washington, No. 2233. Certificate of Change of Individual Doing Business Under a Fictitious Name, No. 1880. Certificate of Copartnership, No. 2S83a. Certificate of Copartnership Transacting Business Under Fictitious Name, No. 1882. Certificate of County Clerk That Person Issuing Writ of Attachment is a Justice of the Peace, No. 856. Certificate of Discharge of Mortgage or Deed of Trust Release (Statutory) — Wyoming, No. 3262. 321 Certificates. Form 841 Certificate of Identity of Claim, No. 2627. Certificate of Inheritance Tax Appraiser, No. 2132. Certificate of Legal Organization — Washington, No. 1326. Certificate of Levy of Attachment — Colorado, No. 592. Certificate of Levy of Execution — Colorado, No. 1G78. Certificate of Officer's Authority, No. 241. Certificate of Person Transacting Business Under Fictitious Name, No. 1881 Certificate of Proof of Will, No. 3968. Certificate of Proof of Will and of Facts Found — Another Form, No. 3969. Certificate of Proof of Lost W^ill, No. 3970. Certificate of Posting Notice of Application for Mining Patent, No. 2642. Certificate of Qualification of Attorney After Examination, No. 246. Certificate of Eedcmption, Nos. 1712, 1961. Certificate of Eejeetion of Will, No. 3971. Certificate of Residence of Partnership, No. 2885. Certificate of Sale of Corporate Stock Ordered by Court to be Sold, No. 1710. Certificate of Sale of Personal Property on Execution, No. 1708. Certificate of Sale of Eeal Property on Execution, No. 1707. Certificate of Sale on Foreclosure by Commissioner or Sheriff, No. 1960. Certificate of Secretary on Application for Dissolution, No. 1334. Certificate of Service of Jurors, No. 854. Certificate of Service of Subpoena in Civil Proceeding, No. 3449. Certificate of Service of Subpoena in Criminal Action, No. 3450. Certificate on Motion to Dismiss Appeal, No. 855. Certificate That Copy of Judgment is Correct, No. 2227. Certificate to be Attached to Summons to be Served Out of the County- Justice's Court, No. 3553. Certificate to Copy of Judgment, No. 2223. Certificate to Copy of Judgment, and as to Papers Constituting Judgment- roll, No. 2224. Certificate to Copy of Judgment of Imprisonment — Justice's Court, No. 2229. Certificate to Copy of Maritime Protest, No. 3159. Certificate to Papers on Transfer from Justice's Court to Higher Court, No. 857. No. 841. Certificate of Authority of Notary or Other Officer. State of , County of , ss. I, , a county clerk of the county of , state of , and clerk of the court of said county (which is a court of record), do hereby certify that , whose name is subscribed to the annexed in- strument, was, at the date of the same, and is now, a in and for said county, duly commissioned and qualified, and authorized by law to administer oaths and take acknowledgments of instruments, and full faith and credit are due to all his official acts as such. And I do further certify that I am acquainted with his handwriting, and believe that the signature attached to the annexed instrument is his proper signature and is genuine. In witness whereof I have hereunto set my hand and affixed the seal of the said count this day of , 191—. [Seal] , County Clerk. NOTE.— See Cal. Civ. Code, sec. 1194. Form Book — 21 Forms 8^2-844 Cowdery's Form Book. 322 No. 842. Certificate of Clerk to Copy of Minute Order. Office of the County Clerk, Of the City and County of San Francisco, — ss. I, W. A. S., county clerk of the city and county of San Francisco, and ex-officio clerk of the superior court thereof, do hereby certify the foregoing to be a full, true, and correct copy of the order appoint- ing J. R. administrator, with will annexed, of the estate of J. D., de- ceased, duly made and entered upon the minutes of the said court, and that I have compared the same with the original; that it is a correct transcript therefrom, and of the whole thereof. Dated . [Seal] [Signature.] No. 843. Certificate of Clerk to Copy of Paper on Tile. Office of the County Clerk of the County of , ss. I, , county clerk of the county of , in the state of , and ex-officio clerk of the court of the said county and state afore- said, liereby certify that I have compared the foregoing copy with the original complaint in the above-entitled action, filed in my office on the day of , 191—, and that the same is a full, true, and correct copy of such original, with the indorsements thereon, and of the whole thereof, and now on file in this office. Witness my hand and the seal of said court this day of , 19—. [Seal] > Clerk. By , Deputy Clerk. NOTE.— See Cal. Code Civ. Proc, sees. 1905, 1919-1922, 1924. No. 844. Certificate of Authentication by Clerk of Court. State of , County of , ss. I, clerk of the court in and for , the same being a court of record of said , and having by law a seal, do liereby certify that the Honorable , whose name is attached to the annexed affidavit, was, at the time of the taking of said affidavit, a member of the said court, which court then and there existed; and that I am well acquainted with his handwriting, and verily believe that the signature to the annexed affidavit is his genuine signature. In witness whereof [etc.]. rgean [Official signature.] 323 Certificates. Forms 845-847 No. 845. Certificate to Copy of Decree. State of , County of , ss. I, , county clerk of the county of , state of , and ex-officio clerk of the court of said county, hereby certify the forei^oing to be a full, true, and correct copy of the original decree in the above- entitled cause, filed in my office on the day of , 191 — , and that the same was entered of record on the day of , 191 — , in judgment-book , page . "Witness my hand and the seal of said court this day of , 19^. [Seal] , Clerk By , Deputy Clerk. NOTE.— Cal. Code Cir. Proc, sees. 1905, 1919, 1922, 1924. No. 846. Certificate to Signature and Form of Instrument. State of , County of , ss. I, , county clerk of the county of , state of , hereby certify that , before whom the annexed instrument was made, executed, and acknowledged, and who has thereunto subscribed his name, was at the time of so doing a in and for the said county, duly commissioned and sworn; that I am acquainted with his hand- writing, and believe that his signature to the said annexed instrument is genuine. I further certify that the said instrument, a deed, was made, executed, and acknowledged in accordance with the laws of the state of . In witness whereof I have hereunto set my hand and affixed the seal of the court of said county this day of , 19 — . [Seal] , Clerk. No. 847. Certificate of Residence of Partnersliip, State of California, City and County of San Francisco, — ss. A. B., C. D. and E. F., being sworn, say: That they are partners, doing business in several cities and counties in said state, under the firm name of "A. B., C. D. & Co." That the place of residence of said firm is the city and county of San Francisco, state of California, and is the place where service of summons may be made upon said firm. NOTE.— California, Code Civ. Proc, see. 1163. Forms 848-851 Cowdery's Form Book. 324: No. 848. Certificate of Election. United States of America. State of California, County of Butte, — ss. I, W. A. S., county clerk, in and for the city and county of San Francisco, in the state of California, do hereby certify that at a general election, held in and for said city and county of San Francisco, on the seventh day of September, one thousand nine hundred and seventeen, P. J. W. was duly elected to the office of sheriff in and for said county, as appears by the official returns of said election, and the statement of votes cast, now on file in my office. Dated . [Signature.] No. 849. Certificate to Signature. State of California, County of San Mateo, — ss. I, H. W.^ county clerk of the county of San Mateo, state of Califor- nia, hereby certify that G. W. F., before whom the annexed instrument was made, acknowledged, and executed, and who has hereunto sub- scribed his name, was at the time of so doing a notary public in and for the said San Mateo county, duly commissioned and sworn, and that his signature thereto is genuine. I further certify that the said instru- ment, a deed, is made, acknowledged, and executed in accordance with the laws of the state of California. Dated . [Signature.] No. 850. Certificate of Marriage. This certifies that the rite of holy matrimony was celebrated be- tween J. W. Y., of Sacramento, state of California, and M. M. S., of Redwood City, county of San Mateo, on the twenty-fifth day of December, one thousand nine hundred and seventeen, at the city and county of San Francisco, by me, J. C. P., justice of the peace of said city and county. Dated . [Signature.] No. 851. Certificate of Marriage — Another Form. This certifies that on the twenty-fifth day of January, in the year of our Lord, 1917, J. Y. and L. A. were by me united in marriage, at Unitarian Church, San Francisco, according to the laws of the state of California. [Signature.] 325 Certificates. Forms 852-855 No. 852. Certificate to Transcript on Appeal. [Title of Court and Estate.] I, W. A. S., county clerk of the city and county of San Francisco, state of California, and ex-officio clerk of the superior court, in and for the said city and county, hereby certify that I have compared the foregoing transcript with the original papers in the above-entitled action, now on file in my office, and with all orders therein made and entered on the minutes of said court, and that the said transcript is correct. I further certify, that a sufficient undertaking on appeal, in due form of law, was, on tlie tenth day of May, 1917, properly filed in said cause. In witness whereof [etc.]. [Seal] [Signature.] No. 853. Certificate to Judgment-roll. [Title of Court and Cause.] I, the undersigned, county clerk of the county of San Mateo, state of California, and ex-officio clerk of the superior court of said county, do hereby certify the foregoing to be a full, true, and correct copy of the judgment entered in the above-entitled action, and recorded in Judgment Book C, of said court, at page 174. And I further certify that the foregoing papers, hereto annexed, constitute the judgment-roll in said action. [Dated] [Seal] [Signature.] No. 854. Certificate of Service of Jurors. In the Superior Court of the County of San Luis Obispo, State of California. I hereby certify that J. H. H. was summoned and served as a grand juror of said superior court during the month of August, 1917, and. that there is due him for such services for Mileage $ G.OO Per diem 24.00 Total $30.00 Dated . [Signature.] NOTE.— California, Pol. Code, sees. 4344-4346. No. 855. Certificate on Motion to Dismiss Appeal. I, William Harney, county clerk of the city and county of San Fran- cisco, and ex-officio clerk of the superior court in and for said city and county, do hereby certify as follows, viz. : That judgment of dismissal was rendered and entered in this action in favor of defendants, together with defendants' costs and disbursements incurred in said cause, amount- Forms 856, 857 Cowdery's Form Book. 326 ing to the sum of nineteen dollars and seventy-five cents, on the 28th day of July, A. D. 1870. That on the 19th day of January, A. D. 1871, plaintiffs filed a notice of appeal in said cause, wherein they appealed to the supreme court of the state of California, from the said judgment therein made and entered on the 28th day of July, A. D. 1870, in favor of defendants and against plaintiffs, and from the whole thereof, and that said notice of appeal was served upon the respondent on the 19th day of January, 1871, as appears from the indorsement thereon in the following vrords and figures: "Service of within made on plaintiff this 19th Januarj^, 1871. Pringle & Pringle, attorneys for plaintiff. ' ' That an undertaking on appeal, in due form of law, was filed in said cause on the 19th day of January, A. D. 1871. That no statement on appeal has been filed in said cause. That the appellants have not requested the clerk of said court to make or to certify to, a correct transcript of the record in said cause. In witness whereof [etc.]. [Signature.] NOTE.— Precedent in Gross v. Cassin, 43 Cal. 27. In this case the court said: "Many of the certificates presented to this court are radically de- fective, and the above certificate is inserted in order to give the clerk and counsel a convenient and accurate form." No. 856. Certificate of County Clerk That Person Issuing Writ of Attachment is a Justice of the Peace. [Title of Court and Cause.] State of California, County of Butte, — ss. I hereby certify that on the 3d day of June, A. D. 1917, A. B. C, whose name is signed to the writ of attachment to which this instru- ment is attached, was an acting justice of the peace of the county of Butte, state of California. [Signature.] NOTE.— California, Code Civ. Proc, sec. 868. No. 857. Certificate to Papers on Transfer from Justice's Court to Higher Court. [Title of Court and Cause.] To the County Clerk of the County of Nevada, State of California: I hereby certify that the accompanying papers in the above-entitled action constitute the pleadings and other papers therein, to wit: The complaint and indorsements thereon; th.c summons and return of ser- vice indorsed thereon; the defendant's demurrer to the complaint; the defendant's answer to said complaint. Transferred from this court because the title to real property is involved. [Signature.] NOTE.— California, Code Civ. Proc, sec. 838. 327 Certiorari. Fonn 858 CERTIORARI. 858. Application for writ of certiorari. 859. Order for writ of certiorari to issue. 860. Writ of certiorari. No. 858. Application for Writ of Certiorari. In the Supreme Court of the State of California. State of California, City and County of San Francisco, — ss. A. B. C, liaving first been duly sworn, deposes and says: 1. That heretofore, to wit, on September 18, 1915, a complaint was made and filed in and with the clerk of the police court of the city and county of San Francisco, state of California, and in Department No. 4 thereof, in which D. E. F. then presided and still presides as the judge thereof, of which complaint the following is a copy : [Title of Court and Cause.] [Then set out in full the complaint, or other proceeding, part or all of the subject, etc., to be reviewed, including verification, if any, in- dorsements and record marks.] That under and on said complaint process was duly issued, and de- ponent (who is the A. B. C. in said complaint named) arrested and brought before said court and department, and the matter of said complaint against him set for trial therein. On the 20th day of Novem- ber, 1915, the said matter of said complaint came on for trial in said court and department and before said D. E. F., as the judge thereof, and deponent having challenged the sufficiency of said complaint as not showing that any public offense had been by him committed, and that challenge having been by said court and judge thereof then and there denied (and it was so denied), pleaded not guilty to the charge in said complaint made. Thereupon the trial of deponent upon said charge in said complaint made was had in said court and before said judge thereof (a jury trial having been waived), and, after hearing the evidence intro- duced (and evidence was so introduced) against and by deponent, the said court and judge thereof found and adjudged deponent guilty of said charge, and after denying deponent's motion in arrest of judgment then and there by him made, namely, on November 23, 1915, sentenced him to pay a fine of one hundred dollars, or, in lieu of said payment, to be iraprisonp.d in the coimty jail of said city and county for a period of fifty days, unless said fine was sooner paid. Said finding and sen- tence was thereupon duly entered in said police court as the judgment thereof in the said matter of said complaint against this deponent. 2. Thereafter, to wit, on November 24, 1915, deponent served upon the district attorney of said city and county, and filed with the clerk of said police court and department thereof, his, deponent's, notice of uppeal to the superior court of said city and county of San Francisco Form 858 Cowdery's Form Book. 328 from and to the effect that he did appeal to said superior court from said judgment of said police court and from the whole thereof. That thereafter, to wit, on November 25, 1915, the deponent prepared and the said judge of said police court settled and allowed and filed v/ith the clerk of said police court, the statement of said ease against de- ponent in said police court required, and as required by law, and of which said statement the folloAving is a copy: [Title of Court and Cause.] [Then set out the statement of the case above referred to, and ordi- nance, statute, order, etc., to which objection is made.] Immediately upon conviction defendant made a motion for a new trial ujoon the grounds, first, that the verdict of the court (a jury trial having been waived) is contrary to the evidence; and also upon the ground, second, that the verdict is contrary to law. Motion denied. Exception taken. On November 24th, defendant was, upon said conviction sentenced to pay a fine of $100, and to be imprisoned in the countj'^ jail for a period of fifty days, unless said fine was sooner paid. The evidcn.-'O established the facts to be as follows : [Set out the facts in full, and omit all evidence upon which the facts depend.] (Signed) A. L., Attorney for Defendant. [Then insert the judge's certificate settling the statement.] That all of said matters so contained in said statement of the case are true, and are herein repeated and affirmed, and prayed to be taken and considered as herein newly and independently pleaded as part of this deponent's application for a writ of review. 3. That thereupon the said appeal of deponent to said superior court from said judgment of said police court was duly perfected as by law required, and the record thereof on such appeal by law provided sent to and filed in said superior court. 4. Thereafter the said appeal and the matter thereof was presented and heard in and by said superior court, and before three judges thereof sitting in bank, this deponent (there the appellant) challenging vari- ously and fully the validity of said ordinance upon which said com- plaint in said police court was based, and asking that said judgment of said police court be reversed and said complaint against deponent dis- missed. Nevertheless the said superior court, so sitting in bank as aforesaid, thereafter, to wit, on December 21, 1915, rendered its judg- ment on said appeal, affirming, and whereby it afiirmed, said judgment of said police court. 5. That thereupon a copy of the order of said superior court affirm- ing said judgment of said police court was remitted to said police court and filed with the clerk tliereof, and tliereafter, to wit, on December 23, 1915, said police court and said D. E. F., as the judge thereof, made 329 Certiorari. Form 853 and entered an order therein in the matter of the said complaint against this deponent that said judgment of said police court of November 24, 1915, having been by said superior court affirmed on appeal to it, be carried into effect, and that deponent pay said fine of one hundred dol- lars, or be imprisoned in said county jail for a period of fifty days, ur.loss said fine had been sooner paid. Said judgment now exists as above stated, not reversed, vacated nor set flside, and said fine has not been paid nor said term of imprisonment yet enforced. Said superior court, in rendering its decision on said appeal made to it as aforesaid, suggested and recommended that the questions of law therein and here involved and raised be presented to and passed upon by this court under a writ of review, as is hercina.ter prayed. And deponent now says and represents to this court that said police court and said D. E. F., as the judge thereof, has, in rcnd'^ring and entering said judgment against deponent, acted without and in excess of the jurisdiction of said court and judge, in tliat the matters stated in and charged by said complaint to have been committed by this de- ponent were not, and do not, constitute a public or criminal or other offense — the ordinance of the board of supervisors of said San Fran- cisco, purporting to make the [state the act constituting the crime] in said San Francisco such an offense, and under the provisions of which said complaint was made, and said judgment given being invalid and beyond the power of said board of supervisors to enact, especially in this : a. The power and jurisdiction in said ordinance attempted to be exer- cised has not been, by constitution or statute, granted to said board of supervisors, nor is it inherent in said board as a municipal corporation or otherwise. b. Said ordinance is in conflict with the general laws of this state. c. Said ordinance is unreasonable, in that it would operate an un- necessary restriction upon the [here state fully and separately how the lavv Avould operate to injure the person or property of the petitioner, and conclude as follows:] Deponent further says that he has exhausted his right of appeal from said judgment of said police court, and judge thereof, without redress, as hereinbefore stated; and that said judgment and sentence thereunder will be carried into effect and deponent fined or imprisoned as said judgment requires, unless said judgment and proceedings leading thereto be reviewed by this court. Deponent applies to this court in tlie first instance for such review, because the superior court of said city and county of San Francisco has, while sitting in bank on the said appeal as aforesaid, passed upon all the questions of law involved in the review here sought, adversely to deponent, and an application in the first instance to said superior court lor a writ of review of said judgment and proceedings of said police court and judge thereof would be an idle and useless proceeding. Forms 859, 860 Cowdery's Form Book. 330 Deponent therefore prays that said D. E. F., as the yadge of said police court and department thereof, be by the court required to certify to this court at a specified time and place a full transcript of the record and proceedings leading up to and including said judgment, and sen- tence thereunder for review herein^ and that thereupon the court review and annul the same. Also that the said sentence and proceedings thereunder be in the meantime stayed. [Verification.] NOTE.— California, Code Civ. Proc, sees. 1067-1077. No. 859. Order for Writ of Certiorari to Issue. [Title of Court and Cause.] On reading and filing herein the affidavit and application of A. B. C. for a writ of review to be issued by this court to D. E. F., as judge of the police court of the city and county of San Francisco, state of Cali- fornia, requiring him to certify to this court a transcript of the record and proceedings in the matter of the "People etc. vs. A. B. C," in said affidavit mentioned, on the ground therein stated that in said proceed- ings against said A. B. C. the said police court and judge thereof acted without and in excess of their jurisdiction, it appearing from said affi- davit that the writ therein prayed for should be issued; It is ordered that a writ issue out of and under the seal of this court addressed to D. E. F., as judge of tlie police court of the city and county of San Francisco, state of California, commnnding him to certify and return to this court at its session in said city and county of San Francisco on the 3d day of June, 1917, at 10 o'clock A. M., a full and complete transcript of the record, judgment and proceedings in that certain matter pending in said police court, entitled "People of the State of California vs. G. R. F.," to the intent that the same be re- viewed by this court as to said claim of said petitioner that said pro- ceedings and judgment in said matter was without or in excess of the jurisdiction of said police court and of said judge thereof. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1067-1077. No. 860. Writ of Certiorari. [Title of Court and Cause.] The People of the State of California, to J. C. P., Justice of the Peace in and for said City and County: Whereas, it manifestly appears to us by the affidavit of J. P., the party beneficially interested, that in a certain action pending before you, against J. H. and J. P., at the suit of said J. P. against H. and P., you, exercising judicial functions, have exceeded your jurisdiction, and that there is no appeal nor any other plain, speedy, and adequate remedy; and being therefore willing to be certified of the said action or proceedings : 331 Change of Name. Form 860a "We therefore command you, that you certif}'^ ^ully and send to our superior court of the city and county of San Francisco, Department No. 1, at the courtroom thereof, in the city and county of San Fran- cisco, on the tenth day of November, 1916, a transcript of the record and proceeding in the action aforesaid, to wit: [The complaint, sum- mons, demurrer of defendant to the complaint, the order overruling the said demurrer, and the judgment of the court.] "With all things touch- ing the same as fully and entirely as it remains before you, by what- soever names the parties may be called therein, that the same may be reviewed by our said superior court, and in the meantime we command and require the said J. C. P., justice of tlie peace, and his court, to desist from further proceedings in the matter so to be reviewed. NOTE. — Alaska, Comp. Laws 1913, sec. 1374 et seq.; Arizona, Eev. Stats. (Civ. Code 1913), sec. 1495; California, Code Civ. Proc, sees. 1070, 1071 Colorndo, Mill's Ann. Code 1912, sec. 300; Hawaii, Eev. Code 1915, see. 269S Idaho, Eev. Codes 1907, sec. 4305; Moutaua, Eev. Codes 1907, sec. 7502 Nevada, Eev. Laws 1912, sec. 5687 et seq.; North Dakota, Comp. Laws 1913, sec. 8447; Oregon, Lord's Oregon Laws, sec. 607 et seq.; South Dakota, Comp. Laws 1913, see. 5507 et seq.; Utah, Comp. Laws 1907, sec. 3633; Washington, Eem. Code, sec. 1003 et seq. CHANGE OF NAME. See Corporations. 860a. Order to show cause on application for change of name. No. 860a. Order to Show Cause on Application for Change of Name. In the Superior Court of the State of California, in and for the City and County of San Francisco. — Dept. No. 10. In the Matter of the Application for Change of Name of •. Whereas, has filed his petition with the clerk of this court for permission to change his name from to , and Now, therefore, it is hereby ordered that all persons interested in the matter aforesaid appear at Department No. 10 of the said superior court, at the City Hall, San Francisco, California, on the third day of July, 1917, at the hour of 10 o'clock A. M. of said day, and then and there to show cause, if any they may have, why said application should not be gi-anted. It is further ordered that a copy of this order to show cause be pub- lished in "The Recorder," newspaper of general circulation, published in the city and county of San Francisco for four successive weeks next preceding the date set for the hearing thereof. Dated, , 19—. ■ , Judge of the Superior Court. Forms 861, 862 Cowdeey's Form Book. 332 CHANGE OF PLACE OF TRIAL. 861. Notice of motion for change of place of trial. 862. Motion for change of place of trial. 863. Demand for change of place of trial. 864. Affidavit of residence and of m-erits for change of place of trial. 865. Affidavit for change of venue. 866. Affidavit of merits on motion for change of venue. 866a. Stipulation transferring ca.se. 8661). Affidavit for change of place of trial on account of bias or prejudice of citizens — Justice's court. 866c. Affidavit for change of place of trial because of justice being a wit- ness — Justice's court. 866d. Affidavit for change of place of trial on ground of interest, prejudice or bias — Justice's court. 866e. Order transferring proceedings on account of disqualification of judge. 866f. Petition for retransfer of proceedings. 866g. Order transferring proceedings back to original court. 866h. Order transferring cause — Justice's court. 866i. Notice of transfer, and of time and place of trial. No. 861. Notice of Motion for Change of Place of TrlaL [Title of Court and Cause.] To , as executrix of the last will and testament of , deceased, plaintiff, in the above-entitled action, and to , attorney for plaintiff : You will please take notice, that the defendant, , will move the above-entitled covirt at the courtroom thereof in the county courthouse of the county of Santa Clara, state of California, on the day of , 19_^ at the hour of o'clock, — M.^ of said day, or as soon there- after as counsel can be heard, for an order chan^ng the place of trial of the above-entitled action to the city and county of San Fran- cisco, state of California, to be tried in the superior court of the state of California, in and for said city and county. Said motion will be made upon affidavits, which are herewith served upon you, and upon the demand for change of place of trial served herewith, and upon the papers and files in the cause, and this notice, upon the following grounds: That the defendant is a nonresident of the county of Santa Cruz, state of California, and that the defendant has demanded that the place of trial of said action be changed to the city and county of San Fran- cisco, state of California, the place of residence of said defendant. Dated , 19—. , Attorney for Defendant. No. 862. Motion for Change of Place of Trial. [Title of Court and Cause.] Now comes the defendant in the above-entitled action, and moves the court that an order be made changing the place of trial of tlie above- entitled action from the county of Santa Cruz, state of California, to 333 Change of Place of Trial. Fornri 863, 86i the city and county of San Francisco, state of California, for the follow- ing reasons, and upon the following grounds, to wit : That defendant, , does not reside in the county of Santa Cruz, state of California, and at the time of the commencement of this action was, and ever since has been, and now is, a resident of the city and county of San Francisco, state of California; That said defendant has filed herein with this motion an affidavit of merits, and has demanded that this action be transferred for trial to the city and county of San Francisco, state of California, and also has filed herein an affidavit showing the residence of said defendant as above set forth, and has served upon the opposing counsel notice of this motion, which said notice sets forth that this motion will be called for hearing on the day of , 19 — , at the hour of o'clock, — M. of said day. Dated , 19—. , Attorney for Defendant. No. 863. Demand for Change of Place of Trial. [Title of Court and Cause.] To the Superior Court of the State of California, in and for the county of Santa Cruz, and to , attorney for plaintiff: I hereby demand that the place of trial of this case be changed to the proper county, viz., the city and county of San Francisco, state of California. Dated , 19—. Residing at the City and County of San Francisco, State of California. , Attorney for Defendant. No. 864. Affidavit of Residence and of Merits for Change of Place of Trial. [Title of Court and Cause.] , being duly sworn, says : That he is the defendant in this action ; that he was at the commencement of this action (and now is) a resident of the county of , in the state of , and not a resident of the county in which this action was commenced ; that he has fully and fairly stated the ease of , his counsel, who resides at , in the state of , and that he was thereupon and is advised by his said counsel, and verily believes, that he has a good and substantial defense on the merits to the action, and that for the reason said county is the proper county for the trial of said action, he makes his demand herein for a change of the place of the trial of said action to said county. [Jurat.] Forms 8G5-866a Cowdery's Form Book. 334 No. 865. Affidavit for Change of Venue. [Title of Court and Cause.] State of California, County of Santa Barbara, — ss. Charles Bradley, being first duly sworn, deposes and says that he is the defendant in the above-entitled action; that he now is and at the time the above-entitled action was commenced, and for twenty years prior thereto had been a resident of the county of Santa Barbara, state of California, and was such resident when the summons in said action was served on him, which service was in said Santa Barbara county; that I have fully and fairly stated the case in this action, and fully and fairly stated all the facts relating to such action, to my counsel and attorney in said action, B. F. Thomas, an attorney at law, residing in the city and county of Santa Barbara, state of California, and after such statement to my said attorney I am advised by him that I have a good, substantial, and complete defense on the merits of said action. Charles Bradley. NOTE.— Precedent in Watt v. Bradley, 95 Cal. 416. No. 866. Affidavit of Merits on Motion for Change of Venue. [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. J. WaiTcn Cox, being sworn, says he is one of the defendants in the above-entitled action; that he is as well acquainted Avith the facts as the codefendant is; that he has fully and fairly stated the case in this action to William H. Patterson, who resides in San Francisco, afore- said, and who is defendant's counsel herein; and after such statement he is advised by his said counsel, and verily believes, that the defendant has a good and substantial defense to the merits in this action; that it is bona fide the intention of the defendant to defend the same. [Signature.] Subscribed and sworn to [etc.], NOTE.— Precedent in Francis v. Cox, 33 Cal. 324. No. 866a. Stipulation Transferring Case. [Title of Court and Cause.] It is hereby stipulated that the above-entitled action may be trans- ferred to the superior court of the county of Yuba because of the dis- qualification of the judge of the above-entitled court in which said action is pending. [Signatures.] 335 Change of Place of Trial. Forms 866b, 866c NOTE. — If an action or proceeding is commenced or pendir.g in a court and the judge or justice thereof is disqualified to try the case, it may be transferred to a court the parties may agree upon by stipulation in writ- ing, or made in open court and entered upon the minutes: Cal. Code Civ. Pro'c, sec. 398. No. 866b, Affidavit for Change of Place of Trial on Account of Bias or Prejudice of Citizens — Justice's Court. [Title of Court and Cause.] State of California, County of Butte, — ss. J. B., being duly sworn [as in the preceding] : That a jury trial has been demanded by the plaintiff in this action; that he believes that he cannot have a fair and impartial trial in the township and court before which the summons herein is made returnable, on account of the bias and prejudice of the citizens of said township against him. Subscribed and sworn to [etc.]. [Signature.] NOTE. — California, Code Civ. Proc, sees. 833-838. No. 866c. Affidavit for Change of Place of Trial Because of Justico Eein:? a V/itness — Justice's Court. [Title of Court and Cause.] State of California, County of Butte, — ss. J. B., being duly sworn, says: That he is the defendant in the above- entitled action; that S. C, the justice of the peace before whom the summons herein is made returnable, will be a material witness for the defendant herein at the trial of said action; that this action is one fomided on a promissory note made by defendant and payable to plain- tiff; that the only defense to said action is part payment of said note by defendant; that defendant expects to prove by the said S. C, that he, the said S. C, saw defendant pay plaintiff the sum of one hundred dollars, after said note was due, and heard him direct plaintiff to apply said payment on said note, and lieard plaintiff promise defendant that he would apply said payment as directed; that no other person except plaintiff, defendant, and said S. C, was present when said payment was made, and defendant is informed and believes, and therefore avers, that plaintiff disputes said payment. [Signature.] Subscribed and sworn to [etc.]. JSrOTE.— California, Code Civ. Proc, sees. 833-838. Fomis 866d-866f Cowdery's Form Book. 336 No. 866d. Affidavit for Change of Place of Trial on Gound of Interest, Prejudice or Bias — Justice's Court. [Title of Court and Cause.] State of California, County of Butte, — ss. J. B., being duly sworn, says : That he is the defendant in the above- entitled action; that he believes that he cannot have a fair and impar- tial trial before S. C, Esq., the justice of the peace before whom tl:e summons herein is made returnable, by reason of the [interest, preju- dice, or bias of said justice] interest of said justice in the result of said action. [Signature.] Subscribed and sworn to [etc.]. NOTE. — "When the justice is a witness, when a fair trial cannot be had before the justice, and when a jury is demanded and an affidavit shows that a fair trial cannot be had on account of bias or the prejudice of the people, etc., the place of trial may be changed: California, Code Civ. Proc, sec. 833. No. 866e. Order Transferring Proceedings on Account of Disaualifica- tion of Judge. [Title of Court and Estate.] It appearing that proceedings are pending in this court for the administration of the estate of , deceased, and that there is no judge of this court qualified to act in the matter of said estate, for the reason that all of the judges of said court are next of kin to said de- ceased: It is therefore ordered that the proceedings in the matter of said estate be transferred to the superior court of the state of , in and for the county of ; and the clerk of this court is hereby ordered and directed to transmit to the clerk of that court a certified copy of this order, and all papers on file in his office relating to said estate. Dated , 19—. , Judge of Superior Court. No. 866f. Petition for Retransfer of Proceedings. [Title of Court and Estate.] To the Honorable Superior Court Aforesaid: The petition of respectfully represents that on , 19 — , pro- ceedings in the above-entitled case were commenced in the superior court of the state of California, in and for the county of . That on , 19—, all of tlie judges of that court being disqualified to act in the matter of said estate, that court made the following order: "It appearing that proceedings are pending in this court for the administration of the estate of , deceased, and that there is no judge of this court qualified to act in the matter of said estafe, for the reason that all of the judges of said court are next of kin to said deceased: 337 Change of Place of Trial. Forms 866g, 866h "It is therefore ordered that the proceedings in the nialter of said estate be transferred to the superior court of the state of California in and for the county of ; and the clerk of this court is hereby ordered and directed to transmit to the clerk of that court a certincd copy of this order, and all papers on file in his office relating to said estate." Tliat on , 19 — , was appointed a judge of said court, and now is a duly qualified and acting judge of said court; and that said is qualified in every respect to act as judge in the matter of said estate. That the convenience of the persons interested in said estate Avill be promoted by the transfer of the proceedings of said estate back to tlie said superior court of the county of , where they were commenced. Wlierefore your petitioner prays that said proceedings be transferred bar^k to the superior court of county. Dated , 19—. • , Petitioner. , Attorney for Petitioner. No. 866g. Order Transferring Proceedings Back to Original Court. [Title of Court and Estate.] The proceedings in the above-entitled estate having been transferred to this court from the superior court of the state of California, in and for county, by an order made , 19 — , because of the disquali- fication of the judges of that court to act in said proceedings; and such disqualification having since been removed as to one of the judges of that court, to wit, Honorable ; and it appearing that the con- venience of the parties interested in said estate will be subserved by the retransfer of said proceedings to that court: It is therefore ordered that the proceedings in the matter of the above-entitled estate be transferred back to said superior court of ■ county; and the clerk of this court is hereby ordered and directed to transmit to the clerk of that court a certified copj'^ of this order, and all the original papers on file in his office relating to said estate. Dated , 19—. , Judge of Superior Court of County. No. 866I1. Order Transferring Cause — Justice's Court. [Title of Cause.] The justice of this court being sick and unable to act, the above- entitled cause is hereby transferred to , justice of townsliip, for trial. The costs in this court to abide the event of the suit. Dated , 191—. , Justice of the Peace of Township. Form Book — 22 Form 866i Cowdery's Form Book. 338 NOTE. — A cans© may be transferred from a justice's court to a court the parties may agree upon; but if they do not so agree, then it must go to another justice's court in the same county: See Cal, Code Civ. Proc, see. 835. No. 866i. Notice of Transfer, and of Time and Place of Trial. [Title of Cause.] To , the Plaintiff in the Above-entitled Action, and , the Defendant in said Action. You will please take notice that the said action has been transferred to the above-entitled court from the justice's court of township, county of , state of , and is set for trial before me at my office in township, in said county, on , the day of , 191 — , at o'clock A. M. of said day. Dated , 191—. , Justice of the Peace of said Township. NOTE.— See Cal. Code Civ. Proc, sees. 398, 833, 836, 850. CHARITABLE BEQUESTS. See WiUa. Charitable Bequests, No. 3914. CHARTER-PARTY. Charter of Vessel for Term, No. 1200. Charter of Vessel for Voyage, No. 1201. CHATTEL MORTGAGE. See Foreclosure of Mortgages; Mortgages. Chattel Mortgage — General Form, No. 2715. Chattel Mortgage — North Dakota, Oklahoma and South Dakota, No. 2721. Chattel Mortgage— Statutory Form— California, No. 2717. Chattel Mortgage to Secure Performance of Lease, No. 2719. CITATIONS. 867. Order for citation to administrator to account. 868. Citation to show cause. 869. Citation to executor on petition of heir for partial distribution. 870. Citation to banker to appear and answer as to unclaimed deposit. 871. Answer and demurrer to citation to savings bank. CEOSS-REFERENCES. Citation on Application to Revoke Probate, No. 39S1. Citation to Administrator to Show Cause Why He Should not Give Further Security, No. 1792. Citation to Administrator to Show Cause Why Letters Should not be Re- voked, No. 1818. 339 Citations. Forms 867, 868 Citation to Banker to Appear and Answer as to Unclaimed Deposit, No. 870. Citation to Executor on Petition of Heir for Partial Distribution, No. 869. Citation to Show Cause, No. 868. No. 867. Order for Citation to Administrator to Account. [Title of Court and Cause.] More than six months having expired since A. B. was appointed administrator of the estate of C. D., deceased, and he having failed to ren- der an exhibit under oath as directed by law; it is ordered that a cita- tion issue commanding him to render such exhibit within ten days from the date of service of said citation. NOTE. — A court or judge must cause a citation to issue under such cir- cumstances: Arizona, Eev. Stats. (Civ. Code 1913), sec. 996; Idaho, Rev. Codes 1907, sees. 5588, 5589; Montana, Rev. Codes 1907, sees. 7635, 7636; Nevada, Rev. Laws 1912, sec. 6043; North Dakota, Comp. Laws 1913, sec. 8824; Oregon, Lord's Oregon Laws, sec. 1283; South Dakota, Comp. Laws 1913, sec. 5890; Washington, Rem. Code, sees 1551, 1552. No. 868. Citation to Show Cause. [Title of Court and Estate.] The People of the State of California to F. W. and H. W., Greeting: By order of this court, you are hereby cited and required to appear before the judge of this court, at tlie courtroom thereof, at the City Hall, in the city and county of San Francisco, on Saturday, the tenth day of December, 1917, at eleven o'clock in the forenoon of that day, then and tlicre to show cause, if any you have, why M. J., the mother of said minors, W. J., C. J., and E. J., children of T. J., late of said city and county, deceased, should not be appointed the guardian of the persons and estates of the said minors. Witness, the Honorable J. F. F., judge of the said superior court in and for the city and county of San Francisco, state of California, with the seal of said court affixed, this the third day of December, 1917. [Seal] [Signature.] NOTE. — In California, a citation must be directed to the person to be cited, signed by the clerk, and issued under the seal of the court, and must contain: 1. The title of the proceeding; 2. A brief statement of the nature of the proceeding; 3. A direction that the person cited appear at a time and place specified. It may be issued by the clerk upon the application of any party without an order of the judge, except in cases in which such order is by law expressly required. It must be served in the same manner as a summons is served: Code Civ. Proc, sees. 1707, 1709, 1710. If neces- sary, a citation may be served by publication in like manner of a summons: Trumpler v. Cotton, 109 Cal. 250. Alaska, Comp. Laws 1913, sec. 1642; Arizona, Rev. Stats. (Civ. Code 1916), sees. 1076, 1077, 1079; California, Code Civ. Proc, sees. 1707, 1709, 1710; Idaho. Rev. Codes 1907, sees. 5658-5600; Montana, Rev. Codes 1907, sees. 7705-7708; Nevada, Rev. Laws 1912, sec. 247; North Dakota, Comp. Laws 1913, sees. 85.^4, 8551 et seq. ; Oregon, Lord's Oregon Laws, sec. 1186; Forms 869, 870 Cowdery's Form Book. 340 South Dakota, Comp. Laws 1913, sees. 5681, 5731, 5735, 5740, 5890, 5952, 5953; Utah, Comp. Laws 1907, sec. 4034; Washington, Rem. Code, sec. 1281; Wyoming, Comp. Stats. 1910, sec. 5460 et seq. No. 869. Citation to Executor on Petition of Heir for Partial Distribu- tion. [Title of Court and Cause.] J. C. R., Executor of the Will of S. D., Deceased, Greeting: You are hereby cited to be and appear in our superior court of the city and county of San Francisco, at the courtroom of Department No. 10 — Probate — thereof, a't the City Hall, in said city and county of San Francisco, on Monday, the 29th day of May, A. D, 1917, at 10 o 'clock, A. M., of that day, then and there to show cause, if any you have, why the petition of M. G. S. for a partial distribution to him of the estate of the said S. D., should not be granted. [Seal] [Signature.] NOTE.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 1028; California, Code Civ. Proc, sec. 1659; Idaho, Rev. Codes 1907, sec. 5622; Montana, Rev. Codes 1907, sec. 7665; Nevada, Rev. Laws 1912, sec. 6065; Oregon, Lord's Oregon Laws, sec. 1306; Utah, Comp. Laws 1907, sec. 3948; Washington, Rem. Code, sec. 1580. No. 870. Citation to Banker to Appear and Answer as to Unclaimed Deposit. [Title of Court and Cause.] The People of the State of California, to the C. S. and L. S., its Presi- dent, Secretary, Cashiv^r, Treasurer, or Other Officer or Officers Having Charge and Custody of Its Books, Registers or Papers Containing Name3, Signatures, or Other Marks of Identification of Its Depositors, Greeting: You are hereby cited to be and appear in our superior court of the city and county of San Francisco, at the courtroom of Department No. 2 — Probate — thereof, at the City Hall, in said city and county of San Francisco, on Tuesday, the 21st day of February, A. D. 1917, at 9:45 o'clock A. M. of that day, then and there to show cause, if any you have, wliy an order of this court sliould not be made requiring you to deliver to W. A., as administrator of the estate of the above- named A. A., deceased, such sum as may be due and unpaid on a cer- tain deposit made in the said C. S. and L. S. by a person of that name, either under said name or under the name of A. M. or A. M. A., amounting to $1,251.46, or thereabouts; and then and there to bring and have with you any and all books, registers and papers of said society containing any entry or entries referring to said A. M., or A. M. A., and to be examined on oath concerning the same. Dated, . [Seal] [Signature.] NOTE.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 864; California, Code Civ. Proc, sec. 1461; Idaho, Rev. Codes 1907, sec. 5434; Montana, Ber. 341 Claim. Form 871 Codes 1907, sec. 7507; Nevada, Rer. Laws 1912, sec. 5955; North Dakota, Comp. Laws 1913, sec. 8919; Oregon, Lord's Oregon Laws, sec. 1189; Wash- ington, Rem. Code, sec. 1463; Wyoming, Comp. Stats. 1910, sec. 556. No. 871. Answer and Demurrer to Citation to Savings Bank. [Title of Court and Cause.] Now comes the C. S. and L. S., and responding to the citation issued in the above-entitled matter and addressed to the respondent : 1. Here it ajipears, and by its secretary produces for inspection all books and papers in the possession or control of said respondent eon- taining any entry referring to A., A. M., or A. M. A., and is ready to be examined on oath, or otherwise, concerning the same. 2. As to any and all other requirements of said citation, said re- spondent objects and demurs thereto, and saj^s that tliis court has no right, authority or jurisdiction in said matter of said estate to make said requirements, or any or either of them, this respondent here claim- ing the right to have a determination of all the matters of said other requirements, namely, as to its rights and obligations under the alleged deposit of moneys by A. A., with respondent, as a savings bank, made and adjudicated by a court of law or equitj'^ in such action or proceed- ing as will be finallj' determinative of the said rights and obligations of respondent in respect to or growing from said alleged deposit with it, and protect this respondent in complying with the final determina- tion and adjudication of such court in such action. And this respondent hereby demurs to all and all parts of the peti- tion of W. A., upon which said citation was issued and is based, save that alleging that respondent has books containing entries tending to disclose the identity of A. A. as a depositor of respondent S. S., with the deceased, in whose estate said petition is filed and asking the pro- duction and inspection of said books, upon the grounds : 1. That this court in this proceeding has no jurisdiction of the person of this respondent, nor of the subject of said parts of said petition. 2. That said parts of said petition and the allegations thereof do not constitute a cause of action herein against this respondent, nor sliow any cause for the relief by said parts of said petition sought and prayed for. Wherefore respondent asks that said citation and the order to show cause therein contained be discharged. [Signature.] CLAIM. See Bankruptcy; Creditors' Claims. Claim Against Bond Given on Contract for Public Work — Washington, No. 2511. Claim for Mechanic's Lien — Washington, No. 2509. Claim of Lien. See Ijiens. Creditor's Claim — Contingent, No. 1396. Cowdery's Form Book. 342 CLAIM AND DELIVERY. 882. Complaint in claim and delivery. 883. Answer to complaint in claim and delivery. 884. Affidavit on claim and delivery of personal property. 885. Undertaking on claim and delivery. 886. Undertaking for delivery of property to plaintiff — Oregon. 887. Requisition to take property from defendant. 888. Order for delivery of property to plaintiff — Oregon. 889. Notice of exception to sufficiency of sureties. 890. Officer's return of property delivered to plaintiff. 891. Usauisition to return property to defendant. 892. Undertaking for return of property to defendant. 893. Officer's return of property returned to defendant. 894. Affidaint to claim of property by third person. 895. Undertaking to indemnify officer against claim of third per-son. 896. Judgment for possession of personal property and damages. 897. Judgment for value of personal propeity. 898. Judgment for return of property to defendant. 899. Judgment for damages in lieu of return of property. 900. Execution for the delivery of property — Oregon. 901. Replevin — Affidavit before justice of the peace — New Mexico. 902. Replevin — Affidavit before clerk of district court — New Mexico. 903. Replevin — Bond of plaintiff to defendant — New Mexico. 904. Replevin — Bond of plaintiff to office — New Mexico. 905. Writ of replevin — Nev/ Mexico. 906. Replevin — Undertaking for delivery of property to plaintiff — Wash- ington. 907. Replevin — Order for delivery of property — Washington 908. Complaint on undertaking In claim and delivery. CROSS-REFERENCES. Claim and Delivery. See Replevin, INTRODUCTORY NOTE, Proceedings for the seizure of personal property pending suit for its recovery are found in all the western states. The statutes are in general similar to the California Statute. NOTE. — Alaska, Comp. Laws 1913, sees. 955-966; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1604-1622; California, Code Civ. Proc. sees. 509-520; Idaho, Rev. Codes 1907, sees'. 4271-4282; Kansas, Gen. Stats. 1915, sees. 7068-7081; Montana, Rev, Codes 1907, sees. 6622-6641; Nebraska, Rev. Code 1913, sees. 7822 et seq., 8483 et seq.; Nevada, Rev. Laws 1912, sees. 5124-5135; New Mexieo, Stats. Ann. 1915, sees. 3252 _et seq., 4340 et seq.; North Dakota, Comp. Laws 1913, sees. 7516-7527; Oklahoma, Harris & Day's Code 1910, sees. 4798-4811, 5398-5413; Oregon, Lord's Oregon Laws, sees. 283-294; South Dakota, Comp. Laws 1913. sees. 4972-4983; Utah, Comp. Laws 1907, sees. 3045-3056; Washington, Rem. Code, sees. 707-717, 1890; Wyoming, Comp. Stats. 1910, sees. 5005-5022. 343 Claim and Delivery, Forms 882, 833 No. 882. Complaint in Claim and Delivery. [Title of Court and Cause.] E. H., the plaintiff, in the above-entitled action, complaining of N. S., the defendant in the said action, alleges: That on the fourth day of June, 1917, at the city and county or San Francisco, said plaintiff was, and now is, the owner and entitled to the possession of the following described personal property, to wit: [Description.] That said personal property is of the value of two hundred and fifty dollars. Til at said defendant, on the fourth day of June, 1917, at the county of Sacramento, without the plaintiff's consent, and wrongfully, came into the possession of said personal property, and still retains posses- sion of the same, and he claims to be the owner of the same. That before the commencement of this action, to wit, on the sixth day of June, 1907, at the place last aforesaid, the plaintiff demanded of the defendant the possession of said personal property, but to de- liver the possession thereof the defendant refused and still refuses. That the said defendant still unlawfully withholds and detains said property from the possession of the plaintiff, to his damage in the sum of $250. That the same has not been taken for a tax, assessment, or fine, pur- suant to a statute, or seized under an execution or an attachment against the property of the plaintiff. [Or if it had been so seized or attached, allege the fact; and aver that the said property is by law exempt from execution.] Wlierefore, the plaintiff demands judgment against the defendant for the recovery of the possession of said personal property, or for tlie sura of two hundred and fifty dollars, the value thereof, in case a delivery cannot be had, together with twenty dollars, damages, and for costs °^ ^^^*- [Signature.] NOTE. — The provisions of the codes and statutes relating to_ "claim and delivery of personal property" are substantially the same in a justice's and superior court: California, Code Civ. Proc, sees. 509, 870. No. 883. Answer to "Complaint in Claim and Delivery. [Title of Court and Cause.] The defendant answers to the complaint, and denies: 1. That the plaintiff, at the time stated in the complaint, or ever, or at all, was in possession, or entitled to the possession, of the per- sonal property described in the complaint, or any part thereof. 2. Denies that said property, or any part thereof, is, or ever was, the property of the plaintiff. 3. Denies that said property is, or was at the time alleged, or at any time since, of the value of dollars ($ ) or any amount greater than dollars ($ ). [Verification.] [Signature.] Forms 884, 885 Cowdery's Form Book. 344 NOTE— A denial that the property is of the ralne mentioned in the complaint or of any greater value than a certain less sum named is an admission that the property is worth the less sum named: Carlyon v. Lauuan, 4 Nev. 156. No. 884. Affidavit on Claim and Delivery of Personal Property. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above- entitled action; that he is the owner of the property claimed in this action, which is described as follows, to wit: ; That said property is now in the possession of, and wa-ongfully de- tained by, the defendant herein ; that, according to the best knowledge, information, and belief of this afilant, the alleged cause of such deten- tion of said property is as follows, to wit: ; That neither said property nor any part thereof has been taken for a tax, assessment, or fine, pursuant to a statute; or been seized under an execution or an attachment against the property of the plaintiff [or, that it was seized under an attachment (or execution) against the prop- erty of affiant, but that affiant is a mechanic, to wit, a carpenter, and said property was a part of his tools necessary to carry on his trade (or other statement showing exemption), and as such is exempt from such seizure, by statute]. That the actual value of the said property is dollars ($ ). [Signature.] Subscribed and sworn to [etc.]. NOTE. — In California, where a delivery is claimed, an affidavit must be made by the plaintiff or by someone in his behalf, showing: 1. That the plaintiff is the owner of the property claimod (particularly describing it), or is entitled to the possession thereof; 2. That the property is wrongfully detained by the defendant; 3. The alleged cause of the detention thereof, according to his best knowledge, information and belief: California, Code Civ. Proe., sec. 510. No. 885. Undertaking on Claim and Delivery. [Title of Court and Cause.] Whereas, it is alleged by the plaintiff in the above-entitled action, that the defendant in the said action has in his possession and unjustly detains certain personal property, belonging to the said plaintiff, to the possession of which the said plaintiff is lawfully entitled, of the value of four hundred and eighty dollars; And whereas, the said plaintiff being desirous of having the said personal property delivered to him, and by indorsement in writing upon the affidavit, has required the sheriff of the county of Siskiyou to take tlie said property from the said defendant. Now, therefore, we, the undersigned, residents of the said county, in consideration of the premises, and of the delivery of said property 315 Claim and Delivery. Forms 886, 887 to the said plaintiff, do hereby undertake and acknowledge to the effect that we are jointly and severally bound in the sum of nine hundred and sixty dollars (being double the value of said property as stated in the affidavit), for the prosecution of the said action for the return of the said property to said defendant, if return thereof be adjudged, and for tlie payment to the said defcnrlant of such sum as may, from any cause, be recovered against the said plaintiff. Dated, . [Signatures.] NOTE. — In California, upon receipt of the affidavit and notice, with undertaking, by two or more sureties, approved by the sheriff, that they are bound to the defendant in double the value of the property, as stated in the affidavit for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the pay- ment to him of such sum as may, from any cause, be recovered against the plaintiff, the sheriff must forthwith take the property described in the affidavit, if it be in the possession of the defendant or bis agent, and retain it in his custody: California, Code Civ. Proc., sec. 512. "No. 886. Undertaking for Delivery of Property to Plaintiff — Oregon. State of , County of . Civil Action for the Recovery of Personal Property. [Title of Court and Cause.] Whereas, upon the application of the Above-named plaintiff, , an order has been made in the above-named action for a provisional delivery to the plaintiff of the personal property thereby sought to be recovered from the possession of the defendant, : We, and , sureties, hereby acknowledge ourselves bound unto the said defendant in the sum of dollars ($ ), for the prosecu- tion of such action, for the return of such property to the defendant, if return thereof be adjudged, and for the payment of any sum which the defendant may recover in such action against the plaintiff. Dated this day of , 19 — . [Signatures.] NOTE.— See Lord's Oregon Laws, sec. 286. No. 887. Reqiiisition to Take Property from Defendant. To the Sheriff of the County of , State of . You are hereby required to take from the defendant, , the prop- erty described in the within affidavit. Dated the day of , 19 — . Plaintiff. NOTE. — See Cal. Code Civ. Proc, scr's. 511, 870. This notice to seize must be indorsed in writing upon the affidavit. Foi-ms 888-890 Cowdery's Form Book. 316 No. 888. Order for Delivery of Property to Plaintiff— Oregon. State of , Countv of . Civil Action lor the Recovery of Personal Property. [Title of Court and Cause.] To tlie Slieriff of such County, or any Constable of any Precinct Therein, Greeting. In the name of the state of , you are hereby commanded to take the personal property described and mentioned in the within affidavit and deliver the same to the above-named plaintiff, unless before such delivery, and within the time allowed by law, the above-named defend- ant enter into a sufficient undertaking for the delivery thereof to the plaintiff, if delivery be adjudged in the action, and for the payment of such sum as may be recovered against the defendant ; and of this order make leyal service and due return to me. Given under my hand this day of , 19 — , , Justice of the Peace. NOTE. — See Lord's Oregon Laws, p. 1049, No. 889. Notice of Exception to Sufficiency of Sureties. [Title of Court and Cause.] Sir: You will please take notice that the defendant in the above- entitled action does not accept the undertaking given on the part of the plaintiff in the said action, upon your taking the personal property claimed by him, but expressly excepts to the same, and to the sufficiency of the sureties thereto; and that such sureties, and each of them, are required to justify, as provided by law. [Signature.] No. 890. Officer's Return of Property Delivered to Plaintiff. Sheriff's Office, County of , State of , ss. I, , sheriff of said county, hereby certify and return that, on the day of , 19 — , I executed the requisition indorsed licreon, for delivery of the personal property mentioned in tlie within affidavit, by taking such property into my possession, namely, ; and, at the same time, I delivered to the defendant, , personally, on the — — day of , 19 — , a copy of the within affidavit and requisition in- dorsed thereon, and of an undertaking on the part of plaintiff, received and approved by me; [or, if he cannot be found, to his agent, from whose possession the property is taken ; or, if neitlier can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion; or, if neither has any known place of 347 Claim and Delivery. Forms 891, 892 abode, by putting them in the nearest postoffice, directed to the defendant] ; and defendant having failed to except to the sureties in such undertaking within two days after such service, and not having required the return of said property to himself, and no other person than the defendant or his agent having made claim thereto, I did, on the day of , 19 — , after the expiration of the time ])rescribed by statute for the return of said property to defendant, deliver tlie property so taken to the plaintiff as by said indorsement I was required to do. Dated the day of , 19—. Sheriff's fees, $ . [Signature.] No. 891. Requisition to Return Property to Defendant. [Title of Court and Cause.] To the Sheriff of the County of , State of . You are hereby required to return to me, the undersigned, the per- sonal property taken from me by you in the above-entitled action, and described as follows, to wit: . Dated the day of , 19—. , Defendant. NOTE.— See Cal. Code Civ. Proc, sees. 514, 870. No. 892. Undertaking for Return of Property to Defendant. [Title of Court and Cause.] Whereas, under a requisition duly made and indorsed in writing on the affidavit of the plaintiff in the above-entitled action, , the sheriff of the county of , on the day of , 19—, took from the possession of , the defendant in said action, and still retains, the following described personal property, to wit, ; and Whereas said defendant has required, in the manner prescribed by law, that said property be returned to him by said sheriff : Now therefore we, the undersi'j.ned, in consideration of the premises, and of the return of said property to the said defendant by said sheriff, do hereby undertake and promise to the effect that we are jointly and severally bound unto the said sheriff in the sum of dollars ($ )^ being double the value of said property, as stated in the affida- vit of plaintiff in said action, for the delivery of said property to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may for any cause be recovered against the said defendant. Dated and signed the day of , 19 — . [Justification.] [Signatures.] NOTE.— In California, at any time before the delivery of the property to the plaintiff, the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff an under- taking, by two or more sureties, to the effect that they are bound m double Forms 893, 894 Cowdery's Form Book. 348 the value of the property, as stated in the affidavit of the plaintiff, for the delivery thereof to the plaintiff, if such delivery be adjudged, and for the payment to him of such sum as may, for any cause, be recovered against the defendant: California, Code Civ. Proc, sec. 514. No. 893. Officer's Return of Property Returned to Defendant. Slieriff's Office, County of , State of , ss. I, , sheriff of said county do hereby certify and return that, on the day of , 19 — , I executed the requisition indorsed hereon, for delivery of the personal property mentioned in the v/ithin affidavit, by taking such property into my possession, namely, ; and, at the same time, I delivered to the defendant, , personally, on the ■ day of , 19 — , a copy of the within affidavit and requisition in- dorsed thereon, and of an undertaking on the part of plaintiff, received and approved by me; and the defendant, witliin five days after such taking and service, and not excepting to the sureties in such undertak- ing, but requiring a return of said property to him, liaving given me an undertaking, in due form, for such return, and the sureties thereon hav- ing justified, and no other person than defendant or his agent having claimed said property, I delivered the same to the defendant. Dated the day of , 19 — . Sheriff's fees, $ . [Signature.] NOTE.— See Cal. Code Civ. Proc, sees. 514. 870. No. 894. Affidavit to Claim of Property by Third Person. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is not the defendant in the above-entitled action, nor the agent of said defendant, and that he. the said affiant, is the owner of the property taken by the sheriff of said county, on the day of , 19 — . in an action to recover the possession thereof, and wherein the plaintiff claimed the delivery of said property to him. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, aec. 519. 349 Claim and Delivery. Forms 895-S98 No. 895. Undertrking to Indemnify Officer Against Claim of Third Person. [Title of Court and Cause.] Whereas, in the above-entitled action, , sheriiiP of the county of ■ , took certain personal property, in proceedings for claim and delivery, from the possession of defendant in said action, and whereas the said property so taken is claimed by another person than defendant or his agent, namely, by . Now therefore we, the undersigned, in consideration of the premises, hereby acknowledge ourselves bound unto the said in the sum of dollars ($ ), to indemnify him against the claim of such third person. Dated this day of , 19 — . [Signatures.] NOTE.— -See Cal. Code Civ. Proc, sec. 519. No. 896. Judgment for Possession of Personal Property and Damages. [Title of Court and Cause.] In this case, judgment is given against defendant and for plaintiff for the possession of all personal property described in the complaint herein, and dollars ($ ) damages for the detention thereof by defendant, and dollars ($ ) taxed costs. NOTE.— See Cal. Code Civ. Proc, sec. 667. No. 897. Judgment for Value of Personal Property. [Title of Court and Cause.] In this case, it appearing that the delivery of the property described in the complaint cannot be had, judgment is given for the plaintiff for — — dollars ($ ), the value thereof, and dollars ($ •) for the detention of said property by defendant, and dollars ($ ) taxed costs. NOTE.— See Cal. Code Civ. Proc, sec. 067. No. 898. Judgment for Return of Property to Defendant. [Title of Court and Cause.] In this case, it appearing that the property described in the com- plaint has been delivered to the plaintiff, and the defendant claiming a return thereof, judgment is given against plaintilf for the return of said property to defendant and dollars ($ ) damages for taking and withholding the same, and dollars ($ ) taxed costs. NOTE.— See Cal. Code Civ. Proc, sec. 667. Forms 899-901 Cowdery's Form Book. 350 No. 899. Judgment for Damages in Lien of Return of Property. [Title of Court and Cause.] In this case, it appearing that the property described in the complaint has been delivered to plaintiff, and the defendant claiming a return thereof, and it appearing that a return cannot be had, judgment is given against plaintiff, and in favor of defendant, for dollars ($ ), the value of said property, and dollars ($ ), damages for taking and withholding the same, and dollars ($ ) taxed costs. NOTE.— See Cal. Code Civ. Proc, sec. 667. No. 900. Execution for the Delivery of Property — Oregon. [Title of Court and Cause.] State of , County of , ss. To the Sheriff of such County, or any Constable of any Precinct Therein, Greeting. Whereas has obtained judgment against for the possession of the following personal property, namely, , and also for the sum of • dollars ($ — — ), before the undersigned, a justice of the peace for the precinct aforesaid, on the day of , 191 — : Therefore, in the name of the state of , you are commanded to take and deliver the property aforesaid to the said ; and that of the personal property of the said within your county or precinct, excepting such as the law exempts, you cause to be made by levy and sale according to law the amount of such judgment for the detention and disbursements aforesaid, and expenses that may accrue : and of this writ make legal service and due return to me within thirty-six days from the date hereof. Given under my hand this day of , 191 — . , Justice of the Peace. No. 901. Replevin — Affidavit Before Justice of the Peace — New Mexico. [Title of Court and Cause.] Before , Justice of the Peace for Precinct, in County. The above-named , being duly sworn, says that he has good right to the possession of the following described goods and chattels, and that the same are of the value of dollars and are wrongfully de- tained by the said , namely: . [Signature.] Sworn to and subscribed before me this day of , 191 — . , Justice of the Peace. 351 Claim and Delivery. Forms 902-904 No. 902. Replevin— Affidavit Before Clerk of District Court — New Mexico. State of , Countv of . Before me, the undersigned, clerk of the district court in and for the county of , and state above mentioned, on this day of , 19 — , personally appeared , who, being duly sworn, declares and says that he has the legal right to the possession of ; that the said property is unlawfully withheld from him by ; and that the right of action originated within one year. , Complainant. Subscribed and sworn to before me this day of , 19 — . , Clerk of the District Court. No. 903. Replevin— Bond of Plaintiff to Defendant— New Mexico. [Title of Court and Cause.] Know all men by these presents that we, -, as principal, and and , as "securities," are held and firmly bound unto , said defendant, in the penal sum of dollars ($ ), to the payment of which well and truly to be made we do hereby jointly and severally bind ourselves, our heirs, executors, and administrators. Sealed with our seals and dated this day of , 191 — . The condition of the above obligation is such that whereas the said is about to take out a writ of replevin against the said for the following goods and chattels: Now, if the said shall appear on the return day of said writ, and prosecute his said suit to effect, and pay all costs and damages which shall be awarded against him, then this obligation shall be void; otherwise, in full force. [Signatures.] Approved this day of , 191 — . , Justice of the Peace. NOTE.— See N. M. Stats. Ann. 1915, see. 3281. No. 904. Replevin— Bond of Plaintiff to Oface— New Mexico. Know all men by these presents that we, , as principal, and and , as his sureties, are held and firmly bound unto [here the name of the officer to whom the writ is directed], in the sum of dollars ($ ), for the payment of which sum well and truly to be made we hold ourselves and our heirs, executors, and administrators firmly by these presents. Signed with our hands and seals and dated this day of , 191—. The condition of the above obligation is such that whereas the above- mentioned has applied for a writ of replevin from the county clerk Forms 905 ,906 Cowdery's Form Book. 352 of the county of , which writ is directed to [here the name of the officer to whom the writ is directed], and is against [here the name or names of the persons complained against], returnable to the dis- trict court in and for the county of : Now, if the said shall prosecute his said suit Avithout delay and with effect, and shall deliver the property replevied to , in the event of restitution being so adjudged by the said court, and shall keep harm- less the said [here the name of the officer], and shall pay all the costs which may arise from the said replevin, then this obligation shall be null and of no value; otherwise, the same shall remain in full force and effect, [Signatures.] No. 905. Writ of Replevin — New Mexico. [Title of Court and Cause.] Territoiy of to the Constable of Precinct, in County. You are commanded that, without delay, you cause to be replevied unto the goods and chattels following, to wit: , which wrongfully detains from the said , and that you summon the said to appear before me in my office in precinct in county, at 'clock in the forenoon of the day of , 19 — , to answer unto the said for the unlawful detention of the goods and chattels aforesaid. Given under my hand this day of , 191 — . , Justice of the Peace. No. 906. Replevin— Undertaking for Delivery of Property to Plaintiff- Washington. [Title of Court and Cause.] Whereas , plaintiff, has commenced an action before , one of the justices of the peace in and for county, against , defend- ant, for the recovery of certain personal property, mentioned and de- scribed in the affidavit of the plaintiff, to wit, : Now therefore we, , plaintiff, and and , sureties, acknowl- edge ourselves bound unto , in the sum of dollars ($ ), for the prosecution of the action for the return of the property to the de- fendant, if return thereof be adjudged, and for the payment to him of such sum as may for any cause be recovered against the plaintiff. Dated the day of , 191 — . [Signatures.] NOTE. — See wash. Rem. Coae, see. 1890. 353 Claim and Delivery. Forms 907, 908 No. 907. Replevin— Order for Delivery of Property— WashingtoiL [Title of Court and Cause.] State of , County of , ss. To the Sheriff or any Constable of said County. In the name of the state of , you are hereby commanded to take the personal property mentioned and described in the within affidavit and deliver the same to the plaintiff upon receiving a proper underiak- ing, unless before such delivery the defendant enter into a sufaeient undertaking for the delivery thereof to the plaintiff, if delivery be adjudged. Given under my hand this day of , 191 — . , Justice of the Peace. NOTE. — See Wash. Eem. Code, see. 1890. No. 908. Complaint on Undertaking in Claim and Delivery. {"Title of Court and Cause.] The plaintiff complains, and alleges: 1. That heretofore this plaintiff commenced an action in the superior court of San Mateo county, against A. B., to recover possession of spe- cific personal property. 2. That in the course of said action such proceedings of claim and delivery, under and pursuant to the statute, were had, that on the twenty-fourth day of June, 1917, the defendants made and delivered to the constable serving said writ, for the use of this plaintiff, pursuant to the statute, their written undertaking, of which the following is a copy: [Copy of the undertaking.] 3. That the personal property referred to in said undertaking was delivered [or released] to the said A. B., defendant in said action, pur- suant to said undertaking, and to a requisition of said A. B., defend- ant in said action, made pursuant to law, and said undertaking was thereupon delivered to this plaintiff. 4. That such proceedings M'ere afterward had, that, on the seventeenth day of July, 1917, a decision in the said court was rendered against the said A. B., wherein the value of the said property was found to be $2,750, whereupon judgment was rendered against A. B., the defendant therein, that the plaintiff recover possession of said property, or the sum of $2,750, in case a delivery could not be had. 5. That the defendant has not returned said property, nor otherwise paid or satisfied said judgment. 6. [State demand, where that is necessary.] 7. That this plaintiff thereafter caused execution to be issued on said judgment against the said defendant, A. B., which execution has been returned wholly unsatisfied. [Signature.] Form Book — 23 Form 919 Cowdery's Form Book. 354 CODICILS. See Wills. Codicil, No. 3920. ^ , . ,.*+«+ *.;^r. Codicil Altering the Will, etc., With Proper Conclusion and Attestation, Codicil,' Holographic or Witnessed, Indorsed upon the Back of a Will, No. 3921. Codicil Eatifying the WUl, No. 3922. COMMISSIONS. See Depositions. Commission to Take Testimony, No. 1547. Commission — ^Shorter Form, No. 1548. Order for Commission to Take Testimony, No. 1546. COMMITMENT. 919. Commitment to prison — General. 920. Commitment to keep the peace — Oregon. 921. Commitment to prison. 922. Commitment on order holding to answer — Justice's court. 923. Commitment to county jail. 924. Commitment for examination— To be indorsed on warrant of arrest. 925] Commitment for examination — To be indorsed on warrant of arrest. 926. Commitment to answer. 927. Commitment to answer — Arizona. 928. Mittimus — Hawaii. 929. Commitment to answer — Justice's court — Oregon. 930. Commitment where justice, on the trial, finds that he has no Jurisdic- tion — Justice's court — Washington. CROSS-REFERENCES. Commitment to Keep the Peace— Oregon, No. 2353. No. 919. Commitment to Prison — Genoral. [Title of Court and Cause.] The district attorney, with the defendant and his counsel, came into court. The defendant was duly informed by the court of the nature of the charge against him for the crime of petit larceny, committed on the fifth day of July, 1917, of his indictment [or of the information filed against him] , arraignment, and plea of "Not guilty of the offense charged in the indictment" [information], of his trial and the verdict of the jury, on the third day of August, 1917, "Guilty as charged in the indict- ment" [information], and the defendant was then asked if he had any legal cause to show why judgment should not be pronounced against him. To which he replied that he had none. And no sufficient cause being shown or appearing to the court, thereupon the court rendered its judg- 355 Commitment. Form 920 ment as follows: That whereas the said J. S., having been duly convicted in this court of the crime of petit larceny [or other crime] : It is therefore ordered, adjudged and decreed, that the said J. S. be punished and imprisoned in the county jail of the county of San Mateo, in the state of California, for the term of one year. The defendant was then remanded to the custody of the sheriff of the said county [or in the state prison]. Office of the County Clerk, Of the County of San Mateo, State of California. I, H. W., county clerk of the county of San Mateo, state of California, do hereby certify the foregoing to be a full, true, and correct copy of the judgment duly made and entered on the minutes of the said superior court in the above-entitled action, and that I have compared the same with the original; that the same is a correct transcript therefrom, and of the whole thereof. Attest my hand and seal of the said superior court, this fifth day of August, 1917. [Seal] H. W., Clerk. By P. S., Deputy Clerk. Indorsed as Follows: [Title of Court and Cause.] Whereas, J. S., having been duly convicted in the superior court of the county of San Mateo of the crime of petit larceny, and judgment having been pronounced against him, that he be punished by imprison- ment in the county jail of the county of San Mateo, in the state of California, for the term of one year. All of which appearing to us of record, and a certified copy of the judgment being indorsed hereon and made a part thereof: Now, this is to command you, the said sheriff of the county of San Mateo, to take and safely keep and imprison the said J. S. in the county jail of the said county of San Mateo, state of California, for the terra of one year. And these presents shall be your authority for the same. Herein fail not. Witness, Honorable E. F. H., judge of the superior court of the county of San Mateo, this fifth day of August, 1917. Attest my hand and the seal of the said court the day and year last above written. [Signature.] NOTE.— California, Pen. Code, sees. 1017, 1207, 1213. No. 920. Commitment to Keep the Peace — Oregon. In the Name of the State of . To the Sheriff of the County of , Greeting. An order having been this day made by me that give an under- taking in the sum of dollars ($ ), as security to keep the peace and abide the order of the court for the county aforesaid, and the Form 921 Cowdery's Form Book. 356 said having failed to give such undertaking, you are therefore com- manded to receive him into your custody and detain him until legally discharged. Dated at this day of , 19 — . [Official signature.] NOTE.— See Lord's Oregon Laws, sec. 1822. No, 921. Commitment to Prison. [Title of Court and Cause.] The district attorney, with the defendant and his counsel, Mr. O'Brien, came into court. The defendant was duly informed by the court of the information duly presented and filed on the twenty-sixth day of Janu- ary. 1887, by the district attorney of the city and county of San Fran- cisco, charging said defendant with the crime of burglary and three prior convictions ; of his arraignment, and plea of not guilty as charged in said information ; of his trial, and the verdict of the jury, on the six- teenth day of February, 1887, "guilty of burglary in the second degree" ; and defendant's motion for a new trial having been denied by the court and said prior conviction having been admitted by defendant, the de- fondant was then asked if he had any legal cause to show why judg- ment should not be pronounced against him, to which defendant replied he had none, and no sufficient cause being shown or appearing to the court, thereupon the court renders its judgment, that whereas the said Gus Williams having been duly convicted in this court of the crime of burglary in the second degree, it is therefore ordered, adjudged and decreed that the said Gus Williams be punished by imprisonment in the state prison of the state of California at San Quentin for the term of ten (10) years. The defendant was then remanded to the custody of the sheriff of the city and county, to be by him delivered into the cus- tody of the proper officers of said state prison at San Quentin. Office of the County Clerk, City and County of San Francisco. I, William J. Ruddick, county clerk of the city and county of San Francisco and ex-officio clerk of said superior court thereof, do hereby certify the foregoing to be a true and correct copy of a judgment entered on tlie minutes of said court in and for the city and county of San Francisco, state of California, in the above-entitled cause, as appears of record in my office. Attest my hand and the seal of said superior court this nineteenth day of February, 1887. William J. Ruddick. Clerk. By Bert McNulty, Deputy Clerk. NOTE.— Precedent in Ex parte Williams, 89 Cal. 423. 357 Commitment. Forms 922, 923 No. 922. Commitment on Order Holding to Answer — Justice's Court. [Title of Court and Cause.] The People of the State of California, to the Sheriff of the County of Tehama : An order having been this day made by me, that J. D. be held to answer upon a charge of [state briefly the nature of the offense] com- mitted in said township and county, on or about the fifth day of August, 1917, you, the said sheriff, are commanded to receive him, the said J. D., into your custody, and detain him until he is legally discharged. And I hereby order that the said J. D. be admitted to bail in the sum of $500. NOTE.— Califomia, Pen. Code, sec. 877. No. 923. Commitment to County Jail. [Title of Court and Cause.] The district attorney, with the defendant and his counsel, came into coiart. The defendant was duly informed by the court of the nature of the charge against him for the crime of , committed on the day of , 19 — , of his indictment, arraignment, and plea of "Not guilty of the offense charged in the indictment," of his trial, and the verdict of the jury, on the day of , 19 , "Guilty as charged in the indictment." And the defendant was then asked if he had any legal cause to show why judgment should not be pronounced against him; to which he replied that he had none. And no sufficient cause being shown or appearing to the court, thereupon tlie court rendered its judgment as follows : "That whereas the said having been duly convicted in this court of the crime of , it is therefore ordered, adjudged, and decreed that the said be punished by imprisonment in the county jail of the county of , in the state of , for the term of one year." The defendant was then remanded to the custody of the sheriff of the said county. Dated . [Signature.] Office of County Clerk of the County of ^ State of , ss. I, , county clerk of the county of , state of , do hereby certify the foregoing to be a full, true, and correct copy of the judg- ment duly made and entered on the minutes of the said court in the above-entitled action, and that I have compared the same with the original ; that the same is a correct transcript therefrom, and of the whole thereof. Attest my hand and the seal of the said court this day of , 19—. [Seal] , Clerk. By , Deputy Clerk. Forms 924, 925 Cowdeey's Form Book. 358 [Indorsement on Commitment:] The People of the State of , to the Sheriff of the County of , Greeting. Whereas having been duly convicted in the court of the county of of the crime of , and judgment having been pro- nounced against him, that he be punished by imprisonment in the county jail of the county of , in the state of , for the term of one year; all of which appearing to us of record, and a certified copy of the judgment being indorsed hereon and made a part hereof: Now this is to command you, the said sheriff of the county of — , to take and safely keep and imprison the said in the county jail of the said county of , state of , for the term of one year. And these presents shall be your authority for the same. Herein fail not. Witness the Honorable , judge of the court of the county of , this day of , 19—. Attest my hand and the seal of the said court the day and year last above written. [Seal] , Clerk. By , Deputy Clerk. No. 924. Commitment for Examination— To be Indorsed on Warrant of Arrest. The within named , having been brought before me under this warrant, is committed for examination to the sheriff of county. [Official signature.] NOTE. — If the sheriff is not present, the defendant may be committed to the custody of a peace officer. In Alaska, the commitment of defendant is "to the custody of the officer having him in charge": Alaska, Comp. Laws 1913, sec. 2413; and in Oregon, to the same officer, or, if the magistrate sit in the vicinity of the county jail, "to the jailer of the county of ": See Lord's Oregon Laws, sec. 1777; Alaska, Comp. Laws 1913, sec. 2413; Arizona, Rev. Stats. (Pen. Code 1913), sec. 877; California, Pen. Code, see. 863; Idaho, Rev. Codes 1907, sec. 7570; Nevada, Rev. Laws 1912, sec. 6975. No. 925. Commitment for Examination— To be Indorsed on Warrant of Arrest. The within named , having been brought before me under this warrant, and having failed to give bail for his appearance, is committed to the sheriff of the county of , to await examination on the (Jay of , 19 — , at o'clock A. M., at which time you will have his body before me at my office. [Official signature.] NOTE.— North Dakota, Comp. Laws 1913, sec. 10,601; Oklahoma, Harris & Day's Code 1910, sec. 5672; South Dakota, Comp. Laws 1913, sec. 7167. 359 Commitment. Forms 926-923 No. 926. Commitment to Answer. State of , County of . The People of the State ol to the Sheriff of the County of . An order having been this day made by me that be held to answer upon a charge of : You are commanded to receive him into your custody and detain him until he is legally discharged. Dated this day of , 19 — . [Official signature.] NOTE. — Alaska, Comp. Laws 1913, sec. 2432; Califorria, Pen. Code, sec. 877; North Dakota, Comp. Laws 1913, sec. 10,616; Oklalioma, Harris & Day's Code 1910, sec. 5685; Oregon, Lord's Oregon Laws, sec. 1797; Utah, Comp. Laws 1907, sec. 4680. In Alaska, the commitment is "In the Name of the United States of America," and the direction is "To the United States Marshal for the Dis- trict of Alaska, greeting": Alaska, Comp. Laws 1913, sec. 2132. In Oregon, the commitment is "In the Name of the State of Oregon." These words precede "To the Sheriff," etc.: Lord's Oregon Laws, see. 1797. No. 927. Commitment to answer — Arizona. [Title of Court.] The State of Arizona to the Sheriff of County. I have this day made the following order: . You are therefore commanded to receive the said defendant, , into your custody and detain him until he shall give the said amount of bail, or be otherwise legally discharged. Dated this day of , 19 — , [Ofiicial signature.] No. 928. Mittimus — Hawaii. To , or Any Other Police Officer of the District of , Island of , Territory of Hawaii. It appearing to my satisfaction that there is reason to believe that -, who was arrested for , on the information of , would be convicted upon indictment for the said offense; You are commanded to deliver him, the said , to the sheriff of the island of , or his deputy, who is hereby authorized to commit him to the jail of the said island for trial at the circuit court of the judicial circuit; and have you then and there this writ with full return of your proceedings thereon. Given under my hand this day of [Official signature.] NOTE. — See Eev. Code Hawaii 1915, sec. 3766. Forms 929 ,930 Cowdery's Form Book. 360 No. 929. Conmiitment to Answer — Justice's Court— Oregon. Justice's Court for the Precinct of . State of , County of . In the Name of the State of . To the Sheriff of the County Aforesaid. An order having this day been made by me that be committed for trial in a criminal action against the said for the crime of , you are hereby commanded to receive him into your custody, and detain him accordingly, or until he be otherwise legally discharged. Dated at this day of , 19 — . , Justice of the Peace. No. 930. Commitment Where Justice, on the Trial, Finds That He has No Jurisdiction — Justice's Court — Washington. State of , County of , ss. To Any Constable and the Keeper of the Jail of Said County. Whereas , of , has been brought this day before the under- signed, one of the justices of the peace in and for said county, charged, in the oatli of , "with having, on the day of , 19 — , in said county, committed the offense of , and in the progress of the trial of said charge it appearing to the said justice that the said has been giiilty of the offense of , committed at the time and place aforesaid; and whereas the said has failed to give bail in the sum of dollars ($ ) for his appearance to answer at the next session of the court, as required by me: Therefore, in the name of the state of , you are commanded to receive the said into your custody, in the said jail, and him there safely keep until he be discharged by due course of law. Given under my hand this day of , 19 — . NOTE.— See Wash. Rem. Code, sec. 1935. COMPLAINTS— CIVIL. 951. Complaint containing several counts. 952. Complaint by receiver appointed pending suit. 953. Complaint on promise of third person. 954. Complaint to recover statutory penalty. 955. Complaint against a county. 956. Complaint on express promise to pay precedent debt. 957. Complaint to recover penalty for violation of ordinance. N CROSS-REFERENCES. Complaint Against Administrator or Executor, No. 1849. Complaint Against Borrower for Money Loaned, No. 2680. Complaint Against Builder for Special Damages from Loss of Rent, No. 1195. 361 Complaints — Civil. Complaint Against Carrier to Eeplevin Goods, No. 3280. Complaint Against Corporation, No. 1330. Complaint Against Municipal Corporation for Daniagea Arising Througli Negligent Control of Water Supply, No. 2741. Complaint Against Partners, No. 2S87. Complaint Against Sheriff for False Return, No. 3350. Complaint Against Sheriff for Moneys Collected, No. 3'351. Complaint Against Sheriff for Neglecting to Return Execution, No. 3352. Complaint Against Sheriff for not Executing Process, No. 3253. Complaint Against Sole Trader, No. 3374. Complaint Against Telegraph Company for Negligence in Transmitting Message, No. 2744. Complaint Against Water Company for Negligence in Permitting Water to Escape, No. 2743. Complaint Against Witness for Disobeying Subpoena, No. 3451. Complaint and Notice — Justice's Court — Washington, No. 3549. Complaint Before Railroad Commission, No. 3205. Complaint by Accepter, Without Funds, Against Drawer, No. 735. Complaint by Administrator, No. 1848. Complaint by Administrators on Promissory Note, No. 3138. Complaint by Assignee, No. 529. Complaint by Assignee for Benefit of Creditors, No. 552. Complaint by Buyer Against Seller for not Delivering Merchandise, No. 1208. Complaint by Contractor for Extra Work Done Under Contract Modified, No. 1196. Complaint by Corporation, No. 1329. Complaint by Corporation for Subscription, No. 1343. Complaint by Creditor Against Stockholder on Stockholder's Liability, No. 3400. Complaint by Executor for Citation to Person Alleged to have Concealed or Embezzled Property, No. 1812. Compla Compla Compla Compla Compla Compla Compla Compla Compla No Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla Compla 1863 nt by Holder Against Indorser and Maker, No. 3137. nt by Infant, Suing by General Guardian, No. 2024. nt by Infant, Suing by Guardian ad Litem, No. 2025. nt by Payee Against Drawer of Bill of Exchange, No. 734. nt by Seller Against Purchaser, No. 1209. nt by Sheriff in Aid of Attachment, No. 618. nt by Surety Against Principal, No. 809. nt by Surviving Partner, No. 2888. nt by Tenant Against Third Person for Destroying Pasturage, 3670. nt for Breach of Contract to Employ, No. 1203. nt for Breach of Contract to Manufacture, No. 1204. nt for Breach of Contract to Serve, No. 1205. nt for Breach of Covenant Against Encumbrances, No. 1473. nt for Breach of Covenant of Quiet Enjoyment, No. 2448. nt for Breach of Covenant of Warranty, No. 1474. nt for Breach of Promise of Marriage, No. 824. nt for Breach of Warranty of Title, No. 1476. nt for Condemnation of Land by Corporation, No. 1617. nt for Conversion of Personal Property, No. 1247. nt for Damages for Erecting a Nuisance, No. 2820. nt for Damages for False Imprisonment, No. 1862. nt for Damages for Injuries Received on an Elevator, No. 2740. nt for Damages for Loss of Pledge, No. 2973. nt for Damages for Misrepresentations as to Mining Property, No. Cowdery's Form Book. 362 Complaint for Divorce— Desertion, No. 1577. Con.plaint for Divorce — Habitual Intoxication, No. 1578. Complaint for Forcible Detainer, No. 1900. Complaint for Forcible Detainer, No. 1901. Complaint for Forcible Entry, No. 189S. Complaint for Forcible Entry and Detainer, No. 1899. Complaint for Forcible Entry and Detainer, No. 1902. Complaint for Forcible Entry and Detainer— New Mexico, No. 1903. Complaint for Fraudulent Representations in Procuring Credit, No. 1976. Complaint for Goods Sold, No. 1987. Complaint for Hire of Furniture, No. 2449. Complaint for Holding Over After Expiration of Term, No. 3711. Complaint for Holding Over After Rent Due, No. 3710. Complaint for Injunction, No. 2138. Complaint for Injunction to Restrain Defendants from Flowing Water on Plaintiff's Land, No. 2139. Complaint for Libel Charging Plaintiff With Violating Trust as Agent, No. 2480 Complaint for Libel Charging Crime, Words not Libelous on Their Face, No, 2481. Complaint for Libel Indirectly Charging Perjury, No. 2482. Complaint for Libel for Words not Libelous in Themselves, No. 2483. Complaint for Libel for Words Spoken in Foreign Language, No. 2484. Complaint for Malicious Arrest, No. 25S1. Complaint for Malicious Prosecution — Opening Flume, No. 2580. Complaint for Money Had and Received, No. 2666. Complaint for Money Had and Received, No. 2667. Complaint for Money Lent by Plaintiff's Testator, No. 2681. Complaint for Money Paid Out, No. 2693. Complaint for Money Paid to Third Party, No. 269L Complaint for Negligence Leaving Pile of Earth in Highway, No. 2742. Complaint for Partition of Real Property, No. 2860. Complaint for Partition of Land Held in Common With Estate, No. 2861. Complaint for Refusal to Marry, No. 825. Complaint for Rent of Land— Justice's Court, No. 2450. Complaint for Repayment of Deposit, No. 1206. Complaint for Repayment of Money Paid Where Judgment Reversed, No. 2692. Complaint for Replevin of Goods in the Hands of Officer Levying Execu- tion, No. 3281. Complaint for Search-warrant, No. 3330. Complaint for Services of Minor Son, No. 3342. Complaint for Services Rendered at Fixed Price, No. 3341. Complaint for Trespassing Cattle, No. 3671. Complaint for Work Done and Materials Furnished, No. 3340. Complaint in Action to Have a Deed Absolute Declared a Mortgage, No. 2722 Complaint in Action to Recover Damages for Revocation of Submission to Arbitration, No. 417. Complaint in Claim and Delivery, No. 882. Complaint in Ejectment by Tenants in Common Against Strangers, No, 1603. Complaint in Ejectment— Fee Simple, No. 1600. Complaint in Ejectment — Prior Possession, No. 1601. Complaint in Intervention, No. 2185. Complaint in Quo Warranto, No. 3200. Complaint on Account for Goods Sold, No. 1986. Complaint on Account Stated, No. 48. ^ ,r • , t^ Complaint on Bond for Government Work to Recover for Matenal= Fur- nished to the Contractor, No. 1197. 363 Complaints — Civil. Form 951 Compla Compla Compla Compla Compla Compla Compla: Compla Compla Compla Compla Compla Compla Compla 244 Compla Compla Compla nt on Bond to Convey Land, No. 1207. nt on Endowment Policy, No. 2169. nt on Fire Insurance Policy, No. 2170. nt on Fire Insurance Policy by Transferee of Property, No. 2175. nt on Foreign Judgment, Nos. 2251, 2255. nt on Insurance Policy for Cargo Lost by Fire, No. 2174. nt on Judgment, No. 2257. nt on Life Insurance Policy, No. 2172. nt on Life Insurance Policy by Wife, Partner or Creditor, No. 2173. nt on Lost Note, No. 3142. nt on Partnership Note, No. 3141. nt on Promissory Note, Nos. 3136, 3140. nt on Promissory Note — Justice's Court, No. 3139. nt on Promise to Pay in Consideration of Surrender of Lease, No. int on Undertaking on Attachment, No. 619. int to Cancel Deed and Correct Mortgage, No. 2723. int to Determine Conflicting Claims to Real Property — North Dakota, No. 3184. Complaint to Foreclose Chattel Mortgage, No. 1956. Complaint to Foreclose Mechanic's Lien, No. 1929. Complaint to Foreclose Mechanic's Lien — Short Form, No. 1930. Complaint to Foreclose Mortgage on Land, No. 1953. Complaint to Quiet Title, Nos. 31S0, 31S2. Complaint to Quiet Title to Mining Claim, No. 3181. Complaint to Eecover Subscription for Public Object, No. 1210. No. 951. Complaint Containing Several Counts. [Title of Cause.] The plaintiffs complain, and allege: 1. That at the times hereinafter mentioned the plaintiffs were part- ners, doing business in the county of , state of , under the firm name of , and the defendants were partners, doing business in the said county of , under the firm name of . First. For a first cause of action the plaintiffs allege: 1. That on the day of , 19 — , at , at the request of defendants, the plaintiffs deposited with the defendants the sum of dollars ($ ), gold coin of the United States, which sum the defend- ants promised to pay the plaintiffs on demand. 2. That on the day of , 19 — , at , the plaintiffs de- manded payment of the same from the defendants, but they have not paid the same. Second. And for a second cause of action the plaintiffs allege: 1. That on the day of , 19 — , at , the defendants re- ceived dollars ($ ) from one , to be paid to the plaintiffs. 2. That the defendants have not paid the same. Third. And for a third cause of action the plaintiffs allege : 1. That on the day of , 19 — , at , the plaintiffs lent to the defendants dollars ($ ). 2. That the defendants have not paid the same. Wherefore [etc.]. [Signatures.] Forms 952-954 Cowdery's Form Book. 364 No. 952. Complaint by Receiver Appointed Pending Suit. [.Title of Cause.] The plaintiff, as receiver of the property of , complains and alleges : 1. [State cause of action.] 2. That on the day of , 19 — , at the county of , and state of , in an action tlien pending in the said court, wherein was plaintiff, and was defendant, upon an application made by , and by order duly given and made by said court, this plaintiff was appointed receiver of the property of the said , hereinafter described, to wit, . 3. That thereafter, and before the commencement of the present action, he gave his bond required by the said order, as such receiver, approved by the said judge, which bond, with such approval, is on file in tiie said court, and was so filed prior to the commencement of this action. 4. That on the day of , 19 — , said receiver duly obtained leave of the said court to bring this action. Wherefore [etc.]. __,. [Signature.] No. 953. Complaint on Promise of Third Person. [Title of Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19 — , one was, and ever since has been, indebted to the plaintiff in the sum of dollars ($ ). 2. That, on that day the said was the holder of a bill of exchange, and then indorsed and delivered the same to the defendant ; in considera- tion of which, the defendant then and there promised that he would endeavor to collect the same, and that when collected he would apply the proceeds in payment of said indebtedness of said to the plaintiff. 3. That afterward, on the day of , 19 — , the defendant col- lected and received the same. 4. Tliat no pax-t thereof has been paid to the plaintiff. Wherefore [etc.]. r_,. , , [Signature.] No. 954. Complaint to Recover Statutory Penalty. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the tenth day of September, 1917, at R., the defendant [liere state acts constituting a violation of the statute, either following the words of the statute, or setting forth the facts more specifically] against the form of the statute [or statutes, as the case may be], in such case made and provided. 2. That thereby the defendant became indebted in the sum of [amount of penalty] to [one for whose use the action is given], whereby an action accrued to the plaintiff according to the provisions of [describing the statute in such terms as the case may require]. Wherefore [etc.]. r^^- ■ -i [Signature.] 365 Complaints — Civil. Forms 955-957 No. 955. Complaint Against a County. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. [Allege defendant's corporate existence.] 2. That the plaintiff performed services for the said defendant in guarding the jail of said county, from the second day of January, 1917, to and including the seventh day of July, 1917. 3. That the sheriff, with the assent, in writing, of the superior judge of said county, employed plaintiff to perform said service as a temporary guard for -the protection of the county jail, and for the safekeeping of prisoners, and that said employment was necessary. 4. That said sheriff, at the time of employing said plaintiff, promised plaintiff that the defendant would pay plaintiff for said services what they were reasonably worth, and that said services were reasonably worth the sum of $200. 5. [Allege presentation, rejection, and nonpayment of claim as in pre- ceding fonn.] 6. [If there are other claims for similar services, performed at dif- ferent dates, allege them as separate causes of action ] No. 956. Complaint on Express Promise to Pay Precedent Debt. [Title of Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19—, at , the defendant was then indebted to the plaintiff in the sum of dollars ($ ) for . . In consideration thereof, he then promised to pay to the plaintiff the said sum on the day of , 19 — . 2. That he has not paid the same, nor any part thereof. Wherefore [etc.]. [Signature.] No. 957. Complaint to Recover Penalty for Violation of Ordinance. [Title of Cause.] The plaintiff complains, and alleges: 1. That on or about the day of , 19—, the board of super- visors of the county of , in pursuance of the power in them vested by law, passed a law entitled "An order, regulation, or ordinance" [etc.], a copy of which is annexed as a part of this complaint. 2. That since the passing thereof, to wit, on the day of , 19_^ the defendant , contrary to the provisions of the said ordi- nance above mentioned: . 3. That by reason of the premises, the defendant forfeited to the plaintiff the sum of dollars ($ ). Wherefore [etc.]. [Annexed copy of ordinance.] [Signature.] Cowdery's Form Book. 3GG COMPLAINTS— CRIMINAL. 982. Complaint or information that public offense has been comralttea. 983. Complaint for crime — Justice's court. 984. Complaint for crime — Jrstice's court — North Dakota. 985. Complaint — Battery — Ji\s ice's court. 986. Complaint — Common drunkard — Justice's court. 987. Complaint — Vagrancy — Justice's court. 988. Complaint for cruelty to animals — Justice's court. 989. Complaint — Disturbing the peace — Justice's court. 990. Complaint — Doing business without a license — Justice's court. 991. Complaint — Drawing and exhibiting a deadly weapon — Justice's court. 992. Complaint — Gaming — In general — Justice's court. 993. Complaint — Keeping a disorderly house — Justice's court 994. Complaint — Maintaining a public nuisance — Justice's court. 995. Complaint — Malicious mischief— Justice's court. 996. Complaint — Misdemeanor embezzlement by agent — Justice's court. 997. Complaint — Misdemeanor embezzlement by bailee — Justice's court. 998. Complaint — Obtaining money, personal property or labor by false pretenses — Justice's court. 999. Complaint — Petit larceny — Justice's court. 1000. Complaint — Selling intoxicating liquors to common drunkards or to Indians — Justice's court. 1001. Complaint — Simple assault — Justice's court. 1002. Complaint — "Cubic-air" law — Letting a room in violation of — Jus- tice's court. 1003. Complaint — "Cubic-air" law — Using a room in violation of — Justice's court. 1004. Complaint — Keeping house of ill fame — Justice's court. 1005. Complaint — Residing in a house of ill fame — Justice's court. 1006. Complaint — Keeping opium resort — Justice's court. 1007. Complaint — Visiting place whexe opium is used — Justice's court. 1008. Complaint — Keeping office open for sale of lottery tickets— Justice's court. 1009. Complaint — Maintaining lottery — Justice's court. 1010. Complaint — Selling lottery tickets — Justice's court. 1011. Complaint — Allowing rubbish to accumulate on street — Justice's court. 1012. Complaint — Carrying a concealed weapon — Justice's court. 1013. Complaint — Depositing rubbish in street — Justice's court. 1014. Complaint — Discharging firearms within city limits — Justice's court. 1015. Complaint — Employing a minor in exhibition — Justice's court. 1016. Complaint — Having a lottery ticket in possession — Justice's court. 1017. Complaint — Having possession of gambling tools — Justice's court. 1018. Complaint — Ke<^ping a minor in a house of prostitution — Justice's court. 1019. Complaint — Obstructing a railroad — Justice's court. 1020. Complaint — Obstructing a sidewalk — Justice's court. 1021. Complaint — Obstructing a street — Justice's court. 1022. Complaint — Peddling without a license — Justice's court. 1023. Complaint — Refusing to "move on and disperse" — Justice's court. 1024. Complaint — Violation of fire ordinance — Justice's court. 1025. Complaint — Violation of hack ordinance — Disobedience of police directions — Justice's court. 1026. Complaint — Violation of hack ordinance — Soliciting business — Jus- tice's court. 1027. Complaint — Violation of health ordinance — Leaving stagnant water, etc., upon premises — Justice's court. 367 Complaints — Criminal. Form 9S2 1028. Complaint — Violation of health ordinn-.ice — Wrongful placing of vault — Justice's court. 1029. Complaint — Violation of water ordinance — Justice's court. 1030. Complaint — Visiting a gambling-house — Justice's court. 1031. Complaint — Visiting a house of ill fame — Justice's court. 1032. Complaint — Visiting gambling-house — Justice's court. 1033. Complaint — Vulgar language — Justice's court. 1034. Complaint — Robbery. 1035. Complaint — Assault with a deadly weapon. 1036. Complaint — Forgery — Justice's court. 1037. Complaint — Assault to murder. 1038. Complaint — Receiving stolen goods. 1039. Complaint — Burglary iu the first degree. 1040. Complaint — Uttering fictitious check, etc. — Justice's court. 1041. Complaint — Receiving stolen property — Justice's court. 1042. Complaint — Petit larceny with previous conviction. 1043. Complaint — Obtaining goods or money by false pretenses — Justice's court. 1044. Complaint— Omitting to provide for minor child— Justice's court. 1045. Complaint — Making or passing fictitious instrument — Justice's court. 1046. Complaint — Grand larceny. 1047. Complaint — Attempt to commit burglary— Justice's court. 1048. Complaint — Assault with a deadly weapon— Justice's court. 1049. Complaint — Assault by means and force likely to produce great bodily injury — Justice's court. 1050. Complaint— Assault with intent to commit murder— Justice's court. 1051. Complaint— Assault with attempt to commit robbery— Justice's court. No. 982. Complaint or Information That Public Offense has Been Com- mitted. Before , Justice of the Peace of the County of , State of , as Magistrate. [Title of Cause.] [Title of Form.] ^ being duly sworn, makes complaint under oath, and says that, on the day of , 19 — , a public offense, to wit, the crime of , triable in said county, was committed in said county and state, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . And this complainant, upon oath, accuses the said defendant, , of having committed the said crime, and prays that a warrant of arrest issue, to apprehend the accused, and that he be brought before a magis- trate to be dealt with according to law. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] ]SrOTE. — This form is applicable to all public offenses examinable by a magistrate. It will be noticed that, in examination cases generally, before a magistrate, the statute in one place refers to the initial proceeding as ^.n "information," probably as being more expressive than the word "com- plaint"; but in another place it refers to the "charge" made as a "com- plaint." This has a tendency to confuse the mind, but upon investigation it will be found that the words "information," "charge," and "complaint," in proceedings before committing magistrates, practically mean the same thing: Forms 983-985 Cowdeey's Form Book. 368 See Cal. Pen. Code, sees. 811, 858, 872. But all proceedings and actions before a justice's or police court, for a public offense which such courts have jurisdiction to try, must be commenced by "complaint" under oath: See Cal. Pen. Code, sees. 811, 1426. No. 983. Complaint for Crime — Justice's Court, [Title of Court and Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, , was committed, to wit, by , who then and there did willfully and unlawfully , contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . [Signature.] Subscribed and sworn to [etc.], [Official signature.] No. 984. Complaint for Crime — Justice's Court — North Dakota. State of , County of . [Title of Cause.] In Justices' Court, Before , J. P. , being first duly sworn, says that on the day of , 191 — , in said county, the above-named defendant did , against the peace and dignity of the state of . Wherefore complainant prays that said defendant may be arrested and dealt with according to law. [Signature.] Subscribed and sworn to [etc.], , Justice of the Peace. NOTE.— Comp. Laws 1913, sec. 9134. No. 985. Com.plaint — Battery — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 191 — , in the county of •, state of , the crime of misdemeanor, namely, battery, was committed, to wit, by , who then and there did willfully and unlawfully use force and violence in and upon the person of , eontrarj'^ to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Pen. Code, sec. 242. 369 Complaints — Criminal. Forms 986, 987 No. 986. Complaint — Common Drunkard — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , and from said day of , 19 — , up to the time of the making of this complaint, in the county of , state of , the crime of misdemeanor, namely, being a common drunkard, was committed, to wit, by , who then and there, and from said • day of , 19 — , up to the time of the making of this complaint, willfully and unlawfully was, has been, and still is, a common drunkard, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 987. Complaint — Vagrancy — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint nnder oath and says that on the day of , 19 — , and from said day of , 19 — , up to the time of the making of this complaint, in the county of , state of , the crime of misdemeanor, namely, being a vagrant, was committed, to wit, by , who then and there, and from said day of , 19 — , up to the time of the making of this complaint, will- fully and unlawfully was without visible means of living [or, was a healthy beggar, who solicited alms as a business ; or, roamed about from place to place without any lawful business ; or, was known to be a pick- pocket [thief, burglar, or confidence operator, as it may be], by his own confession [or by his having been convicted of either offense, ac- cording to the fact], and, having no visible or laAvful means of support, was found loitering around a specified steamboat landing, or railroad depot, banking institution, broker's office, place of amusement, auction- room, store, shop, crowded thoroughfare, car, omnibus, public gather- ing or assembly, according to the fact; or, was an idle [or lewd, or dis- solute] person; or, was an associate of known thieves; or, wandered about the streets at late and unusual hours of the night, without any visible or lawful business; or, lodged in a barn [or shed, shop, out- house, vessel, or place other than such as is kept for lodging purposes], without the permission of the owner or party entitled to the possession thereof; or, lived in and about houses of ill fame; or, acted as a runner [or capper] for attorneys in and about police courts [or city prisons, as it may be] ; or, was a common prostitute; or, was a common drunk- ard] ; that the said then and there had the physical ability to work, but did not seek employment; and that employment was offered to the Form Book — 24 Forms 988-990 Cowdery's Form Book. 370 said , but that he did not labor when employment was offered him, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 647. No. 988. Complaint for Cruelty to Animals — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, cruelty to animals, was committed, to wit, by , who did then and tliere willfully, unlawfully, mali- ciously, and cruelly torture, torment, and injure a certain animal, namely, a by , thereby causing great pain to said , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of tlie state of . NOTE.— See Cal. Pen. Code, sec. 597. No. 989. Complaint — Disturbing the Peace — Justice's Court. [Title of Cause.] State of , County of - ) , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the said county of , state of , the crime of misdemeanor, namely, disturbing the peace, was committed, to wit, by , who then and there did willfully, unlawfully, and mali- ciously disturb the peace and quiet of the neighborhood of , in said county and- state, by then and there making loud and unusual noises, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 415. No. 990. Complaint — Doing Business Without a License — Justice's Court. [Title of Cause.] State of , County of , ss. , beinfr duly sworn, makes complaint under oath and says that on the day of , 19 — , and from said day of , 19—. up to the time of the making of this complaint, in the county of , 371 Complaints — Criminal. Forms 991, 992 state of, the crime of misdemeanor, namely, doing business without a license, was committed, to wit, by , who then and there, and from said day of , 191 — , up to the time of the making of this complaint, willfully and unlawfully commenced and carried on the busi- ness of , without having- first taken out and procured the license prescribed by law for the transacting or carrying on of said business, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of , NOTE.— See Cal. Pen. Code, sec. 435. No. 991. Complaint — Drawing and EzMbiting a Deadly Weapon — Jus- tice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, drawing and exhibiting a deadly weapon, was committed, to wit, by , who then and there did, in the presence of two persons, willfully and unlawfully draw and exhibit, in a rude, angry, and threatening manner, and not in necessary self- defense, a certain deadly weapon, to wit, , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of , NOTE.— -See Cal. Pen. Code, sec. 417. No. 992. Complaint — Gaming — In General — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, gaming, was committed to wit, by ■ , who did then and there willfully and unlawfully deal, play, carry on, open, conduct, and cause to be opened and conducted, a certain game known as and called by the name of ; said game being then and there played for money and other representatives of value to com- plainant unknown; and said game being then and there played with , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 330. Forms 993-995 Cowdery's Form Book. 372 No. 993. Complaint — ^Keeping a Disorderly House — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint tinder oath and says that on the day of , 19 — , in the county of , state of the crime of misdemeanor, namely, keeping a disorderly house, was committed, to wit, by , who then and there did willfully and un- lawfully keep and maintain a disorderly house, to wit, at , by which the peace, comfort, and decency of the immediate neighborhood was then habitually disturbed, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 316. No. 994. Complaint — Maintaining a Public Nuisance — Justice's Court. [Title of Cause.] State of , County of , ss. being duly sworn, makes complaint under oath and says that on the day of , 191 — , in the county of , state of the crime of misdemeanor, namely, maintaining a nuisance, was com- mitted, to wit, by , who did then and there willfully and unlaw- fully suffer and permit certain premises there situate, in street, between and streets, in the town of , and belonging to and occupied by the said , to become nauseous, foul, offensive, and prejudicial to public health and public comfort; said nuisance being caused by the said allowing ; and said nuisance then and there being indecent, and offensive to the senses and injurious to the health of many people in the vicinity, and interfering with the comfortable enjoyment of life and property by a considerable number of persons in the community or neighborhood, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 370. No. 995. Complaint— Malicious Mischief — Justice's Court. [Title of Cause.] State of , Count}'^ of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, malicious mischief, was committed, to ^it, by , who then and there did willfully, unlawfully, and mali- 373 Complaints — Criminal Forms 996, 997 ciously break and injure certain personal property not his own, but of the personal property of one , to wit, , by then and there striking said with violence and without cause, and thus injuring said , then and there the personal property of , and with in- tent then and there to injure the said , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of , NOTE.— See Cal. Pen. Code, sec. 594. No.* 996. Complaint — Misdemeanor Embezzlement by Agent — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, embezzlement by agent, was com- mitted, to wit, by , who then and there was the clerk, agent, and servant of , and then and there, by virtue of his employment as such agent, clerk, and servant, there came into the possession, care, custody, and control of him, the said , certain property, to wit, — — , of the value of dollars ($ ), current lawful money of the United States of America, and the personal property of the said , and he, the said , after the said personal property had come into his possession, care, custody, and control as aforesaid, did then and there, in said county of , state of , and on said day of ■ , 19 — , willfully, unlawfully, and fraudulently convert, embezzle, and appropriate the same to his own use, with intent to feloniously steal the same, contrary to his trust as such clerk, agent, and servant, and contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 508. No. 997. Complaint — Misdemeanor Embezzlement by Bailee — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, embezzlement by bailee, was com- mitted, to wit, by , who was then and there intrusted as bailee by with the following personal projjerty of , to wit: , of the value of dollars ($ ), current lawful money of the United Form 998 Cowdery's Form Book. 374 States of America; and the said then and there received the said personal property as bailee, upon the condition that he would ; and while the said , so intrusted as aforesaid, was in the possession of the said personal property, lie, the said , did, in the county of , state of , and on the date aforesaid, willfully, unlawfully, and fraudulently convert and appropriate the same to his own use, with the intent to feloniously steal the same, contrary to his said ti'ust as said bailee, and contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 507. Under the California statute, embezzlement is punishable in the manner prescribed for feloniously stealing property of the value of that embez- zled: See Cal. Pen. Code, sec. 514. The complaint should, therefore, always allege value, as in larceny, to show whether the crime is a misdemeanor or a felony. In California, if the value of the property taken exceeds fifty dollars ($50), the crime is a felony: See Cal. Pen. Code, sees. 487, 514. No. 998. Complaint — Obtaining Money, Personal Property, or Labor by False Pretenses — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, obtaining money and personal prop- erty by false pretenses, was committed, to wit, by , who then and there devising and intending, by unlawful ways and means, and by false and fraudulent pretenses and representations, to obtain and get into his possession tlie money and personal property of , with intent to cheat and defraud, and thereby then and there to cheat and defraud said of the same, did then and there willfully and unlawfully, knowingly and designedly, and falsely and fraudulently pretend and represent to the said that , whereas in truth and in fact all of said pretenses and representations were then and there false, fraudu- lent, and untrue, and then and there well known so to be by the said ; and the said , then and there believing the said false and fraiid- ulent pretenses and representations so made as aforesaid by the said to be true, and reljang thereon, and being deceived thereby, was induced, by reason of his confidence in the truth of said false and fraudulent pretenses and representations so made as aforesaid, to de- liver, and did then and tliere deliver, to the said certain money and personal property, to wit, , of the value of dollars ($ ), current lawful money of the United States of America, and of the money and personal property of the said ; and the said , by means of the said false and fraudulent pretenses and representations so made as aforesaid, did then and there willfully and unlawfully, 375 Complaints — Criminal. Forms 999, 1000 knowingly, designedly, and fravidulently receive and obtain from said • , the said money and personal property hereinbefore described and set forth, with intent to cheat and defraud the said of the same, and the said did then and tliere willfully, unlawfully, and fraudu- lently take and carry away the same ; and the said , in the manner and by the means aforesaid, did then and there and thereby willfully and unlawfully, and knowingly and designedly, cheat and defraud the said of the said money and personal property hereinbefore de- scribed and set forth; all to the great damage of the said , and contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 532. No, 999. Complaint — Petit Larceny — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, petit larceny, was committed, to wit, by , who then and there did willfully, unlawfully, and felo- niously steal, take, and carry away certain personal property, to wit, , of the value of dollars ($ — — ), current lawful money of the United States of America, and of the personal property of , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 484. No. 1000. Complaint — Selling Intoxicating Liquors to Common Dnmk- ards or to Indians — Justice's Court. [Title of Cause.] v State of , County of , ss. , being duly sworn, makes complaint under oath and says that on tlie day of , 19 — , in the county of state of , the crime of misdemeanor, namely, selling intoxicating liquors to com- mon drunkards, was committed, to wit, by , who did then and there willfully and unlawfully sell and furnish to, and caused to be sold and furnished to, and , who were then and there habitual and common drunkards, certain intoxicating liquors, to wit, , con- trary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 397. Forms 1001-1003 Cowdery's Form Book. 376 No. 1001. Complaint— Simple Assault— Justice's Court. [Title of Cause.] State of , County of , S3. , being duly sworn, makes complaint tinder oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, simple assault, was committed, to .^yit, by , who then and there did willfully and intentionally make an unlawful attempt, having then and there tlie present ability, to commit a violent injury on the person of by then and tliere, in a threatening manner , contrary to the form, force and effect of the statute in such ease made and provided, and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 240. No. 1002. Complaint— "Cubic-air" Law— Letting a Room in Viola- tion of — Justice's Court. [Title of Cause.] State of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , state of , the crime of misdemeanor, namely, letting a room in violation of the cubic- air laAV, was committed, to wit, by , who then and there being the owner of a certain building at No. street, between and • streets, in said city, did then and there willfully and unlawfully lease, let, and hire a certain room in said building, to a number of persons, to wit, , — , and , whose true names are to com- plainant unknown, for the purpose of a lodging or sleeping apartment ; tliat a number of persons, to wit, , , and , then and there occupied such room and apartment as a lodging or sleeping apartment ; and that such room and apartment then and there had less than five hundred cubic feet of space in the clear for each person who then and there occupied such room and apartment as aforesaid, contrary to the form, force and effect of the statute in such case made and pro- vided and against the peace and dignity of the people of the state of NOTE.— See Cal. Pen. Code, sec. 315. No. 1003. Complaint— "Cubic-air" Law— Using a Room in Violation of — Justice's Court. [Title of Cause.] State of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , state of , the 377 Complaints — Criminal. Forms 1004, 1005 crime of misdemeanor, namely, using a room in violation of the cubic- air law, was committed, to wit, by , who then and there was found willfully and unlawfully sleeping and lodging in, and using, a certain room and apartment of a certain building at No. — street, be- tween and streets, in said city, said room and apartment being then and there occupied and used by other persons than defend- ant, whose names are to complainant unknown, and which said room and apartment then and there had less than five hundred cubic feet of space in the clear for each person who then and there occupied said room and apartment, contrary to the form, force and effect of the stat- ute in such case made and provided and against the peace and dignity of the people of the state of , No. 1004. Complaint— Keeping House of 111 Fame— Justice's Court. [Title of Cause.] State of , County of , ss. -, being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of the crime of misdemeanor, namely, keeping a house of ill fame, was committed, to wit, by , who did then and there willfully and un- lawfully keep and maintain a certain house of ill fame, to wit, at , in street, in said county and state, which said house was then and there resorted to for the purposes of prostitution and lewdness, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1005. Complaint— Residing in a House of HI Fame— Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of the crime of misdemeanor, namely, residing in a house of ill fame, was committed, to wit, by , who then and there did willfully and un- lawfully reside in a house of ill fame, to wit, in street, betT^•eon and streets, in the town of ■. , in said county and state, which said liouse was then and there resorted to for the purposes of prostitution and lewdness, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 315. Forms 1006-1008 Cowdery's Form Book. 378 No. 1006. Complaint — Keeping Opium Eesort — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, the keeping of an opium resort, was committed, to wit, by , who did then and there willfully and unlawfully keep and maintain a certain place, house, and room there situate, where opium and its preparations were sold, to be there smoked, where opium was then and tlicre smoked, and where other persons did tlien and there assemble for the purpose of smoking opium and inhaling the fumes of opium; said place, house, and room being at No. street, in the town of , in said county, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the peojDle of the state of , NOTE.— See Cal. Pen. Code, sec. 307. No. 1007. Complaint — ^Visiting Place Where Opium is Used — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, visiting place where opium is used, was committed, to wit, by , who did then and there willfully and unlawfully become an inmate of, and a visitor to, a certain place, house, and room there situate, to wit, at No. — street, where opium and its preparations were sold, to be smoked at such place, and wliere defendant and other persons did assemble for the purpose of smoking opium and its preparations and inhaling the fumes thereof, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 307. No. 1008. Complaint — Keeping Office Open for Sale of Lottery Tickets — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , the crime of misdemeanor, namely, the keeping of an office open for 379 Complaints — Criminal. Forms 1009, 1010 the sale of lottery tickets, was committed, to wit, by , who did then and there willfully and unlawfully open, set up, and keep at , a certain office, room, and place there situate for the sale of tickets in a certain lottery, and for the registering of the numbers of tickets in said lottery, to wit, the tickets of the , contrar}^ to the form, force and effect of the statute in such case i:^ kIc and provided and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 323. No. 1009. Complaint — Maintaining Lottery — Justice's Court. [Title of Court.] [Title of Cause.] [Title of Form.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of , tlie crime of misdemeanor, namely, maintaining a lottery, was com- mitted, to wit, by , and , who did then and there willfully and unlaAvfully contrive, prepare, set up, propose, and draw a certain lottery, the time and place of whicli to affiant is unknown ; said lottery being then and there a scheme for the disposal and distribiition of certain valuable property and money, the true value of Avhich is to affiant unknown, by chance, among certain persons wlio tlien and there paid to said defendants a certain valuable consideration, to wit, , for the chance of obtaining said property and money, upon a certain agreement and understanding then and there made between said de- fendants and said persons that said property and money would be disposed of and distributed by lot and chance, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . NOTE.— See Cal. Pen. Code, sec. 319. No. 1010. Complaint — Selling Lottery Tickets — Justice's Court. [Title of Cause.] State of , County of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the county of , state of — — , the crime of misdemeanor, namely, the selling of lottery tickets, was committed, to wit, by , who did then and there willfully and un- lawfully sell, give, furnish, and transfer to one a certain paper and instrument purporting and understood to be and to represent a ticket, chance, share, and interest in and depending iipon the event of a lottery, namely, the , not authorized by the laws of the state Form 1011 Cowdery's Form Book. 380 of , contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the peo- ple of the state of . NOTE.— See Cal. Pen. Code, sec. 321. No. 1011. Complaint — Allowing Rubbish to Accumulate on Street — Justice's Court. [Title of Cause.] State of , County of , City of , SB. , being duly sworn, makes complaint under oath and says that an the day of , 19 — , in the city of , county of -, state of , the crime of misdemeanor, namely, allowing rubbish to accumulate on street, was committed, to wit, by , who then and there being the ov>'ncr, and having control of a certain building, land, and premises fronting on a certain public street there situate, to wit, , did willfully and unlawfully allow earth, sand, rock, stones, dust, filth, rubbish, garbage, hay, straw, and other matter to accumulate in said street, in front of said building, land, and premises; tliat the superintendent of public streets, highways, and squares of said city caused a notice to be duly served on and personally delivered to said , requiring him, the said , to remove said earth, sand, rock, stones, dust, filth, rubbish, garbage, hay, straw, and other matter from in front of said building, land, and premises, from the line of said building, land, and premises, to the center of said street; that more than days have elapsed since said notice was served and received by the said as aforesaid, yet the said has will- fully and unlawfullj^ neglected and refused, and still does willfully and unlawfully neglect and refuse, to remove said earth, sand, rock, stones, dust, filth, rubbish, garbage, hay, straw, and other matter from in front of said building, land, and premises, from the line thereof to the center of said street, or from any portion of said street, in front of said building, land, and premises, thereby violating the provisions of section of ordinance number , of the board of supervisors of the city of ; and all of which is contrary to tlie form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . [Signature.] Subscribed and sworn to [etc.], [Official signature.] 381 Complaints — Criminal. Forms 1012-1014 No. 1012. Complaints-Carrying a Concealed Weapon— Justice's Court [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, carrying a concealed weapon, was committed, to wit, by , who did then and there will- fully and unlawfully wear and carry concealed a certain deadly and dangerous weapon, to wit, a ; said not then and there being a public officer, or traveler, and not then and tliere having a permit from the police commissioners of said city of to so wear and carry said weapon, thereby violating the provisions of section of ordi- nance No. of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1013. Complaint— Depositing Rubbisli in Street— Justice's Court. [Title of Cause.] State of , County of , City of , ss. -, being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , county of state of , the crime of misdemeanor, namely, depositing rubbish in street, was committed, to wit, by , who did then and there will- fully and unlawfully deposit a cartload of within the limits of the said city of , and not within that tract of land lying and being within the boundary of the said city of , and described as follows : , thereby violating the provisions of section , of ordinance No. of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the peo- ple of the state of . No. 1014. Complaints-Discharging Tireanns Withiu City Limits- Justice's Court. [Title of Cause.] State of , County of , City of , ss. ^ bcim; duly sworn, makes complaint under oath and says that on the' day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, discharging firearms Forms 1015, 1016 Cowdery's Form Book. 382 within city limits, was committed, to wit, by , who did then and there willfully and unlawfully discharge and shoot off a certain fire- arm, to wit, a , within yards of a public highway and street there situate, to wit. No. — ■ street, and also within yards of a certain dwelling-house there situate, to wit, the dwelling-house of , whose real name is to complainant unknown, and within that portion of said city bounded by streets, the said then and there not having any special permission in writing from the mayor of said city to then and there discharge and shoot off said firearm, to ^t, said , and the said was not then and there shooting de- structive animals within or upon his own inclosure, thereby violating the provisions of section , of ordinance No. of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1015. Complaint— Employ iiig a Minor in Exhibition— Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint nnrler oath and says that on the day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, employing a minor in exhibition, was committed, to wit, by who then and there being a parent, to wit, the father of a certain child, to wit, , under the age of years, to wit, of the age of , years, the real name of which child is to complainant unknown, and the said then and there having the care, custody, and control of the said child. , did then and there willfully and unlawfully exhibit, use, and employ said child in and for the vocation, occupation, service, and purpose of dancing for Viire in a , to wit, at No. street, in said city, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1016. Complaint — Having a Lottery Ticket in Possession— Justice's Court. [Title of Cause.] State of , County of f City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , county of , state •J83 Complaints — Crimestal. Forms 1017, 101b of , the crime of misdemeanor, namely, having a lottery ticket in possession, was committed, to wit, by , who did then and there willfully and unlawfully have in his possession a certain ticket, certifi- cate, paper, and instrument, purporting representing, and understood to be and to represent a ticket, chance, share, and interest in and de- pending upon the event of a lottery, and that said possession was not innocent, and was not for a lawful purpose; said ticket was number , and purported to have been issued by , thereby violating the provisions of section , of ordinance No. , of the board of super- visors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1017. Complaint— Having Possession of Gambling Tools — Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, having possession of gambling tools, was committed, to wit, by , who then and there will- fully and unlawfully, had in his possession one faro-box and spring, with thumb-lever attachment, and one case-keeper, which tools are now in the possession of , in a certain house and on premises there situ- ate, occupied by and under the control of the said , to wit, at No. street, between and streets, in said city, county, and state, with intent then and there to use the same as the means of com- mitting a public offense, to wit, the offense of opening, dealing, playing, and carrying on the banking game of faro, thereby violating the provi- sions of section of ordinance No. of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1018. Complaint— Keeping a Minor in a House of Prostitution- Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , stare of, , the crime of misdemeanor, namely, keeping a minor in a house of prostitution, was committed, to wit, by , who then and there, Forms 1019, 1020 Cowdery's Form Book. 384 being the proprietor, keeper, manager, conductor, and person having the control of a certain house of prostitution, and house and room resorted to for the purpose of prostitution, there situate, did willfully and unlaAv- fuUy admit and keep a certain minor, to wit, , of the age of seven- teen years, therein, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1019. Complaint— Obstructing a Railroad— Justice's Court. [Title of Cause.] State of , County of, , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, obstructing a railroad, was committed, to wit, by , who did then and there willfully and unlaw- fully obstruct a certain railroad car then and there belonging to the • , a corporation then and there existing under and by virtue of the laws of the state of , to wit, by then and there willfully, unlawfully, and wliile said car was in motion and driving in and along and upon street, in said city, put and place a certain in and upon, along and across, the track upon which said railroad car was then and there so driven upon said street as aforesaid, and did then and there willfully and unlawfully stop, delay, hinder, and obstruct said railroad car in its passage in and upon and along said street as aforesaid, and did then and there willfully and unlawfully, in said manner, and by said means aforesaid, obstruct a certain railroad, then and there being, the property of the said , thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1020. Complaint— Obstructing a Sidewalk— Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on ^Vie day of , 19—, in the city of , county of , state of , the crime of misdemeanor, namely, obstructing a sidewalk, was committed, to wit, by , who did then and there willfully and unlaw- fully use the sidewalk of said city in street, not for the display of 385 Complaints— Criminal. Forms 1021, 1022 goods, wares, and merchandise, but, on the contrary, for the sale of, and trafific in, goods, wares, and merchandise, to wit, the sale of , upon a certain stand then and there having been constructed and placed upon the said sidewalk, and not by the person or business firm owning or occupying the premises in front of which said sidewalk is constructed, and not for the purpose of a cellarway or basement window; and said defendant did then and there, by said act, obstruct said sidewalk, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is con- trary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1021. Complaint — Obstructing a Street — Justice's Court. [Title of Cause.] State of , County of J City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, obstructing a street. was committed, to wit, by , who did then and there willfully and unlawfully leave, place, and deposit, and cause to be left, placed, and deposited, upon a certain street of said city, to wit, in front of those certain premises known as , certain boxes of merchandise which boxes of merchandise were and have been so left, placed, and deposited upon said street, at said place, for a longer period than hours ; that said boxes of merchandise were not placed in said street for building purposes; and that said defendant was then and there notified, more than hours prior to the filing of this complaint, by one , who was then and there a duly authorized, qualified, and acting police officei of said city, to remove said obstructions, but that he has failed to do so, thereby violating the provisions of section , of ordinance No. • , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1022. Complaint — Peddling Without a License — Justice's Court. [Title of Cause.] State of , f County of - City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state Form Book — 25 Forms 1023, 1024 Cowdery's Form Book. 386 of , the crime of misdemeanor, namely, peddling without a license, was committed, to wit, by , who did then and there willfully and unlawfully hawk and peddle, and sell and offer for sale, in and upon the streets, alleys, sidewalks, and public places within said city limits, cer- tain goods, wares, and merchandise, to wit, , without having pro- cured from the requisite authorities of said city permission or license to so hawk and peddle, and sell, and offer for sale, the said articles, thereby violating the provisions of section , of ordinance No. , of the board of siipervisors of the state of , and all of which is con- trary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1023. Complaint— Refusing to "Move on and Disperse"— Justice's Court. [Title of Court.] [Title of Cause.] [Title of Form.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, refusing to "move on and disperse," was committed, to wit, by , as follows: that is to say, that then and there the free passage of a public street, and the public sidewalk thereof, to wit, street, between and streets, was obstructed by a crowd, it then and there not being an occasion of a public meeting; that said was then and there one of the persons composing said crowd; that this complainant was then and there, and still is, a police officer of the said city; that this complainant, as said police officer, did then and there request and direct said and the persons composing said crowd to disperse and move on, and said ■ did then and there willfully, unlawfully, and knowingly refuse to move on and disperse when directed so to do by said police officer, as afore- said, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . No. 1024. Complaint— Violation of Tire Ordinance— Justice's Court. [Title of Cause.] State of , County of , City of , S3. , being duly sworn, makes complaint under oath and says that on the day of, 19 — , in the city of , county of , state of the crime of misdemeanor, namely, violation, of fire ordinance, 387 Complaints — Criminal, Forms 1025, 1026 was committed, to wit, by , who then and tlicre did willfully and ■unlawfully erect, build, and maintain, and cause to be erected, built, and maintained, over and upon the roof of a certain building situate within the limits of said city, to wit, at No. street, between and streets, which said streets were then and there public streets of and in said city, certain scaffoldinjr, without having first obtained the written permission of the board of supervisors of said city so to do, thereby violating provisions of section , of ordinance Xo. , of the board of supervisors of the state of , and all of wliich is con- trary to the form, force and efi'oft of tlie statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1025. Complaint — Violation of Hack Ordinance — Disobedience of Police Directions — Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, violation of hack ordinance, was committed, to wit, by , who, then and there being at , with a hackney carriage for passengers, did then and there willfully and un- lawfully disobey the directions and orders of one , who was then and there a duly appointed, acting, and qualified police officer of said city, respecting the standing of such carriage while waiting for passengers, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1026. Complaints-Violation of Hack Ordinance— Soliciting Busi- ness — Justice's Court. [Title of C»use.] State of , County of f City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, violation of hack ordinance, was committed, to wit, by , who did then and there willfully and unlawfully, while following the employment of hackman and runner, and being then and there actually engaged in such employment at , Forms 1027, 1028 Cowdery's Form Book. 383 in said city, leave his hack and fail and refuse to remain within feet thereof while so engaged as aforesaid, thereby violating the pro- visions of section , of ordinance No. , of the board of super- visors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1027. Complaint — Violation of Health Ordinance^Leaving Stag- nant Water, etc., upon Premises — Justice's Court. [Title of Cause,] State of , County of , City of , ss. , being duly sworn, makes complaint upon oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, leaving stagnant water [<5tc,] upon premises, was committed, to wit, by , who did then and there willfully and unlawfully discharge, place, keep, and leave upon certain premises, to wit, on lot , being on the side of • street, between and streets, in said city, and known as No. — street, certain stagnant water, filth, and garbage, and putrid, un- sound, and unwholesome matter, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1028. Complaint — Violation of Health Ordinance — Wrongful Placing of Vault — Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, violation of health ordi- nance, was committed, to wit, by , who did then and there willfully and unlawfully place a certain vault on certain premises, to wit, at , there being, which said vault was placed as aforesaid at a less distance than feet from the line of said property upon which said vault was placed as aforesaid, thereby violating the provisions of sec- tion , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . 389 Complaints— Criminal. Forms 1029-1031 No. 1029. Complaint — Violation of Water Ordinance — Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in tlie city of , county of ■ , state of , the crime of misdemeanor, namely, violation of water ordi- nance, was committed, to wit, by , who did then and there willfully and unlawfully use the city water of said city for making , without having made an application to the clerk of the waterworks of said city, and without having obtained a permit from the superintendent and clerk of said waterworks to use said water for said purpose, thereby violating the provisions of section of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and pro- vided and against the peace and dignity of the people of the state of . No. 1030. Complaint— Visiting a Gambling-house — Justice's Court. [Title of Cause.] State of , County of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namel}'^, visiting a gambling-house, was committed, to wit, by , who then and there did willfully and unlaw- fully become, and was, a visitor to a certain house and place, for the practice of gambling, there situate, and in that portion of said city bounded by streets, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1031. Complaint — Visiting a House of 111 Fame — Justice's Court. [Title of Court.] [Title of Cause.] [Title of Form.] State of , Count}7 of , City of , ss. , being duly sworn, makes complaint under oath and says that on the day of , 19 — , in the city of , county of , state of , the crime of misdemeanor, namely, visiting a liouse of ill fame, Forms 1032, 1033 Cowdery's Form Book. ' 390 was committed, to wit, by , who then and there did willfully and luilawfully become, and was, a visitor to a certain house of ill fame there situate, and in that portion of said city bounded by streets, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is con- trary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1032. Complaint— Visiting Gambling-house— Justice's Court. [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. Personally appears before me this fourth day of May, A. D. 1917, C. P., who, on oath, makes complaint, and deposes and says that on the first day of May, A. D. 1917, in the city and county of San Francisco, state of California, the crime of misdemeanor was committed, to wit, by J. H. (whose real name is unknown to this complainant), who then and there did willfully and unlawfully become and was a visitor to a certain house and place for the practice of gambling there situate, and in that portion of said city and county of San Francisco bounded by Larkin, Market, Church, Eighteenth, and Channel streets and the Water Front, thereby violating the provisions of section , of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1033. Complaint — Vulgar Language — Justice's Court. [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. Personally appears before me this fifteenth day of July, A. D. 1917, M. M., Avho, on oath, makes complaint, and deposes and says, that on the thirteenth day of June, A. D. 1917, in the city and county of San Francisco, state of California, the crime of misdemeanor was committed, to wit, by C. C. (whose real name is unknown to this complainant), who then and there did willfully and unlawfully address to this complainant, and utter and speak vulgar and profane and obscene language and words, and language and words having a tendency to create a breach of the peace, in the presence and hearing of two or more persons, there- by violating the provisions of section of ordinance No. , of the board of supervisors of the state of , and all of which is contrary to the form, force and effect of the statute in such case made and pro- vided and against the peace and dignity of the people of the state of . 391 Complaints — CiiiMiNAL. Forms 1034-1036 No. 1034. Complaint — Robbery. [Title of Court and Cause.] State of California, County of Marin, — ss. Personally appears before me, this seventh day of August, A. D. 1917, J. J., who, on oath, makes complaint, and deposes and says, that on the first day of August, A. D. 1917, in the county of Marin, state of California, the crime of robbery was committed, to wit, by J. G., who then and there did feloniously and with force and arms make an assault upon said J. J., and with violence to his person, and against his will, did tlien and there feloniously and violently steal, take and carry away by force from the person of the said J. J., one gold watch of the value of one hundred dollars, and of the personal property of said J. J., all of which is contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. And this complainant, upon oath, accuses the said J. G. of having committed the said crime; and this complainant further alleges and deposes that the said accused was arrested therefor, and prays that the said accused may be brought be- fore a magistrate and dealt with according to law. No. 1035. Complaints Assault With a Deadly Weapon. [Title of Court and Cause.] State of California, County of Sierra, — ss. Personally appears before me, this twenty-third day of May, A. D. 1917, C. W., who, on oath, makes complaint, and deposes and says, that on the third day of May, A. D. 1917, in the county of Sierra, state of California, the crime of assault upon the person of another with a deadly weapon, with intent to do bodily harm, and without just cause or excuse, and when no considerable provocation appears, was committed, to wit, by J. B. (whose real name is unknown to this deponent), who then and there did willfully, unlawfully, and feloniously, and with force and arms, without just cause or excuse make an assault upon C. W. with a deadly weapon, to wit, a Winchester rifle, and did then and there, with an intent to do bodily harm to and upon the person of said C. W., there being no considerable provocation therefor, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1036. Complainl^-Forgery— Justice's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , who on oath makes complaint, and dei)oscs and says, that on Forms 1037, 1038 Cowdery's Form Book. 392 the day of , A. D. 19 — , in the county of , state of California, the crime of felony, to wit: Forgery, was committed by ■ (whose real name is unknown to this complainant), who did then and there willfull}^, unlawfully, feloniously, falsely, fraudulently and with intent to prejudice, damage and defraud , make, alter, forge and couuterieit a certain instrument in writing for the payment of money in the words and figures, following to wit: . And he, the said then and there well knowing the same to be false and forged, did then and there to wit, on the day of , A. D. 19 — , in the said county of , willfully, unlawfully, feloniously, falsely, fraudulenty and with intent to prejudice, damage nnd defraud the said , utter, publish and pass the same as true and genuine to . Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. And this complainant, wpon oath, accuses the said (whose real name is unknown to this complainant) of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me, this day of , A. D. 19 — . No. 1037. Complaint — Assault to Murder, [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. Personally appears before me this third day of July, A. D. 1917, J. H., who, on oath, makes complaint, and deposes and says that on the first da}' of July, A. D. 1917, in the county of Placer, state of California, the crime of an assault with an intent to commit murder was committed, to wit, by J. K. (whose real name is unknown to this complainant), who then and there did unlawfully, feloniously, willfully, and with malice aforethought, make an assault upon J. H. with a deadlj' weapon, to wit, a shotgun, and did then and there make said assault; and all with an intent feloniously, willfully and unlawfully, and with malice aforethought, to kill and murder said J. H. ; all of Avhich is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of . No. 1038. Complaint — Pveceiving Stolen Goods. [Title of Court and Cause.] State of California, County of El Dorado, — ss. Personally appears before me this third day of May, A. D. 1917, P. P., who, on oath, makes complaint, and deposes and says that on the thir- 393 Complaints — Criminal. Forms 1039, 1040 tieth day of April, A. D. 1917, in the county of El Dorado, state of California, the crime of felony was committed, to wit, by J. J. (whose real name is unknown to this complainant), as follows, to wit, that on the thirtieth day of April, A. D. 1917, at said county, one J. B. (whose real name is unknown to this complainant), did willfully, unlawfully and feloniously steal, take, and carry away a diamond ring', of the value of one hundred dollars, of the personal property of J. G. (whose real name is unknown to this complainant), and that thereafter, to wit, on the said thirtieth day of April, A. D. 1917, at said county, the said J. J. did willfully, unlawfully, knowingly, feloniousl.y, and for his own gain, and to prevent the owner, the said J. G., from again possessing his said personal property, buy and receive from said J. B. the said diamond ring, and the said J. J. then and there, well knowing the same to have been stolen, as aforesaid stated; all of which is contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. No. 1039. Complaint — Burglaiy in tlie First Degree. [Title of Court and Cause.] State of California, County of Tulare, — ss. Personally appears before me this fourteenth day of June, A. D. 1917, J. B., who, on oath, makes complaint and deposes and says, that on the thirtieth day of May, A. D. 1917, in the county of Tulare, state of California, the crime of burglary of the first degree was committed, to wit, by C. B., who then and there, in the night-time of said day, did feloniously, forcibly and burglariously break and enter the house, room, shop, warehouse, store, and building of W. C. there situate, with intent to commit grand larceny, and did there and then feloniously and bur- glariously steal, take, and carry away one gold watch of the value of tAvo hundi-ed dollars, and of the personal property of W. C, contrary to the form, force and effect of the statute in such case made and pro- vided and against the peace and dignity of the people of the state of California. No. 1040. Complaint — Uttering rictitious Check, etc.— Justice's Court. [Title.] State of , of San Francisco, — ss. Personally appears before me, this day of , A. D. 191 — , -, who. on oath, makes complaint, and deposes and says, that on the day of , A. D. 19 — , in the , county of , state of , the ci'ime of felony, to wit : Violating section 476A of the Penal Code, was committed, to wit, by (whose real name is unknown to this complainant), who then and there willfully, unlawfully, feloniously, falsely, fraudulently and with the intention to defraud , did make, Form 1041 Cowdery's Form Book. 394 draw, utter and deliver to a certain check and draft for the pay- ment of money drawn on a certain bank, banker and depositary for the payment of money, to wit: , and in the words and figures following, to wit: , said knowing at the time of such making, drawing, uttering and delivery that he the said had not sufficient funds in or credit with said bank, banker and depositary for the payment of money to meet such check and draft in full upon its presentation at aaid bank, banker and depositary for the payment of money. Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime; and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 19 — . , Justice of the Peace. No. 1041. Complaint— Receiving Stolen Propearty— Justice's Court. [Title.] State of California, City and County of San Francisco, — ss. Personally appears before me, this day of , A. D. 19 — , , who, on oath, makes complaint, and deposes and says, that on the day of , A. D. 19 — , in the county of , state of , the crime of felony, to wit: Receiving stolen property, was committed, to wit, by (whose real name is unknown to this complainant) that one did feloniously steal, take and carry away of the value of dollars in lawful money of the United States of America, and of the personal property of one thereafter, to wit. on or about the said day of , A. D. 19 — , at the said county of , state of , the said did willfully, unlawfully, knowingly and feloniously and for his own gain, and to prevent the owner, the said from again possessing his said personal property, buy and receive from said , the said then and there well knowing the same to have been stolen as aforesaid. Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of — — . And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime; and this complain- ant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and 395 Complaints — CmMixNAii. Forms 1042, 1043 prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me, this day of , A. D. 19 — . No. 1042. Complaint— Petit Larceny With Previous Conviction. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , -, who on oath makes eom])laint, and deposes and says, that on the day of , A. D. 19—, in the , county of , state of , the crime of felony, to wit: Petit larceny, with a previous conviction of was committed, to wit, by (whose real name is unknown to this complainant), who was in the court of , county of , convicted of the crime of , to wit, under the name of ; that the judgment upon said conviction was pro- nounced, rendered, given and made on the day of , A. D. , and bears said last-mentioned date and has never been reversed, annulled nor set aside. That thereafter and on the day of , A. D. 19—, in the said of , state of , the said ■ did then and there willfully and unlawfully, and feloniously steal, take and carry away of the value of dollars ($ ), m gold coin of the United States of America, and of the personal prop- erty of . Contrary to the form, force and effect of the statute in Buch case made and provided, and against the people of the state of . And this complainant, upon oath, accuses the said (whose real'name is unknown to this complainant) of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual com- mission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me, this day of , A. D. 19 — . No. 1043. Complaint— Obtaining Goods or Money by False Pretenses- Justice's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19^, — , who, on oath, makes complaint, and deposes and says, that on the day of , A. D. 19 — , in the , county of , state of California, the crime of , to wit: Obtaining money by false Form 1043 Cowdery's Form Book. 39G pretenses was committed, to wit, by (whose real name is unknown to this complainant), who then and there devising and intending by unlawful ways and means, and by false and fraudulent pretenses and representations to obtain and get into his possession the goods and per- sonal property and moneys of , Vv'ith intent to cheat and defraud, and thereby then and there to cheat and defraud said of the same, did then and there willfially and unlawfully, knowingly and designedly, falsely and fraudulently, pretend and represent to the said that whereas, in truth and in fact as — he — the said then and there well knew. And the said then and there believing the said false and fraudu- lent pretenses and representations so made as aforesaid by the said to be true, and relying thereon, and being deceived thereby, was induced by reason of the said false and fraudulent pretenses and repre- sentations so made as aforesaid, to deliver, and did then and there deliver to the said of the value of dollars, in gold coin of the United States of America, and of the goods and personal property and moneys of the said and the said then and there, by means of the said false and fraudulent pretenses and representations so made as aforesaid, did then and there willfully and unlawfully, knowingly, designedly and fraudulently receive and obtain from said the said goods and personal property and moneys hereinbefore described and set forth, with intent to cheat and defraud the said of the same, and the said did then and there, willfully, unlawfully and fraudulently, take and carry away the same. Whereas, in truth and in fact, the said pretenses and representations so made as aforesaid, was and were then and there in all respects utterly false and untrue and fraudulent, and whereas in truth and in fact the said well knew the said pretenses and representations so made by h — as aforesaid to be utterly false and untrue and fraudulent at the time of making the same. And the said then and there in the manner and by the means aforesaid, did then and there and thereby willfully, and unlawfully, knowingly and designedly cheat and defraud the said of the said goods and personal property and moneys hereinbefore described and set forth. All to the great damage of the said . Contrary to the form, force nnd effect of the statute in such case made and provided, and against the peace and dignity of the people of the state or . And this com- plainant, upon oath, accuses the said (whose real name is unknown to this complainant) of having committed the said crime; and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. , 19—. 397 Complaints — Criminal. Fornas 1044, 1045 No. 1044. Complaint-Omitting to Provide for Minor CMid— Justice's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , — , vrho, on oath makes complaint and deposes and says, that on the — day of , A. D. 191—, in the county of , state of the crime of felony, to wit: Omitting to provide for a minor child, was committed, to wit, by (whose real name is unknown to this complainant), who then and there being the parent and guardian, and having the custody and control of a certain minor child, to wit, of the age of years, did then and there willfully, unlawfully and feloniously and without lawful excuse, omit to furnish said minor child with necessary food, clothing, shelter and medical attendance, he having the ability so to do. Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of • . And this complainant, upon oath, accuses the said (whose real name is unknown to this com- plainant), of having committed the said crime; and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. ^o Subscribed and sworn to before me, this day of , A. D. 19 — . No. 1045. Complaint— Making or Passing Pictitious Instrument^Jus- tioe's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , , who, on oath, makes complaint and deposes and says, that on the day of , A. D. 19—, in the county of , state of , the crime of felony, to wit: Making and passing a fictitious instrument in writing for payment of money, was coinmitted, to wit: by (whose real name is unknown to this complainant) who did then and there willfully, unlawfully, feloniously, falsely, fraudulently and with the in- tention to defraud , make a certain fictitious bill, note, check and instrument in writing for the payment of money, purporting to be signed by , in the words and figures, to wit : . Whereas, in truth and in fact there was and is no such as in existence as —he—, the said , then and there well knew; and he, the said , then and there well knowing the said bill, note, check and instrument in writ- ing for the payment of money to be then and there false and fictitious, Forms 1016, 1047 Cowdeby's Form Book. 398 did tlien and there, to wit, on the day of , A. D. 19—, in the said county of , willfully, unlawfully, feloniously, falsely, fraudulently and with the intention to defraud the said , utter, publish and pass the same as true and genuine to . Contrary to the form, force and effect of the statute in such cases made and pro- vided, and against the people of the state of . And this complain- ant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime; and this com- plainant further alleges and deposes that the said accused was then and there arrested therefor, in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of ^ A. D. 19—. No. 1046. Complaint — Grand Larceny. [Title.] State of , County of , S3. Personally appears before me, this day of , A. D. 19 — , , who on oath makes complaint and deposes and says, that on the day of , A. D. 19—, in the county of , state of -, the crime of felony, to wit : Grand larceny, was committed by (whose real name is unknown to this complainant), who did then and there willfully, unlawfully and feloniously steal, take and caiTy away , of the value of dollars ($ ), in gold coin of the United States of America, and of the personal property of . Contrary to the form, force and effect of the statute in sucli case made and provided, and against the peace and dignity of the people of the state of -. And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant) of having committed the said crime; and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. , 19—. —r^ No. 1047. Complaint — Attempt to Commit Burglary — Justice's Court. [Title.] State of , • County of , ss. Personally appears before me, this day of , A. D. 19 — , -, who, on oath, makes complaint and deposes and says, that on the day of , A. D. 19 — , in the county of , state 399 Complaints — Criminal. Form 1048 of , the crime of felony, to wit: Attempt to commit burglary was committed, to wit, by , (whose real name is unknown to this com- plainant), who did then and there willfully, unlawfully, feloniously, and burglariously attempt to enter the house, room, apartment, tene- ment, shop, warehouse, store and building of , and situated in the said county of , with the felonious intent then, there and therein to commit larceny . Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . And this com- plainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 19 — . No. 1048. Complaint — Assault With a Deadly Weapon — Justice's Court. [Title.] State of California, ■ County of , ss. Personally appears before me, this day of , A. D. 191 — , -, who, on oath, makes complaint and deposes and says, that on the day of , A. D. 19—, in the county of , state of , the crime of felony, to wit : Assault with a deadly weapon was committed, to wit, by (whose real name is unknown to this com- plainant) who did then and there, with a deadly weapon and instrument, to wit: , willfully, unlawfully and feloniously, in and upon the person of one , make an assault which said assault was likely to produce great bodily injury to and upon the person of the said , contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having com- mitted the said crime; and this complainant further alleges and de- poses that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 19—. Forms 1049, 1050 Cowdery's Foem Book. 400 No. 1049. Complaint — Assault by Means and Force Likely to Producs Great Bodily Injury— Justice's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , -, who, on oath, makes complaint and deposes and says, that on the day of , A. D. 19—, in the county of , state of , the crime of felony, to wit : Assault by means and force likely to produce great bodily injury, was committed, to wit, by (wliose real name is unknown to this complainant), who did then and there willfully, unlawfully and feloniously make an assault in and upon the person of one , by means and force likely to produce great bodily injury, to wit: . Contrary to the form, force and effect of the statute in such case made and provided, and asrainst the peace and dig-nity of the people of the state of . And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 19 — . No. 1050. Complaint— Assault With Intent to Commit Murder— Jus- tice's Court. [Title.] State of - > — County of , ss Personally appears before me, this day of , A. D. 19 — , , who, on oath, makes complaint and deposes and says, that on the day of , A. D. 19—, in the county of , state of , the crime of felony, to wit: Assault with intent to commit murder was committed, to wit, by (whose real name is un- known to this complainant), who did then and there willfully, unlaw- fully, feloniously and with malice aforethought, by means of a deadly weapon, to wit, , make an assault in and upon tlie person of one , with the felonious intent, then, there and thereby to kill and murder the said . Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of . And this complainant, upon oath, accuses the said (whose true name is unknown to this com- plainant), of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and tliere 401 Complaints — Criminal. Form 1051 arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 191 — . No. 1051. Complainl^Assault With Attempt to Commit Robbery- Justice's Court. [Title.] State of , County of , ss. Personally appears before me, this day of , A. D. 19 — , -, who, on oath, makes complaint and deposes and says, that on the day of , A. D. 191 — , in the county of , state of , the crime of felony, to wit: Assault with attempt to commit robbery, was committed, to wit, by (whose real name is un- known to this complainant), who did then and there willfully, unlaw- fully, and feloniously atttempt to steal, take and carry away from the person, possession, and immediate presence of one the money, goods, and chattels of the said , without the consent and against the will of the said , and to accomplish the said stealing, taking and carrying away by means of force used upon and against the person of the said by , and by then and there putting the said in fear. Contrary to the form, force and effect of the statute in such case made and provided, and against the peace and diernity of the people of the state of . And this complainant, upon oath, accuses the said (whose real name is unknown to this complainant), of having committed the said crime, and this complainant further alleges and deposes that the said accused was then and there arrested therefor in the actual commission of the said offense, and prays that the said accused may be brought before a magistrate and dealt with according to law. Subscribed and sworn to before me this day of , A. D. 19—. [Signature.] Res. or Place of Bus. jTorm Book — 20 Form 1082 Cowdeky's Form Book. 402 COMPOSITION. 1082. Composition agreement between debtor and creditors. No. 1082. Composition Agreement Between Debtor and Creditors. Know all men by these presents: That A. B., of Jackson, county of Amador, state of California, is indebted unto us, his said several cred- itors, in divers sums of money; but by reason of sundry losses, hap- pened unto the said A. B., he is become unable to satisfy our demands, and therefore we, the said creditors, have resolved and agreed to undergo a certain loss, and to accept of twenty cents, gold coin of the United States, for every dollar owing by the said A. B. to us, the several and respective creditors aforesaid, to be paid, in such gold coin, in full satisfaction and discharge of our several and respective debts: Now we, the said creditors of the said A. B., do, for ourselves, sev- erally and respectively, and for our several and respective heirs, execu- tors, and administrators, promise and agi'ee, to and with the said A. B., by these presents, that we, the said several and respective creditors, shall and will accept of and from the said A. B., for each and every dollar that the said A. B. does owe to us, the said several and respective creditors, the sum of twenty cents, payable in gold coin of the United States, in full discharge and satisfaction of the several debts and sums of money that the said A. B. does owe and stand indebted unto us; to be paid unto us, the said several and respective creditors, within the time or space of six months next after the date of these presents; and we, the said several and respective creditors, do severally and re- spectively covenant, promise, and agree, to and with the said A. B., that the said A. B. shall and may, from time to time, and at all times, within the said time or space of twelve months next ensuing the date hereof, assign, sell, or otherwise dispose of, all his goods and chattels, wares and merchandise, at his own free will and pleasure, for and toward the payment and satisfaction of the said twenty cents for every dollar the said A. B. does owe and is indebted unto us, as aforesaid; and that neither we, the said several and respective creditors, nor any or either of us, shall or will, at any time or times hereafter, sue, arrest, molest, or trouble the said A. B., or his goods and chattels, for any debt or other thing, now due or owing to us, or any of us, his respective creditors; so as the said A. B., well and truly paid, or cause to be paid, in such gold coin, the said sum of twenty cents for every dollar he does owe and stand indebted to us, respectively, within the said time or space of six months next ensuing the date hereof; and all and every of the grants, covenants, agreements, and conditions, herein contained, shall extend to and bind our several executors, administrators, and assigns. Dated Signatures. Amounts. 403 Compromise — Confession of Judgment. Forms 1090-1093 COMPROMISE. 1090. Complaint to recover amount of compromise. No. 1090. Complaint to Recover Amount of Compromise. [Title of Court.] [Title of Cause.] [Title of Form.] The plaintiff complains, and alleges: 1. That on the day of , 19 — , an action was pending in the said court, brought by the plaintiff to recover from the defendant the sum of dollars ($ ), for goods sold by plaintiff to the defendant. 2. That on the day of , 19 — , at , in consideration that the plaintiff would discontinue said action, and would accept dollars ($ ) in satisfaction of his claim, the defendant promised to pay the plaintiff the sum of dollars ($ ). 3. That the defendant accordingly discontinued said action. 4. That no part of said sum has been paid. Wherefore [etc.]. [Signature.] CONDITIONS. Condition of Assignee's Bond — Kansas, No. 548. Condition of Bond on Special Submission, No. 411. Condition of County Clerk's Bond — Kansas, No. S14. Condition of County Treasurer's Bond — Colorado, No. 812. Condition of Guardian's Bond — Washington, No. 2009. Condition of Official Bond— Wyoming, No. 819. Condition of Sheriff's Bond— Colorado, No. 813. CONFESSION OF JUDGMENT. 1093. Confession of judgment. 1094. Entry of confession of judgment. CEOSS-REFEBENCES. Confession of Judgment — Power of Attorney to Confess Judgment, No. 2985. No. 1093. Confession of Judgment. [Title of Court and Cause.] I, R. R., of Oroville, county of Butte, state of California, do hereby confess judgment herein in favor of J. D. of Quincy, county of Plumas, state of California, for the sum of $650, gold coin of the United States, and authorize judgment to be entered therefor against me, with legal interest thereon from this date. This confession of judgment is for a debt justly due and owing to the said J. D., arising upon the following facts, to wit : At various times between the twentieth day of September, 1917, and the fifteenth day of September, 1917, I received for the use and benefit Form 1094 Cowdery's Form Book. 404 of tlie said J. D., and from one J. S., divers sums of money, gold coin of the United States, amounting in the aggregate to said sum of $650, no part of which has ever been paid to said J. D., and it is now due. [Signature.] State of California, County of Butte, — ss. R. R., being duly sworn, says that he is the person who signed the above statement, and that he is indebted to the said J. D. in the sum of $650, gold coin of the United States, in said statement mentioned; that there are no offsets to the same, and that the facts stated in the above confession and statement are true. [Signature.] Subscribed and sworn to [etc.]. NOTE. A judgment by confession may be entered without action either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. Such judgment may be entered in any court having juris- diction for like amounts. , /. j ^ a A statement in writing must be made, signed by the defendant, and rerified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same: Alaska, Comp. Laws 1913, sees. 1073-1079; Arizona, Eev. Stats. (Civ. Code 1913), sec. 560; California. Code Civ. Proc, sees. 1132, 1133; Idaho, Eev. Codes 1907, sec. 5061; Kansas, Gen. Stats. 1915, sec. 7304 et seq.; Montana, Eev. Codes 1907, sees. 7250-7253; Nebraska, Rev. Code 1913, sec. 8002 et seq.; Nevada, Rev. Laws 1912, sees. 5249-5251; New Mexico, Stats. Ann. 1915, sec. 3073 et seq.; North Dakota, Comp. Laws 1913, sec. 8477 et seq.; Oklahoma, Harris & Day's Code 1910, see. 5306; Oregon, Lord's Orr-nn Laws, sec. 186 et seq.; South Dakota, Comp. Laws 1913, sees. 5.o3/-o.'339; Utah, Comp. Laws 1907, sees. 3213-3215; Washington, Rem. Code, sec. 413 et seq.; Wyoming, Comp. Stats. 1910, sec. 4618. No. 1094. Entry of Confession of Judgment. [Title of Court and Cause.] In this matter, R. R., having filed his confession of judgment, wherein he authorizes and consents that judgment be entered in favor of J. D., for the sum of $650, gold coin of the United States ; therefore, by reason of the law and the premises aforesaid, it is ordered and adjudged, that the said J. D. do have and recover of and from the said R. R. the sum of $650, gold coin of the United States, with interest thereon, at the rate of seven per cent per annum, from the date hereof until paid, to- gether with the sum of ten dollars costs herein. Dated . NOTE.— California, Code Civ. Proc, sec. 1133. 405 Consent — Contempt. CONSENT. Consent of Stockholders to Change Principal Place of BuBinees, No. 1297. Consent to Adoption, No. 251. Consent to Adoption — Wyoming, No. 252. CONTEMPT. 1103. Affidavit of contempt by disobedience of subpoena. 1104. Affidavit of contempt in unlawfully detaining witness. 1105. Affidavit— Contempt by member of jury in conversing about merits of action. 1106. Affidavit — Contempt by person summoned as juror, improperly con- versing about merits of action. 1107. Affidavit— Unlawful interference with the proceedings of a court- Contempt. 1108. Affidavit — Contempt in rescuing a person in the custody of an officer. 1109. Affidavit of contempt by referee, in neglecting to take testimony. 1110. Affidavit of contempt for refusing permission to take copy of ac- count. 1111. Affidavit of contempt by person assuming to be attorney without authority. 1112. Affidavit of contempt in abusing process of court. 1113. Affidavit of contempt in applying for order after refusal thereof by another judge of same court. 1114. Affidavit of contempt in disobeying mandate of court. 1115. Affidavit of contempt by clerk, in neglecting to enter default. 1116. Affidavit of contempt in willfully neglecting to serve subpoena. 1117. Affidavit of contempt in refusing to obey order of court, 1118. Affidavit of contempt by re-entry into real property after ejectment. 1119. Affidavit of contempt by dissuading witness from attending court. 1120. Affidavit— Contempt by attorney in willfully neglecting his duty. 1121. Order for defaulting juror to show cause. 1122. Order to show cause why party should not be punished for contempt. 1123. Order purging of contempt. 1124. Order convicting of contempt after order to show cause. 1125. Attachment for defaulting witness. 1126. Judgment of conviction of contempt in view of judge. 1127. Judgment of conviction for contempt in presence of the court. 1128. Order directing attachment against administrator for contempt in not rendering account. 1129. Order committing administrator for contempt for disobeying order of court. 1130. Order revoking letters after commitment for contempt. 1131. Warrant of commitment for contempt in using disrespectful and con- temptuous language. 1132. Warrant for contempt — Justice's court — Washington. 1133. Judgment for contempt — Justice's court — Washington. INTRODUCTORY NOTE. In California, the following acts, in respect to a court of justice, are contempts: 1. Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding ; 2. A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding; Form 1103 Cowdery's Foem Book. 406 3. Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person ap- pointed or elected to perform a judicial or ministerial service; 4. Deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding; 5. Disobedience of any lawful judgment, order, or process of the court; 6. Assuming to be an officer, attorney, counsel of a court, and acting as such with- out authority ; 7. Rescuing any person or property, in the custody of an officer by virtue of an order or process of such court ; 8. Un- lawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial; 9. Any other unlawful interference with the process or proceedings of a court; 10. Disobedience of a sub- poena duly served, or refusing to be sworn or answer as a witness; 11, When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person, in relation to the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately dis- closing the same to the court; 12. Disobedience, by an inferior tribunal, magistrate, or officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after such action or special proceeding is removed from the jurisdiction of such inferior tribunal, magis- trate, or officer. Disobedience of the lawful orders or process of a judicial officer is also a contempt of the authority of such officer. It is also a contempt for a person ejected from real property to re-enter under the same [old] titles: Code Civ. Proc, sec. 1209. NOTE. — Alaska, Comp. Laws 1913, sees. 1441-1455; Arizona, Eev. Stats. (Civ. Code 1913), sees. 1798-1804; California, Code Civ. Proe., sees. 1209- 1222; Hawaii, Rev. Code 1915, sees. 4052-4056; Idaho, Eev. Codes 1907, sees. 5155-5168; Kansas, Gen. Stats, 1915, sees. 3104-3109; Montana, Rev. Codes 1907, sees. 7309-7322; Nebraska, Rev. Code 1913, sees. 8236-8238; Nevada, Rev. Laws 1912, sees. 5394-5407; North Dakota, Comp. Laws 1913, sees. 8178-8201; Oklahoma, Harris & Day's Code 1910, sees, 2277-2280; Oregon, Lord's Oregon Laws, sees. 670-684; Utah, Comp. Laws 1907, sees. 3358-3373; Washington, Rem. Code, sees. 1049-1062; Wyoming, Comp. Stats. 1910, sec. 4549. No. 1103. Affidavit of Contempt by Disobedience of Subpoena. [Title of Court and Cause.] State of California, County of Butte, — ss. J. B., being duly sworn, says: That he is a duly elected, qualified and acting sheriff of said county; that on the second day of Januar}', 1917, in the town of Downieville, Sierra county, he duly served a subpoena 407 Contempt. Forms 1104, 1105 on H. C, Esq., duly issued out of this court, on the part of defendant, commanding the said H. C, Esq., to appear in this court on this third day of January, 1917, at the hour of ten o'clock A. M., as a witness on behalf of defendant; that the said H. C. did not demand his fees as a witness ; that the said H. C. has not obeyed said subpoena, and did not appear as a witness this day, though his name was by me, as directed by the judge of this court, called in a loud voice at the door of this court. Wherefore, affiant prays that a warrant may be issued for the arrest of said H. C, and that he may be dealt with as provided by law. [All courts.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 10), 1211. No. 1104. Affidavit of Contempt in Unlawfully Detaining Witness. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that on , 19 — , he was in good faith served with a subpoena to attend on said , 19—, as a witness be- fore the above-entitled court ; that on said said action was on the calendar for trial ; that on said day, while affiant was on his way to the room where this court was then sitting, he was arrested by , con- stable of township, upon a warrant of arrest issued by , a justice of the peace of said township, in a civil action brought in said court to recover the possession of , upon a complaint alleging that affiant had unjustly detained the to prevent its being found; and that affiant exhibited his subpoena to said constable, but he refused to permit affiant to obey said subpoena. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proe., sees. 1209 (subd. 8), 1211. No. 1105. Affidavit — Contempt by Member of Jury in Conversing About Merits of Action. [Title of Court and Cause.] State of , County of , ss. being duly sworn, says that he is the plaintiff in the above-en- titled action, and is a defendant in said action ; that said action is now, on this day of — — , 19 — , on trial before said court before a jury ; that is a member of said jury ; that on said day of , Forms 1106, 1107 Cowdery's Form Book. 408 snid , while a member of said jury, improperly conversed with in relation to the merits of said action. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc,]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 11), 1211. No. 1106. Affidavil^Contempt by Person Summoned as Juror, Im- properly Conversing About Merits of Action. [Title of Court and Cause.] State of , County of , ss. ^ being duly sworn, says that he is a deputy sheriff of the said county of ; that he summoned to serve as a juror in the above- entitled action; that after the said was summoned as aforesaid he improperly conversed with relating to the merits of said action; and tliat said conversation was had for the purpose of causing him to be disqualified to sit as a juror in the trial of said action. Wherefore [etc.]. [Signature.]. Subscribed and sworn to [etc,]. [Official signature.] NOTE.— See Cal. Code Cir. Proc, sees. 1209 (subd. 11), 1211. No. 1107. Affidavit— Unlawful Interference With the Proceedings of a Court — Contempt. [Title of Court and Cause.] Stale of Calif orina, County of Butte, — ss. A. B., being duly sworn, says: That he is plaintiff in the above-en- titled action, and C, D. is defendant. That said case is set for trial on June 3, 1917, at 10 o'clock A. M., before the judge of said court sitting without a jury. That on May 25, 1917, plaintiff caused E. F., a com- petent and material witness on plaintiff's behalf, to be subpoenaed to appear before said court at said trial. That on June 2, 1917, said de- fendant dissuaded said witness from attending said court to testify on belialf of plaintiff in said action [or, that he dissuaded him not to attend after promising to attend without subpoena; or that he threat- ened him with injury if he did attend; or that he threatened a party to the action with injury if he attended ; or offered to influence the court or jury on behalf of a party] . That said witness did not attend at said trial because of said dissuasion. Wherefore [etc,]. [Signature.] 409 Contempt. Forms 1108, 1109 NOTE. — Such conduct is unlawful interference with the process or pro- ceedings of a court: California, Code Civ. Proe., sees. 1209 (subd, 9), 1212. See In re Buckley, 69 Cal. 1, 31, 10 Pae. 69. No. 1108. Affidavit — Contempt in Rescuing a Person in the Custody of an Officer. [Title of Court and Cause.] Slate of California, County of Butte,— ss. A. B., being sworn, says : That he is a deputy sheriff of the county of Butte. That under the authority of a warrant issued out of said court and by order of the judge thereof, and delivered to him by the district attorney, he, on the third day of June, 1917, arrested and took into custody C. D., tlie person said warrant directed him to arrest, and bring before this court. That on the day of said arrest, the said C. D. was by E. F. and over thirty others, to affiant unknown, taken from the custody of affiant with violence and irresistible force. That affiant was dis- armed and beaten by said E. F. and others. Wherefore [etc.]. [Signature.] NOTE. — Rescuing a person or property in the custody of an officer by virtue of any order or process of a court is a contempt: California, Code Civ. Proc, sees. 1209 (subd. 7), 1212. No. 1109. Affidavit of Contempt by Referee, in Neglecting to Take Testimony. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above-en- titled action; that on , 19 — , said action was referred to , to take the testimony and report his finding and judgment; that he con- sented to act, and did act to the extent of hearing all plaintiff's testimony and the submission of his ease; that when said case was submitted on the part of plaintiff, to wit, on , 19 — , said referee announced that he Avould take defendant's testimony, commencing on , 19 — , at a time and place then agreed upon by plaintiff and defendant; that at the time and place agreed upon said referee neglected to appear, and affiant has repeatedly requested him to take testimony for defendant, so that the case might be reported back to the court ; but he obstinately refused, and does still refuse, to proceed further in the matter. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 3), 1211. Forms 1110, nil Cowdery's Form Book. 410 No. 1110. Affidavit of Contempt for Refusing Permission to Take Copy of Account. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the defendant in the above- entitled action; that on , 19 — , the judge of said court made an order in writing that , the plaintiff in said action, give affiant, within ten daj'S from said , 19 — , permission to take a copy of the account described in said order; that on the and days of said month of , between the liours of A. M. and P. M. of said days, affiant went to the place of business of said plaintiff, where said account is kept, to wit, plaintiff's grocery store, number street, in the town of , in said county, and demanded of plaintiff permission to take a cop}' of said account; but each and every application was refused; and when application was made on , affiant requested plaintiff to fix a day and hour when said copy could be taken; but he refused to do so. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1000, 1209 (subd. 5), 1211. No. 1111. Affidavit of Contempt by Person Assuming to be Attorney Without Authority, [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that in the above-entitled action the name of is signed to the complaint as attorney for plaintiff, and he has appeared in said action as such attorney; that said action is brought to obtain a divorce from plaintiff's alleged wife; that the said has not been admitted to practice law in the court in which said action is pending. Wherefore [etc.], [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 281, 1209 (subd. 6), 1211. 411 Contempt. Forms 1112, 1113 No. 1112. Affidavit of Contempt in Abusing Process of Court. [Title of Court and Cause.] State of , County of , Si. , being duly sworn, says that he is the defendant in the above- entitled action; that , the plaintiff, is an attorney at law; that defendant was indebted to plaintiff for the services described in said complaint, but the amount of said indebtedness was the issue to be tried in said action; that defendant is the owner of unencumbered real estate standing of record in his own name in said county of , of the assessed value of over dollars ($ ), and he has in said county unencumbered personal property of the value of over dollars ($ ) ; that the amount involved in said action does not exceed • dollars ($ ), and the interest and costs, which will not exceed dollars ($ ); that said action is set to be tried on , 19 — ; that on , 19 — , defendant caused an attachment to be issued in said action, and caused belonging to defendant to be attached and taken from his possession when he was on the platform of a railroad train ready to take the cars for ; that immediately after said at- tachment, and before the departure of the train, plaintiff said to affiant that he would release said attachment if affiant would give him a check for dollars ($ ) ; that affiant gave plaintiff said check, and said attachment was released. Wherefore [etc.], [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 4), 1211. No. 1113. Affidavit of Contempt in Applying for Order After Refusal Thereof by Another Judge of Same Court. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says, that he is the attorney for plaintiff in the above-entitled action ; that defendant appeared in said action by , his attorney, and demurred to the complaint; that said demurrer was overruled and defendant allowed to answer within ten days from , 19 — : that before said time had expired defendant, by his said attorney, api:)lied to the judge of said court for an order extending the time for serving and filing said answer, and said judge extended said time to , 19 — ; that on , 19 — , said attorney applied to said judge for a further extension of ten days, but said judge refused to ex- tend such time; and that on the same day, notwithstanding said refusal, said attorney applied to a judge of the same court, to wit, , and obtained an extension of time to answer as afoi-esaid, to . Forms 1114, 1115 Cowbery's Form Book. 412 Wherefore affiant prays for an order citing the said to sho\r cause why he should not be punished for contempt because of such ap- plication in violation of the statute. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Cal. Code Civ. Proe., sees. 182, 183, 1209 (subd. 3), 1211. No. 1114. Afladavit of Contempt in Disobeying Mandate of Court. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the attorney for plaintiff in the case of v. , hereinafter referred to; that on , 19—, tJie court in and for said county of issued a peremptory writ commanding , a justice of the peace in and for the township of , immediately after the receipt of said writ, to issue execution on the judgment for plaintiff in the said action of v. , for dollars ($ ) damages and costs, by said , entered in the docket of said justice of the peace, on , 19—, and to deliver said execu- tion to , the attorney of the plaintiff in said action. That on said day of , affiant delivered the said writ to the said , and requested him to immediately issue said writ; and there- after, on the and of said month of , he made the same request, but said justice of the peace has not issued said writ. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 5), 1211. No. 1115. Affidavit of Contempt by Clerk, in Neglecting to Enter Default. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the attorney for plaintiff in the above-entitled action; that is the clerk of said court; that on J 19 — , the said action was tried in said court and judgment was ordered for plaintiff in the sum of dollars ($ ), and dollars ($ ) costs ; that the said clerk willfully neglected to enter said judg- ment at the time and in the form and manner as required by law. 413 Contempt. Forms lllG, 1117 Wherefore aflRant prays for an order citing the said to show cause why he should not be punished for contempt because of his viola- tion of his duty as clerk of said court. Subscribed and sworn to [etc.]. [Signature.] [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 3), 1211. No. 1116. Affidavit of Contempt in Willfully Neglecting to Serve Subpoena. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the attorney for defendant in the above-entitled action; that is the sheriff of said county; that said action was set for trial on , 19 — , at o 'clock A. M. ; that on , 19 — , affiant delivered to said sheriff a subpoena issued by the clerk of said court in manner and form, and signed and sealed, as by law required, commanding him to subpoena to appear as a wit- ness for plaintiff on said day of , as aforesaid ; but that said sheriff willfully neglected to serve said subpoena. Wherefore affiant prays for an order citing the said sheriff to show cause why he should not be punished for contempt because of his said violation of his duty as sheriff. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subd. 3), 1211. No. 1117. Affidavit of Contempt in Refusing to Obey Order of Court. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is, and was during all the times hereinafter mentioned, the sheriff of said county of , duly elected and qualified ; that on the day of , 19—, , superior judge in and for said county, duly made an order in said case that appear before him on the day of , 19 — , and then and there submit himself to examination in said action in proceedings supplemental to execution, which order, and the affidavit on which said order was based, are herein referred to and made a part hereof, and marked "Exhibit A" and "Exhibit B"; that in obedience to said order the said appeared in court as in said order directed, and, on examination con- cerning his property, testified that he had on his person and under his Forms 1118, 1119 Cowdery's Form Book. 414 control , all of which was his property. Thereupon the said court made an order that he deliver all of said property to affiant, as sheriff, to be applied toward the satisfaction of the execution in said action; that petitioner was informed of said order, but refused to obey it, and he still does refuse to deliver any of said property to affiant to be ap- plied on said execution as aforesaid, altthough said property is in his possession. Wherefore affiant prays that the said may be arrested and pun- ished as for a contempt of this court. Subscribed and sworn to [etc.]. [Signature.] [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1209 (suta. 5), 1211. . No. 1118. Affidavit of Contempt by Re-entry into Real Property After Ejectment. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above-en- titled action, and is a defendant in said action; that on , 19 — , a judgment was rendered by said court restoring plaintiff to the posses- sion, and evicting said therefrom; that under the order of said court, based lapon said judgment, said was on , 19 — , by the sheriff of said county of , dispossessed from said premises, and plaintiff was by said sheriff placed in possession thereof; that on the ■ day of said month of , in the absence of plaintiff from said premises, said defendant re-entered and took possession of said prem- ises, and he is now in the possession thereof. Wherefore [etc.]. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — Under such circumstances, or where a person aids or abets in dispossessing an evicted person, he is guilty of contempt. The court will, after conviction for contempt, immediately issue an alias process directing the sheriff to restore the plaintiff, or his grantee, to the possession: Cali- fornia, Code Civ. Proc, sees. 1210-1212. No. 1119. Affidavit of Contempt, by Dissuading Witness from Attend- ing Court. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above-en- titled action, and is the defendant; that said case is set for trial 415 Contempt. Form 1120 on , 19 — , at o'clock A. M., before the judge of said court, sitting without a jury; that on , 19—, plaintiff caused , a com- petent and material witness on plaintiff's behalf, to be subpoenaed to appear before said court at said trial; that on , 191 — , said defend- ant dissuaded said witness from attending said court to testify on behalf of plaintiff in said action [or, that he threatened him injury if he did attend; or, that he threatened a party to the action with injury if the witness attended ; or other facts constituting dissuasion] ; and that said witness did not attend at said trial because of said dissuasion. Wherefore [etc.] [Signature.] Subscribed and sworn to [etc.], [OfiBcial signature.] NOTE.— See Cal. Code Civ. Proc, sees. 1209 (subds. 8, 9), 1211. No. 1120. Affidavit — Contempt by Attorney in Willfully Neglecting His Duty. [Title of Court and Cause.] State of California, County of Butte, — ss. A. B., being duly sworn, says : That he is the defendant in the above- entitled action. That C. D. is now, and was, on June 3, 1917, an attor- ney at law, admitted to practice by the supreme court of the state of California, That on June 4, 1917, affiant employed said C. D. to defend said action and thereupon he drew and filed defendant's answer in said action. That on motion of plaintiff and in conformity with law and the rules of said court said action was set for trial by a jury on De- cember 10, 1917, at 10 o'clock A. M. That on December 3, 1917, said C. D. notified affiant that said action would be tried on the day set. That on said December 10th, at 10 o'clock A. M., affiant, with his wit- nesses, appeared in court. That said C. D. did not appear. That the plaintiff caused a jury to be impaneled, introduced his evidence, and such proceedings were had that in the absence of said C. D., who did not appear at the trial, a verdict and judgment were entered for plaintiff. Wherefore affiant prays for an order citing the said C. D. to show cause why he should not be punished for contempt because of his said violation of his duty as an attorney. Subscribed and sworn to [etc.]. [Signature.] NOTE. — Misbehavior in office, or other willful neglect or violation of duty by an attorney, clerk, sheriff, coroner or other person elected or appointed to perform a judicial or ministerial office, is a contempt: Cali- fornia, Code Civ. Proc, sees. 1209 (subd. 3), 1212. Forms 1121-1124 Cowdery's Form Book. 416 ITo. 1121. Order for Defaulting Juror to Show Cause. [Title of Court and Cause.] The People of the State of to , Greeting. You are hereby commanded to be and appear before the court of the county of , state of , at the courtroom of said court, in the courthouse, on , the day of , 19 — , at o'clock A. M., then and there to show cause why you should not be punished for contempt in failing to attend the said court as a juror. Witness the Honorable , judge, and the seal of said court, this day of , 19 — . [Seal] Attest, , Clerk. NOTE.— See Cal. Code Civ. Proc, sees. 238, 1212. No. 1122. Order to Show Cause Why Party Should not be Punished for Contempt. [Title of Court and Cause.] On reading and filing the affidavit of charging with con- tempt of this court, and sufficient cause appearing therefor, it is ordered that the said be and appear before this court in open court at the courtroom thereof, on , the day of , 19 — , at o'clock A. M., to show cause why he should not be punished for con- tempt as in said affidavit alleged. It is ordered that a copy of said affidavit and of this order be served on the said at least five days before said day of , 19 — . Dated , 19—. , Judge. NOTE.— See Cah Code Civ. Proc, sec. 1212. No. 1123. Order Purging of Contempt. [Title of Court and Cause.] The said having this day purged himself of the charge of con- tempt preferred against him by , constable, it is ordered that the said be, and he now is, acquitted of said charge, and he is hereby discharged from arrest. No. 1124. Order Convicting of Contempt After Order to Show^ Cause. [Title of Court and Cause.] Whereas [recite the facts constituting the contempt, and state who committed it], and an order having issued for the said to show cause why he should not be punished for said alleged contempt, and the said having appeared in response to said order, and an examination of the charge having been made in presence of the accused : It is therefore ordered that the said be, and he now is, adjudged guilty of contempt in disobeying the lawful order of this court as afore- said, he having the power to obey said order; and it is adjudged that the said be imprisoned in the county jail of said county for the 417 Contempt. Forms 1125-1127 period of five days [or, until he complies with the order (where the contempt is the omission to perform any act)]. Dated , 19—. — -, Judge. No. 1125. Attachment for Defaulting Witness. In the Court of the County of , State of . The People of the State of to the Sheriff of said County, Greeting. You are hereby commanded forthwith to attach the body of , defaulting witness, and have him before our said court on , the ■ day of , 19 — , then and there to show cause why he should not be punished for contempt, in disobeying a subpoena of this court duly served on him, summoning him to appear in this court as a wit- ness on the day of , 19 — . Witness the Honorable , judge, and the seal of said court, this day of , 191—. [Seal] Attest, , Clerk. NOTE.— See Cal. Code Civ. Proc, sec. 1212. No. 1126. Judgment of Conviction of Contempt in View of Judge. [Title of Court and Cause.] Whereas, during the trial of the above-entitled action in this court at Downieville, Sierra county, state of California, on the third day ot January, 1917, before the undersigned, a judge of said superior court, H. S., a witness, was under examination on the part of plaintiff, and while said witness was giving his evidence, F. A., Esq., the attorney for defendant, objected to the testimony then being given by said wit- ness, on the ground that said witness was stating facts not within his own knowledge, the same being hearsay, which objection the court sustained; whereupon, S. D., Esq., the attorney for plaintiff, shook his finger at the undersigned, and, with a low bow, stated, in a sneering manner, that the undersigned evidently knew more law than Black- stone, and that the bar of the state of California would take it kindly if the undersigned would condescendingly write a treatise on evidence; for which conduct I then and there, and do now, adjudge the said S. D. guilty of contempt, and I order him to pay a fine of $500, and to be imprisoned one day in the county jail of said county of Sierra. Dated . , Judge. NOTE.— CaHfornia, Code Civ. Proc, sec. 1211. No. 1127. Judgment of Conviction for Contempt in Presence of the Court. [Title of Court and Cause.] The court having met pursuant to adjournment, the judges proceeded to their respective seats upon the bench. Charles E. Pickett, being Form Book — 27 Form 1127 Cowdery's Form Book. 418 then present in the courtroom, suddenly obtruded himself upon the bench, and into the chair of Crockett, J., and announced that he had as good a right to occupy a seat upon the bench of said court as the said Crockett had, and the said Pickett thereupon, being commanded by the chief justice to leave the said chair, peremptorily refused to do so, and was subsequently removed therefrom by actual force. Whereupon it is now here by the court adjudged that the said Charles E. Pickett is guilty of a contempt of this court, committed in its im- mediate presence, by unlawfully interfering with its proceedings in manner as aforesaid, and by disorderly, contemptuous, and insolent behavior towards the court and the judges thereof then present as aforesaid, it is now here ordered and adjudged by the court, that for such, his contempt aforesaid, he, the said Charles E. Pickett, shall suf- fer imprisonment by close confinement in the common jail of the city and county of San Francisco for the period of five days, and further, that he pay a fine of five hundred dollars, and that if the said fine be not paid at the expiration of five days' imprisonment, then it is fur- ther ordered, adjudged, and decreed, that the said Charles E. Pickett be imprisoned and kept in close confinement in said common jail until the said fine be paid, provided that sucli imprisonment for the non- paj-ment of said fine may extend to, but shall not exceed, one day for every two dollars of the fine due from him, the said Charles E. Pickett, and that a warrant and writ of execution do forthwith issue, directed to the sheriff of the city and county of San Francisco, commanding him to carry the aforesaid judgment into effect. And the said Charles E. Pickett being still present, and having been adjudged guilty of the contempt of the court aforesaid, in manner and form aforesaid, and the judgment of the court in that behalf having been then and there announced in open court, he, the said Charles E. Pickett, then and there insolently and contemptuously used and ad- dressed to the court then and there, being in open session, the following language in reference to the said judgment, to wit: "I defy your authority. ' ' "Whereupon and before committing the said Charles E. Pickett into the custody of the sheriff, it is now here adjudged that the said Charles E. Pickett is guilty of a further contempt of this court committed in its immediate presence, by reason of the disorderly, contemptuous, and insolent behavior and language towards the court and the judges thereof, as last aforesaid, and that for such, his contempt last afore- said, he shall suffer imprisonment by close confinement in the said common jail for the further period of five days, and that he pay a fine in the further sum of five hundred dollars. It is therefore ordered that the said Charles E. Pickett be committed into the custody of the sheriff of the city and county of San Francisco, to be by him imprisoned and kept in close confinement in the common jail of said city and county of San Francisco for the last-mentioned space of five days, and until he pay the said last-mentioned sum of 419 Contempt. Forms 1128, 1129 five hundred dollars, and that if said last-mentioned fine be not paid at the expiration of said last-named five days' imprisonment, tlien and in that case it is ordered that the said Charles E. Pickett be further im- prisoned until said last-mentioned fine be paid, provided such imprison- ment shall not exceed one day for each two dollars of said fine last aforesaid adjudged. The imprisonment for the contempt last aforesaid to commence at the expiration of the imprisonment for the contempt adjudged firstly aforesaid. NOTE. — Precedent in Pickett v. Wallace, 57 Cal. 555. No. 1128. Order Directing Attachment Against Administrator for Con- tempt in not Rendering Account. [Title of Court and Estate.] It appearing to the court that C. D., the administrator of the estate of E. F., deceased, has neglected to render an exhibit within thirty days after the expiration of the time mentioned in the notice to the creditors of said estate, and a citation having been issued requiring said C. D. to appear and show cause why an attachment shall not issue to compel him to render said account, and the said C. D. has failed to appear and render said account or show cause why attachment should not issue as directed in said citation, and the citation having been served and returned in the manner and form as is by law provided, it is ordered that a warrant of attachment issue, and that said C. B. be arrested and brought before this court to show cause why he should not be com- mitted for contempt of court for not obeying said citation. Dated . , Judge. NOTE. — In such cases a citation must be first issued, served and returned requiring the person to appear and show cause why a warrant of attach- ment should not issue: California, Code Civ. Proc, sees. 1627, 1628. No. 1129. Order Committing Administrator for Contempt for Disobey- ing Order of Court. [Title of Court and Estate.] An order having been made by this court that C. D., administrator of the estate of E. F., deceased, render the account of said estate required to be rendered Avithin thirty days after the expiration of the time mentioned in the notice to the creditors of said estate within which claims must be exhibited, and said time having elapsed before said order was made ; and the said C. D. having failed to render said account as ordered by the court ; and the said C. D. having been cited to appear and show cause why a warrant of attachment should not issue to compel him to render said account (the said citation having been issued ; served and returned as is by law required), and the said C. D. brought into Forms 1130, 1131 Cowdery's Form Book. 420 court, who then and there refused to render said account, it is ordered that said C. D. be, and he is hereby, adjudged to be in contempt of this court, and that he be committed to the custody of the sheriff of the county of Butte until he obeys the said order of this court. Dated . , Judge. NOTE. — Whenever an executor or administrator or guardian is committed for contempt in disobeying any lawful order of the court, or a judge thereof, and he remains in custody for thirty days without obeying such order, etc., the court may by order "reciting the facts" revoke his letters and appoint (by the same orders) some other person entitled thereto in his stead: California, Code Civ. Proc, sees. 1627, 1628, 1630 and 1721, as to revoking letters. No. 1130. Order Revoking Letters After Commitment for Contempt. [Title of Court and Estate.] Be it known that on June 3, 1917, C. D., the executor of the will of E. F., deceased, was ordered by this court to file an account of his administration within ten days from May 20, 1917, which order was not obeyed; whereupon the said C. D. was cited to answer for contempt of this court because of said disobedience and after a full hearing he was committed to the custody of the sheriff of said county until he obeyed said order, and has remained in said custody for thirty days without obeying said order, or purging himself otherwise of contempt; now, for the reasons aforesaid, the letters issued to him, the said C. D., as executor as aforesaid, are hereby revoked. Dated . , Judge. NOTE. — In such cases an executor, administrator or guardian may be removed for disobeying the order of a court or a judge. The order must recite the facts: California, Code Civ. Proc, sec. 1721. No. 1131. Warrant of Commitment for Contempt in Using Disrespect- ful and Contemptuous Language. [Title of Court and Cause.] The People of the State of , to the Sheriff of the County of , Greeting. Whereas, during the pendency of an action in said court, on the (Jay of , 191 — , which said action was brought by , plain- tiff, against , defendant, for the purpose of ; and Whereas, on said day, during the hearing of said action, and in the presence and hearing of said court, and while said court was in session, did publish, utter, and say aloud, and in the hearing of the court and others, that of and concerning said court, with the view, on the part of the said , to bring this court and its proceedings in said action into contempt, and that such misconduct did in fact impair, 421 Contempt. Forms 1132, 1133 hinder, and prejudice , and did in fact interrupt, impede, and hinder the course of justice in the hearing and deliberation of the court in said action; and that the said thereby had become liable to pun- ishment for said disrespectful and contemptuous language; and Whereas the said court did, at the same time, by its order, then duly entered, adjudge and declare that the said had been guilty of a contempt of said court by the use of said disrespectful and contemptuous language, and did order that the said be punished for his said contempt by imprisonment in the county jail of the county of for the term of days: Now, therefore, you are required and commanded, and we do war- rant and enjoin you, that you forthwith attach the said and commit him to the said county jail of county, and detain him there for the term of days, as a punishment for his said contempt of the court, and for such arrest, imprisonment, and detention this shall be your sufficient warrant. Witness the Honorable , judge of the court, at , in the county of , state of , this day of , 19 — . By special order of court. , Judge. [Seal] , Clerk. NOTE. — See Cal. Code Civ. Proc, sec. 1218, as to judgment for contempt. No. 1132. Warrant for Contempt— Justice's Court — Washington. State of , County of , ss. To the Sheriff or any Constable of said County. In the name of the state of , you are hereby commanded to apprehend , and bring him before me, , one of the justices of the peace of said county, at my office in said county, to show cause why he should not be convicted of a contempt alleged to have been committed on the day of , 19 — , before the said justice, while engaged as a justice of the peace in a judicial proceeding. Dated this day of , 19 — . , Justice of the Peace. NOTE. — See Wash., Eem. Code, sec. 1895. No. 1133. Judgment for Contempt — Justice's Court — Washington. [Title of Court and Cause.] State of , County of , ss. Whereas, on the day of , 19 — , while the undersigned, one of the justices of the peace of said county, was engaged in the trial Cowdeby's Form Book. 422 of an action between , plaintiff, and , defendant, in said county, -, of the said county, did interrupt the said proceedings and impair ' y the respect due to the authority of the undersigned, by And whereas the said was thereupon required by the under- signed to answer for the said contempt, and show cause why he should not be convicted thereof; and whereas the said did not show cause against the said charge: Be it therefore ordered that the said is adjudged to be guilty, and is convicted of the contempt aforesaid, and is adjudged by the undersigned to pay a fine of dollars ($ ) [or, be imprisoned in the county jail for the period of days; but neither the fine nor the number of days' imprisonment must exceed the statutory limit]. Dated [etc.]. , Justice of the Peace. NOTE.— See Wash. Rem. Code, § 1896. Upon the conviction of any person for contempt, an entry thereof shall be made in the docket of such justice, stating the particular cireumstances of the offense, and the judgment rendered thereon. The signature of the justice or police judge does not seem to he required by the statute; and, unless so required, the judgment is valid without his signature: See Freeman on Judg- ments, 4th ed., sec. 50e. CONTEST OF WILL. See Wills, Contest of. Contest and Opposition to Probate of Codicil, No. 3979. Contest of Will After Probate, No. 3983. Contest of Will Before Probate, No. 3978. CONTINUANCE. 1154. Affidavit for continuance. 1155. Affidavit on motion for continuance on ground of surprise by forged written evidence. 1156. Undertaking on adjournment for more than ten days — Justice's court, INTRODUCTORY NOTE. Motion to Postpone Trial.— A motion to postpone a trial on the ground of the absence of evidence can only be made upon affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it. A trial shall be postponed when it appears to the court that the attorney of record, party or principal witness is actually engaged in attendance upon a session of the legislature of this state as a member thereof. The court may require the moving party, where application is made on account of the absence of a material witness, to state upon affidavit the evidence which he expects to obtain; and if the adverse party thereupon admits that such evidence would be given, and that it be considered as actually given on the trial, or offered and 423 Continuance. overruled as improper, the trial must not be postponed. In actions involving the title to mining claims, or involving trespass for dam- age upon mining claims, if it be made to appear to the satisfaction of the court that, in order that justice may be done and the action fairly tried on its merits, it is necessary that further developments should be made, underground or upon the surface of the mining claims involved in said action, the court shall grant the postpone- ment of the trial of the action, giving the party a reasonable time in which to prepare for trial and to do said development work: California, Code Civ. Proc, sec. 598. Postponement upon Application of a Party (Justice's Court). — • The trial may be postponed upon the application of either party, for a period not exceeding four months : 1. The party making the application must prove, by his own oath or otherwise, that he cannot, for want of material testimony, which he expects to procure, safely proceed to trial, and must show in what respect the testimony expected is material, and that he has used due diligence to procure it, and has been unable to do so, 2. If the application is on the part of the plaintiff, and the de- fendant is under arrest, a postponement for more than three hours discharges the defendants from custody, but the action may pro- ceed notwithstanding, and the defendant is subject to arrest on execution, in the same manner as if he had not been discharged. 3. If the application is on the part of a defendant under arrest, before it can be granted he must execute an undertaking, with two or more sufficient sureties, to be approved by, and in a sum to be fixed "by, the justice, to the effect that he will render himself amen- able to the process of the court during the pendency of the action, and to such as may be issued to enforce the judgment therein; or that the sureties will pay to the plaintiff the amount of any judg- ment which he may recover in the action, not exceeding the amount specified in the undertaking. On filing the undertaking specified in this subdivision, the justice must order the defendant to be dis- charged from custody ; 4. The party making the application must, if required by the adverse party, consent that the testimony of any witness of such adverse party, who is in attendance, may be then taken by deposi- tion before the justice, and that the testimony so taken may be read on the trial, with the same effect, and subject to the same objections, as if the witness was produced ; but the court may require the party making the application to state, upon affidavit, the evidence which he expects to obtain ; and if the adveree party thereupon admits that such evidence would be given and that it be Form 1154 Cowdery's Form Book. 424 considered as actually given on the trial, or offered and overruled as improper, the trial must not be postponed: California, Code Civ. Proe., sec. 876. NOTE.— See Arizona, Eev. Stats. (Civ. Code 1913), sees. 504-506; Cali- fornia, Code Civ. Proc, sees. 595, 876; Colorado, Mill's Ann. Code 1912, sec. 177; Idaho, Eev. Codes 1907, sees. 4702-4908; Kansas, Gen. Stats. 1915, sees. 7216, 7217; Montana, Eev. Codes 1907, sees. 6729-7036; Nebraska, Eev. Code 1913, sec. 7889; Nevada, Eev. Laws 1912, sees. 5202-5759; North Dakota, Comp. Laws 1913, sees. 9032-9035; Oklahoma, Harris & Day's Code 1910, sec. 5044; Oregon, Lord's Oregon Laws, sees. 115-2429; South Dakota, Comp. Laws 1913, sees. 6086, 6087; Utah, Comp. Laws 1907, sees. 3133, 3137, 3710, 3713; Washington, Eem. Code, sees. 322, 1788; Wyoming, Comp. Stats. 1910, sees. 5139, 5140, 5207. No. 1154. Affidavit for Continuance. [Title of Court and Cause.] State of California, County of Sacramento, — S3. A. B., being duly sworn, says : That he is the defendant in the above- entitled action ; that he cannot safely go to trial before ninety days from the date hereof, on account of the absence of A. L. P., who is a material witness for defendant; that a subpoena in said cause was duly issued on the first day of March, 1917, and placed in the hands of A. B. for service on the same day; that on the second day of said month of March, the said subpoena was by said constable duly served on the said A. L. P., in said county; that said subpoena commanded the said A. L. P., to be present in this court at the hour of ten o'clock A. M. of this day, to testify on behalf of defendant ; that after said sub- poena was served the said A. L. P. was taken violently sick and was removed from said county, and is now at Coronado Beach in the county of San Diego, in said state, and is too sick to submit to examination by deposition; that the evidence of the said A. L. P. is material for defendant's defense ; that he will prove by said witness that [here state the facts the witness will testify to]. And defendant says that the said facts cannot, to his knowledge, be proved by any other witness; and that the application is not made for delay, but that justice may be done in the premises, and affiant believes that, if this case be continued for three months, he will be able to have said witness present to testify as aforesaid. Subscribed and sworn to [etc.]. [Signature.] NOTE.— California, Code Civ. Proc, Bees. 595, 876. 425 Continuance. Forms 1155, 1153 No. 1155. Affidavit on Motion for Continuance on Ground of Surprise by Forged Written Evidence. [Title of Court and Cause] L. B. Mizner, being duly sworn, says that he is the attorney for the plaintiff in the above-entitled action, and that since trial of said action he has discovered that the pretended receipt offered in evidence in said case, purporting to have been signed by said S. C. Hastings in favor of eaid D. N. Hastings for one thousand and eighty dollars, was in fact signed by said S. C. Hastings for Lloyd Tevis, and that the name "Lloyd Tevis" has been removed from said receipt without, as this deponent believes, the consent of said S. C. Hastings or Tevis, and that said fact, or at least some word or words, or name, has or have been removed from said receipt in fraud of and to the prejudice of said Hastings in this action, and that the same appears upon the face of said receipt; that this deponent had never seen said receipt until it was produced in the trial of this case yesterday and that no copy of said receipt appears in the pleadings or was ever served upon the deponent or the said plaintiff, to the best of deponent's information and belief; that deponent objected to the introduction of said receipt on the ground that the same had been altered. Whereupon deponent asks that this case be reserved for further consideration until the next regular term of the Court; that this appli- cation is not made for delay, but that justice may be done. L. B. Mizner. Subscribed and sworn to before me this nineteenth day of May, 1885. W. J. Costigan, Deputy Clerk. NOTE.— Precedent in Hastings v. Hastings, 31 Cal. 96. No. 1156. Undertaking on Adjournment for More Than Ten Days — Justice's Court. [Title of Court and Cause.] Whereas this case was this day called for trial in said court, and said defendant moved the court, on affidavit showing cause, to post- pone the said trial for thirty days from date, on account of the absence of a material witness for defendant, and said motion having been gi'anted upon condition that defendant file an undertaking in said action, to be approved by said justice, in the sum of dollars ($ ), to the effect that the sureties thereon will pay to the plaintiff the amount of any judgment that may be recovered in said action against the defendant, not exceeding the sum specified in this undertaking: Now therefore, in consideration of the premises, we, the undersigned, , of , and , of , do hereby jointly and severally under- take and promise, on the part of defendant, that we will pay to the said plaintiff the fvmount of any judjjment which may be recovered against Cowdery's Form Boox. 425 the said clefendant, not exceeding dollars ($ ) (being the amount for that purpose fixed by said justice), to which amount we acknowledge ourselves jointly and severally bound. [Signatures.] Approved, , 19 — , , Justice of the Peace. NOTE. — In actions in justices' courts, an adjourment of more than ten days will not be granted, in California, unless an undertalting be given for the payment of any judgment recovered against the party demanding the adjournment: See Cal. Code Civ, Proe., see. 877. CONTRACTS. 1177. Subscription for the accomplishment of an object of Interest to all. 1178. Subscription for charitable purposes. 1179. Subscription toward building railroad. 1180. Subscription to secure right of way. 1181. Contract and specifications to construct flume, ditch, etc. 1182. Contract — General form. 1183. General fomi of agreement or contract witli proviso for liauidatel damages. 1184. Builder's contract. 11S5. Building contract. 1186. Building contract. 1187. Contract with a mason. 1188. Contract for sale of real estate. 1189. Agreement to sell and bay land. 1190. Authority to, and agreement with, agent to selL 1191. Agreement with agent or broker to sell laud. 3192. Broker's contract of sale. 1193. Covenant not to sue. 1194. Contract to cultivate land on shares. 1195. Complaint against builder for special damages from loss of rent. 1196. Complaint by contractor for extra work done under contract modi- fied, 1197. Complaint on bond for government work to recover for materials furnished to the contractor. 1198. Agreement for conditional sale of personal property, price p?.yablo in installments. 1199. Agreement for sale of real property, price payable in iustailmeuts. 1200. Charter of vessel for term. 1201. Charter of vessel for voyage, 1202. Answer denying offer to perform charter-party. 1203. Complaint for breach of contract to employ. 1204. Complaint for breach of contract to manufacture. :I205. Complaint for breach of contract to serve. 1206. Complaint for repajrment of deposit. 1207. Complaint on bond to convey land. ]203. Complaint by buyer against seller for not delivering merchandise. 1209. Complaint by seller against purchaser. 1210. Complaint to recover subscription for public object. CEOSS-EEFERENCES. Contract by Landlord, No. 2454, Contract by Tenant, No. 2455. Contract Forming Copartnership, No. 2S80. 427 Contracts. Forms 1177, 1178 Contract for Sale of Real Estate, No. 1188. Contract of Surety for Payment of Rent, No. 2446. Contract to Cultivate Land on Shares, No. 1194, Contract to Dissolve Partnership, No. 2883. Contract to Ecnew Partnership, No. 2882. Contracts. See Party-wall. No. 1177. Subscription for the Accomplishment of an Object of In- terest to All. We, the undersi^ied, citizens of the state of California, for and in consideration of the advancement of the educational interests of this state, and of our mutual promises herein, do hereby promise and agree to pay to the finance committee to be elected hereafter by the Christian Church of Santa Rosa, the sums set opposite our respective names, to aid in the erection and furnishing a building in or near the town of Santa Rosa, Sonoma county, to be dedicated and used as a college for the education of the youth of this state, to be under the management and control of the Christian Church, payable in gold coin as follows, to wit: One-third to be paid when the sum of ten thousand dollars is raised for the purposes stated, and said college building is under con- tract ; one-third when the building is put up and inclosed, and one-third Avhen said building is complete: [Dated.] Amount. $500 500, or ten acres of land if required. 200 200 jq-QTE. — Mutual Obligations. — If a number of persons subscribe to a paper in which they promise to contribute money for the accomplishment of an ob- ject of interest to all, as the erection of a building for a college, and which object cannot be accomplished save by their common performance, their mutual promises constitute mutual obligations, and are a sufficient consid- eration to support the promise of each: Christian College v. John Hendley, 49 Cal. 347. Such writings are contracts. No. 1178. Subscription for Charitable Purposes. San Luis Obispo, Cal., January 2, 1916. We, the undersigned citizens and business men of the city of San Luis Obispo, do hereby agree to pay the amount set opposite our respective names to the subscription committee of Los Osos Parlor, No. 61, N. S. G. W., on or before the fifteenth day of March, 1916, at the city of San Luis Obispo. The money to be used in entertaining delegates to the Grand Parlor of the N. S. G. W. during their stay in the city of San Luis Obispo. [Signatures.] NOTE. Subscriptions for Entertainments. — A subscription paper went forth to obtain promises to pay the amounts set opposite each subscriber's name, to "entertain" certain "delegates" scheduled to visit a city at & time stated. The paper was circulated by a committee composed of citizens. Name. Residence. A. J. Santa Rosa. J.H. Santa Rosa. G.A. Santa Rosa. T. J. Santa Rosa. Form 1179 Cowdery's Form Book. 428 residents of the city to be visited. The paper was in the same words as the above form, to which this writing is a note. The defendants were subscribers and the proprietors of a large hotel in that city at the time the subscription was made. A committee was considering the matter of giving a ball, a banquet, or both, to the delegates, and it was agreed (verbally) at the time of the subscription, or immediately thereafter, be- tween the committee and defendants that if the ball and banquet were given, that one of them should be given at defendants' hotel, and in case neither were given at their hotel, their subscription should be reduced one- half. The court says that this agreement converted the subscription, which was, on its face, originally, one to a charitable purpose, into a contract to pay the amount subscribed upon the condition that a ball or banquet should be given to the delegates at defendants' hotel; and a ball was given pur- suant to the agreement. The promise was a good consideration for another promise to pay the full sum sued for. The defendants contended that there were expenditures made that did not come within the meaning of their subscription for "entertainment" which they said was synonymous with "board," and includes only the ordinary necessities of life. The court took judicial notice of the fact that there is a large distinction between enter- taining a friend at one's home, or a hotel-keeper "entertaining" a traveler at his hotel and entertaining a large body of strangers by the residents and business men of a city. At this point the court took judicial notice of several things known to many people who have been taken judicial notice of, and says: "What may be included in the entertainment of the visiting body is usually limited to the amount of money available for the purpose, and the ingenuity of the entertainers in devising sources of enjoyment." The money was expended for purposes fairly within the intent of the sub- scription paper: Lasar v. Johnson, 125 Cal. 549, 58 Pac. 161. This note is incomplete unless it is said that the original "charitable purpose" subscrip- tion was toward the worthy expense of entertaining delegates to the Grand Parlor of the California Native Sons, at San Luis Obispo in April and May, 1896. No. 1179. Subscription Toward Building Railroad. Whereas, the undersigned desire to procure the construction and operation of a steam railroad from the Oakland wharf of the C. P. R. R. Co. to the State University at Berkeley, and the Western Development Company proposes to construct and operate, or cause to be operated, a steam railroad on said line, provided the undersigned will, at their own expense, procure and convey to it the right of way; and provided further that the undersigned will pay, or cause to be paid, to said com- pany the sum of twenty thousand dollars upon the completion of the road — the road to be commenced upon the execution of the conveyance and the deposit of said twenty thousand dollars in bank; the money to be paid by the bank to the company upon the completion of the road: Now, therefore, in consideration of the premises, we, the under- signed, hereby agree to contribute and pay for the carrying out of the foregoing enterprise, on demand, the sum of money set opposite our names, in United States gold coin. Names. Amount. NOTE. — Action brought on the subscription in name of Western Devel- opment Company and sustained in Western Development Co. v. Emery, 61 Oftl. 611. 429 Contracts. Forms 1180, 1181 Wo. 1180. Subscription to Secure Right of Way. We, the undersigned, residents of valley, countj'^ of , state of , in consideration of the benefits aeerning therefrom, hereby subscribe and agree to pay to , the amounts set opposite our re- spective names, to secure the right of way and depot grounds for the railway company, on the line known as the ; said right of way to be feet wide; said depot grounds to consist of acres, at ; and said amounts to be paid . Name. Residence. Amount. . $ . NOTE.— See Judson v. Gage, 91 Cal. 304, 27 Pac. 676. No. 1181. Contract and Specifications to Construct Flume, Ditch, etc. This agreement, made and entered into this thirtieth day of March, A. D. 1917, between the San Diego Flume Company, a corporation, or- ganized and existing under the laws of California, the party of the first part, and J. J., of San Diego, California, the party of the second part, witncsseth : That the said party of the second part, for and in consideration of the compensation and payments hereinafter promised and agreed to be made by said party of the first part, hereby covenants, promises, and agrees to do and perform certain work (in accordance with the plans and specifications hereunto attached and which are hereby made a part of this contract) for said party of the first part, along the flume line of said party of the first part from said first party's diverting dam on the San Diego river to its, said first party's, city reservoir near San Diego. Said works so contracted and agreed to be done and performed by said second party hereto for said first party to consist as follows : First — Grading. Grading, flume-bed, surface ditches, and tunnel approaches from first party's diverting dam on San Diego river to its, said first party's, pro- posed city reservoir near San Diego. Second— Tunnels. Excavating of about three thousand lineal feet of tunnels and lining of same with masonry, and also timbering same, in accordance with plans and specifications hereto attached. It is hereby expressly agreed and understood by and on the part of the second party hereto, that if in the opinion of the chief engineer of the said first party hereto, or his assistant, any work under this contract is improperly done or improper materials used therein, the same shall be immediately, upon instructions of said chief engineer, or his assistant, to said second party, be replaced and removed in accord- ance with said instructions. Form 1181 Cowdery's Form Book. 430 It is further expressly agreed by and on the part of said second party hereto, that said first party shall have the right to change the line or grade or flume-bed or tunnels at any time such change is recom- mended by its, said first party's, chief engineer. It is further agreed by said party of the second part hereto, that he, said second party, will furnish and provide at his own cost all tools and implements of every kind and description used in f.nd about said work, and also all material used and employed in its construction other than lumber for tunnel lining, and also all lime and cement required to be used, in accordance witli specifications hereto attached, which said lumber, lime, and cement said first party hereto agrees to furnish and deliver free of cost to said second party hereto upon the ground where same is of easy access to said second party, and where same can with- out unusual delay be delivered by said first party. Said second party hereto hereby agrees to furnish at his own cost ample and suitable protection from damage by weather for all lime and cement delivered as aforesaid to said party of the second part. In case of any damage to any portion of work done under this con- tract by reason of freshets, rains, or accidents, or any cause whatsoever, before final acceptance of said work by the chief engineer of said first party, said second party shall and will at his own proper cost and expense fully repair the same. It is hereby further expressly agreed by and on behalf of said second party hereto, that no part of work under this contract shall be sublet without the consent in writing of said first party hereto. Said second party hereto hereby covenants and agrees to hold harm- less said first party herein as against all liens and claims of laborers and mechanics for labor done and materials furnished under this con- tract, and hereby grants to said first party the option, within its, said first party's, discretion, through its duly accredited agent, to be present at the payment of, and ascertain that all wages of employees of the contractor herein — i. e., the party of the second part — and all sums of money due subcontractors, if any, and all sums of money due for mate- rials furnished, are paid from the amounts to be paid on the monthly and also on the final estimates, before paying over to said second party herein any balance that may be due hereunder. Said second party hereto hereby covenants and agrees to begin work under this contract within ten days from date hereof, and to complete same on or before the first day of November, 1905 ; and in case of failure of said second party thereto to diligently prosecute work under said con- tract, or according to specifications, or failure to hold harmless said first party hereto as against all and every lien of laborers, mechanics, and for materials furnished, said first party herein is hereby gi-anted the rioht, upon written notice to said second party, to cancel said contract, and to complete under its own direction the work herein contracted to be done, or to contract anew therefor, as in its judgment shall be deemed proper, and to declare foi'foitcd, as stipulated and liquidated damages 431 Contracts. Form llSl for the nonperformance of the covenants and agreements herein con- tained, the unpaid balance and all thereof, then and at the date of said written notice in the hands of said first party herein. Said second party hereto hereby further covenants and agrees to hold harmless said first party herein as against all damages at law resulting from any accident or accidents to men in his, said second party's, employ under this contract. Said first party herein further covenants and agrees to provide all right of waj^ along its heretofore mentioned flume line as expeditiously as possible, and said second party hereto hereby covenants and agrees to hold said first party harmless in case of failure to provide the neces- sary right of way caused by any delay resulting from legal proceedings to procure the same. And for and in consideration of the foregoing covenants, promises, and conditions on the part and on behalf of said second party hereto to be kept and performed, said first party hereto hereby promises and agrees as follows, to wit: To pay to said second party as herein set forth: For mason work, per perch of I6I/2 cubic feet $ 2 00 For concrete work, per cubic foot 40 For earth work, per cubic yard 25 For all gravel and cement, per cubic yard 30 For grading of surface rock, per cubic yard 1 25 For approaches to tunnels, per cubic yard 1 00 For approaches to tunnels, hard rock, per cubic yard . . 2 00 Running tunnels (3,000 feet, more or less), per lineal foot (size thereof as per plan "A" to set contract attached) 15 00 Timbering tunnels, per lineal foot 40 Said first party hereto hereby reserves the riglit, and said right hereby ■conceded by said second party, to change, alter or modify the shape of all tunnels to be run, and to enlarge or decrease in size the same as the chief engineer of said first party may direct, and said party of the first part shall pay an amount per lineal foot for said tunnel work as the ■changed or altered size thereof shall bear to the annexed plan, marked plan "A," and said heretofore mentioned sum or rate of $15 per lineal foot. Payments for the foregoing work to be made by said first party to said second party as follows: Fifty (50) per cent cash, on estimates to be made monthly, on or about the first of each and every month, until the completion of said v/ork [state the agi'eements as to payments]. In witness whereof, said party of the first part, by its president and secretary thereunto, first duly authorized, has caused its corporate name and seal to be attached hereto, and said party of the second part has set }iis hand and seal the dav and vear first above written. Form 1181 Cowdery's Form Book. 432 SPECIFICATIONS. Grading. Under this head is included all excavations and embankments required for the formation of the flume-bed pits for trestle bents, surface ditches, tunnel approaches, and the crossing or cliange of wagon roads. All cuttings shall be measured in the excavations and estimated by the cubic yard under the following heads: Earth. Will include all excavations, irrespective of the material, except the same be gravel, cement, surface or hard blasting rock in quantity and at any one place of more than thirty (30) cubic yards. Hard Rock. Will include all hard blasting rock occurring in quantity at any one place exceeding thirty cubic yards. The flume-bed will be gi-aded twelve (12) feet wide, and with such slopes as the engineer may designate. All material excavated (except hard rock) shall be wasted at least three feet beyond slope of cuts, and outside line of timber work for flume, and on the lower side of the flume line, which shall be designated by the engineer. The hard rock excavated must be deposited in the adjacent embank- ments when the haul does not exceed one hundred (100) feet. Large boulders not broken up and difficult to move may be wasted. Boulders or other material above the flume line which the engineer may consider will endanger the flume must be removed, and will be paid for at contract price for similar material. Public roads must be kept open and not obstructed or endangered by any of the material handled in grading, and due notice given teams and travelers on public roads when blasts that might endanger them are about to be set off. Tunnels. Tunnels must be excavated to the lines as shown on the drawincrs of the cross-sections and be lined or left without lining, as the enaineer may direct. Tunnel work will be classified as follows: First. Tunnel excavation in earth will include all material excavated, except the same be in hard blasting rock. Second. Tunnel excavation in hard blasting rock. Third. Stone masonry will include the stone work in the portals and walls of tunnel lining and plastering the same. Fourth. Concrete will include the concrete work in bottom of tun- nels, also the lining of the sides of tunnels in hard rock and plastering the same. i33 Contracts. Form 1182 Fifth. Tunnel timbering will include the timber lining and lagging of roof above the stone masonry, as shown on plans hereafter, at the option of the engineer, to be submitted and adopted. The tunnel excavation will be estimated bj' the lineal foot, and will include the length contained between the two portals. Stone masonry and concrete work will be estimated by the cubic yard. Tunnel timbering will be estimated by the lineal foot of tunnel for the portion that may be timbered. Where the tunnels require lining the general form of masonry will be as shown on the drawings hereafter, at the option of the engineer, to be submitted and adopted, or increased in thickness, as the engineer in his judgment may deem necessary. The stone masonry in portals and tunnel lining will be of broken range rubble work, of good quality, laid in mortar, to be well bonded and leveled. The arch portals to be built at each end of tunnels, and arch carried ten feet or less inside of tunnel. The whole inside surface of the stone masonry to be plastered smooth with one coat of fine cement mortar. Any spaces remaining between the walls or lagging and inside of tun- nels as excavated to be completely filled as the work progresses with dry rubble or other material, solidly tamped in and acceptable to the engineer. The proportions of sand, cenient and lime in the mortar used and of material for concrete, as well as the manner of mixing the same and putting it in the work, shall be as directed by the engineer. In all cases where the word "engineer" is used, the engineer in charge of construction is meant, but the directions of any subordinate engineer shall be obeyed when transmitting the orders of his superiors. Specifications accompanying contract this day signed. See plan "A," attached to original contract on file in office of San Diego Flume Company. No. 1182. Contract— General Form. This agreement, made the nineteenth day of June, in the year of our Lord one thousand nine hundred and seventeen, between J. D., of the city and county of San Francisco, state of California, the party of the first part, and R. R., of the same place, the party of the second part, witnesseth : That the said party of the first part, in consideration of the cove- nants, on the part of the said party of the second part, hereinafter con- tained, hereby covenants, with the said party of the second part, that the said party of the first part will deliver to the said party of the second part, at his storehouse in said city and county of San Francisco, one thousand (1,000) bushels of wheat, of good merchantable quality, on or before the tenth day of October, A. D. 1917. Form Book — 28 Forms 1183, 1184 Cowdery's Form Book. 434 And inc. said party of the second part, in consideration of the said covenants, on the part of the said party of the first part, hereinbefore contained, agrees to and with the said party of the first part, that the said party of the second part will pay to the said party of the first part, or liis order, one dollar in United States gold coin, for each and every bushel of said wheat so delivered, immediately on the completion of the delivery of said one thousand bushels of wheat in good order and con- dition, as aforesaid. [Signatures.] No. 1183. Greneral Form of Agreement or Contract With Proviso for Liquidated Damages. This agreement, made the day of , 191 — , between , of the county of , state of , the party of the first part, and , of the same place, the party of the second part, witnesseth: That the said party of the first part, in consideration of the covenants on the part of the said party of the second part hereinafter contained, hereby cove- nants with the said party of the second part that the said party of the first ])art will [state terms of contract, with any conditions agreed upon] . And the said party of the second part, in consideration of the said •covenants on the part of the said party of the first part hereinbefore contained, agi'ees to and with the said party of the first part that the said party of the second part will pay to [state terms of payment, and any conditions agreed upon]. And for the true and faithful performance of all and every of the said covenants, the said parties to these presents bind themselves, each unto the other, in the penal sum of dollars ($ •), current lawful money of the United States of America, as fixed, settled, and liquidated •damages, to be paid by the failing party to the other, his heirs or assigns. In witness whereof the said parties have hereunto set their hands the day and year first above written. Executed in presence of [Signatures.] No. 1184. Builder's Contract. This agreement, made the tenth day of January, one thousand nine hundred and seventeen, between H. W., the party of the first part, and J. S., the party of the second part: First. The said party of the second part does hereby promise and agree, with and to the said party of the first part, his executors, adminis- trators, and assigns, that he, the said party of the second part, will, for the consideration hereinafter mentioned on or before the third day of January, 1918, well and truly build, erect and finish the building herein- after described, conformable to the drawings and specifications made by C. F., architect, and signed by the parties, and hereunto annexed, within 435 Contracts. Form 1184 the time aforesaid, in a good, workmanlike and substantial manner, to the satisfaction and nnder the direction of the said C, to be evidenced by a writing or certificate under the hand of the said F., and, also, shall and will find and provide good and sufficient materials, of all kinds whatsoever, as shall be jiroper and sufficient for completing and finish- ing all the foundations, excavations, building materials of every descrip- tion used in or about it so as to make it a perfect building according to said drawings and specifications and other works of said building mentioned in the said drawings and specifications for the sum of six- teen thousand seven hundred dollars. And the said party of the first part does hereby covenant, promise and agree with and to tlie said party of the second part, that when said building is completed, the said party of the first part will in consideration of the covenants and agreements being strictly performed and kept by the said party of the second part as specified well and truly pay, or cause to be paid, unto the party of the second part, the said sum of sixteen thousand seven hundred dollars of the United States of America. In the manner following: When the walls are up and ready for the roof, one-fourth of the contract price ; when the roof is on and the floors laid, one-fourth of the contract price ; when the building is finished, one- fourth of the contract price, and within sixty days from the date of the third payment the balance due to be paid. Provided that in each of the said cases a certificate be obtained and signed by the said architect. And it is hereby further agreed by and between the said parties: First. The specifications and di-awings are intended to co-operate, so that any works exhibited in the drawings and not mentioned in the specifications, or vice versa, are to be executed the same as if it were mentioned in the specifications and set forth in the drawings, to be the true meaning and intention of the said drawings and specifications. Second. The contractor, at his own proper cost and charges, is to provide all materials, labor and all other things of every description, for the performance of the several erections. Third. Should the owner, at any time, order alterations, deviations, additions or omissions, from the said contract, specifications or plans, he shall be at liberty to do so and the same will be added to or deducted from the amount of the said contract price, as the case may be, by a fair and reasonable valuation. Fourth. Should the contractor, at any time during the progress of said works, refuse or neglect to supply a sufficiency of materials or workmen, the owner shall have the power to provide materials and work- men (after three days' notice in writing given) by leaving the writing at the last known residence or place of business of the contractor, to finish said works, and the expenses of finishing said works shall be deducted from the amount of the said contract price. Fifth. Should any dispute arise respecting the meaning of the draw- ings or specifications, the same shall be decided by the architect, builder Form 1185 Cowdery's Form Book. 436 and owner, and their decision shall be final, but should any dispute arise respecting the value of the extra work or works omitted, the same shall be valued by two men — one selected by the owner, and the other bj' the contractor — and in case they cannot agree, these two shall have power to name an umpire, whose decision, if agi'eed to by one of the two, shall be final. Sixth. The owner shall not, in any manner, be answerable or account- able for any loss or damage that shall or may happen to the said works, for any part or parts thereof respectively, or for any of the materials or other things used and employed in finishing and completing the same. Seventh. If delay in completing said structure is caused by strikes, or by the acts of God, the time lost thereby shall be added to the time for completion of this contract. Eighth. All payments shall be upon the certificate of the architect, and this contract is completed when the Avork is finished in accordance with the original plans as modified by alterations of the original plans. [Signatures.] No. 1185. Building Contract. Articles of agreement, made this day of , 191 — , between , of , county of , state of , the party of the first part, and who is hereinafter designated as the owner, and , of the county of , state of , the party of the second part, and who is herein- after designated as the contractor. First. The said contractor agrees, for the consideration hereinafter men- tioned, to furnish the necessary labor and materials, including tools, implements, and appliances required, and to perform and complete, according to this agreement, in a good, workmanlike, and substantial manner, and within the period of working days from and after the date of notification is given by the architect hereinafter mentioned to commence Avork, all the work of cleaning the lot hereinafter men- tioned, excavation, grading, concrete work, ironwork, brickwork, artifi- cial stonework, carpentry, joinery, mantels, lathing and plastering, hard- ware, sheet metal work, glazing, and other works, in conformity with the plans, drawings, and specifications for the same made by , the authorized architect employed by the owner, which are signed by the parties hereto, and which shall be kept and remain on file in the ofiice of the recorder of the county of , state of . Said building will be, when completed, a four-stoiy building, with basement, concrete foundation, and brick walls, to be erected upon a lot of land situated at the corner of and streets, in the city of , county of , state of , and is described as follows : . Second. The owner agrees, in consideration of the performance of said work by the contractor, as in this agreement provided, to pay, or cause to 437 Contracts. Form 1185 be paid, to the contractor, his loeal representatives or assigns, the sum of one hundred thousand dollars ($100,000), in gold coin of the United States of America, in installments, at the times and in the manner following, to wit: Twenty thousand dollars ($20,000) when the concrete work for the basement is com])leted; twenty-five thousand dollars ($25,000) when the walls are roughed in; fifteen thousand dollars ($15,000) when the building is finished and accepted and notice of completion is filed for record; and the balance of forty thousand dollars ($40,000), upon the expiration of thirty-five (35) days after the day of filing the notice of completion of said contract. Provided, that when each payment or installment shall become due, and in the final completion of the work, certificates in Avriting shall be obtained from the said architect stating that the payment or install- ment is due or the work completed, as the case may be, and the amount then due ; and the said architect shall at said times deliver said certifi- cates under his hand to the contractor, or, in lieu of such certificates, shall deliver to the contractor, in writing under his hand, a just and true reason for not issuing the certificates, including a statement of the defects, if any, to be remedied, to entitle the contractor to the cer- tificate or certificates. And in the event of the failure of the architect to furnish and deliver said certificates, or any of them, or in lieu thereof the writing aforesaid, witliin three days after the times afore- said, and after demand therefor made in writing by the contractor, the amount which may be claimed to be due by the contractor, and stated in the said demand made by him for the certificate, shall, at the expiration of said three days, become due and pa^^able, and the owner shall be liable and bound to pay the same on demand. In case the architect delivers the writing aforesaid in lieu of the certificate, then a compliance by the contractor with the requirements of said writing shall entitle the contractor to the certificate. The owner also agrees to carry an insurance for the full amount of the labor and material as the work progresses. Third. And it is further agreed by and between the said owner and the said contractor that : 1. The specifications and the drawings are intended to co-operate, so that any works exhibited in the drawings, and not mentioned in the specifications, or vice versa, are to be execi;ted the same as if botli mentioned in the specifications and set forth in the drawings, to the true intent and meaning of the said drawings and specifications when taken together. But no part of said specifications that is in conflict with any portion of this agreement, or that actually is not descriptive of the work to be done thereunder, or of the manner in which said work is to be executed, shall be considered as any part of this agreement, but sliall be utterlv null and void. Form 1185 Cowdery's Form Book. 438 2. Tlie said architect shall provide and furnish to the contractor all details and working drawings necessary to properly delineate said plans and specifications; and the work is to be done and the materials furnished in accordance with said plans and specifications, under the direction and supervision and subject to the appi'oval of said architect, or a superintendent selected and agreed upon by the parties hereto, within a fair and equitable construction of the true intent and meaning of said plans and specifications. 3. Should any dispute arise between the owner and contractor, or between the contractor and architect, respecting the true construction of the drawings and specifications, the same shall, in the first instance, be decided by the architect; but should either of the parties hereto be dissatisfied with the justice of such decision, or should any dispute arise between the parties hereto respecting the valuation of the extra work, work done, or work omitted, the disputed matter shall be referred to, and decided by, two competent persons who are experts in the busi- ness of building,^one to be selected by the owner or architect, and tlie other by the contractor; and in case they cannot agree, these two shall select an umpire, and the decision of any two of them shall be binding on all parties. 4. Should the owner or the architect, at any time during the progress of the work, request any alterations or deviations in, additions to, or omissions from, this contract or the plans or specifications, either of them shall be at liberty to do so, and the same shall in no way affect or make void this contract; but the amount thereof shall be added to, or deducted from, the amount of the contract price aforesaid, as the case may be, by a fair and reasonable valuation. And this contract shall be held to be completed when the work is finished in accordance with the original plans, as amended by such clianges, whatever may be the nature or extent thereof. 5. Sliould the contractor, at any time during the progress of the work, refuse or neglect, without the fault of the owner, architect, or superintendent, to supply a sufficiency of materials or workmen to com- plete the contract within the time limited herein, or within any lawful extension thereof, for a period of more than three days after having been notified by the owner in writing to furnish the same, the owner shall have power to furnish and provide said materials or workmen to finish the said work; and the reasonable expenses thereof shall be deducted from the amount of the contract price. 6. Should the contractor fail to complete this contract, and the works provided for therein, within the time fixed for such completion, due allowance being made for the contingencies provided for herein, he shall become liable to the owner for all loss and damages which the latter may suffer on account thereof, but not to exceed the sum of dol- lars ($ ) per day for each day said work shall remain uncompleted beyond such time for completion. -139 Contracts. Form 1185 7. For any flolay on the part of the owner in making any of tlie payments or installments provided for in this contract after they shall become due and payahle, he sliall be liable to the contractor for any and all damages which the latter may suffer; and such delay shall, in addition, operate as an additional extension of the time for completion aforesaid for the length of time of such delay. And such delay, if for more than five days after the date when said payments or installments shall have respectively become due and payable as in this agreement provided, shall, at the option of the contractor, be held to be preven- tion by the owner of performance of this contract by the contractor. The time during which the contractor is delayed in said work by the acts or neglects of the owner or his employees, or those under him by contract or otherwise, or by the acts of God which the contractor could not have reasonably foreseen and provided for, or by stormy and in- clement weather which delays the work, or by any strikes or like trouble among mechanics or laborers which delay said work, and which are not caused by, or the continuance of which is not due to, any un- reasonable acts or conduct on the part of the contractor, shall be added to the aforesaid time for completion. In case said work herein provided for should, before completion, be wholly destroyed by fire, defective soil, earthquake, or other act of God wliich the contractor could not have reasonably foreseen and provided for, then the loss occasioned thereby shall be sustained by the owner to the extent that he has paid installments thereon, or that may be due under the second division of this contract respecting ])ayraents to be made by the owner; and the loss occasioned thcroby, and to be sustained by the contractor, shall be for tlie uncompleted portion of said work upon which he may be engaged at the time of the loss, and for which no payment is yet due under said second division of this contract. In the event of a partial destruction of said work by any of the causes above named, then the loss to be sustained by the owner shall be in the proportion that the amount of installments paid or due bears to the total amount of work done and materials furnished, estimated according to said contract price, and the balance of said loss to be sustained by the contractor. The payment of the progress payments by the owner, shall not be construed' as an absolute acceptance of the work done up to the time of such payments ; but the entire work is to be subjected to inspection and approval of the architect or superintendents at the time when it shall be claimed by the contractor that the contract and works are completed ; but the architect or superintendent shall exercise all reason- able diligence in the discovery, and report to the contractor as the work progresses, of materials and labor which are not satisfactory to the architect or superintendent, so as to avoid unnecessary trouble and cost to the contractor in making good defective parts. The rule of practice to be observed in the fulfillment of the fourth paragraph of the third division of this contract, concerning alterations, Forms 1186, 1187 Cowdery's Form Book. 440 etc., shall be that, upon the demand of either the contractor, the owner, or the architect, the character and valuation of any or all changes, omissions, or extra work shall be agreed upon and fixed in writing, signed by the owner, the architect, and the contractor, prior to execution. Witness our hands the day and year first above written. Executed in presence of , [Signatures.] No. 1186. Building Contract. This agreement, made the tenth day of July, one thousand nine hundred and sixteen, by and between J. D., of Amador City, in the county of Amador, and state of California, of the first part, and R. R., of the said Amador City, of the second part, in these words : The said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build, and finish, in a good, substantial, and workmanlike manner a two-story brick dwelling- house, on the lot of land situate in said county, and described as fol- lows: [Description of lot.] Agreeable to the drafts, plans and specifi- cations hereunto annexed, of good and substantial materials, by the first day of January next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the sum of two thousand dollars, gold coin of the United States, as follows: The sum of one thousand dollars when the building is inclosed and the roof put on, and the remaining one thousand dollars when the building is completed. And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these pres- ents covenant and agree, each with the other, that the sum of one thousand dollars, gold coin of the United States, as fixed, settled, and liquidated damages, shall be paid to the other by the failing party. [Signatures.] No. 1187. Contract With a Mason. This agreement, made the ninth day of September, A. D. one thousand nine hundred and sixteen, between A. B., of Oakland, Alameda county, and C. D., of the city and county of San Francisco, witnesseth : That the said C. D., for the consideration liereinafter mentioned, promises and agi-ees, to and with the said A. B., that he will do and perform, by himself or persons in his employ, in a good and workman- like manner, and with materials to be furnished by the said A. B., all the mason and plastering work to be done in and about the erecting and building a new dwelling-house on the fifty-vara lot No. 124 of the said A. B., °at northeast corner of California and Webster streets, in the city of San Francisco, according to the plans and specifications hereto annexed; and, also, that he will use the utmost care in working up the 441 Contracts. Form 1188 materials to be furnished by the said A. B., as aforesaid, to the best advantage for the said A. B., and that he will complete the said work on or before the first day of December, 1916. And the said A. B., in consideration of the premises, agrees to fur- nish and provide good and sufficient materials for the said work, at such time or times as the said C. D. may request; and to pay, in gold coin of the United States, the said C. D., for all such work as shall be performed by him or his servants in and about the said new dwell- ing-house, ornamental work excepted, on the completion of the same, at and after the rate of fifty cents per yard of three feet square, and the sum of six hundred dollars for all the ornamental Avork done or per- formed in and about the said dwelling-house— it being expressly under- stood and agreed, that no extra charge is to be demanded or allowed for corners, arches, jambs, joints, fireplaces, or any other kind of work not strictly ornamental, but all the work is to be measured as plain, except the ornamental work to be paid for, as aforesaid, in gross. [Signatures.] No. 1188. Contract for Sale of Real Estate. This agreement, made and entered into the ninth day of September, 1917, between G. A., of San Diego, county of San Diego, and state of California, the party of the first part, and D. J., of the same place, the party of the second part, Y\dtnesseth : That the said party of the first part, in consideration of the cove- nants and agi-eements on the part of the said party of the second part, hereinafter contained, agrees to sell and convey unto the said party of the second part, and said second party agrees to buy, all that certain lot and parcel of land, situate in the city of San Diego, county of San Diego, and state of California, bounded and described as follows, to wit: [Description.] For the sum of fifty thousand (50,000) dollars, gold coin of the United States; and the said party of the second part, in consideration of the premises, agi'ees to pay to the said party of the first part, the said sum of fifty thousand (50,000) dollars in United States gold coin, as follows, to wit: Twenty-five thousand (25,000) dol- lars. United States gold coin, on the execution of this contract; five thousand dollars on the fourth day of January, 1918, and the balance of twenty thousand dollars with interest thereon at the rate of nine per cent per annum from this date, on the tenth day of September, 1918. And the said party of the second part agrees to pay all state, cit}% and county taxes, or assessments of whatsoever nature, which are or may become due on the premises above described. In the event of a failure to comply with the terms hereof by the said party of the second part, the said party of the first part shall be released from all obligation in law or equity to convey said property, and the said party of the second part shall forfeit all right thereto. And the said party of the first part, on receiving such payment, at the time and in the manner above mentioned, agrees to execute and Form 1189 Cowdery's Form Book. 442 deliver to the said party of the second part, or to his assigns, a good and sufficient deed for the conveying and assuring to said party of the second part, the title to the above-described premises free and clear of encumbrances. And it is understood that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respec- tive parties, and that said party of the second part is to have imme- diate possession of said premises. [Signatures.] No. 1189. Agreement to Sell and Buy Land. This agreement, made tlie day oE , 191—, by and between ■ , the party of the first part, hereinafter called the seller, and ■ , the party of the second part, hereinafter called the buyer, witnesseth : That the seller and the buyer, in consideration of their mutual prom- ises to each other, hereinafter stated, liave agreed, and by these presents do agree, as follows, to wit: The seller agrees to sell to the buyer, his heirs and assigns, the following lot or parcel of land situated in the county of , state of , and described as follows, to wit : ; Being lot , in block , as delineated upon that certain map entitled , filed on the day of , 191—, in the office of the county recorder of the county of , state of . And the buyer agrees to purchase the said parcel of land, and to pay the seller therefor the sum of dollars ($ ), in gold coin of the United States, as follows, to wit: the sum of dollars ($ ) on the execution and delivery of this agreement, the receipt whereof is hereby acknowledged, and the residue of said purchase price to be paid in monthly installments of dollars ($ ) per month, pay- able monthly in advance, on the day of each and every month, commencing on the day of , 191 — . It is further agreed between the parties hereto that the buyer may, at his election at any time, pay the whole or any part of said install- ments, though the same be not due. Upon the" payment by the buyer of the said purchase price, at the time and in the manner above mentioned, the seller hereby agrees to make, execute, and deliver to the buyer, his heirs and assigns, a srant bargain and sale deed to said property, free and clear of all encum- brances done or suffered by the seller. The seller agrees to grade the streets, to place redwood curbs, and to construct cement and bituminous or asphaltum sidewalks; to con- struct a sewer in the street in front of said lots as soon as three-fourths of said block is occupied by dwellings, or, in any event, not later than two (2) years from date hereof. The seller further agrees to pay the state and county taxes assessed against the land herein described during the term of this contract, and to charge no interest on deferred payments, provided the payments are made as agreed herein. 443 Contracts. Form 1190 The due performance of all covenants and agreements on the part of the buyer is a condition precedent, whereon depends the performance of the agreements on the part of the seller. In the event of the fail- ure of the buyer to comply with the covenants and agreements, or any thereof, on his part entered into, the seller shall be released from all obligation in law or in equity to transfer and convey said property, or any part thereof; and the buyer shall relinquish all rights under this agi-ecment; and all moneys which he shall theretofore have paid here- under shall be considered as rent for the use of said premises, up to tlie time of default, and as liquidated damages for such default, and not as a penalty; and in such event the buyer will at once vacate and surrender said premises to the seller on demand. The buyer may transfer this agreement at any time by assignment, witli the written consent of the seller. It is agreed that all payments under this agreement shall be made at the office of , , , unless otherwise directed by a notice signed by the seller. Tlie word "buyer" is intended to include the masculine, feminine, and neuter genders, and to be applicable where there are two or more buyers signing this agreement, in the same manner as when there is only one. This agreement is to bind the successors, heirs, executors, adminis- trators, and assigns of the respective parties hereto. Time is of the essence of this agreement; and this agreement is to be executed in duplicate. Witness the hands of the parties to this agreement hereunto set the day and year first above written. , Seller. • , Buyer. Executed in duplicate in the presence of . No. 1190. Authority to, and Agreement With, Agent to Sell. I, , the undersigned, having due authority, hereby appoint and employ & , from now until , 191 — , as sole and exclusive agents for the sale of the real property herein described, and, in con- sideration of their services to be performed, I authorize and request them to sell the same, either personally or through others, within that time, on the following terms and conditions: Raid property is located in the county of , state of , and is described as follows, to wit: The purchase price is dollars ($ ), and the agents' compensation is to be dollars ($ ), both the purchase price and such compensation payable in gold coin of the United States of America, within the time allowed for accepting title, and upon the owner's delivering to the purchaser a grant, bargain and sale deed. The purcliaser shall have days to report in writing all valid de- fects in title, and the owner days to remove them. On approvin-x Form 1190 Cowdery's Form Book. 444 title, or removing defects reported, both of which shall be done promptly and within the time allowed, the purchaser shall, in the manner stipulated, immediately deposit for the owner with & , or some local bank, or some title insurance or abstract company, the purchase price agreed upon. Thereupon the owner shall promptly leave with the same depository, with permission to deliver or record, a prop- erly executed and acknowledged deed of grant, bargain, and sale, wliich, upon payment being made therefor as herein or hereafter provided, shall convey to said purchaser the whole of said property with an un- qualifiedly valid and merchantable title in fact and of record, entirely free from any defect, restriction, or encumbrance reported as agi'eed, and not herein expressly excepted, or not assumed, created, or per- mitted by the purchaser. All improvements now claimed as belonging to the land to be wholly and vertically within its boundary lines and in substantially as good condition as at present, and no improvements to be projecting on to or over the land from land thereto adjacent, at expiration of time for examining title and at time of notice to purchaser of owner's depositing the above-named document on the conditions specified. Rents and charges for taxes, water, and accepted insurance or in- debtedness arc to be adjusted pro rata from close of day following mutual deposit, within the time provided, of document and considera- tion herein or hereafter promised, or following first notice to either party of the other's performance after the time provided. & are authorized to enter into, sign, and deliver, for and in the name of the owner, an agreement for the sale of said property at the price and in substantial conformity with the terms agTeed to by the undersigned, and to include therein all changes hereafter ver- bally or in writing authorized; to correct all errors of location and boundary of the land; to accept and receipt for in the owner's name, and to hold a deposit on account of the purchase price pending com- pletion of sale; and to return same if owner fails to convey. To extend for days the time to examine title and report defects therein; the agents to return purchaser's deposit in their possession, without prejudice to any rights inherent in this agreement, or any sub- sequent agreement to buy and sell, should the owner refuse or fail to clear and convey said property in the manner and time aareed, or if, in the agents' judgment, the title cannot be perfected or reasonably safeguarded within months after receipt of purchaser's written report thereon. Consummation of sale shall not be prevented or de- layed by any formal defect that does not vitally impair the title and that cannot be removed withir the time provided ; but the owner shall be permitted to sufficiently guarantee the purchaser that the defect will be removed as promptly as legal process allows, and shall do so if required. The purchaser's actual and reasonable expenditure for ex- amining title and surveying property, not exceeding usual charge for such survey and insuring title in the sum of said purcliase price, is, in 445 Contracts. Form 1190 exchange for all benefits arcrucfl for such exponflitnre, to he repaid by owner on failing- to convey the property as agreed, — surveying charge to be included only if title is otherwise approved. Time shall be of the essence of this and any subsequent agreement relating to said pi-opci'ty, and if the purchaser fails to comply with any of the conditions agreed upon, at the time or in the manner stipu- lated, the owner shall be released from all obligations to said pur- chaser, and all rights, legal and equitable, of the purchaser under said agreement shall cease, and the whole of the deposit and all additional payments made shall be retained by or for the owner, either as liqui- dated and agreed damages, or may be applied on account of the pur- chase price, and suit may be entered against the purchaser to compel sf)ecific performance of said agi'eement signed. Any act herein promised or authorized to be done by or to any prin- cipal, excei^t the formal conveyance of the property, may be done by or to his agent, attorney, or subordinate. All benefits and obligations anywhere enumerated or implied in this or any corresponding agreement shall form an equally essential part of all extensions and renewals of such agreements, and shall respec- tively inure to and bind the heirs, executors, administrators, succes- sors, assigns, and nominees of the respective principals in interest whose names are here or there inwritten or attached. Should any sale, or agreement for the sale, or acceptable exchange of the above-described property be made by & , or by or through anyone authorized by them, or by me, or anyone else during the existence of this agreement or any extension or renewal thereof, I will pay & , upon demand, as compensation for their services performed hereunder, the sum of dollars ($ ). If the transaction is made by anyone except themselves or someone representing them, I guarantee that the compensation of & shall not be less than two and one-half per cent of the above-author- ized selling- price, and not less than fifty dollars ($50). I also agree to pay & , upon demand, the larger named compensation for their services performed hereunder, and as agreed and liquidated damages, should a sale or agreement for the sale or acceptable exchange of the above-described property be made by or through me or any owner within two months [or other specified time] after the expiration of this agreement or its last extension or renewal, to, for, or with anyone whose attention said agents directly or indirectly called to the property while aiithorized to do so; or should their author- ity be canceled before such expiration; or should an offer to purchase in conformity wnth this agreement not be accepted and a conveyancu- not be made on the conditions named ; or should an agi-eement for the sale or acceptable exchange of said property be made by or through said agents within two months [or other specified time] after the ex- piration of this agreement or . its last extension or renewal, and pre- vious to the cancellation in writing of such extended authority three Form 1190 Cowdery's Form Book. 446 or more days [or other specified time], before a deposit has been paid on tlie purchase' price under the terms authorized. All purchase moneys deposited in trust for the owner in excess of agents' compensation shall be paid over on completion of the trans- action, and the balance paid to, or retained by, said agents. I hereby warrant full performance of all the acts above stipulated to be done by the owner, and give & , and their agents, ex- clusive permission to bill, advertise, and show said property while authorized to sell the same. In witness whereof I have hereunto set my hand this day of , 191—. [Signatures.] . Executed in the presence of and . In consideration of the foregoing, we hereby accept the above ap- pointment and employment on the terms and conditions therein named. & . By . NOTE. — While a married man has the management, control and dis- position of community property, except that he cannot give it away, or convey it without a valuable consideration (see Cal. Civ. Code, sec. 172), yet it is often required by persons negotiating for the purchase of real estate, sold by a husband and wife, that both of them sign the contract. This is for the purpose of forestalling any questions that may arise as to separate property and community property. And it may be remarked here that it is advisable for one who has made a contract for the purchase of real property to have his contract recorded immediately, to put himself into proper position in case the seller fails to keep his contract. The following form of extension and renewal may be subjoined, and mar be repeated as agreed upon: I hereby extend and renew from now until ^ 191 — , the authority and agreement to sell, printed and written and by me signed, on the reverse side hereof, on , 191 — , and I again author- ize, employ, and request & . during the time first hereinabove written, to sell the real property described in said "Authority to, and Agree- ment with, Agent to Sell," on the same terms and under the same povv^ers, rights, and obligations therein conferred and undertaken. The following items of information may also be written or printed upon the "Authority to, and Agreement with. Agent to Sell": No. of building, street, between and streets. Kind and size of building and number of stories, . Kind of foundation, . Size, height and condition of basement, . Kind of roof, ; how old? ; condition, . Number of rooms, . Number of bay windows, . Number and style of grates, . Kind of walls, ; condition, . Style of lights," . Number and style of baths, . Kind and condition of plumbing, . Sewer connections, . Sidewalks, . Street im- provements, elevations, and grades, . General style of improvements in neighborhood, . Distance from car lines, . View, . Size of lot, . Size of yards, . Front of lot above street, about feet; below street, about feet. Bear of lot above street, about feet; below street, about feet. Cost of improvements, dollars ($ ); how old? ; present condition, . Monthly rents, dollars ($ ). Monthly water charges, dollars ($ ). Leased until , 191 — . Land is assessed for dollars ($ — ■ — ); improvements dollars ($ ). Total last year's tax, dollars ($ ). Abstract or title insurance at . Other owners, . Improvements insured in 447 Contracts. Forms 1191, 1192 the company, for dollars ($ ); expires, , 191 — ; rate . Mortgage, for dollars ($ ); expires , 191—; rate ; renew? ; mortgagee, . "Will owner take mortgage? ; amount dollars ($ ); time, ; rate, . Will owner exchange for other property? . Kind and location, , Remarks, . Owner's residence, ; business address, ; telephone, . Name of solicitor, . A broker employed to purchase is not entitled to a commission from the seller: See Bennett v. Kidder, 5 Daly (N. Y.), 512. A broker cannot act as agent of both parties to contract for the sale and purchase of real estate; but he may lawfully bring parties together for an exchange of lands, ^nd receive compensation from both parties, if they agree to pay him: See Clark v. Allen, 125 Cal. 276, 57 Pac. 985. No. 1191. Agreement With Agent or Broker to Sell Land. It is agreed that S. B., shall, as my agent, contract that I will sell the following tlescribed land to any purchaser found by him within thirty days from date hereof, viz., situated in the city and county of San Francisco, state of California, and known as fifty-vara lot No. 7 in Block No. 763, of the Western addition. The price to be not less than ten thousand dollars in gold coin of the United States. I agree to furnish to the purchaser within ten days after a deposit of two hundred and fifty dollars is made with me or the said S. B., an ab- stract of title to said land, certified to by J. and E. B. C, searchers of records in said city and county. The said property to be conveyed free of all encumbrances. The said property shall remain in the hands of the said S. B. exclusively for thirty days from date; and if he sells the same within said time, I will pay him a commission of two per cent upon the purchase price. All advertising expenses attending the sale to be paid by the said S. B. Dated . [Signatures.] NOTE. — The law of California requires an agreement authorizing or employing an agent or broker to purchase or sell real estate for compon- sation or a commission, to be in writing, subscribed by the party to be charged or his agent: California, Civ. Code, sec. 1864. No. 1192. Broker's Contract of Sale. Dated . Sold this day for account of A. B. C. to E. F. G. the following de- scribed premises situate in the city and county of San Francisco, state of California, to wit: [Description] for the sum of $10,000 in United States gold coin, on the following terms, to wit: One thousand dollars cash deposit upon the signing of this contract, and $9,000 cash upon delivery of deed to purchaser. The taxes for the year 1917 to be paid by the seller. Received from E. F. C, $1,000 as a deposit on above sale, to be re- funded in case a good title cannot be given by the seller, or in case this contract is not approved by the seller, twenty days to be allowed for search of title. Forms 1193, 119-1 Cowdery's Form Book. 448 In case the title proves defective, the necessary expenses of search and of examination of title to be paid by the seller, abstract to be furnished down to date hereof, by seller. [Signature.] No. 1193. Covenant not to Sue. Know all Men by These Presents: That whereas J. D., of the city of Oakland, in the county of Alameda, and state of California, is justly indebted to us, R. R., J. S., and P. B., in divers sums of money, which the said J. D. is unable to pay: Now, we and each of us, for ourselves, our and each of our heirs, executors, administrators, and assigns, for and in consideration of the agreement and covenant of the said J. D., hereinafter contained, do covenant and agree with the said J. D., that we will not, nor will either or any of us, at any time during two years from tlie date hereof, sue, prosecute, arrest, molest, or trouble tlie said J. D., in respect to or on account of any debts now by him due or owing to us, or any or either of us. And the said J. D., in consideration of the foregoing covenant and agreement, for himself, his heirs, executors, and administrators, cove- nants and agrees with the creditors, aforesaid, that he will faithfully apply all moneys, property, and effects that he may earn or procure during the said term of two years to the payment, in gold coin of the United States, of his debts owing to the creditors aforesaid, in proportion to the amount due and owing to each. Dated . [Signature.] No. 1194. Contract to Cultivate Land on Shares. This agreement, made this 10th day of May, 1917, between J. D. and R. R., witnesseth: That J. D. agrees with R. R. that he will properly plow, harrow, till, fit and prepare for sowing, according to the rules of good husbandry, all that certain field of ground belonging to the said R. R., which field lies, etc.; [Description of the field.] Containing about fifty acres, and to sow the same with good, clean wheat, finding one-half of the seed wheat necessary therefor, on or before the tenth day of January, 1916 ; and that he will at the proper time cut, harvest, and thresh the said wlieat, and properly winnow and clean the same, and deliver the one- half part of the said wheat to the said R. R., at his barn, on his premises, in the said city of Oakland, near his dwelling-house, within ten days after the 'same shall have been cleaned ; and will carefully stack the one-half part of the straw on the premises of the said R. R., near to his barn aforesaid. And the said R. R., in consideration of the foregoing agreement, promises and agrees, to and with the said J. D., that he may enter in and upon the said field for the purpose of tilling and sowing the same, and of harvesting the crop ; and free ingress and egress have and enjoy 449 Contracts. Forms 1195, 1196 for the purposes aforesaid; and that he v/ill furnish to the said J. D. one-half part of tlie seed wheat necessary to sow the same, on or before the first day of Januaiy next, and permit the said J. D. to thresh and clean the wheat upon the premises of the said R. R. [Signatures.] No. 1195. Complaint Against Builder for Special Damages from Loss of Rent. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the day of , 191—, at , the plaintiff and the defendant entered into an agreement, under their hands and seals, of wliich a copy is annexed as a part of this complaint, marked ''Exliibit A." 2. Tliat the plaintiff duly performed all the conditions thereof on his part, 3. That the defendant entered upon the performance of the work under said contract, but has neglected to finish the said contract, and that, although the time for the completion of said building expired before the commencement of this action, he neglects and refuses to complete the same. 4. That the plaintiff, on the day of , 191—, at , made an agi-eement Avith one , whereby he agreed to let, and said agreed to hire, the said building for two months, from the day of , 191 — , to the day of , 191 — , at the monthly rent of dollars ($ ), of which the defendant had notice. 5. That by reason of the defendant's failure to complete the contract aforesaid on his part, the plaintiff has been unable to give said occupancy thereof, and has been thereby deprived of the profits of said lease, to his damage in the amount of dollars ($ ), gold coin. Wherefore [etc.]. [Signature.] [Annex agreement marked "Exhibit A."] No. 1196. Complaint by Contractor for Extra Work Done Under Contract Modified. [Title of Court and Cause.] The plaintiff complains and alleges: First. For a first cause of action: 1. That on the day of , 191 — , at , the defendant, under his hand and seal, made a contract in writing with the plaintiff, of which the following is a copj'^: 2. That he has duly performed all the conditions thereof on his part, except that, at the request of the defendant, he finished the building Form Book — 20 Form 1197 Cowdery's Form Book. 450 with hard finish instead of cloth and paper, for which the defendant promised to pay a reasonable sum in addition to the price named in tlie contract. That by the consent of the defendant the time for com- pleting said work was extended for one month beyond the time fixed for the contract, to wit, to the day of , 191—. 3. That the plaintiff on his part duly performed all the conditions of said contract as modified. 4. That the sum of dollars ($ ) is a reasonable payment^ to be made, in addition to the price named in said contract, for finishing the buildino; with hard finish instead of cloth and paper. 5. That on the day of , 191— at , the plaintiff de- manded of the defendant payment of the sum of dollars ($ ), the amount due on said contract as modified. 6. That he has not paid the same, nor any part thereof. Second. For a second cause of action: 1. That between the day of , 191—, and the day of ^ , 191—, at , the plaintiff rendered further services and fur- nished materials to the defendant, at his request, in , for which the defendant promised to pay. 2. That the same are reasonably worth dollars ($ ). 3. That he has not paid the same, nor any part thereof. Wherefore [etc.]. [Sig^iature.] No. 1197. Complaint on Bond for Government Work to Recover for Materials Furnished to the Contractor. [Title of Court and Cause.] The plaintiff, as above named, complains against the defendants above named, and for cause of action alleges: 1. That heretofore, to wit, on the day of , 191—, at , in tlie state of , the defendant, , entered into and executed a formal contract in writing with the United States of America for the prosecution and completion of certain public work, in . That in accordance with the requirements of said contract, and in compliance with the requirements of the statute and act of Congress of said United States in that behalf provided, said defendant, , as principal, and said defendant, the company, of , as surety, at tlic same time and place with the execution of said contract as aforesaid, executed and delivered to said United States their pciial bond in the sum of dollars ($ ), conditioned that said defendant, , should promptly make full payment to all persons supplying materials in the prosecution of said work of , as in said contract provided. A copy of said bond, marked "Exhibit A," is hereto annexed and made a part of this complaint. 2. That thereafter said defendant, , entered upon, and in , 191—, completed, the said public work so required by said contract as 451 Contracts. Form 1197 aforesaid, and received from said United States payment tlicrcfor as by said contract provided, namely, the sum of dollars ($ ). During the course of said work of , as in said contract provided, the said company, in accordance with a contract to that effect then and there made with said , supplied him from time to time, and in such parcels as were by him required, during the prosecution of said work, with materials for, and by him used in, the prosecution of said work. Said materials consisted of , and were then and there used for and in connection with , required in doing said work so to be, and which was, done by the said , as required by said contract. The value, and under the terms of said contract by and between said and said for supplying said materials for said public work the price of said materials so supplied to him and used in said public work as aforesaid Avas tlie sum of dollars ($ — — ), and bj' the terms of last said contract was to be paid by said to said in install- ments corresponding with the said agreed price and value of each parcel of said materials so supplied him as aforesaid within days after each parcel thereof had been so supplied, and if not so paid to bear interest at the rate of per cent per annum. All of said materials were so supplied by said to said for said work as aforesaid, in parcels as aforesaid, between , 191 — , and , 191 — . Said paid to said , on account of said materials so supplied and used as aforesaid and the price and value thereof as aforesaid, the following stated sums at the dates stated, namely: On , 191 — , the sum of dollars ($ ) ; on , 191 — , the sum of dollars ($ ); and on , 191 — , the sum of dollars ($ ). Said sums when received were by said credited to said on said account, and applied in payment of the price of the parcel of said mate- rials earliest supplied to said - — — as aforesaid, and as so applied paid for all parcels of said materials so supplied to said by said prior to , 191 — . No other payment of or for said materials so by said supplied to and used by said was ever made. On , 191 — , there remained unpaid of the price and value of said materials so by said supplied to and used by said in said public work as aforesaid the sum of dollars ($ ), besides in- terest thereon at the rate of per cent per annum from the time said money became due, and on that day, at said , said ren- dered and stated to said an account of said materials so supplied as aforesaid at the price aforesaid and yet unpaid and due thereon, namely, the sum of dollars ($ ), together with interest thereon at the rate aforesaid, amounting at that date to the sum of dollars ($ ), which account, when so rendered and stated to him as afore- said, said then and there accepted and agreed to, and in writing promised to pay to said , in one day thereafter, the said amount unpaid and due thereon, with interest as aforesaid, namely, the total Form 1197 Cowdery's Form Book. 452 sum of dollars ($ ). Said sum has not, nor has any part thereof, nor of the interest thereon, been paid. 3. That said has not promptly or otherwise made full payment nor any payment save as aforesaid to said for the materials sup- plied by it to said for use, and which were actually by him used, in the prosecution of said public work so done under and as required by and provided in the contract by and between the United States of America and said first hereinbefore mentioned. 4. That said work of , as in said contract therefor provided, was and is public work of the United States, and was done under the direc- tion of the War Department of said United States. Heretofore, to wit, on , 191 — , said furnished to the said War Department an affidavit that materials for, and used in the prose- cution of, said public work in , as provided in said contract as aforesaid, had been supplied to said — — by said , and payment therefor had not been made; and, at the same time, said applied to said War Department to be furnished with a certified copy of the said contract and bond, for the purpose of bringing suit thereon in the name of the United States for the use and benefit of said against the defendants herein. Said department received said affidavit and application, and thereafter, to wit, on , 191 — , furnished said with a certified copy of said contract and bond for the purposes afore- said. 5. That said is, and at all times herein mentioned was, a cor- poration organized and existing under the laws of the state of , engaged, and by its charter authorized to be engaged, in business as . 6. The defendant, the company, of , is, and at all times herein mentioned was, a corporation organized and existing under the laws of the state of , with a branch office in, and a resident vice- president, resident assistant secretary, and resident manager in, and per- manently residing in, the county of , state of . During all of said time last mentioned said corporation was engaged in, and by law was authorized to engage in, the business of corporation surety on bonds required by law or contract within the state of , by license of said state, and had designated a person residing, and who now resides, in said county of , upon whom process in civil actions against said cor- poration may be served, as the representative of said corporation. The defendant, , is a resident of the district of . Wherefore plaintiff demands judgment (for the use and benefit of said ) against said defendant, , and the company, of , jointly and severally, for the aggregate sum of dollars ($ ), together with interest thereon at the rate of per cent per annum from , 191 — , and for the costs of this action. [Signature.] NOTE.— See United States v. Axman, 152 Fed. 816. It is necessary, under the laws of the United States, for the person fur- nishing labor and materials to a contractor engaged in public work, to apply 453 Contracts. Form 1198 to the department under the direction of which said work was done, and furnish it with an affidavit that the labor or materials have been supplied by him or them. Then it will send to the applicant a certified copy of the contract with the government and a copy of the contractor's bond, and the person making the application will then have a right of action in the name of the United States for his benefit against the contractor and his sureties, which he may prosecute to final judgment and execution: See Act of Congress of August 13, 1894, Stats, at Large, p. 278, c. 280. Such action is exclusively one upon the bond, and is maintainable as such only by virtue of the statute providing for such a bond, and giving an action upon it to the prosecutor: Mullins v. United States, 109 Fed. 817, 818, 48 C, C. A. 677. No. 1198. Agreement for Conditional Sale of Personal Property, Price Payable in Installments. This agreement, entered into between , of , county of , state of , hereinafter called the purchaser, and , of the same place, hereinafter called the seller, witnesseth: The purchaser promises to pay to said seller, at , the sum of dollars ($ ), as rent for , said rent to be paid as follows, to wit: dollars ($ ) before the delivery of the said property to him, the said purchaser, and the sum of dollars ($ ) on the first day of each month thereafter, commencing on the day of , 191—, with interest on the amount unpaid at the rate of per cent per annum, payable quarterly. The purchaser hereby acknowledges the receipt of said property, and agrees that he will keep the same in good order; that he will indemnify the said seller for loss, by fire or otherwise, of any of said property; and that it shall not be removed from without the consent of tlie said seller; and also agrees that, until the sum of dollars ($ ), with interest as aforesaid, is fully paid, the said property is the prop- erty of the said seller, and that he, the said purchaser, has no right to dispose of the same until said property has been fully paid for accord- ing to the terms of this contract. The said purchaser further agrees that if he fails to pay any of said installments when due, or to perform any of the aforesaid conditions, or if said property shall be attached or levied upon by creditors of the said purchaser, all of said sum of — dollars ($ ) then remaining unpaid shall, in any of said events, immediately become due and pay- able; and that the said seller may enforce payment of the entire sura then unpaid, with interest thereon; or may, if he so elect, rescind this executory contract and take possession, without legal process, of said property, and for that purpose may enter any premises where the same may be, all damages for said entry being hereby expressly waived. The said seller agrees that when the total sum of dollars ($ ) and interest thereon has been paid, and not until then, the said pur- chaser shall receive a bill of sale of said property, and that the title thereto shall then vest in the said purchaser. And it is mutually covenanted and agreed between the parties hereto that if the said seller elects to rescind this contract for any reason, and Form 1199 Cowdery's Form Book. 454 shall retake said property, he shall refund the money paid by the said purchaser, if any remains after deducting a rental for the use of said property of dollars ($ ) per month, expenses of taking posses- sion and removal, and per cent of the total sum to be paid for liquidated and assessed damages, which rental, expenses, and damages the said purchaser promises and agrees to pay to the said seller. The said rental shall date from the delivery of said property to the said purchaser. The seller hereby agrees to the terms of this contract, and it is mutually agreed between the parties hereto that in all matters herein mentioned time shall be of the essence of this contract. Dated at this day of , 191—. [Signatures.] Executed in presence of . NOTE. — The remedy of the seller for the violation by the purchaser of the terms of a conditional sale is discussed in Holt Mfg. Co. v. Ewing, 109 Cal. 353, 356, 42 Pac. 435; Parke v. White River Lumber Co., 101 Cal. 37, 35 Pac. 442. No. 1199. Agreement for Sale of Real Property, Price Payable in In- stallments. This agreement, made the day of , 191—, between , of the town of , county of , state of , party of the first part, hereinafter called the vendor, and , of the same place, party of the second part, hereinafter called the vendee, witnesseth : That, in consideration of the covenants and agi-eements on the part of the vendee hereinafter contained, the said vendor agrees to sell and to convey to the said vendee, and the said vendee agrees to buy, all that certain lot, piece, and parcel of land situate in the town of , county of , state of , and particularly bounded and described as fol- lows, to wit: ; for the sum of dollars ($— ), current lawful money of the United States of America, to be paid as follows, namely: the sum of dollars ($ ) upon the execution of this contract, the receipt whereof is hereby acknowledged, and the remainder in monthly installments of dollars ($ ), payable on the day of each and every month thereafter, commencing on the day of , 191—, with interest on deferred payments at the rate of per cent per annum from date when due until paid. And it is mutually covenanted and agreed between the parties hereto that the said vendee shall be let into, and have immediate possession of, said premises ; but that time shall be of the essence of this contract ; and that if the said vendee shall fail to pay the said installments, or any of them, when due, the said vendor shall be released from all obli- gation, both at law and in equity, to convey said property; and, in such event, the vendee shall forfeit all right to said property, and all pay- ments' theretofore made by him shall be forfeited to the said vendor. 455 Contracts. Forms 1200, 1201 The said vendor, upon receiving payments, at the time and in the manner hereinbefore specified, agrees to execute and deliver to the said vendee, or to his assigns, a good and sufficient deed conveying the title to said property, free and clear of all encumbrances. The said vendee agrees to pay all state, city, and county taxes, and all assessments of whatsoever nature, v/hich are or may become due on said property; and to keep the buildings thereon insured in the sum of dollars ($ ) until said property is paid for in full. It is mutuall.y covenanted and agreed that the provisions of this con- tract shall apply to and bind the heirs, executors, administrators, and assigns of the respective parties hereto. Witness our hands this day of , 191 — . [Signatures.] [Acknowledgment,] NOTE. — An agreement to sell and buy is a contract by which one engages to transfer the title to a certain thing to another, who engages to accept the same from him and to pay a price therefor: See Cal. Civ. Code, sec. 1729. No. 1200. Charter of Vessel for Term. Be it known that , owner of the ship , hereby lets said ship, now lying at , to , for the term of from the date hereof; and that the said , at the end of said term, is to pay to said owner the sum of dollars ($ ) in full for the hire of said vessel. Witness our hands this day of , 191 — -. [Signatures.] Executed in presence of , NOTE. — The owner may either let the capacity or burden of the ship, continuing the employment of the owner's master, crew and equipments, or may surrender the entire ship to the charterer, who then provides them himself: See Cal. Civ. Code, sec. 1959. No. 1201. Charter of Vessel for Voyage. This charter-party, made the day of , 191 — , between , of , of the first part, hereinafter called the owner, and , of , party of the second part, hereinafter called the charterer, wit- nesseth : That the owner lets to the charterer the ship , now lying at , of which is master, for a voyage, to be made from to That the owner warrants that the said ship shall be kept seaworthy, and in every respect fit for the voyage. That the charterer may put on board the said ship any goods what- ever, except such as are contraband of war. That the charterer shall be allowed days for discharging and reloading at the port of , and days for final discharge at the port of , exclusive in each case of Sundays and legal holidays, and commencing in each case from the time that notice is given to the char- Forms 1202-1204 Cowdery's Form Book. 45G terer, or his proper agent, of the readiness of the vessel to receive or discharge cargo; and that for every day of additional detention of the vessel for these purposes the charterer shall pay to the owner the sum of dollars ($ -). That the cliarterer shall pay to the owner, at , within days after the arrival of said ship at that port, the sum of dollars ($ — — ) in full for the hire of the same [and shall also pay, as they fall due, the expenses of victualing and manning the same, and all port charges and pilotage that may be due thereon]. Witness our hands [etc.]. [Signatures.] Executed in presence of , No. 1202. Answer Denying Offer to Perform Charter-party, [Title of Court and Cause.] The defendant answers to the complaint: That at the time fixed by the agreement referred to in the complaint the plaintiff was not ready or willing, nor in a condition, to receive the merchandise mentioned in the said agreement. [Signature.] No. 1203. Complaint for Breach of Contract to Employ, [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the twenty-sixth day of May, 1917, at P., the plaintiff and the defendant mutually agreed that the plaintiff should serve the defendant as an accountant, and that the defendant should employ the plaintiff as such for the term of [one year, or as the ease may be], and pay him for his services $65 monthly [or as the case may be]. 2. That on the twenty-seventh day of May, 1917, the plaintiff entered upon the service of the defendant under said agreement, and has ever since been, and still is, ready and willing to continue in such service. 3. That on the twenty-seventh day of August, 1917, the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, though the plaintiff then and there offered to continue in said service, and perform said agreement on his part, to the damage of the plaintiff $1,550. Wherefore [etc.]. [Signature.] No. 1204. Complaint for Breach of Contract to Manufacture. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the thirtieth day of May, 1917, at P., the plaintiff delivered to the defendant fifty sides of leather, of the value of $20, to be manu- 457 Contracts. Forms 1205, 1206 factiired into harness for a reasonable compensation, to be paid to the defendant by the plaintiff. 2. That the defendant, in consideration thereof, undertook to manu- facture the said harness, or cause it to bo manufactured from the leather, and to deliver the same to the plaintiff when so manufactured. 3. That the said leather was so manufactured into harness by the defendant before the thirtieth day of June, 1917, on which day the plaintiff demanded tlie same of the defendant, and then and there offered to pay him a reasonable compensation for manufacturing the same. [Or, 3. That the defendant did not manufacture said leather into harness, althousrh a reasonable time therefor elapsed before this action.] 4. That the defendant then, and has ever since, refused and neglected to deliver the same, and has converted them to his own use. [Or, 4. That the defendant manufactured said leather in such a neg- ligent and unskillful manner, that the said harness was of no value.] Wherefore [etc.]. [Signature.] No. 1205. Complaint for Breach of Contract to Serve. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the twenty-seventh day of May, 1917, at P., the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at a monthly compensation of $500, and that the defendant should serve the plaintiff as bookkeeper for the term of one year. 2. That the plaintiff has always been ready and willing to perform his part of the said agreement, and on the twenty-ninth day of May, 1917, offered so to do. 3. That the defendant refused to serve the plaintiff as aforesaid, to his damage $2,500. Wherefore [etc.]. [Signature.] Nc. 1206. Complaint for Repayment of Deposit. [Title of Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19 — , the plaintiff and the de- fendant made their contract in writing, subscribed by them, whereby it was mutually agreed that the said defendant should sell to this plaintiff, and the plaintiff should buy from the defendant, certain real estate described as follows, to wit: , for the sum of dollars ($ ), to be paid by the plaintiff; that the defendant should make a o;ood title to the said premises, and deliver a deed thereof on the (Jay of , 19 — ; and that the plaintiff should thereupon pay to the said defendant the said purchase money. 2. That the plaintiff, as a security, as well for the performance of said agreement on his part as to secure a performance thereof on the Form 1207 Cowdery's Form Book. 458 part of the defendant, then and there deposited in the hands of the said defendant the sum of dollars ($ ), as part of said pur- chase money, to be to and for the use of the defendant, and to be re- tained by him on account of the purchase money, if the jjlaintiff should complete his purchase and receive the deed; but to be to and for the use of the plaintiff, and to be returned to him, if the defendant should fail to fulfill his agi'eement to give a deed at the time and pursuant to the agreement. 3. That he has always been ready and willing to do and perform everything in the agreement contained on his part, and on the said ■ day of , 19 — , was ready and willing, and offered to the defendant, to accept the deed of the premises pursuant to the agree- ment, and to pay to him the balance of the purchase money due therefor. 4. That the defendant did not on the said day of , 19 — , or at any other time, or at all, give to plaintiff a deed of the premises pursuant to said agreement, but he then refused, and still does refuse, to do so. 5. That on the day of , 19 — , he demanded of the defend- ant payment of the sum of dollars ($ ), deposited with him as aforesaid. 6. The defendant has not paid the same, nor any part thereof. Wherefore [etc.]. [Signature.] No. 1207. Complaint on Bond to Convey Land. [Title of Court and Cause.] Plaintiff complains of defendant, and for cause of action alleges: (1) That the defendant, in consideration of six hundred ($600) dollars, on or about the day of March, 1891, made, executed and delivered to the plaintiff a certain instrument in writing, in the words and figures following, to wit. "Bond for Deed. "Know all men by these presents that A. B. Johnson, of Weber county, Utah Territory, of the first part, is held and firmly bound unto J. T. Mcintosh, trxistee for Helen A. Elliott, of Chico, California, of the second part in the sum of six hundred dollars. The condition of the above obligation is such that said party of the first part has agreed to gi-ant, sell, and convey unto the said party of the second part the following described real estate, situate in Weber count}'', Utah Territory', to wit : Lots six (6), seven (7), and eight (8), in block twenty (20), in Nelson's Park Addition to Ogden City, for the sum of six hundred dollars, to be paid as follows: The above-described lots are given in part payment for a colt known as 'Byron,' and deed is to be made when balance of mort- gage on them is due and paid, which A. B. Johnson agrees to pay off on or before May 10, 1891. Now if the said party of the first part shall, on or before the tenth day of May, A. D. 1891, execute and deliver 459 Contracts. Form 1208 to said party o£ tlie second part a good and sufTificnt warranty deed, conveying an absolute and indefeasible estate in fee simple, with the usual covenants in and to said tract or parcel of land, then this obliga- tion shall be void; otherwise to remain in full force and effect. In witness whereof the said party lias hereunto set his hand, this seventh day of March, A. D. 1891. A. B. Johnson. ** Signed in the presence of C. E. Brainard." (2) That said defendant did not execute and deliver to the plaintiff a good and sufficient warranty deed, conveying absolute title and inde- feasible estate in fee simple to said property on the tenth day of May, 1891, nor since said date, as provided in said instrument in writing, but has wholly failed in that regard although often requested so to do. (3) That by the terms of said written instrument the defendant be- came indebted to the plaintiff in the sum of six hundi-ed dollars on the tenth day of May, 1891, on defendant's failure to make the con- veyance as in said instrument of writing provided. (4) That at the time of making said instrument of writing herein set forth the plaintiff had duly performed all the conditions and cove- nants thereof on his part. (5) That the defendant has not paid the six hundred dollars nor any part thereof, wherefore plaintiff demands judgment against the de- fendant in the sum of six hundred dollars, with interest and costs. Painter & Murphy, [Verification.] Attorneys for Plaintiff. NOTE. — Precedent in Mcintosh v. Johnson, 8 Utah, 359, 31 Pac. 450. No. 1208. Complaint by Buyer Against Seller for not Delivering Merchandise. [Title of Court.] [Title of Cause.] [Title of Form.] The plaintiff complains, and alleges: 1. That on the day of , 19—, at , the plaintiff agreed with the defendant to buy of him, and the defendant then agreed to sell to tlie plaintiff, and to deliver to him on the day of , 19—, at , fifty thousand (50,000) bushels of corn at the price of fifty (50) cents per bushel, to be paid for on delivery thereof. 2. That the said time for the delivery of the said corn has elapsed, and that plaintiff has always been ready and willing to receive the said corn, and to pay therefor at the price aforesaid, on delivery, according to the terms of said agreement, of all of which the defendant had notice. 3. That the defendant has not delivered the same, nor any part thereof, to the plaintiff, at , or elsewhere. 4. That the plaintiff has thereby lost profits, and has sustained damage to the amount of dollars ($ ). Wherefore [etc.]. [Signature.] Forms 1209 ,1210 Cowdery's Form Book. 460 No. 1209, Complaint by Seller Against Purchaser. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the sixth day of June, 1917, at P., the plaintiff and de- fendant entered into an agi-eement, in substance as follows: [State the agreement.] 2. That the plaintiff duly performed all the conditions of said con- tract on his part, and was, on the sixth day of July, 1917, at P., the day and place of delivery, ready and willing to deliver said goods, and tendered the same to the defendant. 3. That defendant refused to accept said goods, or pay for them, pursuant to said agreement, to the damage of the plaintiff $1,250. No. 1210. Complaint to Recover Subscription for Public Object. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. [Aver incorporation.] 2. That the plaintiff, in the month of March, 1917, was erecting a building at B., for the purpose of public worship. 3. That the defendant and others requested the plaintiff to com- plete the same, and for the purpose of enabling the plaintiff to do so, they subscribed and agreed to pay to the plaintiff the sum of $50, in consideration of the premises, and of the like subscription and agi'ce- ment of other persons. 4. That upon the faith of said subscription the plaintiff proceeded with the erection of the building, and expended thereon large sums of money, and incurred large liabilities, and completed said building, and otherwise duly performed all the conditions on its part. 5. That the defendant has not paid said subscription, or any part thereof [except, etc.]. CONTRIBUTION. 1236. Order for contribution by legatee to devisee whose devise has been sold to pay debts. INTRODUCTORY NOTE. Where Provision by Will Insufficient. — If the provision made by the will, or the estate appropriated therefor, is insufficient to pay the debts, expenses of administration, and family expenses, that portion of the estate not devised or disposed of by the will, if any, must be appropriated and disposed of for that purpose. Estate Subject to Debts. — The estate, real and personal, given by will to legatees or devisees, is liable for the debts, expenses of administration, and family expenses, in proportion to the value or amount of the several devises or legacies, but specific devises 4G1 Contribution. Form 1236 or legacies are exempt from such liability if it appears to the court necessary to carry into effect the intention of the testator, and there is other sufficient estate. Contribution Among Legatees. — Whon an estate ??iven by will has been sold for the payment of debts or expenses, all the devisees and legatees must contribute according to their respective interests to the devisee or legatee whose devise or legacy has been taken therefor, and the court, when distribution is made, must, by decree for that purpose, settle the amount of the several liabilities, and decree the amount each person shall contribute, and reserve the same from their distributive shares, respectively, for the purpose of paying such contribution, NOTE.— See Cal. Code Civ. Proc, sees. 1562-1564. No. 1236. Order for Contribution by Legatee to Devisee Whose Devise has Been Sold to Pay Debts. [Title of Court and Cause.] It appearing that the said A. B., deceased, by his last will devised to C. D., all that real estate described as follows: [Description.] It also appearing that said real estate is of the present market vakie of $65,000. It also appearing that all the personal property belonging to said estate has been sold and the proceeds used to pay the debts of said estate and the expenses of administration. It also appearing that there remains in the hands of E. F., the execu- tor of said will, $27,305.25, in gold coin, and of that amount $365.25 will be consumed in closing said estate. It also appearing that the land above described has been sold by order of this court for the payment of the debts and expenses as afore- said, and that all the said money now in the hands of said executor is the surplus proceeds of said sale. And it also appearing that G. H. and L. J., are the only residuary legatees or devisees under said will, and that the said G. H. and L. J. will take, under said will, all the remaining real estate belonging to said deceased. And it also appearing that said last-mentioned real estate is unencumbered and of the present market vahie of $365,000. It is ordered that all the aforesaid $27,000 remaining on hand be distributed to the said C. D., and that the said G. H. and L. J., each contribute [upon such terms as to payment, etc., as the said C. D., G. H. and L. J. may agree upon], to C. D., the sum of $19,000 iu gold coin, making $38,000 in all. It is further ordered that upon presentation to this court of the re- ceipt of the said C. D. of said $38,000, that a decree of distribution of all that real estate described as follows [description], be distributed to the said G. H. and L. J., as tenants in common. Forms 1247-1258 Cowdery's Form Book. 462 NOTE.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 943; California, Code Civ. Proc, sees. 1562-1564; Idaho, Rev. Codes 1907, sec. 5581; Kansas, Gen. Stats. 1915, sec. 4658; Montana, Eev. Codes 1907, sec. 7585; Nevada, Rev. Laws 1912, sec. 6071; North Dakota, Comp. Laws 1913, sec. 8782; Oklahoma, Harris & Day's Code 1910, sec. 6397; Oregon, Lord's Oregon Laws, sec. 7345; South Dakota, Comp. Laws 1913, sec. 5847; Utah, Comp. Laws 1907, sees. 2805-2809; Washington, Rem, Code, sec. 1521j Wyoming, Comp. Stats. 1910, sec. 5673. CONVERSION. 1247. Complaint for conversion of personal property. No. 1247. Complaint for Conversion of Personal Property. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19 — , the plaintiff was lawfully possessed of , his property, of the value of dollars ($ ). 2. That on the said day, at , the defendant unlawfully took and carried away said property, and converted and disposed of the same to his own use, to the damage of the plaintiff in the sum of dol- lars ($ ). Wherefore [etc.]. [Signature.] COPARTNERSHIP. Copartnership. See Partnership. COPYRIGHT. 1258. Application for copyright by citizen or resident of the United States, 1259. Affidavit of American manufacture of copyright book. 1260. Assignment of copyright to book. No. 1258, Application for Copyright by Citizen or Resident of the United States, Register of Copyrights. Washington, D. C. [Date.] Of the book named herein, two complete copies of the best edition published on the date stated herein are hereby deposited to secure copy- right, accompanied by the affidavit required by section 16 of the act of March 4, 1909, that the book has been produced in accordance with the manufacturing provisions specified in section 15 of the said act. One dollar (statutory fee for registration) is also inclosed. The copy- right is claimed by the undersigned: Name and address of copyright claimant, , , Author or authors, . Title of book, . Vol. . Price $ . Date of Publication, Send certificate of registration to , . 463 Copyright. Forms 1259, 12G0 NOTE. — If the Ti-ork is anonymous or pseudonymous, it is not obligatory to state the name of thS author. This form is to be used only for books by citizens or residents of the United States. A separate application card must be used for each separate work. No registration can be made unless copies are accompanied with a properly filled-out application card, statutory fee, and the required aflS davit. A failure to deposit copies bars suit for infringement; and if deposit of copies is not made after "actual notice," it involves a fine of one hundred dollars ($100), the payment of twice the value of the book, and the copy- right becomes void. No. 1259. Afadavit of American Manufacture of Copyright Book. State of , County of , ss. I, , [in case of a corporation, say here: "the president (or secre- tary, or other authorized officer) of the company, a corporation organized under the laws of the state of "], being duly sworn, depose and say : 1. That I am the person claiming copyright in the book named herein [or, in the case of a corporation, add "for the said com- pany"].- 2. That I am the duly authorized agent or representative residing in the United States of the claimant of copyright in the book named herein. 3. That I am the printer of the book named herein. I further depose and say that, in so far as required by the act of March 4, 1909, the book entitled , of which two copies have been deposited, has been printed by , at , from type [or, plates maac in the United States from type], set within the limits of the United States by , at ; that the printing of the text of the said book: was completed on , 19 — ; that the said book was published on ^ 19_; that the binding of the said book has been performed within the limits of the United States by , at . [Signature.] Subscribed and sworn to before me this day of , 19 — . [Impression seal.] [Official signature.] NOTE. — The directions in the official form are to fill in the required statements to accord with the facts concerning the book named, and to draw a pen through such statements as are not intended to be made. No. 1260. Assignment of Copyright to Book. Be it known that I, ■ , of , county of , state of , the author, and absolute proprietor of the copyright of a book or work, entitled , do hereby, for and in consideration of the sum of dollars ($ ), the receipt whereof is hereby acknowledged, bargain, sell, and assign unto , of , county of , state of , his heirs, executors, administrators, and assigns all the said book, and the manuscript thereof and all my right, title, and interest, property, claim, and demand of every kind and nature whatsoever, of, in, and to the same and in any and all copyrights, and any and all renewals thereof, Cowdery's Form Book. 464 which may or can be had, or secured, or taken, jn respect to said book or manuscript, under and by virtue of any acts' of Congress, with any and all profit, benefit and advantage that shall or may arise by or. from printing, publishing, or vending the same during the original term of any such copyright, or during any renewed term thereof; to have and to hold the same to the said , his heirs, executors, admin- istrators, and assigns forever. Witness my hand this day of , 19 — , [Signature.] [Acknowledgment.] NOTE. — If the assignment of a copyright is executed in tlie United States, such assignment must be recorded in the copyright office within three calendar months after its execution; if it is executed without the limits of the United States, such assignrhent must be recorded in the copy- right office within six calendar months after its execution. In default of such recording, the assignment shall be void as against any subsequent pur- chaser or mortgagee for a valuation consideration, without notice, whose assignment has been duly recorded: See act of March 4, 1909, c. 320, Stats. at Large, 1084, sec. 44; Fed. State. Ann., Supp. 1909, tit. "Copyright," sec. 44. CORONERS. 1271. Coroner's certificate of death. 1272. Coroner's . subpoena. 1273. Coroner's demand for body. 1274. Oath to coroner's jury. 1275. Oath of witness before coroner's Inquest. 1276. Coroner's summons of juror. 1277. Inquisition by coroner's jury. 1278. Coroner's subpoena for experts. 1279. Coroner's warrant of arrest. 1280. Coroner's certificate as to value of physician's gervlcea. 1281. Return or verdict of coroner's jury. INTRODUCTORY NOTE. The various state statutes regulating the holding of inquests and the like are cited in the subjoined note. NOTE.— Alaska, Comp. Laws 1913, sees. 2473-2485; Arizona, Rev. Stats. (Civ Code 1913), sees. 2631-2634; Colorado, Mill's Ann. Stats. 1912, sees. 1408-1428- Hawaii, Rev. Code 1915, sees. 3696-3708; Idaho, Rev. Codes 1907 sees.' 8377-8386; Kansas, Gen. Stats. 1915, sees. 2599-2617; Montana, Rev' Codes 1907, sees. 9663-9675; Nebraska, Rev. Code 1913, sees. 5662- 5684' Nevada, Rev. Laws 1912, sees. 7542-7560; North Dakota, Comp. Laws 1913' sees. 3405-3424; Oklahoma, Harris & Day's Code 1910, sees. 1666-1690; Oregon, Lord's Oregon Laws. sees. 1835-1S51; Utah, Comp. Laws 1907, sees. 1221-1240; Washington, Rem. Code, sees. 4007-4030; Wyoming, Comp. Stats. 1910, sees. 1286-1289. 465 Coroners. Forms 1271-1274 No. 1271. Coroner's Certificate of Death. Office of the Coroner of the County of , State of . I, , coroner of the county of , state of , do hereby cer- tify that I held an inquisition upon the body of , a native of , aged years, at number street, on the day of , 19 — . Verdict of the jury: Death from sunstroke. And I furtlier certify that, no other person appearing to take charge of the body, I caused it to be interred at the , in this county, on the day of , 19 — . [Official signature.] Dated at this day of , 19 — » No. 1272. Coroner's Subpoena. State of , County of , ss. The People of the State of Send Greeting to and . We command you that, all business and excuses being laid aside, you be and appear before the undersigned, coroner of the county of , state of , at number street, on the day of , 19 — , at o'clock A. M., then and there to testify and give evidence in a certain inquisition now pending before said coroner; and herein fail not, or answer the contrary at your peril. Given under my hand this day of , 19 — . [Official signature.] NOTE.— See Gal. Pen. Code, sec. 1512. No. 1273. Coroner's Demand for Body. To and , Undertakers. Gentlemen : I hereby, as coroner of the county of , state of , demand of you the possession of the body of , now in your pos- session, for the purpose of holding an inquest to ascertain the cause of his death. I demand an immediate delivery of said body to , who will serve his demand upon you. Dated , 19-. ^^^''^^ signature.] No. 1274. Oath to Coroner's Jury. You and each of you do solemnly swear that you will truly inquire into the cause of the death of the person whose body is now lying here [or, whose body you have just viewed], who he was, when, where, and by what means he came to his death, and into the circumstances attend- ing his death, and render a true verdict thereon, according to the evi- dence afforded you, or arising from the inspection of the body. So help you God. NOTE.— See Cal. Pen. Code, sec. 1511. Form Book— 30 Forms 1275-1277 Cowdery's Form Book. 466 No. 1275. Oath of Witness Before Coroner's Inquest. You do solemnly swear [or, afifirm] that the evidence you shall give upon the inquest now pending, concerning the death of A. B. [or the person now lying here, or, the person upon whom inquisition is being made], shall be the truth, the whole truth, and nothing but the truth. So help you God. NOTE.— California, Code Civ. Proc, sec. 2094; Utah, Comp. Laws 1907, sec. 1228. No. 1276. Coroner's Summons of Juror. State of , County of , ss. The People of the State of Send Greeting to . We command you that, all business and excuses being laid aside, you be and appear before the undersigned, coroner of the county of -, state of , at number street, on the day of 19 — , at o'clock A. M., then and there to serve as a juror in a certain inquisition now pending before said coroner; and herein fail not, or answer the contrary at your peril. Given under my hand [etc.]. [Official signature.] NOTE.— See Cal. Pen. Code, sec. 1510. No. 1277. Inquisition by Coroner's Jury. State of California, City and County of San Francisco, — ss. Before J. G., Coroner. In the Matter of the Inquisition upon the Body of A. B., Deceased. We, the undersigned, the jurors summoned to appear before J. G., the coroner of the city and county of San Francisco, at [state place], on the first day of May, 1917, to inquire into the cause of the death of A. B. [or, of a person found drowned in the bay of San Francisco; or, found lying dead in the street; or, as the case may be, Avhose name is unknown], having been duly sworn according to law, and having made such inquisition, after inspecting the body, and hearing the testimony adduced, upon our oaths, each and all do say, that we find the deceased was named A. B., was a native of Ireland, aged about forty years ; that he came to his death on the first day of May, 1917, in this county, by drowning, having been found in the bay of San Francisco, at or near the Washington street wharf, and w^hether the same was accidental or intentional we have no means of knowing [or, by poison admin- istered willfully by his own hand; or, by the hand of, or by the means or instigation, of some other person, to the jury unknown; or, and we further find, that we believe C. D. to be the person by whose act the 467 Coroners. Forms 1278, 1279 death of the said A. B. is occasioned — stating the facts, as the case may be]. All of which we duly certify by this inquisition, in writing, by ns signed, this second day of May, 1917. [Signatures.] NOTE. — The Terdict of coroner's jury must be signed by each and Qveij juror: See Cal. Pen. Code, sec. 1514. No. 1278. Coroner's Subpoena for Experts. State of California, City and County of San Francisco, — ss. The People of the State of California Send Greeting to R. S. and J. B. We command you, that, all and singular business and excuses being laid aside, you be and appear before the undersigned, coroner of the city and county of San Francisco, state of California, at Hall of Jus- tice, on the thirty-first day of December, 1917, at ten o'clock A. M., then and there to inspect the body of a person [state name if known] upon whose body an inquest is being held, and to give a professional opinion as to the cause of the death of said person. [Or] "Then and there to make an analysis of the contents of the stomach of the body of said deceased, and give a professional opinion as to the cause of the death of said person." [Or] To make an analysis of the tissues of the body of said deceased. And herein fail not or answer the contrary at your peril. Given under my hand [etc.]. [Official signature.] NOTE.— See Cal. Pol. Code, see. 4143; Pen. Code, sec. 1512. No. 1279. Coroner's Warrant of Arrest. State of ■—, Courity of , ss. The People of the State of California to Any Sheriff, Constable, Mar- shal, or Policeman in this State. An inquisition having been this day found by a coroner's jury before me, stating that has come to his death by the act of , by criminal means: You are therefore commanded forthwith to arrest the above-named and take him before the nearest or most accessible magistrate in this county. Given under my hand this day of , 19 — . [Official signature.] NOTE.— California, Pen. Code, sec. 1518; Idaho, Rev. Codes 1907, sec. 8385; Montana, Rev. Codes 1907, sec. 9674; Washington, Rem. Code, sec. 4022. Forms 1280, 1281 Cowdery's Form Book. 468 No. 1280. Coroner's Certificate as to Value of Physician's Services. State of , County of , ss. I hereby certify that on the day of , 19 — , I, as coroner of the county of , state of , held an inquest upon the body of ; that I caused , a physician by profession residing in said county, at number street, to be subpoenaed as a witness to inspect the body of said deceased, and to give his professional opinion as to the cause of the death of said ; that he appeared at said inquest and inspected said body, and gave his professional opinion as to the cause of the death of said ; that he was detained by me at said inquest during six hours; and that I consider his services were of the value of dollars, ($— — ). [Official signature.] NOTE.— See Cal. Pol. Code, sec. 4143; Cal. Pen. Code, see. 1512. No. 1281. Return or Verdict of Coroner's Jury, State of , County of , ss. An inquisition was held at in county, state aforesaid, on the day of , 191 — , before , coroner of such county, upon the body of , there lying dead, by the jurors whose names are hereto subscribed. The said jurors, upon their oaths, do say . In testimony whereof said jurors have hereunto set their hands the day and year aforesaid. Attest, , Coroner. [Signatures.] NOTE. — In Hawaii, Kansas, Nebraska, North Dakota, Oklahoma, and South Dakota, the verdict or return must be attested by the coroner. In New- Mexico, he signs the verdict. In North Dakota, the verdict is called a "return" by the jurj. 469 Corporations. CORPORATIONS. 1292. Articles of Incorporation. 1293. Articles of incorporation of railroad company, 1294. Articles of incorporation of church. 1295. Corporations — Organization minutes. 1296. Kesolution to change principal place of business. 1297. Consent of stockholders to change principal place of business. 1298. Notice of change of place of business. 1299. Final resolution of board of directors changing place of business. 1300. Application for change of name. 1301. Application for change of name — Another form. 1302. Change of name — Order to show cause, and for publication thereof. 1303. Objections to change of name of corporation. 1304. Order changing name. 1305. Notice of annual meeting. 1306. Notice of annual meeting. 1307. Notice of directors' regular meeting. 1308. Notice of directors' special meeting. 1309. Proxy to vote at annual election. 1310. Proxy — Accompanied by ballot. 1311. Subscription agreement of corporation to be formed — Several counterparts. 1312. Subscription to take stock in corporation to be formed. 1313. Assessment notice. 1314. Resolution rescinding assessment. 1315. Notice of delinquent sale. 1316. Resolution waiving further proceeding and sale under assessments. 1317. Proxy to vote. 1318. Protest of a director of a corporation against dividend to be spread on the minutes. 1319. Annual affidavit by corporation. 1320. Grant of franchise by state to be a corporation — Oklahoma. 1321. Resolution extending time of delinquent sale. 1322. By-laws of corporation. 1323. Resolution of religious, educational or benevolent society to become incorporate — Montana. 1324. Affidavit of chairman as to incorporation of society, church or con- gregation — Colorado. 1325. Certiiicate of agreement of association — Washington. 1326. Certificate of legal organization — Washington. 1327. Certificate as to amendment of articles — Washington. 1328. Articles of incorporation of church. 1329. Complaint by corporation. 1330. Complaint against corporation. 1331. Summons to corporation (criminal case). 1332. Petition for dissolution of corporation. 1333. Objections to application for dissolution. 1334. Certificate of secretary on application for dissolution. 1335. Decree of dissolution. 1336. Order fixing time and place of hearing, and for publication of notice of application for dissolution. 1337. Notice of application to disincorporate. 1338. Notice of annual meeting of railroad company. l^'Sg. Notice of stockholders' meeting to increase capital. 1340. Notice of special meeting of stockholders to create bonded indebt- edness. Form 1292 Cowdery's Form Book. 470 1341. Affidavit of chairman as to incorporation of joint stock company or association — Colorado. 1342. Affidavit constituting articles of incorporation of cliurch or society- Utah. 1343. Complaint of corporation for subscription. 1344. Answer denying subscription for stock. CROSS-KEFEKENCES. Corporations— Power of Attorney to Transfer Stock, No. 2987. No. 1292. Articles of Incorporation. Articles of Incorporation of the B. M. E. M. Company. Know all Men by These Presents: That we, the undersigned, have this day voluntarily associated ourselves together for the purpose of forming a corporation under the laws of the state of California. And we hereby certify: First. That the name of said corporation is the B. M. E. M. Com- pany. Second. That the purposes for which it is formed are to carry on the business of mining for gold in the county of Sierra, state of Cali- fornia. Third. That the place where its principal business is to be transacted shall be the town of Downieville, county of Sierra. Fourth. That the term for which it is to exist is fifty years from and after the date of its incorporation. Fifth. That the number of its directors shall be five, and that the names and residences of those who are appointed for the first year are : Names. Residences. S. B. D. [and four others]. Downieville, Sierra County. Sixth. That the amount of the capital stock of this corporation shall be five million (5,000,000) dollars, divided into fifty thousand (50,000) shares, of the par value of one hundred (100) dollars each. Seventh. That the amount of said capital stock which has been actually subscribed is five million (5,000,000) dollars, and the follow- ing are the names of the persons by whom the same has been subscribed, to wit: Names of Subscribers. No. of Shares. Amount. S. B. D. [and four others]. 10,000. $1,000,000 In witness whereof, we have hereunto set our hands and seals, this twentieth day of May, one thousand nine hundred and seventeen. S. B. D. [and four others]. State of California, County of Sierra, — ss. On this twentieth day of May, in the year one thousand nine hundred and seventeen, before me, H. B., a notary public in and for said county, residing therein, duly commissioned and sworn, personally appeared 471 Corporations. Form 1293 S. B. D, [and four others], personally known to me to be tlie persons whose names are subscribed to the within instrument, and they each duly acknowledged to me that they executed the same. [Signature.] NOTE. — The term shall not exceed fifty years. The number of directors or trustees shall not be less than three. The articles of incorporation must be properly acknowledged and filed with the county clerk, and a copy thereof, certified by the county clerk, with the secretary of state. In certain cases, there must also be filed an affidavit that the required amount of capital stock has been actually subscribed, and that ten per cent thereof has been actually paid to a treasurer for the benefit of the corporation. The articles must be subscribed by three or more persons, a majority of whom must be residents of this state, and properly acknowledged by each: See Cal. Civ. Code, sees. 290, 292, 296. No. 1293. Articles of Incorporation of Railroad Company. Know All Men by These Presents; That we, the undersigned, have this day associated ourselves together for the purpose of incorporating under the laws of the state of California, a corporation, to be known by the corporate name of S. R. B. of the N. P. C. R. Company. And we hereby certify, that the objects for which this corporation is formed, are to construct, conduct, maintain, and own a narrow-gauge railroad (and telegraph line in connection therewith), from the city of Santa Rosa, in the county of Sonoma, and state of California, to a point at or near a place called Freestone, in said county and state, and dis- tant from the said city of Santa Rosa about twelve miles, which is the estimated length of said railroad and telegraph line; and at or near said place called Freestone, to connect with the N. P. C. R. That its principal place of business shall be the city of San Francisco, in said state of California. That the time of its existence shall be fifty years from and after the date of its incorporation. That the number of directors shall be five, and that the names of those who shall be directors, and are appointed to manage its affairs for the first year, are: Name. Residence. J. F. K. [and the others]. San Francisco, Cal. That the capital stock of this corporation shall be two hundred and fifty thousand dollars, divided into twenty-five hundred shares, of the par value of one hundred dollars each, all in gold coin of the United States. That the amount of capital stock actually subscribed is the sum of thirteen thousand and five hundred dollars, and that the same has been subscribed by the following persons: Names. No. of Shares. Amount. J, F. K. [and the others]. 25 $2500 And that at least ten per cent thereof has been paid in to the treasurer of this intended corporation, duly elected by the said subscribers. In witness whereof [etc.]. [Signatures.] Form 1294 Cowdery's Form Book. 472 No, 1294. Articles of Incorporation of Church. Know All Men: That we, the undersigned, have this day voluntarllj' associated ourselves together for the purpose of incorporating under the laws of the state of California, and in pursuance of the purposes for which we have been elected, as hereinafter set fortli, a religio;is corpo- ration to be knov/n as St. S. E. M. And we certify, that the objects for which this corporation is formed are: To establish a mission church in the city and county of San Fran- cisco, and in connection therewith suitable and customary organizations, for the purpose of public worship and religious training, according to the rules and discipline of the Episcopal Church of the United States of America, under the supervision of the Bishop of the Diocese of Cali- fornia, to take charge of the church building, estate, and property, and the affairs of the temporalities thereof; That the principal place of business of this corporation shall be in the city and county of San Francisco, state of California; That the term of the incorporation shall be fifty years; That the number of trustees who shall have the management of its affairs as aforesaid shall be, and the names of the trustees elected for the first year are: Names. Residence. S. L. J. [and others]. San Francisco, Cal. That the said trustees were duly elected at a meeting of the members of said mission, duly convened and held at the northeast corner of Ful- ton and Webster streets, for the pui-pose, among other things, of elect- ing trustees to take charge and management of its property, temporali- ties, and affairs, and to form this incorporation. That a majority of said members were then and there present, and voted, at such election, for the above-named trustees, as is more particularly set forth in the certificate and verification by the officers who conducted the election, hereto annexed and made part of these articles. This is to certify, that at a meeting of the members of St. S. E. M., duly convened for the purpose hereinafter set forth, held at the north- east corner of Fulton and Webster streets, on Monday, the tenth day of April, A. D. 1917, a majority of said members being then and there present, who voted at said election. The Rev. E. J. L. was requested to preside, and J. S. M. to act as secretary, with which requests they respectively complied. The meeting then proceeded to the election of five trustees, to take charge and management of the property, temporalities, and affairs of the St. S. E. M., and to form an incorporation under the laws of the state of California, in furtherance of the object for which the mission is founded. The following trustees were then duly elected, viz.: S. L. J. [and others], all residents of the city and county of San Francisco, state of California. E. J. L., President. J. S. M., Secretary. 473 Corporations, Form 1295 ITo. 1295. Corporrvtions — Organization Minutes. Organization of "Healy-Gale Company." Meeting of the persons named as directors in the articles of incorpo- ration of the "Healy-Gale Company." Pursuant to notice duly given, a meeting of the persons named as directors in the articles of incorporation of the "Healy-Gale Company" was held this day of May, 1906, at o'clock M., at Suite 7, St. Mungo Building, San Francisco, California. At this meeting, all of the persons so named were present, viz.: E. A. O'Brien. J. L. Bertrane. K. G. Cooney. Mr. O'Brien was called to the chair and Mr. Bertrane was requested to act as temporary secretary. Mr. O'Brien, in the chair, announced that the certificate of incorpo- ration of the company having been duly issued from the office of the secretary of state of the state of California, the object of the meeting was to organize the company by the election of officers to act until the adoption of the code of by-laws by the stockholders, and the election of directors thereunder, as required by law. K. G. Cooney nominated Mr. O'Brien for president. No other nomi- nations being made, on motion of K. G. Cooney, seconded by Mr. Ber- trane, the ballot was dispensed with, and Mr. O'Brien was unanimously declared duly elected president of the company. K. G. Cooney then nominated Mr. Bertrane for secretary. No other nominations being made, on motion, duly seconded, the ballot was dis- pensed with, and Mr. Bertrane was unanimously duly elected secretary of the company. The president then suggested that as the stockholders or subscribers for stock were present, further proceedings for the meeting be sus- pended and a stockholders' meeting be called and held forthwith. On motion, duly seconded, it was unanimously Resolved: That a meeting of the stockholders of the company be and is hereby called to be held this day of May, A. D. 1906, at the hour of o'clock M., at Suite 7, St. Mungo Building, San Francisco, California. On motion, duly seconded, the meeting adjourned. Approved, . , Secretary. We, the undersigned, the stockholders and subscribers for stock of the "Healy-Gale Company," being the owners and holders of all the sub- scribed capital stock of said company, viz.: E. A. O'Brien, J. L. Bertrane, K. G. Cooney, Form 1295 Cowdery's Form Book. 47-1 do hereby give our Avritten consent to the holding of this, the first stock- holders' meeting of the "Healy-Gale Company," this day of May, A. D. 1906, at the hour of o'clock M. at Suite 7, St. Mungo Building, San Francisco, California, and we do hereby certify that all the stockholders and subscribers for stock of said company are at this meeting now here present. In witness whereof, we have hereunto subscribed our names this day of May, A. D. 1906. Minutes of the First Stockholders' Meeting of the "Healy-Gale Company." Pursuant to a call and notice duly given, and the above written con- sent, this, the first meeting of the stockholders of the "Healy-Gale Com- pany," was held on this day of May, A. D. 1906, at o'clock M., at Suite 7, St. Mungo Building, San Francisco, California. Pi-esent: All the subscribed and all the issued shares, owned, held and represented as follows, viz.: E. A. O'Brien, shares. J. L. Bertrane, ** K. G. Cooney, " being all the shares of the subscribed capital stock of the company. Mr. O'Brien, president, in the chair. The secretary read the minutes of the meeting of the persons named as directors in the articles of incorporation, which, on motion duly seconded, were approved. The president announced that the first business of the meeting was the adoption of the code of by-laws for the government of the company and its officers. Mr. Bertrane presented a code of by-laws, which were read, and on motion of K. G. Cooney, seconded by Mr. O'Brien, they were adopted as the by-laws of the company, and ordered to be engrossed in the com- pany's book of by-laws. The president tlien announced that the next business before the meet- ing was the election, by ballot, of directors to serve for the ensuing year and until their successors are elected and qualified. The election of directors was then had by ballot: the secretary re- ceived the ballots from the stockholders. On inspection of the ballots cast, it was found that shares, the unanimous vote of the entire subscribed capital stock, had been cast for E. A. O'Brien, J. L. Bertrane, K. G. Cooney, as directors for the ensuing year, and until their successors are elected and qualified, whereupon the president announced that the said named gentlemen were duly elected directors of the "Healy-Gale Company." 475 Corporations. Form 1295 There being no further business before the stockholders, on motion, the meeting adjourned. , Secretary. Approved, , Minutes of Directors' Meeting of Healy-Gale Company. Mr. O'Brien was called to the chair, and Mr. Bertrane requested to act as secretary. On motion of K. G. Cooney, seconded by Mr. Bertrane, Mr. O'Brien was unanimously elected president of the "Healy-Gale Co." Mr. O'Brien then took his seat as president of the company and of the board of directors, and directed the secretary to report the proceed- ings of the board. The secretary was then directed to read to the board the code of by-laws adopted by the stockholders at their first meeting, held this day of May, 1906. The secretary then read the by-laws as the same are engrossed on pages 1 to of the company's book of by-laws. Thereupon on motion of Mr. Bertrane, seconded by K. G. Cooney, it was uiianiinously Resolved: That the code of by-laws adopted by the stockholders at their first meeting held on the day of May, 1906, and engrossed in full on pages 1 to of the book of by-laws of this company, be and hereby are approved and adopted as the by-laws of the company, and be it further Resolved: That each member of the board of directors and the secre- tary of the company be and hereby are requested to subscribe their names to the said by-laws, and certify the same in that certain book, to be kept in the office of the company, and known as and called the book of by-laws of the "Healy-Gale Company." On motion, duly seconded, it was unanimously Resolved: That the office of the company be and it is hereby fixed and located at Suite 7, St. Mungo Building, in the city and county of San Francisco, California. On motion duly seconded, it was, Resolved: That the secretary be, and he is hereby authorized and directed to procure a book of blank stock certificates for the use of the company, and also a seal with the following impress : "Healy-Gale Com- pany, Incorporated May , 1906," or other words and figures of simi- lar import. Thereupon the meeting adjourned. , Secretary. Forms 1296-1298 Cowdery's Form Book. 476 No. 1296. Resolution to Change Principal Place of Business. Whereas, it appears to be for the best interests of this corporation that its principal place of business be changed from the city and county of San Francisco, to Giant Station, California, where its works are situated; and. Whereas, the consent in writing to make said change of the owners and holders of more than two-thirds of its capital stock has been obtained and filed in the office of this corporation: It is therefore, resolved: That the principal place of business of this corporation be changed from the city and county of San Francisco, to Giant Station, Contra Costa county, California, and that the president and secretary give notice by publication of said change, in the manner and form as is by law required. No. 1297. Consent of Stockholders to Change Principal Place of Busi- ness. Whereas, the board of directors of the G. P. Company, Consolidated, a corporation organized and doing business under the laws of the state of California, have adopted a resolution to change its principal place of business from the city and county of San Francisco to Giant Station, in the county of Contra Costa, in said state, therefore, we, the under- signed holders of more than two-thirds of the capital stock of said corporation, hereby consent to said change. Witness each of our names signed to this consent, with the amount of the capital stock of said corporation held by each of us, signing as aforesaid. Shareholders. No. of Shares. A. B. 125 No. 1298. Notice of Change of Place of Business. Notice is hereby given that at a meeting of the board of directors of the G. P. Company, Consolidated, a California corporation, held on the thirtieth day of January, 1917, said board of directors passed a resolution that the principal place of business of the said The G. P. Company, Consolidated, be changed from the city and county of San Francisco, state of California, to Giant Station, in the county of Contra Costa, state of California; and further notice is given that the owners and holders of more than two-thirds of the capital stock of the said corporation, to wit, over fifteen thousand shares, have consented in writing to said change; and notice is further given that it is the inten- tion of the said G. P. Company, Consolidated, to change its prin- cipal place of business from said city and county of San Francisco, to said Giant Station, in the county of Contra Costa, state of California. Dated January 30, 1917. A. B., Secretary of G. P. Company. 477 Corporations. Forms 1299, 1300 No. 1299. Final Resolution of Board of Directors Changing Place of Business. Whereas, on January 30, 1917, more than two-thirds of the owners and holders of the capital stock of this, the G. P. Compam', Consoli- dated, to wit, over 15,000 shares, consented in writing to change its principal place of business from the city and county of San Francisco, state of California, to Giant Station, in the county of Contra Costa, California; and whereas, the said consent was filed in the office of the said corporation on January 30, 1917; and whereas, on January 30, 1917, the board of directors at a meeting thereof unanimously adopted a resolution changing the said corporation's principal place of business to said Giant Station, and ordered notice of said change to be pub- lished as is by law required; and whereas, such notice was published once a week for three successive weeks in the "Recorder," a daily paper printed and published in said city and county, commencing January 30, 1917, and ending February 22, 1917, and whereas a copy of the resolution of the board of directors authorizing said change, together with a copy of the publication of notice of said change, and a copy of the affidavit of publication of said notice, all duly certified by the presi- dent and secretary of said the G. P. Company, Consolidated, has been filed in the office of the county clerk of the said city and county and 5n the office of the secretary of state of said state, and in the office of the county clerk of the county of Contra Costa: Therefore, resolved, that the principal place of business of the said the G. P. Company, Consolidated, from and after the adjournment of this meeting, is at said Giant Station, Contra Costa county; and, resolved, that this board now adjourn to meet on February 27, 1917, at its office at said Giant Station, at 9 o'clock A. M. No. 1300. Application for Change of Name. [Title of Court and Cause.] To the Superior Court of the City and County of San Francisco, State of California: The petition of the P. P. Company, a corporation, shows that it was formed and incorporated under the laws of the state of California on the third day of June, 1911. Its present name is the P. P. Company. It proposes to change its name to the P. M. and C. C. Company. The reason for such change is as follows : This corporation was organized by farmers who shipped their crops to merchants engaged in selling farm produce to retailers for daily consumption, and for the mutual benefit of both producers and consumers. The present name seems to limit the object of the corporation to the protection of the interests of the producers, and has been the cause of unfavorable comment, notwithstanding the fact that one-tliird of its capital stock is owned by consumers. Forms 1301-1303 Cowdery's Form Book. 478 Wlierefore, petitioner prays that its name be changed from P. P. Company to P. M. & C. C. Company. A. B., Director, C. D., Director, E. ¥., Director, Constituting a Majority of the Board of Directors. No. 1301. Application for Change of Name— Another Form. [Title of Court and Cause.] To the Honorable Superior Court of said City and County: Your petitioner represents that it is a corporation, and was incor- porated under the laws of the state of California on the twenty-third day of December, 1912. That its present name is N. P. D. and C. Works, and it desires to change its name to J. A, N. P. D. and C. Works. That the reasons for such change of name are as follows: Several other individuals and corporations are doing business in San Fran- cisco under names very similar to, if not identical with, the present name of this corporation. [Signatures of Majority of Board of Directors.] No. 1302. Change of Name— Order to Show Cause, and for Publication Thereof. [Title of Court and Cause.] Whereas the company, by , has filed its application with the clerk of this court to have its name changed to the company, all persons interested in said matter are directed to appear before this court on , the day of , 191—, at o'clock A. M. of said day, and show cause, if any they have, why the application for change of name should not be granted; and it is hereby ordered that a copy of this order be published in the , a newspaper of general circulation printed in said county, for successive weeks next pre- ceding the day of hearing. , Judge. No. 1303. Objections to Change of Name of Corporation. [Title of Court and Cause.] Now come A. B., C. D., E. F. and G. H., and objecting to the pro- posed change of the name of the P. P. Company to the P. and C. C. Company, and for reasons why such name should not be changed state the facts to be that: Said applicant corporation is engaged in the busi- ness of selling farm produce on commission. That the board of directors own and control a majority of all its stock. That the corporation is doing a profitable business, and its only business is to make all the money it can out of producers without reference to consumers ; and is a member of a combination of commission merchants that have sub- 479 Corporations. Forms 1304-1306 scribed to a pledge not to sell to consumers. That its only object in changing its name is to prevent any other corporation from organizing and adopting the name it proposes to assume. That the undersigned objectors are consumers and not sellers of farm produce, and are now engaged in organizing a co-operative corporation under the identical name proposed by the said change of name, which said proposed change of name will stifle. Wherefore objectors request the court to deny said petiiion. , Attorney for Objectors. No. 1304. Order Changing Name. [Title of Court and Cause.] It appearing to the court that sufficient cause exists therefor, it is ordered that the corporation described in the application herein as the A. B. Company be, and the same is by this order, changed to the C. D. Company. Dated . , Judge. No. 1305. Notice of Annual Meeting. The regular annual meeting of the stockholders of the A. 0. Com- pany will be held at the office of the company, San Francisco, Cali- fornia, on Tuesday, the fourteenth day of February, 1917, at the hour of ten o'clock A. M., for the purpose of electing a Board of Directors to serve for the ensuing year, and the transaction of such other business as may come before the meeting. Transfer books will close on Thursday, February 9th, at 3 o'clock P. M. Dated June 24, 1917. J. K., Secretary. No. 1306. Notice of Annual Meeting. B. U. Gold and Silver Mining Company. Notice is hereby given that the first annual meeting of the stock- holders of the above-named company will be held at the office of the company, No. 702 Washington street, in the city of San Francisco, on Wednesday, the first day of August, 1917, at two o'clock P. M., for the election of five directors for the ensuing year, and transaction of such other business as may come before the meeting. By order of the president. Dated July 3, 1917. J. K., Secretary. Forais 1307-1311 Cowdery's Form Book. 480 No. 1307. Notice of Directors' Regular Meeting. To A. B. Please take notice that there will be a regular meeting of the board of directors of the C. D. E. Company at its office at No. 197 Kohl Building, San Francisco, California, on July 7, 1917, at 9:30 A. M. Dated July 3, 1917. L. M., Secretary. No. 1308. Notice of Directors' Special Meeting. To . Please take notice that there will be a special meeting of the board of directors of the company on , the day of , 191 — , at its office at , at o'clock A. M. for the purpose of . By order of the president. , Secretary. No. 1309. Proxy to Vote at Annual Election. Be it known that I, , do hereby constitute and appoint my true and lawful attorney, for me, and in my name, place, and stead, to vote as my proxy at the annual meeting of the stockholders of the company, the stock represented by certificates numbered to , both inclusive, standing in my name, for the election of trustees and transaction of other business, to be held on the day of , 191 — , and according to the number of votes to which I would be enti- tled if personally present, with full power of substitution and revocation. Dated , 191—. [Signature.] No. 1310. Proxy — Accompanied by Ballot. I, , the holder of policy number in the , hereby vote for as the representative of the policy-holders of the state of at the annual election of said company, to be held at , on the day of , 191 — , and authorize him, or the person who may be duly elected as such representative by the policy-holders of the state of . to act as my proxy at said annual meeting, and vote and act for me in my name, as my attorney in fact, as fully and in the same mannei as I might were I personally present at said annual election. Witness, . [Signature.] No, 1311. Subscription Agreement of Corporation to be Formed — Sev- eral Counterparts. Whereas, it is proposed to organize under the laws of the state ol California a corporation to be known as Lassen Lake Company, or by such other name as the parties in interest may determine, and, Whereas, it is proposed that said corporation shall have a capital stock of fifty thousand ($50,000) dollars, divided into ten thousand 481 Corporations. Form 1312 (10,000) shares of the par value of five ($5) dollars each, and shall transact the business of ov?ning and managing real property, and own- ing and managing hotels and other resorts at or near Lassen Lake in Lassen county, California, or carry on any other business which may seem to said corporation capable of being conveniently carried on in connection with the objects, or calculated directly or indirectly to enhance the value of the corporation's property or rights. Now, therefore, the subscribers hereto, in consideration of their mutual promises, do hereby severally agree to and with each other that they will take and pay for, and they do hereby severally subscribe to the capital stock of said corporation to the amount of the par value of such stock set opposite their respective names, and do hereby waive any requirements of the statutes of the state of California relating to notice of assessments on the stock subscribed. We agree to make payments for the same to the treasurer of said corporation on demand at such time and in such amount as the directors of the corporation may direct. We have paid on account hereof the sum of two ($2) dollars per share, it being understood and agreed that all moneys paid on account of subscription shall be kept on deposit in trust for said corporation with the First National Bank of Oakland, California, until such time as such corporation may be entitled to issue the stock sub- scribed for, in which event said money is to be paid over to said cor- poration and applied upon account of our several subscriptions. It is understood that this subscription agreement is composed of more than one part, all of like tenor and effect, and that all of the subscribers on any of said counterparts are to be deemed subscribers to this agree- ment. Dated at San Francisco the day of , 1917. No. 1312. Subscription to Take Stock in Corporation to be Formed. We, the undersigned, agree to form a corporation under the laws of the state of , for the purpose of manufacturing . The capital to be dollars ($ ), divided into shares, of the par value of dollars ($ ) each. As soon as the corporation is formed, each of us, the undersigned, agrees to pay to the secretary of the corporation, at his office in , without demand, ten per cent of the par value of the stock subscribed by us, as set opposite our respective names, and the balance when called upon by the board of directors until the amount subscribed is fully paid. Witness our hands this day of , 191 — . Name. Residence. Amount. $ A subscription to the stock of a proposed corporation for the purpose of forming it is valid; the promises of the other signers and the common object sought to be accomplished are sufficient consideration for the promise of each signer: Marysville Electric L. & P. Co. v. Johnson, 93 Cal. 538, 27 Am. Form Book — 31 Forms 1313-1315 Cowdery's Form Book. 482 St. Rep. 215, 29 Pac. 126. Such subscriptions need not specify tlie acta necessary to be done to incorporate or show where the principal place of business of the corporation is to be. The mutual promise of the subscribers is a sufficient consideratipu for the promise of each, and is valid. Such an agreement does not malce the subscriber a membor of the corporation; but such membership is immaterial where there is a promise to pay a certain percentasre of the par value of the stock: West v. Crawford, SOCal. 19, 21 Pac. 1123. No. 1313. Assessment Notice. [Name of company in full.] Location of principal place of business, , state of . Notice is hereby given that at a meeting of the board of directors, held on the day of , 191 — , an assessment (number — ) of cents per share was levied upon the capital stock of the corpora- tion, payable immediately, in United States gold coin, to the secretary, at the office of the company, . Any stock upon which this assessment shall remain unpaid on , the day of , 191 — , will be delinquent, and advertised for sale at public auction, and, unless payment is made before, will be sold on , the day of , 191 — , to pay the delinquent assessment, together with costs of advertising and expenses of sale. By order of the board of directors. , Secretary. Office at . NOTE. — Arizona, Eev. Stats. (Civ. Code 1913), sec. 2147; California, Civ. Code, sec. 335; Idaho, Eev. Codes 1907, sec. 2754; Montana, Eev. Codes 1907, sec. 3871; Nevada, Eev. Laws 1912, sec. 1132; New Mexico, Stats. Ann. 1915, gee. 9D8; North Dakota, Comp. Laws 1913, sec. 4574; South Dakota, Comp. Laws 1913, sec. 2947; Utah, Comp. Laws 1907, sec. 359. Such notice must have the signature of the secretary, with the location of office. No. 1314. Resolution Rescinding Assessment. Resolved, that the assessment No. 41 [of fifteen cents] levied Janu- ary 19, 1917, be, and the same is hereby, rescinded. No. 1315. Notice of Delinquent Sale. H. S. Company. Location of principal place of business, San Francisco, California. Notice. — There is delinquent upon the following described stock, on account of assessment (No. 41), levied on the fourteenth day of Decem- ber, 1917, the several amounts set opposite the names of the respective shareholders, as follows : No. No. Name. Cert. Shs. Amt. R. G. H 9 10 $100 00 J. M. D 4 5 50 00 r. L. 5 5 50 00 483 Corporations. Forms 1316-1318 And in accordance with law, and an order of the Board of Directors, made on the fourteenth day of December, 1917, so many shares of each parcel of such stock as may be necessary will be sold at public auction, at the office of the company. No. 617 Market street, San Francisco, California, on Saturday, the fourth day of February, 1918, at the time of eleven o'clock A. M. of said day, to pay said delinquent assessment thereon, together with costs of advertising and expenses of the sale. Office. — Nos. 617, 619 Sansome street, San Francisco, California. A. B., Secretary H. S. Company, 617 Market St., San Francisco, Cal. NOTE.— Arizona, "Rev. Stats. (Civ. Code 1913), sec. 2147; California, Civ. Code, sec. 337; Idaho, Eev. Codes 1907, sec. 2756; Montana, Rev. Codes 1907, sec. 3873; Nevada, Rev. Laws 1912, sec. 1134; New Mexico, Stats. Ann. 1915, see. 910; North Dakota, Comp. Laws 1913, sec. 4576; South Ifakota, Comp. Laws 1913, sec. 2949; Utah, Comp. Laws 1907, sec. 361. This notice must have the name of the secretary, with location of oflace. No. 1316. Resolution Waiving Further Proceeding and Sale Under Assessments. Resolved, that all further proceedings for the collection of the delin- quent or the entire assessment [describe it] [or the part delinquent] are by this resolution waived; and this corporation hereby elects to proceed by action to recover the amount of said assessment delinquent and the costs and expenses already incurred. .NOTE.— California, Civ. Code, sec. 340. No. 1317. Proxy to Vote. Know all men by these presents: That I, A. B., of San Francisco, do hereby constitute and appoint G. C. to be my lawful attorney, sub- stitute and proxy, for me and in my name, to vote on all the stock held by me in the T. M. Co., and at any election for directors, as fully as I might or could do, were I personally present at such election. Dated . [Signature.] No. 1318. Protest of a Director of a Corporation Against Dividend to be Spread on the Minutes. Whereas, I opposed the motion made by Director A. B. C. at this meeting to declare a dividend of $100 a share upon the capital stock of this corporation; and whereas, said motion was carried and said divi- dend declared without my vote, now, be it known that I dissent from the declaration of said dividend and demand that my dissent be entered at large on the minutes of this meeting. Dated , [Signature.] Form 1319 Cowdery's Form Book. 484 NOTE. — In California, if dividends are made except from the surplus profits of a corporation, or if debts are created beyond the capital stock, or if any of the capital stock is divided or paid to stockholders, or if the capital stock is increased or reduced except as by law provided, all the directors at a meeting when any of the above things are done, who do not dissent and cause their dissent to be entered on the minutes of the meeting, are liable, jointly and severally, for the amount diverted, and the statute of limitations never runs in their favor: Civ. Code, sec. 309. No. 1319. Annual Affidavit by Corporation. State of , County of , ss. I, , do solemnly swear that I am the president of the corporation known and styled as , duly incorporated under the laws of the state of , on the day of , 191 — , and now transacting or conducting business in the state of , and that I am duly author- ized to represent said corporation in the making of this affidavit; and I do further solemnly swear that said , known and styled as aforesaid, has not, since the first day of , 191 — , created, entered into, or become a member or a party to any pool, trust, agreement, combination, confederation, or understanding with any other corpora- tion, partnersliip, individual, or any other person, or association of persons, to regulate or fix the price of any article of merchandise or commodity; and that it has not entered into or become a member of, or a party to, any pool, trust, agreement, contract, combination, or confederation to fix or limit the amount or quantity of any article or commodity, or merchandise to be manufactured, mined, produced, or sold in this state; and that it has not issued, and does not own, any trust certificates; and, for any corporation, agent, officer, or employee, or for the directors or stockholders of any corporation, has not entered into, and is not now in, any combination, contract, or agreement with any person or persons, corporation or corporations, or with any stock- holder or director thereof, the purpose and effect of which said com- bination, contract, or agreement would be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees, with the intent to limit or fix the price, or lessen the production and sales, of any article of conmierce, use, or consumption, or to prevent, restrict, or diminish the manufacture or output of any such article. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — North Dakota, Rev. Codes, sec. 9233. The secretary of state may, each year, require the above affidavit of cor- porations. 485 Corporations. Forms 1320, 1322 No. 1320. Grant of Franchise by State to be a Corporation — Oklahoma. To All to Whom These Presents Shall Come, Greeting. Whereas have filed in the office of the secretary of state certain articles of organization, with a view of forming a corporation, to be known as , and with a capital of , for the purpose of construct- ing, maintaining, and operating, or maintaining or operating, a rail- road from to , and having complied with the provisions of the statutes in such cases made and provided: Therefore the state of hereby giants unto the above-named per- sons, their associates, successors, and assigns, full authority, by and under said name of , to exercise the power and privileges of a corporation for the purpose above stated and in accordance with their said articles of organization and the laws of this state. In witness whereof these presents have been attested with the great seal and signed and countersigned by the governor and secretary of state, at , the day of , in the year one thousand nine hun- dred and . , Governor. , Secretary of State. [Seal.] NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 1376. No. 1321. Resolution Extending Time of Delinquent Sale. Resolved, that the time fixed in the [describe the assessment, etc., and notice of sale] be, and the same is extended to the first day of March, 1918, at the hour of eleven o'clock of said day. NOTE.— California, Civ. Code, sec. 345. No. 1322. By-laws of Corporation. By-laws of the Company. Article I. The officers shall consist of a president, a vice-president, a treasurer, and a secretary, who shall, with the exception of the secretary and the treasurer, be chosen by the directors from among themselves. Article II. Section 1. A board of directors shall be elected at the annual meet- ing of the stockholder. The directors elect shall serve for one year from the first of , 191 — , and until their successors are elected and qualified. Sec. 2. No stockholder shall be eligible for election as a member of the board of directors unless he is a bona fide owner of at least • shares of the capital stock of the company at the time of his election. Article III. Section 1. President. The president shall preside at all meetings of the directors or stockholders. He shall sign, as president, all cer- Foi-m 1322 Cowdery's Form Book. 486 tificates of stock, and all contracts, and other instruments in writing wliich have been first approved by the board of directors. He shall draw all checks and warrants iipon the treasury. He shall call the directors together whenever he deems it necessary; and he shall have, subject to the advice and control of the directors, the general super- intendence of the affairs of the company. In the absence of the pres- ident, the vice-president shall perform his duties. Sec. 2. Treasurer. It shall be the duty of the treasurer to keep safely all moneys belonging to the company, and disburse the same under the direction of the board of directors, on warrants signed by the president and the secretary. At each annual meeting of the stock- holders, he shall submit a complete statement of his accounts for the past year, with the proper vouchers, for their information. He shall discharge such other duties pertaining to his office as shall be prescribed by the board of directors. Sec. 3. Secretary. It shall be the duty of the secretary to keep a record of the meetings of the board of directors and of the stock- holders. He shall keep the book of blank certificates of stock, fill up and countersign all the certificates issued, and make the corresponding entries on the margin of each book, on such issuance. He shall keep a proper transfer-book, and a stock-ledger in debit and credit form, showing the number of shares issued to and transferred by any stock- holder, and the dates of such issuance and transfer. He shall coun tor- sign all checks, keep proper account-books, and discharge such other duties as pertain to his office and are prescribed by the board of directors. Article IV. The board of directors shall have power: 1. To call meetings of stock- holders when they deem necessaiy, giving not less than two weeks' notice thereof, in manner as hereinafter provided; and they shall call meetings of the stockholders at any time, upon a written request for that purpose, of persons representing of all the capital stock. 2. To make rules and regulations not inconsistent with the laws of the state of or the by-laws of the company, for the guidance of the officers and management of the affairs of the company. 3. To de- clare dividends out of the surplus profits, whenever they shall deem it expedient. 4. To incur such indebtedness as they may deem necessary; provided, however, that no indebtedness over dollars ($ ) shall at any time be incurred by the company, and to authorize the execution, by the president and secretary, of any note for such indebtedness. Article V. It shall be the duty of the board of directors: 1. To cause to be kept a complete record of all their meetings and acts, and also of the pro- ceedings of the stockholders; and to present a full statement at the regular annual meeting of the stockholders, showing in detail the assets and liabilities of the company, and generally the condition of its affairs. 487 Corporations. Form 1322 A similar statement shall be presented at any other meeting of the stockholders, when thereto required by persons representing at least ■ of the capital stock of the company. 2. To supervise all the acts of the officers and employees, require the secretary and the treas- urer to keep full and accurate books and accounts, and to prescribe the form and mode of keeping such books. 3. To cause to be issued to the stockholders, in proportion to their several interests, certificates of stock, not to exceed in the aggrejiate the capital stock of tlie company. 4. To cause the moneys of the company to be safely kept, directing, from time to time, where they shall be kept or deposited. Article VI. A general superintendent shall be appointed by the board of directors, and be removable at tlieir pleasure. It shall be his duty: 1. To take charge of all the property belonging to the company, and to control and direct all labor and business pertaining to the interests, objects, and operations of the company, but entirely subject to the direction and control of the board of directors, or of the president of the com- pany. 2. To make monthly returns to the board of directors of all per- sons hired or employed by him, and a statement of all expenditures, accompanying the same with the necessary vouchers, and report the general condition of the business of the company, 3. To make requisi- tion upon the board of directors for necessary funds, stating the pre- cise objects for which they are required, and, if approved by the board, the money shall be transmitted to him in such mode as they may direct ; but he shall not have the power to sign notes or contracts for the company; neither shall he have the po^yer to incur any indebted- ness, unless so especially authorized by the president or the board of directors. Article VII. The members of the board of directors shall receive no compen- sation for their services as such, nor shall the company be held liable for any services rendered, except it is so expressly provided; but mem- bers of the board shall be allowed their reasonable traveling expenses wlien actually engaged in the business of the company, to be audited and allowed as in other cases of demand against the company. The secretary and the superintendent shall receive such compensation for their services as the board of directors shall determine. Article VIII. No contract by any officer of the company shall be valid without the previous authorization or subsequent ratification of the board of directors. Article IX. Section 1, The regular annual meeting of the stockholders shall be held on the last of of each year, at the office of the com- pany, in the county of , state of . A representation of a Form 1322 Cowdery's Form Book. 488 majority of the capital stock shall be necessary for the transaction of the business of all meetings of stockholders. At such meetings a representation by proxy, duly appointed, shall be allowed, such proxy to be in writing, and filed with tlie secretary of the company. Sec. 2, A regular monthly meeting of the board of directors shall be held on the first of each month, and special meetings of the board may be called by the president whenever he may deem it expedi- ent. A majority of the board of directors shall constitute a quorum for the transaction of business. Sec. 3. All meetings of stockholders shall be called by a notice pub- lished at least three times a week for two weeks in a daily newspaper in the said county, and also in some daily newspaper published at . Article X. Certificates of stock shall be of such form and device as the board of directors may direct, and such certificates shall be signed by the president and the secretary, and express on the face thereof their number, date of issuance, and number of shares for which, and the persons to Avhom, issued. Several certificates may be issued to the same person or persons, provided that in the aggregate they do not exceed the number of shares belonging to such person or persons. The cer- tificate-book shall contain a margin on which shall be entered the number, date, number of shares, and the name or names of the person or persons expressed in the corresponding certificates. Article XI. Shares of the company may be transferred at any time by the hold- ers thereof, or by attorney legally constituted, or by legal representative. But no transfer shall be valid, except between the parties thereto, until entered in the proper form on the books of the company. The sur- rendered certificates shall be canceled before a new certificate shall be issued in lieu thereof. The receiver of the new certificate shall be required to signify his assent to the by-laws of the company; and no transfer of any share of stock shall be valid upon which any assess- ments are due and unpaid, or the holder of which is indebted to the company on any account whatever, without the consent of the board of directors. Article XII. The books and papers, in the offices of the secretary and the treas- urer, shall at all times during business hours be open to the inspection of the board of directors and of any stockholder. Article XIII. These by-laws may be altered or amended at any annual meeting of the company, or at any special meeting called for that purpose, by a vote of two-thirds of the subscribed stock. 489 Corporations. Forms 1323, 1324 Article XIV. These by-laws shall always remain in possession of the secretary of the company. We, the undersigned, being the holders of two-thirds of the subscribed capital stock of the company, hereby assent to the foregoing by- laws. Names. Number of shares. Witness our hands this day of , 191 — . [Signatures.] We, the undersigned, a majority of the directors of the com- pany, and the secretary thereof, hereby certify that the foregoing by- laws, consisting of articles, and dated , 191—, are the by-laws of said company, a corporation organized under the laws of the state of , and that the said by-laws were adopted by the assent of stockholders representing a majority of all the subscribed capital stock, at a meeting called for that purpose. Witness our hands this day of , 191^. [Signatures.] [Seal] i Secretary. NOTE.— California, Civ. Code, sec. 301. No. 1323. Resolution of Religious, Educational or Benevolent Society to Become Incorporate — Montana. Resolved that the trustees of this church, to wit, , be and are hereby authorized to incorporate this church, and, for that purpose, to file with the proper officer articles of incorporation as required by law. NOTE. — Montana, Kev. Codes 1907, sec. 4225. This resolution may be adopted at any regular meeting of the association, or at a special meeting for that purpose called, by a vote of two-thirds of the members thereof then present. No. 1324. Affidavit of Chairman as to Incorporation of Society, Church or Congregation — Colorado, State of , County of , ss. I do solemnly swear that at a meeting of the members of the held at , in the county of , state of , on the day of , 191 — , for that purpose, the following persons, namely, , and ^ and , were elected trustees; that at such meeting such society, church, or congregation adopted as its corporate name ; and that at said meeting this affiant acted as chairman. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] Forms 1325, 1326 Cowdery's Form Book. 490 NOTE.— Colorado, Mill's Ann. Stats. 1912. ?ec. 1131. In addition to matters required to be stated in the affidavit, any such corpo- ration may insert therein any other lawful clause or clauses which they may desire to exist as a part of their charter. The chairman or secretary of such meeting shall, as soon as may be after such meeting, make, and tile in the office of the recorder of deeds in the county in which such congregation, church, or society is organized, or, in case of a general incorporation, in the otSce of the secretary of state, the affidavit substantially as given. Such affidavit, or a copy thereof, duly certified by the recorder or other authorized officer, shall be received as evidence of the due incorporation of such congregation, church, or society. No. 1325. Certificate of Agreement of Association — Washington. State of . Be it known that whereas and [etc.,] have associated them- selves with the intention of forming a corporation, under the name of • , for the purpose of , with a capital of dollars ($ ), and have complied with the provisions of the laws of this state in such case made and provided, as appears from the certificate of the presi- dent, secretary, and a majority of the trustees of said corporation, recorded in this office: Now therefore I, , secretary of the state of , do herehy certify that said and , [etc.,] their associates and successors, are legally organized and established as, and are hereby made, an existing corporation, under the name of , with the powers, rights, and privileges, and subject to the limitations, duties, and restrictions which by law appertain thereto. Witness my official signature siibscribed and the seal of the state of — hereunto affixed this day of , in the year 191 — . [Seal] [Official signature.] NOTE.— Washington, Eem. Code, sec. 3745. This certificate shall be signed, sealed, and recorded, and shall be conclusive evidence of the existence of such corporation. No. 1326. Certificate of Legal Organization — Washington. State of . Be it known that whereas and , [etc.,] have formally asso- ciated themselves with the intention of forming a corporation under the name of , for the puipose of , under the provisions of , with a capital of , and the provisions of the laws in this state in such case made and provided having been complied with, as appears from a certificate of the proper officers of said corporation, recorded in this office: Now therefore I, , secretary of the state of , do hereby cer- tify that said is legally organized and established as an existing corporation, with the powers, rights, and privileges, and subject to the limitations, duties, and restrictions, which by law appertain thereto. 491 Corporations. Forms 1327, 1328 Witness my official sii^natnre hereunto subscribed and the seal of the state of hereunto affixed this day of , in the year 191—. [Seal] [Official signature.] NOTE. — Washington, Rem. Code, sec. 3750. This certificate shall be signed, sealed, and recorded, and shall be conclusive evidence of the existence of such corporation. No. 1327. Certificate as to Amendment of Articles— Washington. State of . Be it known that whereas , a corporation heretofore duly organ- ized, has, in accordance with the provisions of the laws of this state in such case made and provided, amended its articles of agreement as follows : , as appears from a certificate of the proper officers of said corporation recorded in this office: Now therefore I, , secretary of the state of , do hereby cer- tify that such amendment has been duly adopted as, and now is, a part of the articles of agreement of said corporation. Witness my official signature hereunto subscribed and the seal of the state of hereunto affixed this day of , in the year 191—. [Seal] [Official signature.] NOTE. — "Washington, Rem. Code, sec. 3751. This certificate shall be signed, sealed, and recorded, and shall be conclusive evidence of the existence of such corporation. No. 1328. Articles of Incorporation of Church. Know all men that the. members of the Episcopal Church of the United States of America, in and for the diocese of , have this day voluntarily associated themselves together for the purpose of incorpo- rating under the laws of the state of , and in pursuance of the purposes for which directors have been elected, as hereinafter set forth, a religious corporation to be known as . And we, the undersigned, certify that the objects for which this cor- poration is formed are: To establish a mission church in the county of , and in connection therewith suitable and customary organizations, for the purpose of public worship and religious training, according to the rules and discipline of said church, under the supervision of the bishop of the diocese of , to take charge of the church building, estate, and property, and the affairs of the temporalities thereof.' That the principal place of business of this corporation shall be in the county of , state of . Tliat the term of the incorporation shall be years. That the number of directors who shall have the management of its affairs as aforesaid shall be, and the names of the directors elected for the first year are, , , [etc.]. Forms 1329, 1330 Cowdery's Form Book. 492 That tlie said directors v/ere duly elected at a meeting of the members of said mission, duly convened and held at , for the purpose, among other things, of electing directors to take charge and management of its property, temporalities, and affairs, and to form this incorporation ; that a majority of said members were then and there present and voted at such election for the above-named directors, as is more particularly set forth in the certificate and verification by tlie officers who conducted the election, hereto annexed and made part of these articles. We further certify that at a meeting of the members of , duly convened, for the purpose hereinafter set forth, held at , on , the day of , 191 — , a majority of said members being then and there present, who voted at said election, the Rev. was re- quested to preside, and to act as secretary, with which requests they respectively complied; that the meeting then proceeded to the elec- tion of five directors, to take charge and management of the property, temporalities, and affairs of the , and to form an incorporation un- der the laws of the state of , in furtherance of the object for which the mission is founded; and that the following directors were then duly elected, namely: , , [etc.], all residents of the county of , state of . Witness our hands this day of , 191 — . , President. [To be acknowledged.] , Secretary. NOTE.— California, Civ. Code, sees. 290, 593, 603. The articles of incorporation need only be signed and acknowledged by the presiding of&cer and secretary of such representative body: See Cal. Civ. Code, sec. 604. No. 1329. Complaint by Corporation. [Title of Court and Cause.] The plaintiff complains and alleges: 1. That it is a corporation organized and existing under the laws of the state of Nevada, and is doing business as such in its said corporate name. No. 1330. Complaint Against Corporation. [Title of Court and Cause.] The plaintiff complains and alleges: 1. That at the time hereinafter mentioned, the defendant was, and now is, a corporation, duly organized under and pursuant to the laws of this state, and was the owner of a certain railroad known as the C. P. R., with the track, cars, and other appurtenances thereunto be- longing, and was a common carrier of passengers from P. to R. 2. That on the eleventh day of July, 1917, at P., the defendant, with unnecessary violence, assaulted the plaintiff, and forcibly ejected him from one of its cars. 493 Corporations. Forms 1331, 1332 3. That the plaintiff was thereby disabled from attending to his busi- ness for three weeks thereafter, and has ever since been disabled from using his left foot, or otherwise, and was compelled to pay $1,000 for medical attendance, to the damage of the plaintiff $2,750. Wherefore [etc.]. [Signatures.] No. 1331. Summons to Corporation (Criminal Case). County of , State of , ss. The People of the State of to the You are hereby summoned to appear before me at , on , to answer a charge made against you upon the information of , for . Dated at the city of , this day of , 191 — . , Justice of the Peace. NOTE.— Arizona, Eev. Stats. (Pen. Code 1913), sec. 1281; California, Pen. Code, sec. 1391; Idaho, Eev. Codes 1907, sec. 8223; Montana, Rev. Codes 1907, sec. 9538; North Dakota, Comp. Laws 1913, sec. 11,079; Oklahoma, Harris & Day's Code 1910, sec. 6118; South Dakota, Comp. Laws 1913, sec. 561; Utah, Comp. Laws 1907, sec. 5072. No. 1332. Petition for Dissolution of Corporation. [Title of Court and Cause.] To the Honorable the Court of the County of , State of — — . The petition of the company represents and alleges : 1. That it is a corporation duly inrorporated on the day of , 191 — , and is still existing, under and by virtue of the laws of the state of , and that its principal place of business is in the county of . 2. That at a meeting of the stockholders of said corporation, held for such purpose, the dissolution of said corporation was resolved upon by a vote of two-thirds (%) of all the stockholders of said corporation. 3. That all claims and demands against said corporation have been fully satisfied and discharged. 4. That the total number of shares of the capital stock of said corpo- ration is thousand ( ) ; that thousand ( ) shares of the said capital stock of said corporation were duly represented at said meeting called as aforesaid, at the office of said company, in said county, for the purpose of the dissolution of said corporation, on tlie day of , 19 — ; and that the vote of all the stockholders at said meeting was as follows: thousand ( ) shares, represented by stockhold- ers as aforesaid, were for dissolution, and shares were against dissolution. 5. That the board of directors or trustees of said corporation consists of three, all stockholders thereof, and residents of said county of , and their names are as follows: , , and ; and that said Forms 1333, 1334 Cowdeuy's Form Book. 494 persons so named as trustees aforesaid have had the sole management of the affairs of said corporation for next preceding this applica- tion, and are now such managers. Wherefore your petitioners pray that your honor -will, after publica- tion of notice of this application, jJi'oceed to hear and determine the same, and, after hearing, adjudge and declare said corporation dis- solved, in accordance with the law in such cases made and provided. [Signatures.] [Verification.] NOTE'.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 2107; California, Code Civ. Proc, sees. 1228-1234; Idaho, Rev. Codes 1907, sees. 5186-5191; Montana, Rev. Codes 1907, sees. 3905-3908; Nevada, Rev. Laws 1912, sees. 1239, 1240; New Mexico, Stats. Ann. 1915, sees. 954-976; North Dakota, Comp. Laws 1913, sec. 4565; Oregon, Lord's Oregon Laws, see. 6701; South Dakota, Comp. Laws 1913, sees. 446-450; Utah, Comp. Laws 1907, sees. 3661-3667; Washington, Rem. Code, sees. 3707, 3708_; Wyoming, Comp. Stats. 1910, sees. 5094-5096. The application must be signed by a majority of the board of trustees, direc- tors, or other officers having the management of the affairs of the corporation, and must be verified in the same manner aa a complaint in a civil action: See California Code Civ. Proc, see. 1229. No. 1333. Objections to Application for Dissolution. [Title of Court and Cause.] Now comes , a claimant for damages and a creditor of said company, and files his objections to tlie application of said comjiany to dissolve. The objection is that all claims and demands against said corporation have not been satisfied and discharged, and particularly the claim of him, the said , for damages, has not been satisfied or discliarged, and an action at law has been commenced by him, the said , to recover said damages, to wit, the sum of dollars ($ ), for in- juries received througli the default and negligence of said corporation, wliich occasioned an explosion of gas, and consequent damage to said , as set forth in tlie complaint in said action which has been served upon the defendant; and said action is now pending in the court of the coimty of , state of . Wherefore he, the said , respectfully prays that said applica- tion may be denied. Filed , 191—. [Signature.] [To be verified.] NOTE. — California, Code Civ. Proc, sec. 1231. No. 1334. Certificate of Secretary on Application for Dissolution. [Title of Court and Cause.] I hereby certify, at a meeting of the stockholders of the S. U. W. and M. Company, held at its office in San Francisco the seventeenth day 495 Corporations. Form 1335 of May, 1917, regularly called for the purpose of determining wlictlier said corporation sliould be voluntaril}^ dissolved, and an apijlieation for such dissolution made to the court, there was present T. D., owning IBS shares, and R. D., owning one share of the capital stock, and J. F. C, owning 100 shares of the capital stock of said corporation, and which ownership so appears on the l^.ooks of the corporation. All the shares of said corporation being so present and represented, the following resolution was, upon motion duly made and seconded, carried and adopted by the affirmative vote of all the stockholders of said corpo- ration. "Resolved: That this corporation be dissolved, and that the Board of Directors of this corporation make application to the superior court of the city and county of San Francisco, state of California, for the dissolution of this, to wit, the S. U. W. and M. Company, a corporation. ' ' In witness whereof I have hereunto set my hand and affixed the seal of said corporation this seventeenth day of May, 1917. K. L., Secretary S. U. W. & M. Company. NOTE.— California, Code Civ. Proc, sees. 1227-1234. No. 1335. Decree of Dissolution. [Title of Couri; and Cause.] The voluntary application for dissolution of the company, a do- mestic corporation, coming on regularly this day for hearing and de- termination, the court finds: 1. On , 191 — , in accordance with the order of the judge of this court, the said company filed with the clerk of said court its application for its dissolution as a corporation. 2. In accordance with the order of the judge of this court, the clerk of said court has given thirty days' notice of said application for dis- solution, by publication in the , a newspaper of general circulation printed and published in said county of , which thirty days' no- tice, with said publication thereof, was completed and expired on , 191—. 3. No objection to said application for dissolution has at any time been filed herein. 4. All allegations and statements in said application for dissolution made are true, and to this court, by the evidence introduced herein, have been shown so to be. Wlicrefore it is ordered, adjudged, and decreed that said corporation, the company, be, and the same hereby is, and is declared to be, dissolved. Done in open court this day of , 191 — . , Judge of said Court. NOTE.— California, Code Civ. Proc, sec. 12.32. Forms 1336, 1337 Cowdery's Form Book. 496 No. 1336. Order Fixing Time and Place of Hearing, and for Publi- cation of Notice of Application for Dissolution. [Title of Court and Cause.] On reading the petition of the company for disincorporation of said company, and the court being satisfied that said petition is in conformity with the statute, : Now, on the motion of , attorney for said petitioners, it is or- dered that said petition be filed with the clerk of this court, and that , the day of , 191 — , at the opening of the court on that day, or as soon thereafter as counsel can be heard, at the courtroom of tliis eoiirt, in the of tlie county of , state of , be, and the same are, hereby fixed as the time and place for the hearing of said petition, and the clerk is directed to cause publication thereof, and of the nature of the application in said petition made, to be published days preceding said date in the , a newspaper of general circulation published in said county. Dated , 191—. — — , Judge. -'o'- NOTE.— California, Code Civ. Proc, sec. 1230; Idaho, Egt. Codes 1907, sees. 5186-5191; Montana, Rev. Codes 1907, sees. 3905-390S; Nevada, E^v. Laws 1912, sees. 1239, 1240; New Mexico, Stats. Ann. 1915, sees. 954-976; North Dakota, Comp. Laws 1913, sec. 4565; Oregon, Lord's Oregon Laws, sec. 6701; South Dakota, Comp. Laws 1913, sees. 446-450; Utah, Comp. Laws 1907, sees. 3661-3667; Washington, Rem. Code, sees. 3707, 3708; Wyoming, Comp. Stats. 1910, sees. 5094-5096. No. 1337. Notice of Application to Disincorporate. [Title of Court and Cause.] Notice is hereby given that the company, a corporation formed under the laws of the state of , has presented to the court of the county of , a petition praying to be allowed to disincorporate and dissolve ; and that , tlie day of , 191^ — -, at o 'clock in the forenoon, has been appointed as tlie time, and the courtroom of the court in and for the county of as the place, at which the said application is to be heard. In witness whereof I have hereunto set my hand and affixed the seal of the court aforesaid this day of , 191 — , [Seal] , Clerk. , Attorney for Petitioners. By , Deputy Clerk. NOTE.— Arizona, Rev. Stats. (Civ. Code 1913), sec. 2107; California, Code Civ. Proc., sees. 1230-1232; Idaho, Rev. Codes 1907, sees. 5186-5191; Montana, Rev. Codes 1907, sees. 3905-3908; Nevada, Rev. Laws 1912, sees. 1239-1240; New Mexico, Stats. Ann. 1915, sees. 954-976; North Dakota, Comp. Laws 1913, sec. 4565; Oregon, Lord's Oregon Laws, see. 6701; South Dakota, Comp. Laws 1913, sees. 446-450; Utah, Comp. Laws 1907, sees. 3661-3667; Washington, Rem. Code, sees. 3707, 3708; Wyoming, Comp. Stats. 1910, sees. 5094-5096. 497 Corporations. Forms 1338-1340 No. 1338. Notice of Annual Meeting of Railroad Company. Tlie annual meeting of the stockholders of this company will be held on the 11th day of July, 1917, at 3 o'clock in the afternoon, at the office of the company, 659 Mills Building, San Francisco, California, for the purpose of electing a board of directors, receiving and acting upon the reports of the officers, and for the transaction of such other business as may propei-ly come before the meeting. In accordance with the laws of the state of California, no stock can be voted on which has been transferred on the books of the company within twenty days next preceding this election. Dated June 7, 1917. A. B., Secretary. No. 1339, Notice of Stockholders' Meeting to Increase Capital. Notice is hereby given that, in pursuance of a resolution and order of the board of directors of the Western Lamp Company, a corporation, organized and existing under the laws of the state of California, duly, regularly and unanimously adopted at a regular meeting of said board duly held on the twenty-first day of May, 1917, at the office of said cor- poration, in the city and county of San Francisco, state of California, a meeting of the stockholders of said corporation is hereby called for and will be held at the office of said corporation at the principal place of business of said corporation, being what is known as and numbered 962 Mission street, in the said city and county of San Francisco (said place of meeting being at the principal place of business of said corpora- tion and at the building where the said board of directors usually meet) on Monday, the twenty-third day of July, 1917, at one o'clock in the afternoon of tliat day, for the purpose of considering and acting upon the proposition to increase the capital stock of said corporation from fifty thousand dollars, divided into five hundred shares of the par value of one hundred dollars each, to one hundred thousand dollars divided into one thousand shares of the par value of one hundred dollars each. The amount to which it is proposed to increase the capital stock of said company is one hundred thousand dollars. By order of the board of directors of the Western Lamp Company. Dated, May 21, 1917. [Corporate seal] A. B. C, As Secretary of Western Lamp Company. No. 1340. Notice of Special Meeting of Stockholders to Create Bonded Indebtedness. Notice is hereby given that in pursuance of a resolution of the board of directors of the company, a corporation organized and existing under the laws of the state of ,. adopted at a special meeting of said Form Book — 32 Forms 1341, 1342 Cowdery's Form Book. 498 board, duly held on the day of , 191— at the office of said corporation, in the county of , state of , a meeting of the stock- holders of said corporation is hereby called, and will be held at the office of said corporation, at , county of , state of (said place of meeting being at the principal place of business of said corporation, and at the room and building where the board of directors tliereof usually meet), on , the day of , 191—, at o'clock A. M., on that day, for the purpose of considering and acting upon tlie proposition of originally creating a bonded indebtedness of the said corporation to the amount of dollars ($ ), gold coin of the United States: and for the purpose of transacting such other and further business as may properly come before said meeting. [Signature.] No. 1341. Affidavit of Chairman as to Incorporation of Joint Stock Company or Association — Colorado. State of , County of , ss. I do solemnly swear that at a meeting of the members of the held at , in the county of , and state of , on the day of , 191 — , for that purpose, the following persons, namely, , and ^ and , were elected trustees ; that at such meeting such society, church, or congregation adopted as its corporate name ; that the amount of the capital stock of such society, church, or congregation is dollars ($— — ), divided into shares of dollars ($ ) each; and that at such meeting this affiant acted as chairman. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — Colorado, Mill's Ann. Stats. 1912, sec. 1155. The chairman or secretary of such meeting shall, as soon as may be after such meeting, make, and file in the office of the recorder of deeds in the county in which such congregation, church, or society is organized, the affidavit sub- stantially as given. Such affidavit, or a copy thereof, duly certified by the re- corder, or other authorized officer, shall be received as evidence of the due incor- poration of such society, church, or congregation. No. 1342. Affidavit Constituting Articles of Incorporation of Church or Society — Utah. State of , County of I do solemnly swear that at a meeting of the members of [insert the name of the church or society as known before incorporation], re- siding in [insert the jurisdictional limits of the proposed corpora- tion], held at , in the county of , state of , upon notice to the incorporators by [insert a precise statement of the notice given, which in all cases shall be for not less than fifteen days, or other time 499 Corporations. Form 1313 fixed by statute, and in case of societies not previously existing shall be by notice stating the time, place, and object of said meeting, publislied in some newspaper having a general circulation within the proposed jurisdiction of the corporation, and by notices posted upon the door of each of tlie usual plar-cs of meeting, if any, of the society, or as may be otherwise prescribed by statute], it was decided by a majority vote of the members present at said meeting to incorporate said society within said limits into a corporation, with such riglits and obligations as may be prescribed by law, to be known as [name of proposed corpora- tion] ; to exist for years from the date of incorporation; for the purpose of ; with principal office at ; with a board of trustees [and vestrymen, wardens, directors, or such other officers as may be decided upon, not less than three nor more than twenty-five in number], consisting of members, of whom shall form a quorum, to be elected in the following manner: , and to qualify b.y each giving bonds to the corporation, to be filed with the secretary thereof, in the sum of dollars ($ ) ; and [insert the names of the officers for the first term, the method of adopting and amending by-laws, and of receiving and removing members, with such additional clauses conformable to law as the incorporators may deem necessary or desir- able] . [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— Utah, Comp. Laws 1907, sec. 343. No. 1343. Complaint of Corporation for Subscription, [Title of Cause.] The plaintiff complains, and alleges: 1. [Aver incorporation.] 2. That, in contemplation of the incorporation of this plaintiff, and for the purpose of constructing, owning, and maintaining the toll-road then contemplated, the defendant, with others, on the day of , 191 — , at , became a subscriber to the stock of the said company, by severally signing and delivering an agi-eement in writing, of which the following is a copy: . 3. That, among other persons, the defendant signed and executed said agreement, and set opposite to his name the sum of dollars ($ ), which he thereby agreed to pay to said company. 4. That after the defendant had thus subscribed, and on or about the day of , 191 — , he subscribed to the articles of association of said company his name and his place of residence, to wit, , of , and the number of sliaros of stock taken by him, to wit. two shares, amounting to dollars ($ ), the shares of stock being dollars ($ — — ) each. Forms 1344-1358 Cowdery's Form Book. 500 5. That the plaintiff, by its directors, on the day of , 191 — , at , tendered to defendant the shares of stock so subscribed for by him, and demanded the defendant to pay thereon the sum of dol- lars ($ ), agreeable to said subscription and the charter and by-laws of the company. 6. That the plaintiff has performed all the conditions thereof on its part. 7. That the defendant has not paid the said subscription, nor any part thereof. Wherefore [etc.], [Signature.] No. 1344. Answer Denying Subscription for Stock. [Title of Cause.] The defendant answers to the complaint, and alleges: That he never subscribed for any stock of the corporation mentioned in the complaint, and never became a stockholder in, or the holder or owner of any stock of, the said corporation in his own right or in trust for others. [Signature.] [Verification.] COSTS. 1358. Memorandum of costs. 1359. Cost bill in justice's court. 3 360. Bond for costs by nonresident — Colorado. 1361. Affidavit of inability to give security for costs — Kansas. 1362. Nonresident's cost bond or undertaking — Justice's Court — ^Colorado. 1363. Bond for costs — Justice's court — Oklahoma. 1364. Nonresident's cost bond or undertaking — Justice's court — Oregon. No. 1358. Memorandum of Costs. [Title of Court and Cause.] Disbursements. Sheriff's fees, to service of summons $ 1 25 Clerk's fees, to commencing suit and entering up judgment 11 00 Witness' fees, to wit, J. S., one day ^ 2 00 Verification to complaint 50 Total $14 75 State of California, City and County of San Francisco, — ss. J. C. B., being duly sworn, says: That he is the attorney for the plain- tiff in the above-entitled action, and, as such, is better informed relative to tlie above costs and disbursements tlian tlie said plaintiff. That, to the best of this affiant's knowledge and belief, the items in the above 501 Costs. Forms 1359, 1360 memorandum contained are correct, and that the said disljursements have been necessarily incurred in the said action. [Signature.] NOTE. — The party recovering judgment, who claims costs, must deliver to the clerk, and serve upon the adverse party, within five days after the verdict or notice of the decision — or, if the entry of the judgment on the verdict or de- cision be stayed, then before such entry is made — a memorandum of the iterns of his costs, verified by the oath of the party, or agent, or by the clerk of his attorney, or by his attorney, stating that to the best of his knowledge and belief, the items are correct, and that the disbursements have been necessarily incurred in thjB action. A party dissatisfied may, within five days after notice of filing of the bill, move to have the same taxed by the court, or by the judge thereof at chambers: Alaska, Comp. Laws 1913, sees. 1341-1360; Arizona, Kev. Stats. (Civ. Code 1913), sees. 627-642; California, Code Civ. Proc, sec. 1033; Idaho, Eev. Codes 1907, sec. 4912; Montana, Rev. Codes 1907, sees. 7154-7199; Nevada, Rev. Laws 1912, sees. 5376-5393; Utah, Comp. Lawfl 1907, sees. 3338-3357; Washington, Rem. Code, sees. 474-497. No. 1359. Cost Bill in Justice's Court. [Title of Court and Cause.] Disbursements. Constable's fees, serving process $ . — . Justice 's fees • — • Jurors ' fees, one day . — . Witnesses fees, as follows: , one day . — • • , one day • — • , one day • — • NOTE. — In California, it appears to be unnecessary to file a cost bill in a justice's court. It is frequently done, however, by the best practitioners: See Cal. Code Civ. Proc, sees. 896, 924, 925. No. 1360. Bond for Costs by Nonresident— Colorado. [Title of Court and Cause.] I do hereby enter myself security for the costs in this case, and acknowledge myself bound to pay, or cause to be paid, all costs which may accrue in this action, either to the opposite party or to any of the officers of this court pursuant to the laws of this state. Dated this day of , 191—. [Signature.] NOTE.— Colorado, Mill's Ann. Stats. 1912, sees. 1167-1192. Forms 1361-1364 Cowdeby's Form Book. 502 No. 1361. AflSdavit of Inability to Give Security for Costs — Kansas. In the Coui-t of Said County. State of , County of . I do solemnly swear that the cause of action set forth in the petition hereto prefixed is just; and I do further swear that, by reason of my poverty, I am unable to give security for costs. [Signature.] NOTE.— Kansas, Gen. Stats. 1915, sec. 7510; Oklahoma, Harris & Day's Code 1910, sees. 5222, 5223. No. 1362. Nonresident's Cost Bond or Undertaking — Justice's Court — Colorado. [Title of Court and Cause.] State of , County of , 88. Demand, $ . I, , do enter myself security for all costs that may accrue in the above case, this day of , 191 — . [Signature and seal.] No. 1363. Bond for Costs — Justice's Court — Oklahoma. We, as principal, and , as surety, bind ourselves to pay all costs in this cause if the defendant is acquitted. [Signatures.] Signed this day of , 191 — . NOTE'.— Oklahoma, Harris & Day's Code 1910, sees. 5222, 5223. The surety must qualify before the bond is approved. No 1364. Nonresident's Cost Bond or Undertaking — Justice's Court — Oregon. [Title of Court and Cause.] State of , County of , ss. I, , undertake to pay , the defendant in this action, all dis- bursements that may be adjudged to him in this action. [Signature.] [Justification of sureties.] NOTE. — Alaska, Comp. Laws 1913, sees. 1784, 1785; Oklahoma, Harris & Day's Code 1910, sec. 5519; Oregon, Lord's Oregon Laws, sec. 2422. Each surety must be a resident and householder or freeholder within the state, and must, if required by defendant, justify in a sum not less than fifty (50) dollars, or as otherwise fixed by statute. A deposit, however, may be given in lieu of an undertaking. 503 Covenants — Creditoks' Claims. COVENANTS. Covenant as to Encroaching Building, No. 1470. Covenant as to Holding Over, No. 2414. Covenant Excepting Eight of Way, No. 2415. Covenant Excepting Timber, etc., on Premises, No. 2416. Covenant Excepting Waterway, No. 2417. Covenant for Private Alley in Deed to Undivided Half, No. 1471. Covenant for Quiet Enjoyment, No. 2433. Covenant not to Assign, Underlet, Alter or Improve Without License from Lessor, No. 2420. Covenant not to Carry on Noxious or Offensive Trade, nor Permit It to be Done, No. 2422. Covenant not to Lop Trees, etc., No. 2421. Covenant not to Sue, No. 1193, Covenant not to Obstruct View, No. 1472. Covenant That Landlord may Enter to Inspect Premises, etc., No. 2424. Covenant That Landlord may Enter to Make Inventory, etc., No. 2425. Covenant That Lessee may Deduct Taxes and Charges of Repairs Out of Rent, No. 2418. Covenant That Lessee may Quit, No. 2434. Covenant to Deliver Possession, No. 2426. Covenant to Erect Brick Buildings, No. 2427. Covenant to Expend a Stated Sum, in a Given Time, for Repairs, No. 2423. Covenant to Insure, No. 2428. Covenant to Occupy Premises, No. 2429. Covenant to Pay Rent, No. 2411, Covenant to Pay Taxes, No. 2412, Covenant to Renew Lease, No. 2419. Covenant to Repair, No. 2413. Covenant to Repair After Notice, No. 2430. Covenant to Repair, Lessor Finding Materials, No. 2431. Covenant to Restore Personal Property, No. 2432. Covenant to Sell Inheritance to Lessee upon Request, No. 2433. CREDITORS' CLAIMS. 1385. Creditor's claim. 1336. Affidavit to creditor's claim. 1387. Affidavit to creditor's claim of corporation or partnership. 1388. Affidavit where creditor had no notice by reason ol absence fron* the state. 1389. Agreement for reference of claim. 1390. Order referring claim to referee. 1391. Report of referee on creditor's claim. 1392. Notary's certificate of presentation of creditor's claim. 1393. Statement of claims presented. 1394. Order allowing presentation of creditor's claim. 1395. Affidavit to creditor's claim by personal representative of claimant. 1396. Creditor's claim — Contingent. 1397. Creditor's claim by executor. 1398. Creditor's claim — Appointment of attorney to defend action by ex- ecutor. 1399. Creditor's claim — Not due. 1400. Creditor's claim where action pending. 1401. Creditor's claim on judgment. 14C2. Creditor's claim on lost prrniissory note. 1403. Creditor's claim — Demand for vouchers by executor. 1404, Order for deposit where claimant cannot be found. Cowdery's Form Book. 504 inteoductoey note. In California, every claim which is due, when presented to the executor or administrator, or filed with the clerk of the court, must be supported by the affidavit of the claimant, or someone in his behalf, that the amount is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant. If the claim be not due when presented, or be contingent, the particulars of such claim must be stated. When the affidavit is made by a person other than the claimant he must set forth the reason why it is not made by the claimant. The executor or administrator may also require satisfactory vouchers in support of the claim: Code Civ. Proc, sec. 1494. When a claim is presented to the executor or administrator, he must indorse thereon his allowance or rejection with the day and date thereof. If he allow the claim it must be presented to a judge of the superior court [to whom the proceeding has been assigned] for his approval, who must in the same manner indorse upon it his allowance or rejection. If the executor or administrator, or the judge, refuse or neglect to indorse such allowance or rejection for ten days after the claim has been presented to him, such refusal or neglect may, at the option of the claimant, be deemed equivalent to a rejection on the tenth day; and if the presentation be made by a notary, the certificate of such notary under seal shall be prima facie evidence of such presentation and the date thereof. If the claim be presented to the executor or administrator before the ex- piration of the time limited for the presentation of claims, the same is presented in time, though acted upon by the executor or adminis- trator and by the judge, after the expiration of such time: Code Civ. Proc, sec. 1496. Every claim allowed by the executor or administrator, and ap- proved by a judge of the superior court, or a copy thereof, as here- inafter provided, must, M'ithin thirty days thereafter, be filed in the court, and be ranked among the acknowledged debts of the estate, to be paid in due course of administration. If the claim be founded on a bond, bill, note, or any other instrument, a copy of such instrument must accompany the claim, and the original instrument must be exhibited, if demanded, unless it be lost or destroyed, in which case the claimant must accompany his claim by his affidavit, containing a copy or particular description of such instrument, and stating its loss or destruction. If the claim, or any part thereof, be secured by a mortgage, or other lien which has been recorded in the office of the recorder of the county in which the land affected by it lies, it shall be sufficient to describe 505 Creditors' Claims. Form 1385 the mortgage or lien, and refer to the date, volume, and page of its record. If, in any case, the claimant has left any original voucher in the hands of the executor or administrator, or suffered the same to be filed in court, he may withdraw the same when a copy thereof has been already, or is then, attached to his claim. A brief description of every claim filed must be entered by the clerk in the register, showing the name of the claimant, the amount and character of the claim, rate of interest, and date of allowance : Cal. Code Civ. Proc, sec. 1497. NOTE. — Alaska, Comp. Laws 1915, sees. 1652-1661; Arizona, Rev. Stats. (Civ. Code 1913), sees. 879-903; California, Code Civ. Proc, sees. 1494-1563; Colorado, Mill's Ann. Stats. 1912, sees. 7995-8018; Hawaii, Rev. Code 1915, see. 2493 et seq.; Idaho, Rev. Codes 1907, sees. 5463-5483; Kansas. Gen. Stats. 1915, sec. 4564 et seq.; Montana, Rev. Codes 1907, sees. 7522-7545; Nebraska, Rev. Code 1913, sec. 1382 et seq.; Nevada, Rev. Laws 1912, sees. 5964-5973; New Mexico, Stats. Ann. 1915, sees. 2274-2286; North Dakota, Comp. Laws 1913, sees. 8734-8751; Oklahoma, Harris & Day's Code 1910, sec. 6336 et seq.; Oregon, Lord's Oregon Laws, sees. 1238-1247; South Dakota, Comp. Laws 1913, sec. 5787 et seq.; Utah, Comp. Laws 1907, sees. 3848-3876; Washington, Rem. Code, sees. 1470-1490; Wyoming, Comp. Stats. 1910, sees. 5595-5601. No. 1385. Creditor's Claim. [Title of Court and Estate.] The undersigned, a creditor of T. J., deceased, presents his claim against the estate of said deceased, for approval, as follows, to wit: Estate of T. J., Deceased, To J. S., Dr. To principal of promissory note, dated May 5, 1917, hereto attached $1,000 00 To interest on same, from May 5, 1917, at two per cent per monthj to this date 30 00 $1,030 00 [Signature.] [Copy of Promissory Note Attached.] $1,000. San Francisco, May 5, 1917. Thirty days after date, I promise to pay to J. S., or order, the sum of one thousand dollars, with interest at the rate of two per cent per month, for value received. T. J. [If the claim is founded on a recorded mortgage the practice is to describe the note and mortgage and then attach a copy of them as an exhibit, as follows: The said mortgage was duly acknowled.ercd so as to entitle it to be recorded, and it was on the 3d day of May, 1917, duly recorded, in the office of the county recorder of Fresno county. Cali- fornia, in book "A" of Mortgages, at page 137 et seq., a copy of which note and mortgage, with all indorsements thereon, is hereto attached and made a part of this instrument and marked Exhibit "A."] Forms 1386, 1387 Cowdery's Form Book. 506 No. 1386. Affidavit to Creditor's Claim. [Title of Court and Estate.] State of California, County of Butte, — ss. J. B., being duly sworn, says that he is the J. B. in the aforesaid claim mentioned. That he knows the contents of said claim and it is true. That the amount of said claim, to wit, $10,000, is justly due claimant; that no payments have been made thereon [which are not credited] ; and there are no offsets to the same to the knowledge of said affiant. [Signature.] Subscribed and sworn to [etc.]. NOTE.— California, Code Civ. Proc, sees. 1494. 1.563. No. 1387. Affidavit to Creditor's Claim of Corporation or Partnership. [Title of Court and Estate.] State of California, County of Napa, — ss. J. L., being first duly sworn, deposes and says: That [the corporation or partnership] whose foregoing claim is herewith presented to tlie [executor or administrator of said deceased, is a [firm or corporation as the case may be; insert names of individuals composing: copartner- ship; if a corporation, so state, giving name of state in which same was organized] ; corporation organized under the lav.'s of tlie state of Cali- fornia, or is a partnership, etc.] ; that affiant is [state fully capacity in which affiant acts. If a member of a firm, say so ; if a managing agent, state why it is not sworn to by one of the principals ; if an officer of a corporation, state what officer; if an individual claimant, so state] ; [the president, secretary, or a member of said partnership], and knows of his own knowledge all the facts of said claim, or he makes this affi- davit on behalf of said J. L., who is absent from the state, affiant know- ing all the facts of said claim [or any other good reason] and for that reason he makes this affidavit on behalf of said [firm or corporation] ; [corporation, etc.]. That the amount of said claim, to wit, the sum of [one thousand dollars], is justly due to the said claimant, that no pay- ments have been made thereon which are not credited, and that there are no offsets to the same to the knowledge of said affiant. [Signature.] Subscribed and sworn to [etc.]. NOTE.— California, Code Civ. Proe., 1494-1503. 507 Creditors' Claims. Forms 1388-1390 No. 1388. Affidavit ^mierc Creditor Had No Notice by Reason of Absence from the State. [Title of Court and Estate.] State of California, County of Butte, — ss. J. S., being first duly sworn, deposes and says: That he, whose fore- going claim is herewith presented to the executor of said deceased, is a resident of the city of Rochester, state of New York; or, that affiant is. That he had no notice of the death of said deceased until more than one year from the date of the first publication of notice to creditors in this estate by reason of affiant being all said time of publication out of tliis state and in tlie state of New York. That decree of distribution lias not been entered in said estate, and for that reason he makes this affidavit. That the amount of said claim, to wit, the sum of one thousand dollars, is justly due to the said claimant; that no payments have been made thereon which are not credited ; and that there are no offsets to the same to the knowledge of said affiant. [Signature.] Subscribed and sworn to [etc.]. NOTE.— California, Code Civ. Proc, sec. 1493. No. 1389. Agreement for Reference of Claim. [Title of Court and Cause.] Whereas, the undersigned administrator of said estate doubts the correctness of the claim of J. B. for $1,372.25, presented as a claim against said estate on June 9, 1917; now it is agreed that said matter in dispute, the claim aforesaid, may be referred to H. S., Esq. [the judge of said court approving], for investigation and a report either allowing or rejecting said claim, or any part thereof if said claim is incorrect. Dated . [Signature.] NOTE. — If the executor or administrator doubts the correctness of any claim, he may agree in writing with the claimant to refer the matter to some disinterested person, to be approved by the court. Upon filing the agreement and approval in the office of the clerk, the clerk enters a minute of the order referring the matter to the person selected or, if the parties consent, a refer- ence may be had in the court; and the report of the referee, if confirmed, establishes or rejects the claim the same as if it had been allowed or rejected by the executor, or administrator and judge; California, Code Civ. Proc, sees. 1507, 1508. No. 1390. Order Referring Claim to Referee. [Title of Court and Estate.] The administrator of said estate, and J. B., who has presented a claim against said estate, having agreed that the matter of liability of said estate for said claim be referred to H. 8. for iuvestigation, it is ordered Forms 1391-1393 Cowdery's Form Book. 508 that said matter be referred to the said H. S., for investigation and report. , Judge. Dated . NOTE.— California, Code Civ. Proc, sec. 1636. No. 1391. Report of Referee on Creditor's Claim. [Title of Court and Estate.] To the Honorable, the Judge of the Superior Court of the County of Nevada : The undersigned, referee, to whom was referred a controversy be- tween A. B., the administrator of the above-entitled estate, and C. D., a creditor thereof to take evidence and report upon the facts respecting the liability of said estate in respect to said claim, begs leave to report that he has performed that duty, and he finds, as a matter of fact, that said deceased and said C. D. made the contract in words and figures as is in said claim stated. That all the matters stated in said claiiu and in the verification thereof are true. [Signature.] Dated . NOTE.— California, Code Civ. Proc, sec. 1507. No. 1392. Notary's Certificate of Presentation of Creditor's Claim. [Title of Court and Estate.] I, J. V. M., a notary public, in and for the city and county of San Francisco, state of California, hereby certify that on the fifth flay of May, 1917, at said city and county, I presented the claim of A. B. against the estate of C. L., deceased, to E. F., exectuor of said estate, at the place stated in the notice to creditors published in said estate. That the said executor then and there took said claim into liis posses- sion from my hands, read the same and retained said possession. T further certify that before presenting said claim I made a correct copy thereof, and said copy is attached to this certificate and made a part of this certificate. [Any other facts may be stated, such as destruction of the claim by the executor, or refusal to receive it, or receiving it and returning it to the notary.] , Notary Public. In witness whereof [etc.]. NOTE.— California, Code Civ. Proc, sec. 1496. No. 1393. Statement of Claims Presented. [Title of Court and Estate.] The undersigned, administratrix of the estate of T. J., deceased, re- turns to said court the following statement of all claims against the 509 Creditors' Claims. Forms 1394, 1395 said estate which have been presented to her since the. eighteenth day of May, 1917, bein'.r the date of the first publication of notice to creditors [or, if the statement be not the first returned, then say, bcin^j: the date of the return of the last statement], in which statement are designated the names of the creditors, the nature of each claim, when it became due, or will become due, and whether it was allowed or rejected by said administratrix. Name of creditor. Nature of claim. When due. Allowed or rejected. Amt. J. s., 1 G. T., Dr. C. G. B., A. P. D. P. B., Promissory note. Money loaned. And horse sold, Funeral expenses, Expenses of last sickness. Balance of account, Legal service, June 5, 1917 April 1, 1917 April 29, 1917 May 19, 1917 May 18, 1917 March 3, 1917 Januarys, 1917 Allowed Allowed Allowed Allowed Allowed Rejected $1,500 200 250 500 100 $2,550 Dated [Signature.] No. 1394. Order Allowing Presentation of Creditor's Claim. [Title of Court and Estate.] It appearing to the court that J. S. had no notice of the death of said deceased, or of the order of publication of notice to creditors, or of publication of notice to creditors herein until after the time had ex- pired to present claims [with r.n exception, if any], and the decree of distribution in said estate not having been entered, it is ordered that the said claim may be presented to the executor of said estate with the same effect as if it had been presented before tlie time liad expired for the presentation of claims. NOTE. — In California, all claims arising upon contracts, whether the same be due, not due, or contingent, must be presented within the time limited in the notice, and any claim not so presented is barred forever; provided, however, that when it is made to appear by the affidavit of the claimant, to the satisfac- tion of the court, or a judge thereof, that the claimant had no notice [of the time in which to present his claim] by reason of being out of the state, it may be presented at any time before a decree of distribution is entered : Cal. Code Civ. Proc, see. 1493. No. 1395. Affidavit to Creditor's Claim by Personal Representative of Claimant. State of California, County of Colusa, — -ss. Sebia Davis, being first duly sworn, deposes and says that she is the executrix of the estate of Howell Davis, deceased, whose foregoing claim Form 1396 Cowdery's Form Book. 610 is herewith presented to the administrator of the estate of R. S. Brown- ing, deceased; and Sebia Davis, being duly sworn, says that the amount thereof, to wit, the si;m of fifteen hundred and four and forty-seven one-hundredths dollars, is justly due to the said Sebia Davis, as execu- trix of the estate of Howell Davis, deceased ; that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of said claimant; that the reason said affiant makes this affidavit is that said Howell Davis is dead, and she is executrix of said estate of Howell Davis, deceased. Sebia Davis. Subscribed and sworn to before me this twenty-fifth day of June, A. D. 1888. S. M. Bishop, County Clerk. By S. S. Russell, Deputy. NOTE.— Precedent in Davis v. Browning, 91 Cal. 604, 27 Pac. 937. No. 1396. Creditor's Claim — Contingent. [Title of Court and Estate.] The undersigned, a creditor of T. J., deceased, presents his claim against the estate of said deceased, for approval as follows, to wit : On June 1, 1917, the undersigned and said deceased entered into an agreement in writing, as follows: The undersigned conveyed to said deceased the north half of section six, township eight, range twelve east, M. D. B. & M., for eight dollars per acre, paid by deceased at the date of said conveyance. At the same time, and as part of said contract of conveyance, said deceased and the undersigned agreed that if during a period of four years from the date of said deed said tract of land should, with proper cultivation, net de- ceased a profit of forty dollars an acre, average for said term of four years, then at the expiration of said term deceased agreed to pay the undersigned ten dollars an acre for each acre contained in said tract. A copy of said conveyance and contract is hereto attached and referred to and made a part hereof and marked Exhibit "A." J. S. State of California, County of , ss, J. S., whose foregoing claim is herewith presented to the administrator of said deceased, being duij' sworn, says that the amount thereof, , is justly to become due to said claimant according to the obligation de- scribed in the foregoing claim; tliat no pa^mients have been made there- on Avhich are not credited, and that there are no offsets to the same, to the knowledge of said claimant. J. S. Subscribed and sworn to before me this day of , 191—. , Notary Public. NOTE.— California, Code Civ. Proc, sec. 1648. 511 Creditors' Claims. Form 1397 No. 1397. Creditor's Claim by Executor. [Title of Court and Estate.] The undersigned, a creditor of S. D., deceased, and the executor of his will, presents his claim against the estate of said deceased, for approval, as follows: On January 14, 1912, said deceased signed and delivered to claimant a written appointment constituting him, said D., attorney in fact, with power to collect and receive all moneys that then or thereafter became due to him, said D., and to receipt for the same; to purchase lands in his, said D.'s, name, and to mortgage all or any of his, said D.'s, lands upon such terms as he, said claimant, thought fit, and to buy and sell or mortgage all his, said D.'s, "things in action," and also in his name "to make, do and transact all and every kind of busi- ness of what nature and kind soever," and also for him, said D., to sign, acknowledge and deliver such bonds, deeds, notes, evidences of debt, releases and satisfactions as he, said claimant, might think necessary. When said writing was executed said D.'s health was bad, and from then to April 5, 1914, when he died, he gradually declined and was, at one time, about two months away from his office and frequently absent from the city of San Francisco, where he resided. Said power was never revoked, and at his request claimant attended to all deceased's business, when he was absent, or unable because of his sickness, to at- tend to it, and he assisted him in conducting his business when he was present and kept a general lookout for his business. During all of said time claimant had the combination to the office and safe deposit safes where all deceased's money and securities were kept, and during his last sickness claimant had the exclusive possession and management of all of his property under said power. That the negotiable securities and money of deceased's that claimant was intrusted with and respon- sible for under said power, was of the value every day, during all said time of about $1,200,000. That said services were reasonably worth $250 a month during all the time from January 14, 1912, until April 4, 1914. The original power hereinabove referred to is hereunto annexed and made a part hereof. Wherefore, claimant presents this his said claim for $6,625. [Signature.] NOTE. — In this class of demands, if the judge rejects the claim, action thereon may be had against the estate. The summons is served on the judge, who may appoint an attorney, at the expense of the estate, to defend the action. If the executor does not recover he must pay costs and attorneys' fees, to be fixed by the court: Code Civ. Proc, sec. 1510. If he recovers judgment it is only prima facie a debt against the estate which may be shown by parol testi- mony to have been not authorized by either law, or facts, or both. Tbi^ is true of all claims, and all judgments recovered on rejected claims by either a judge or administrator, or both: Estate of Moore, 121 Cal. 63ti, 54 Pac. 148. Forms 1398, 1399 Cowdery's Form Book. 512 No. 1398. Creditor's Claim — Appointment of Attorney to Defend Action by Executor. [Title of Court and Estate.] The claim of J. C. R., executor of the will of S. D., deceased, having been rejected by the judge of said court, and action thereon havinu' been commenced against said estate, and summons having on the third day of June, 1917, been served upon the said judge, it is ordered that C. D., an attorney at law, be, and he is, appointed to defend said action at the expense of said estate. f Judge. NOTE. — California, Code Civ. Proc, sec. 1510. No. 1399. Creditor's Claim— Not Due. [Title of Court and Estate.] The undersigned, a creditor of T, J., deceased, presents his claim against the estate of said deceased for approval, to wit: Estate of T. J., Deceased. To J. S., Dr. To principal of promissory note, dated May 5, 1917, hereto attached $1,000 00 To interest on same, from May 5, 1917, at two per cent per month to this date [which note is in the words and figures as follows] 30 00 $1,030 00 $1^000. San Francisco, May 5, 1917. Three years after date, I promise to pay to J. S., or order, the sum of one thousand dollars, with interest at the rate of two per cent per month, for value received. T. J. State of California, City and County of San Francisco, — ss. J. S., whose foregoing claim is herewith presented to the adminis- tratrix of the estate of said deceased, being duly sworn, says that the amount thereof, to wit, the sum of one thousand dollars, with accruing interest at the rate of two per cent per month, on the sum of one thou- sand dollars, is justly due to said claimant, but is not payable until the expiration of three years from May 5, 1917 ; that no payments Imve been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of said claimant. [Signature.] Subscribed and sworn to [etc.]. NOTE. — California, Code Civ. Proc. sec. 1648. 513 Creditors' Claims. Forms 1400-1102 No. 1400. Creditor's Claim Where Action Pending. [Title of Court and Estate.] J. B. presents this claim against the estate of J. S., deceased, as follows : That at the time of the death of said J. S. an action was pending, brought by this affiant against said deceased in tlie superior court of the city and county of San Francisco, to recover $1,000, money liad and received by the said J. S. for the benefit of this affiant. That said case was at issue at the time of the death of said decedent, and is now ready for trial in said court. Case No. 10,173. Department No. 12 of said court. [A copy of the complaint in said action ought to be set out in the claim. If not, then the facts upon which the claim is based must be inserted.] NOTE.— California, Code Civ. Proc, sec. 1502. No. 1401. Creditor's Claim on Judgment. [Title of Court and Estate.] The undersigned, A. S., a creditor of J. W., deceased, presents his claim against the estate of said deceased for approval, as follows, to wit: [Here insert a certified copy of the judgment in the action — not a copy of the docket, but the judgment, if under the practice one is made in the case.] NOTE. — A judgment against the decedent must be presented to the executor or administrator, like any other claim : California, Code Civ. Proc, sec. 1505. No. 1402. Creditor's Claim on Lost Promissory Note. [Title of Court and Estate.] The undersigned, a creditor of , deceased, presents his claim against the estate of said deceased for approval, to wit: To principal of promissory note, dated April 1, 1907 $500 00 To interest on same from April 1, 1907, to date, at one per cent per month 10 00 $510 00 The following is a copy of said note : $500. Fresno, Cal., April 1, 1917. One year after date, for value received, I promise to pay Stephen Sigler, or order, $500, with interest, at one per cent per month. On January 3, 1908, said note was in claimant's writing desk, in his residence at , California, and was there accidentally consumed by a fire on said day which destroyed said residence. [Signature.] Form Book — 33 Forms 1403, 1404 Cowdery's Form Book. 514 State of California, County of , ss. , being duly sworn, says that he is the who presents the aforesaid claim. Tliat said promissory note was destroyed as is slated in said claim. Tliat said claim contains a copy of the note destroyed as aforesaid. That all the particulars in said claim relating to the destruction of said note are true. That the amount of said claim is justly due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the claimant. Subscribed and sworn to before me this day of , 19 — . , Notary Public. NOTE.— California, Code Civ. Proc, sec. 1497. No. 1403. Creditor's Claim — Demand for Vouchers by Executor. [Title of Court and Estate.] To A. B., Claimant: You will please take notice that the undersigned, executor of the will of S. D., deceased, requires you to present to him at his place of business No. 73 Clay street, San Francisco, California, on or before June 3, 1917, the voucher [contract], upon which you base your claim against said estate for $3,127.50. Also to make proofs of said demand. Dated . [Signature.] NOTE. — The executor may require satisfactory vouchers, or proofs to be produced in support of the claim: Cal. Code Civ. Proc, sec. 1494. If such demand is made for vouchers and proofs within a reasonable time, to be stated in the demand, the claimant is bound to produce them. When thej are produced, if the administrator is in doubt, the matter may be referred to a referee. The findings of the referee, if approved by the court, are final: Code Civ. Proc, sec. 1508; but if the administrator does not demand vouchers and proofs rendered (Code Civ. Proc, sec. 1494), but rejects the claim, and if a judgment is recovered upon it, he is personally liable for costs, because he de- fended the case without just cause — that is to say, because he did not demand proofs: Code Civ. Proc, sec. 1509. No. 1404. Order for Deposit Where Claimant cannot be Found. [Title of Court and Estate.] It appearing to the court that A. B., presented his claim to the exec- utor of the last will of said deceased, which claim was allowed and approved by him and by this court, and it has not been paid, and said estate is ready to be closed, but cannot be because said claimant cannot be found : It is therefore ordered that the amount of said claim, includ- ing interest, is, at the date of this order, $1,972.55 in gold coin ; and said executor is ordered to deposit said amount with the county treas- 515 Crop i\IoKTGAGE — Decree. urer of the city and county of San Francisco, to the credit of the said CD. Dated , , Judge. NOTE. — Such order may be made nnder the circumstances set forth. If claimed, the deposit will be paid by the treasurer to the claimant within five years after such deposit. If not claimed within five years it escheats to the state: California, Code Civ. Proc, sec. 1514. CROP MORTGAGE. Crop Mortgage, No. 2718. DEATH. Notice of Death of Party, No. 2781. DECLARATION... Declaration of Homestead — By Husband, No. 2071. Declaration of Homestead by Wife on Her Separate Property, No. 2073 Declaration of Homestead by Husband on Wife's Separate Property, 5'0. 2074. Declaration of Homestead — By Unmarried Head of Family, No. 2075. Declaration of Homestead by Person not Head of Family, No. 2076. Declaration of Marriage Where There is no Eecord, No. 2601. Declaration of Trademark, No. 3640. DECREE. See Divorce; Judgments; Orders. Decree Determining Heirship of Intestate, No. 2059. Decree Empowering Married Woman to Become Sole Trader, No. 3372. Decree Establishing Heirship of Testate, No. 2060. Decree Establishing Notice to Creditors, No, 2803. Decree of Adoption, No. 255. Decree of Dissolution, No. 1335. Decree of Distribution to Foreign Executor, No. 1574. Decree of Final Discharge, No. 1847. Decree of Final Distribution, No. 1573. Decree of Foreclosure of Mortgage, No. 1957. Decree of Partition, No. 2866. Decree of Settlement of Account, No. 27. Decree of Settlement of Account and Final Distribution, No. 29. Decree of Settlement of Final Account, No. 28. Decree Setting Apart Homestead, No. 2992. Decree Showing Termination of Life Estate, No. 3631. Final Decree of Divorce, No. 1585. Cowdery's Form Book. 516 DEEDS. 1435. Code deed or "grant" deed. 1436. Tax deed. 1437. Deed — Bargain and sale. 1438. Deed from husband to wife. 1439. Deed of gift. 1440. Deed of guardian. 1441. Deed of mining claim. 1442. Deed to incorporate a mining company, 1443. Statutory deed — Washington. 1444. Deed by corporation. 1445. Deed by corporation — Another form. 1446. Deed of right of way. 1447. Quitclaim deed. 1448. Quitclaim deed — Another form. 1449. Warranty deed. 1450. Deed with warranty against acts of grantor. 1451. Deed of conveyance — Arizona. 1452. Quitclaim deed — Arizona. 1453. Warranty deed — Arizona. 1454. Quitclaim deed — Utah. 1455. Grant deed — South Dakota. 1456. Deed of trust to corporation as trustee. 1457. Deed of trust — Three parties — Single individual truatee- 1458. Deed of trust — Wyoming. 1459. Notice of trustee's sale under deed of trust. 1460. Reconveyance of trust premises. 1461. Trustee's deed — Wyoming. 1461a. Warranty deed, with usual common-law covenants. 1461b. Warranty deed — Oklahoma. 1461c. Warranty deed — Utah. 1452. Warranty deed — Washington. 1463. Warranty deed — Wyoming. 1464. Quitclaim deed — Washington. 1465. Quitclaim deed — Wyoming. 1466. Warranty deed, by attorney in fact, ^th usual covenants. ^ 1-167. Deed of administratrix. 1468. Sheriff's deed on execution. 1469. Sheriff's deed on foreclosure. 1470. Covenant as to encroaching building. 1471. Covenant for private alley in deed to undivided half. 1472. Covenant not to obstruct view. 1473. Complaint for breach of covenant against encumbrances. 1474. Complaint for breach of covenant of warranty. 1475. Answer denying breach of covenant. 1476. Complaint for breach of warranty of title to real property. 1477. Deed with building restrictions. 1478. Deed of trust to secure note issue. 1479. Deed of surface rights to mining property. 1479a. Deed by trustees of a corporation which has forfeited Its charter. 1480. Deed by grantor whose name has been changed. 1481. Deed for conveyance of real property— Colorado. 1432. Notice of trustees' sale of real estate at public auction. 517 Deeds. Forms 1435, 1436 No. 1435. Code Deed or "Grant" Deed. I, A. B., grant to C. D. all that real property situated in [insert name of county] county, state of California, bounded [or described] as follows: [Here insert description, or if the land sought to be con- veyed has a descriptive name, it may be described by the name, as, for instance, "The Norris Ranch."] Witness my hand this [insert day] day of [insert month], 19 — . "A. B." NOTE.— California, Civ. Code, sec. 1092. "Grant," Meaning of. — From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for him- self and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance: 1. That previous to the time of the execution of such conveyance, the grantor has not convoyed the same estate, or any right, title, or interest therein, to any person other than the grantee; 2. That such estate is at the time of the execution of such conveyance free from encumbrances done, made, or suffered by the grantor, or any person claiming under him. Such covenants may be sued upon in the same "manner as if they had been expressly inserted in the conveyance. No. 1436. Tax Deed. This indenture, made the day of , 19 — , between , tax collector of the coimty of , state of California, first party, and of the county of , state of , second party, Witnesseth : That whereas, the real property hereinafter described was duly sold and conveyed to the state of California for the nonpayment of taxes which had been legally levied and which were a lien upon said property under and in accordance with law; and Whereas, in conformity witli law the state of California, acting by and through , tax collector as aforesaid, did offer said property, hereinafter described, for sale at public auction to the highest bidder, at which sale said second party became the purchaser of the whole thereof for the sum of $ . Now, therefore, the said first party in consideration of the premises and in pursuance of the statute in such case made and provided, does hereby gi-ant to the said second party, his heirs and assigns, that cer- tain real property hereinbefore refei-red to, and situate in the county of , state of California, more particularly described as follows, to wit: [Description.] In witness whereof, said first party has hereunto set his hand the day and year first above written. , Tax Collector of the County of -. Forms 1437, 1438 Cowdery's Form Book. 518 No. 1437. Deed— Bargain and Sale. This indenture, made the fourteenth day of June, in the year 1917, between J. W. R., of the town of Snelling, county of Merced, state of California, the party of the first part, and J. D. W., of said town, the party of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of four hundred and fifty dollars, gold coin of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these pres- ents grant, bargain, sell, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain lot and parcel of land, situate in the said town of Snelling, in said county of Merced, state of California, and bounded and described as follows, to wit: [Description.] Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever. In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. [Signature.] No. 1438. Deed from Husband to Wife. This indenture, made this, etc., between A. B., of, etc., of the first part, and C. B., the wife of said A. B., of the second part, witnesseth: That the said party of the first part, for and in consideration of the love and affection which he bears toward his wife, the said C. B., and for the purpose of making her a gift [or, for the purpose of compen- sating certain advances and benefits of money and property which she brought to said party of the first part by or since their marriage, or for other purposes, as may be], does hereby give, grant, alien, and con- vey, unto his wife, said party of the second part, all that certain prop- erty: [Description.] To have and to hold the same unto the said party of the second part, her heirs and assigns, for her own sole and separate use, benefit, and behoof forever. To hold and enjoy, all and singular the same, and every part and parcel thereof, as and for her separate estate, especially relinquishing for himself and his heirs all right or claim to the same, or any part thereof, as community property, so that the same may be held by her as separate, and not in any respect as community property. In witness whereof [etc.]. [Acknowledgment.] [Signature.] 519 Deeds. Forms 1439, 1440 No. 1439. Deed of Gift. This indenture, made the thirty-first day of April, in the year 1917, between J. A. C, of the county of Sierra, state of California, the party of the first part, and W. C, his son, of said county, the party of the second part, witncsseth: Tliat the said party of the first part, for and in consideration of the love and affection which the said party of the first part has and bears unto the said party of the second part, as also for the better mainte- nance, support, protection and livelihood of the said party of the second part, does by these presents give, grant, alien, and confirm unto the said party of the second part, and to his heirs and assigns forever, all [description]. Together with all and singular the tenements, hereditaments, and ap- purtenances thereunto belonging, or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues, and profits thereof. To have and to hold, all and singular, the said premises, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever. In witness whereof [etc.], [Signature.] No. 1440. Deed of Guardian. This indenture, made the day of , 19 — , at the county of , state of , by and between , the duly appointed, qualified, and acting guardian of the persons and estates of , , and , minors, party of the first part, and , of said county, party of the second part, witnesseth: That whereas, on the day of , 19—, the court of the said county of , state of , duly made an order of sale, authoriz- ing the said party of the first part to sell certain real estate of the said minors, situated in said county of , state of , and specified and particularly described in said order of sale. And whereas, under and by virtue of said order of sale, and pursuant to Icg-al notices given thereof, the said party of the first part, on the day of , 19 — , at tlie auction salesrooms of , in said county, at twelve o'clock M., offered for sale, in one parcel, at public auction, and subject to confirmation by said court, the said real estate, situated in the said county, and specified and described in said order of sale aforesaid; and at such sale the said party of the second part became the purchaser of the whole of said real estate, hereinafter particularly described, for the sum of dollars ($ ), current lawful money of the United States of America, he being the highest and best bidder* and that being the highest and best sum bid. And whereas the said court, upon the due and legal return of his proceedings under the said order of sale, made by the said party of the first part on the day of , 19—, after making the said Form 1441 Cowdery's Form Book. 520 sale, upon due and legal notice of at least ten days, given in such man- ner as the judge of said court had directed, did, on the said day of , 19^, make an order confirming said sale, and directing con- veyances to be executed to the said party of the second part, a certified copy of which order of confirmation was recorded in the office of the said county recorder of the said county, within which the said land sold is situated, on the day of , 19 — , which said order of confirmation now on file and of record in said recorder's office is hereby referred to and made a part of this indenture. Now therefore the said , the guardian of the persons and estates of the above-named minors as aforesaid, the party of the first part, pursuant to the order last aforesaid of the said court, for and in consideration of the said sum of dollars ($ ), gold coin of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by th.ese presents docs grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns forever, all the right, title, interest, and estate of the said , , and , m.inors, in and to all that certain lot, piece, or parcel of land, situated, lying, and being in the said county of , state of , and bounded and particularly described as follows, to wit: . Together with all the tenements, hereditaments, and appurtenances to the same belonging or in any wise appertaining. In witness whereof the said party of the first part, guardian as afore- said, has hereunto set his hand the day and year first above written. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1789. No. 1441. Deed of Mining Claim. This indenture, made the eighteenth day of April, in the year 1917, between F. G., of the city and county of San Francisco, state of Cali- fornia, the party of the first part, and W. C, of Santa Catalina, county of Los Angeles, state of California, the party of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of five thousand dollars, gold coin of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, remise, release and forever quitclaim unto the said party of the second part and to his heirs and assigns, two hundred (200) feet, undivided, in that certain mining claim, vein, lead, or lode, containing gold or silver and other precious metals, situate, lying and being in the Santa Catalina Island Mining District, in the Island of Santa Catalina, coimty of Los Angeles, state of California, and known as the "Perse- verance" vein, lead, or lode. 521 Deeds. Forms 1442, 1443 Together with all the dips, spurs, and angles, and also all the metals, ores, gold, and silver bearing quartz, rock and earth therein ; and all the rights, privileges, and franchises thereto incident, appendant, and appurtenant, or therewith usuallj^ had and enjoyed; and also all and singular the tenements, hereditaments and appurtenances thereto be- longing or in any wise appertaining, and the rents, issues, and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances and privileges thereto incident, unto the said party of the second part, his heirs and assigns forever. In witness whereof [etc.], [Signature.] [Acknowledgment.] No. 1442. Deed to Incorporate a Mining Company. This indenture, made the sixth day of August, 1917, between the undersigned, the parties of the first part, and the "W. G. and S. M. Company," the party of the second part, witnesseth: That whereas, the said *'W. G. and S. M. Company" has been duly incorporated under the laws of the state of California, and it is in- tended by this instrument to transfer to the said parties of the second part all the right, title and interest of the said parties of the first part, which they and each of them have and claim in and to the mining ground and claim or lode and its appurtenances, hereinafter described. Now, therefore, know all men by these presents, that the said parties of the first part and each of them v/hose names are hereunto subscribed, in consideration of certificates of stock in said incorporated company hereafter to be issued to them, their and each of their heirs and as- signs, in conformity with the by-laws of said corporation heretofore adopted, do by these presents grant, bargain, sell, transfer, remise, release, and quitclaim unto the said party of tlie second part, its suc- cessors and assigns, all their and each of their right, interest, claim, and demand whatsoever, in law or equity, of, in, or to all that certain mining ground, claim, or lode, situate, lying, and being in Cove Mining District, Kern River, county of Tulare, and state of California, and known as the "Winter" lead or lode. Together with all the dips, angles, spurs, and variations of said min- ing ground, claim, or lode, and all and singular the hereditaments and appurtenances thereunto belonging. To have and to hold the said premises, with their appurtenances, unto the said party of the second part, its successors and assigns forever. [Signatures.] No. 1443. Statutory Deed — Washington. The grantors, , for and in consideration of , in hand paid, bargain, sell, and convey to the following described real estate, , situated in the county of , state of . Dated this day of , 39 — . [Signature and seal.] Form 1444 Cowdery's Form Book. 522 NOTE. — Every deed, in substance, in the above form shall convey to the grantee, his heirs or other legal representatives, an estate of inheritance in fee simple, and shall be adjudged an express covenant to the grantee, his heirs or other legal representatives, to wit, that any grantor was seised of an inde- feasible estate in fee simple, free from encumbrance, done or suffered from the grantor, except the rents and services that may be reserved, as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed; and the grantee, his heirs, executors, administrators, and assigns, may, in any action, recover for breaches as if such covenants were expressly inserted : See Waah. Rem. Code, sec. 8748. No. 1444. Deed by Corporation. This indenture, made the • day of , 19 — , by and between the company, a corporation organized and existing under and by virtue of the laws of the state of , and having its principal place of business in the county of , the grantor, and , of the same place, the grantee, witnesseth : That the grantor, for and in consideration of the sum of dollars ($ ), the receipt whereof is hereby acknowledged, does, by these presents, grant, bargain, sell, and convey unto the said grantee, all that certain tract, lot, piece, and parcel of land situated in the county of ■ , state of , and bounded and particularly described as follows, to wit: . Together with all the tenements, hereditaments, and appurtenances thereunto belonging. In witness whereof the grantor, by resolution of its board of direct- ors, indorsed hereon, has caused these presents to be executed and to be signed by its president, and its corporate seal to be affixed hereto, the day and year herein first above written. [Seal] , By , President. [Acknowledgment.] Resolution. Resolved that , the president of this company, be and he is hereby authorized to sell any or all lands now belonging to it, or which may hereafter be conveyed to it, upon such terms and for sucli prices as he may deem for the best interests of the said corporation, and that the said president be and he is hereby authorized to make, execute, and deliver good and sufficient transfers of, and deeds to, any and all of the said property, and to sisjn the name of the said corporation thereto, and to affix thereto its corporate seal. I hereby certify that at a regular meeting of the directors of the company, a corporation, the above resolution was unanimously adopted; that said resolution was duly recorded in the minutes of said corporation and has never been revoked. Dated this ■ day of , 19 — . [Seal of corporation] ■ , Secretary 523 Deeds. Form 1445 No. 1445. Deed by Corporation— Another Form. This indenture, made this third day of September, 1917, by and be- tween the Y. B. M. Company, a corporation duly organized under the law of the state of California, whose principal place of business is in the city and county of San Francisco, state of California, party of the first part, and J. N. W. and J. M. P., of said city and county, parties of tlie second part, witnesseth: That whereas, the said party of the first part is a corporation duly incorporated and existing under and by virtue of the laws of the state of California, and in pursuance of the statutes in such cases made and provided, has acquired and is the owner of a certain mine known as the Y. B. Mine, situate in Big Cottonwood Mining District, Salt Lake county, Utah Territory; and whereas, the board of trustees of said corporation, duly assembled, duly passed the following resolution: "It is resolved by the trustees of the Y. B. M. Company, that it is for the best interest of said company to sell and convey said mine, for the sum of thirty thousand dollars, gold coin of the United States, and apply the proceeds of such sale for the payment of the debts of said company, and H. N. B., president, and J. S., secretary, of said Y. B. M. Company, are hereby directed and authorized to make, exe- cute and deliver, for and in behalf of said Y. B. M. Company, and as its act and deed, to said W. and P., a conveyance of said mine and mining location [give general description], and to affix to said convey- ance the corporate name and seal of said corporation." Now, therefore, in pursuance of said resolution aforesaid, and in consideration of the sura of thirty thousand (30,000) dollars, United States gold coin, paid by said parties of the second part, the receipt whereof is hereby acknowledged, the said party of the first part doth by these presents grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever: [Fall description.] Together with all the dips, spurs, and angles, and also all the metals, ores, gold and silver-bearing quartz, rock and earth therein; and also all and singular the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining, and the rents, issues, and profits thereof. To have and to hold, all and singular, the said premises, to£rcther with the appurtenances and privileges thereto incident, unto the said parties of the second pai-t, their heirs and assigns forever. In witness whereof, the said party of the first part, by resolution of its board of directors, hath caused these presents to be subscribed by its president and secretary, and its corporate name and seal to be hereunto affixed, the day and year first above written. [Signature.] [Acknowledgment.] NOTE. — No corporation can convey its tnsincss, franchise and property, as a whole, without the consent of those holding at least two-thirds of the Forms 1446, 1447 Cowdery's Form Book. 524 issued capital stock; such consent to be either expressed in writing, executed and acknowledged by such stockholders, and attached to the conveyance, or by vote at a stockholders' meeting of such corporation called for the purpose of considering such conveyance: See Cal. Civ. Code, sec. 361a. No. 1446. Deed of Right of Way. Whereas, certain of the inhabitants of road district number three of San Mateo county, taxable therein for road purposes, have petitioned in vi^riting the board of supervisors [or, commissioners of highways, as the case may be] of said San Mateo county, to lay out a new road therein, as set forth in their petition, dated the fourth day of April, 1917, which said road is proposed to be located as follows, to wit: [Description.] Now, therefore, in consideration of the location and establishment of said road, as above described, and of the benefits to accrue to us and each of us by such location, we, the undersigned, owners, occupants and claimants of land required for road purposes on the line of the foregoing designated route, hereby signify our approval of the location of said road, and do hereby consent thereto; and we do hereby grant and dedicate the lands belonging to us and each of us, so far as the same may be required for such road, to said county of San Mateo, to that purpose and for the use of such road; and we hereby waive all claims for damage for and on account of the same. Witness our hands this day of , 19 — . [Signatures,] [ Acknowledgment.] No. 1447. Quitclaim Deed. This indenture, made the seventh day of April, in the year 1917, between P. R. and A. R., his wife, of the county of Monterey, state of California, parties of the first part, and F. B., of the county of Los Angeles, state of California, the party of the second part, witnesseth: Tliat the said parties of the first part, for and in consideration of the sum of one thousand five hundred dollars, lawful money of the United States of America, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have re- mised, released, and forever quitclaimed, and by these presents do remise, release, and forever quitclaim, unto the said party of the second part, and to his heirs and assigns, all [description]. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. In witness whereof [etc.]. [Acknowledgment.] 525 Deeds. Forms 1448, 14i9 No, 1448. Quitclaim Deed— Another Form. This indenture, made the twelfth day of Januarj^, in the year 1917, between R. J., of the county of Napa, state of California, the party of the first part, and G. B., of the city and county of Sacramento, state of California, the party of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of two hundred and fifty-five dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey, remise, release and forever quitclaim, unto the said party of the second part, and to his heirs and assigns, all the right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of the said party of the first part, of, in, and to all that certain lot and parcel of land, situate in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] Together with all and singular the tenements, hereditaments and ap- purtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, hi3 heirs and assigns forever. In witness whereof [etc.], [Signature.] [Acknowledgment.] No. 1449. Warranty Deed. This indenture, made the fourteenth day of April, in the year of our Lord 1917, between J. W., of Monterey, county of Monterey, state of California, the party of the first part, and G. W., of the same place, the party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sura of two thousand six hundred dollars, gold coin of the United States of America, to him in hand paid, by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey and confirm unto the said party of the second part, and to his heirs and assigns forever: [Description.] Together with all and singular the tenements, hereditaments and ap- purtenances thereunto belonging, or in any wise appertaining, and tlie rents, issues and profits thereof. To have and to hold, all and singular, the above-mentioned and de- scribed premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. And the said party of the first part, and his heirs, the said premises, in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against the said party of the first part, and his heirs, and against all and every person and persons whomsoever, lawfully claiming Forms 1450, 1451 Cowdeby's Form Book. 526 or to claim the same, shall and will warrant, and by these presents forever defend. In witness whereof [etc.]. [Signature.] [Acknowledgment.] No. 1450. Deed With Warranty Against Acts of Grantor. This indenture, made the eighth day of April, in the year 1917, be- tween R. S. of the city and county of San Francisco, state of California, the party of the first part, and T. R., of the same place, the party of the second part, witnesseth : That the said party of the first part, for and in consideration of the sum of two thousand two hundred and fifty dollars, gold coin of the United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does, by these presents, grant, bargain, sell, convey, and confirm unto the party of the second part, and to his heirs and assigns forever, all that certain lot, piece, or parcel of land situate in the city and county of San Fran- cisco, state of California, bounded and described as follows, to wit: [Description.] Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the rents, issues, and profits thereof. To have and to hold, all and singular the said premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. And the said party of the first part, for himself and his heirs, executors, and administrators, does hereby covenant and agree to and with the said party of the second part, his heirs, executors, administrators and assigns, tliat he has not made, done, committed, executed or suffered any act or acts, thing or things whatsoever, whereby or by means whereof the said premises, or any part or parcel thereof, now are, or at any time hereafter shall, or may, be impeached, charged, or encumbered in any manner or way what- soever. In witness whereof [etc.]. [Acknowledgment.] [Signature.] No. 1451. Deed of Conveyance — Arizona. For the consideration of dollars ($ ), I hereby convey to the following tract of real estate : . Witness my hand this day of , 19 — . [Signature.] [Acknowledgment.] NOTE'.— See Ariz. Rev. Stats. (Civ. Code 1913), par. 2065. 527 Deeds. Forms 1452-1456 No. 1452. Quitclaim Deed — Arizona. For the consideration of dollars ($ ), I hereby quitclaim to all my interest in the following tract of real estate: . Dated this day of , 19 — . [To be acknowledged.] NOTE.— See Ariz. Civ. Code 1913, par. 2065. [Signature.] ITc. 1453. Warranty Deed — Arizona. For the consideration of dollars ($ ), I do hereby convey to the following tract of real estate, ; and I warrant the title against all persons whomsoever. Dated this day of , 19 — . [Signature.] [To be acknowledged.] NOTE.— See Ariz. Rev. Stats. (Civ. Code 1913), par. 2065. No. 1454. Quitclaim Deed — Utah. , gi-antor, hereby quitclaims to , grantee, for the sum of dollars ($ ), the following described tract of land in county, , to wit: . Witness the hand of said grantor this day of , 19 — . [Signature.] NOTE.— See Utah Comp. Laws, 1907, sec. 1982. Such deed, when executed as required by law, shall have the effect of a conveyance of all right, title, interest and estate of the grantor in and to the premises therein described, and all rights, privileges, and appurtenances thereto belonging at the date of such conveyance. No. 1455. Grant Deed — South Dakota. This grant, made the day of , in the year 19—, between , of , of the first part, and , of -, of the second part, witnesseth : That the party of the first part hereby grants to the party of the second part, in consideration of dollars ($ ), now received, all the real property situated in and bounded as follows: . Witness the hand of the party of the first part. [Signature.] No. 1456. Deed of Trust to Corporation as Trustee. This deed of trust, made the day of , 19 — , by grantor, to tlie company, a corporation organized, existing, and acting" under the laws of the state of , grantee, as trustee for , beneficiary, witnesseth : That said grantor, for the consideration and upon the trusts herein- after set forth, does hereby grant, bargain, sell, and convey unto said Form 1456 Cowdery's Form Book. 528 grantee, and to its successors and assigns, all that real property in the county of , state of , and particularly described as follows, to wit, ; Together with all and singular the tenements, hereditaments, privi- leges, and appurtenances tliereuuto belonging or in any wise appertain- ing, and the reversion and reversions, remainder, and remainders, rents, issues, and profits thereof; and also all estate, right, title, interest, homestead, property, possession, claim, and demand whatsoever, as well in law as in equity, which said gi-antor now has, or may hereafter acquire, in or to the above-described property, or any part thereof; To have and to hold said property to said grantee, and to its succes- sors or assigns, in trust for the following purposes : To secure the repayment by said grantor to said beneficiary of the suni of dollars ($ -), current lawful money of the United States of America, with interest thereon according to the terms of a promis- sory note of even date herewith, executed and delivered by said gi-antor to said beneficiary, which sum said grantor hereby acknowledges to have borrowed and received from said beneficiary at the time of the execution hereof; and also to secure the payment by said grantor of all sums of money and indebtedness herein agreed to be paid by him, and the performance by said gi'antor of all obligations, covenants, and agreements by him herein agreed to be discliarged or performed. Said grantor hereby covenants and agrees that he will repay, in like current lawful money of the United States of America, said sum so borrowed, with interest tliereon, and all indebtedness now or hereafter evidenced by said promissory note or any renewal thereof, and also will pay all taxes, assessments, liens, and other encumbrances now ex- isting, or which may at any time hereafter be laid, assessed, imposed, or become a lien or charge upon the premises herein described, includ- ing all taxes that may be laid, levied, or assessed on this deed of trust, or^tlie debt hereby secured, or the interest in said premises hereby created, whether such taxes be assessed to the owner of said premises or to any other person, and that said grantor will keep and save harm- less said beneficiary and any and all trustees hereunder from any and all loss or damage "by reason of the levy of any such tax or assessment, and will protect said premises and all interest therein from sale for any such tax or assessment; Also, that said grantor will maintain and keep in good order and repair all improvements now or hereafter to be erected on said premises, and will make such repairs thereon, from time to time, as may be required by said beneficiary or by said trustee ; Also, that said grantor will insure and keep insured the buildings now or hereafter to be erected on said premises against loss by fire, in such company or companies as shall be approved by said beneficiary, its successors or assigns, in sucli amount as it or they may require (not exceeding the amount of indebtedness hereby secured), loss, if any, in such policies to be payable to said beneficiary, its successors or assigns; 529 Deeds. Form 1456 and such policies shall be delivered to and held by it or them as further security for the payment of the indebtedness aforesaid. And if said grantor shall fail or neglect to pay, discharge, or per- form any of the obligations or covenants aforesaid, then said bene- ficiary, or its successors or assigns, or the trustee or trustees acting hereunder, may at such time as they deem best, at the cost of, and without notice to, said grantor, pay and discharge any of the taxes, assessments, liens, or encumbrances aforesaid, or make the repairs or effect the insurance above mentioned, and perform all acts they deem best for the protection of said premises and improvements; and all sums paid and expenses incurred by them under this provision shall immediately become an indebtedness due from the grantor, and bear interest at the rate of per cent per year, and, with such interest, sliall be secured hereby. Said grantor further covenants and agrees that if during the exist- ence of the trusts herein set forth any suit or proceedins' is pending, or shall be commenced, relating to the title to said real property or any part thereof, or affecting said property or the possession thereof, or if any adverse claim to or against any part thereof be made, said grantee or said beneficiary or the successors or assigns of either said beneficiary or said trustee, at the cost of, and without notice to, said grantor, may appear in such suit or proceeding, or take action with reference to such adverse claim, and employ and pay counsel therein, and defend, or take such other action therein as they may be advised, and may settle or compromise the same and may purchase such or any adverse claim or title to said premises and pay and expend such sums as they may deem necessary for any of the above purposes; Also, that said trustee, or said beneficiary, or the successors or assigns of either said trustee or said beneficiary, for account of, and without notice to, said grantor, may commence, prosecute, and maintain any suit or proceeding necessary or proper for the purpose of protect- ing, establishing, quieting, confirming, or restoring the record or other title to the whole or any part of said property, or for the purpose of removing or curing any defect in such title, or for tlie purpose of re- storing or establishing the record evidence of any suit, proceeding, judgment, order, decree, document, deed, or paper relating to or affect- ing such title; and all sums paid and expenses incurred under tliis provision shall be repaid by said grantor, with interest at the rate of per cent per year from the date of such payment, and, with such interest, shall bo secured hereby; And if default be made by said t^rantor in any payment, or tlie performance of any covenant herein required to be made or performed on his part, said grantee, or the trustee acting hereunder, is hereby authorized to em|)loy counsel as to his proper course hereunder, and all reasonable fees and charges paid or incurred for advice given or legal service rendered by virtue hereof shall be paid by said grantor and be secured hereby. Form Book — 34 Form 1456 Cowdery's Form Book. 530 This deed of trust shall continue as security for the repayment of the money borrowed by said grantor as aforesaid, and of all money expended or liabilities incurred by virtue hereof, with interest thereon. If all said indebtedness, and all money paid and expenses incurred, and the interest thereon, and all sums hereby secured, shall be well and truly paid by said grantor, and all covenants and obligations herein contained, by him to be kept and discharged, shall be duly observed and discharged by said grantor, then said grantee, or the trustee acting hereunder, shall reconvey all the estate and property hereby granted unto said grantor, his heirs or assigns, at his request and costs. But if said grantor shall make default in the payment of any of the in- debtedness aforesaid when due, or in the performance of any cove- nant or obligation herein contained on his part to be performed, then, upon the request of said beneficiary, or its assigns, said grantee, or the trustee acting hereunder, is hereby authorized and empowered to sell the property herein described as a whole, or in such subdivisions or such parts thereof as it shall deem best, in the following manner, to wit : It shall establish, as one of the conditions of such sale, that all bids and payments for the said property shall be made in like current law- ful money of the United States of America as aforesaid, and shall first publish notice of the time and place of sale, with a description of the property to be sold, at least once a week for three successive weeks, in some newspaper published in said county of , and may from time to time postpone such sale to such time as it may elect by publishing notice of such postponement in the same newspaper ; and on the day of sale so advertised, or to which said sale may be post- poned, at the time and place designated in said notice, it may sell the property so advertised, or any part thereof, at public auction to the highest bidder, and said beneficiary, or any other owner of said in- debtedness, or any other person, may purchase at such sale ; and, upon payment, said grantee, or the trustee acting hereunder, shall execute and deliver to the purchaser or purchasers a deed or deeds of gi-ant. bargain, and sale of the premises so sold, and out of the proceeds of sale shall pay, — 1. All expenses of sale, and all other expenses incurred in executing this trust, including the sum of — — dollars ($ ), which shall be allowed and paid as a counsel fee to said grantee, or the trustee acting hereunder, for legal services in the matter of making said sale. 2. Said grantee, or trustee, shall then pay all remaining indebtedness of the grantor secured by this deed of trust, including all unpaid in- debtedness on the promissory note aforesaid, or any renewal thereof, and all moneys expended and expenses incurred by said beneficiary, or said grantee, or their successors or assigns, by virtue of any pro- vision hereof. 3. The surplus of said proceeds, if any, shall then be paid to said grantor or his assigns. 531 Deeds. Form 1-157 In the event of the sale of said premises, or any part thereof, and the execntion of a deed or deeds therefor under the provisions hereof, the recitals, in such deed or deeds, of default, request to sell, publica- tion of notice of sale, postponement, terms of sale, sale, purcliasc, pay- ment, and of any other fact affecting the regularity or validity of such sale sliall be conclusive evidence of the facts so recited against said grantor and all other persons; and the receipt for the purchase money contained in any deeds executed to the purchaser as aforesaid shall be a sufficient discharge to such purchaser from all obligation to see to tlie proper application of the purchase money, according to the trusts herein. It is further covenanted that said beneficiary may, from time to time, appoint another trustee, or other trustees, to execute the trusts herein set forth, and upon such appointment and a conveyance to such substituted trustee by the grantee herein, or its successors or assigns, such new trustee shall be vested with all estate, interests, powers, duties, and trusts herein set forth and vested in said grantee, and such new trustee shall thereupon become the successor and assign of said grantee; and [where the beneficiary is a corporation, say] a copy of a resolution appointing such substituted trustee, by the board of directors of said beneficiary, duly certified by the secretary thereof, under its corporate seal, attached to said last-mentioned conveyance, shall be conclusive evidence of the proper appointment of such sub- stituted trustee against the grantor and all other persons. Witness the hand of said grantor hereunto set the day and year herein first above written. [Signature.] [Acknowledgment.] NOTE. — This form is drawn to apply to a case where a corporation is the trustee. The above trust deed may be used instead of a mortgage. It conveys the title, and need not be foreclosed ; nor is there a time for redemption : See Koch V. Briggs, 14 Cal. 256, 73 Am. Dec. 651; Savings & Loan Society v. Bur- nett, 106 Cal. 514, 39 Pac. 922; Herbert Kraft Co. v. Bryan, 140 Cal. 73, 80, 73 Pac. 745. No. 1457. Deed of Trust— Three Parties— Single Individual Trustee. This deed of trust, made this thirteenth day of October, in the year one thousand nine hundred and seventeen, between L. A., of Alameda county, California, the party of the first part, and J. C. R., of San Francisco, California, the party of the second part, and F. R., of San Francisco, California, the party of the third part, witnesseth: That whereas the said party of the first part has borrowed of the said party of the third part the sum of twenty-five thousand (25,000) dol- lars, in gold coin of the United States, and has agreed to repay the same on the thirteenth day of October, in the year one thousand nine hundred and seventeen, to tiie said party of the third part, in like gold coin witli interest according to the terms of a certain promissory Form 1457 Cowdery's Form Book. 532 note, of even date herewith, executed and delivered therefor by the said party of the first part. Now this indenture witnesseth, that the said party of the first part, in consideration of the aforesaid indebtedness to the said party of the third part; and for the purpose of securing the payment of said promissory note, and of any sum or sums of money, with interest thereon, that may now or hereafter be paid or advanced by, or may otherwise be due to, the parties of the second or third part under the provisions of this instrument, does by these presents grant unto the party of the second part, and to his successors and assigns, the piece or parcel of land situated in Murray township, county of Alameda, and state of California, described as follows: [Description.] And also, all the interest, or other claim or demand, which the said party of the first part now has or may hereafter acquire of, in and to said premises with the appurtenances. To have and to hold, the same to the party of the second part and to his successors and assigns [if a plural number of the second party and to the survivors of them in joint tenancy], upon the trusts and confidence hereinafter expressed, to wit: Firstly, during the continuance of these trusts, the party of the second part and the party of the third part, their successors and as- signs, are hereby authorized to pay, without previous notice all or any liens, and all or any encumbrances now subsisting, or that may hereafter exist upon said premises (excepting taxes and assessments imposed upon this deed of trust or the money secured hereby) which may in their judgment, affect said premises or these trusts; and they may in their discretion at the expense of said party of the first part, contest the payments of any such liens or encumbrances, or may defend any suit or proceeding that they may consider proper to protect the title to said premises, and may insure buildings on said premises, and these trusts shall be and continue as security to the party of the tliird part, and his assigns, for the repayment, in gold coin of the United States, of the money so borrowed by the said party of the first part and the interest thereon, and of all amounts so paid out and costs and expenses incurred, as aforesaid, with interest on such payment at the rate of one per cent per month until final payment. Secondly, in case the said party of the first part shall well and truly pay, or cause to be paid, at maturity, in gold coin as aforesaid, all sums of money so borrowed, as aforesaid, and the interest thereon, and shall upon demand repay all other moneys secured or intended to be secured hereby and also the reasonable expenses of this trust, then the party of the second part [if there is more than one trustee, add, "or the survivor of them in joint tenancy"], his successors and as- signs, shall reeonvey all the estate in the premises aforesaid to the party of the first part at his request and cost. Thirdly, if default shall be made in the payment of any of said sums of principal or interest, when due, in the manner stipulated in 533 Deeds. Form 1457 said promissory note, or in tlie reimbursements of any amounts herein provided to be paid, or of any interest thereon; then the said party of the second part, his successors or assigns, on application of the party of the third part, or his assigns, shall sell the above-granted premises, or such part thereof as in his discretion he shall find it necessary to sell in order to accomplish the objects of these trusts, in the manner following, namely: Pie shall first publish the time and place of such sale, with a description of the property to be sold, at least once a week for four weeks, in some newspaper published in the said county of Alameda, and may from time to time postpone such sale by publication; and on the day of sale so adve7tised, or any day to which such sale may be postponed he may sell the property, so advertised, or any portion thereof at public auction, in any county where any part of said property may be situated, to the highest cash bidder; and the holder or holders of said promissory note, his agents or assigns and the party of the second part may bid and purchase at such sale. And the party of the second part, or assigns, shall establish as one of the conditions of such sale, that all bids and payments for the said property shall be made in like gold coin as aforesaid, and upon such sale he shall make, execute, and after due payment made, shall deliver to the purchaser or purchasers, his or their heirs and assigns, a deed or deeds of grant, bargain and sale of the above-granted premises, and out of the proceeds thereof shall pay, First, the expenses thereof, together with the reasonable expenses of this trust, including counsel fees of five hundred dollars, in gold coin, which shall become due upon any default made by the said party of the first part in any of the payments aforesaid. Second, all siims which may have been paid by the said party of the second or third part, their successors or assigns, or the holders of the note aforesaid, and not reimbursed, and which may then be due, whether paid on account of encumbrances or insurance, as afore- said, or in the performance of any of the trusts herein created, and with whatever interest may have accrued thereon, next the amount due and unpaid on said promissory note, with whatever interest may have accrued thereon; and lastly the balance or surplus of such proceeds, if any, to said party of the first part, his heirs or assigns. And in the event of the sale of said premises or any part thereof, and the execution of a deed or deeds therefor, under these trusts, then the recitals therein of default and publication shall be conclusive proof of such default and of the due publication of such notice; and of any sucli deed or deeds with such recitals therein shall be effectual and conclusive against the said party of the first part, his heirs or assigns, and all other persons; and the receipt for the purchase money con- tained in any deeds executed to the purchaser, as aforesaid, shall be a sufiBcient discharge to such purchaser from all obligations to see to Forms 1458, 1460 Cowdeby's Form Book. 534 the proper application of the purchase money, according to the trusts aforesaid. In witness whereof [etc.], [Signature.] No. 1458. Deed of Trust— Wyoming. This deed, made the day of , in the year of , between , of the one part, and , of the other part, witnesseth : That the said doth grant unto the said the following prop- erty, , in trust to secure . Witness the following signature and seal. [Signature and seal.] NOTE. — This is the form of deed in Wyoming to secure debts or to indem- nify sureties: See Wyo. Comp. Stats. 1910, sec. 3688. No. 1459. Notice of Trustee's Sale Under Deed of Trust. . Whereas , of the county of , state of , did execute a certain deed of trust bearing date the day of , 19 — , to and - — -, as trustees, for the benefit and security of the com- pany, a corporation, which deed of trust was recorded in the office of the county recorder of the county of , state of , on the day of , 19 — , in liber of trust deeds, at page ; and Whereas the said died on the day of — — -, 19 — , and the said then became the sole surviving trustee under said deed of trust; and Wliercas default has been made by the said in the payment of tlic promissory notes secured by said deed of trust, and the board of directors of tlie said company did, on the day of , 191 — , by resolution, demand that said trustee, , should fortliwith proceed to sell the lands in said deed of trust described: Now, therefore, pursuant to the said resolution, and in accordance with the terms and under the authority of the said deed of trust, the said , as such trustee, docs hereby give notice that on , the day of , 19 — , at the hour of o'clock in the forenoon of said day, at , in the county of , state of , he will sell at public auction to the highest bidder, for current lawful money of the United States of America, all that certain piece, jDarcel, tract, and lot of land situated, lying, and being in the county of , state of , and particularly described as follows, to wit: . Dated . [Signature.] No. 1460. Reconveyance of Trust Premises. Know all men by these presents, that Avliereas all the indebtedness secured to be paid by the deed of trust executed by to us, , , and , of the county of , state of , bearing date the day of , 19—, and recorded in the office of the recorder of 535 Deeds. Forms 1461, 1461a county, state of , in liber of deeds, at pages to • , both inclusive, has been paid : Now therefore, in consideration of one dollar to us paid by said -, receipt whereof is hereby acknowledged, we, the said and , do by these presents grant, remise, release, and reconvey to him all the estate and interest derived to us by or through said deed of trust in the lands situated in the county of , state of , and described as follows: ; being the same land and premises described in the aforesaid deed of trust. Together with the tenements, hereditaments, and appurtenances thereunto belonging. Witness our hands this day of , 19 — . [Signatures.] No. 1461. Trustee's Deed— Wyoming. This deed, made the day of , 19—, between , trustee, of the first part, and , of the second part, witnesseth : Whereas, the said trustee, by virtue of the authority vested in him by the deed of trust hereinafter mentioned, made on the day of , 19 — , did sell, as reqiiired by law, a certain tract of land situ- ated in the county of , state of , conveyed by to the said , trustee, by deed bearing date the day of , 19 — , and recorded in deed book , on page , in the office of the re- corder of the county of , and bounded and described therein as follows: ; at which sale the said became the purchaser for the sum of dollars ($ ) : Now therefore this deed witnesseth that the said trustee hereby con- veys and grants to the said tlie said real estate hereinbefore described, with all right, title, and interest held by the said therein; to have and to hold the said real estate and premises unto the said , his heirs and assigns forever. Witness the following signature and seal. [Signature and seal.] NOTE.— See Wyo. Comp. Stats. 1910, sec. 3691. No. 1461a. Warranty Deed, With Usual Common-law Covenants. This deed, made the day of , 19—, by , grantor, to • , grantee, witnesseth: That said grantor, in consideration of dollars ($ ) to him paid, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, and convey unto said grantee, and his heirs and assigns, all that real property situate in the county of , state of , and described as follows: ; Together with all tenements, hereditaments, and appurtenances thereunto belonging. And said grantor, for himself, and his heirs, hereby covenants with said grantee, his heirs and assigns, that said grantor is lawfully seised Forms 1461b, 1461c Cowdery's Form Book. 536 in fee simple of the above-described premises; that he has a good right to convey; that said premises are free from all encimibrances ; that said grantee, and his heirs and assigns, shall quietly enjoy the same without lawful disturbance; that said grantor and his heirs, and all persons acquiring any interest in the property giTaated, through or for said grantor, will, on demand of said grantee, or his heirs or as- signs, and at the expense of said grantee, his heirs or assigns, execute any instrument necessary for tlie further assurance of the title to said premises that may be reasonably required; and that said grantor and his heirs will forever warrant and defend all of said property so gTanted to the said grantee, his heirs and assigns, against every person lawfully claiming the same. Witness my hand this day of , 19 — . [Signature.] [Acknowledgment.] NOTE. — Certain covenants contained in grants of estates in real property, sxK-h as covenants "of warranty," "for quiet enjoyment," and for "further assurance" on the part of a grantor, are appurtenant to such estates, and run with the land, so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them: S€e Cal. Civ. Code, sees. 1460, 1463. Covenants for the payment of rent, and of taxes or assessments upon the land, on the part of a grantee, also run with the land: See Cal. Civ. Code, sec. 1463. No. 1461b. Warranty Deed— Oklahoma. Know all men by these presents that , party of the first part, in consideration of the sum of dollars ($ ), in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the the following described real property and premises, situated in county, state of , to wit: ; Together with all the improvements thereon and the appurtenances thereunto belonging, and warrant the title to the same; To have and to hold said described premises unto the said party of the second part, his heirs and assigns forever, free, clear, and dis- charged of and from all former grants, charges, taxes, judgments, mortgages, and other liens and encumbrances of whatsoever nature. Signed and delivered this day of , 19 — . [Signature.] NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 1184. No. 1461c. Warranty Deed— Utah. , grantor, hereby conveys and warrants to , grantee, for the sum of dollars ($ ), the following described tract of land in county, , to wit: . Witness the hand of said grantor this day of , 19 — . [Signature.] 537 Deeds. _- Forms 1462-1464 NOTE.— See Utah Comp. Laws 1907. see. 1981. Such deed, when executed as required by law, shall have the effect of a con- veyance in fee simple to the grantee, hi« heirs and assigns, of the premises therein named, together with all the appurtenances, rights and privileges thereto belonging, with covenants from the grantor, his heirs and personal representatives, that he is lawfully seised of the premises; that he has good right to convey the same; that he guarantees the grantee, his heirs and as- signs, in the quiet possession thereof; that the premises are free from all encumbrances; and that the grantor, his heirs and personal representatives, will forever warrant and defend the title thereof in the grantee, his heirs and assigns, against all lawful claims whatsoever. Any exceptions to such cove nants may be briefly inserted in such deed following the description of the land. No. 1462. Warranty Deed— Washington. The grantor, , for and in consideration of , in hand paid, conveys and warrants to the following described real estate, , situated in the county of , state of . Dated this day of , 19 — . [Signature and seal.] NOTE'.— See Wash. Rem. Code, sec. 8747. Every deed in substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his heirs and assigns, with covenants on the part of the grantee, — 1. That at the time of the making and delivery of such deed he was lawfully seised of an inde- feasible estate in fee simple in and to the premises therein described, and had good right and full power to convey the same; 2. That the same were then free from all encumbrances; 3. That he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the "title thereto against all persons who may lawfully claim the same ; and such covenants shall be obligator}- upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at full length in such deed. No. 1463. Warranty Deed— Wyoming. , grantor, for and in consideration of , in hand paid, con- veys and warrants to , grantee, the following described real estate, , situate in the county of , state of ; and hereby releas- ing and waiving all rights under and by virtue of the homestead exemption laws of said state. Dated this day of , 19 — , [Signature.] In presence of . NOTE. — See Wyo. Comp. Stats. 1910, sec. 3658. No. 1464. Quitclaim Deed— Washington. The grantor, , for the consideration of , conveys and quit- claims to all interest in the following described real estate, namely: , situated in the county of , state of . Dated this day of :, 19 — . [Signature and seal.] Forms 1465, 1466 Cowdery's Form Book. 538 NOTE.— See "Wash. Eem. Code, sec. 8749. Every deed, in Fubstance in form as given, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quit- claim to the grantee, his heirs and assigns, in fee of all the then existing legal or equitable rights of the grantor in the premises therein described, but shall not extend to after-acquired title unless words are added expressing such intention. No. 1465. Quitclaim Deed — Wyoming. , grantor, for the consideration of , conveys and quitclaims to all interest in the following described real estate, , situate in the county of , in the state of ; hereby relinquishing and waiving all rights under and by virtue of the homestead exemption of said state. Dated this day of , 19 — , [Signature.] In presence of . NOTE.— See Wyo. Comp. Stats. 1910, see. 3660. No. 1466. Warranty Deed, by Attorney in Fact, With Usual Cove- nants. This indenture, made the day of , 191 — , between of ■ , county of , state of , and , of , county and state aforesaid, by their attorney in fact, , parties of tlie first part, and , of , and , of , county and state aforesaid, parties of the second part, witnesseth : That the said parties of the first part, for and in consideration of the sum of dollars ($ ), current lawful money of the United States of America, to them in hand paid by the said parties of the second part, at or before ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have gi'anted, bargained, sold, aliened, conveyed, and confirmed, and by these presents do gi-ant, bar- gain, sell, alien, convey, and confirm imto the said parties of the second part, and to their heirs and assigns forever, all that certain lot, tract, piece, and parcel of land situated, lying, and being in the county of ■ , state of , and particularly described as follows, to wit: ; Together with all the tenements, hereditaments, and api^urtenances thereunto belonging. And the said parties of the first part, for their heirs, executors, and administrators, do covenant, grant, and agree to and with the said parties of the second part, their heirs and assigns, tliat the said parties of the first part, at the time of the sealing and delivery of these pres- ents, are lawfully seised in fee simple absolute of and in all the above granted and described premises, with the appurtenances, and have good right, full power, and lawful authority to grant, bargain, selL and convey the same, in manner aforesaid; and that the said parties of the second part, their heirs and assigns, shall and may, at all times here- 539 Deeds. Form 1467 after, peaceably and quietly have, hold, use, occupy, possess, and enjoy the above-granted premises, and every part and parcel thereof, with the appurtenances, without any let, suit, trouble, molestation, eviction, or disturbance of the said parties of the first part, their heirs and as- signs, or of any other person or persons lawfully claiming the same; and til at the same now are free, clear, discharged, and unencumbered of and from all former and other grants, titles, charges, estates, judg- ments, taxes, assessments, and encumbrances, of what nature or kind soever. And also that the said parties of the first part, and their heirs, and all and every person or persons whomsoever lawfully or equitably deriv- ing any estate, right, title, or interest of, in, or to the hereinbefore granted premises, by, from, under, or in trust for them, shall and will, at any time or times hereafter, upon the reasonable request, and at the proper costs and charges in the law, of the said parties of the second part, their heirs and assigns, make, do, and execute, or cause to be made, done, and executed, all and every such further and other lawful and reasonable acts, conveyances, and assurances, in the law, for the better and more effectually vesting and confirming the premises hereby granted, or so intended to be, in and to the said parties of the second part, their heirs and assigns forever, as by the said parties of the second part, their heirs or assigns, or their counsel learned in the law, shall be reasonably advised or required; and the said parties of the first part, and their heirs, shall and will warrant, and by tliese presents forever defend, the above described premises, and every part and parcel thereof, with the appurtenances, unto the said parties of the second part, their heirs and assigns, against the said parties of the first part, and their heirs, and against all and every person and persons whomsoever lawfully claiming the same. Witness our hands the day and year first above written. By , Their Attorney in Fact. No. 1467. Deed of Administratrix. This indenture, made the twentieth day of January, 1917, at the city and county of San Francisco, state of California, by and between ]\r. J., the duly appointed, qualified, and acting administratrix of the estate of T. J., deceased, late of the city and county aforesaid, the party of the first part, and S. S. W., of the same place, the party of the second part, witnesseth: Tliat whereas, on the seventh day of December, 1916, the superior court of the city and county of San Francisco, state of California, made an order of sale authorizing the said party of the first part to sell certain real estate of the said T. J., deceased, situated in said city and county of San Francisco, state of California, and specified and particularly described in said order of sale, either in one parcel or in subdivisions, as the said party of the first part should judge most bene- Form 1467 Cowdery 's Form Book. 540 ficial to said estate, and which said order of sale, now on file and of record in the said superior court, is hereby referred to and made a part of this indenture. And whereas, under and by virtiae of said order of sale, and pursuant to legal notices thereof, the said party of the first part, on the fourth day of January, 1917, at the auction salesroom of J. M., in said city and county, between the hours of nine o'clock in the morning and the set- ting of the sun on the same day, to wit: at twelve o'clock M., offered for sale in one parcel (judging it most beneficial to said estate), at public auction, and subject to confirmation of said superior court, tlie said real estate, situated in the said city and county, and specified and described in said order of sale as aforesaid, and at such sale the said party of the second part became the purchaser of the whole of said real estate hereinafter particularly described, for the sum of six thousand five hundred and seventy-five dollars, United States gold coin, he being the highest and best bidder, and that being the highest and best sum bid. And whereas, the said superior court, upon the due and legal return of her proceedings under the said order of sale, made by the said party of the first part on the fifth day of January, 1917, after making the said sale, and upon due and legal notice of at least ten days, given as the law requires, did, on the eighteenth day of January, nineteen hun- dred and seventeen, make an order confirming said sale, and directing conveyances to be executed to the said party of the second part; a cer- tified copy of which order of confirmation was recorded in the office of said county recorder of said city and county, within which the said land sold is situated, on the nineteenth day of January, 1917, which said order of confirmation now on file and of recoi'd in said recorder's office, are hereby referred to and made a part of this indenture. Now, therefore, the said M. J., administratrix of the estate of said T. J., deceased, as aforesaid, the party of the first part, pursuant to the order last aforesaid, of the said superior court, for and in considera- tion of the sum of six thousand five hundred and seventy-five (6,575) dollars, United States gold coin, to her in hand paid by the said party of the second part, receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bar- gain, sell, and convey unto the said party of the second part, his heirs and assigns forever, all the right, title, interest, and estate of the said T. J., deceased, at the time of his death, and also all the right, title, and interest that the said estate, by operation of law or otherwise, may have acquired, other than, or in addition to, that of said intestate, at the time of his death, in and to all that certain lot, piece, or parcel of land situate, lying and being in said city and county of San Francisco, state of California, and bounded and described as follows, to wit: [De- scription.] Together with the tenements, hereditaments and appurtenances what- soever to the same belonging or in any wise appertaining. 541 Deeds. Form 1468 To have and to hold, all and singular the above mentioned and de- scribed premises, together with the appurtenances, unto the said party of the second part, his heirs and assiijns forever. In witness whereof, the said party of the first part, administratrix as aforesaid, has hereunto set her hand and seal, the day and year first above written. M. J., as Administratrix of the Estate of T. J., Deceased. State of California, County of , ss. On this day of , 19—, before me, , a notary piiblic in and for the said county of , state of California, personally appeared , known to me to be the person whose name is subscribed to the within instrument, as the administratrix of the estate of , deceased, and acknowledged to me that she, as such administratrix, executed the same. In witness whereof, I have hereunto set my hand and affixed ray official seal at the said county of , the day and year in this cer- tificate first above written. , Notary Public. NOTE'.— The order of sale need not be recorded in the county recorder's office, but the order confirming the sale must be: California, Code Civ. Proc, sec 1719. No. 1468. Sheriff's Deed on Execution. This indenture, made this twenty-fourth day of August, 1917, between P. J. W., sheriff of the city and county of San Francisco, state of Cali- fornia, of the first part, and J. D., of the city and county of San Fran- cisco, state of California, the party of the second part : Whereas, by virtue of a writ of execution issued out of, and under the seal of the superior court of the said city and county, tested the fourtli day of January, 1917, upon a judgment recovered in said court, on the second day of January, 1917, in favor of G. W., and against J. C, to the said sheriff directed and delivered, commanding him that of the personal property of the said judgment debtor, J. C, in his county, he should cause to be made certain moneys in the said writ specified, and if sufficient personal property of the said judgment debtor, J. C, could not be found, that then he should cause the amount of said judgment to be made of the lands, tenements and real property belong- ing to said judgment debtor, J. D., on the second day of January, 1917, or at any time afterward; and whereas, because sufficient personal prop- erty of the said judgment debtor, J. D., could not be found, whereof he, the said sheriff, could cause to be made the moneys specified in said writ, he, the said sheriff, did, in obedience to said command, levy on, take, and seize all the estate, rio:ht, title, and interest, which the said judgment debtor, J. D., so had, of, in, and to the lands, tenements, real estate and premises hereinafter particularly set forth and described, Form 1469 Cowdery's Form Book. 542 with the apijurtenances, and did, on the thirtieth day of Jannaiy, 1917, sell the said premises, at public vendue, in front of the City Hall, in the city and countj^ of San Francisco, between the hours of nine in the morning and five in the afternoon of that day, namely, at twelve o'clock, after having first given notice of the time and place of such sale, by advertising the same according to law; at wliich sale the said premises were struck off and sold to the said party of the second part, for the sum of ten thousand dollars, gold coin of the United States, the said party of the second part being the highest bidder, and that being the highest sum bidden, and the whole price paid for the same ; and whereas, the said sheriff, after receiving from said purchaser the said sum cf money so bidden as aforesaid, gave to the said party of the second part such certificate as is by law directed to be given, and filed and recorded in the office of the county recorder of the city and county of San Fran- cisco, a duplicate of such certificate ; and whereas, six months after such sale have expired without any redemption of the said premises having been made: [Recite assignment here, if any.] Now, this indenture witnesseth, that P. J. W., sheriff aforesaid and party hereto, of the first part, by virtue of the said writ and in pursu- ance of the statute in such case made and provided, for and in consid- eration of the sum of money above mentioned, to him in hand paid as aforesaid by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, conveyed and con- firmed, and by these presents doth grant, bargain, sell, convey and con- firm unto the said party of the second part, and to his heirs and assigns, all the estate, right, title and interest which the said judgment debtor, the said J. C, had on the second day of January, 1917, or at any time afterward, or now has of, in and to all the following described premises, situate, lying and being in the city and county of San Francisco, viz.: [Description.] Together with all and singular the tenements, hereditaments and appurtenances thereunto belonuing or in anj' wise appertaining. To have and to hold the said premises, with the appurtenances, unto the said party of the second part, his heirs and assigns forever, as fully and absolutely as he, the sheriff aforesaid, can, may, or ought to, by virtue of the said writ and of the statute in such case made and pro- vided, grant, bargain, sell, release, consign, convey and confirm the same. No. 1469. Sheriff's Deed on Foreclosure. This indenture, made this twenty-second day of August, 1917, between P. H., sheriff of the city and county of San Francisco, of tlie first part, and J. D., of the city and county of San Francisco, of the second part, witnesseth : Whereas, in and by certain judgment or decree rendered by the su- perior court of the city and county of San Francisco, state of Califor- nia, on the tenth day of April, 1917, and entered on the twelfth day of April, 1917, in a certain action then pending in said court, wherein 543 Deeds. Form 1469 J. J. was plaintiff, and P. S., R. R., E. S. and J. S. were defendants, and of which said judgment or decree a certified copy was delivered to said party of the first part, as such sheriff, for execution, it was, among other things, ordered, adjudged and decreed, that all and singular the mortgaged premises described in the complaint in said action, and specifically described in said judgment or decree, be sold at public auc- tion by the sheriff of the city and county of San Francisco, in the man- nnr required by law, and according to the course and practice of said court ; that such sale be made in front of the City Hall, in the city and county of San Francisco, between the hours of nine o'clock in the fore- noon and five o'clock in the afternoon, on such day as the said sherifL' shall appoint; that any of the parties to said action might become the purchaser at such sale; and that said sheriff execute the usual certifi- cates and deeds to the purchaser, as required by law; And whereas, the said sheriff did, at the hour of twelve o'clock, noon, on the second day of February, 1918, after due public notice had been given, as required by the laws of this state, and the course and practice of said court, duly sell at public auction, in front of the City Hall, in the city and county of San Francisco, agreeably to the said judgment or decree, and the provisions of law, the premises in the said decree or judgment mentioned; at which sale the premises in said judgment or decree, and hereinafter described, were fairly struck off to the said J. D., the said party hereto of the second part, for the sum of five thou- sand dollars, gold coin of the United States, he being the highest bidder, and that being the highest sum bidden for the same; And whereas, the said party of the second part thereupon paid to the said sheriff the said sum of money so bidden by him; And whereas, the said sheriff thereupon made and issued the usual certificate, in duplicate, of the said sale, in due form of law, and deliv- ered one thereof to the said purchaser, and caused the other to be filed and recorded in the county recorder's office of the city and county of San Francisco; And whereas, more than one year has elapsed since the date of said sale, and no redemption has been made of the premises so sold, as aforesaid, by or on behalf of the said judgment debtors, the said defend- ants, or by or on behalf of any other person: [Recite assignment here.] Now, this indenture witnesseth, that the said party of the first part, the said P. H., sheriff, in order to carry into effect the sale so made by him as aforesaid, in pursuance of said judgment or decree, and in conformity to the statute in such case made and provided, and also, in consideration of the premises and of the said sum of five thousand dol- lars, gold coin of the United States, so bidden and paid to him by the said purchaser, the said J. D., the receipt whereof is hereby acknowl- edged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns forever: [Description.] Form 1470 Cowdery 's Form Book. 544 Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. To have and to hold, all and singular, the premises above mentioned and described, and hereby conveyed, or intended so to be, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever. In witness whereof [etc.]. NOTE. — All agreements concerning or affecting real property, to be valid against third persons, must be acknowledged, or proved, and recorded: See Cal. Civ. Code, sec. 1214. No. 1470. Covenant as to Encroaching Building. This agreement made this day of , 19 — , by and between • , covenantor, and , covenantee, witnesseth : Whereas the covenantor is the owner in fee of that certain lot of land in the county of , state of , described as follows: ; and whereas said covenantee is the owner in fee of that certain lot of land in said county of , state of , described as follows: ; which last-described premises adjoins the premises first above described; and whereas there is now erected upon the premises secondly above de- scribed a building, the north wall of which is contiguous to the south boundary line of the premises first above described; and whereas said covenantor claims that the said north wall of said buildinc: encroaches on the south part of his lot above described to the extent of inches ; and whereas the covenantee has quitclaimed to the covenantor all and any right, title, or interest of said covenantee to said lot of land first above described : Now, in consideration of the premises, and the conveyance by quit- claim as aforesaid, the said covenantor, for himself, his heirs, executors, administrators, and assigns, hereby covenants and agi-ees to and with said covenantee, his heirs, executors, administrators, and assigns, that, so long as the building aforesaid shall remain standing, said covenantee, his heirs, executors, administrators, or assigns, shall have, and there is hereby granted and secured to him and them, the right to have the building noAV erected as aforesaid, overlap and extend beyond the soutli line of tlie land of the covenantor, and to encroach and rest upon the land of said covenantor above described, to the same extent and in the same manner as said building now overlaps and encroaches on said land of the covenantor. The covenantor further covenants and agrees for himself, his heirs, executors, administrators, and assigns, that he will not break, cut, dis- turb, destroy, or remove said north wall of the building aforesaid so long as the present building remains standing. It is furtlier mutually covenanted and agreed that the provisions hereof shall operate as a covenant running with botli parcels of land 545 Deeds. Forms 1471, 1472 above deserilDed, and shall bind both parties hereto and their respective heirs, executors, administrators, and assigns; Provided, and it is further mutually and expressly understood and agreed, that this instrument and all the covenants herein contained shall remain in force and effect only so long as the present north wall of the building aforesaid shall remain standin-^; and that upon the re- moval or destruction thereof all rights of the covenantee hereunder shall cease and determine. Witness the hands of the parties above named hereunto set the day and year herein first above written. [Signatures.] [Acknowledgment.] No. 1471. Covenant for Private AUey in Deed to Undivided Half. It is expressly covenanted and agreed by and between the gi-antor and grantee herein, for themselves, their heirs, executors, administra- tors, and assigns, that the whole of the parcel of land above described, which under this indenture becomes vested in the grantor and grantee as tenants in common, shall at all times hereafter be maintained and kept open as a private alleyway between the lands of the grantor on the east side of said alleyway and lands of grantee on the west side of said alleyway, and to be used and enjoyed by the parties hereto and their heirs, executors, administrators, and assigns in common. This covenant runs with the land; but nothing herein contained shall be deemed or taken to be an abandonment or dedication of said alley- way to public use. No. 1472. Covenant not to Obstruct View. This agreement, made this — day of , 19 — , by and between , covenantor, and covenantee, witnesseth : Whereas the covenantee is the owner in fee of that said lot of land in the county of , state of , described as follows: ; and whereas said covenantor is the owner in fee of that certain lot of land in said county of , state of , described as follows: ; and whereas on the land of said covenantee is a dwelling, the view from the wandov/s of which would be obstructed by the erection of a building or structure on said land of the covenantor except as hereinafter agreed : Now, in consideration of the premises and of dollars ($ ), paid by said covenantee to said covenantor, the receipt of which is hereby acknovvledged, the said covenantor, for himself, his heirs, execu- tors, administrators, and assigns, docs liereby covenant and agree to and with said covenantee, his heirs, executors, administrators, and assigns, to refrain from erecting or causing to be erected on said land of the covenantor above described, or any part thereof, any building or struc- ture of which any part shall exceed in height the limit of feet above the curb line opposite the east boundary line of said land of said Form Book — 35 Form 1473 Cowdery 's Form Book. 546 covenantor; provided, that any chimney may be erected on such build- ing or structure above said prescribed height in any manner permitted by the local or municipal ordinances in force at the time of such erection. This covenant is expressly declared to run with both parcels of land above described, and to be for the benefit of the land of said covenantee above described. Witness our hands this day of , 19 — , [Signatures.] [AcknowledgmentJ No. 1473. Complaint for Breach of Covenant Against Encumbrances. [Title of Court and Cause.] The plaintiff complains, and alleges : 1. That on the day of , 19 — , at , the defendant, in consideration of dollars ($ ), to him paid, granted to the plain- tiff, by deed, in fee simple, a lot in the town of , county of . 2. That the said deed contained a covenant on the part of the defend- ant, of which the following is a copy : . 3. That at the time of the making and delivery of said deed the prem- ises were not free from all encumbrances, but, on the contrary, the de- fendant before that time, on the day of , 19 — , at , by deed in the nature of a mortgage, duly executed, had mortgaged the said premises to one , to secure the payment of dollars ($ ), with interest. 4. And, for a further breach, the plaintiff alleges that on the day of , 19 — , in the court of county, in this state, judgment was rendered against the defendant for the sum of dollars ($ ), in an action in which the said was plaintiff, and the defendant herein was defendant, which judgment was, on the day of , 19 — ^ docketed in said county of , and which judgment, at the time of the execution and delivery of the deed in the nature of a mortgage, remained unpaid and unsatisfied of record. 5. And, for a further breach, the plaintiff alleges that at the time of the execution and delivery of said deed the premises were siibject to a tax theretofore duly assessed, charged, and levied upon the said premises by the said town of , and, the officers thereof, of the sum of dollars ($ ), and which tax was then remaining due and unpaid, and was at the time of the delivery of said deed a lien and encumbrance by law upon the said premises. 6. That by reason thereof the plaintiff paid on the day of , 19 — ^ the sum of dollars ($ ), in extinguishing the afore- said, to his damage in the sum of dollars ($ ). Wherefore [etc.]. [Signature.] 547 Deeds. Forms 1474-1476 No. 1474. Complaint for Breach of Covenant of Warranty. [Title of Court and Cause.] The plaintiff complains, and alle302 02 Real Property: [Here insert full description.] Wherefore your petitioner prays that the administration of said estate may be brought to a close, and that she may be discharged from her trust as such administratrix. That, after due notice given and proceedings had, the estate remaining in the hands of your petitioner as aforesaid may be distributed in the proportions and to the said parties entitled thereto as aforesaid, to wit, the one-half of the said residue to the said surviving wife, and the other half to the said descendants of the said deceased, or that such other or further order may be made as is meet in the premises. And your petitioner will ever pray, etc. ]SrOTE.— An executor or administrator may petition for distribution upon the settlement of his final account, or thereafter: Alaska, Comp. Laws 1913, sec 1712; Arizona, Rev. Stats. (Civ. Code 1913), sec. 10S7 et seq.; California, Cofie Civ. Proc, sees. 1664-1670; Colorado, Mill's Ann. Stats. 1912, sees. 8029, S030- Idaho, Eev. Codes 1907, sec. 5626 et seq.; Kansas, Gen. Stats. 191:j, sec 4636 et seq.; Montana, Eev. Codes 1907, sec. 7670 et seq.; Nebraska, n&v Code 1913, sec. 1493 et seq.; Nevada, Rev. Laws 1912, sec. 6062 et seq.; New Mexico, Stats. Ann. 1915, sec. 2260 et seq.; North Dakota, Comp. Laws 1913 see 8854 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 64o8 et seq • Oreo-on, Lord's Oregon Laws, sec. 1303; South Dakota, Comp. Laws 1913, sec. 5924 et seq.; Utah, Comp. Laws 1907, sec. 3952 et seq ; Washing- ton, Rem. Code, sec. 1579 et seq.; Wyoming, Comp. Stats. 1910, sec. 5699 et seq. No. 1570. Order to Show Cause on Petition for Distribution. [Title of Court and Estate.] On reading and filing the petition of M. J., the administratrix of the estate of T.°J., deceased, praying for an order of distribution of the residue of said estate among the persons entitled, it is ordered that all persons interested in the estate of the said T. J., deceased, be and appear before the superior court of the city and county of San Fran- cisco, at the courtroom of said court, in the City Hall, in said city and county on Monday, the nineteenth day of September, 1917, at 11 o'clock A. M., then and there to show cause why an order of distribu- tion should not be made of the residue of said estate among the heirs of the said deceased, according to law. It is further ordered, that a copy of this order be published once a week for four successive weeks, before the said nineteenth day of September, 1917, in the D. M. C, a newspaper printed and published in the said city and county. [Signature.] Dated . 581 Distribution. Forms 1571, 1572 NOTE. — Tn California, order or decree is made on the petition of the execu- tor or administrator, or of any person interested in the estate. Notice of the application must be given by posting or publication, as the court may direct, and for such time as may be ordered. If partition be applied for, as provided in this chapter, the decree of distribution shall not divest the court of jurisdic- tion to order partition, unless the estate is finally closed: California, Code Civ. Proc, sec. 1668. No. 1571. Petition for Final Distribution — Another Form. [Title of Court and Estate.] The petition of , executor of the last will of , deooased, respectfully shows: That your petitioner as such executor, has completed his administration of said estate and that the same is now ready for dis- tribution. Wherefore your petitioner prays that the administration of said estate be brought to a close, and that he be discharged from his trust as executor and that after due notice given and proceedings had, the estate remaining in the hands of your petitioner as aforesaid be dis- tributed to the parties entitled thereto . [Signature.] No. 1572. Notice of Hearing of the First and Final Account of Administratrix and Petition for Final Distribution. Notice is hereby given that , as administratrix of the estate of , deceased, has this day rendered and presented for settlement and filed in this court her first and final account of her administration of the estate of said deceased, and that she filed therewith her petition for the distribution of the residue of the said estate to the persons entitled thereto, and that the clerk of this court has appointed the day of , A. D. 19 — , at o'clock of said day, and the courtroom of department of said court, in the City Hall, in the county of , state of , for the hearing of the appli- cation for the settlement of said first and final account, and has fixed the same time and place for the hearing of said petition for final dis- tribution by the court; that all persons interested in said estate are notified then and there to appear and show cause, if any they have, why said first and final account should not be approved and allowed and settled, and said petition for final distribution granted as prayed. Dated , 19—. • , Clerk. NOTE. — In the order or decree of distribution, the court names the persons and the proportions or parts to which each is entitled, and such persons may recover their shares from the executor or administrator, or any person having the same in possession. Such order or decree is conclusive as to the rights of heirs, legatees or devisees, subject only to be reversed, set aside or modified on appeal: California, Code Civ. Proc, sec. 1666. Form 1573 Cowdery's Form Book. 582 No. 1573. Decree of Final Distribution. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having on the seventeenth of August, 1917, filed in this court her petition, pray- ing for an order finally distributing said estate; said matter coming on regularly to be heard this nineteenth day of September, 1917, the hearing of said petition was by the order of this court, duly made and entered, continued until this twenty-sixth day of September, 1917, at eleven o'clock A. M., and at the said last-mentioned time the said ad- ministratrix appearing by her counsel, this court proceeded to the hear- ing of said petition; and it appearing to the satisfaction of this court that the residue of said estate, consisting of the property hereinafter particularly described, is now ready for distribution, and that said estate is now in a condition to be closed: That the whole of said estate is common property, it having been ac- quired by said deceased after his marriage to said M. J. That the said T. J. died intestate, in the city and county of San Francisco, on the seventeenth day of May, 1917, leaving him surviving said M. J., his widow, and J. J., W. J., a minor, C. J., a minor, and E. J., a minor, the children of said deceased, and his only descendants. That since the rendition of her said final account the sum of fifty dollars has come into the hands of said administratrix, and the sum of twenty dollars and sixty-two cents has been expended by said admin- istratrix as necessary expenses of administration, the vouchers whereof, together with a statement of such receipts and disbursements, are now presented and filed, and the payments are approved by this court; and that the estimated expenses of closing said estate will amount to the sum of twenty-five dollars. That the said M. J., the surviving widow of said deceased, is entitled to the one-half the residue of said estate, and the said descendants of said deceased are entitled to the other half of the said residue of the estate. Now, on this, the said twenty-sixth day of September, 1917, on motion of R. H., Esq., counsel for said administratrix. It is hereby ordered, adjudged and decreed that the residue of said estate of T. J., deceased, hereinafter particularly described, and now remaining in the hands of said administratrix, and any other property not now known or discovered, which may belong to the said estate, or in which the said estate may have any interest, be, and the same is hereby, distributed as follows, to wit: The one-half of said residue to the said M. J., the widow of said de- ceased, and the other half of said residue to said J. J., W. J., C. J., and E. J., the descendants of said deceased; that is to say, that the sum of $662.52 be paid to said M. J., and the sum of $165.62 be paid to said J. J., and the like sum to the legally appointed guardian of each of said minors, W. J., C. J., and E. J.; and the one equal undivided half part 583 Distribution. Form 1571 of the real estate is hereby distributed to said M. J., and the other equal undivided half part of the real estate to the said descendants of said deceased; to the said J. J., one undivided one-eit^hth ; to the said W. J., one undivided one-eighth; to the said C. J., one undivided one-eiglith; and to the said E. J., one undivided one-eighth of the whole of the real estate hereinafter mentioned and described. The following is a particular description of the said residue of said estate referred to in this decree, and of which distribution is ordered, adjudged, and decreed, as aforesaid, to wit: Personal Property: Cash $1,325 00 Real Property: [Description.] , Judge. Dated, . NOTE. — Upon the final settlement of the accounts, or at any subsequent time, upon the application of any interested persons, the court proceeds to dis- tribute the residue of the estate among the persons entitled thereto [and if the decedent left a surviving child, and the issue of other children, and any of them, before the close of the administration, have died while under age and not having been married, all the estate which such deceased child was entitled to by inheritance must, without administration, be distributed to the other heirs at law]. A statement of any receipts and disbursements, since the rendi- tion of his final accounts, must be reported and filed at the time of making such distribution, and a settlement thereof, together with an estimate of the expenses of closing the estate, must be made by the court and included in the order or decree ; or the judge may order notice of settlement of such supple- mental account, and refer the same as in other cases: California, Code Civ. Proc, sec. 1665. No. 1574. Decree of Distribution to Foreign Executor. [Title of Court and Cause.] H. B. C, the administrator with the will annexed of the estate of said deceased in the state of California, having lieretofore filed in this court his petition for an order finally distributing said estate, and said matter coming on regularly to be heard this day, and it appearing to the satisfaction of the court that the estate is now ready for distribu- tion ; and it further appearing that the will of said deceased has been duly admitted to probate in the district court of the county of Waslioe, state of Nevada; that said state was the place of residence of said deceased at the time of his death ; that it is necessary in order that said estate may be distributed according to said will, that the following de- scribed property be delivered to the executor of said A. B. C, deceased, in the state of Nevada; and it is therefore ordered that the executor of the estate in the state of California, to wit, H. B. C, herein appointed, do forthwith deliver to L. M. A., the executor of said deceased, in the state of Nevada, appointed by the said court in the state of Nevada, the following portion of said estate, to wit: [Description.] NOTE. — CaUfornia, Code Civ. Proc, sec. 1667. Forms 1575-1577 Cowdery's Form Book. 584 No. 1575. Order Directing Notice of Application for Partition on Final Dictribution to be Given. [Title of Court and Estate.] It is ordered that notice of the time and place of hearing said peti- tion be given by the clerk of this court by posting in three of the most public places in said county for at least ten days in succession prior to the day set for said hearing. NOTE.— California, Code Civ. Proc, sec. 1676, No. 1576. Order Appointing Commissioners to Make Partition on Distribution. [Title of Court and Estate.] This matter coming on to be heard in open court this third day of June, 1917, and all persons interested being present by counsel or in person, and it appearing that notice of said hearing has been given as directed by law, and final distribution of said estate has been made, and no person objecting, it is ordered that A . B. and C. D. be appointed commissioners herein, and that as such commissioners they proceed, after giving notice as required by law, to make partition and division of the property hereinafter described, and segregate and set off the same in severalty as follows, to wit: To E. F. the equivalent of an un- divided one-half part thereof, to G. H. the equivalent of an undivided one-lialf part thereof, and that the part allotted to each be ascertained, marked and described so that the same can be easily distinguished, and that the partition so made be forthwith reported to this court. The property to be so partitioned is described as follows, to wit: [Description.] NOTE.— California, Code Civ. Proc, sec. 1676. DIVORCE. 1577. Complaint for divorce — Desertion. 1578. Complaint for divorce — Habitual intoxication. 1579. Summons in divorce. 1580. Notice of motion for aUmony — Costs and counsel fees. 1581. Afftdavit of defendant on motion for alimony. 1582. Order for alimony pendente lite, costs and counsel fees. 1583. Findings in divorce. 1584. Interlocutory decree of divorce. 15S5. rinal decree of divorce. No. 1577. Complaint for Divorce— Desertion. [Title of Court and Cause.] Plaintiff complains and alleges: I. That plaintiff and defendant intermarried at the city and county of San Francisco, state of California, on or about the first day of January, 1906, and ever since have been and now are husband and wife. 585 Divorce. Form 1578 II. That plaintiff is and has been a bona fide resident of the state of California for more than one year, and of said city and county of San Francisco for more than six months immediately preceding the com- mencement of this action. III. That on or about the 1st day of February, 1917, and more than a year preceding the commencement of this action, the said defendant disregarding the solemnity of her marria<^e vows, willfully and with- out cause deserted and abandoned the plaintiff, and ever since has and still continues to so willfully and without cause desert and abandon said plaintiff, and to live separate and apart from him, without any sufficient cause, and without any reason and against his will, and without his consent. , IV. That the date of separation of plaintiff and defendant was February 1, 1914, and the number of years from marriage to separation was eight. V. That there are no children, the issue of said marriage. Wherefore, plaintiff demands judgment that the bonds of matrimony between himself and defendant be dissolved. , Attorney for Plaintiff. [Verification.] No. 1578. Complaint for Divorce — Habitual Intoxication. [Title of Court and Cause.] The plaintiff above named alleges: I. That she is noAV, and has been for more than two years immediately preceding the filing of this complaint [or petition], a resident of the state of and for more than six months last past has resided in county; and that such residence has been in good faith and not for the purpose of obtaining a divorce. II. That the plaintiff, whose maiden name was Jane Roe, married the defendant, John Doe, on the first day of May, 1893, in the city of Chicago, Cook county, Illinois; and said parties lived together as man and wife until the sixteenth day of October, 1893, when defendant sep- arated from plaintiff and the parties have not since cohabited. III. That for four years and eight months last past said defendant has been and still is guilty of habitual intemperance, and is habitually intemperate from the use of intoxicating drinks to that degi-ee that the intemperance of defendant reasonably inflicts a course of great mental anguish upon said plaintiff, and to that degi'ee which did in fact during that whole time inflict, and still inflicts, a course of great mental an- guish upon her, and that during all that time said plaintiff has been an innocent party with respect to said intemperance; that defendant was so intemperate from the use of intoxicating drinks, then and thereto- fore, and acted so cruelly and in such a threatening manner toward the plaintiff in consequence of such intemperance, that it became necessary Form 1579 Cowdeby's Form Book. 586 for her to, and she thereafter did, on August 13, 1884, at Cayncas, San Luis Obispo County, California, leave the defendant, and has not re- turned to him; that the course and conduct of defendant aforesaid and his habits of intemperance have not changed for the better at anj- time since the plaintiff so left him. Wherefore the plaintiff demands judgment that the bonds of matri- mony between herself and the defendant be dissolved [or for a separa- tion from the bed and board of defendant forever or for a limited time] ; that the custody of the child James Doe be awarded to plaintiff; that the court require the defendant to pay to the clerk of this court a reasonable sum as alimony and also a reasonable sum for the mainte- nance of said child; that said sums allowed as alimony and maintenance be made a lien upon the real estate of the defendant ; and for such other relief as may be just and equitable. Jane Doe, By Her Attorney, -. NOTE. — Precedent in Forney v. Forney, 80 Cal. 529, 22 Pac. 294. No. 1579. Summons in Divorce. [Title of Court and Cause.] Action brought in the superior court of the state of California, in and for the city and county of San Francisco, and the complaint filed in the office of the county clerk of said city and county. The People of the State of California Send Greeting to , De- fendant : You are hereby required to appear in an action brought against you by the above-named plaintiff in the superior court of the state of Cali- fornia, in and for the city and county of San Francisco, and to answer the complaint filed therein within ten days (exclusive of the day of service) after the service on you of this summons, if served within this city and county; or if served elsewhere within thirty days. The said action is brought to obtain a judgment and decree of this court dissolving the bonds of matrimony now existing between plaintiff and defendant, on the ground of defendant's extreme cruelty; also for general relief, as will more fully appear in the complaint on file, to which special reference is hereby made. And you are hereby notified tliat unless you appear and answer as above required, the said plaintiff will take judgment for any moneys or damages demanded in the complaint as arising upon contract, or will apply to the court for any other relief demanded in the complaint. Given under my hand and the seal of the superior court of the state of California, in and for the city and county of San Francisco, this day of April, A. D. 19 — . [Seal] , Clerk, By , Deputy Clerk. 587 Divorce. Forms 1580, 1581 No. 1580. Notice of Motion for Alimony — Costs and Counsel Fees. [Title of Court and Cause.] To Plaintiff in the Above-entitled Action, and to Messrs. and , His Attornej^s: You are hereby notified that on Friday, April 29, 1910, at ten o 'clock A. M. of said day, or as soon thereafter as counsel can be heard, at the courtroom of Department No. 3 of the above-entitled court, in the City Hall, San Francisco, California, defendant will apply to the court for an order requiring- plaintiff to pay to defendant herein the sum of one hundred ($100) dollars per month, as alimony pendente lite, for the supi^ort and maintenance of said defendant and the support and mainte- nance of the two minor children of plaintiff and defendant, and the further sum of twenty-five ($25) dollars to enable defendant to pay her costs in this action and to properly defend the same, and the further sum of one hundred and fifty ($150) dollars as counsel fees for the defense of said action. Said motion will be made upon the ground that said defendant is destitute and without means to pay for the support of herself and her said children, or to defend said action, or to pay her attoi-ney, and will be based upon this notice of motion, upon the affidavit of defendant filed herewith, on oral and documentary evidence to be adduced on the hearing of said motion, and on all of the papers and records on file in said action. Dated , 19—. , Attorney for Defendant. No. 1581. Afadavit of Defendant on Motion for Alimony. [Title of Court and Cause.] State of California, City and County of San Francisco, ss. , having been first duly sworn, deposes and says: That she is the ^ife of , plaintiff above named, and that she is the defendant named in said action, and was served with summons therein on April 15, 1910; that she desires to defend said action and has fully and fairly stated the facts thereof to her attorney and has been advised by him that she has a good and meritorious defense thereto; that defendant is with- out means to support herself, or to pay the costs of defending said action, or to pay her attorney; that and , aged four and two years, respectively, the children of plaintiff and defendant, reside with defendant, and that defendant is without means for their support, main- tenance and care; that affiant is informed and believes, and upon her information and belief alleges, that plaintiff is in receipt of an income of from two hundred ($200) dollars to three hundred ($300) dollars, monthly; that the sum of one hundred ($100) dollars a month is a rea- sonable sum to be allowed defendant, as alimony pendente lite, for the Form 1581 Cowdery's Form Book. 588 support and maintenance of herself and her two minor children, and the further sum of twenty-five ($25) dollars is a reasonable sum to be allowed her to pay the costs of defending said action, and the further sum of one hxandred and fifty ($150) dollars is a reasonable sum to be allowed defendant as attorney's fees to enable her to defend said action. Affiant further says that during two years last past plaintiff has at various times requested her to commence divorce proceedings against him and has promised that he would not contest the same; that within twelve months last past plaintiff has induced defendant to visit two dif- ferent attorneys, secured by plaintiff, with a view to having defendant commence proceedings in divorce against the plaintiff; that under date of February 14, 1910, plaintiff wrote defendant, among other things, as follows: "I am telling you right here that if jou don't commence pro- ceedings for a divorce, I shall, and I will see that I get the children, and you can be sure of that. If you want to fix the thing up and get a divorce in a quiet and inexpensive way I shall not raise a bit of oppo- sition. I will confer with your lawyers and have everything fixed up 0. K. I have been away from home now about a year and there is no reason why you cannot get a divorce on the giounds of desertion or anything as long as its not detrimental to me." That on or about May 3, 1909, plaintiff deserted and abandoned the defendant and her two minor children and has not lived at home sinr-e that time; that from the time plaintiff' left home as aforesaid up to about February 1, 1910, he paid to defendant the sum of fifty ($50^* dollars per month for her support and maintenance and the support and maintenance of her said minor children: that from said February 1 to about March 15, 1910, plaintiff contributed to the support of defendant and the said two minor children an order for groceries in the sum of $19.50 and nothing more; that on or about said date defendant had plaintiff arrested for abandonment and that the charge for aban- donment is still pending against plaintiff in the police court of the city and county of San Francisco; that since his said arrest plaintiff has contributed to the support of defendant and said minor children the sum of forty dollars in cash and an order for gi'oceries in the sum of thirty dollars, but nothing more ; that said sum was wholly inadequate for the support and maintenance of defendant and said children during said time; that defendant pays rent at the rate of fifteen dollars per month, and that said sum of forty dollars was insufficient even for the payment of her rent during the months of February, March and April, 1910: that during said period defendant has had no money for clothes for herself or children, or to pay for any articles of food except gioceries, or to pay for needed medical attention for said children, and that de- fendant is now destitute ; Affiant further says that all of the property of plaintiff and defendant is community property and that plaintiff is financially able to respond to an order of court in the sums above asked for by affiant. , Defendant. 589 ■ Divorce. Forms 1582, 1583 Subscribed and sworn to before me, this day of , 19 — . [Seal] , Notary Public in and for the City and County of San Francisco, State of California. No. 1582. Order for Alimony Pendente Lite, Costs and Counsel Fees. [Title of Court and Cause.] The application of , defendant in the above-entitled action, for an order of this court requiring plaintiff to pay defendant alimony pen- dente lite for the support and maintenance of defendant and the two minor children of plaintiff and defendant, and costs and counsel fees, came on regularly to be heard this day, plaintiff appearing in person and by his attorneys, Messrs. , and defendant appearing in person and by , her attorney, thereupon evidence was adduced by the re- spective parties, and the court have duly considered the same, and the said application having been duly submitted, it is by the court, Ordered that plaintiff, , pay to the defendant, , the sum of dollars per month, to commence with the date of this order, as and for alimony pendente lite for the support of herself and the two minor children of plaintiff and defendant, and the further sums of dollars, for costs, and , dollars, for counsel fees, to enable her to defend said action. This order is made without prejudice to the right of the defendant to make future application for further allowance for the same purposes. Dated , 19—. ■ , Judge. No. 1583. Findings in Divorce. [Title of Court and Cause.] The court finds as facts: I. That plaintiff is, and for more than one year preceding the com- mencement of this action has been, a bona fide resident of the state of California, city and county of San Francisco. II. That plaintiff and defendant intermarried in the city of Oakland, state of California, on the second day of June, 1909, and ever since have been and now are husband and wife. III. That there are no children the issue of said marriage. IV. That the community property of plaintiff and defendant conpists of the household furniture, of the value of about five hundred dollars ($500). V. That on the 18th day of August, 1916, the defendant abandoned the plaintiff and deserted her, and that said desertion and abandonment has continued for more than one year. VI. That plaintiff and defendant separated at said last-mentioned date, and that said separation has continued for one j'ear. Forms 1584, 1585 Cowdery's Form Book. " 590 As conclusions of law from the foregoing facts, the court finds that the plaintiff is entitled to a judgment and decree dissolving the bonds of matrimony between plaintiff and defendant, and that the community property be set aside to the plaintiff. [Dated] , Judge of the Superior Court. NOTE. — In actions for divorce the court files its decision and conckision of law. If divorce is denied, final judgment is immediately entered. If divorce ought to be granted, his interlocutory judgment is entered declaring that the prevailing party is entitled to a divorce. Appeal may then be taken, within six months after the interlocutory judgment is entered, in the same manner and with like effect as if the judgment were final. If appeal is not taken, final judgment is entered at the expiration of one year from the entry afore- said: California, Civ. Code, sees. 131, 132. No. 1584. Interlocutory Decree of Divorce. [Title of Court and Cause.] It appearing to the court that defendant, A. S. B., was dialy served with summons herein and that he has failed to appear and answer within the time allowed by law, and his default has been entered, and the cause coming on to be heard this third day of June, A. D. 1917, upon the evidence on the part of the plaintiff, and the matter having been submitted for judgment, and the court having considered all the evi- dence, from which it appears that all the material allegations of the complaint are true, and such is found to be the fact, and all and sin- gular the law and the premises being by the court understood and con- sidered. Therefore, it is hereby determined, that plaintiff, C. S. B., ought to be granted a divorce from defendant, A. S. B., and she is entitled to a divorce from him upon the ground of extreme cruelty; she to have the custody of the child, C. S. B., until the further order of this court. Done in open court, this 6th day of June, A. D. 1917. f Judge. No. 1585. Final Decree of Divorce. [Title of Court and Cause.] Whereas, on the sixth day of June, A. D. 1917, this court made its interlocutory judgment, finding that the plaintiff, C. S. B., ouglit to be granted a divorce from defendant, A. S. B. ; and whereas it appears that said interlocutory judgment was entered on the eighth day of June, 1917; and now, one year having expired since the entry of said inter- locutory judgment, and it appearing to the court that there is no reason why said interlocutory judgment should not become final; and all and singular, the law and the facts, being by this court understood and con- sidered — It is hereby ordered, adjudged and decreed, that the marriage between the plaintiff, C. S. B., and the defendant, A. S. B., be dissolved, and 591 Docket. Form 1590 the same is hereby dissolved upon the ground of extreme cruelty, and the said parties are after the entry of this decree each restored to the status of single persons. Done in open court, this tenth day of June, A. D. 1918. , Judge. NOTE.— California, Civ. Code, sees. 131, 132. DOCKET. 1590. Docket of justice of the peace. CROSS-REFERENCES. Docket Order Allowing Amendment to Pleadings — Justice's Court, No. 1593. No. 1590. Docket of Justice of the Peace. State of California, County of Sierra. In Justice's Court, Butte Township. J. S. V. H. B. June 1, 1917. Complaint in writing filed by J. S. to recover of de- fendant H. B., one himdred dollars for goods sold and delivered, and summons issued dated this day. Writ of attachment issued to the sheriff of said county. June 2, 1917. Summons returned served in this township. June 7, 1917. Plaintiff appeared in person in court at ten o'clock A. M. Defendant also appeared in person and orally answered the com- plaint herein as follows, to wit: "Now comes the defendant, and an- swering plaintiff's complaint, denies each and every allegation thereof." Whereupon, Tuesday, June 10, 1917, at the hour of ten A. M., was fixed for the trial hereof, and the plaintiff and defendant were by me then and there notified of the time fixed for trial. June 10, 1917. At ten o'clock A. M., both parties appeared in person, and I being engaged in the trial of another action, postponed the trial hereof until to-morrow at ten o'clock A. M. June 11, 1917. At ten o'clock A. M. both parties appeared, and on motion of defendant the trial was postponed until the 28th day of Au- gust, 1917, at two o'clock P. M. August 28, 1917. At two o'clock P. M., both parties appeared and announced themselves ready for trial, and the plaintiff demanded a trial by jury. Wherefore, I issued an order for a jury of twelve men to be sum- moned as by law directed, returnable to-morrow at ten A. M., that being the time fixed for the trial. August 29, 1917. At ten o'clock A. M. the following named jurors appeared and answered as their names were called: [Insert names.] The following named jurors were challenged by defendant for cause, and the challenges allowed, and said jurors excused [insert names] ; Form 1591 Cowdery's Form Book. 592 and the following named jurors were challenged by plaintiff and th3 challenges allowed, and the jurors excused [insert names]. Where- upon, an order was made as by law required, returnable forthwith, for the summoning of six jurors to complete the panel, and the following named jurors were summoned and appeared in compliance with said order. The jury having been completed, the following named jurors were sworn to try the issue involved herein, viz. [insert names]. The following named witnesses were sworn and examined on the part of the plaintiff, viz. [insert names] ; and the following were sW'Orn and exam- ined on the part of defendant: [Insert names.] After argument by the parties, the jury were instructed as to the law and retired to deliberate, returned into court and rendered a verdict for defendant and were then discliarged. Wherefore judgment is, this twenty-nintli day of August, 1917, given for defendant, and against plaintiff, for forty-five dollars costs, which said costs were taxed by me. Augl^st 30, 1917. Execution for forty-five dollars was issued against plaintiff, on demand of defendant, to A. B., Esq., constable of this town- ship. September 10, 1917. Execution returned satisfied. Received of A. B., Esq., constable, forty-five dollars collected by him on execution herein. September 10, 1917. Judgment satisfied. F. A., J. P. NOTE. — Alaska, Comp. Laws 1913, sees. 1777, 1778; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1285 et seq.; California, Code Civ. Proc, sec. 911 et seq.; Colorado, Mill's Ann. Stats, 1912, sees. 4460-4463; Hawaii, Rev. Code 1915, sees. 2309-2315; Idaho, Rev. Codes 1907, sec. 4759 et seq.; Kansas, Gen. Stats. 1915, sees. 7893-7900; Montana, Rev. Codes 1907, sees. 7075, 95S6; Nebraslca, Rev. Code 1913, sees. S532-S537; Nevada, Rev. Laws 1912, sees. 5800-5803; New Mexico, Stats. Ann. 1915, sees. 3207-3208; North Dakota, Comp. Laws 1913, sees. 9011-9016; Oklahoma, Harris & Day's Code 1910, sees. 5521-5525; Oregon, Lord's Oregon Laws, sec. 2414 et seq.; South Dakota, Comp. Laws 1913, sees. 612.3-6128; Utah, Comp. Laws 1907. soe. 3757 et seq.; Washington, Rem. Code, sec. 1770; Wyoming, Comp. Stats. 1910, sees. 5192, 5220, 5281, 5383, 5384. DOCKET OF JUSTICE OF THE PEACE. 1591. Certificate as to copy of docket entry — Justice's coarb. 1592. Certified copy of justice's docket on transfer to superior court. 1593. Docket order allowing amendment to pleadings — Justice's court. No. 1591. Certificate as to Copy of Docket Entry— Justice's Court. [Title of Court and Cause.] To the County Clerk of the County of , State of . I hereby certify that the following is a copy of my docket entry in the above-entitled action, viz. : This case came on to be heard before me on the complaint, summons, demurrer to complaint, and verified answer of defendant, and it appear- injr from said answer that the determination of said action will neces- 593 Docket of Justice of the Peace. Forms 1592, 1593 sarily involve the question of title or possession to real property, [or the legality of a tax, impost, assessment, toll, or municipal fine, as tlie case may be, stating what, in a general way, with sufficient specification to identify it], I therefore suspend all proceedings in this action. , Justice of the Peace. NOTE.— See Cal. Code Civ. Proc, sec. 838. No. 1592. Certified Copy of Justice's Docket on Transfer to Superior Court. [Title of Court and Cause.] To the County Clerk of the County of Alameda, State of California : I hereby certify that the following is a copy of my docket entry in the above-entitled action, viz.: "This case came on to be heard before me on the complaint, summons, demurrer to complaint, and verified answer of defendant, and it appear- ing from said answer that the determination of said action will neces- sarily involve the question [of title or possession to real property, or the legality of any tax, impost, assessment, toll, or municipal fine, as the case may be], I therefore suspend all proceedings in this action." [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 838. No. 1593. Docket Order Allowing Amendment to Pleadings— Justice's Court. [Title of Court and Cause.] After issue joined in the above-entitled action, and before the conclu- sion of the trial, the plaintiff amended his complaint by striking out the words and figures, "$273.50," and inserting the words and figures "$297.50"; the said $297.50 being the amount he claimed to be due him from defendant. The defendant then stated, under oath administered to him by me, that an adjournment was necessary so that he could make inquiry as to the justice of said increase in the amount plaintiff claimed to be due, and the court being satisfied that adjournment was necessary, ordered that said amendment be allowed upon the payment of $20.00 to defendant by plaintiff. Plaintiff refused to pay said amount and the trial proceeded. To which order plaintiff then and there excepted. NOTE.— California, Code Civ. Proc, sec 8t^9. DRAFTS. See Billa. Draft, No. 733. Protest of Draft Payable at Sight, No. 3156. Form Book — 38 Forms 1600, 1601 Cow dery's Form Book. 591 EJECTMENT. 16C0. Complaint In ejectment — Fee simple. 1601. Complaint in ejectment — Prior possession. 1602. .Notice of pendency of action of ejectment. 1603. Complaint in ejectment by tenants in coiumon against strangers. 1604. Answer in ejectment alleging title in stranger. 1605. Answer in ejectment — Denial that plaintiff has been damaged. No. 1600. Complaint in Ejectment — Fee Simple. [Title of Court and Cause.] The plaintiff above named, complaining of defendant above named, for cause of action alleges: That on the day of , 19 — , the said plaintiff was the owner and seised in fee, and entitled to the possession, of all that certain lot of land situate in the county of , state of , and described as follows, to wit: . That while the plaintiff was such owner, and so seised and possessed, and entitled to the possession, of said land and premises, the said de- fendant did, on the day and year aforesaid, wronjjfully and i:nlawfully enter into and upon the same and oust and eject tlie plaintiff therefrom, and ever since that day wrongfully and unlawfully withheld, and still and now wrongfully and unlawfully does withhold, the possession there- of from the plaintiff, to his wrong, injury, and damage in the sum of ■ dollars ($ ). That the value of the rents and profits of the said land and premises is dollars ($ ) per month, and that by reason of the unlawful withholding of the said land by the defendant as aforesaid plaintiff has been deprived of said rents since the day of , 19 — , and by the continuance thereof will be deprived of the use and occupation of the same, to his loss and damage in the sum of dollars ($ ). Wherefore the plaintiff prays judgment against the said defendant for the restitution of said land and premises, and for the sum of dollars ($ ) damages for the withholding thereof, and dollars ($ ) damages caused by the loss of the value of the rents and profits thereof, together with his costs of suit. [Signatui-e.] [Verification.] No. 1601. Complaint in Ejectment — Prior Possession. [Title of Court and Cause.] , the plaintiff in the above-entitled action, complaining of , the defendant in said action, alleges: That he was, on the day of , 19 — , and for two years and up- wards next prior thereto had been, lawfully possessed, and is now en- titled to the possession, of that certain piece of land situate in the county of , state of , described as follows : 695 Ejectment. Form 1602 That the plaintiff being so possessed, the defendant afterv/ards, on the day of , 19 — , unlawfully entered into the possession of the demanded premises and ousted the plaintiff, and now lanlawfully with- holds the possession thereof from the plaintiff, to his damage in the sum of dollars ($ ). That the value of the rents, issues, and profits of the said premises from the said day of , 19—, and while the plaintiff has been excluded therefrom by the defendant, is dollars ($ ). Wherefore the plaintiff prays judgment against the defendant for the restitution of the possession of the demanded premises, and for the sum of dollars ($ ) for the witliholding thereof, together with the sum of dollars ($ ), the value of the said rents, issues, and profits, and costs of suit. [Signature.] No. 1602. Notice of Pendency of Action of Ejectment. [Title of Court and Cause.] Notice is hereby given, that an action has been commenced in the superior court of the city and county of San Francisco, state of Cali- fornia, by the above-named plaintiff, against the above-named defend- ant, to recover certain real estate and the possession, with damages for the withholding thereof; and that the premises affected by this suit and described in said complaint, are situated in the said city and county, state of California, and are bounded and described as follows, to wit: [Description.] Dated . , Attorney for Plaintiff. NOTE. — In California, in an action affecting the title or the rio^ht of posses- sion of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterward, may record in the office of the re- corder of the county in which the jiroperty is situated a notice of the pendency of the action, containing the names of the parties and the object of the action or defense, and a description of the property in that county affected thereby. From the time of filincj such notice for record only shall a purchaser or encum- brancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties desig- nated by their real names: Arizona, Rev. Stats. (Civ. Code 1913), see. 1623 et seq. ; California, Code Civ. Proc, sec. 409; Idaho, Eev. Codes 1907, sees. 4142, 4563; Kansas, Gen. Stats. 1915, sec. 6977; Montana, Rev. Codes 1907, sees. 6517. 6889; Nebraska, Rev. Code 1913; sec. 7631 et seq.; Nevada, Rev. Laws 1912, sees. 5021, 5522, 5524; New Mexico, Stats. Ann. 1915, sees. 4261. 4262; North Dakota. Comp. Laws 1913, sees. 7425, 8027; Oklahoma, Harris & Day's Code 1910, sec. 4732; Oregon, Lord's Oregon Laws, sees. 7130, 7260; South Dakota. Comp. Laws 1913, sec. 4897 et seq.; Utah, Comp. Laws 1907, sees. 2953, 3525; Washington, Rem. Code, sees. 243, 8822, 8866; Wyoming, Comp. Stats. 1910, sees. 4374, 4375. Forms 1603, 1604 Cowdery's Form Book. 596 No. 1603. Complaint in Ejectment by Tenants in Common Against Strangers. [Title of Court and Cause.] , the plaintiffs in the above-entitled action, complaining of , the defendants in said action, allege: That the said plaintiffs are the owners in fee as tenants in common, and have the lawful right and are entitled to the possession of (describ- ing premises), and that the said defendants wrongfully entered upon, and are now in the wrongful and unlawful possession, of said premises, and wrongfully and unlawfully withhold the possession thereof from said plaintiffs. Wherefore the plaintiffs demand judgment that they recover and be put in possession of said premises, and that the defendants pay damages for the unlawful withholding of said premises and the rents and profits thereof in the sum of three thousand dollars, and costs of suit, all in lawful money of the United States. , Attorney for Plaintiff. [Verification.] NOTE. — It being objected to this complaint that the allegations of title and right of possession were not suflScient, the court said: "It is sufficient . . . for the plaintiff to aver in respect to his title that he [is] seised of the premises or of some estate therein in fee or for life or for years, according to the fact": Payne v. Treadwell, 16 Cal. 221. A more particular statement of the circumstances of the defendant's posses- sion or withholding than that given in the text is not necessary: Payne v. Treadwell, 16 Cal. 221. No. 1604. Answer in Ejectment Alleging Title in Stranger. [Title of Court and Cause.] The defendant, 0. H. La Grange, answering the complaint of the plaintiff herein, alleges: That at the time of the commencement of this action, he was superintendent of the United States Branch Mint, situ- ated on the lot of land described in the complaint and as such and not otherwise he was in possession of said lot for the United States and not for himself, and that he never had or claimed to have any interest therein as owner, tenant or otherwise, and that from 1854 down to the present time the United States has continuouslv been, and still is, the owner in fee and in the sole and exclusive possession of said lot and every part thereof. William W. Morrow, Defendant's Attorney. NOTE.— Precedent in King v. La Grange, 61 Cal. 221, 227. 597 Eminent Domain. Forms 1605-1G16 No. 1605. Answer in Ejectment^Denial That Plaintiff has Been Damaged. [Title of Court and Cause.] The above-named defendant for answer to the plaintiff's complaint [or petition] herein denies that the plaintiff has been or is damaged in the sum of five thousand dollars, or in any other sum, by reason of any act or thing had or done by the defendant in or about the possession, use, occupation or detention of the premises in controversy; or that plaintiff is damaged at all by reason of any matter or thing alleged in said complaint. , Attornev for Defendant. NOTE. — Precedent in Chivington t. Colorado Springs Co., 9 Colo. 599, 14 Pac. 212. EMINENT DOMAIN. 1616. Summons In eminent domain. 1617. Complaint for condemnation of land by corporation. No. 1616. Summons in Eminent Domain. [Title of Court and Cause.] The People of the State of California Send Greeting to A. B., a Cor- poration, C. D., E. F. and G. H. : The above-entitled action is brought by the plaintiff to condemn a right of way through that tract of land situated in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description of the whole property.] Said right of way consists of a strip of land for a double track of the plaintiff's road between [particularly describe the strip]. Reference is made to the complaint herein for a description of the respective parcels of said tract of land. And you, and each of you, are hereby notified to appear and show cause why the property described should not be condemned as prayed for in the complaint within ten days after the service on you of this summons— if served within this county; or within thirty days if served elsewhere. And you are hereby notified that unless you appear and answer as above required, the said plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or it will apply to the court for any other relief demanded in the complaint. [Signature.] In witness whereof [etc.]. NOTE.— Alaska, Comp. Laws 1913, sec. 633 et seq.; Arizona, Rev. Stats. (Civ. Code 1913), sec. 3071 et seq.; California, Code Civ. Proc, sec. 1237 et seq. Colorado, Mill's Ann. Stats. 1912, sec. 2616 et seq.; Hawaii, Rev. rode 1915, sees. 662-682, 1958-1962; Idaho, Rev. Codes 1907, se«. 5210 et soq.; Montana. Rev. Codes 1907, see. 7330 et seq.; Nevada, Rev. Laws Form 1617 Cowdery's Form Book. 598 1&12, sec. 5606 et seq.; New Mexico. Stats. Ann. 1915, sec. 2098 et seq.; North. Dakota, Comp. Laws 1913, sec. 8203 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 3183 et seq.; Oregon, Lord's Oregon Laws, sec. 6838 et seq.; South Dalcota, Comp. Laws 1913, sec. 863 et seq.; Utah, Comp. Laws 19U7, sec. 3588 et seq.; Washington, Rem. Code, sec. 891 et seq.; Wyoming, Comp. Stats. 1910, sec. 1237 et seq. No. 1617. Complaint for Condemnation of Land by Corporation. [Title of Court and Cause.] Now comes the above-named plaintiff, and complaining of the above- named defendants, alleges: I. That plaintiff is a railroad corporation, duly incoi-porated, orcran- ized and existing under the laws of the state of California, and that the name of plaintiff is "S. P. R. Company." II. That said plaintiff is incorporated for the purpose, among other things, of constructing, owning, maintaining and operating a single or double track steam railroad of a standard gauge, viz., of four feet eight and one-half inches, commencing at the city and county of San Fran- cisco, state of California, and running thence in a general southerly direction by the most practicable route to San Bruno, in the county of San Mateo, in said state; that said railroad has been definitely located by plaintiff over and through the parcel of land hereinafter described, and that said land is necessary for the right of way of said railroad. That the location and general route of said railroad are from a point in the city and county of San Francisco, in the state of California, through said city and county in a general southerly direction, along or near the shore of the bay of San Francisco, to the boundary line of the county of San Mateo, state of California, and thence to the station or village of San Bruno, in said county of San Mateo, and the termini of said railroad are respectively the said city and coimty of San Fran- cisco, and said station or village of San Bruno, and that a map thereof so far as the same is involved in this proceeding, is hereunto annexed, and marked "Exhibit A." III. That the defendant, U. T. Company of San Francisco, is and at all of the times herein mentioned was, a corporation, incorporated, organized and existing under the laws of the state of California. IV. That upon the 5th day of August, 1916, W. A. P. died testate at the city and county of San Francisco, state of California ; that at the time of his death he was a resident of said city and countj^, and left estate therein, including an undivided half interest in the premises hereinbefore described; that in and by the last will and testament of said deceased the defendants, U. T. Company of San Francisco, and W. G. were named as executors thereof; that in a proceeding duly com- menced in the superior court of the city and county of San Francisco, state of California, for the administration of the estate of said W. A. P., deceased, said last will and testament was filed for probate; that by an order of said court duly made and entered in said proceeding on the 599 Eminent Domain. Form 1(317 21st day of August, 1916, letters testamentary were issued to said de- fendants U. T. Company of San Francisco and W. G., as executors aforesaid; that said executors thereupon qualified as such, entered upon the discharge of their duties, and ever since have been and now are acting as such executors. V. That the following is a description of the land so as aforesaid required for the right of way of said railroad of plaintiff, viz. : That certain parcel of land situated in the city and county of San Francisco and state of California and described as follows, to wit: [Description.] That said land is sought to be taken in this proceeding, and that the same does not include the whole, but is only a part of an entire tract. VI. That defendants claim to own the tract of land hereinbefore particularly described and also the larger tracts of which it is a part, and are all the owners and claimants thereof known to plaintiff. VII. That the true names of the defendants, J. D., R. R., J. B. and P. S., are unknown to plaintiff, and they are therefore licrein desig- nated by fictitious names, and plaintiff praj's that when their true names are discovered they may be herein inserted by appropriate amendments to this complaint. VIII. That none of the property hereinbefore described has hereto- fore been appropriated to any public use, and that the said railroad of plaintiff has been located in the manner which will be most compatible with the greatest public good and the least private injury. Wherefore plaintiff prays that the court will ascertain and assess ; 1. The value of the property sought to be condemned, and all im- provements thereon pertaining to the realty, and of each and every separate estate or interest therein. 2. The damages which will accrue to the portion not sought to be condemned of the larger parcel of land of which the land hereinbefore particularly described forms a part, by reason of its severance from the portion sought to be condemned, and the construction of the im- provement in the manner proposed by the plaintiff. 3. How much the portion not sought to be condemned, and each estate or interest therein will be benefited, if at all, by the construction of the improvement proposed by the plaintiff, and if the benefit shall be equal to the damages assessed under the last preceding paragraph of this prayer, that the owner of said parcel shall be allowed no com- pensation except the value of the portion taken, but if the benefit shall be less than the damages so assessed, the former may be deducted from the latter, and the remainder be the only damages allowed in addition to the value. 4. The cost of good and sufficient fences alonj: the line of the rail- road of plaintiff', and the cost of cattle-guards where fences may cross the line of said railroad. Form 1628 Cowdery's Form Book. 600 5. That plaintiff have judgment against defendants condemning the premises, hereinbefore particularly described, to public use for the pur- poses hereinbefore set forth, as provided by law, and, thereafter, upon compliance with the requirements of said judgment, and the provisions of Title VII of Part III of the Code of Civil Procedure in that behalf contained, a final order of condemnation of said premises be made and entered herein, and for such other and further relief as may be meet in the premises. [Signature.] Verified. NOTE.— California, Code Civ. Proc, sec. 1243. ESTATES NOT EXCEEDING FIFTEEN HUNDRED DOLLARS. 1628. Petition to set apart estate not exceeding fifteen hundred dollars in value. 1629. Order to show cause why entire estate should not be set over to widow. 1630. Order assigning estate of fifteen hundred dollars. No. 1628. Petition to Set Apart Estate not Exceeding Fifteen Hundred Dollars in Value. [Title of Court and Estate.] To the Honorable Superior Court aforesaid: Tlio petition of , widow of , deceased, respectfully represents : That on , said died in the said county of , leaving therein an estate of real property. That on , yoiir petitioner was, by order of this court, duly made and entered, appointed administratrix of said estate; and that there- after on that day she was duly granted letters of administration which have never been revoked. Tliat on , your petitioner duly made and returned to this court an inventory and appraisement of the estate of said decedent which had come to her knowledge and possession. That it appears from said inventory and appraisement and petitioner avers tlie fact to be that the net value of the whole estate of said de- ceased over and above all liens or encumbrances of record at the date of death of said deceased does not exceed fifteen hundred dollars; and that the whole of said estate consists of . That the expenses of the last illness of said deceased and of his funeral and of the administration of his said estate have been paid. That said deceased left a widow, to wit, your petitioner, ; and that she does not have a maintenance from her own property equal to said estate of said decedent. 601 Estates not Exceeding $1500. Forms 1629. 1IJ30 Wherefore your petitioner prays that an order be made direetincj all persons interested in said estate to appear before this court at a time therein specified, to show cause why said estate should not be assiorned to said petitioner ; and that upon such hearing an order be made assign- ing said estate to said petitioner. Dated , 19—. — , Petitioner. , Attorney for Petitioner. [Verification.] No. 1629. Order to Show Cause Why Entire Estate Should not be Set Over to Widow. [Title of Court and Estate.] It appearing from the petition this day filed by , widow of , deceased, praying for an order assigning the whole of his estate to her, that such assignment should be made, it is ordered that all persons in- terested in said estate appear before this court on , at 10 o'clock A. M., then and there to show cause why said estate should not ba assigned to said . Aiid it is further ordered that the clerk of this court give notice thereof by causing notices to be posted in at least three public places in this county, at least ten days before such date, according to law. Dated , 19—. , Judge of Superior Court. No. 1630. Order Assigning Estate of Fifteen Hundred Dollars. [Title of Court and Estate.] The petition of , widow of said deceased, for an order assigning to her the entire estate of said deceased, coming on regularly for hear- ing, and it appearing therefrom and from the inventory and appraise- ment of the property of the estate of the above-named decedent hereto- fore duly returned and filed herein, that the net value of the whole estate of said deceased over and above all liens and encumbrances of record at the date of the death of said deceased does not exceed in value the sum of dollars; and it appearing that the decedent has left a widow, and that due notice has been given of the order of this court and requiring all persons interested in said estate to appear and show cause why the whole estate should not be assigned to the family of decedent ; that due and legal notice of this proceeding has been given to all per- sons interested in said estate, and no sufficient cause being shown why said property should not be so assigned; and it appearing that the family of the decedent consists of the following persons, viz., , his widow, and it appearing that the expenses of the la^t illness of de- ceased, all funeral charges, and all expenses of administration are paid; It is ordered that the whole of the estate of said decedent be assigned to said , , and ■ -; the said property of said estate is as follows [here insert description]. Cowdery's Form Book. 602 NOTE. — In California, when the value of the estate is not over fifteen hun- dred dollars, and, if the deceased left a widow and minor children, the court orders notice given to show cause why the whole estate should not be set over to said wife and children, the expenses of administration and of the deceased''s last sickness being first paid. Notice of the application is given the same as upon the filing of an account. If there is no widow, then said children take it all. If no children, then the widow takes it: Alaska, Comp. Laws 1913, sees. 1647-1651; Arizona, Rev. Stats. (Civ. Code 1913), sec. 870; California, Code Civ. Proc, sec. 1469; Idaho, Rev. Codes 1907, sec. 5445; Montana, Rev. Codes 1907, sec. 7513; Nevada, Rev. Laws 1912, sec. 6127; North Dakota, Comp. Laws 1913, sec. 8725; Oklahoma, Harris & Day's Code 1910, sec. 6334; Ore- gon, Lord's Oregon Laws, see. 1236; South Dakota, Comp. Laws 1913, sec. 5785; Utah, Comp. Laws 1907, sec. 3847; Washington, Rem. Code, sec. 1464; Wyoming, Comp. Stats. 1910, sec. 5608. EXAMINATION. See Supplementary Proceedings. Examination and Justification of Sureties, No. 2295. Examination of Bankrupt or Witness, No. 697. EXECUTION. 1641. Writ of execution on money judgment. 1642. Execution for deficiency after sale ou foreclosure of mortgage. 1G43. Renewal of execution by indorsement— Justice's court. 1644. Order of sale. 1645. Execution — Justice's court. 1646. Execution against plaintiff for costs — Justice's court — Kansas and Oklahoma. 1647. Execution for costs — Justice's court. 1648. Execution for fine and costs — Justice's court — Washington. 1649. Execution — Where judgment is a lien on realty. 1650. Execution for delivery of possession of real or personal property. 1651. Execution against administrator upon decree for payment of debts. 1652. Execution against property — Colorado. 1653. Execution against property— Hawaii. 1654. Execution against property — Oregon. 1655. Execution against property — Washington. 1656. Execution against the body — California. 1657. Execution against the body — Oregon. 1658. Execution against the body — ^Washington. 1659. Execution against principal or judgment debtor, and his surety, after expiration of stay — Oklahoma. 1660. Execution against debtor and surety — Washington. 1661. Execution — Instructions to oflficer to levy on real estate — Justice's court. 1662. Instructions by judgment debtor to officer — Justice's court. 1663. Instructions to officer to garnish — Justice's court. 1664. Order recalling execution. 1666. Execution — Third party claim. 1667. Undertaking to indemnify sheriff — Oregon. 1668. Undertaking to indemnify constable — Washington. 1669. Undertaking by claimant, other than judgment debtor, for release of property. 1670. Debtor's claim of exemption. 1671. Return of execution satisfied. 603 Execution. 3^'orni i6-il 1672. Return of execution satisfied — Another form. 1673. Return of execution— No property found — Justice's court. 1674. Order to release levy. 1675. Notice of levy on real property. 1676. "Bail" for stay of execution — Wyoming. 1677. Bond for stay of execution — Washington. 1678. Certificate of levy — Colorado. 1679. Execution on judgment for restitution. CROSS-REFERENCES. See Execution Sales. Execution for the Delivery of Property — Oregon, No. 900. INTRODUCTORY I^OTE. The statutes of the various states dealing generally with the subject of execution are cited in the subjoined note. NOTE.— Alaska, Comp. Laws 1913, sec. 1097 et seq.; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1336-1340, 1352 et seq.; California, Code Civ. Proc, Bee. 681 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 4159 et seq.; Hawaii, Eev. Code 1915, sec. 2445 et seq.; Idaho, Rev. Codes 1907, sec. 4470 et seq.; Kansas, Gen. Stats. 1915, sec. 4342 et seq.; Montana, Rev. Codes 1907, sec. 6813 et seq.; Nebraska, Eev. Code 1913, sec. 8402 et seq.; Nevada, Rev. Laws 1912, sec. 5280 et seq.; New Mexico, Stats. Ann. 1915, sec. 2190 et seq.; North Dakota, Comp. Laws 1913, sec. 7713 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 5482 et seq.; Oregon, Lord's Oregon Laws, sec. 213 et seq.; South Dakota, Comp. Laws 1913, sec. 328 et seq.; Utah, Comp. Laws 1907, sec. 3233 et seq.; Washington, Rem. Code, sec. 510 et seq.; Wyoming, Comp. Stats. 1910, sec. 4668 et seq. No. 1641. Writ of Execution on Money Judgment. [Title of Court and Cause.] The People of the State of , to the Sheriff of the County of , Greeting. Whereas, on the day of , 19—, the said plaintiff, , recovered a judgment in the court of the state of , in and for the county of , against , for the sum of dollars ($ ), with interest thereon from the date thereof at the rate of per cent per annum until paid, together with costs and disbursements at the date of said judgment, amounting to the sum of dollars ($ ), as appears to us of record; and Whereas the sum of dollars ($ ), with interest thereon as aforesaid, and costs taxed at dollars ($ ), and accruing costs in the sum of dollars ($ ), is now, at the date of this writ, actually due on said judgment : Now you, the said sheriff, are hereby required to make the said sums due on the said judgment, with interest as aforesaid, and to satisfy the said judgment, with interest, out of the personal property of said debtor; or if sufficient personal property cannot be found, then out of his real property; and make return of this writ within daj'S alter your receipt hereof, with what you have done indorsed hereon. Form 1642 Cowdery's Form Book. 604 In witness whereof I have hereunto set my hand and afRxed the seal of said court, at my office, in the county of , state of , this day of , 19 — . [Seal] [Official signature.] NOTE.— See Cal. Code Cir. Proc, sees. 682, 905. No. 1642. Execution for Deficiency After Sale on Foreclosure of Mortgage. [Title of Court and Cause.] The People of the State of , to the Sheriff of County, Greeting. Whereas, on the day of , 19—, the plaintiff, , recovered a judgment in the said court of county, state of , against ■ and , defendants, for the foreclosure of a certain mortgage, and the sale of the mortgaged premises, to satisfy the sum found due to the said plaintiff for principal and interest, to wit, the sum of dollars ($ ), gold coin of the United States of America, with interest from the date of said judgment, at the rate of seven per cent per an- num, till paid, together with the costs and expenses of sale, as appears to us of record; in obedience to which judgment the said sheriff sold the said mortgaged premises, and applied the proceeds of sale as therein directed, and has made his return unto said court that there is a deficiency of such proceeds of sale, and that there is still due to the plaintiff the sum of dollars ($ ), gold coin of the United States of America, bearing interest at the rate of seven per cent per annum from the day of , 19 — . And whereas the judgment-roll in the action in which said judgment was entered is filed in the clerk's office of said court, in tlie county of • , and the said judgment was docketed in said clerk's office, in the said county, for said balance or deficiency, on the day of , 19 — ^ against , the judgment debtor, who is by said judgrment made personally liable therefor, and the sum of dollars ($ ), gold coin of the United States of America, with interest at the rate of seven per cent per annum, from the said date of said docketing, is now actually due on said judgment: Now you, the said sheriff, are hereby required to make the said sum due on the said judgment, with interest as aforesaid, and costs and accruing costs, to satisfy the said judgment, in gold coin of the United States of America, out of the personal property of the said debtor, , or, if sufficient personal property of said debtor cannot be found, then out of the real property in your county belonging to him on the day whereon said judgment was docketed in the aforesaid county, or at any time thereafter; and make return of this writ within sixty days, with what you have done indorsed thereon. Attest my hand and seal of said court this day of , 19 — . [Seal] [Official signature.] 305 Execution. Forms 1643, 1G44 NOTE. — After sale on foreclosure of a mortgage upon rcnl or personal prop- erty, if the return of sale shows that the proceeds are insufficient, and a bal- ance still remains due, judgment can then be docketed for such balance in the office of the court having jurisdiction over the execution, against the de- fendants personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases on which execution may issue: Arizona, Rev. Stats. (Civ. Code 1913), sec. 4119; California, Code Civ. Proc, see. 726; Idaho, Eev. Codes 1907, sec. 4520; Montana, Eev. Codes 1907, sec. C861; Nevada, Eev. Laws 1912, sec. 5501; Oklahoma, Harris & Day's Code 1910, sec. 5216; Oregon, Lord's Oregon Laws, sec. 425; South Dakota, Comp. Laws 1913, sec. 5431; Utah, Comp. Laws 1907, sec. 3499; Washington, Rem, Code, sec. 1114. No. 1643. Renewal of Execution by Indorsement — Justice's Court. The within execution is this day renewed at the request of the judg- ment creditor. Dated , 19—. [Signature.] NOTE. — The word "renewed," written on the execution, with the date thereof, and subscribed by the justice is enough: See Cal. Code Civ. Proc, see. 903. The execution may be renewed as often as necessary before the expiration of the time for its return. If more time is necessary, the execution may be returned unsatisfied, and another issued: Alaska, Comp. Laws 1913, sec. 1825; California, Code Civ. Proc, sec. 903 ; Idaho, Rev. Codes 1907, sec. 4723 ; Mon- tana, Eev. Codes 1907, sec. 7062; Nevada, Rev. Laws 1912, sec 5785; North Dakota, Comp. Laws 1913, sec. 9124; Oklahoma, Harris & Day's Code 1910, sec. 5498; Oregon, Lord's Oregon Laws, sec. 2452; South Dakota, Comp. Laws 1913, sec. 6116; Utah, Comp. Laws 1907, sec. 3739; Washington, Rem. Code, sec. 1881; Wyoming, Comp. Stats. 1910, sec. 5282. No. 1644. Order of Sale. [Title of Court and Cause.] The People of the State of California, to the sheriff of the City and County of San Francisco, Greeting: Whereas, on the sixth day of May, 1917, C. B. W., the above-named plaintiff, recovered a judcment and decree in the superior court of the city and county of San Francisco, state aforesaid, against J. J. J., the defendant, in an action wherein the said C. B. W. was plaintiff, and the said J. J. J., defendant, which said judgment and decree was on the sixth day of May, 1917, recorded in Judgment-book B of said court. at page 76, and the roll filed and judgment and decree docketed in the clerk's office thereof, and in and by which said judgment and decree it is ordered, adjudged, and decreed that the lands and premises men- tioned and described in the said judgment and decree be sold at public auction, as in said judgment and decree particularly set out. Now, therefore, you the said sheriff, are hereby commanded and re- quired to proceed to give notice for sale, and to sell the premises described in said judgment and decree, a copy of which is hereto an- nexed and made a part hereof, and apply the proceeds of said sale as in said judgment and decree directed, and to make and file your report Form 1645 Cowdery's Form Book. 606 of such sale with the clerk of this court witliin sixty days from the date of your receipt hereof, and to do all things according to tlie terms and requirements of said judgment and decree and the provisions of *he statute in such case made and provided. In witness whereof [etc.]. [Seal] [Signature.] NOTE.— California, Code Civ, Proe., sec. 726. ItTo. 1645. Execution — Justice's Court. [Title of Court and Cause.] The People of the State of , to the Sheriff or any Constable of the County of , Greeting: Judgment: ~^ Whereas a judgment was ren- dered before me, , a justice of the peace of township, in said county of , on the day of , 19 — , against , > defendant, and in favor of , Judgment $- Costs Accruing costs: Execution and filing. .$- Levy - Advertisement - Keeping - plaintiff, for the sum of dol- lars ($ ) damages, and dollars ($ ) costs of suit, which said judgment was made payable $ J in gold coin of the United States: These are therefore to command you that out of the personal prop- erty, and if suflBcient personal property cannot be found, then out of the real property, of said you levy and cause to be made by sale, in gold coin of the United States, the said amount of dollars ($— — ) damages, and dollars ($ ) costs of suit, together with any costs that may accrue; and of this writ make legal service and due return within sixty days after your receipt thereof. Dated this day of , 19 — . [Official signature.] NOTE.— Arizona, Eev. Stats. (Civ. Code 1913), sec. 1336; California. Code Civ. Proc, sec. 902; Colorado, Mill's Ann. Stats. 1912, sec. 4319; Idaho, Rev. Codes 1907, sec. 4742; Kansas, Gen. Stats. 1915, sec. 7840 et seq.; Montana, Rev. Codes 1907, sec. 7061; Nebraska, Rev. Code 1913, see. 8497 et seq.; Nevada, Rev. Laws 1912, sec. 5784 et seq.; New Mexico, Stats. Ann. 1915, sec. 3213 et seq.; North Dakota, Comp. Laws 1913, sec. 9115 et seq.; Okla- homa, Harris & Day's Code 1910, see. 5482 et seq.; Oregon, Lord's Oregon Laws, see. S450 et seq.; South Dakota, Comp. Laws 1913, sec. 6113; Utah, Comp. Laws 1907, sec. 3737 et seq.; Washington, Rem. Code, sec. 1867 et seq.; Wyoming, Comp. Stats. IQ'IO, sec. 5279 et seq. 607 Execution. Forms 1646-1648 No. 1646. Execution Against Plaintiff for Costs— Justice's Courts- Kansas and Oklahoma. [Title of Court and Cause.] The State of , to the Constable of . Whereas a judgment was rendered by , the undersigned, a justice of the peace of said , county of , state of , on tlie day of , 19 — , against defendant in the above-entitled action for dollars ($ ) and costs; and Wliereas execution against said defendant has been returned un- satisfied, and costs to the amount of dollars ($ ), made by the said plaintiff, are still unpaid: These are therefore to command you, the said constable, that out of the personal property of the said you levy and cause to be made by sale the said amount of dollars ($ ) costs, made by plain- tiff as aforesaid, together with any costs that may accrue; and of this writ make legal service and due return within days after your receipt hereof, with what you have done indorsed hereon. [Signature.] NOTE.— See Kansas, Gen. Stats. 1915, sec. 7840 et seq.j Oklahoma, Harris & Day's Code, sec. 5502. No. 1647. Execution for Costs— Justice's Court. [Title of Court and Cause.] The People of the State of California, to the Sheriff or Any Constable of said County, Greeting: Whereas, a judgment was rendered by H. J. W., the undersigned, a justice of the peace of said township, county of San Mateo, on the first day of May, 1917, against J. S., in the action of J. S. v. S. B., for costs; and whereas, the sum of twenty dollars is due the undersigned from the said J. S., plaintiff, for his fees in said action due as by law provided : These are therefore to command you, the said sheriff, that out of the personal property, and if sufficient personal property cannot be found, then out of the real property of said J. S., you levy and cause to be made by sale, the said amount of twenty dollars, fees due as aforesaid, together with any costs that may accrue; and of this writ make legal service and due return within sixty days after your receipt hereof, with what you have done indorsed hereon. [Signature.] No. 1648. Execution for Fine and Costs— Justice's Court— Washington. State of , County of , ss. To the Sheriff or Any Constable of said County. Whereas, at a justice's court held at my office in said county for the trial of , for the offense hereinafter stated, the said was con- Form 1649 Cowdery's Form Book. 608 victed of liaving, on the day of , 19 — , in said county com- mitted , and upon conviction the said court did adjud2:e and deter- mine that the said should pay a fine of dollars ($ ), and dollars ($ ) costs; and whereas the said fine and costs have not been paid: These are therefore, in the name of the state of , to command you to levy on the goods and chattels of the said excepting such as the law exempts, and make sale thereof according to law, to the amount of said fine and costs, upon this writ, and the same return to me within days. Given under my hand this day of , 19 — . Justice of the Peace. NOTE.— See Wash. Rem. Code, sec. 1935. No. 1649. Execution — Where Judgment is a Lien on Realty, [Title of Court and Cause.] The People of the State of to the Sheriff of the County of . Whereas on the day of , 19 — , the said plaintiff recovered a judgment in the court of the state of , in and for the county of , against for the sum of dollars, with interest thereon . from the date thereof at the rate of per cent per annum, until paid, together with costs and disbursements at the date of said judg- ment amounting to the sum of dollars, as appears to us of record ; Whereas the judgment-roll in the action in which said judgment was entered is filed in the clerk's office of said court in the county of , and the said judgment was docketed in said clerk's office, in said county, on the day and in the year first above written; and the sum of dollars ($ ), with interest thereon as aforesaid, and costs taxed at dollars ($— - — ), and accruing costs in the sum of dollars ($ ), is now, at the date of this writ, actually due on said judgment: Now you, the said sheriff, are hereby required to make the said sums due on the said judgment for damages, with interest as aforesaid, and the costs and accruing costs, and to satisfy the said judgment, with interest, out of the personal property of said debtor; or if sufficient personal property cannot be found, then out of the real property in your county belonging to said debtor on the day whereon said judg- ment was docketed in the aforesaid county or at any time thereafter [or, if the execution be issued to a county other than the one in which the judgment was recovered, say, after the word "debtor": "On the day when the transcript of the docket was filed in the office of the recorder of such county [stating such day], or at any time thereafter." Or say here: "To satisfy the said judgment, with interest, out of the real property in the hands of the personal representatives, heirs, devisees, legatees, tenants, or trustees of the defendant," where the execution is against such property. State here, also, if the execution be against the person of the judgment debtor: "And j'ou are required to arrest such judgment debtor and commit him to the jail of the county 609 Execution, Form 1650 until he pay the judg-mcnt, with interest, or be discharged according to law ' '] ; and make return of this writ within days, after your re- ceipt hereof with what you have done indorsed hereon. In witness whereof, I have hereunto set my hand and aflSxed the seal of said court at my oflBce in the county of , state of , this day of , 19 — . [Official signature.] No. 1650. Execution for Delivery of Possession of Real or Personal Property. [Title of Court and Cause.] The People of the State of , to the Sheriff of the County of , Greeting. Whereas, on the day of , 19 — , the said plaintiff, , recovered a judgment in the court of the state of , in and for the county of , against , for the possession of certain premises hereinafter described, and also for dollars ($ ) dam- ages, dollars ($ ) rents and profits, and dollars ($ ) costs, as appears to us of record, and which judgment was docketed in the clerk's office of said court on the day of , 19 — ; [or, if the execution be issued to a county other than the one in which the judgment was recovered, say: "That a transcript of the docket of said judgment was filed in the office of the county recorder of the county of , on the day of , 19 — "]. Now therefore you, the said sheriff, are hereby required to deliver to , the said plaintiff, the possession of the lands and premises in said judgment described as follows, to wit: . And whereas the sum of dollars ($ ) damages, dollars ($ ) rents and profits, and dollars ($ ) costs, is now, at the date of this writ, due on said judgment, you, the said sheriff, are hereby further reqiiired to satisfy said judgment, and all accruing costs, out of the personal property of said , defendant; or if sufficient per- sonal property of the said debtor cannot be found, then out of the real property in your county belonging to him on the day whereon said judg- ment was docketed in the aforesaid county [or on the day, stating it, when the transcript was filed in the office of the recorder of such other county], or at any time thereafter; and make return of this writ within days after your receipt hereof, with what you have done indorsed hereon. In witness whereof I have hereunto set my hand and affixed the official seal of said court, at my office, in the county of , this day of , 19 — . [Seal] [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 682. Where the execution requires the delivery of real or personal property, it must be issued to the sheriff of the county where the property or some part of it is situated : See Cal. Code Civ. Proc, sec. 687. Form Book — 39 Forms 1651, 1652 Cowdery's Form Book. 610 No. 1651. Execution Against Administrator upon Decree for Payment of Debts. [Title of Court and Estate.] The People of the State of California, to the Sheriff of the County of Napa, Greeting: Whereas on the sixth day of June, 1917, a decree was made by the said superior court of the county of Napa for the payment of the cred- itors of the estate of A. B. C, deceased. That E. F. G., is one of the creditors of said estate whose claim was decreed to be paid, and the amount decreed to be paid him by H. I. J., the administrator of said estate is $3,193.75, that being the amount actually due him, said E. F. G., under said decree, and whereas said decree is filed in the clerk's office of said court, and said decree was docketed in said clerk's office on the day and year first above written. Now, you, the said sheriff, are hereby required to make the said sums due on the said decree, with interest as aforesaid, and costs and accruing costs to satisfy the said decree out of the personal property of said H. I. J., or, if sufficient personal property of said H. I. J. cannot be found, then out of the real property in your county belong- ing to him on the day whereon said decree was docketed in the said county, or any time thereafter; and make return of this writ within sixty days after your receipt hereof, with what you have done indorsed hereon. Witness, [etc.], [Signature.] j^OTE. — In such cases the creditor may have execution on the decree as upon a judgment in the court in favor of each creditor; and the "same proceedings may be had under the execution as under execution in other cases": California, Code Civ. Proc, sec. 1649. In other cases the decree or judgment bears the statutory interest, which is not expressly allowed in probate matters. Section 1649 makes the administrator personally liable to each creditor for his allowed claim, and it seems that he is liable for'^interest from the date of the docketing of the decree: Alaska, Comp. Laws 1913, sec. 1711; Arizona, Kev. Stats. (Civ. Code 1913), see. 1022; Idaho, Kev. Codes 1907, sec. 5612; Washington, Eem. Code, sec. 1574. No. 1652. Execntion Against Property— Colorado. [Title of Court and Cause.] State of , County of , ss. The People of the State of to any Constable of said County, Greeting. We command you that of the goods and chattels of in your county you make the sum of dollars ($ ) and (— ) cents debt, and dollars ($ ) and (— ) cents costs, which 611 Execution. Forms 1653, 1654 latcl}' recovered before me, in a certain plea against said ; and hereof make return within thirty days from this date. , J. P. [L. S.] Given under my hand and seal this day of , 19 — . NOTE.— See Colo. Mill's Ann. Stats. 1912, sec. 4319. No. 1653. Execution Against Property — Hawaii. [Title of Court and Cause.] To any Police Officer of the District of , Island of , Territory of Hawaii. You are commanded to levy upon the personal property of , if any within your district, and if sufficient cannot be found, then upon his real property within said district, and, giving thirty days' previous notice as required by law, to sell the same, or so much thereof as may be found necessary, at public sale to the highest bidder, in order to satisfy a judgment rendered by me against him in favor of , on the day of , 19 — , for dollars ($ ), the costs of court inclusive, collecting also the legal interest thereon, from date thereof, and j^our costs and the expenses of levy, advertisement, and sale. Make due return to me of this writ, with your proceedings thereon, and the money by you so collected, on or before the expiration of days; and hereof fail not at your peril. Given under my hand this day of , 19 — . , District Magistrate. NOTE.— See Rev. Code Hawaii 1915, sec. 2447. The writ, if it issues from a court of record, is addressed to the high sheriff or his deputy: See Rev. Code Hawaii, 1915, sec. 2451. No. 1654. Execution Against Property — Oregon. [Title of Court and Cause.] State of f County of . To the Sheriff of Such County, or Any Constable of Any Precinct Therein, Greeting: Whereas has obtained a judgment against for the sum of dollars ($ ) before the undersigned, a justice of the peace for the precinct aforesaid, on the day of , 19 — : Therefore, in the name of the state of , you are hereby com- manded tliat of the personal property of the said , excepting such as the law exempts, you cause to be made, by levy and sale according to law, the amount of such judgment and disbursements and expenses that may accrue; and of this writ make legal service and due return to me within thirty days from the date hereof. Given under my hand this day of , 19 — . , Justice of the Peace. Forms 1655, 1656 Cowdery's Form Book, 612 No. 1655. Execution Against Property — WasMngton. [Title of Court and Cause.] State of , County of , ss. To the Sheriff or Any Constable of Said County: Wliereas judgment against , for the sum of dollars ($ ), and dollars ($ ) costs of suit, was recovered on the day of , 19 — , before the undersigned, one of the justices of the peace in and for said county, at the suit of . These are therefore, in the name of the state of , to command 3'ou to levy on the goods and chattels of the said , excepting such as the law exempts, and make sale thereof, according to law, to the amount of said sum and costs, upon this writ; and the same return to me within thirty days, to be rendered to the said for his debt, interest, and costs. Given under my hand this day of , 19 — . , Justice of the Peace. NOTE.— See Wash. Bern. Code, sec. 1890. No. 1656. Execution Against the Body — California. [Title of Court and Cause.] To the Sheriff of the County of , Greeting. Whereas, , the plaintiff in the above-entitled action, obtained a judgment against , the defendant therein, for the sum of ■ dollars ($ ), before the court of the county of , state of , on the day of , 19 — , which said judgment directs that the said defendant be arrested; and whereas it nppears that execution has issued against the property of said judgment debtor, but that said execution has been returned unsatisfied in whole : You, the said sheriff, are therefore commanded and required, in the name of the people of the state of , to arrest, and take the person of, , the said judgment debtor, and commit him to the jail of the county of until he pay the said judgment, with interest, or be dis- charged according to law. Given under my hand and the seal of said court of the county of , state of , this dav of , 19 — . [Seal] [Signature.] NOTE.— Alaska, Ck)mp. Laws 1913, sec. 1101; California, Code Civ. Proc, sees. 682, 684, 904; Idaho, Rev. Codes 1907, see. 4471; Montana, Eev. Codes 1907, sees. 6814, 6817, 7063. 613 Execution. Forms 1657, 1658 No. 1657. Execution Against the Body — Oregon. [Title of Court and Cause.] State of , County of -. To the Sheriff of Such County, or Any Constable of Any Precinct Therein, Greeting: Whereas has obtained a judgment against for the sum of dollars ($ ) before the undersigned, a justice of the peace for the precinct aforesaid, on the day of , 19 — ; and whereas it appears from an affidavit by the said , filed with me, that : Therefore, in the name of the state of , you are hereby com- manded to take the body of said to the jail of the county aforesaid, there to be safely kept in the custody of the jailer until the amount of said judgment and disbursements and expenses that have and may accrue shall be paid, or he be otherwise legally discharged; and of this writ make legal service and due return to me within thirty days from the date hereof. Given under my hand this day of , 19 — . , Justice of the Peace. No. 1658. Execution Against the Body — Washington. [Title of Court and Cause.] State of , County of , ss. To the Sheriff or Any Constable of Said County: Whereas judgment against for the sum of dollars ($ ), and for dollars ($ ) costs of suit, was recovered on the day of , 19 — , before the undersigned, one of the justices of the peace in and for said county, at the suit of , and an execution against his property returned unsatisfied: These are therefore, in the name of the state of , to command you to take the body of the said , and him convey and deliver to the keeper of the jail of said county, who is hereby commanded to receive and keep the said in safe custody in prison until the afore- said sum and all legal expenses be paid and satisfied, or until he be discharged therefrom by due course of law; and of this writ make due return within thirty days. Given under my hand this day of , 19 — . , Justice of the Peace NOTE.— See Wash. Eem. Code. sec. 1890, p. 968. Forms 1659, 1660 Cowdery 's Form Book. 614 No. 1659. Execution Against Principal or Judgment Debtor, and His Surety, After Expiration of Stay — Oklahoma. [Title of Court and Cause.] State of, . County of , ss. To , Constable of , in said County, Greeting: i^hereas , on the day of, 19—, in an action then pending before the undersigned, justice of the peace, recovered a judgment against , for the sum of dollars ($ ), and the further sum of dollars ($ ) as costs of suit; and whereas, on the day of , 19 — , entered into an undertaking as surety for the said , for a stay of execution for days, which time has now elapsed ; and whereas the said judgment still remains unsatisfied: Now therefore you are liereby commanded that of the goods and chattels of the said you cause said judgment and costs to be satis- fied as provided by law; and for want of sufficient goods and chattels of said , that you cause said judgment and costs to be satisfied out of the goods and chattels of said , and you are hereby required to make a return of this execution, with your certificate thereon, showing the manner in which you have executed the same, within thirty days from the time of your receipt hereof. Witness my hand at , in said county, this day of , 19—, , Justice of the Peace. NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 5418. No. 1660. Execution Against Debtor and Surety— Washington. [Title of Court and Cause.] State of , County of , ss. To the Sheriff or Any Constable of Said County: Whereas, judgment against for the sum of dollars ($ ), and for dollars ($ ) costs of suit, was recovered on the (Jay of , 19 — , before the undersigned, one of the justices of the peace in and for said county, at the suit of, and Whereas, on the day of , 19—, became surety to pay said judgment and costs, in the month from the date of the judg- ment aforesaid, agreeably to law, in the payment of which the said and have failed: These are therefore, in the name of the state of , to command you to levy on the goods and chattels of the said and , ex- cepting such as the law exempts, and make sale thereof, according to law, to the amount of said sum and costs, upon this writ ; and the sanie return to me within thirty days, to be rendered to the said for his debt, interest, and costs. Given under my hand this day of, 19 — . , Justice of the Peace. NOTE. — See Wash. Eem. Code, sec. 1890. 615 Execution. Forms 1661-1664 No. 1661. Execution— Instructions to Officer to Levy on Real Estate — Justice's Court. [Title of Court and Cause] You are hereby directed to levy, by virtue of the writ of execution issued in the above-entitled suit herewith handed to jou, on all tlie right, title, and interest of A. L. C, the therein named defendant, in and to the following described real estate, situate, lying, and being in the county of Butte, standing of record in the office of the county re- corder of said county in the name of C. L. P. [or the defendant], viz. [particular description]. -„. , , •■^ ^ -■ [Signature.] NOTE. — An officer is not obligated to search for property upon which he may levy. If he knows of such property, it is his duty to make a levy. It has always been the practice to give special instructions to the officer who holds a writ of execution or other similar writ. As to attachments, the California Code of Civil Procedure, section 543, directs such instructions to be given. No. 1662. Instructions by Judgment Debtor to Officer — Justice's Court. [Title of Court and Cause.] You will please take notice that you are directed to levy on the fol- lowing described property to satisfy the judgment and costs in said action. Dated . ro- i t [Signature.] NOTE. — California, Code Civ. Proc, sec. 691. This may be done by a defendant when there is more property of his (the judgment debtor's) within view of the officer than is sufficient to satisfy the judgment and accruing costs. No. 1663. Instructions to Officer to Garnish— Justice's Court. [Title of Court and Cause.] You are hereby instructed to levy on, by virtue of the accompanying writ in the above-entitled suit, the following described property, to wit : All moneys, credits, effects, and debts due or owing in the hands or under the control of A. B. C., of No. 128 A street, Sacramento, belong- ing to A. R. S., the defendant in the above-entitled action. Dated, . [Signature.] NOTE. — California, Code Civ. Proc, sec. 543. No. 1664. Order Recalling Execution. [Title of Court and Cause.] The defendant having paid into court the sum of ten dollars ($10) costs, as ordered herein, and the judgment by default herein being va- cated, the writ of execution issued herein on the day of , 19 — , is hereby vacated and ordered to be forthwith returned. [Signature.] NOTE. — Power of justice to recall execution: See Gates v. Lane, 49 Cal, 2Q6. Forms 1666, 1667 Cowdery's Form Book. 616 No. 1666. Esecution— TMrd Party Claim. [Title of Court and Cause.] Please take notice that I am the owner of and claim the following described property upon which you have levied execution in the above- entitled action, viz.: [Descnption.] My title to it is a grant from A. B. C, to me, executed and acknowledged and delivered to me, and is of record in the office of the county recorder of Butte county, in volume No. 197 of Deeds, at pages 176-179. Dated, . [Signature.] State of, , County of , ss. , being duly sworn, says that he is the owner of the following described property, upon which execution in the above-entitled action was levied on the day of , 19 — , to wit : ; that his title to it is a grant from to the undersigned, executed, acknowledged, and delivered to him; and that such instrument is of record in the office of the county recorder of , in volume number of deeds, at pages to , [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 689. No. 1667. Undertaking to Indemnify Sheriff — Oregon. [Title of Court and Cause.] State of , County of . Civil Action to Recover Money. Whereas, sheriff by virtue of an execution, to him directed, against the personal property of the above-named defendant, , has levied upon certain personal property as the property of such defendant, which said property one now claims to be the owner of and entitled to the possession of: We, and , sureties, hereby undertake to indemnify such sheriff against all damages and costs which he may sustain in conse- quence of the seizure and sale of such property, and that we will pay to such claimant , all damages which he may sustain in consequence of the same, not exceeding the sum of dollars ($ ). Dated this day of , 19 — . [Signatares.] 617 Execution. Forms 1668, 1669 No. 1668. Undertaking to Indemnify Constable — Washington. [Title of Court and Cause.] Whereas, claims to be owner of, and to have the right to posses- sion of, certain personal property, to wit, , which has been taken by constable in county, upon an execution by , justice of the peace in and for the county of , upon a judgment obtained by , plaintiff, against , defendant: Now therefore we, , plaintiff, , and , acknowledge our- selves bound unto the said , constable, in the sum of dollars ($ ), to indemnify the said against such claim. [Signatures.] NOTE.— See Wash. Eem. Code, sec. 1890, p. 970. No. 1669. Undertaking by Claimant, Other Than Judgment Debtor, for Release of Property. [Title of Court and Cause.] Whereas the plaintiff in the above-entitled action did, on the day of , 19 — , recover a judgment against said defendant, for the payment of dollars ($ ), current lawful money of the United States of America; and Whereas, the sheriff of said cotmty did, on the day of , 19—, levy execution under such judgment upon the following described property, to wit, , to satisfy said judgment; and Whereas , not the judgment debtor, claims said property, which is of the estimated value of dollars ($ ), current lawful money of the United States of America: Now therefore we, the undersigned, , as principal, and and , as sureties, in consideration of the premises, hereby jointly and severally undertake, in the sum of dollars ($ ), [naming a sum equal to double the estimated value of the property, but in no e\ent a greater sum than double the amount for which execution is levied], current lawful money of the United States of America, and promise that, if said property so claimed by the said is finally adjudged to be the property of the said judgment debtor, we will pay of said judgment upon which said execution issued the sum of dollars ($ ), [naming a sum equal to the estimated value in the undertak- ing], current lawful money of the United States of America. Dated this day of , 19 — . [Signatures.] [Justification.] NOTE.— California, Code Civ. Proc, sees. 710, 710^^, 712; Montana, Rev. Codes 1907, see. 6823. Forms 1670-1673 Cowdeby's Form Book. 618 No. 1670. Debtor's Claim of Exemption. [Title of Court and Cause.] To , Sheriff of the County of . You will please take notice that the following described property, to wit, , levied on by you under the writ of execution issued in the above-entitled action, is exempt from execution, and the defendant herein claims the same as exempt, and you are requested to forthwith release your levy on said property and restore it to defendant. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 690. Such claim need not be in writing. When the officer has notice that prop- erty is exempt, he is liable if he sells it. In such case it is the practice for the officer to exact indemnity before sale. No. 1671. Return of Execution Satisfied. [Title of Court and Uause.] I hereby certify that I have this twelfth day of May, 1917, returned the within execution satisfied. [Signature.] NOTE.— California, Code Civ. Proc, sec. 415. No. 1672. Return of Execution Satisfied — Another Form. [Title of Court and Cause.] I hereby certify that I received the annexed execution on the ninth day of August, 1917, and by virtue tliereof recovered from the therein named judgment debtor the sum of $397, and after deducting my fees and commission of $27.50, I applied the balance of $368.50 in satisfac- tion of said exectuion, as will more fully appear by receipt of the i^lain- tiff indorsed hereon and made a part hereof, and I hereby return the said execution satisfied. [Signature.] NOTE.— California, Code Civ. Proc, sec. 683. No. 1673. Return of Execution — No Property Found— Justice's Court. [Title of Court and Cause.] State of , County of . I hereby certify that I received the annexed execution on the third day of August, A. D. 1917, and, after due and diligent search and in- quiry, I am unable to find any property belonging to the defendant therein named in said county. NOTE. — It may be made returnable not less than ten nor more than sixty days after its receipt by the office: California, Code Civ. Proc, sec. 683. 619 Execution. Forms 1674^1677 No. 1674. Order to Release Levy. [Title of Court and Cause.] The sheriff of the city and county of San Francisco is hereby directed to release from levy all the property seized by him by virtue of the writ of execution issued in the above-entitled suit. Dated, •. , Attorney for Plaintiff. NOTE. — Such orders are obeyed by ofiicers upon the principle that the person who gives an order may revoke it in the absence of intervening rights of others of which the officer has notice. No. 1675. Notice of Levy on Real Property. State of , County of Notice is hereby given that, under and by virtue of a writ of execu- tion, of which the within is a true copy, I have this day levied upon all the right, title, claim, and interest of , said defendants, and each of them, in and to the following described real property, standing on the records of said county in the name of , said property being particularly described as follows, to wit: . Dated this day of , 19 — . [Signature.] NOTE.— Arizona, Rev. Stats. (Civ. Code 1913), sec. 1,364; California, Code Civ. Proc, sees. 542, 688, 904; Montana, Rev. Codes 1907, sees. G821, 7063; Utah, Comp. Laws 1907, sec. 3240. This notice is to be indorsed on, or attached to, a copy of the writ. No. 1676. "Bail" for Stay of Execution— Wyoming. [Title of Court and Cause.] We jointly and severally acknowledge ourselves bail for the defend- ant, , for the payment of the above judgment, together with the interest and costs accrued and to accrue. [Signatures.] No. 1677. Bond for Stay of Execution— Washington. [Title of Court and Cause.] Whereas has obtained a judgment before , one of the jus- tices of the peace in and for county, on the day of , 19 — , against , for dollars ($ ) : Now therefore I, acknowl- edge myself bound to in the sum of dollars ($ ), this bond to be void if such judgment shall be paid at the expiration of one month after the time it was rendered. Dated the day of , 19 — . [Signature.] Forms 1678, 1679 Cowdery's Form Book. 620 No. 1678. Certificate of Levy— Colorado. State of , County of , ss. I hereby certify that, by virtue of a certain writ of execution to me directed from the ■ court of county, in favor of , against dated the day of , 19—, I did, on this day of , 19 — , levy upon the following real estate, namely : [Official signature.] NOTE.— See Colo. Mill's Ann. Stats. 1912, sec. 4191. No. 1679. Execution on Judgment for Restitution. [Title of Court and Cause.] State of , County of ,ss. To the Sheriff, or Any Constable, of Said County: Whereas in a certain action for the forcible entry and detention of the following described premises, to wit: lately tried before the above - entitled court, wherein was plaintiff and was defendant, judg- ment was rendered on the day of , 19 — , that the plaintiff, , have restitution of said premises, and also that he recover costs and disbursements in the sum of dollars ($ ) : In the name of the state of , you are therefore hereby commanded to cause the defendant to be forthwith removed from said premises, and said plaintiff to have restitution of the same ; also, that you levy on the goods and chattels of said defendant, and make the costs and dis- bursements aforesaid, and all accruing costs ; and of this writ make legal service and due return. Witness my hand and official seal this day of , 19 — . [Seal] [Official sig-nature.] NOTE. — Kansas, Uen, Stats. 1915, sec. 7875. EXECUTION SALES. 1699. Notice of Bherlflf's sale of real property. 1700. Notice of constable's sale. 1701. Notice of sale — Montana and Utah. 1702. Notice of postponement of sale. 1703. Notice of sale of personal property, and of postponement of sale. 1704. Return of levy on, and sale of, real property. 1705. Return of sale of real estate. 1706. Return of levy on, and sale of, personal property. 1707. Certificate of sale of real property on execution. 1708. Certificate of sale of personal property on execution. 1709. Acknowledgment by deputy sheriff. 1710. Certificate of sale of corporate stock ordered by court to be sold. 1711. Deed to parcliaser in California. 1712. Certificate of redemption. 1713. Complaint by purchaser at sheriff's sale. 621 Execution Sales. Forms 1699, 1700 No. 1699. Notice of Sheriff's Sale of Real Property. Under and by virtue of an execution issued out of the court of the county of , state of , in an action wherein was plain- tiff and defendant, upon a judgment rendered on the day of , 19 — , in favor of said plaintiff and against said defendant, for the sum of dollars ($ ), current lawful money of the United States of America, with interest and costs, I have this day levied upon all the right, title, claim, and interest of said defendant in and to the following described real property,_to wit: ; and Notice is hereby given that I will, on the day of , 19 — , at o'clock A. M. of said day, at sell at public auction, for cur- rent lawful money of the United States of America, all the right, title, claim, and interest of said defendant in and to the above-described prop- erty, or so much thereof as may be necessary to satisfy said judgment, with interest and costs, and accruing costs, to the highest bidder. Dated this day of , 19 — . [Signature.] NOTE.— Alaska, Comp. Laws 1913, sec. 1110; Arizona, Eev. Stats. (Civ. Code 1913), sec. 1367; California, Code Civ. Proc, sees. 692, 904; Colo- rado, Mill's Ann. Stats. 1912, sec. 4192; Hawaii, Rev. Code 1915, sec 2457; Idaho, Rev. Code® 1907, sec. 4482; Kansas, Gen. Stats. 1915, sec. 7357; Montana, Rev. Codes 1907, sees. 6828, 7063; Nebraska, Rev. Code 1913, sec. 8075; Nevada, Rev. Laws 1912, see. 5290; New Mexico, Stats. Ann. 1915, sees. 2195, 2196; North Dakota, Comp. Laws 1913, sees. 7744, 7745; Oklahoma, Harris & Day's Code 1910, sec. 5165; Oregon, Lord's Oregon Laws, sec. 237; South Dakota, Comp. Laws 1913, sec. 5142; Utah, Comp. Laws 1907, sec. 3249; Washington, Rem. Code, sec. 582; Wyoming, Comp. Stats. 1910, sees. 4694, 4733. No. 1700. Notice of Constable's Sale. By virtue of an execution issued out of the court of , justice of the peace of township, county of , state of , dated the (Jay of , 19 — , in a certain action wherein , as plaintiff, recov- ered judgment against , defendant, for the sum of dollars ($ ), current lawful money of the United States, and costs of suit, taken at dollars ($ ) and cents, on the day of , 19 — , I have levied upon the following described property, to wit : Notice is hereby given that on , the day of , 19 — , at o'clock A. M. of that day, in front of the courthouse in the county of , I will sell all the right, title, and interest of said , the defendant, in and to the above-described property, at public auc- tion, for cash, in current lawful money of the United States, to the highest and best bidder, to satisfy said execution and all costs. Dated at this day of , 19—. , Constable. Forms 1701-1703 Cowdery's Form Book. 622 No. 1701. Notice of Sale— Montana and Utah. Sheriff's Sale. , Plaintiff, v. , Defendant. To be sold at sheriff's sale, on the day of , 19—, at . , Sheriff. NOTE.— Montana, *Eev. Codes 1907, sec. 6828; Utah, Comp. Laws 1907, sec. 3249. Any sheriff publishing a notice not in accordance with this form, ana winch shall cost more than such a notice, shall not be entitled to any costs for publication of the same, but shall be personally liable for the payment of such publication. The form in Utah is the same as in Montana, except that it has added thereto the title of the court. No. 1702. Notice of Postponement of Sale. Notice is hereby given that the sale above referred to was this day by me postponed until , 19—, when it will take place as above stated. Dated , 19—. [Signature.] NOTE.— This form is to be attached to the original notice of sale. No. 1703. Notice of Sale of Personal Property, and of Postponement of Sale. Under and by virtue of an execution issued out of the court of county, state of , in an action wherein was plaintiff and defendant, upon a judgment in favor of said plaintiff and against said defendant for the sum of dollars ($ ), with interest and costs of suit, and to me directed and delivered, which execution was duly attested the day of , 19—, I have levied on all the right, title, claim, and interest of said defendant in and to the following de- scribed property, to wit: . Notice is hereby given that on , 19 — , at o'clock A. M., at , I will sell the above-described property, or so much thereof as may be necessary to satisfy plaintiff's claim, besides costs and interest, and accruing costs, at public auction, to the highest bidder, for cash. [Signature.] Notice. — The above sale is hereby postponed until , , 19—, at o'clock A. M. [Signature.] NOTE. — ^This general form is applicable to various kinds of property; but care must be exercised in the manner of giving notice, and the time of notice, according to the various kinds of property to be sold. Notice must be given as required by the statute, and a heavy penalty is attached for selling without notice: See Cal. Code Civ. Proc, sees. 692, 693. €23 Execution Sales. Form 1704 No. 1704. Return of Levy on, and Sale of, Real Property. State of , County of , ss. I, , sheriff of the county of , hereby certify that I received the within execution on the day of 19 — ; that, by virtue thereof, I did, on the day of ■ — — , 19^, levy upon the following described real property, to wit: ; tliat I noticed the same for sale, as the law directs, by posting written notice, containing a particular description of the property, of the time and place of sale, for twenty days successively in tliree public places of the township where said property is situated, and also wliere said property was to be sold, and publishing a copy thereof once a week for the same period in the , a newspaper of general circulation printed and published in said town- ship of ; that, on the day of , 19 — , at o'clock A. M. of said day, at in said county, the time and place fixed for said sale, I attended and offered for sale, at public auction, for current law- ful money [or gold coin] of the United States of America, the property above described, and sold the whole of the same to , for the sum of dollars ($ ), in current lawful money of the United States of America, said being the highest bidder for the same, and said sum being the highest bid for said property, [or, where the property consists of several known lots or parcels, say: "And I sold the same separately; lot [giving its name or number] to [giving name of purchaser], for the sum of dollars ($ ), in current lawful money [etc. ; or as the case may be] ; lot [in the same way] ; and lot [likewise] ; said being the highest bidder for lot [1; or as it may be], and said sum being the highest bid for the same; said being the highest bidder for lot [2 ; or as it may be] , and said sum being the highest bid for the same [and so on] ; and the aggregate amount of dollars ($ ), being the highest bid for the property sold as aforesaid] ; and that I gave such purchaser a certificate of said sale, and filed a duplicate thereof for record with the recorder of said county of ; and I hereby return said execution satisfied. [Omit this clause as to satisfaction, where the proceeds of the sale are insufiicient to satisfy the judgment, and say : "I have been unable, after due search and diligent inquiry, to find any other property of the within named defendants, or either of them, not exempt from execution, in said county, out of which to make the remainder of the judgment in said execution mentioned, or any part of said remainder; and I hereby re- turn said execution satisfied only in part, namely, in the sura of dollars ($ ).] I further certify that my fees, commission, and expenses, amounted to the sum of dollars ($ ), which I deducted from the said sum of dollars ($ ), leaving a net balance of dollars ($ ), Forms 1705, 1706 Cowdery's Form Book. 624 which I paid to plaintiff's attorney, whose receipt therefor is hereunto attached. Dated this day of , 19 — , [SigT^ature.] NOTE. — This return is to be indorsed on, or annexed to, the writ. No. 1705. Return of Sale of Real Estate. [Title of Court and Cause.] Office of the Sheriff, Of the City and County of San Francisco, — ss. I, A. B. C, sheriff of the city and county of San Francisco, do hereby certify : That, by virtue and in pursuance of the annexed order of sale, I ad- vertised the property described in said order, and as follows, to wit [description], to be sold by me in front of the City Hall, in the city of San Francisco, on the first day of April, 1917, at twelve o'clock, noon ; that previous to said sale I caused due and legal notice thereof to be published once in each week for three weeks successively, immediately before said sale, in the D. E. B., a daily newspaper published in the city and county of San Francisco, and caused said notice to be posted in three of the most public places in the city of San Francisco for the same period preceding such sale, and that on the first day of April, 1917, the day on which said premises were so advertised to be sold, as aforesaid, I attended at the time and place fixed for said sale, and ex- posed the said premises for sale in one parcel, at public auction, accord- ins? to law, to the highest bidder for casli. United States gold coin, when J. D., being the highest bidder therefor, the said premises were struck off by me to the said J. D. for the sum of one thousand dollars, gold coin, of the United States, which was the whole price bid, and which I acknowledge to have received; and that I delivered to said purchaser a certificate of said sale, and filed a duplicate thereof in the office of the county recorder of the said city and county. Dated, . [Signature.] NOTE. — California, Code Civ. Proc, sec. 683. No. 1706. Return of Levy on, and Sale of, Personal Property. State of , County of , ss. I, , sheriff of the county of , hereby certify that I received the within execution on the day of , 19— ; that by virtue there- of I did, on the day of , 19—, levy upon the following de- scribed personal property, to wit : ; that I noticed the same for sale, as the law directs, by posting written notice, containing a particular description of the property, of the time and place of sale, for days 625 Execution Sales. Form 1707 successively, in three public places of the township wherein said prop- erty was to bo sold ; that on the day of , 19~, at o'clock A. 'm. of said day, at , in said county, the time and place fixed for said sale, I attended and offered for sale, at public auction, for current laAvful money [or gold coin] of the United States of America, the prop- erty above described, and sold the whole of the same [or sufficient there- of to satisfy said execution] to various persons, in such separate parcels as were likely to bring the highest price, for the sum of dollars ($ ), current lawful money of the United States of America, said purchasers being the highest bidders, and said sum being the highest bid, in the aggregate, for said parcels; and that, upon request, and after payment of the purchase money, I delivered to each purchaser a certifi- cate of said sale and filed a duplicate thereof for record with the re- corder of said county of : and I hereby return said execution satisfied. I further certify that my fees, commission and expenses amounted to the sum of dollars, which I deducted from said sum of dollars, leaving a net balance of dollars, which I paid to plaintiff's attorney, whose receipt therefor is hereunto attached. [Dated.] [Signature.] NOTE. — Notice must be for not less than five nor more than ten days, except in the case of perishable property, when the notice must be for a "roasonable" time, considering the character and condition of the property: California Code Civ. Proc, sees. 683, 692, 694, 69S, 699, 700a, 904. Alaska, Comp. Laws, 1913, sec. 1100; Colorado, Mill's Ann. Stats. 1912, sec. 4177; Montana, Eev. Codes 1907, sees. 6816, 6828, 6830, 6834-6836. This return is to be indorsed on, or annexed to, the writ. No. 1707. Certificate of Sale of Real Property on Execution. [Title of Court and Cause.] State of , County of , ss. Under and by virtue of a writ of execution in the above-entitled cause, attested the day of , 19—, issued on a judgment entered in said cause, in favor of plaintiff and against defendant, on the day of , 19 — , by which writ the undersigned was commanded to make the sum of dollars ($ ) to satisfy said judgment, with interest and costs, out of the personal property of , defendant in said ac- tion, and, if sufficient personal property could not be found, then out of the real property belonging to said defendant on the day of ^ 19 — , or at any time thereafter, as by said writ, hereby referred to, more fully appears: I, , sheriff of the county of , state of , do hereby certify that I have levied upon, and this day sold, at public auction, according to law, to [give name of purchaser; or, where there are several purchasers, give the name of each purchaser after each parcel described, Form Book — 40 Form 1707 Cowdery's Form Book. 626 as shown below], he being the highest bidder, for dollars ($ ), all the right, title, and interest of said defendant, , in and to that real property situate in the county of , state of , described as follows: ; That said property was sold in one [or, if sold in several parcels, number and describe each parcel, and, after each description, state to whom sold, and for what amount] parcel; that the highest price bid therefor was dollars ($ ), [or, for each distinct lot and parcel thereof was as follows: for parcel one, above described, dollars ($ ), for parcel two, dollars ($ ) (and so on, stating price paid for each parcel, by number) ; and that the whole price paid for all of said parcels was dollars ($ ), stating the aggregate paid], which sum was the whole price paid therefor; and that said property is subject to redemption in years in lawful money [or gold coin] of the United States. Witness my hand this day of , 19 — . [Signature.] NOTE. — California, Code Civ. Proc, sees. 694, 700a; Alaska, Com p. Laws, 1913, sec. 1118; Arizona, Eev. Stats. 1913, par. 1373; Montana, Rev. Codes 1907, sec. 6836; Utah, Comp. Laws 1907, sec. 3260; Washington, Eem. Code, sec. 584. The officer must give to the purchaser a certificate, and file a duplicate thereof for record in the office of the county recorder of the county: See Cal. Code Civ. Proc, sec. 700a. All sales of property under execu- tion must be made at auction, to the highest bidder, between the hours of nine in the morning and five in the afternoon. After sufficient property has been sold to satisfy the execution, no more can be sold. Neither the officer holding the execution nor his deputy can be purchaser, or interested in the purchase, at such sale. When the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or when part thereof is claimed by a third person, and he requires it, such part must be thus sold. The judgment debtor, if present, may direct the order in which property shall be sold, if it consists of several known lots or parcels: See Cal. Code Civ. Proc, sec. 694. In Washington, the sheriff shall proclaim aloud at the place of sale in the hearing of all the bystanders: "I am about to sell the following tracts of real estate [here reading the description] upon the following execution" (here reading the execution). He shall also state the amount which he is required to make upon the execution, which shall include damages, inter- ests, and costs up to the day of sale, and increased costs. He shall then offer the land for sale, the lots and parcels separately or together, as he shall deem most advantageous. All land, except town lots, shall be sold by the acre: See Wash. Rem. Code, sec 587. As to how sales of property are made in other states and territories, see Alaska, Comp. Laws 1913. sec. 1111; Arizona, Eev. Stats. 1913, pars. 1340, 1368; Colorado, Mills' Ann. Stats. 1912, sees. 4173, 4192; Montana, Rev. Codes 1907, sec. 6830; Utah, Comp. Laws 1907, sec. 3254; Washington, Rem. Code, sec 583. A heavy statutory penalty is imposed for selling property without the prescribed notice: See Cal. Code Civ. Proc, sec. 693; Idaho, Rev. Codes 1909, sec. 4483; Montana, Eev. Codes 1907, sec. 6829; Utah, Comp. Laws 1907, sec 3250. 627 Execution Sales. Forms 1708-1710 No. 1708. Certificate of Sale of Personal Property on Esecution. State of , County of , ss. I, sheriff of the county of , state of , do hereby certify that under and by virtue of an execution issued out of the court of the county of , state of , upon a judgment rendered on the . day of , 19—, in favor of the plaintiff and against tlie defend- ant, in an action wherein was plaintiff and defendant, which execution was attested the day of , 19—, and by which I was required to make the sum of dollars ($ ), with interest and costs, to satisfy said judgment, out of the personal property of said defendant, if sufficient personal property could be found, all of which more fully appears from said execution, to which reference is hereby made : I levied on the following-described personal property, to wit: ; and, at , on the day of , 19—, duly sold all the right, title, and interest of the judgment debtor in and to the same at public auction, according to law, and, after due and legal notice, to who made the highest bid therefor at such sale, for the sum of dollars ($ ), current lawful money [or gold coin] of the United States of America and which said sum was the whole price paid for said property. Dated this day of , 19 — . [Signature.] NdTE.— See Cal. Code Civ. Proc, sees. 69S, 699, 700a, 904; Alaska, Comp Laws, 1913, sec. 1113; Arizona, Rev. Stats. 1913, pars. 1371, 1372; Idaho. Rev. Codes, 1907, sees. 4488, 4489; Montana, Rev. Codes 1907, sees. 6834, 7063; Utah, Comp. Laws 1907, sees. 3258, 3259. No. 1709. Acknowledgment by Deputy Sheriff. State of , County of , ss. On this day of , in the year 19—, before me, a in and for said county, personally appeared , known to me to be the person who is described in, and whose name is subscribed to, the within instru- ment as deputy sheriff of said coiinty, and acknowledged to me that he subscribed the name of thereto as sheriff of said county, and his own name as depiity sheriff. Subscribed and sworn to [etc.]. [Official signature.] No. 1710. Certificate of Sale of Corporate Stock Ordered by Court to be Sold. State of , County of , ss. I, , sheriff of the county of , state of , do hereby certify that, under and by virtue of a certified copy of the judgment rendered Form 1711 Cowdery's Form Book. 628 in favor of the plaintiff and against the defendant, on the day of , 19 — , in an action in the court of the county of , state of , wherein was plaintiff and defendant, and which said copy, under the seal of said court, was directed to and served upon me on the day of , 19 — , requiring me, as such sheriff, to sell the hereunto annexed certificate of stock according to law, and apply the proceeds of such sale towards the satisfaction of the judgment in said action, amounting to the sum of dollars ($ ), current lawful money of the United States of America [or gold coin] with interest and costs of suit : I duly sold, at , on the day of , 19 — , at o'clock A. M. in said county, at public auction, according to law, and after due and legal notice, the hereunto annexed certificate of stock in said order of sale described, for the sum of dollars ($ ), current lawful money of the United States of America, to , who made the highest bid therefor at such sale, and which said sum was the whole price paid for said certificate of stock. [Signature.] NOTE.— CaKfornia, Code Civ. Proc, sees. 684, 904; Idaho, Eev. Codes 1907, sec. 4473; Utah, Comp. Laws 1907, sec. 323S. The authority of the officer upon execution under a money judgment is broader than it is in a proceeding for which the above form is prescribed. In the latter case, he can only make a sale of the property directed to be sold and apply the proceeds as ordered by the court: Hooper v. McDade, 1 Cal. App. 733, 737, 82 Pac. 1116. No. 1711. Deed to Purchaser in California. This deed, made this day of , nineteen hundred and , by sheriff of the county of , state of , grantor, to , grantee, witnesseth : Whereas, under and by virtue of a writ of execution issued out of, and under the seal of, the court, county of , state of , and tested the day of , 19 — , upon a judgment recovered in said court on the day of , 19 — , in an action then pending therein, in favor of and against , which writ was directed and delivered to said sheriff, commanding him that of the personal property of said judgment debtor in his county he cause to be made certain moneys in said writ specified ; and if sufficient personal property of said judgment debtor could not be found, that then he should cause said specified sums of money to be made out of the real property in his county belonging to said judgment debtor on the day of , 19 — , [date specified in the writ on which the lien attached, which must be when the judgment was docketed, or, if the execution issued to another county, on the day when the transcript was filed in the office of the recorder of such county,] or at any time afterward; and because sufficient personal property of said judgment debtor could not be found whereof said sheriff could cause to be made the money specified in said writ, he did, in obedience 629 Execution Sales. Form 1712 thereto, levy on aiul seize all the right, title, interest, and estate which said judgment debtor had in and to the real estate hereinafter de- scribed; and after due notice given as required by law, said sheriff did, on the day of , 19—, at o'clock A. M., sell said premises at public auction, at , in said county of ; and said became the purchaser of said property at such sale, for the sum of dollars ($ ), he being the highest bidder and that sum the highest bid there- for, which sum said purchaser duly paid to said sheriff, and thereupon said sheriff delivered to said purchaser his certificate of sale, and filed and caused to be recorded a duplicate thereof in the office of the county recorder of said county of , as required by law; and having expired since the date of said sale, and no redemption of said premises having been made by any person [or, that said purchaser, on the day of , 19—, duly assigned and transferred all his right, title, and interest in said property and said certificate of sale to , who is now the owner and holder thereof; or, that said premises were duly redeemed from said sale, by , a redemptioner legally entitled to so redeem the same, on the day of , 19—], and the statutory time for making any other or any redemption having expired and no other redemption having been made: Now, therefore, in consideration of the premises and of said sum so paid as aforesaid, and in compliance with the statute, said grantor, sheriff as aforesaid, does hereby grant, bargain, sell, and convey to said grantee, and his heirs and assigns, all right, title, interest, and estate which said judgment debtor, , has, or had on the day of , 19 — ^ the day on which said judgment was docketed against him, or at any time thereafter, in and to the real property situate in the county of , state of , described as follows : . Together with all tenements, hereditaments, and appurtenances there- unto belonging. To have and to hold said premises with the appurtenances unto said grantee and to his heirs and assigns forever. In witness whereof said grantor, as sheriff aforesaid, doth hereunto set his hand and seal the day and year first above written. [Seal] [To be acknowledged.] NOTE.— California, Code Civ. Proc, sec. 703. No. 1712. Certificate of Redemption. [Title of Court and Cause.] State of , County of f ss. I hereby certify that , the judgment debtor in the case of V. , has redeemed from me the following described real estate, to ^v;t. , sold under execution to satisfy the said judgment in said action, Form 1713 Cowdery's Form Book. 630 and purchased by me at the execution sale thereof; and said judgment and sale are no longer liens on said property. [Signature.] [To be acknowledged.] NOTE.— California, Code Civ. Proc, sec. 703; Alaska, Comp. Laws, 1913, see. 1121; Arizona, Eev. Stats., par. 1375; Idaho, Eev. Codes 1907, sec. 4493; Montana, Eev. Codes 1907, sec. 6839 j Utah, Comp, Laws 1907, sec. 3263; Washington, Eem. Code, sec. 597. ■ Wo. 1713. Complaint by Purchaser at Sheriff's Sale. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the tenth day of March, 1917, one A. B. was the owner in fee of the following described premises [description of premises]. 2. That the said premises were at the time subject to the lien of a judgment recovered by one C. D. against E. F., in an action in the superior court of the county of Fresno, in this state, which judgment was docketed in said county [or state the county], and that the sheriff of said county, by virtue of an execution issued thereon, sold the same. 3. That at such sale the plaintiff became a purchaser, and the sheriff executed and delivered to him a certificate of the said sale, and on the twenty-sixth day of March, 1917, and before this action, executed and delivered to plaintiff a deed of the premises pursuant to the said sale thereof, and the plaintiff paid the purchase money therefor. 4. That intermediate the sale and delivery of the deed, the defendant being in possession [allege act of waste and damage, against form of the statute]. Wherefore [etc.]. [Signature.] EXECUTORS AND ADMINISTRATORS. 1744. Petition for appointment of special administrator. 1745. Order appointing special administrator. 1746. Bond of special administrator. 1747. Special letters of administration. 1718. Petition for letters of administration. 1749. Petition for letters of administration — Another form. 1750. Request for appointment of administrator. 1751. Notice of application for letters of administration. 1752. Affidavit of posting notice of application for letters of administra- tion. 1753. Opposition to appointment of administrator. 1754. Opposition to appointment of administrator — Another form. 1755. Order appointing administrator. 1756. Order appointing as administrator guardian of person entitled to letters of administration. 1757. Bond of administrator. 1758. Letters of administration with oath of administrator. 1759. Letters of administration— Statutory form— Nevada. 631 Executors and Administrators. 1760. Letters of administration — Statutory for.n — North Dakota. 1761. Letters of administration — Statutory form — Oklahoma and South Dakota. 1762. Letters of administration — Statutory form — Oregon. 1763. Letters of administration — Statutory form — Utah. 1764. Letters of administration — Statutory form — Washington. 1765. Letters of administration — Statutory form — Wyoming. 1766. Objections to appointment of executor. 1767. Letters testamentary. 1768. Letters testamentary — Statutory form — Nevada. 1769. Letters testamentary — Statutory form — Oregon. 1770. Letters testamentary — Statutory form — North Dakota. 1771. Letters testamentary — Statutory form — Oklahoma and South Dakota. 1772. Letters testamentary — Statutory form — Utah. 1773. Letters testamentary — Statutory fonn — Washington. 1774. Letters testamentary — Statutory form — Wyoming. 1775. Petition for letters of administration with the will annexed on re- nunciation by executor. 1776. Petition for letters of administration with will annexed on death of executor. 1777. Order appointing administrator with the will annexed v/hen execu- tor's right to appointment is forfeited. 1778. Letters of administration with the will annexed, will not appointing executor. 1779. Letters of administration with the will annexed — Executor dying after qualifying. 1780. Letters of administration with will annexed — Statutory form — Cali- fornia. 1781. Letters of administration with the will annexed — Statutory form — Nevada. 1782. Letters to testamentary administrator — Statutory form — North Dakota. 1783. Letters of administration with will annexed — Statutory form — Okla- homa and South Dakota. 1784. Letters of administration with will annexed — Statutory form — Utah. 1785. Letters of administration with will annexed — Statutory form — Washington. 1786. Letters of administration with the will annexed — Statutory form — Wyoming. 1787. Bond of executor with more than two sureties. 1788. Affidavit that executor's bond is insufficient. 1789. Petition for order requiring administrator to give new bond. 1790. Petition for order requiring administrator to give new bond — An- other form. 1791. Petition to require administrator who Is wasting estate to give fur- ther security. 1792. Citation to administrator to show cause why he should not give fur- ther security. 1793. Order for administrator to give further security. 1794. Order revoking letters for failure to file new bond. 1795. Petition of surety to be released from bond of administrator. 1796. Order for citation on petition for release of surety. 1797. Citation to administrator on release of surety. 1798. Order releasing surety. 1799. Order that executor give bond where will requires none. 1800. Order adjudging that person named in will as executor has forfeited his right to letters. 1801. Executors acting one for the other. 1802. Order establishing the fact that one of two executors is absent from the strvte. 1803. Executor's contract to pay debt of estate. Cowdery's Form Book. 632 1804. 1805. 1806. 1807. 1808. 1809. 1810. 1811. 1812. 1813. 1814. 1815. 1816. 1817. 1818. 1819. 1820. 1821. 1822. 1823. 1824. 1825. 1826. 1827. 1828. 1829. 1830. 1831. 1832. 1833. 1834. 1835. 1836. 1837. 1838. 1839. 1840. 1841. 1842. 1843. Order suspending executor. Order directing notice to suspend executor. Notice cf suspension of executor. Order reinstating suspended administrator. Order directing executor to show cause why his letters should not be revoked for failure to return account of sale. Order directing notice of proceedings for removal of executor to be given by publication and mail. Order removing administrator for failure to give notice to creditors. Affidavit for removal of executors for mismanagement. Complaint by executor for citation to person alleged to have con- cealed or embezzled property. Order removing administrator after contest of his account. Order directing executor to file statement. Order directing administrator to show cause why he should not be removed for omitting to cause after-discovered property to be appraised. Order suspending the powers of administrator until it can be deter- mined if he has wasted estate. Petition to revoke letters of administration and to grant them to a person claiming under prior right. Citation to administrator to show cause why letters should not be revoked. Order revoking letters and issuing others to person having prior right. Petition to revoke letters testamentary and appoint petitioner where executor has removed from state. Petition to revoke letters testamentary and appoint petitioner where executor is nonresident and was when appointed. Order accepting resignation of testamentary trustee. Order appointing trustee under will. Petition and complaint asking for a citation to show cause why a bank should not pay a deposit to administrator of depositor. Order directing citation to banker et al. in proceedings to recover unclaimed deposits. Order approving of administrator's payment of debt without credi- tor's affidavit. Petition for order directing surviving partner to render account. Order directing surviving partner to render an account. Order for the payment of debts of insolvent estate. Clause in order for payment of debts that claim disputed or contin* gent not due be paid Into court. Petition for an order directing executor to Invest funds of an estate. Order directing publication notice of application for order directing executor to invest moneys of an estate. Notice of hearing of petition to Invest funds. Order directing executor to invest moneys in bonds. Order confirming sale of contract to purchase land. Petition for an order directing executor to convey land under a con- tract with deceased. Order appointing time for hearing petition for order directing con- veyance of land. Objections to petition for order directing administrator to convey land. Order dismissing without prejudice petition for order to convey land. Order denying petition for an order directing administrator to con- vey land. Order directing execution of deed. Order directing administrator to execute conveyance and surrender possession. Petition for continuation of administration. 633 Executors and Administrators. Form 1744 1844. Petition for authority to compromise claim. 1845. Order to compromise debt. 1846. Order approving an administrator's agreement to compound with a debtor. 1847. Decree of final discharge. 1848. Complaint by administrator. 1849. Complaint against administrator or executor. 1850. Application of creditors for executor to recover property. 1851. Order directing" administrator to recover property. 1852. Complaint against administrator with will annexed. 1853. Order that application for letters of administration and contest for letters will be heard together. 1854. Order appointing executor in place of executor removed because of contempt of court. CROSS-REFERENCES. See Accounts of Executors and Administrators; Notice to Creditors; Pro- bate Homestead; Probate Lease; Probate Mortgage; "Wills; Wills, Con- test of; Wills, Probate of. Executors and Administrators — Special Notice of Probate Proceedings, No. 2790. Executor's or Administrator's First Account, No. 15. No. 1744. Petition for Appointment of Special Administrator. [Title of Court and Estate.] To the Honorable, the Judge of the Superior Court of the State of Cali- fornia in and for the County of Sacramento: Your petitioner states that he is qualified to serve as administratoi- of said estate, he being [the husband, or wife, or brother or sister, or one of the others enumerated in section 1365, Code of Civil Procedure]. That a petition is on file in said court praying for letters of adminis- tration on said estate on behalf of this petition. That there has been delay in the granting of letters of administration upon said estate, and there will probably be a longer delay before let- ters are granted, and it is necessary that someone should be author- ized to collect and preserve the property of said estate. Wherefore your petitioner prays that he be appointed special adminis- trator of said estate. NOTE. — The following statutes cover, generally, the subject of special administration: Alaska, Comp. Laws 1913, sec. 1612; Arizona, Rev. Stats. (Civ. Code 1913), sec. 827; California, Code Civ. Proc, sees. 1411-1417; Colo- rado, Mill's Ann. Stats. 1912, sec. 7908; Idaho, Rev. Codes 1907, sees. 5390- 5396; Kansas, Gen. Stats. 1915, sees. 4499-4504; Montana, Rev. Codes 1907, sees. 7470-7476; Nebraska, Rev. Code 1913, sees. 1341-1345; Nevada, Rev, Laws 1912, sees. 5926-5931; New Mexico, Stats. Ann. 1915, sec. 2228; North Dakota, Comp. Laws 1913, sees. 8667-8671; Oklahoma, Harris & Day's Code 1910, sees. 6282-6288; Oregon, Lord's Oregon Laws, sec. 1156; South Dakota, Comp. Laws 1913, sec. 5744; Utah, Comp. Laws 1907, sees. 3821-3S25; Wash- ington, Rem. Code, sees. 1420-1425; Wyoming, Comp. Stats. 1910, sees. 5506- 5512. Forms 1745-1747 Cowdery's Form Book. 634 ITo. 1745. Order Appointing Special Administrator. [Title of Court and Estate.] It is ordered that A. B. be, and he is hereby, appointed special ad- ministrator of the estate of C. D., deceased, to collect and preserve for the executor, or administrator, when hereafter appointed, all the goods, chattels, debts, and effects of the decedent ; all his incomes, rents, issues, and profits, claims, and demands, to take the charge and management of, enter upon and preserve from damage, vpaste, and injury, his real estate; and for such and all necessary purposes to commence and main- tain or defend suits and other legal proceedings as an administrator might or could; and it is ordered that letters be issued to him upon his filing a bond, to be approved by the judge of this court, in the sum of $10,000. Dated . f Judge. No. 1746. Bond of Special Administrator. [Title of Court and Estate.] Know all men by these presents: That we, J. W. as principal and J. D. and R. R. as sureties, are held, jointly and severally, firmly bound to the state of California in the sum of ten thousand dollars, lav.-ful money of the United States of America, to be paid to the said state of California, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this tenth day of May, 1917. The condition of the above obligation is such, that whereas, J. W. has been appointed special administrator of the estate of H. W., de- ceased: Now, therefore, if the said J. W. shall faithfully execute the duties of his trust according to the law, then this obligation to be void, otherwise to remain in full force and effect. [Justification.] [Signature.] No. 1747. Special Letters of Administration. [Title of Court and Estate.] J. W. is hereby appointed special administrator of the estate of H. W., deceased. Witness : W. A. S., clerk of the superior court in and for the city and county of San Francisco, with the seal of the said court affixed, this ninth day of May, 1917. State of California, County of , ss. I do solemnly swear that I will support the constitution of the United States, and the constitution of the state of California; and that I will 635 Executors and Administrators. Form 1748 faithfully discharge the duties of special administrator of the estate of , deceased, according to law. Subscribed and sworn to before me this day of , 19 — . Deputy County Clerk of the City and County of San Francisco. By order of the court. No. 1748. Petition for Letters of Administration. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: The petition of M. J., of said city and county respectfully shows: That T. J. died on or about the seventeenth day of May, 1917, in the city and county of San Francisco, state of California. That said deceased at the time of his death was a resident of the said city and county of San Francisco, state of California. That said deceased left estate in the said city and county of San Francisco, state of California, consisting of real and personal property. That the value and character of said property, so far as known to your applicant, are as follows, to wit: [Here give a description, condi- tion, and value of the property.] All of the above property was acquired by said deceased after his marriage to your petitioner, and is therefore common property. That the estate and effects for or in respect of which letters of ad- ministration are hereby applied for do not exceed the value of fourteen thousand one hundred and thirty-seven dollars. That the next of kin of said deceased, and whom your petitioner is advised and believes, and therefore alleges to be the heirs at law of said deceased, are your petitioner, aged forty years, residing at said city and county aforesaid, and J. J., aged twenty-three years, residing at the city of Sacramento ; W. J., aged eighteen years ; C. J., aged sixteen years, and E. J., aged fourteen years, residing with your petitioner at said city and county of San Francisco, the children of said deceased and your petitioner. That due search and inquiry has been made to ascertain if said de- ceased left any will and testament, but none has been found, and ac- cording to the best knowledge, information and belief, of your peti- tioner, said deceased died intestate. That your petitioner is the widow of said deceased, and therefore, as your petitioner is advised and believes, is entitled to letters of adminis- tration of said state. Wherefore, your petitioner prays that a day may be appointed for hearing this application; that due notice thereof be given by the clerk of said court by posting notices according to law, and that upon said Forms 1749, 1750 Cowdery's Foem Book. 636 hearing, and the proofs to be adduced, letters of administration of said estate may be issued to your petitioner. Dated . [Signature.] NOTE. — Alaska, Comp. Laws 1913, sec. 161S; Arizona, Kev. Stats. (Civ. Code 1913), sec. 793; California, Code Civ. Proc, sec. 1371 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 7900 et seq.; Hawaii, Rev, Code 1915, sec. 2189; Idaho, Rev. Codes 1907, sec. 5357; Kansas, Gen. Stats. 1915, sec. 4485; Mon- tana, Rev. Codes 1907, sec. 7438; Nebraska, Rev. Code 1913, sec. 1355; Nevada, Rev. Laws 1912, sec. 5899; New Mexico, Stats. Ann. 1915, se*. 2226; North Dakota, Comp. Laws 1913, sec. 8659; Oklahoma, Harris & Day's Code 1910, sees. 6250-6254; Oregon, Lord's Oregon Laws, sec. 1157; South Dakota, Comp. Laws 1913, sec. 5711 et seq.; Utah, Comp. Laws 1907, sec, 3817; Washington, Rem. Code, sec. 1390; Wyoming, Comp. Stats. 1910, see. 5513. In California, the petition must be in writing, signed by the applicant or his counsel, and filed with the clerk, stating the jurisdictional facts, and, when known to the applicant, he must state the names, ages, and residence of the heirs, and the value and character of the property. If the jurisdic- tional facts existed, but are not fully set forth, and are afterward proved in the course of administration, the decree or order of administration and subsequent proceedings are not void on account of such want of jurisdic- tional averments. No. 1749. Petition for Letters of Administration — Another rorm. [Title of Court and Estate.] The petition of , a resident of the county of , state of , respectfully shows : That died on or about the day of , 19 — , at the county of , state of ; That said deceased, at the time of death, was a resident of the county of , state of ; That said deceased left estate in the county of , state of , consisting of real and personal property; That said personal property is of the probable value of $ ; said real estate is of the probable value of $ ; and is described as follows [here insert description] ; That the heirs at law of said deceased are [here insert the names and relationship] ; That due search and inquiry have been made to ascertain if said deceased left a will and testament, but none has been found; That your petitioner is a of said deceased, and is entitled to letters of administration of said estate ; — Wherefore your petitioner prays that letters of administration of said estate be issued to him. No. 1750. Request for Appointment of Administrator. [Title of Court and Estate.] Whereas, H. S. has petitioned said court to be appointed adminis- trator of the estate of said S. W., deceased, he not being entitled to 637 Executors and Administrators. Forms 1751, 1752 receive said letters unless at the request of the person entitled to letters. Now comes M. W., the widow of said S. W., and an unmarried person, and, waiving her right to be appoinled administratrix of said estate in favor of said H. S., prays the court to grant the petition of said H. S. [Signature.] State of Nevada, County of Storey, — ss. M. W., being duly sworn, says: That she is a resident of the state of Nevada, county of Storey. That she is unmarried and the widow of S. W., who died in California, Januaiy 3, 1916. That her husband was the same person described in the petition of H. S. praying for letters of administration, filed in the superior court of the city and county of San Francisco on January 28, 1916. NOTE. — In California, administration may be granted to persons not otherwise entitled to it, at the written request of the person entitled. [When the person entitled is a nonresident of the state aflSdavits taken ex parte before any oflScer authorized by the laws of this state to take acknowledgments and administer oaths out of this state may be received as prima facie evidence of the identity of the party]: California, Code Civ. Proc, sec. 1379. No. 1751. Notice of Application for Letters of Administration. [Title of Court and Estate.] Notice is hereby given that M. J. has filed with the clerk of this court a petition, praying for letters of administration of the estate of T. J., deceased, and that Monday, the 15th day of June, 1917, at eleven o'clock A. M. of said day, at the City Hall, in the city and county of San Francisco, has been set for hearing said petition, when and where any person interested may appear and show cause why the said petition should not be granted. Dated . [Signatiire.] NOTE. — In California, when a petition for letters of administration is filed, the clerk gives notice by causing notices to be posted in at least throe public places in the county, one of which must be at the place where the court is held, containing the name of the decedent, the name of the appli- cant, and the time at which the application will be heard. Such notice must be given at least ten days before the hearing: California, Code Civ. Proc, sec. 1373. No. 1752. Affidavit of Posting Notice of Application for Letters of Administration. [Title of Court and Estate.] , first being sworn, deposes and says that he is deputy clerk of the aforesaid county; that he is not interested in said estate, nor a party thereto; that on the day of , 19 — , he posted three notices, of which the annexed is a copy, at three public places in said Forms 1753, 1754 Cowdery's Form Book. 638 county of , one of which was the place where said court Is held, one at the in in said county, and one at in in said county. Subscribed and sworn to before me this day of , 19 — . , County Clerk. No. 1753, Opposition to Appointment of Administrator. [Title of Court and Estate.] Now comes S. A. J., a son of said deceased, and objecting to the appointment of M. A. J. [mother of this objector and widow of said deceased], administratrix of this estate; for reasons why she should not be appointed alleges: That said M. A. J. is a nonresident of this state and a resident of the state of Nevada; That she is incompetent to perform the duties of administratrix of said estate because of her want of understanding in this; She can neither read, write, nor speak the English language; and also because she has no knowledge of business, and has not sufficient business capacity to manage said estate; Or, she was on the tenth day of May, 1917, adjudged by the superior court of Sierra county, California, a court of competent jurisdiction. to be incompetent to transact business, and said adjudication has never been modified or set aside and is now in force ; and she is now incompe- tent as in said decree adjudged. This contestant further alleges that he is entitled, after his mother, to letters of administration on said estate. Wherefore this contestant prays that the application of said M. A. J. be denied and that letters be issued to this contestant. [Signature.] NOTE. — Any person interested may contest the application for letters of administration by filing opposition on the ground of the incompetency of the applicant, and may assert his own rights to the administration and pray for letters for himself: California, Code Civ, Proc, sec. 1374; Arizona, Rev. Stats. 1913, par. 796. No. 1754. Opposition to Appointment of Administrator — Another Form. [Title of Court and Estate.] Now comes , one of the heirs at law of , deceased, and hereby files his written opposition to the granting of the petition of , heretofore filed herein, praying that letters of administration be granted to him, said , upon the estate of , deceased, and alleges as follows : That said petitioner, , is under the age of majority; That said petitioner, , is not a bona fide resident of this state; That said petitioner, , has been heretofore convicted of an in- famous crime, to wit, forgery; that said conviction was had in the 639 Executors and Administrators. Forms 1755, 1756 court of the county of , in the state of , on the day of , 19—. Tliat said petitioner, , is incompetent to perform the duties of the trust of administrator of said estate by reason of his drunkenness, improvidence, want of understanding, and want of integrity; Wherefore petitioner prays tliat the application of said for let- ters of administration be denied, and that this court will make such other or further order in the premises as may be proper. No. 1755. Order Appointing Administrator. [Title of Court and Estate.] The petition of H. J., praying for letters of administration of the estate of T. J., deceased, coming on regularly to be heard, and due proof having been made to the satisfaction of this court that the clerk had given notice in all respects according to law; and all and singular the law and the evidence being by the court understood and fully con- sidered: Whereupon, it is by the court here adjudged and decreed that said T. J. died on the seventeenth day of May, 1917, intestate, in the city and county of San Francisco; that he was a resident of said city and county at the time of his death, and that he left estate in the city and county of San Francisco, and within the jurisdiction of this court. It is ordered that letters of administration of the estate of the said T. J., deceased, issue to the said petitioner, H. J., upon his taking the oath, and filing a bond according to law, in the sum of $10,700. Dated . ^ j^^g^ NOTE. — In California, on the hearing, it being first proved that notice has been given of the application, the court hears the proofs and then orders letters to issue to the party entitled: California, Code Civ. Proe., sec. 1375. No. 1756. Order Appointing as Administrator Guardian of Person En- titled to Letters of Administration. [Title of Court and Estate.] State of California, County of Butte, — ss It appearing that A. B. is, in order of precedence, entitled to letters of administration upon the estate of C. D., deceased, and it also appear- ing that A. B. is a minor, and that E. F. is his duly appointed, qualified and acting guardian of the person and estate of A. B., the said E. F. is hereby appointed administrator of the estate of C. D., deceased. Dated . ^ j^^gg j^OTE. — In such case letters may be issued in the discretion of the court: California, Code Civ. Proc, sec. 1368. If a minor is named executor another person may be substituted until the majority of the minor: California, Code Civ. Proc, sec. 1354. When such minor reaches his majority the guardian's letters may be re- voked and then issued to the former ward: California, Code Civ. Proc, sec 1383. Forms 1757, 1758 Cowdery's Form Book. 640 No. 1757. Bond of Administrator. [Title of Court and Estate.] Know all men by these presents: That we, H. J., principal, and J. S. and J. B., sureties, are held and .iointly and severally firmly bound to the state of California in the sum of ten thousand seven hundred dol- lars, lawful money of the United States of America, to be paid to the said state of California, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and adminis- trators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this sixteenth day of June, 1917. The condition of this obligation is such, that whereas, by an order of the superior court of the city and county of San Francisco, state aforesaid, duly made and entered on the fifteenth day of June, 1917, the above-bounden H. J., in the matter of the estate of T. J., deceased, was appointed administrator of the estate of [or, executor of the last will and testament of] said T. J., deceased, and letters of administra- tion were directed to be issued to him upon his executing a bond ac- cording to law, in the said sum of ten thousand seven hundred dollars. Now, therefore, if the said H. J., as such administrator [or executor], shall faithfully execute the duties of the trust according to law, then this obligation to be void; otherwise to remain in full force and effect. [Justification.] [Signatures.] NOTE. — Alaska, Comp. Laws 1913, sec. 1609; Arizona, Rev. Stats. (Civ. Code 1913), sees. 807-S30; California, Code Civ. Proc, sec. 1387 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 7923; Hawaii, Rev. Code 1915, sec. 2499; Idaho, Rev. Codes 1907, sec. 5371; Kansas, Gen. Stats. 1915, sec. 4487 et seq.; Montana, Rev. Codes 1907, sec. 7452 et seq.; Nebraska, Rev. Code 1913, sec. 1340; Nevada, Rev. Laws 1912, sec. 5911; New Moxieo, Stats. Ann. 1915, see. 2231; North Dakota, Comp. Laws 1913, sees. 8685, 8687; Okla- homa, Harris & Day's Code 1910, sec. G282; Oregon, Lord's Oregon Laws, sec. 1153; South Dakota, Comp. Laws 1913, sec. 5726; Utah, Comp. Laws 1907, sec. 3827; Washington, Rem. Code, see. 1395; Wyoming, Comp. Stats. 1910, sees. 5527-5547. No. 1758. Letters of Administration With Oath of Administrator. In the Superior Court of the State of California, in and for the County of . State of California, County of , ss. Letters of Administration. is hereby appointed administrator of the estate of , deceased. Witness, , clerk of the superior court of the county of , with the seal of said court affixed, this day of , 19 — . By order of the court. , Clerk, By , Deputy Clerk. 641 Executors and Administrators. Forms 1759, 1760 State of California, County of , ss. I do solemnly swear that I will support the constitution of the United States, and the constitution of the state of California; and that I will faithfully discharge the duties of administrator of the estate of Lewis Reed, deceased, according to law. Subscribed and sworn to before me, this day of , 19 — . , Deputy County Clerk. NOTE.— California, Code Civ. Proc, sec. 1362. The Arizona, Idaho and Montana Statutes are like the California, except that the court in Montana is the "district court" and the court in Arizona and Idaho is the "probate court": Arizona, Eev. Stats. 1913, par. 836; Idaho, Rev. Codes 1907, sec. 5341; Montana, Code Civ. Proc, see. 2422. No. 1759. Letters of Administration — Statutory Form — Nevada. [Title of Court and Cause.] This is to certify that, by order of the above-named court made and entered on the day of , 19 — , was appointed adminis- trat of the estate of , deceased, by virtue of which these letters are issued this day of , 19 — , — he having duly qualified. Witness my official signature, with the seal of the court affixed. NOTE.— Nevada, Rev. Laws 1912, sec. 5409. No. 1760. Letters of Administration — Statutory Form — North Dakota. State of North Dakota, County of , ss. Whereas, A. B. was appointed administrator [or special adminis- trator] of the estate of C. D., deceased, by order of the county court of said county of date , and has duly qualified accordingly : Now, therefore, know ye, that he, the said A. B., is authorized to enter upon the discharge of his duties as such administrator [or special ad- ministrator] and continue therein until the revocation of these letters. Given with the seal of said court hereto affixed the day of , 19—. [Seal] [Official signature of the judge.] NOTE.— North Dakota, Comp. Laws 1913, sec. 8091. Form Book — 11 Forms 1761-1764 Cowdery's Form Book. 642 No. 1761. Letters of Administration— Statutory Form— Oklahoma and Soutli Dakota. State of Oklahoma, County of . C. D. is hereby appointed administrator of the estate of A. B., deceased. Witness G. H., judge of the probate court of the county of , with the seal thereof affixed, the day of , 19—. [Seal and official signature of the judge.] NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 6244; South Dakota, Comp. Laws 1913, sec. 5702. No. 1762. Letters of Administration— Statutory Form— Oregon. State of Oregon, County of , ss. To All Persons to Whom These Presents Shall Come, Greeting: Know ye, that it appearing to the court aforesaid, that has died intestate,*^ leaving at the time of his death property in this state, such court has duly appointed administrator of the estate of such ; this, therefore, authorizes the said to administer the estate of the said , deceased, according to law. In testimony whereof, etc. [the same as in letters testamentary]. NOTE. — Lord's Oregon Laws, sec. 1175. . No. 1763. Letters of Administration — Statutory Form— Utah. State of Utah, County of . C. D. is hereby appointed administrator of the estate of A. B., deceased. Witness G. H., clerk of the district court, in and for the county of • , with the seal thereof affixed, the day of , — . By order of the court. [Seal] G- H., Clerk. NOTE'. — Utah, Comp. Laws 1907, sec. 3820. No. 1764. Letters of Administration— Statutory Form— Washington. State of Washington, County of . Whereas, A. B., late of , on or about the day of , died intestate, leaving at the time of his death property in this state subject to administration, now, therefore, know all men by these presents, 643 Executors and Administrators. Forms 1765-1767 that we do hereby appoint administrator upon said estate, and hereby authorize him to administer the same according to law. Witness my hand and the seal of said court this day of , 19—. NOTE.— Washington, Rem. Code, sec. 1393. No. 1765. Letters of Administration — Statutory Form — Wyoming. State of Wyoming, County of . C. D. is hereby appointed administrator of the estate of A. B., deceased. Witness G. H., clerk of the district court within and for the county of , with the seal thereto affixed, the day of , 19 — . [Signature.] NOTE.— Wyoming, Comp. Stats. 1910, sec. 5526. No. 1766. Objections to Appointment of Executor. [Title of Court and Estate.] Now comes A. F., and objecting to the appointment of petitioner C. D. as executor of the last will of E. F., deceased, represents to the court that the said C. D. is not competent to execute the duties of the trust of executor of said will by reason of his drunkenness [or by reason of his improvidence, or want of understanding, or want of integrity]. Petitioner further states that he is a brother of deceased and also a creditor of his estate. That the drunkenness of said C. D. is habitual. Wherefore petitioner prays that the petition of C. D. for letters be denied. NOTE. — For any of the reasons given in the text of this form and in the part in brackets the court may refuse letters to an applicant: California, Code Civ. Proc, sec. 1351. The practice is to file with the petition an appli- cation for letters with the will annexed for the objector or some other person. No. 1767. Letters Testamentary. [Title of Court and Estate.] The last will of P. C, deceased, a copy of which is hereto annexed, having been proved and recorded in the superior court of the county of Sacramento, T. M., who is named therein, is hereby appointed executor, with G. B. Witness, T. H. B., clerk of the superior court of the county of Sacra- mento, with the seal of the court affixed, the fourth day of May, 1917, [Signature.] Forms 1768-1770 Cowdery's Form Book. 644 State of California, City and County of Sacramento, ss. I do solemnly swear that I will perform, according to law, the duties of executor of the last will and testament of P. C, deceased. [Signature.] Subscribed and sworn to [etc.], NOTE.— See Cal. Code Civ. Proc, sec. 1360. The Arizona, Idaho and Montana Statutes are practically the same as the California, except that in Montana the court is the district court and in Arizona and Idaho it is the probate court: Arizona, Rev. Stats. 1913, par. 784; Idaho, Rev. Codes 1907, sec. 5348; Montana, Code Civ. Proc., sec. 2420. No. 1768. Letters Testamentary — Statutory rorm — Nevada. [Title of Court and Cause.] The last will of , deceased, having been duly admitted to probate in our said court, , who is named therein, was by our said court on the day of , 19 — , duly appointed executor, who having quali- fied as such (is) hereby authorized to act by virtue thereof. In testimony whereof I have officially signed these letters and affixed hereto the seal of said court, this day of , 19 — . NOTE.— Nevada, Rev. Laws 1912, sec. 5892. No. 1769. Letters Testamentary— Statutory rorm— Oregon. State of Oregon, County of , ss. To All Persons to Whom These Presents Shall Come, Greeting: Know ye, that the will of , deceased, a copy of which is hereto annexed, has been duly proven in the county court, for the county afore- said, and that , who is named executor therein, has been duly ap- pointed such executor by the court aforesaid; this therefore authorizes the said , to administer the estate of the said , deceased, accord- ing to law. In testimony whereof, I, , clerk of the county court, have here- unto subscribed my name and affixed the seal of said court, this day of , 19 — . [Seal] A. B., Clerk County Court. NOTE. — Lord's Oregon Laws, sec. 1174. No. 1770. Letters Testamentary— Statutory rorm— North Dakota. State of North Dakota, County of , ss. Whereas the last will of A. B., deceased, a copy of which is hereto annexed, has been duly proved and recorded in the county court of said county, and C. D. has been appointed executor thereof and has duly qualified pursuant to the order of said court, of date : 645 Executors and Administbatoes. Forms 1771-1773 Now, therefore, know ye, that he, the said C. D., is authorized to enter upon the discharge of his duties as such executor and continue therein until the revocation of these letters. Given with the seal of said court hereunto affixed the day of , 19—. [Seal] [Official signature of the judge.] NOTE.— North Dakota, Comp. Laws 1913, sec. 8689. No. 1771. Letters Testamentary — Statutory Form — Oklahoma and South Dakota. State of Oklahoma, County of . The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the probate court of the county of , C. D., who is named therein, is hereby appointed executor. Witness, G. H., judge of the probate court of the county of , with the seal of the court affixed, the day of , 19 — •. [Seal and the official signature of the judge.] NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 6242; South Dakota, Comp. Laws 1913, sec. 5702. No. 1772. Letters Testamentary — Statutory Form — Utah. State of Utah, County of . The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the district court in and for the county of , C. D. who is named therein as such, is hereby appointed executor. Witness G. H., clerk of the district court in and for the county of . Dated the day of , 19 — . By order of the court. [Seal] G. H., Clerk. NOTE.— Utah, Rev Stats. 1907, sec. 3804. No. 1773. Letters Testamentary — Statutory Form — Washington. State of Washington, County of . In the Superior Court of the County of . Wliereas, the last will of A. B., deceased, was, on the day of 19 — , duly exhibited, proven and recorded in our said superior court, a copy of which is hereto annexed ; and whereas, it appears in and by said will that C. D. is appointed executor thereon, now, therefore, know all Forms 1774, 1775 Cowdery's Form Book. 646 men by these presents, that we do hereby authorize the said C. D. to execute said will according to law. Witness my hand and the seal of said court this day of , 19—. [Signature.] NOTE.— Washington, Rem. Code, sec. 1387. No. 1774. Letters Testamentary — Statutory Form — Wyoming. State of Wyoming, County of . The last will of A. B., deceased, a copy of which is hereto attached, having been proved and recorded in the district court within and for the county of , C. D., who is named therein as such, is hereby aji- pointed executor. Witness G. H., clerk of the district court of the district within and for the county^ of , with the seal of the court affixed, the day of , 19 — . [Signed by the clerk.] NOTE.— Wyoming, Comp. Stats. 1910, sec. 5524. No. 1775. Petition for Letters of Administration With the Will An- nexed on Renunciation by Executor. [Title of Court and Estate.] To the Honorable Superior Court Aforesaid; Tlie petition of , of said county and state, respectfully represents : First. That died on or about the day of , 19 — , in county, California; and tliat at the time of his death he was a resident of said county and left therein an estate of real and personal property. Second. That said deceased left a last will and testament, which is herewith presented to this court for probate. Third. That your petitioner is a devisee under said will thereof; and that , the executor named in said will, renounces his rights to letters testamentary. Fourth. That the names, ages and residences of the devisees and legatees named in said will are as follows: , his widow, aged fifty years, residing in , California; , aged years, residing in , California; , aged sixty years, residing in , . Fifth. That the names, ages and residences of the heirs of said de- cedent are as follows : , liis widow, aged years, residing in , California ; , aged years, residing in , California ; and , aged years, residing in , California. Sixth. That the probable value and character of the estate of said decedent are as follows: . All of said estate is community prop- erty, with the exception of , which is separate property. The rents and income from said real property amount to annually. 647 Executors and Ad-ministrators. Forms 1776, 1777 Seventh. That the total value of said estate does not exceed thousand dollars. Wherefore, your petitioner prays that said will be admitted to pro- bate, and that letters of administration with the will annexed be issued to your petitioner; that for such purpose a time for proving said will be appointed, and that all persons interosted be notified and directed to appear at the appointed time; and that all other necessary and proper orders be made in the premises. Dated , 19—. , Petitioner. , Attorney for Petitioner. No. 1776. Petition for Letters of Administration With Will Annexed on Death of Executor. [Title of Court and Estate.] The petition of , a resident of the county of Sonoma, state of California, respectfully shows: That died on or about the day of , 19—, leaving a will in which your petitioner is a devisee. That on tlae day of , 19 — , said will was duly admitted to probate in this court, and letters testamentary were duly issued to , the executor named in said will. That on said said William Hudson duly qualified as executor of said v/ill, and thereupon entered upon the duties of his trust, and con- tinued in tlie discharge thereof until , 19 — . That on , 19 — , said William Hudson died, leaving the administra- tion of his decedent uncompleted; and that it is now necessary that an administrator with said will annexed be appointed. That the property of said estate thus left unadministered consists of personal property of the value of dollars, and real property of the vfilre of dollars, the rents and income of such real property amounting to dollars. Wherefore your petitioner prays that letters of administration with the will annexed be issued to him upon said estate. , Petitioner. , Attorney for Petitioner. No. 1777. Order Appointing Administrator With the Will Annexed When Executor's Right to Appointment is Forfeited. [Title of Court and Estate.] The petition of A. B. in the above-entitled matter praying for the ad- mission to probate of a paper filed in this court purporting to be the last will of C. D., deceased, also praying that he may be appointed ad- ministrator of the estate of said deceased, with the will annexed, upon tlie ground that E. F., the person named in said will as the executor thereof, has failed to petition this court for the probate of said will, and that letters testamentary be issued to him, for thirty days after he had Forms 1778, 1779 Cowdery's Form Book. 648 knov,^led-e of the death of said testator, and said matter having been submitted : It is ordered that said document be admitted to probate as the last will of C. D., deceased, and the said A, B. be, and he is hereby, appointed administrator of said estate with the will annexed, and that letters issue to him upon filing a bond in the sum of $10,000 and upon his taking the oath required by law. ^^*^^ • , Judge. NOTE. — The statutory conditions upon whicli such appointment may be made are recited in California Code of Civil Procedure, sec. 1301. An appointment on similar facts was sustained in Estate of McDonald, 118 Cal. 277, 50 Pac. 399. No. 1778. Letters of Administration With the Will Annexed, Will not Appointing Executor. [Title of Court and Estate.] State of California, County of Sacramento, — ss. The last will of A. M., deceased, a copy of which is hereto annexed, having been proved and recorded in the superior court of the city and county of Sacramento, and there being no executor named in the will, residing in this state, W. P. is hereby appointed administrator with the will annexed. Witness : T. H. B., clerk of the superior court, county of Sacramento, with the seal of the court affixed, the seventeenth day of April, 1917. By order of the court. [Signature.] NOTE. — There being no executor named in a will, the court will appoint an executor with the will annexed. In such case the person entitled to administer in case of intestacy is entitled to such letters; California, Code Civ. Proc, sees. 1350, 1353. No. 1779. Letters of Administration With the Will Annexed— Execu- tor Dying After Qualifying. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. The last will of F. R., having been admitted to probate in the above- entitled court, and J. C. R., having been appointed and qualified as executor of said will, and the said executor having died, before said estate is closed, C. R. is hereby appointed administrator, with the will annexed, of the estate of said F. R., deceased. [Siguature.] NOTE. — On the death of the sole surviving executor of a last will, letters of administration, with the will annexed, of the estate of the testator left unadministered must be issued: California, Code Civ. Proc, sec. 1353. If a will names two or more executors to serve upon the inability, declina- tion or death of the first executor, they will be appointed in the order pro- vided in the will: California, Code Civ. Proc, sec. 1350. 649 Executors and Administrators. Forms 1780-1782 No. 1780. Letters of Administration With Will Annexed— Statutory Form — California. State of California, County [or City and County] of The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the superior court of the county, or city and county, of , and there being no executor named in the vv'ill [or as the case may be], C. D. is hereby appointed administrator with the will annexed. Witness, G. H., clerk of the superior court of the county, or city and county of , witli the seal of the court affixed, the day of , 19—. By order of the court. [Seal] Q. H., Clerk. NOTE'. — California, Code Civ. Proc, sec, 1361. The Arizona, Idaho and Montana Statutes are practically the same as the California, except in the name of the court, which is "district court" in Mon- tana and "probate court" in Arizona and Idaho: Arizona, Rev. Stats. 1913, par. 785; Idaho, Rev. Codes 1907, sec. 5349; Montana, Code Civ. Proc, see. 2421. No. 1781. Letters of Administration With the Will Annexed— Statutory Form — Nevada. [Title of Court and Cause.] The last will of , deceased, having been duly admitted to probate in our said court and there being no executor named in said will [or as the case may be], was by our said court, on the day of , 19 — , duly appointed as administrator with the will annexed, and who having duly qualified as such, is hereby authorized to act by virtue thereof. In testimony whereof I have officially signed these letters and affixed hereto the seal of said court, this day of 1 19 — . NOTE. — Nevada, Rev. Laws 1912, sec. 5893. No. 1782. Letters to Testamentary Administrator — Statutory Form — North Dakota. State of North Dakota, County of , ss. Whereas, the last will of A. B., deceased, a copy of which is hereto annexed, has been duly proved and recorded in the county court of said county, and C. D. has been duly appointed testamentary adminis- trator to execute the same, and has duly qualified pursuant to the order of said court of date -; Forms 1783, 1784 Cowdery's Form Book. 650 Now, therefore, know ye, that he, the said C. D., is authorized to enter upon the discharge of his duties as such testamentary adminis- trrtor and continue therein until the revocation of these letters. Given with the seal of said court hereto affixed the day of , 19—. [Seal] [Official signature of the judge.] NOTE.— North Dakota, Rev. Code, sec. 8054; Comp. Laws 1913, see. 8690. No. 1783. Letters of Administration With Will Annexed— Statutory Form — Oklahoma and South Dakota. Territory of Oklahoma, County of . The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the probate court of the county of , and there being no executor named in the will [or, as the case may be], C. D. is hereby appointed administrator, with the will an- nexed. Vv^itness, G. H., judge of the probate court of the county of , with the seal of the court affixed, the day of , 19 — . [Seal and official signature of the judge.] NOTE.— Oklahoma, Harris & Day's Code 1910, sec. 6243; South Dakota, Comp. Laws 1913, sec. 5702. No. 1784. Letters of Administration With the Will Annexed— Statutory Form — Utals. State of Utah, County of . The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the district court in and for the county of , and there being no executor named in the will [or as the case may be], C. D. is hereby appointed administrator with the will annexed. Witness G. H., clerk of the district court in and for the county of Dated the day of , 19—. Bv order of the court. [Seal] Q. H., Clerk. NOTE.— Utah, Comp. Laws 1907, sec. 3805. 651 Executors and Administrators. Forms 1785-1787 No. 1785. Letters of Aclministration With the WiU Annexed— Statu- tory Form — Washington. State of Washington, County of . In the Superior Court of the County of . The last Avill of A. B., deceased, a copy of which is hereunto annexed, having been proved and recorded in the said superior court, [and as the case may be], C. D. is hereby appointed administrator with the will annexed. Witness my hand and the seal of said court this day of . 19—. V NOTE.— Washington, Rem, Code, sec. 1388. No. 1786. Letters of Administration With the Will Annexed— Statutory Form — Wyoming. State of Wyoming, County of , ss. The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the district court of the county of , and there being no executor named in the will [or as the case may be], C. D. is hereby appointed administrator with the will annexed. Witness G. H., clerk of the district court within and for the county of , with the seal of the court affixed, the day of . NOTE.— Wyoming, Rev. Stats, sec. 4658; Comp. Stats. 1910, see. 5495. No. 1787. Bond of Executor With More Than Two Sureties. [Title of Court and Cause.] Know all men by these presents: That I, T. M., as principal, am held and firmly bound unto the state of California in the sum of eighty- four thousand dollars, lawful money of the United States of Ameri.a, to be paid to the said state of California, for which pajnnent, well and truly to be made, I bind myself, my and each of my heirs, executors, and administrators, firmly by these presents. And we, J. S., R. A. S., and T. D., as sureties, are seyerally held and firmly bound, and jointly with said T. M., are hold and firmly bound unto tlie said state of California in the following sums, respectively, to wit; I, the said J. S., in the sum of twenty thousand dollars; I, the said R. A. S., in the sum of fifty thousand dollars, and I, the said T. D., in the sum of fourteen thousand dollars, lawful money of the United States of America, to be paid to the said state of California, for the pajonent of which sums, well and truly to be made, we, and each of us, respectivel}^, bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally as aforesaid firmly by these presents. Sealed with our seals, and dated this third day of May, 1917. Form 1788 Cowdeby's Form Book. 652 The condition of the above obligation is such, that whereas, by an order of the superior court of the county of Sacramento, state afore- said, duly made and entered on the second day of May, 1917, the above- bounden T. M. and one G. B. were appointed executors of the last will and testament of P. C, deceased, and letters testamentary were directed to be issued to them upon executing a bond, according to law, in said sum of eighty-four thousand dollars, being security as well for the personal property of the estate of said deceased as for the annual rents, issues and profits of the real estate of said deceased in his charge as executor. Now, therefore, if the said T. M., as such executor, shall faithfully execute the duties of the trust, according to law, then this obligation to be void, otherwise to remain in full force and effect. [Justification.] [Signature] NOTE. — In California, every person to whom letters testamentary or of administration are directed to issue must, before receiving them, execute a bond to the state of California, with two or more suf3ficient sureties, to be approved by the superior court, or a judge thereof. In form the bond must be joint and several, and the penalty must not be less than twice the value of the personal property, and twice the probable value of the annual rents, profits and issues of real property belonging to the estate, which values must be ascertained by the superior court, or a judge thereof, by examining, on oath, the party applying, and any other persons [that is to say, if there is doubt as to the qualification of the surety, evidence may be taken to ascer- tain the facts] : California, Code Civ. Proc, see. 1388. No. 1788. Affidavit That Executor's Bond is Insufficient, [Title of Court and Estate.] State of California, County of Yuba, — ss. A. B., being sworn, says: That he is a creditor of the above-entitled estate. That his claim has been presented to the administrator of said estate; has been approved by him, and also by the judge of said court, and is on file as an approved claim, and no part of it has been paid. That affiant has been informed that C. F., one of the sureties on the bond of said administrator, is insolvent, and upon said information he made diligent investigations and he believes that said C. F. is insolvent. Subscribed and sworn to [etc.]. [Signature.] jq-QTE'. — The above affidavit need not be in a positive form or in any form approaching positiveness; because a judge may "of his own motion" issue a citation for the administrator to appear and answer. It is intended that the information under which the judge moves must come from an interested person or of his own motion founded upon his own observation or hearsay. If the facts are as he is led to believe, he must order further security. The foregoing remarks apply to all bonds filed in probate cases: California, Code Civ. Proc, see. 1394. G53 Executors and Administrators. Forms 1789, 1790 No. 1789. Petition for Order Requiring Administrator to Give New Bond. [Title of Court and Estate.] To the Honorable, the Superior Court in and for the county of Nevada: The petition of J. S. shows that he is a son of W. S., said deceased. That since the administrator of said estate filed his bond given on quali- fying, H. W. has become, and is now, insolvent. [Or said H. W. has removed from the state of California and now resides in the state of Nevada.] [Or, said H. W. lias sent his wife and family out of the state of California; has sold all of his property in California and is about to leave said state without intention of returning.] Wherefore petitioner prays that said administrator may be ordered to give further security in the form of a new bond. [Verified.] [Signature.] NOTE. — In California, a person interested in an estate may, by verified petition, represent to the superior court, or a judge thereof, that the sure- ties of an executor or administrator thereof have become, or are becoming, insolvent, or that they have removed, or are about to remove, from the state, or that from any other cause the bond is insufficient, and ask that further security be required: California, Code Civ. Proc, sec. 1397. A citation must issue, etc. and be served personally unless he has ab- sconded: California, Code Civ. Proc, sec. 1398. If he neglects to give further security when ordered, his letters may be revoked: California, Code Civ. Proc, sees. 1400, 1405. Or he may be suspended: California, Code Civ. Proc, sec. 1401. No. 1790. Petition for Order Requiring Administrator to Give New Bond — Another Form. [Title of Court and Estate.] To the Honorable Superior Court Aforesaid : The petition of respectfully represents that he is a creditor of the estate of , deceased, and is interested in said estate. That , and , who are sureties on the bond of , the ad- ministrator of said estate, have sold all their property in California and are about to remove from the state; and therefore that said bond is insufficient security for the faithful performance of the duties of his trust by said administrator. Wherefore your petitioner prays that a citation be directed to said administrator, requiring him to show cause, if any he can, why he should not give further security; and that his powers be suspended until the matters herein alleged can be heard and determined. , Petitioner. , Attorney for Petitioner. Forms 1791, 1792 Cowdery's Form Book. 654 No. 1791. Petition to Require Administrator Who is Wasting Estate to Give Further Security. [Title of Court and Estate.] The petition of A. B. represents to the court that C. D., the adminis- trator of the estate of the said E. F., deceased, is wasting the property of the said estate and the said waste consists in his doing and causing to be done the following things in his name as said administrator — that is to say: First. The inventory and appraisement describes a promissory note by G. H. in favor of said deceased for $10,000, and interest, which note is valued at nothing. Second. The said inventory describes a promissory note and mort- gage in favor of said deceased executed by J. J. for $3,500. It is valued in said inventory at nothing because it is a third mortgage, and the property mortgaged is not of sufficient value to satisfy the first mort- gage, and the administrator has commenced an action to obtain judg- ment in said promissory note and another to foreclose said mortgage, and he has employed his son as his attorney to prosecute said actions; and has paid another son, who is a searcher of records, $300 of money belonging to said estate to make a long and useless abstract of the property described in said mortgage, and has employed a son-in-law, on behalf of said estate, to survey the land described in the mortgage, all of which expenditure is not now, nor never will be, of any value to said estate. That the bond of said administrator is insufficient security for his wrongful acts as aforesaid. Wherefore petitioner prays that the said administrator be required to give further security and that his powers be suspended until the matters herein alleged can be heard and determined. Dated . [Signature.] NOTE. — When an executor or administrator is wasting the property of the estate and the court is petitioned to order him to give further security, or if an executor is not required by will to give bond, if a petition "under oath" is presented alleging such waste the court may suspend the officer until the matter can be heard and determined: California, Code Civ. Proc, sec. 1401. In all such matters the judge may order the matter investigated upon his own motion: California, Code Civ, Proc, sec. 1402. No. 1792. Citation to Administrator to Show Cause Why he Should not Give Further Security. [Title of Court and Estate.] To , Administrator of the Estate of , Deceased: You are hereby cited to appear on the day of , 19 — , at 10 o'clock A. M., before the above-named court at the courthouse in said county, and show cause why you should not be required to give farther security, inasmuch as it has been alleged [or has come to the 655 Executors and Administrators. Forms 1793-1795 knowledge of the court] that the sureties on your bond as administra- tor of said estate have disposed of their property and are about to remove from the state. [Seal] » Clerk. No. 1793. Order for Administrator to Give Further Security. [Title of Court and Estate.] In this matter it is ordered that the prayer of the petition of H. S. be granted to the extent that S. B., the administrator of the estate of H. S. W., deceased, within ten days from the date of this order, file a new bond as administrator of said estate in the sum of ten thousand dollars. Said bond to be submitted to me for approval on or before ten days from date. NOTE. — In California, if it appears that the security is, from any cause, insufficient, the court may make an order requiring the executor or adminis- trator to give further security, or to file a new bond in the usual form within a reasonable time, not less than five days: California, Code Civ. Proc, sec. 1399. No. 1794. Order Revoking Letters for Failure to File New Bond. [Title of Court and Estate.] S. B., the administrator of the estate of H. S. W., deceased, having? neglected to file a new bond within the time ordered by this court, it is hereby ordered that the letters of administration in said estate liere- tofore gi-anted to the said S. B., be, and the same are hereby, revoked. NOTE.— California, Code Civ. ProC, sees. 1400, 1-405. For misconduct, see Code Civ. Proc, sees. 1627, 1630. Failure to obey citation. Code Ciy. Proc, sees. 1384, 1385. For not obeying citation, Code Civ. Proc, sec. 1437. For contempt, Code Civ. Proc, sec 1721. For failure to return inventory, Code Civ. Proc, see. 1450. For not giving notice to creditors. Code Civ. Proc, sec. 1511. For not returning sale, Code Civ. Proc, sec. 1575. For failure to account. Code Civ Proc, sec. 1630. When account shows neglect he may be removed, Code Civ. Proc, sec. 1620. No. 1795. Petition of Surety to be Released from Bond of Adminis- trator. [Title of Court and Estate.] To the Honorable, the Superior Court for the County of Contra Costa, California : The petition of A. B. respectfully states that he is a surety on the bond of C. D., the administrator of the estate of E. F., deceased, and that he desires to be released from responsibility on account of the future act of said administrator. Wherefore he petitions the court to issue a citation to said administrator to appear before said court, and to give other security. [Signature.] NOTE'.— California, Code Civ. Proc, sec. 1403. When the other security is given the court must make an order that the surety that applied for relief Forms 1796-1799 Cowdery's Form Book. 656 shall not be liable for any subsequent act, default or misconduct of the executor or administrator: Code Civ. Proc, sec. 1404. The judge of the court must issue the citation upon application: Code Civ. Proc, sec. 1403; but if he refuses to approve of the "other security" then there does not appear to be any relief for the petitioner, because the other security must be satisfactory. No. 1796. Order for Citation on Petition for Release of Surety. [Title of Court and Estate.] , one of the sureties on the bond of , administrator of the estate of , deceased, having filed herein a petition to be released from responsibility on account of the future acts of said administrator: It is ordered that a citation issue to said administrator, directing him to appear befoie this court on the day of , 19—, at 10 o'clock in the forenoon of that day, to give other security. Dated , 19—. , Judge of Superior Court. No. 1797. Citation to Administrator on Eelease of Surety. [Title of Court and Estate.] To ■ , Administrator of the Above-named Estate: You are hereby cited to appear on the second day of June, 1908, at 10 o'clock A. M., of that day, before the above-named court, to show cause, if any you have, why , one of the sureties on your bond, should not be released from further liability on said bond, in accordance with the prayer of his petition herein filed on , 19—. [Seal] > County Clerk. No. 1798. Order Releasing Surety. [Title of Court and Estate.] , administrator of the estate of , deceased, having given new sureties to the satisfaction of this court on the application of , one of his former sureties, to be released, the said , is hereby re- leased from liability on his bond for any subsequent act or default of said administrator. Dated , 19—. , Judge of the Superior Court. No. 1799. Order That Executor Give Bond Where Will Requires None. [Title of Court and Estate.] It appearing to the court that it is necessary for the security of those interested ?n this estate that A. B., the executor of the will of C. D., deceased, give a bond for the faithful performance of his duties as ex- ecutor, it is hereby ordered that A. B., executor of the will of C. D., deceased, file in the matter of said estate, a bond to be approved by the judge of this court in the sum of $70,000, in form and manner as is 657 Executors and Administrators. Forms 1800-1802 by law required; and tliat such bond be presented for approval within ten days from the date of this order. Dated . , Judge. NOTE. — Such an order may be made upon a judge's "own motion" and applied to all bonds that may be given in probate matters. The above order is drawn under section 1396 of the Code of Civil Procedure, and refers to an executor who has been relieved by a will from the obligation of giving a bond: California, Code Civ. Proc, sees. 1394-1402. No. 1800. Order Adjudging That Person Named in Will as Executor has Forfeited His Right to Letters. [Title of Court and Estate.] J. S,, the person named by H. S. in his last will as executor thereof, having delayed more than thirty days after the death of said H. S., and without good cause for more than thirty days after he had knowl- edge of the death of said H. S., having neglected to petition the court liaving jurisdiction of said estate for letters testamentary in said estate, the said J. S. has renounced his right to said letters. , Judge. NOTE. — In California, if a person knows that he is named in a will as executor, and has knowledge of the death of the testator, and fails to peti- tion for the probate of the will for thirty days after he has knowledge of said death, the court may appoint some other person executor unless good cause for delay is shown: California, Code Civ. Proc, sec. 1301. No. 1801. Executors Acting One for the Other. [Title of Court and Estate.] Whereas, I am one of the two executors of the last will and estate of H. B., deceased. Now, I hereby give my coexecutor, S. S., authority to act for me in all matters pertaining to said estate the same as if I took part personally. NOTE. — Where there are two executors or administrators the act of one is effectual if the other is absent from the state, or laboring under any legal disability from serving [serving a term in a state's prison would be a dis- ability]. Or if he has given his coexecutor or administrator authority, in writing, to act for both. Where there are more than two the majority govern: California, Code Civ. Proc, sec. 1355. It is a safe practice to present such written power to the court in which the matter is pending. In such case it will be filed, and become a permanent record. No. 1802. Order Establishing the Fact that One of Two Executors is Absent from the State. [Title of Court and Estate.] It appearing to the court that A. B., one of the two executors of the last will of C. D., deceased, was absent from the state of California all the time between July 3, 1916, and August 6, 1917, and it appearing Form Book — 42 Forms 1803, 1804 Cowdery's Form Book. 658 to the court that during said period E. P., the other executor of said last will did, between said dates, manage said estate and performed all the acts of administrating said estate as if he was the only qualified executor, now, it is hereby adjudged that all the said acts of the said E. F. have now, and shall hereafter have, the same legal effect as if the said A. B. v/as ]iresent during said time and joined with his coex- ecutor in all said acts. [Signature.] NOTE. — The reason for this order is the necessity of having a record show- ing that E. F. had authority to act in the absence of his eoexecutor: Cali- fornia, Code Civ. Proc, see. 1355. A similar order would be proper in case a eoexecutor labors under disability. No. 1803. Executor's Contract to Pay Debt of Estate. [Title of Court and Estate.] Whereas A. B., a creditor of the estate of C. D., deceased, lias prom- ised the undersigned, executor of the last will of said C. D., deceased, that he will bring an action to foreclose a mortgage he holds against the estate of deceased upon the following described land [description], and in consideration of said promise, the undersigned promises that he will pay the amount due upon said mortgage within two years from the date hereof out of his own estate. Dated . [Signatures.] NOTE.— California, Code Civ. Proc, sec. 1612. No. 1804. Order Suspending Executor. [Title of Court and Estate.] It appearing to the court from credible information that A. B., the executor of the will of said deceased, has mismanaged the property of the said estate committed to his charge, it is hereby ordered that the powers of the said A. B., as executor, be, and they are hereby, sus- pended until the matter is investigated. This order is to take effect this 3d day of June, A. D. 1917, at 12 o'clock M. Dated . f Judge. NOTE. — California, Code C^v. Proc, sec 1436. This form may be used when an executor's or administrator's management of an estate comes withiu the enumerated events mentioned in Code of Civil Procedure, section 1436. The source of the information upon which a judge acts in removing an executor is immaterial: Estate of Kelley, 122 Cal. 379, 55 Pac. 136. See, also, California, Code Civ. Proc, sec. 1437; Colorado, Mill's Ann. Stats. 1912, sec. 7918 et seq.; Idaho, Eev. Codes 1907, sees. 5595, 5672, 5591, 5542, 53S3, 5428, 5481, 5427, 5388, 5592, 540S; Kansas, Gen. Stats. 1915, see?. 4507, 4541, 4673; Montana, Rev. Codes 1907, see. 7488 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 6436; Oregon, Lord's Oregon Laws, sec. 1159; South Dakota, Comp. Laws 1913, see. 5758; Utah, Comp. Laws 1907, sec. 3837: Washington, Rem. Code, sec. 1415; Wyoming, Comp. Stats. 1910, sees. 54S3-5489. C59 Executors and Administrators. Forms 1805-1808 No. 1805. Order Directing Notice to Suspend Executor. [Title of Court and Estate.] An order having this day been made, suspending A. B. from his func- tions as executor of the said estate, it is hereby ordered that the clerk of this court notify said A. B. of said order of suspension, and cause to be issued and served on him a citation to appear and show cause before this court, on the 12th day of June, 1917, why his letters should not be revoked. [Signature.] NOTE.— California, Code Civ. Proc, see. 1437. It is not necessary to suspend an executor before citing him to appear. The object beinjj to remove him, the court may reach the ultimate object by a direct proceeding without a prior suspension: Estate of Kelley, 122 Cal. 379, 55 Pac. 136. No. 1806. Notice of Suspension of Executor. [Title of Court and Cause.] To A. B., Executor of the Will of E. F., Deceased: You are hereby notified that on the third day of June, 1917, it ap- pearing to the judge of this court from credible information that you, as said executor, have mismanaged the property of said estate, he has, for that reason, so made an order suspending you from your powers as executor until the matter is investigated, and such order has been entered upon the minutes of said court. Dated . , Clerk. NOTE.— California, Code Civ. Proc, sees, 1437-1439. No. 1807. Order Reinstating Suspended Administrator. [Title of Court and Estate.] Whereas this court heretofore made an order suspending the powers of , administrator of the above-named estate, until certain charges against him could be investigated; and whereas said charges, upon full investigation, appear to have been unfounded, and he appears to be faithfully performing the duties of his trust: It is therefore ordered that his powers as such administrator be restored. Dated , 19—. , Judge of Superior Court. No. 1808. Order Directing Executor to Show Cause Why His Letters Should not be Revoked for Failure to Return Account of Sale. [Title of Court and Estate.] It appearing to the court from the affidavit of A. B. that C. D., the executor of the will of said deceased, has neglected to make a return of a sale of personal property sold by him by order of this court on Forms 1809, 1810 Cowdery's Form Book. 660 May 3, 1917, within thirty days from after said sale, it is ordered that the clerk of this court give said C. D. notice to appear before this court on Friday, August 3, 1917, and show cause why his letters should not be revoked because of said neglect. Dated . , Judge. NOTE. — If such return is not made within thirty days after the sale, his letters may be revoked, or he may be punished by attachment, or his letters may be revoked after one day's notice: California, Code Civ. Proc, sec. 1575. See Code Civ. Proc, sees. 1436-1440, for removal and suspension. No. 1809. Order Directing Notice of Proceedings for Removal of Executor to be Given by Publication and Mail. [Title of Court and Estate.] It is ordered that a citation issue directed to C. D., executor of the will of E. F., deceased, commanding him to appear in person or by at- torney in this court, on Friday, June 3, 1917, at 10 o'clock A, M., and show cause why his letters should not be revoked, and it is ordered that said citation be published in the "Recorder," a San Francisco paper, once a week, for four weeks. It is also ordered that a copy of said publication and a certified copy of the petition of A. B., filed herein, be inclosed in a sealed envelope, directed to C. D. at Rochester, Monroe county, state of New York, and the postage paid thereon, and also that said letter be registered in the United States postofiice prior to May 10, 1917. NOTE. — Notice may be given by publication of the pendency of the pro- ceedings in such manner as the court may direct, and the court may proceed upon such notice as if the citation had been personally served: California, Code Civ. Proc, sec. 1439. No. 1810. Order Removing Administrator for Failure to Give Notice to Creditors. [Title of Court and Estate.] , the administrator of this estate, having neglected to give notice to the creditors thereof for two months after his appointment, and having failed to obey a citation duly issued to and served upon him to show cause for such neglect, it is hereby ordered that the letters of administration upon the estate of the said , deceased, heretofore issued to said , be and they are hereby revoked ; and , the next of kin to said deceased, is hereby appointed administratrix of said es- tate, and letters are hereby ordered to be issued to her upon her taking the oath required by law giving a bond in the sum of , dollars. Dated , 19—. , Judge of Superior Court. 661 Executors and Administrators. Form 1811 NOTE. — If sneh officer neglects for two montlis after his appointment to give such notice, his letters may be revoked and the next of kin or some other person may be appointed in his stead: California, Code Civ. Proc, sec. 1511. It has been held that when a widow is appointed and the estate is of less value than fifteen hundred dollars, her letters cannot be revoked because she did not give notice to creditors, because the entire estate must be dis- tributed to her, under Code of Civil Procedure, section 1469: Estate of At- wood, 127 Cal. 427, 59 Pac. 770. No. 1811. Affidavit for Removal of Executors for Mismanagement. [Title of Court and Estate.] State of California, County of Yuba, ss. C. D., being duly sworn, says: That he is a creditor of the estate of said deceased. That his claim against said estate for $10,327 was within the time and in the manner and form required by law presented to A. B., the executor of said estate, and was by him, in writing, ap- proved, and his approval indorsed upon said claim as is by law required, and after its approval was presented within the time required by law, to the judge of said court who, before the expiration of the time speci- fied by law, approved said claim for $10,327, by indorsing his approval thereon, and which claim was, upon the day of its approval by said judge, filed and entered in the proper case and book as an acknowledged claim against said estate, and no part thereof has been paid. That the inventory and appraisement of said estate shows that the total value of the said estate's property is $60,000, and no more. That the account of said executor filed v>^ithin sixty days after the expiration of the time for the presentation of claims show that claims to the amount of $60,000 have been approved and filed. That all the property of said estate has been sold, so that there remains on hand $40,000 and no more out of which the debt and expenses of administration must be paid. That the expenses of administration already accrued amount to $10,000, leaving a balance of $30,000 with which to pay $60,000. That among the assets of said estate appears an item of $20,000 secured by mortgage in favor of said deceased, valued at $20,763, principal and interest. That said executor commenced an action to foreclose said mortgage, which action was defended and submitted for judgment, with the result that the negligence of said executor permitted the statute of limitations of the state of California to run against said mortgage before action was brought to foreclose, and said $20,763 has been lost to said estate because of the mismanagement of said executor. Wherefore afiiant prays that said executor be removed. Subscribed and sworn to [etc.]. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1436, 1438. See, also, Arizona, Rev. Stats. (Civ. Cod<' 1913), sec. 803 et seq.; Colo- rado, Mill's Ann. Stats. 1912, sec. 7918 et seq.; Idaho, Rev. Codes 1907, sees. Forms 1812, 1813 Cowdeby's Form Book. 662 5402, 5409, 5595, 5427, 53S8, 5672, 5591, 5542, 5383, 5428, 5481; Kansas, Gen, Stats. 1915, sees. 4507, 4541, 4673; Montana, Eev. Codes 1907, sees, 7459, 7405, 7469, 7719, 7638, 7642, 7500; Nebraska, Rev. Code 1913, sees. 1334, 1348, 1349, 1425, 1333, 1351, 1352, 1353; Nevada, Eev. Laws 1912, sees. 5915, 5925, 5978; New Mexico, Stats. Ann. 1915, sees. 2241, 2242, 2244; North Dakota, Comp. Laws, 1913, sees. 8699-8701; Oklahoma, Harris & Day's Code 1910, sees. 6436, 6500; Oregon, Lord's Oregon Laws, sec. 1159; South Dakota, Comp. Laws 1913, sees. 5758-5762; Utah, Comp. Laws 1907, sec, 3837 et seq.; Washington, Eem. Code, sec, 1416 j Wyoming, Comp, Stats. 1910, sees. 5487- 5489, No. 1812. Complaint by Executor for Citation to Person Alleged to have Concealed or Embezzled Property. [Title of Court and Estate,] Now comes A. B,, and complaining to the court of C, D,, states that said C, D, is the appointed, qualified and acting executor of the last will of E, F., deceased, now in course of administration in the above- entitled matter and for cause of complaint states that he suspects afore- said C. D. of having concealed from complainant, as executor of said will, one hundred shares of San Francisco Gas and Electric Company corporation stock. That said stock stands in the name of deceased on the books of said corporation, but was not indorsed by him. That de- ceased kept said stock in a drawer in his desk, and the day after his death complainant saw the said C, D. examining the said drawer, which was not locked. Since then said stock cannot be found. That said C. D, is now in the county of Butte, California, Wherefore complainant prays that the said C. D. may be cited to appear before this court, that he may be examined under oath upon the matter of the aforesaid complaint. A. B,, Executor [etc] NOTE, — When a person is suspected to have concealed, embezzled, smuggled, conveyed away, or disposed of any money, goods or chattels of a decedent, or has in his possession any conveyances, bonds, contracts or other writings which contain evidence of title to property, or of any lost will, he may be eited to appear and be examined as to such property upon complaint of any interested person: California, Code Civ. Proc, sec, 1459, No. 1813. Order Removing Administrator After Contest of His Ac- count. [Title of Court and Estate,] The administrator of this estate having filed his first annual account, and a statement therein appearing that he had paid $20 to the publisher of the "D, B, & S, H,," for publishing notice to creditors, in the matter of said estate, as per voucher No, 367, and at the hearing of said ac- count before this court, C, D., one of the heirs at law of the said deceased, and interested in said estate, contested said payment, and, at the hearing of said contest, it was established to the satisfaction of this court that said administrator paid in full for said advertisement $15, and no more, and has appropriated $5 of said $20 for his personal uses ; 663 Executors and Administrators. Forms 1814, 1815 and said $5 not allowed as charged against said estate. Thereafter, the said administrator was cited to show cause before this court why his letters should not be revoked, and at the hearing of the matter last afore- said the said administrator appeared in person, and by counsel, and admitted said appropriation, but pleaded the custom of the "trade of printers and publishers" of legal notices, in justification, and said mat- ter having been submitted for judgment, it is hereby ordered that the letters of administration issued to A. B., as administrator of the estate of E. F., deceased, be, and they are hereby revoked. [Signature.] NOTE. — The court may examine the executor or administrator, and if he has been guilty of neglect, or has wasted, embezzled, or mismanaged the estate, his letters must be revoked: California, Code Civ, Proc., sec. 1626. No. 1814. Order Directing Executor to File Statement. [Title of Court and Estate.] It is ordered that the executor of this estate forthwith return and file a statement of all claims against this estate that have been pre- sented to him up to and including the date said report is filed. Said statement to be in compliance with section 1512 of the Code of Civil Procedure of the state of California. Dated . ^ j^^ge^ NOTE.— California, Code Civ. Proe., sec. 1625. No. 1815. Order Directing Administrator to Show Cause Why He Should not be Removed for Omitting to Cause After Dis- covered Property to be Appraised. [Title of Court and Estate.] It appearing to the court from the affidavit of A. B. that after the inventory in the matter of the said estate had been made and filed, a large amount of silver household ornaments and silver tableware, such as spoons, plates, etc., valued at over $2,000, the property of said estate, came to the possession of C. D., the administrator thereof, and that no part of said property was mentioned in said inventory, and more than two months having elapsed since said inventory was filed, and the said C. D., not having caused the said property to be appraised in the man- ner prescribed by law, it is ordered that the clerk of .this court cause notice to be served on the said C. D. to show cause before this court on June 3, 1917, at 10 o'clock A. M., why he should not be removed from his office of administrator of said estate because of said failure. It is also ordered that said notice be served at least ten days prior to the time set for hearing, and that a copy of the affidavit of said A. B. be served with said notice. Dated . ^ ^ j,^^^g NOTE.— The punishment may be attachment for contempt or removal from ofiiec: California, Code Civ. Proc, sec. 1451. Forms 1816, 1817 Cowdery's Form Book. 664 Na 1816. Order Suspending the Powers of Administrator Until It can be Determined if He has Wasted Estate. [Title of Court and Estate.] In this matter, upon reading and filing the petition of A. B., praying that C. D., the administrator of said estate, be required to give further security and that his powers be suspended until the matters contained in said petition can be heard and determined, it is hereby ordered that the powers of C. D., as administrator of the estate of E. F., deceased, be, and they are hereby, suspended until the matter of said petition can be heard and determined; and that a copy of this order be served upon said administrator. Dated . , Judge. NOTE. — When a petition is presented praying that an executor or admin- istrator be required to give further security, etc., he may be suspended untU the matter can be heard: California, Code Civ. Proc, sec. 1401. No. 1817. Petition to Revoke Letters of Administration and to Grant Them to a Person Claiming Under Prior Right. [Title of Court and Estate.] To the Honorable, the Superior Court of the County of Alameda: Your petitioner states the facts to be that on the third day of May, 1917, the said court issued letters of administration upon the estate of said E. F., deceased, to C. D., the public administrator of the county of Alameda, state of California. That on the same day letters of ad- ministration were issued to the said C. D. and he is now the qualified administrator of said estate. That the said C. D. was not entitled to said administration except by virtue of his office of public administrator. That your petitioner is the surviving wife of said deceased and is qualified to serve as administratrix of said estate. Wherefore this petitioner prays that the letters issued to the said C. D., be revoked and that letters of administration be issued to petitioner. Dated . [Signature.] NOTE.-^Such revocation may be had upon petition, and letters will be if5sued to the person entitled, or to any competent person if such request is made in writing: California, Code Civ. Proc, sec. 1383. If letters have been granted to a child, father, or brother, or sister of the intestate, the surviving husband or -nife may assert his or her prior right and cause such letters to be revoked. Other relatives entitled may do the same in the order of priority: California, Code Civ. Proc, see. 1386. 665 Executors and Administrators. Forms 1818-1820 No. 1818. Citation to Administrator to Show Cause Why Letters Should not be Revoked. [Title of Court and Estate.] To , Administrator of the Estate of , Deceased : You are hereby cited to appear before the above-named court on the . , day of , 19 — , at 10 o'clock in the forenoon of that day, and show cause, if any you have, why your letters of administration should not be revoked, and other letters on said estate be issued to , widow of said deceased. Dated , 19—. [Seal] , County Clerk. No. 1819. Order Revoking Letters and Issuing Others to Person Hav- ing Prior Right. [Title of Court and Cause.] The petition of praying for the revocation of the letters of administration heretofore issued on the above-named estate to , and praying that letters of administration on said estate be issued to her by virtue of her prior right thereto as widow of said deceased ; and the matter being submitted to the court for decision : It is ordered tliat the letters of administration heretofore issued herein to said be and they are hereby revoked; and that letters of administration upon said estate be issued to said , upon her filing a bond in the sum of dollars, and taking the oath required by law. Done in open court this day of , 19 — . , Judge of Superior Court. No. 1820. Petition to Revoke Letters Testamentary and Appoint Peti- tioner Where Executor ha^ Removed from State. [Title of Court and Estate.] Now comes A. B. and petitioning this court to revoke the appointment of C. D. as executor of the will of E. F., deceased, and appoint peti- tioner administrator with the will annexed of the estate of said deceased, for reason why said appointment ought to be made states the facts to be as follows: On the 3d day of June, 1917, C. D. filed in this court his petition to be appointed executor of the will of E. F., deceased. That said peti- tion stated all the facts necessary to give this court jurisdiction to ap- point said C. D. executor of said will. That thereafter such proceedings were had that this court, on the 15th day of July, 1917, appointed said C. D. executor of said will, and he thereupon qualified, and ever since has been and is now the executor of said will, and said letters have never been revoked. That the papers and records relating to the said appointment are the records in this court of said estate, and they are in this petition referred to and made part hereof. Form 1821 Cowdery's Form Book. 666 That on July 20, 1917, the said C. D., as executor, filed his inventory and appraisement and took possession of the property of said estate. That on Auprust 10, 1917, said C. D. removed from the state of Cali- fornia and has not since returned to the state of California and has perinanently removed therefrom, and he is now a resident of Rochester, Monroe county, state of New York. That petitioner is a resident of the state of California. That notice to the creditors of said deceased has never been published, and petitioner is a creditor of said deceased, hold- ing deceased's promissory note dated March 3, 1916, for $3,000 due one year after its date of which no part has been paid. Wherefore petitioner prays that a citation issue to said C. D. to show cause why his said letters should not be revoked, and petitioner also prays tliat upon revocation, letters of administration with the will annexed be issued to petitioner. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1436-1440. No. 1821. Petition to Revoke Letters Testamentary and Appoint Peti- tioner Where Executor is Nonresident and was When Ap- pointed. [Title of Court and Cause.] Now comes A B and petitioning this court to revoke the appointment of C D as executor of the will of E F, deceased, and appoint petitioner administrator vvith the will annexed of the estate of said deceased, for reason why said appointment ought to be made, states the facts to be as follows: On the third day of June, 1917, C D filed in this court his petition to be appointed executor of the will of E F, deceased. That said petition stated all the facts, if true, necessary to give this court juris- diction to appoint said C D executor of said will. That thereafter such proceedings were had that this court, on the fifteenth day of July, 1917, appointed said C D executor of said will, and he thereupon qualified, and ever since has been and is now the executor of said will, and said letters have never been revoked. That the papers and records relat- ing to the said appointment are the records of this court of said estate, and they are in this petition referred to and made part hereof. That on July 10, 1917, the said C D, as executor, filed his inventory and appraisemciit and took possession of the property of said estate. That said C D was never a resident of the state of California, but was at the lime of his appointment as aforesaid, and is now, a resident of Rochester, Monroe county, state of New York. That notice to the creditors of said deceased has never been published, and petitioner is a creditor of said deceased, holding deceased's promissory note dated March 3, 1916, for three thousand dollars, due one year after its date, of which no part has been paid. Wherefore petitioner prays thai a citation issue to said C D to show cause why his said letters should not be revoked, and petitioner also 667 Executors and Administrators. Forms 1822-1824 prays that upon revocation, letters of administration with the will annexed be issued to petitioner. [Verified.] NOTE.— California, Code Civ. Proc, sec. 1349. The phrase "permanently removed from the state" as a ground for revok- ing letters of an executor applies to a resident executor permanently re- moved from the state, and it also applies to a nonresident executor who has come to the state to receive his appointment, and then leaves the state and permanently remains away: Estate of Kelley, 122 Cal. 379, 55 Pac. 136. No. 1822. Order Accepting Resignation of Testamentary Trustee. [Title of Court and Estate.] It appearing to the court that A. B., appointed trustee by the will of said C. D., deceased, has filed his written resignation of said trust, and this day having been fixed for the hearing of said resignation, and said matter having been heard by this court upon the day set for hear- ing, and it having been heard and determined, it is ordered that said resignation be, and it is hereby accepted. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1702, 1705. No. 1823. Order Appointing Trustee Under Will. [Title of Court and Estate.] A. B., the trustee appointed by the will of C. D., deceased, having resigned, and his resignation having been accepted, it is ordered that G. L., be and he is hereby, appointed as trustee under the will of said deceased, to fill the vacancy in said trusteeship caused by the resigna- tion of the said A. B., but before acting as trustee he shall give a bond in the sum of $10,000 in form as required by law, and that thereupon he shall have power as such trustee as is provided in said will. Dated . , Judge. NOTE.— California, Code Civ. Proc, sees. 1702, 1705. No. 1824. Petition and Complaint Asking for a Citation to Show Cause Why a Bank Should not Pay a Deposit to Adminis- trator of Depositor. [Title of Court and Estate.] The petition of W. A. respectfully shows: I. That on the seventh day of March, 1917, your petitioner, W. A., was appointed administrator of the above-named estate ; that thereafter, and on the fifth day of May, 1917, he qualified as such administrator, ever since has been and now is the duly appointed, qualified and acting administrator of said estate. II. That some years prior to the death of decedent, the exact date being to your petitioner unknown, said deceased deposited with the C. S. Form 1824 Cowdeby's Form Book. 668 and L. Society, a corporation, at its principal place of business in said county, the sum of twelve hundred and fifty-one and 46/100 dollars ($1251.46), gold coin of the United States, which sum said corporation then and there promised and agreed to repay to said deceased, with the interest or dividends accrued thereon, upon demand. III. That your petitioner shortly after the issuance of letters of ad- ministration to him upon the estate of said A. A., deceased, as sucli administrator demanded of said C. S. and L. Society, at its office in said city and county of San Francisco, state aforesaid, the payment to him, as such administrator, of said sum of $1,251.46, but said corporation then and there refused, ever since has refused, and now refuses to pay to said administrator said sum or any part thereof. IV. That said corporation did not pay said sum, or any part thereof, to said A. A., during her lifetime, or to anyone else, nor has it paid said sum, or any part thereof, to said administrator, though often requested so to do, and said sum and the whole thereof is long past due, owing and unpaid to your petitioner, as administrator of the said estate. V. That the aforesaid refusal of the corporation to pay said deposit to said administrator is based upon the pretended nonidentity of the said deceased, with the depositor of the aforesaid sum of money, but that the said corporation, according to the information and belief of this petitioner, has certain books and registers, to wit, its regular books containing entries of the names, signatures, birthplaces, parents' names and other or similar marks of identification of its depositors, tending to disclose the identity of said depositor with the said deceased; and that the said corporation and the officers thereof have hith.erto refused, and still refuse, leave to this petitioner as the administrator of said estate to examine or inspect said books and registers, or the respective entries referring to said deceased's estate, for the purpose of establishing said identity and the fact that the money deposited by said deceased in said savings bank is the property of the estate of said deceased. VI. That an application for an order requiring the said corporation to pay the above-mentioned deposit, or any sum due on account thereof, to this petitioner as administrator of the estate of said A. A., deceased, was heretofore presented to the court, but was denied on the gi-ound that the identity of said deceased with said depositor had not been suffi- ciently established. That since then certain documentary evidence, not previously obtainable, relating to the date and place of the birth of said deceased and to the maiden name of her mother, has been received by this petitioner, whereby, as petitioner is informed and believes, in con- nection with the said entries in said bank-books and registers, the said identity can be clearly shown. Wherefore your petitioner prays that a citation issue herein to said C. S. and L. Society requiring it to appear therein at a time and place to be appointed by this court, then and there to show cause why an order of this court should not be made and entered herein, directing 669 Executors and Administrators. Form 1825 it to pay to said W. A., as administrator of the estate of A. A., deceased, said sum of $1,251.46, or such other sum as may be found to be due, owing and unpaid by said corporation to said W. A., as said adminis- trator; and also requiring said corporation and the president, secretary, cashier and treasurer thereof, or either of said or any officers having control of the books and registers of said bank mentioned in this peti- tion, to appear before the above-entitled court with such of the afore- said books and registers as contain entries referring to said depositor, A. A., and then and there to be examined on oath upon the matter of this petition. [Signature.] NOTE.— Tinder section 15 of the California Bank Act, banks and others receiving deposits must publisli the name, etc., of all depositors who have made no addition to their deposit or drawn any part thereof within ten years : Stats. 1913, p. 145. In such cases proceedings are commenced under the provision of Code of Civil Procedure, sections 1458-61. Under Code of Civil Procedure, section 1459, a person having in his pos- session books or papers containing evidence tending to show the title or interest of decedent to property may be required to produce sueh books or papers and be examined concerning them: Levy v. Superior Court, 105 Cal. 600, 29 L. R. A. 811, 38 Pac. 965. But that is the limit of the power of the 'court. If it appears that the property in question is only a debt due by the respondent to the estate, or, if specific property, that its ownership or right of possession, by lien, or in trust, is claimed by respondent, the validity of that claim can be determined only in proper action at law or m equity by or against the respondent; Ex parte Casey, 71 CaL 269, 12 Pac. 118; Ex parte Hollis, 59 Cal. 405, 412; Stuparich Mfg. Co. v. Superior Court 123 Cal 290 55 Pac. 985; Tomskv v. Superior Court, 131 Cal. 620, 63 Pac. 1020; Bucklev V Superior Court, 102 Cal. 6, 41 Am. St. Rep. 135, 36 Pac. 360; Heydenfeldt v. Jacobs, 107 Cal. 373, 378, 40 Pac. 492; Curtis v. ScheU, 129 Cal. 208, 221, 79 Am. St. Rep. 107, 61 Pac. 951 No. 1825. Order Directing Citation to Banker et al. in Proceedings to Recover Unclaimed Deposits. [Title of Court and Estate.] Upon reading and filing the petition of W. A., administrator of the estate of the above-named decedent, and it satisfactorily appearing therefrom that the C. S. and L. Society, doing business and having its office and principal place of business in the city and county of San Francisco, state of California, has in its possession, and under its cus- tody and control, a deposit of $1,251.46, or thereabouts, and also certain books and registers showing the identity of the depositor of said sum with the above-named A. A., deceased, and the fact that the said sum, or any amount due on account of said deposit, is the property of said deceased, which property the said C. S. and L. Society has hitherto re- fused, and still refuses, to deliver to said administrator, and which books and registers it has hitherto disallowed and still disallows said administrator to inspect or examine for the purpose of establishing said identity; and it further appearing that the full baptismal name of said deceased was A. M. A., although she frequently called herself and was known as A. A.: Form 1826 Cowdeby's Form Book. 670 It is ordered that a citation issue out of this court, directed to said C. S. and L. Society, requiring the said society, its president, secretary, cashier, treasurer or other officer having the control and custody of any books or registers of said society containing any entries in reference to A., A. M., or A. M. A., to appear before this court, in the courtroom of deparLment No. 2 thereof, at 9:45 o'clock A. M. of Tuesday, the twenty-first day of February, 1917, with the aforesaid books and regis- ters or papers of any kind containing such entry or entries, then and there to be examined on oath touching the matters of said petition and to show cause, if any there be, why an order of this court should not be made herein directing the said C. S. and L. Society to pay over and deliver to said W. A., as administrator of the estate of A. A., deceased, the sum of $1,251.46, or such other sum as may be found to be due from said C. S. and L. Society on account of said deposit to said W. A., as administrator of the estate of said decedent. Dated . > , Judge. NOTE.— California, Code CSv. Proc, sec. 1461. No. 1826. Order Approving of Administrator's Payment of Debt With- out Creditor's Affidavit. [Title of Court and Estate.] It appearing to the court that A. B., the administrator of this estate, paid C. D. a claim of $3,727.50, within the time limited by law for the payment of such claims, but without the affidavit or other proof of said claim required by law, and it having been proven by competent evidence, to the satisfaction of the court, that said amount was a just debt, and was due against the said estate, and was paid in good faith, that said amount was the true amount of such indebtedness over and above all payments or setoffs, and the said estate being solvent, the said amount is allowed the said administrator in the settlement of his accounts. Dated . , Judge. NOTE. — Under such circumstances "it is the duty" of the court to allow the claim. It must be shown "that such debts were justly due; were paid iu good faith; that the amount paid was the true amount of such indebted- ness, over and above all payments or setoffs," and the estate is solvent: California, Code Civ. Proc, sec. 1632; Alaska Comp. Laws, 1913, sees. 1652- 1661; Arizona, Eev. Stats. 1913, par. 1007; Idaho, Kev. Codes 1907, sec. 5597; Montana. Eevised Codes, see 7644; Utah, Rev. Stats., see. 3944; Washington, Bern. Codes, sec. 1560. 671 Executors and Administrators. Form 1827 No. 1827. Petition for Order Directing Surviving Partner to Render Account. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: H. J., administrator of the estate of W. B., deceased, respectfully shows : That at the time of the death of said deceased, to wit, on January 3, 1917, there was a partnership between deceased and S. B., composing the late firm of B. & B., and doing business as grocers under said name and style at 3129 Valencia street, in said city and county. That said surviving partner continued, and still is, in possession of the effects of the said partnership for the purpose of settling the busi- ness. That the interest of the said deceased, to wit, one-Tialf of the assets of said partnership, was included in the inventory heretofore made and returned by said administrator to this court, and was appraised as other property, the appraised value thereof being the sum of $3,167.97. Tliat the said surviving partner has delayed and is delaying the settling of the affairs of said partnership, more than one year having elapsed since the said inventory has been filed; and has not accounted with the said administrator, though often requested so to do, but has refused, and still refuses, to account with said administrator, or to give any information as to the condition of the affairs of said partnership; and lias never paid over any such balances as may, from time to time, 'have been payable to said administrator on account of said estate [or said partner has promised to account, but has, and still does, neglect to render said account]. Tliat there are many debts outstanding against said deceased, and that it has become necessary to ascertain the value of said partnership interest in order to determine the necessity of selling real estate to pay said debts, and the debts, expenses, and charges of the administration. Wherefore, said administrator applies to this court for an order that the said surviving partner render an account of the said partnership, showing a full statement of its affairs at the time of the death of said deceased, and the condition thereof from that time until the day of rendering said account, and for such other or further order as may be meet in the premises. [Signature.] NOTE. — In California, upon the petition [application] of the executor or administrator, the court may order a surviving partner of the deceased to render an account and may enforce the order by contempt proceedings [attachment]: California, Code Civ. Pipe., sec. 1585. Forms 1828-1830 Cowdery's Form Book. 672 No. 1828. Order Directing Surviving Partner to Render an Account. [Title of Court and Estate.] It appearing from the petition of , executor of the will of deceased, this day filed herein, that , the surviving partner of said decedent, should render an account to said court in the matter of the partnership previously existing between said and said decedent, in a certain business at , California: It is hereby ordered that said , surviving partner as aforesaid, be cited to render an account of the said partnership affairs of himself and said decedent, and to file the same in this court within ten days from this date, or that within said time he show cause to this court why said account should not be rendered. Dated , 19—. ^ j^^^^ ^^ Superior Court. NOTE. — Such order may be made by the court whenever it appears to be necessary; and, in case of neglect to do so, it may, after notice, compel obedience by attachment — that is to say, by contempt proceedings based upon order to account: California, Code Civ. Proc, sec. 1585; Arizona, Rev. Stats. 1913, par. 970; Montana Revised Codes, sec. 7607; Washington, Rem. Codes, sees. 1441, 1442 No. 1829. Order for the Payment of Debts of Insolvent Estate. [Title of Court and Estate.] It appearing from the settlement of the administrator's account filed within thirty days after the expiration of the time for the presentation of claims that the entire property of the estate has been sold and the net proceeds, amounting to $10,824.50. are in his possession, which amount, together with other money, to wit, $8,842, in his possession as stated in said account amounts to $19,648.50 ; it also appearing that the debts of the estate amount to $32,816, and the entire expenses of admin- istration taxes amount to $1,822.50. It is ordered that the said $1,822.50, be deducted from said $19,648.50, and the $17,826 remaining be paid to said creditors as follows : [Distrib- uting the amount so that each creditor will receive his proportion.] NOTE. — Under the circumstances related the estate is exhausted and each creditor receives his proportion; and the court must specify in the decree^ the amount to be paid to each creditor. Such account is final, and the adminis- trator is entitled to his discharge upon proof showing that such payments have been made: California, Code Civ. Froc, sec. 1647. No. 1830. Clause in Order for Payment of Debts that Claim Disputed or Contingent not Due be Paid into Court. [Title of Court and Estate.] It is ordered that the claim of A. B. C, for $3,256, described in said account as not due [or is contingent, or disputed], be paid into this court there to remain and be paid to the said A. B. C. when he becomes entitled thereto. [Signature.] 873 Executors and Administrators. Forms 1831-1833 NOTE. — If a party fails to establish his claim, the court "into" which it is paid will distribute or pay it as the circumstances of the estate require: California, Code Civ. Proc, sec. 1648. No. 1831. Petition for an Order Directing Executor to Invest Funds of an Estate. [Title of Court and Estate.] The petition of A. B. states that she is the widow of C. B., de- ceased. That E. F., the executor of the last will of deceased, has in his possession $100,000 of the moneys of said estate on general deposit in The People's Home Bank, without interest. That it is for the best interest of said estate that said money be invested in safe marketable securities. [The said estate having no creditors and there being enough rents and interest becoming due it is unnecessary for said executor to reserve any money for the expenses of the estate, costs, legacies or for any other purpose.] Wherefore petitioner prays for an order directing said executor to in- vest said $100,000 in securities of the United States or of the state of California. [Signature.] NOTE.— California, Coae Civ. Proc, sec. 1640. No. 1832. Order Directing Publication Notice of Application for Order Directing Executor to Invest Moneys of an Estate. [Title of Court and Estate.] Upon reading and filing the petition of A. B. herein, and good cause appearing, it is ordered that the clerk of this court give notice by publi- cation in the "R'.' once a week for two weeks, to all interested persons to show cause before the court on Friday, June 3, 1917, at 10 o'clock A. M., why the executor of the last will of C. B., deceased, should not invest $100,000 of the moneys of said estate in securities of the United States or of the state of California. Dated , 19—. , Judge. NOTE.— California, Code Civ. Proc, sec 1640. No. 1833. Notice of Hearing of Petition to Invest Funds. [Title of Court and Estate.] Notice is hereby given that , an heir of , deceased, has filed his petition herein praying that this court make an order directing that the funds of said estate be invested in such securities of the United States or of the state of California as this court may deem advisable, for the following reasons, to wit [here state reasons] ; and that the hear- ing of said petition has been fixed for , the day of , 19 — , at the hour of 10 o'clock A. M., at the courtroom of the above-named Form Book — 43 Forms 1834, 1835 Cowdery's Form Book. 674 court, at which time any person may appear and present to this court his objections to the granting ©f such order. Dated , 19—. [Seal] ■ , Clerk. No. 1834. Order Directing Executor to Invest Moneys in Bonds. [Title of Court and Estate.] It appearing to the court upon the hearing of the petition of A. B., the widow of the said C. B., deceased, that the executor of the last will of said deceased has, in his possession, $100,000 in gold coin of the United States, which money is on general deposit with The People's Home Bank, without interest, and it being for the best interests of said estate that said money be invested in good securities, it is ordered that said executor purchase in open market at the market price. Liberty Bonds of the United States 'f the issue of 1917. [Signature.] NOTE. — Pending the settlement of estates, a court may, on the petition of an interested party, make such order: California, Code Civ. Froc, sec. 1640. No. 18S5. Order Confirming Sale of Contract to Purchase Land. ' [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having made to this court, and filed in the office of the clerk thereof, a return of her proceedings under the order of sale herein, and said matter, coming on regularly this day to be heard, and it having been proved to the court that in pursuance of said order of sale, and as ordered by the court, the clerk of this court caused notice of the time and place of holding said sale to be posted up in three of the most public places in the city and county of San Francisco, in which the land ordered to be sold is situated, and to be published in the "D. E. B.," a newspaper printed and published in the same city and county, for three weeks successively next before such sale, in which order of sale and notice the lands and tenements to be sold were described with common certainty, as follows, to wit : [Description.] That at such sale S. W. became the purchaser of said real estate for the sum of $ , he being the liighest and best bidder, the said sum being the highest and best sum bid. It is therefore ordered that the said sale of the contract to purchase possessed by said decedents hereinafter described, be in all things con- firmed and that upon payment of said price the said administratrix, A. B. C, as administratrix, is ordered to execute and deliver to said purchaser an assignment of said contract described as follows, to wit: [Description.] NOTE. — California, Code Civ. Proc, sees. 1565-1568, Sec, also, Alaska, Comp. Laws 1913, sec. 1679; Idaho, Rev. Codes 1907, see. 5532; Montana, Eev. Codes 1907, sec. 7588; Nevada, Rev. Laws 1912, 675 Executors and Administrators. Form 1836 sec. 6010 J North Dakota, Comp. Laws 1913, socs. 87S3-8785; Oklahoma, Harris & Day's Code 1910, sees. 6398-6401; Oregon, Lord's Oregon Laws, sees. 1266-1268; Washington, Eem. Code, sees. 1524-1527; Wyoming, Comp. Stats. 1910, sec. 5674. No. 1836. Petition for an Order Directing Executor to Convey Land Under a Contract With Deceased. [Title of Court and Estate.] To tlie Honorable, the Superior Court of the City and County of San Francisco, State of California: The petition of M. O'K. respectfully represents: That S. D., on the fourth day of December, 1916, executed and de- livered to these petitioners a contract in writing wherein and whereby he agreed to sell and convey to your petitioners for the sum of $650, that certain real property situate in the city and county of San Fran- cisco, state of California, described as follows, to wit: [Description.] That there has been paid on account of said purchase price and in- terest the sum of $449, and on May 24, 1917, there was the sum of $201 owing on said contract of purchase, and by the terms of said coniraet your petitioners were entitled to pay said amount at the rate of ten dollars per month, together with interest at six per cent per annum, and were also entitled to pay the total amount owing on said purchase price at any time they might elect to do so, and thereupon to receive a deed for said real property. That said S. D. died on the fifth day of April, 1917, and after pro- ceedings duly had therefor the will of said decedent was admitted to probate in this court, and J. C. R. has been appointed executor of said v/ill, and letters testamentary duly issued to him, and he is now the duly qualified and acting executor of said will. That your petitioner is ready and willing and desires to pay in full the balance owing on said contract of purchase hereinbefore described, and is entitled to a conveyance of said real property from said executor, as provided for in sections 1597, 1598, 1599, 1600 and 1601 of the Code of Civil Procedure of the state of California. Wherefore your petitioner prays that this petition be set for hearing, and due notice thereof given, and that on the hearing thereof a decree be entered authorizing and directing the said executor to execute a con- veyance of said property to said petitioner upon said payment of said sum of $201, together with interest of said sum from May 24, 1917, at the rate of six per cent per annum, and that the court make such other order in the premises as may be proper. Dated [Signature.] NOTE.— California, Code Civ. Proc, sees. 1597-1607. Forms 1837-1839 Cowdery's Form Book. 676 No. 1837. Order Appointing Time for Hearing Petition for Order Di- recting Conveyance of Land. [Title of Court and Estate.] On reading and filing the petition of praying for an order of this court directing the administrator of the above-named estate to complete the agreement of his decedent by executing to said petitioner a deed of that certain real property situated in county, California, and described as follows: [Description.] It is hereby ordered that , 19 — , and the courtroom of this court, be and the same hereby are appointed as the time and ])Iace for hearing said petition, when and where any persons interested in said estate may appear and make objections to granting said petition; and the clerk of this court is hereby directed to publish due notice thereof in the " ," a newspaper published in said county, for not less than four successive weeks before said hearing. Dated , 19—. , Judge of Superior Court. K"o. 1838. Objections to Petition for Order Directing Administrator to Convey Land. [Title of Court and Estate.] Now comes A. B., an heir at law of said deceased, and objecting to the petition of C. D. for an order directing the administrator of the estate of E. F., deceased, to convey to him the land described in his petition, for cause of contest alleges the fact to be that the alleged written contract to convey was not binding upon said deceased, because said alleged contract was not signed by the said deceased. Dated , [Signature.] NOTE. — Any interested person may appear and by written objections con- test such petition: California, Code Civ. Proc, sec. 1599. No. 1839. Order Dismissing Without Prejudice Petition for Order to Convey Land. [Title of Court and Estate.] Now, on this day of , 19 — , the petition of , praying for a decree authorizing and directing , the administrator o£ the estate of , deceased, to convey certain real estate to petitioner, who claims to be entitled thereto under and by virtue of a certain con- tract in v/riting, alleged to have been made by decedent during his life- time, coming on regularly to be heard, and after a full hearing of the matter upon said petition and the objections thereto, and upon an ex- amination of the facts and circumstances of the claim, the court finds that the right of petitioner to have a specific performance of the con- tract mentioned in his petition is doubtful: 677 Executors and Administrators. Forms 1840-18-12 It is therefore ordered that said petition be and the same is hereby dismissed without preji;dice to the right of petitioner to proceed within six months to enforce by action a specific performance of said contract. Dated , 19—. , Judge of Superior Court. No. 1840. Order Denying Petition for an Order Directing Adminis- trator to Convey Land. [Title of Court and Estate.] The petition of A. B. for an order directing the administrator of the estate of E. F., deceased, to convey to him the land described in his petition, having been heard and submitted for judgment, and it being doubtful that the petitioner has the right to demand specific perform- ance of the contract described in his petition, it is ordered that his petition be, and it is, denied. [Signature.] NOTE. — If, in the opinion of the court, the right of the petitioner to have a specific performance of the contract is doubtful the petition must be denied. In such case action for specific performance of the contract maj be brought within six months: California, Code Civ. Proc, sec. 1602. No. 1841. Order Directing Execution of Deed. [Title of Court and Estate.] The petition of , praying for an order of this court directing , administrator of said estate, to convey certain real property to petitioner, coming on regularly this day to be heard, and it appearing from the proofs ad^luced that due and legal notice of this hearing has been given, that said decedent in his lifetime duly executed a contract in writing to convey the real estate hereinafter described to said peti- tioner, and that said petitioner lias in all respects performed his part of said contract and is entitled to the conveyance prayed. Therefore it is hereby ordered and decreed that said , as admin- istrator of said estate, be and he hereby is authorized and directed to execute a proper deed to said , of the following described real property, to wit: [Description.] Dated , 19—. , Judge of Superior Court. No. 1842. Order Directing Administrator to Execute Conveyance and Surrender Possession. [Title of Court and Estate.] The petition of , praying for an order of this court directing , administrator of said estate, to convey certain real property to petitioner, coming on regularly tliis day to be heard, and it appearing from the proofs adduced that due and legal notice of this hearing has been given, that said decedent in his lifetime duly executed a contract Forms 1843-1845 Cov\^dery's Form Book. 678 in writii;;^ to convey the real estate hereinafter described to said peti- tioner, and that said petitioner has in all respects performed his part of said contract and is entitled to the conveyance prayed. Therefore it is hereby ordered and decreed that said , as admin- istrator of said estate, be and he hereby is authorized and directed to execute a proper deed to said , of the following described real prop- erty, to wit: [Description.] No. 1843. Petition for Continuation of Administration. [Title of Court and Estate.] To the Honorable, the Superior Court in and for the County of Napa, State of California: Now comes the executor and all the legatees and devisees named in the last will of the said A. B., deceased, and petition the court to have the administration of the estate of said deceased continue for a longer period of time than that designated in said will for the reason that the time designated in said will is June 3, 1917, and it will be injurious to the said estate and to the said beneficiaries to have the said administra- tion brought to a close at the date therefor designated. [Signature.] NOTE.— California, Civ. Code, sec. 1670. No. 1844. Petition for Authority to Compromise Claim. [Title of Court and Estate.] To the Honorable Superior Court aforesaid: The petition of , executor of the will of , deceased, respect- fully represents that there has come to his possession, as one of the as- sets of the estate of said decedent, a promissory note against , dated • , 19 — , for tlie sum of five hundred dollars, and that the interest accrued and unpaid thereon amounts to the additional sum of one hun- dred and twenty dollars. That said is insolvent, and offers to pay in liquidation of said note the sum of three hundred dollars ; and that your petitioner believes that it is for the best interest of this estate tliat such offer be accepted. Wherefore your petitioner prays that he be authorized to compromise said debt in accordance with the terms of said offer, and give said debtor a discharge. Dated , 19—. , Petitioner. • , Attorney for Petitioner. No. 1845. Order to Compromise Debt. [Title of Court and Estate.] Upon reading and filing the petition of , executor of the will of , deceased, praying for authority to compromise a debt of six hun- dred and tv.'cnty dollars due the estate of said decedent from , an 679 Executors and Administrators. Forms 1846, 18-47 insolvent person, and it appearing that said debtor has offered to pay three hundred dollars in discharge of said debt, and it appearing that the best interests of said estate will be promoted by accepting said offer; It is therefore ordered that said executor compromise said del)t by accepting in full satisfaction thereof the sum of three hundred dollars, and execute a proper discharge to said debtor. Dated . , Judge of Superior Court. No. 1846. Order Approving an Administrator's Agreement to Com- pound With a Debtor. [Title of Court and Estate.] A. B., the administrator of the estate of C. D., deceased, having accepted a payment of $000 in satisfaction of a debt of $3,725.50, owing by E. F. to said estate, which debt was appraised at $3,725.50 in the in- ventory and appraisement on file in said estate ; and it appearing to the court that said E. F. is insolvent, and that he has assigned all his prop- erty to the sheriff of the county of Nevada for the benefit of all his cred- itors, and that said assignment was made in manner and form as is by law required, and it appearing that all the creditors of the said E. F. have agreed to accept the same proposition of their demand, it is hereby ordered that the said A. B., as administrator, aforesaid, give the said E. F. a discharge of said debt. Dated . , Judge. NOTE. — Such orcler may be made at any time when it appears to be just, and for the best interests of the estate: California, Code Civ. Proc, sec. 1588. No. 1847. Decree of Final Discharge. [Title of Court and Cause.] It appearing that said estate has been fully administered, and it being shown by the administratrix thereof, by the production of satisfactory vouchers, that said administratrix has paid all sums of money due from her, and delivered up under the order of the court all the property of the estate to the parties entitled, and performed all acts lawfully re- quired of her ; It is ordered, adjudged and decreed, that said administratrix and her sureties be, and they are hereby, released and discharged from all liabil- ity to be hereinafter incurred ; that the said estate is fully distributed, and the trust settled and closed. Dated . , Judge. NOTE. — When the estate has been fully administered, and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has paid all sums of money due from him, and delivered np. under the order of the court, all the property of the estate to the parties entitled, and performed all the acts lawfully required of him, the court must make Forms 1848, 1849 Cowdery's Form Book. 680 a jndgriient or decree discharging him from all liability to be incurred there- after: California, Code Civ. Proc, see. 1697; Arizona, Eev. Stats. 1913, par. 1071; Idaho, Eev. Codes, 1907, see. 5649; Montana, Eevised Codes, see. 7696; "Washington, Rem. Codes, sec. 1608. No. 1848. Complaint by Aclininistrator. [Title of Court and Cause.] The plaintiff, as such administrator, complains, and alleges: 1. [State cause of action accruing to the intestate.] 2. Tliat on the twenty-first day of Februarj^, 1917, at N., the said A. B. died intestate, being at the time of his death a resident of the county of Fresno. 3. Tliat thereafter such proceedings were had in the matter of the es- tate of said A. B. in the superior court of the state of California, in and for the county of Fresno ; that on the twenty-first day of February, 1917, by an order of said court duly given and made, plaintiff was appointed administrator of the estate of said A. B. ; that he duly qualified as such administrator and letters of administration were issued to him which have never been revoked. 4. That the plaintiff thereupon duly qualified as such administrator, and entered upon the discharge of the duties of his said office, and that said letters of administration have not been revoked. No. 1849. Complaint Against Administrator or Executor. [Title of Court and Cause.] The plaintiff complains and alleges: 1. [State cause of action against the decedent.] 2. That on the twenty-first day of February, 1917, at N., the said A. B. died intestate, being at the time of his death a resident of the county of Fresno. 3. That thereafter such proceedings were had in the matter of the es- tate of said A. B. in the superior court of the state of California, in and for the county of Fresno ; that on the twenty-fifth day of February, 1917, by an order of said court duly given and made, defendant was appointed administrator of the estate of said A. B. ; that he duly qualified as such administrator and letters of adniinistration were issued to him which have never been revoked. 4. That said defendant, as such executor [or administrator], in pur- suance of an order of the superior court of San Diego county caused a notice to creditors of said deceased to be published in the "News," the same being the newspaper designated by said court, requiring all persons having claims against said deceased to exhibit them, with the necessary vouchers, to the said executor [or administrator], at [specify the place] ^ the same being specified therein as his place of business, within ten months after the first publication of said notice; that said notice was first published on the eighth day of June, 1917. 5. That on the twenty-seventh day of May, 1917, at M., the claim hereinbefore set forth, verified by the oath of the claimant, and upon 681 Executors and Administrators. Form 1850 which this action is founded, was duly presented in writing by the plain- tiff to the defendant, as such administrator [or executor], for allowance. And that the same was by him, as such administrator [or executor], re- jected on the thirty-first day of May, 1917; that a copy of said claim as presented is hereunto attached and made a part of this complaint. No. 1850. Application of Creditors for Executor to Recover Property. [Title of Court and Estate.] The application of and respectfully shows : That they are creditors of the estate of , deceased, to the aggre- gate amount of dollars ; that their respective claims have been duly presented to the administrator and allowed by him, and have also been approved by a judge of this court, and are filed herein, and are ranked among the acknowledged debts of the estate. That there is a deficiency of assets in the hands of the administrator of the estate to pay the claims of petitioners, as is shown by the inven- tory and appraisement on file, and by the account of the administrator of said estate heretofore filed herein, which are hereby referred to and made a part hereof. That in his lifetime deceased was possessed of the following described real estate, to wit [description], and also of the following goods and chattels, to wit [description]. That on the day of . 19 — , he conveyed all of said property to one , which petitioners are informed and believe, and therefore allege, was done by said , now deceased, and accepted by said , with an intent on the part of each to defraud the creditors of , now deceased, and to hinder and delay them from collecting the amounts justly due to them from him. That said estate and property, if now in the hands of said adminis- trator, would pay off a large amount of the debts due petitioners. Tliat petitioners have made application to said administrator to com- mence and prosecute to final judgment an action for the recovery of said property on behalf of said estate, and have offered and now offer to pay such part of the costs and expenses of the suit, or give such security to him therefor, as this court shall direct; but that said administrator has wholly neglected and refused to prosecute such action. Wherefore petitioner prays that a citation be issued, requiring him to show cause why he should not commence and prosecute said action, on payment of such part of the costs thereof, or upon giving such security therefor, as this court may direct. Dated . Attorney for Applicants. Forms 1851, 1852 Cowdert's Form Book. 682 No. 1851. Order Directing Administrator to Recover Property. [Title of Court and Estate.] The application of and , creditors of the above-named estate, praying for an order of this court requiring the administrator of said estate to proceed and recover certain property which it is alleged said decedent fraudulently disposed of in his lifetime, and it appearing from said petition, and the proofs adduced at the hearing thereof, that said applicants are creditors of the estate of said decedent; that there arc not sufficient assets in the hands of said administrator to pay their said claims ; that in his lifetime said decedent was possessed of the real and personal property hereinafter described; that said deceased, during his lifetime, with an intent to defraud his creditors, and to hinder and de- lay them from collecting the amounts justly due to them from him, con- veyed to said real and personal property : It is therefore ordered that said administrator forthwith commence an action, and prosecute the same to final judgment, to recoversaid property,- which is described as follows, to wit [here insert description] ; and it is further ordered that said applicants give to said administrator a bond, to be approved by this court, in the penal sum of seven hundred and fifty dollars, conditioned that said applicants will pay to said admin- istrator, on his demand, from time to time, a sum sufficient to pay the costs and expenses of such action, and also counsel fees therein, and to keep said administrator and said estate harmless from all expense on account of said action; and it is further ordered that in case said action is successfully prosecuted, said administrator shall refund to said appli- cants, out of the property so recovered, all the expenses of said action which may have been paid by them. Dated . ^ Judge of Superior Court. No. 1852. Complaint Against Administrator With Will Annexed. In the Superior Court of the State of California, in and for the County of . . , Plaintiff, V. , as Administrator of the S Estate of , Deceased, Defendant.^ Plaintiff complains of defendant as the administrator aforesaid, and for cause of action alleges: 1. [State the cause of action against the decedent.] 2. That subsequently, on the day of , 19—, said died, leaving a last will wherein he named executor thereof; that there- after on the day of , 19—, said will was duly proved in the superior court of the county aforesaid, and by the judgment of such court duly admitted to probate: that thereupon, on said day, lettera 683 Executors and Administrators, Forms 1853, 1854 testamentary were duly issued out of said court to , as executor of said will, which trust he thereupon accepted and duly qualified for by taking an oath and executing a bond as required by law. No. 1853. Order that Application for Letters of Administration and Contest for Letters WiU be Heard Together. [Title of Court and Estate.] It is ordered that the application of A. B. for letters of administra- tion upon the estate of E. F., deceased, and the contest of C. D. opposing the petition of A. B., and the petition of C. D. that letters of adminis- tration be granted to him upon said estate, be set for hearing on the third day of June, 1917, at 10 o'clock A. M., and be heard together. [Signature.] NOTE.— California, Code Civ. Proc, sec. 1374. No. 1854. Order Appointing Executor in Place of Executor Removed Because of Contempt of Court. [Title of Court and Cause.] Be it known tliat on , 19—, , the executor of the will of , deceased, was ordered by this court to file an account of his administra- tion within ten days from , 19 — , which order was not obeyed; whereupon the said , was cited to answer for contempt of this court because of said disobedience and after a full hearing he was committed to the custody of the sheriff of said county until he obeyed said order, and has remained in said custody for thirty days without obeying said order, or purging himself otherwise of contempt; now, for the reasons aforesaid, the letters issued to him, the said , as executor as afore- said, are hereby revoked. And C. L. M. is hereby appointed administrator with the will annexed of the estate of said deceased in place of the said C. D., and the clerk of this court is ordered to issue said letters upon his, the said C. L. M., filing a bond as by law required in the sum of $20,000, to be approved b}' tlie judge of this court. [Signature.] NOTE. — The court has power to include in its order of revoking letters an order appointing a person to the trust reposed in the person removed; California, Code Civ. Proc, sec. 1721; Montana, Eev. Codes, sec. 7719; North Dakota, Probate Code, sees. 6362-6371; South Dakota, Probate Code, sec. 343; Utah, Rev. Stats., see. 3840. Forms 1858, 1859 Cowdery 's Form Book. 684 EXTRADITION. 1858. Requisition upon another governor or foreign government. 1859. Warrant of arrest on extradition. No. 1858. Requisition upon Another Governor or Foreign G-overnment. Executive Office, Lewiston, Idaho Territory, United States of America, A. D. 1863. To His Excellency the Governor of British Columbia, or of the State of California: Be it known, that on this twenty-third day of October, A. D. 1863, personally appeared before me, W. H, Wickersham, who presented to me an affidavit by him made, which is in due form of law, and which declares that a murder and highway robbery has been committed in this territory; and William Johnson, G. Clark, D. Smith, and F. Perkins, committed the same; and that they, the aforesaid William Johnson, G. Clark, D. Smith and F. Perkins have fled from this territory to British Columbia, or to the state of California ; therefore, I request that the said fugitives be delivered up to Hill Beachy and Thomas Farrell, citizens of the United States and of Idaho Territory, whom I hereby appoint and constitute the proper authorities to receive the aforesaid fugitives, under the treaty between the United States and Great Britain, bearing date of August the ninth, 1842, so that the aforesaid fugitives may be tried in this territory, in accordance with the laws of this terri- tory and of the United States. William B. Daniels, Acting Governor of Idaho Territory, in the U. S. of America. In witness whereof, I have hereunto set my hand and seal of Idaho Territory, at Lewiston, this twenty-third day of October, A. D. 1863, and of the Independence of the United States the eighty-eighth. [Seal] Wm. B. Daniels, Secretary of Idaho Territory. NOTE.— See Matter of Romaine, 23 Cal. 526. No. 1859. Warrant of Arrest on Extradition. State of California, Executive Department, Sacramento, Nov. 2, 1863. To the People of the State of California, to any Sheriff, Constable, Mar- shal, or Police Officer, in this State : Whereas, a requisition has been made upon me, as the governor of the state of California, for the arrest and delivery to the proper person of William Johnson, G. Clark, D. Smith and F. Perkins, charged with the crime of murder and highway robbery, in the territory of Idaho, and said requisition being issued in proper form, by William B. Daniels, acting governor of the territory aforesaid, you are therefore com- manded, forthwith, to arrest the above-mentioned Wm. Johnson, G. Clark, 685 False Representations. Forms 1862, 1863 D. Smith and F. Perkins, and deliver them into the custody of Hill Beachy and Tliomas Farrell, who have been appointed agents of the ter- ritory of Idaho, to receive the said fugitives from justice, and to convey them to the said territory of Idaho for trial. In witness whereof I have hereunto set my hand and caused the great seal of state to be affixed, at my office, in Sacramento, California, this second day of November, in the year of our Lord one thousand eight hundred and sixty-three. [Seal] Leland Stanford, Governor of California. A. H. H. Tuttle, Secy, of State. NOTE. — Precedent in Matter of Eomaine, 23 Cal. 588. FALSE IMPRISONMENT. 1862. Complaint for damages for false imprisonment* No. 1862. Complaint for Damages for False Imprisonment. [Title of Court and Estate.] The plaintiff complains and alleges: 1. That on the twelfth day of July, 1917, at P., the defendant im- prisoned him for ten days [or hours, as the case may be], without prob- able cause [state special damages, if any], to the damage of the plaintiff $1,250. Wherefore plaintiff prays [etc.]. [Signature.] FALSE REPRESENTATIONS. 1863. Complaint for damages for misrepresentations as to mining property. 1864. Complaint for fraudulent representations in procuring credit. No. 1863. Complaint for Damages for Misrepresentations as to Mining Property. [Title of Court and Cause.] August Ahrens, the plaintiff in this suit, complains of Bar Adler, the defendant, and for cause of action alleges: That on the thirty-first day of July, A. D. 1863, and also on divers days and times previous thereto, as well as after that date, and up to the tenth day of October, 1863, at the city of San Francisco, the defendant. Bar Adler, having offered to this plaintiff that he would convey, by a certain instrument commonly called a mining deed or conveyance, the undivided one-half part of the interest which he, .the defendant, then possessed in the following enumerated veins or lodes of rock, containing, as defendant alleged, precious metals of gold, silver, and copper, situate in the then territory, now state, of Nevada, described as follows, to wit: [Here Form 1863 Cowdery 's Form Book. 686 Was described in detail the various veins and lodes], upon condition tliat this plaintiff should render services and perform labor by him- self and servants between that date and the sixteenth day of November, 1SG3, as house builder and mechanic, on certain buildings of the prop- erty of the defendant, which he was then about to commence the con- struction of, situate on the north side of Sacramento street, between Dupont and Stockton streets, in the city of San Francisco; and also furnish materials to be used in the construction of said buildings, such as brick, lumber, lime, and such other materials as are generally used in the construction of brick buildings, to the defendant, to the extent, price, and sum of one thousand four hundred dollars, at the then gold marl:et price for such labor and materials; did willfully, know- ingly, falsely and fraudulently, and with intent to cheat and defraud the plaintiff, falsely and fraudulently represent, say and declare to this plaintiff that the interest which the defendant then offered to convey to plaintiff in said several mines, lodes or ledges was of great value ; that the said interest was of the market value of three thou- sand dollars; that the said mines were well known; that the defendant then took from his pocket and delivered to plaintiff, for the purpose and with intent fraudulently to induce plaintiff to purchase said in- terest, a piece or sample of very rich gold-bearing quartz, rock, or ore (which is here produced) ; and the defendant then stated to plain- tiff, that of his own knowledge the specimen or sample of rock in question had been taken from the said Minnehaha Mine or Ledge; that he had taken it therefrom; and that said specimen in point of richness and value was scarcely a fair average specimen or sample of the ore of said mine; that the said mine was a large one; that the lode or ledge was from fourteen to twenty feet in thickness at the croppings or surface; that it gi'ew wider all the way below the surface to the depth of one hundred and thirty feet, to which depth the mine had been opened; that said mine contained tens of thousands of tons of rock or ore as rich, if not richer, in gold than the sample or specimen shown as aforesaid; that said ledge or lode then commanded in the market here one hundred dollars per foot; that the defendant had examined said several mines; that he found that they were one and all rich in gold, silver, and copper; that he found the said IMountain Queen Ledge, Lode, or Mine was richer even than the Minnehaha Queen Ledge, Lode. or Mine; that he would guarantee to the plaintiff that the Minnehaha Ledge would be worth and command in this market one thousand dollars per foot within the sixty days then next ensuing; that he would warrant that the interest which he proposed to convey to plaintiff in said several mines or lodes as aforesaid, before the close of the year 1863, would com- mand in this market forty thousand dollars to sixty thousand dollars; that if plaintiff would take said interest and jiay the consideration afore- said, and if afterwards plaintiff sliould- think he made a bad bargain, that he (the defendant) would bring forthwith a good, wealthy man to plaintiff who would take said interest off plaintiff's hands, and pay him fourteen hundred dollars therefor, and a large profit besides; that 687 False Representations. Form 1863 the defendant was a wealthy Jew; that he knew plaintiff was not a Jew, but that plaintiff's wife was a Jewess, and because plaintiff's wife was a Jevvcss the defendant was plaintiff's friend, and that the defendant honestly desired to help plaintiff; that if plaintiff would take the defendant's sacred word of honor in said matter and purchase said mining interests, this plaintiff would at once become wealthy; that plaintiff should keep quiet about said affair; that the offer which he then made to plaintiff' in point of liberality was such an one that he would make to no one but plaintiff; that he would not like tliat said offer would be noised about, for fear that his (the defendant's) wife might hear of it; that if she should hear of it she would lock him out of doors; that she was in the habit of serving him in that manner very often; that she generally served him rightly. That plaintiff, relying upon said rcpresentatioris, on the thirty-first day of July, 1863, accepted the defendant's said offer, and entered into a iDuilding contract or agreement with the defendant, whereby plaintiff agreed to render and perform by himself and servants, labor as house builder and contractor, and to furnish building materials as aforesaid, and to work up the same into and about the two brick buildings, the property of the defendant aforesaid, to the value, at the market price for such labor and materials, of one thousand four hundred dollars ($1,400). That the plaintiff fully, in all respects, furnished the materials for, and performed the labor on, said buildings, to the value, at the gold market price, of one thousand and four hundred dollars; and the plaintiff duly performed all the conditions of said agreement on his part to be kept and performed, and on the tenth day of October, 1863, plaintiff became entitled to a deed of said mining interest from the defendant, and afterwards, on the said tenth day of October, 1863, the defendant, in consideration of the sum of one thousand four hun- dred dollars, which had been previously paid to him in building matiaials and labor as aforesaid, made and delivered to plaintiff a deed or con- veyance of the mining interest aforesaid. That in truth, and as the defendant then and all the time well knew, the said mining interest was not of great value, or of any value whatsoever; that the same was vrorthless and unsalable; that said sample or specimen of quartz had not been taken by defendant from the Minnehaha Ledge; that defend- ant had not visited or examined said mines; that the said mines were unknov/n; that said specimen or sample was not an average sample of the ore of said ?ilir.nehaha Mine, or of any said mines or lodes; that in truth the said specimen proves to be a piece of California gold- bearing quartz; that the said Minnehaha Mine is not a large one; that there was no such mine; in fact, that said mine is not fourteen to tvventy feet in thickness at the surface, nor does the same groAV Avider below the surface of the earth; that said mine had not been opened; that said mine does not contain tens of thousands of tons of rock or ore as rich as the specimen shown by defendant, or any rock of that quality or richness, or of any richness whatever; that said ledge or mine Form 1864 Cowdery's Form Book. 688 did not then or at any time sell for one hundred dollars per foot ; that the defendant had not examined any of said mines or lodes; that none of said mines were or are rich in gold, or silver, or copper; that the Mountain Queen Ledge was not rich ; that there was no such mine ; that the Minnehaha Ledgo did not at any time command one thousand dollars a foot in this or any other market, or any other price per foot; that the said mining interest did not at any time during the year 1863 command forty thousand dollars, or sixty thousand dollars, or any other price; that in due time plaintiff did think he had made a bad bargain and requested defendant to produce a man who would take said inter- est off plaintiff's hands for one thousand four hundred dollars; that defendant did not produce such man or any man; that defendant did not desire to help plaintiff; that plaintiff did take and act upon defend- ant's sacred word of honor on said matter. And the following is the sequel; that plaintiff did not become wealthy by the purchase of said mining interest; that the said miniug deed has not been recorded; that within thirty days after the deliv- ery thereof by defendant to plaintiff, this plaintiff discovered for the first time that he had been misled and defrauded by the defendant in the premises; that is to say, that said mining interest was absolutely worthless, and never had been of any value whatsoever. That by reason of the premises herein above stated, this plaintiff has been misled, cheated, wronged and defrauded by the defendant, to plaintiff's damages in the sum of two thousand five hundred dollars. Wlierefore, plaintiff demands judgment against the defendant in the sum of two thousand five hundred dollars, with costs. [Signature.] NOTE. — Precedent in Ahrens v. Adler, 33 Cal. 609. No. 1864. Complaint for Fraudulent Representations in Procuring Credit. [Title of Court and Cause.] The plaintiff complains, and alleges : 1. That on the twenty-second day of March, 1917, the defendant represented to the plaintiff that one C. D. was solvent and in good credit, and worth $2,750 over all his liabilities. 2. That the plaintiff was thereby induced to sell to the said C. D. [state articles sold] of the value of $2,250, on three months' credit. 3. That the said representations were false in this, that the said C. D. was not then and there solvent and in good credit, and worth $2,750 over all his liabilities; but, on the contrary thereof, the said C. D. was then and there insolvent and not in good credit, all of which was well known to the defendant, and said representations were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff]. 4. That the said C. D. did not pay for the said goods at the expira- tion of the credit aforesaid [or has not paid for the said goods, and the plaintiff has wholly lost the same by reason of the premises]. G89 Family Allowance. FAMILY ALLOWANCE. 1873. Petition for provision for support of family penfling return of inventory. 1874. Order for support of family until inventory returned. 1875. Petition for order setting apart personalty and for family allow- ance. 1876. Order for family allowance and setting apart personal property. INTRODUCTORY NOTE. Widow and Minor Children may Remain in Decedent's House, etc. — When a person dies leaving a widow or minor children, the widow or children, until letters are granted and the inventory is re- turned, are entitled to remain in possession of the homestead, of all the wearing apparel of the family, and of all the household furniture of the decedent, and are also entitled to a reasonable provision for their support, to be allowed by the superior court, or a judge thereof: California, Code Civ. Proc, sec. 1464. All Property Exempt from Execution to be Set Apart for Use of Family. — Upon the return of the inventory, or at any subsequent time during the administration, the court may on petition there- for, set apart for the use of the surviving husband or wife, or, in case of his or her death, to the minor children of the decedent, all the property exempt from execution, including the homestead selected, designated, and recorded ; provided such homestead was selected from the common property, or from the separate prop- erty, of the persons selecting or joining in the selection of the same. If none has been selected, designated, and recorded, or in case the homestead was selected by the survivor out of the sepa- rate property of the decedent, the decedent not having joined therein, the court must select, designate and set apart, and cause to be recorded, a homestead for the use of the surviving husband or wife, and the minor children ; or if there be no surviving hus- band or wife, then for the use of the minor children, out of the common property, or if there be no common property, then out of the real estate belonging to the decedent : California, Code Civ. Proc, sec. 1465. NOTE.— Alaska, Comp. Laws 19].'^, sees. 1647-1651; Arizona, Eev. Stats. (Civ. Code 1913), sec. 865; California, Code Civ. Proc, sees. 1464, 1465; Colorado, Mill's Ann. Stats. 1912., sec. 7995 et seq; Hawaii, Eev. Code 1915, sec. 2491; Idaho, Eev. Codes 1907, see, 5440; Kansas, Gen. Stats. 1915, sec. 4533 et seq.; Montana, Eev. Codes 1907, sec. 7508; Ne- braska, Eev. Code 1913, sec. 1364; Nevada, Eev. Laws 1912, see. 5958; North Dakota, Comp. Laws 1913, sec. 8725 et seq.; Oklahoma, Harris & Day's Code 1910, see. 6331 et seq.; Oregon, Lord's Oregon Laws, see. 1233 Form Book — 44 Forms 1873, 1874 Cowdery's Form Book. 690 et scq.; South Dakota, Comp. Laws 1913, sec. 5779; Utah, Comp. Laws 1907, sec. 3846; Washington, Eem. Code, see. 1465; Wyoming, Comp. Stats. 1910, sec. 5602 et seq. No. 1873. Petition for Provision for Support of Family Pending Re- turn of Inventory. [Title of Court and Estate.] To the Honorable Superior Court of the City and County of San Fran- cisco, State of California: The petition of M. T., the administratrix of the estate of J. T., de- ceased, respectfully shows : That said J. T. died on the seventeenth day of May, 1917, leaving a widow, M. T., and three minor children. That letters of administration of the estate of said deceased have been granted to your petitioner, and that no inventory has yet been returned. That said M. T. is without estate of her own, and wholly dependent upon said estate for maintenance; that said estate is amply able to pro- vide an allowance to said M. T. for her support, to the extent of one hundi'ed dollars per month, gold coin of the United States, which is a reasonable amount for that purpose, according to her circumstances and accustomed mode of life. Wherefore your petitioner prays that an allowance out of said estate, to said amount of one hundred dollars per month, gold coin of the United Slates, be made by your honor for the support of the family of said de- ceased until the return of said inventory. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sees. 1464, 1465. No. 1874. Order for Support of Family Until Inventory Returned. [Title of Court and Estate.] On reading and filing the petition of M. J., the administratrix of the estate of T. J., deceased, praying that an allowance for the support of the family of said deceased be made out of the estate of said deceased, until the return of the inventory, it is hereby ordered that the sumi of one hundred dollars per month, gold coin of the United States, be appro- priated out of said estate for the support of said family, until the inven- tory be returned, and M. J., the administratrix of the estate of said de- ceased, is hereby ordered to pay the same monthly, on the eighteenth day of each and every month, to the widow of said deceased, until said in- ventory be returned, or until the further order of the court. Dated . , Judge. NOTE. — In California, when a person dies, leaving a widow or miner children, the widow or children, until letters are granted and the inventory is returned, are entitled to remain in possession of the homestead, of all the wearing apparel of the family, and of all the household furniture of the G91 Family Allowance. Forms 1875, 18 / G decpflent, an(^ are also entitled to a reasonable provision for their support, to be allowed bj the court, or a judge thereof: Oalifornia, Code Civ. Proc, sec. 1464. No. 1875. Petition for Order Setting Apaxt Personalty and for Family Allowance. [Title of Court and Estate.] To the Honorable Superior Court of the City and County of San Fran- cisco, State of California: The petition of M. J., the administratrix of the estate of T. J., de- ceased, respectf ullj' shows : That, on the third day of June, 1917, an inventory and appraisement of said estate were duly returned to said superior court. That, as appears by said inventory and appraisement, said estate has been appraised at the sum of fourteen thousand one hundred and thirty- seven dollars. That the debts of said estate are few, and do not exceed, in all prob- ability, the sum of three thousand dollars ; and that said estate is solvent. That your petitioner is advised and believes that the following per- sonal property, belonging to said estate, and mentioned in said inventory and appraisement, is by law exempt from execution, to wit: One parlor stove, one large mirror, two small mirrors, five carpets, four bedsteads, beds and bedding, twelve chairs, three tables, one desk, one sofa, one cooking-stove. That the amount of said personal property, which is by law exempt from execution, is insufficient for the support of the widow and children of said deceased; and that an allowance out of the said estate is neces- sary for the maintenance of the said family; and that the sum of one hundred dollars, gold coin of the United States, per month, is a reason- able allowance, according to the circumstances of said family. Wherefore your petitioner prays that all of the said personal property may be set apart for the use of the said family; and that an allowance of one hundred dollars, gold coin of the United States, per month be made for the maintenance of said family, out of said estate, during the progress of the settlement of said estate. Dated . [Signature.] NOTE. — California, Code Civ. Proc, sees. 1464, 1465; Ala.ska, Comp. Laws, 1913, sees. 1647-1651; Arizona, Rev. Stats. 1913, par. 865; Idaho, Rev, Codes, 1907, sec. 5440; Montana, Rev. Codes, 1907, sec. 7508. No. 1876. Order for Family Allowance and Setting Apart Personal Property. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having this day made application to the judge of this court, by petition, for an order setting apart, for the use of the family of the said deceased, all per- Form 1880 Cowdery 's Form Book. 692 sonal property which is by law exempt from execution, and making family allowance, and the matter having been duly considered, it is hereby ordered that the following articles of personal property, to wit, one parlor stove, one cooking-stove, one large mirror, two small mirrors, five carpets, four bedsteads, beds and bedding, twelve chairs, three tables, one desk and one sofa, be, and the same are hereby, set apart for the use of the family of the said deceased; and that the same shall not be subject to administration. And it is further ordered that an allowance of one hundred dollars per month, gold coin of the United States, be, and is hereby, made for the maintenance of said family, out of the estate, during the progress of the settlement of said estate, and the administratrix of said estate is hereby ordered to pay the same monthly, on the sixth day of each and every month, out of the funds of said estate in preference to all other charges, except funeral charges and expenses of administration, until the further order of this court. Dated . 1 Judge. NOTE.— California, Code Civ. Proc, sec. 1465. FICTITIOUS NAMES. 1880. Certificate of change of individual doing business under a fictitious name. 1881. Certificate of person transacting business under fictitious name. 1882. Certificate of copartnership transacting business under fictitious name. No. 1880. Certificate of Change of Individual Doing Business Under a Fictitious Name. Know all men by these presents: Whereas, E. L. G. Company, a cor- poration organized under the laws of the state of California, heretofore, to wit, on the second day of December, 1916, filed in the office of the county clerk of the city and county of San Francisco, state of California, in accordance with section 2466 of the Civil Code, a certificate stating that it, the said E. L. G. Company, was doing business in California under a fictitious name, to wit, H. N. ; and Whereas, said E. L. G. Company is no longer doing business under such name ; Now, therefore, this certificate is made and filed by the said E. L. G. Company stating that it, the said E. L. G. Company, no longer does busi- ness under the name or style of H. N. ; that the place of residence of said E. L. G. Company is in San Francisco, California. In witness whereof, the said E. L. G. Company has hereunto set its hand and affixed its seal this thirty-first day of May, 1917. [Seal] E. L. G. Company. By C. A., Secretary. 693 Fictitious Names. Forms 1881, 1882 No. 1881. Certificate of Person Transacting Business Under Fictitious Name. The undersigned, California Poultry Co., a corporation, by its presi- dent and secretary thereunto duly authorized, hereby certifies: That it is transacting the poultry, game and produce business in the Spreckels Market, at 751 Market street, in the city and county of San Francisco, state of California, under the name and style of the Spreckels Market Poultry Co. ; that it is the sole owner of said business, and that no other person or persons are interested therein. That its place of residence and its principal place of business is 315 Washington street, San Fran- cisco, California. In witness whereof, said California Poultry Co., by its president and secretary thereunto duly authorized, has affixed its name and corporate seal this sixth day of June, 1917. California Poultry Co. By A. B., President. By E. K. B., Secretary. State of California, City and County of San Francisco, — ss. On this sixth day of June, "in the year one thousand nine hundred seventeen A. D., before me, H. F. S., a notary public, duly commissioned and sworn for, and residing in the city and county of San Francisco, state of California, personally appeared A. B. and E. K. B., known to me to be the president and secretary of the corporation that executed the within instrument, and they acknowledged to rae that said corpora- tion executed the same. In witness whereof, I have hereunto set my hand and affixed my offi- cial seal at said city and county of San Francisco the day and year first above written. [Seal] H. F. S., Notary Public, in and for the City and County of San Francisco, State of California. No. 1882. Certificate of Copartnership Transacting Business Under Fictitious Name. We, the undersigned, do hereby certify that we are copartners trans- acting a general garage business, including storing, cleaning, repairing, renting, buying and selling automobiles and accessories thereto, under the firm name and style of "American Garage" ; that the principal place of business of said copartnership is at 2719 Market street, in the city and county of San Francisco, state of California; and that the names in full of all members of said copartnership and their respective resi- dences are as follows, to wit : F. R. H., residing at No. avenue, San Francisco, California, and J. T. C, residing at No. street, San Francisco, California. In witness whereof, we have hereunto set our hands this day of June, . -p ^ -g J. T. C. Form 1887 Cowdery 's Form Book. 694 State of California, City and County of San Francisco, — ss. On this • day of , in the year one thousand nine hundred and seventeen, before me, D. B. R., a notary public, in and for the city and county of San Francisco, state of California, residing therein, duly com- missioned and sworn, personally appeared F. R. H. and J. T. C, known to me to be the persons described in and whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my offi- cial seal, at my office in said city and county of San Francisco, state of California, the day and year in this certificate first above written. [Seal] , Notary Public, in and for the City and County of San Francisco, State of California. FINDINGS. See Divorce. 1887. Findings — Decision of court. INTRODUCTORY NOTE. Upon Trial by Court, Decision to be in Writing, — ^Upon the trial of a question of fact by the court, its decision must be given in writing and filed with the clerk within thirty days after the cause is submitted for decision : California, Code Civ. Proc, sec. 632. NOTE. — Alaska, Comp. Laws 1913, sec. 1204; Arizona, Rev. Stats. (Civ. Code 1913), sec. 528; California, Code Civ. Proc, sees. 632-634; Colorado, Mill's Ann. Code, sec. 271; Idaho, Rev. Codes 1907, sec. 4407; Montana, Eev. Codes 1907, sec. 6763; Nebraska, Rev. Code 1913, sec. 7865; Nevada, Rev. Laws 1912, sec. 5227; North Dakota, Comp. Laws 1913, sec. 7639; Oklahoma, Harris & Day's Code 1910, sec. 5017; Oregon, Lord's Oregon Laws, sees. 159, 405; South Dakota, Comp. Laws 1913, sec. 5066; Utah, Comp. Laws 1907, sees. 3169, 3177; Washington, Rem. Code, sec. 367; Wyoming, Comp. Stats. 1910, sec. 4515, No. 1887. Findings — Decision of Court. [Title of Court and Cause.] This cause came on regularly for trial on the twenty-first day of August, 1917, before the court without a jury — a jury trial having been duly waived by the parties, and H. E., Esq., appearing as attorney for plaintiff, and C. H., Esq., for defendant, and from the evidence intro- duced the court finds the facts as follows, to wit : 1. That on the sixteenth day of May, 1917, said defendant executed and delivered to plaintiff the promissory note set forth in the complaint herein. 2, That said note was executed for and in consideration of $700 United States gold coin, loaned by plaintiff to defendant at the date thereof. 695 Forcible Entry and Detainer. Form 1898 3. That $250, and no more, United States gold coin has been paid on account thereof. 4. That the amount or principal and interest now due and unpaid according to the terms of said note, is $517.75, United States gold coin. [Or (in lieu of 1, 2, 3, 4) ; The court finds: That all the allecrations of the complaint herein are true; or, The court finds that all the allegations of the answer herein are true; or, That defendant made and paid the note and all the interest thereon before action.] As a conclusion of law from the foregoing facts, the court finds that plaintiff is entitled to judgment in the sum of $517.75, in United States gold coin, and costs of suit, and it is ordered that judgment be entered accordingly; [or, that defendant is entitled to judgment for costs; or, on his counterclaim, etc.]. Dated . , Judge. FORCIBLE ENTRY AND DETAINER. See Unlawful Detainer. 1898. Complaint for forcible entry. 1899. Complaint for forcible entry and detainer. 1900. Complaint for forcible detainer. 1903. Complaint for forcible entry and detainer — New Mexico. 1904. Afl&davit to complaint for forcible entry and detainer — New Mexico. 1905. Summons in forcible entry and detainer. 1906. Summons in forcible entry and detainer — Nevada. 1907. Summons in forcible entry and detainer — New Mexico. 1908. Answer to complaint in forcible entry. No. 1898. Complaint for Forcible Entry. [Title of Court and Cause.] The plaintiff complains, and alleges : 1. That at the time hereinafter mentioned he was in the peaceable and actual possession of all that certain piece or parcel of land, described as follows, to wit: , and of the dwelling-house, barns, and sheds thereon. 2. That on the day of , 19 — , and while the plaintiff was so in possession of said land and premises, the defendant, with violence and a strong hand, and by force, entered thereon, and broke open the doors, windows, and other parts of said house, barns and sheds, con- trary to the form of the statute in such case made and provided, and to the damage of the plaintiff in the sum of dollars ($ ). Wherefore the plaintiff demands judgment against the defendant for treble the amount of his damages as aforesaid, and for the costs of this action. [Sig^iature.] [Verification.] NOTE. — Judgment may, in ttc discretion of the court, be entered for three times the amount of damages found due. Forms 1899, 1900 Cowdery's Form Book. 696 No. 1899. Complaint for Forcible Entry and Detainer. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19—, he was in the peaceable and actual possession of all that certain piece or parcel of land described as follows, to wit : , and of the buildings thereon. 2. That afterward, to wit, on the day of , 19—, and while the plaintiff was so in possession of said land and premises, the defend- ant peaceably entered thereon, and afterwards, and on the same day, forcibly turned out and expelled the plaintiff therefrom, contrary to the form of the statute in such case made and provided, and to the damage . of the plaintiff in the sum of dollars ($ ). 3. That the said defendant unlawfully and forcibly withholds and keeps possession of said land and premises, and has so held and kept possession of the same at all times since the said day of -, 19—. 4. That in consequence of said acts the plaintiff has been deprived of the rents, issues, and profits of said land and premises, to his damage in the sum of dollars ($ ). Wherefore the plaintiff demands judgment against the defendant for the restitution of said premises, and for treble the amount of his dam- ages as aforesaid, and for the costs of this action. [Signature.] [Verification.] NOTE— California, Code Civ. Proc, sec. 1159; Colorado, Mills' Ann. Stats., see 2960; Idaho, Rev. Codes 1907, sec. 5091; Montana, Rev. Codes 1907, sec. 7267; Utah, Comp. Laws 1907, sec. 3573; Washington, Rem. Code, sec. 810. , X o ^ .1. Judgment may, in the discretion of the court, b6 entered for three times the amount of damages found due. No. 1900. Complaint for Forcible Detainer. [Title of Court and Cause.] The plaintiff complains, and alleges : 1. That on the day of , 19—, he was well entitled to the pos- session of the following described premises, namely: , and on that day the defendant peaceably, but without right so to do, entered and took possession of the same, and from that day hitherto has kept, and still holds and keeps, possession of the same unlawfully and by force [or, by menaces and threats of violence (stating them)], contrary to the form of the statute in such case made and provided. 2. [Allege special injury done to the property of the plaintiff, if any, and state the amount of damages.] 3. That, in consequence of the said unlawful acts of the said defend- ant, the plaintiff has been deprived of the rents, issues, and profits of said land and premises ever since the said day of , 19 — , to his damage in the sum of dollars ($ ). Wherefore the plaintiff demands judgment against the defendant for 697 Forcible Entry and Detainer. Forms 1903-1905 the restitution of said premises, and for treble the amount of his dam- ages as aforesaid, and for the costs of this action. r.r -n .■ ^ [Signature.] [Verification.] NOTE. — California, Code Civ. Proc, sec. 1160; Colorado, Mill's Ann. Stats. 1912, sec. 2960; Idaho, Eev. Codes 1907, sec. 5092; Montana, Rev. Codes 1907, sec. 7270; Utah, Conip. Laws 1907, sec. 3574; Washington, Rem. Code, sec. 811. Judgment may, in the discretion of the court, be entered for three times the amount of damages and rent found due. No. 1903. Complaint for Forcible Entry and Detainer — New Mexico. [Title of Court and Cause.] Before , Justice of the Peace for Precinct, in County. , plaintiff in the above-entitled cause, complains and says that heretofore, to wit, on the day of , 19 — , at the county of , he was lawfully possessed of a certain tract of land situated in saif? county, known, designated, and desei'ibed as follows : , and being so thereof lawfully possessed as aforesaid, said defendant, , on the day and year named and at the county aforesaid, unlawfully and with force entered into and upon the said tract or parcel of land, and de- tained and held the possession thereof, and does now detain and hold the possession thereof against the plaintiff. Wherefore the said plaintiff says that the said defendant is guiltv of the forcible entry and detainer, contrary to the form of the statute in such case made and provided. [Signature.] NOTE.— See N. M. Stats. Ann. 1915, sec. 3281. No. 1904. Affidavit to Complaint for Forcible Entry and Detainer — New Mexico. [Title of Court and Cause.] Territory of , County of . , being duly sworn, says that said complaint by him subscribed, and the matters therein contained, are true, and further saith not. [Signature.] Sworn to and subscribed before me this day of , 19 — . , Justice of the Peace. NOTE.— See N. M. Stats. Ann. 1915, sec. 3281. No. 1905. Sum m ons in Forcible Entry and Detainer, [Title of Court and Cause.] The People of the State of Send Greeting to , Defendant,. You are hereby required to appear and answer the complaint in an action entitled as above, brought against you in the court of the Forms 1906, 1907 Cowdery 's Form Book. 698 county of , state of , within three days after the service on you of this summons; and you are notified that if you fail to so appear niid ansv-cr, the plaintiff will apply to the court for the relief demanded in the complaint. [Signature.] [Seal] NOTE. — If a return to a summons in forcible entry and detainer fails to show that a copy of the complaint, certified to by the justice of the peace before whom the cause was pending, or by the plaintiff or his agent or at- 1o:nev, was served on the defendant, such return will not support a default judgment: Belfils v. Flint, 15 Or. 158, 161, 14 Pac. 295. No. 1906. Summons in Forcible Entry and Detainer — Nevada. [Title of Court and Cause.] The State of to the Sheriff or Any Constable of the Said County, Greeting. Whereas of the county of , hath exhibited unto me, a justice of the peace for said county, a complaint against , of the county of , for that the said , of the county of , on the d:.y of , 19 — •, at the county of , did : You are therefore commanded to summon the said , if he be found in your county, to be and appear before me at my office, , on the day of , 19 — , then and there to make answer unto the com- plaint aforesaid. Given under my hand this day of , 19 — . , Justice of the Peace. NOTE.— See Nev. Eer. Laws 1912, sec. 5593. No. 1907. Summons in Forcible Entry and Detainer— New Mexico. [Title of Court and Cause.] The Tei-ritory of to the Sheriff of the County of , Greeting. You are hereby commanded to summon , of the county of , to appear before the undersigned, justice of the peace v/ithin and for the said county, at , in said county, on the day of , 19 — , at the hour of o'clock, in the forenoon of said day, then and there to ansAver and defend against the complaint of , of forcible entry and detainer, made by the said upon the lands of the said , hereto annexed will more fully appear; and have you then and there this precept, with the return of your proceedings thereon. Given under my hand as such justice of the peace this day of , 19—. , Justice of the Peace. NOTE. — The words "as by the complaint," or some other words to complete the sense, are omitted from the form as published- See N. M. Stats. Aun. 1912, sec. 3281. G99 Foreclosure of Mechanic's Lien. Forms 1908-1929 No. 1908. Answer to Complaint in Forcible Entry. [Title of Court and Cause.] The defendant answers to the complaint, and denies : 1. Tliat plaintiff was, at the time stated, or at any time, in the actual, or peaceable, or exclusive possession of the property described in the comijlaint, or any part thereof. 2. Denies that defendant broke into the promises of the plaintiff, as alleged, or in any manner, or at all. 3. Denies that plaintiff suffered any damage by such alleged break- ing, or in any manner, or by any means, either as alleged in the com- plaint or at all. [Signature.] [Verification.] FORECLOSURE OF MECHANIC'S LIEN. 1929. Complaint to foreclose mechanic's lien. 1930. Complaint to foreclose meclianic's lien — Short form. 1931. Order of sale on foreclosure of mechanic's lien. 1932. Notice of sale on foreclosure of lien. No. 1929. Complaint to Foreclose Mechanic's Lien. [Title of Court and Caiise.] Comes now the plaintiff above named and complains of the defend- ants [naming them all], and for cause of action alleges: I. This plaintiff, the said G. P. Company, was at all the times herein mentioned, and now is, a corporation organized and doing business under the laws of California, and one of the purposes for which it was organized was and is the manufacture and sale of explosives and other articles used in blasting. II. The defendant, the said S. D. F. Company, was at all said times, and now is, a corporation, organized and doing business under the laws of California, and one of the purposes for which it was formed was and is the construction of a flume structure, ditch, and tunnel from its diverting dam, owned by it on the San Diego river, in San Diego county, California, to its [description]. III. The plaintiff is ignorant of the names of the defendants, J. D., R. D., S. B., and K. G., and has therefore sued them by the foregoing names which are fictitious, but asks when their true names are discov- ered that this complaint may be amended by inserting their true names. IV. Plaintiff alleges, on its information and belief, that on and prior to the thirtieth day of March, 1916, the said S. D. F. Company, was find thence hitherto has been, and still is, the owner of the aforesaid diverting dam on said San Diego river. [Description.] V. On the thirtieth day of March, 1916, the said S. D. F. Company, defendant, as such OAvner aforesaid, entered into a contract in writing Form 1929 Cowdery's Form Book. 700 with defendant, J. J., as its contractor, ■vvhicli contract was subscribed by said parties thereto by the terms of which, among other things, the contractor J. J., agreed to do and perform certain work, in accordance with the plans and specifications to said contract attaclied and made a part thereof for the said S. D. F. Company along its said flume line from its said diverting dam on said San Diego river to its said city reservoir, near San Diego. Said work to consist as follows: First — Grading. [Description.] Second — Tunnels. [Description.] And by the terms of said contract the said J. J. further agreed to furnish and provide at his own cost all tools and implements of every kind and description, used in and about said work, and also all ma- terial used and employed in its construction, other than lumber for tunnel lining, and also all lime and cement required to be used in ac- cordance with said specifications, which said lumber, lime, and cement said S. D. F. Company agreed to furnish and deliver free of cost to said J. J., and where the same could, without unusual delay, be delivered by said S. D. F. Company; and the said J. J. agreed to furnish, at his own cost, ample and suitable protection from damage by weather for all lime and cement delivered as aforesaid to him, and to begin work under said contract within ten days from the date thereof, to wit; March 30, 1916, and to complete the same on or before November 1, 1916. The said S. D. F. Company, by the terms of said contract, agrees, among other things, to pay said J. J. for said work as follows, to wit, etc. Payments to be made as follows: Fifty (50) per cent cash on esti- mates, to be made monthly, on or about the first of each and every month, until the completion of said work, and twenty-five (25) per cent in first mortgage six (6) per cent twenty-year bonds of said S. D. F. Company; remaining twenty-five (25) per cent to be paid in said above- mentioned first mortgage bonds; but the same to be held by S. D. F. Company until the full completion of the contract, and to bear no in- terest until delivered to said J. J., said bonds to be taken by him at ninety-five (95) cents on the dollar, and in no event to bear interest until delivery thereof. That afterwards, to wit, on the sixth day of June, 1916, the parties to the foregoing agreement, by a memorandum attached thereto and subscribed by said parties, agreed that the said S. D. F. Company should pay the said J. J., for all the work thereto- fore done by him for said company under the foregoing contract of March 30, 1916, according to the terms thereof, and that said J. J. should accept the same. That thereafter, to wit, on the said sixth day of June, 1916, the said contract of March 30, 1916, together with tho memorandum aforesaid attached thereto, was by the parties thereto filed in the office of the county recorder of said county of San Diego aforesaid. 701 Foreclosure of Mechanic's Lien. Form 1929 VI. Plaintiff alleges, on its information and belief, that the said J. J., under the said contract of March 30, 1916, commenced the work therein described, and by him agreed to be done on the ninth day of April, 1916, and thereafter continued in the performance of said work until the tenth day of August, 1916, and up to said last-named day, duly performed all the conditions of said contract on his part, and had done work and furnished materials under said contract and in said construc- tion of the aggregate value, according to the prices aforesaid, of over forty thousand dollars, and that there remains unpaid on account thereof the sum of forty thousand dollars, no part of which has been paid either in cash or bonds. VII. Full and true copies of said two contracts aforesaid and of the specifications thereto attached and therein referred to, are hereto annexed, contained in the notice of lien marked "Exhibit A," and are in said lien marked "Exhibit A," and they are made a part of this complaint. VIII. Plaintiff alleges, on his information and belief, that on or about the tenth day of August, 1916, the said J. J. stopped all work, and surrendered said contract and all his rights thereunder to said S. D. F. Company, and the said company accepted the surrender of said contract, and took and accepted possession of said structure, and accepted the said structure, flumes, ditches, and tunnels, and has ever since continued in the occupation and use of the same and of said works accepted as aforesaid. On the ninth day of April, 1916, this plaintiff entered into a written contract with the said J. J., as such contractor aforesaid, by the terms of which, among other things, this plaintiff agreed to sell and deliver to said J. J., at its agency, in the city of San Diego, all the powder, caps, and fuse needed in all the work to be done by him under his contract or contracts, aforesaid, for said blasting and tunneling for the said S. D. F. Company, and at the prices, less ten per cent on Giant Powder, as follows, to wit : And said plaintiff further, by the terms of said contract, agi-eod to furnish such power, caps, and fuse in such quantities and at such times as said J. J. might require, and to prepay the freight thereon, which freight should be charged to his account, and be paid by him upon monthly settlements. And by the terms of said contract the said J. J. agreed to pay the prices hereinbefore stated, and at the times and in the manner f ollovving, to wit : At the expiration of ninety days from and after the fifteenth day of April, 1916, for all powder, caps, and fuse used up to that time, one- third cash; and deposit with the agent of said plaintiff at the city of San Diego, S. D. F. Company's bonds owned by him, for the remaining unpaid two-thirds purchase price due at eighty-five cents on 'the dollar, and thereafter to pay monthly on the fifteenth day of each and every month during the continuance of the contract, for all further supplies of powder used by him during that month in the same manner and on the same terms, to wit: Form 1929 Cowdery 's Form Book. 702 One-third casli and two-thirds in bonds of said S. D. F. Company, and on completion of said contract he was to redeem all such bonds as may have been deposited by him as security for payment, by paying to the agent of plaintiff, at the city of San Diego, cash for the full amount of such payments, he to retain all interest that might accrue on said bonds so placed. On the same date, to wit, April 9, 1916, this plaintiff and said J. J., entered into a supplemental written contract, by the terms of which it was mutually agreed that the freight on Giant and Judsou Powder should be paid by plaintiff at the lowest rates possible to be obtained, and should be charged in addition to price of powders named in the foregoing contract between the parties, and the plaintiff to allow an additional ten per cent discount from the prices and discount named in said foregoing contract on Giant Powder, but Judson Powder to be paid as therein agreed at six and one-half cents per pound, with freight added, and fuse to be cash; that is, fuse to be paid for on the fifteenth of each month. Full and true copies of said two contracts are contained in the notice of lien hereto annexed, marked "Exhibit A," and are in said lien marked "Exhibit B," and they are made a part of this com- plaint. X. Under the foregoing contract this plaintiff at various dates be- tween said ninth day of April, 1916, and the tenth day of August, 1916, sold, furnished, and delivered unto said J. J., at his agency in said city of San Diego, to be used, and actually used, in said work of blasting and excavating and tunneling, large quantities of powder, caps, and fuse, to wit, etc. That the foregoing materials were furnished in such quantities and at such times as the said J. J. required, and the plaintiff prepaid the freight thereon, which amounted to the sum of $418.62 ; that the aggre- gate' value, including freight of said materials at the rates and dis- count provided for in said contracts, was the sum of $7,221.57, which sum was the fair value of said materials at said place of delivery. The plaintiff duly performed all the conditions of said contracts on its part. That no part of said sum has been paid, and no part of the freight has been prepaid, but the whole of said sum of $7,221.57, is unpai'd, and there are no credits or offsets thereto. That J. J., al- though often requested, never did deposit with the plaintiff, or its agent at San Diego, or at all, any bonds whatsoever of said S. D. F. Company, and all said sums of money are due and unpaid. XI. On the fifth day of September, 1916, the plaintiff filed for record with the county recorder of the said county of San Diego its claim and notice of lien in writing, containing a true statement of its demand hereinbefore set forth for said materials, after deducting all just credits and offsets; also setting forth in said lien the name of said S. D. F. Company as the owner of the property hereinbefore de- scribed, and the name of said J. J. as the person to whom said ma- terials were furnished and by Avhom plaintiff was employed for that purpose: also setting forth in said lien the terms, time given, and con- 703 Foreclosure of Mechanic's Lien. Form 1929 ditions of plaintiff's contract with said J. J., which, as therein set forth wore the same as those hereinbefore set forth; also setting forth in said lien a description of the property to be charged with the lieu sufficient for identification, which description therein set forth was the same as that hereinbefore set forth, and which said claim was verified by the oath of L. B. C, the secretary of the plaintiff corporation, in writing, attached to said lien and filed therewith, which said lien and oath were recorded by said County Recorder, in a book kept by him for that pui-pose, to wit, in book No. 2 of Mechanics' Liens, page 218 et seq., and a copy of which lien (together with the exhibits therein referred to) is hereto annexed and marked "Exhibit A," and made a part of tliis complaint. XIL That the whole of the property hereinbefore described, includ- ing the said diverting dam, culverts, flumes, ditches, tunnels, ap- proaclies, reservoirs, and rights of way for said fifty miles, is required for the convenient use and occupation of said construction and structure. XIII. Plaintiff alleges, upon its information and belief, that the de- fendants, J. D., R. R., and S. B., have or claim to have, some estate, right, title, or lien upon said property; but plaintiff alleges that such estate, right, title, and lien are subsequent, and subject to the lien of this plaintiff thereon. XIV. Plaintiff paid eight dollars and fifty cents for recording and fifty cents for verifying said lien, no part of which has been repaid. Wherefore, plaintiff prays judgment against the defendants, the S. D. F. Company and J. J., for said sum of $7,221.57, together with interest thereon from August 10, 1916, and costs of suit, including the amount paid for verifying and recording said lien. That said judgment for said amount of said costs declares and ad- judges the same to be a lien upon all of said property in the complaint described and that said lien be foreclosed. That the sheriff of said San Diego county be directed to sell said property, as required by the law and practice of the court, and out of the proceeds, after paying his costs, commission, and expenses of sale, to pay to plaintiff or its attorney the amount of its judgment aforesaid; that by said judgment it be provided that any of the parties to this suit, or their agents, may bid at said sale and become purchasers thereat; that upon production of the sheriff's deed the purchaser be let into possession of the property purchased; that the estate, right, title, and lien of all and each of the defendants, and all persons claiming or to claim under them, or either of them, in said property, or any part thereof, be barred or foreclosed. That plaintiff has such other and further relief as may seem proper, together with costs of suit. [Signature.] Form 1930 Cowdery's Form Book. 704 NOTE. — This form of complaint was throe times before the supreme court of California just as it appears in this book. It was held to be good in every instance. It can be varied to meet every case. The lien in the case filed with the county recorder will be found under the head "Liens," and the contracts in the case under "Contracts": See Cal. Code Civ. Proc, sees. 11j9- 1175. See, also. Giant Powder Co. v. San Diego Flume Co., 78 Hal. 193, 20 Pac. 419, Grimshaw v. Belcher, &S Cal. 220, 22 Am. St. E/3p, 298, 26 Pac. 84, Giant Powder Co. v. San Diego Flume Co., 97 Cal. 264, 32 Pac. 172, where the case is reported. No. 1930. Complaint to Foreclose Mechanic's Lien — Short Form. [Title of Court and Cause.] Now^ come the plaintiffs above named, and, complaining of the above- named defendant, allege: First. That heretofore, to wit, on the first day of January, 1917, J. R. and H. M., the plaintiffs above named, were and ever since have been, partners, doing business under the firm name of J. & D. Second. That during all the time in this complaint mentioned, de- fendant, G. S., was the owner of all that certain land situate in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] Third. That on the thirtieth day of November, 1917, plaintiffs and defendant, A., agreed together, as follows: Said defendant was engaged in erecting a dwelling-house upon all the land above described, and, on said day, he emj^loyed plaintiffs to furnish all the stairs in said build- ing, and plaintiffs agreed to furnish the same to be used in said build- ing, and tlie said defendant agreed to pay them therefor the sum of six hundred and forty-five dollars in gold coin. Fourth. That in pursuance of said agreement the said plaintiffs, on the same daj', furnished the said stairs to be used, and they were used, in the construction of said building, according to said agreement. Fifth. That said land was at the time of commencing work on said building owned by the said defendant, A. Sixtli. That plaintiffs, imder the terms of their agreement with the said defendant, A., agreed to furnish the said stairs, and the said de- fendant, A., agreed to pay plaintiffs six hundred and forty-five dollars in gold coin, for the same, on the thirtieth day of December, 1917, but the same has not been paid, nor any part thereof, and the same was and now is so due, at the time of the filing of the lien hereinafter mentioned. Seventh. Tluit the said land upon which the said building is con- structed, together with twenty feet of said land on each side, and ten feet at the south end of said building, is necessary for the convenient use of said building. Eighth. Tliat on a certain day, to wit, the third day of January, 1917, said plaintiffs duly filed and recorded with the county recorder of the city and county of San Francisco, being the county in which such property is situate, their claim duly verified by the oath of J. R., containing a statement of plaintiffs' demand, after deducting all just credits and offsets, with the name of the owner, and also the name of 705 Foreclosure op Mechanic's Lien, Form 1931 the person who employed plaintiffs as aforesaid, with a statement of the terms, time given, and conditions of the contract, and also a de- scription of the projoerty sought to be charged with the lien sufficient for identification. Ninth. That D. F., The C. S. and L. Society, and S. H., have or claim some interest in said premises; but the same is subsequent to plaintiffs'. Tenth. That plaintiffs have paid ten dollars as a necessary charge and expense in preparing and recording said lien, viz.: five dollars for recording and five dollars for preparing the same. 1. Wherefore, plaintiffs pray for judgment against G. S. A. for the sum of six hundred and forty-five dollars, and that the same be adjudged a lien against the lot of land above described. 2. That said premises, building, and appurtenances above described, to the extent of the interest of said defendant, G. S. A., therein, be adjudged and decreed to be sold by the sheriff of said city and county, according to law and the practice of this court, and that the proceeds of such sale be applied to the payment of the costs of these proceed- ings and sale, and said plaintiff's claim, amounting to said sum of six hundred and forty-five dollars, and also for the claim of any other lienholder if any such there be, on said property, who shall come in and be duly made parties to this action. 3. That plaintiffs be allowed their costs, in preparing and recordinj^ said lien. 4. That plaintiffs, or any other parties to this suit, may become pur- chasers at such sale. 5. That said plaintiffs may have such other and further order and relief in the premises as the case may require and as to the court may seem just. No. 1931. Order of Sale on roreclosure of Mechanic's Lien. [Title of Court and Cause.] The People of the State of to the Sheriff of the County of , Greeting : Whereas on the day of , 19 — , , the above-named plain- tiff, recovered a judgment and decree in the court of tlie county of , state aforesaid, against , the defendant, in an action wherein the said was plaintiff and the said defendant, vrhich said judgment and decree was, on the day of , 19 — , recorded in judgment-book , of said court, at page , and the roll filed and judgment and decree docketed in the clerk's office thereof, and in and by which said judgment and decree it is ordered, adjudged, and decreed that the lands and premises mentioned and described in the said judgment and decree be sold at public auction, as in said judgment and decree particularly set out. Form Book — 45 Form 1932 Cowdeby 's Form Book. 706 Now therefore you, the said sheriff, are hereby commanded and re- quired to proceed to notice for sale, and to sell, the premises described in said judgment and decree, a copy of which is hereto annexed and made a part hereof, and apply the proceeds of said sale as in said judgment and decree directed, and to make and file your report of such sale with the clerk of this court within sixty days from the date of your receipt hereof, and to do all things according to the terms and requirements of said judgment and decree and the provisions of the statute in such case made and provided. Witness the Honorable , presiding judge of the court of the state of , in and for the county of , this day of , 19—. Attest my hand and the seal of said court the day and year last above written. [Seal] , Clerk. By , Deputy Clerk. NOTE.— See Cal. Code Civ. Proc, sec. 684. No. 1932. Notice of Sale on Foreclosure of Lien. Sheriff's Sale. [Title of Court and Cause.] Under and by virtue of an order of sale and decree of lien issued out of the court of the county of , state of , on the <3a,y of , 19 — , in the above-entitled action, wherein , the above- named plaintiff, obtained a judgment and decree against the • company, a corporation, et al., defendants, on the day of , 19_^ which said decree was, on the day of , 19—, recorded in judgment-book , of said court, at page , I am commanded to sell all that certain lot, piece, or parcel of land situate, lying, and being in the county of , state of , bounded and described as follows, to wit : . Notice is hereby given that on , the day of , 19—, at twelve o'clock, noon, of that day, in front of the — , in the county of _^ I will, in obedience to said order of sale and decree of lien, sell the above-described property, or so much thereof as may be neces- sary to satisfy said plaintiff's judgment, with interest thereon and costs [etc.], to the highest and best bidder, for cash, in gold coin of the United States. Dated this day of , 19—. — , Sheriff [etc.]. 707; Foreclosure op Mortgages. FORECLOSURE OF MORTGAGES. 1953. Complaint to foreclose mortgage on land. 1954. Affidavit of redemptioner. 1955. Notice of pendency of action to foreclose mortgage. 1956. Complaint to foreclose chattel mortgage. 1957. Decree of foreclosure of mortgage. 1958. Order of sale on foreclosure of mortgage. 1959. Notice of sheriff's sale on foreclosure of mortgage. 1960. Certificate of sale on foreclosure, by commissioner or sheriff. 1961. Certificate of redemption from foreclosure. 1962. Sheriff's deed on foreclosure. 1963. Commissioner's deed on foreclosure. 1964. Notice of foreclosure, by advertisement — North Dakota. INTRODUCTORY NOTE. Proceedings in Foreclosure Suits. — There can be but one ac- tion for the recovery of any debt, or the enforcement of any right secured by mortgage upon real or personal property. . . . In such action the court may, by its judgment, direct the sale of the encumbered property (or so much thereof as may be neces- sary), and the application of the proceeds of the sale to the payment of the costs of court, and the expenses of the sale, and the amount due plaintiff, including, where the mortgage pro- vides for the payment of attorney's fees, such sum for such fees as the court shall find reasonable, not exceeding the amount named in the mortgage. The court may, by its judgment, or at any time after judgment, appoint a commissioner to sell the encumbered property. It must require of him an undertaking in an amount fixed by the court, with sufficient sureties, to be ap- proved by the judge, to the effect that the commissioner will faithfully perform the duties of his office according to law. Before entering upon the discharge of his duties he must file such undertaking, so approved, together with his oath that he will faithfully perform the duties of his office. If it appear from the sheriff's return, or from the commissioner's report, that the proceeds are insufficient, and a balance still remains due, judg- ment must then be docketed by the clerk ... for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien on the real estate of such judgment debtor, as in other cases in which execution may be issued. No person holding a conveyance from or under the mortgagor of the property mortgaged, or having a lien thereon, which con- veyance or lien does not appear of record in the proper office at the time of the commencement of the action, need be made a party to such action, and the judgment therein rendered, and CowDERY 's Form Book. 708 the proceedings therein had, are as conclusive against the party- holding such unrecorded conveyance or lien as if he had been a party to the action. If the court appoints a commissioner for the sale of the property, he must sell it in the manner provided by law for the sale of like property by the sheriff upon execution ; and the provisions [of the code relating to sales under execution are] made applicable to sales made, by such commissioner, and the powers therein given and the duties therein imposed on sheriffs are extended to the courts of this state, in the event of death, absence from the state, other disability or disqualification of the commissioner appointed to sell encumbered property, . . . the court may, upon the happening of either the death, absence from the state, other disability or disqualification of the commissioner, appoint an elisor to perform the duties of such commissioner which are then to be performed in such action. The elisor so appointed shall give the undertaking, and take the oath hereinbefore pro- vided to be given and taken by a commissioner, before entering upon the discharge of his duties, and shall thereafter perform all duties left unperformed by the commissioner whom he is ap- pointed to succeed, with like effect as if such duties had been performed by the commissioner. If the land mortgaged consist of a single parcel, or of two or more contiguous parcels, situated in two or more counties, the court may, in its judgment, direct the whole thereof to be sold in one of such counties by the sheriff, commissioner or elisor, as the case may be. and upon such pro- ceedings, and with like effect, as if the whole of the property were situated in that county: California, Code Civ. Proc, sec. 726. Surplus Money to be Deposited in Court. — If there be surplus money remaining after payment of the amount due on the mort- gage, lien or encumbrance, with costs, the court may cause the same to be paid to the person entitled to it, and in the meantime may direct it to be deposited in court: California, Code Civ, Proc, sec. 727. Proceeding's When Debt Secured Falls Due at Different Times. — If the debt for which the mortgage, lien, or encumbrance is held is not all due, so soon as sufficient of the property has been sold to pay the amount due, with costs, the sale must cease ; and after- wards, as often as more becomes due, for principal or interest, the court may, on motion, order more to be sold. But if the prop- erty cannot be sold in portions without injury to the parties, the whole may be ordered to be sold in the first instance, and the 709 Foreclosure of Mortgages. Form 1953 entire debt and costs paid, there being a rebate of interest where such release is proper: California, Code Civ. Proc, sec. 728. Oath and Undertaking- of Commissioner — Report and Account of Sale — Compensation of Commissioner. — The commissioner, l)efore entering upon his duties, must be sworn to perform them faithfully, and the court making the appointment shall require of him an undertaking, with sufficient sureties, to be approved by the court, in an amount to be fixed by the court, to the effect that he will faithfully perform the duties of commissioner, according to law. Within thirty days after such sale, the commissioner must file with the clerk of the court in w^hich the action is pending, a verified report and account of the sale, together with the proper affidavits, showing that the regular and required notice of the time and place of the sale was given, which report and account shall have the same force and effect as the sheriff's return in sales under execution. In all cases of sales made by commissioner, the court in which the proceedings are pending shall fix a rea- sonable compensation for the commissioner's services, but in no case to exceed the sum of ten dollars: California, Code Civ. Proc, sec. 729. NOTE. — See Alaska, Comp. Laws 1913, sec. 1221 et seq; Arizona, Rev. Stats. (Civ. Code 1913), sees. 554, 4114; California, Code Civ. Proc, sees. 726-729; Colorado, Mill's Ann. Code, see. 252; Hawaii, Eev. Code 1915, sees. 2851-2862; Idaho, Rev. Codes 1907, sec. 4520; Kansas, Gen. Stats. 1915, sec. 7301; Montana, Rev. Codes 1907, sec. 6861; Nebraska, Rev. Code 1913, sec. 8254 et seq.; Nevada, Rev. Laws 1912, sec. 5518; New Mexico, Stats. Ann. 1915, sec. 4775; North Dakota, Comp. Laws 1913, sees. 8073-8143; Oklahoma, Harris & Day's Code 1910, see. 5128; Oregon, Lord's Oregon Laws, sec. 422 et seq.; South Dakota, Comp. Laws 1913, sec. 5430 et seq.; Utah, Comp. Laws 1907, see. 3498; Washington, Rem. Code, see. 1116 et seq.; Wyoming, Comp. Stats. 1910, sec. 4612. No. 19'53. Complaint to Foreclose Mortgage on Land. [Title of Court and Cause.] The H. S. and L. Society, the plaintiff in the above-entitled action, complaining of A. L. and M. L., his wife, the defendants in said action, alleges : That said plaintiff is now, and for six years and upward last past has been, a corporation, duly created and existing under and by virtue of the laws of the state of California. That on a certain day, to wit, the tenth day of March, 1916, at the city and county of San Francisco, in the state of California, the said defendant, A. L., made his certain promissory note in writing, bearing date on that day, in the words and figures following, to wit, [insert copy of note] and then and there delivered the same to said plaintiff. Form 1953 Cowdery's Form Book. 710 That the said defendants, A. L. and M. L., his wife, to secure the payment of the said principal sum and the interest thereon, as men- tioned in said promissory note, according to the tenor thereof, did, at the same time and place, execute under their hands and seals, and deliver to the said plaintiff, a certain mortgage, bearing date on the said tenth of March, 1916, and conditioned for the payment of the sum of five thousand (5,000) dollars, gold coin of the United States, and interest thereon at the rate, and at the time, and in the manner specified in said mortgage and the said promissory note, and according to the conditions thereof; which said mortgage was duly acknowledged and certified, so as to entitle it to be recorded; and the same was after- wards, to wit, on the eleventh day of March, 1916, duly recorded in the office of the county recorder of the city and county of San Fran- cisco, in Liber 416, of Mortgages, page 274; a copy of which said mort- gage, with the indorsements thereon, is hereunto annexed, marked "Exhibit A," and made a part of this complaint. That ten months of the interest on said principal sum mentioned in said promissory note and in the said mortgage has been paid, and is indorsed on said promissory note; and $5,000, United States gold coin, the principal sum mentioned in said promissory note and mort- gage, together with interest thereon at the rate of ten per cent per annum from the tenth day of January, 1917, still remains due and unpaid from said defendants, A. L. and M. L., his wife, to said plaintiff. That the plaintiff is now the lawful owner and holder of said promis- sory note and said mortgage. That the defendant, J. T. J., has, or claims to have, some interest or claim upon said premises, or some part thereof, as purchaser, mort- gagee, judgment creditor, or otherwise, which interest or claim is subsequent to and siibject to the lien of the plaintiff's mortgage. That said plaintiff on December 10, 1916, paid the sum of $175 taxes imposed on said mortgaged premises in said mortgage particularly de- scribed for the fiscal year 1915-16, which were a prior charge on said land to this mortgage, and that said sum of $175, so paid as aforesaid, according to the covenants and stipulations in said mortgage, bears interest at the rate of two per cent per month. Wherefore, the plaintiff prays judgment against the said defendant, A. L., for the sum of $5,175, United States gold coin, with interest at the rate of ten (10) per cent per annum from the tenth day of January, 1917, on $5,000 thereof, and at the rate of two per cent per month on $175 thereof, from the tenth day of December, 1916, and five per cent on the amount found due for attorney's fee provided in said mort- gage, and costs of suit; that the usual decree may be made for the sale of said premises, or so much as may be necessary to pay the same, with costs, by the sheriff of the said city and coiinty [or by a commis- sioner appointed by the court; or, as stipulated], according to law and the practice of this court; that the proceeds of said sale may be ap- plied in payment of the amount due to the plaintiff, and that said defendants, and all persons claiming under them, or either of tliem, 711 Foreclosure op Mortgages. Forms 1954, 1955 subsequent to the execution of said mortgage upon said premises, either as purchasers, encumbrancers, or otherwise, may be barred and fore- closed of all right, claim, or equity of redemption in the said premises, and every part thereof, and that the said plaintiff may have judgment and execution against the said defendant, A. L., for any deficiency whicli may remain after applying all the proceeds of the sale of said premises properly applicable to the satisfaction of said jud.gment. That the plaintiff, or any other parties to the suit, may become pur- chaser at said sale; that the sheriff [or commissioner] execute a deed to the purchaser; that the said purchaser be let into the possession of the premises on production of the sheriff's [or commissioner's] deed therefor; and that he may have such further relief in the premises as to this court may seem meet and agreeable to equity. [Signature.] [Verification.] NOTE'.— See Cal. Code Civ. Proc, sees. 426, 726. No. 1954. Affidavit of Redemptioner. [Title of Court and Cause.] State of California, County of Butte, — ss. A. B. C, being sworn, says: That he is the owner [or agent of the owner] of the mortgage, a copy of which, with the certificate of the recorder of the county of Butte is hereto attached, and marked Exhibit "A"; that the sum of three hundred and seventy-two dollars and fifty cents is at the date hereof actually due to affiant from the maker thereof on said mortgage lien. "O^'O'- NOTE'.— California, Code Civ. Proc, sec. 705. No. 1955. Notice of Pendency of Action to Foreclose Mortgage. [Title of Court and Cause.] Notice is hereby given that an action has been commenced in the court of the county of , state of , by the above-named plain- tiff, against the above-named defendant, for the foreclosure of a mort- gage made the day of , 19 — , by to , and recorded in the office of the county recorder of the county of , state of , on the day of , 19—, in liber of mortgages, page , and that the premises thereby mortgaged, described in said complaint, and affected by this suit, are situated in the said county of , state of , and are described as follows, to wit ; [Signature.] Dated this day of , 19 — . NOTE— California, Code Civ. Proc, sec. 409. Forms 1956, 1957 Cowdery's Form Book. 712 No. 1956. Complaint to Foreclose Chattel Mortgage. [Title of Court and Cause.] The plaintiff complains and alleges: I. That on the first day of January, 1917, at the city of Oakland, county of Alameda, the said defendant made and executed his certain promissory note in writing, in the words and figures following, to wit: [here copy note], whereby he promised to pay plaintiff the sum of two thousand dollars, with interest at the time and in the manner therein specified, in gold coin of the United States, and then and there delivered the said note to the said plaintiff. II. That at the time and place aforesaid, in order to secure the payment of said promissory note, the said defendant executed and de- livered to the plaintiff his certain instrument in writing, under seal, known as a chattel mortgage, a copy of which is hereto annexed as a part of this complaint, marked "Exhibit A," which said chattel mort- gage was made in good faith, for the purpose aforesaid, without intent to defraud creditors or purchasers, and was verified, acknowledged, and recorded, pursuant to the statute in such case made and provided. III. That the property mentioned and described in said chattel mortgage and the schedule annexed consisted of [here describe prop- erty and where situated]. IV. That no proceedings have been had at law, or otherwise, for the recovery of said sura and interest, or any part thereof, and the same is still wholly owing and unpaid, — Wherefore, the plaintiff prays judgment: 1. That the defendant be foreclosed of all interest, lien, and equity of redemption on said mortgaged property, to wit, the said goods and chattels. 2. That the same be sold, and that the proceeds tliPreof be applied to the payments of the costs and expenses of this action and of counsel fees, not to exceed the sum of $250, and of the amount due on said note and mortgage, with interest thereon up to the time of payment, at the rate of seven per cent per month. 3. That the said defendant be adjudged to pay any deficiency that may remain after applying all said money as aforesaid, and for such other and further relief as to this court may seem just in the premises. [Signatiu'e.] [Verification.] No. 1957. Decree of roreclosure of Mortgage. [Title of Court and Cause.] This cause came on regularly to be heard in open court on this first day of July, 1917, J. H. S. appearing for plaintiff, and the defendant not appearing. The court having heard all the evidence and proofs produced herein, and duly considered the same, and being fully advised in the prem- ises, and it appearing therefrom to the satisfaction of the court: 713 Foreclosure of Mortgages. Form 1957 First. Tliat G. B., the above-named defendant, has been duly and regularly summoned to answer unto the plaintiff's complaint herein, and has made default in that behalf, and that the default of each defendant for not appearing and answering unto plaintiff's complaint has been duly and regularly entered herein. Second. That on the third day of May, 1917, the plaintiff herein caused to be filed and recorded in the office of the county recorder of the city and county of San Francisco, a notice of the pendency of this suit, containing the names of the parties thereto, the object thereof, and also a true and correct description of the lands and premises affected thereby, to wit, the lands and premises hereinafter described. Third. That there is now due and owing to the plaintiff, S. D., from the defendant G. B., upon the promissory note, and for money ex- pended under the terms of said mortgage, set forth and described in plaintiff's complaint, the sum of ten thousand dollars, and forty cents, gold coin of the United States, and that the defendant, G. B., is per- sonally liable for the whole amount thereof. Tliat there is also due plaintiff from defendant, G. B., two hundred dollars and sixty cents, costs, percentage and necessary disbursements. Fourth. That the said sums of ten thousand and forty-one-hundredth dollars and two hundred and sixty-one hundredth dollars, making in all ten thousand two hundred and one dollars, in gold coin, as aforesaid, is a valid lien upon the lands and premises in plaintiff's complaint, and hereinafter set forth and described, and is secured by the mortgage mentioned in said complaint. Fifth. That each and all the terms and conditions of said mortgage have been broken by said defendant, G. B., and that plaintiff is entitled to have said mortgage enforced and foreclosed, and the lands and premises hereinafter set forth and described, sold in the manner pre- scribed by law, and the proceeds arising from such sale applied to and upon the payment of said sum of money so due as aforesaid. Sixth. That each and all of the allegations and averments in plain- tiff's complaint contained are true and correct. Now, therefore, on motion of J. H. S., counsel for plaintiff: It is adjudged and decreed, that all and singular the mortgaged premises mentioned in the said complaint and hereinafter described, or so much thereof as may be sufficient to raise the amount due to the plaintiff for the principal and interest, and costs of this suit, and ex- penses of sale, and which may be sold separately without material injury to the parties interested, be sold at public auction by the sheriff of the city and county of San Francisco [or by S. C. M., a commissioner hereby appointed to make said sale], in the manner prescribed by law, and according to the course and practice of this court, and that the said sheriff, after the time allowed by law for redemption has expired, executed a deed to the purchaser or purchasers of the mortgaged prem- ises on the said sale. That the said sheriff [or commissioner], out of the proceeds of said sale, retain his fees, disbursements and conmiissions on said sale, and pay to the plaintiff, or his attorney, out of said proceeds,, the sum of Form 1957 Cowdery's Form Book 714 two hundred and one dollars and sixty cents, costs of this suit. Also pay to the plaintiff the further sum of ten thousand dollars and forty cents, the amount so found due as aforesaid, together with interest thereon at the rate of seven per cent per annum, from the date of this decree, all in gold coin of the United States, or so much thereof as the said proceeds of sale will pay of the same. That the defendant, G. B., and all persons claiming, or to claim, from or under him, and all persons having liens subsequent to said mortgage by judgment or decree upon the land described in said mort- gage, and his personal representatives, and all persons having any lien or claim by or under such subsequent judgment or decree, and their heirs, or personal representatives, and all persons claiming to have ac- quired any estate or interest in said premises subsequent to the filing of said notice of the pendency of this action with the recorder, as aforesaid, be forever barred and foreclosed of and from all equity of redemption and claim of, in and to said mortgaged premises, and every part and parcel thereof, from and after the delivery of said sheriff's [or commissioner's] deed. And it is further adjudged and decreed, that the purchaser or pur- chasers of such mortgaged premises at such sale be let into possession thereof, and that any of the parties to this action who may be in pos- session of said premises, or any part thereof, and any person who, since the commencement of this action, has come into possession under them, or either of them, deliver possession thereof to such purchaser or pur- chasers, on production of the sheriff's [or commissioner's] deed for such premises, or any part thereof. And it is further adjudged and decreed, that if the moneys arising from the said sale shall be insufficient to pay the amount so found due to the plaintiff, as above stated, with interest and costs, and expenses of sale, as aforesaid, the sheriff [or commissioner] specify the amount of such deficiency and balance due to the plaintiff in his return of said sale, and that on the coming in and filing of said return, the clerlv of this court docket a judgment for such balance against the defendant, G. B., and that the defendant, G. B., pay to the said plaintiff the amount of such deficiency and judgment, with interest thereon at the rale of seven per cent per annum from the date of said last-mentioned return and judgment, and that the plaintiff have execution therefor. The lands and premises directed to be sold by this decree are situate, lying, and being in the city and county of San Francisco, state of Cali- fornia, and bounded and particularly described as follows, to wit: [Description.] Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining. Dated . , Judge. NOTE.— California, Code Civ. Proc, sees. 726-729; Alaska, Comp. Laws 1913. sees. 1683-1687; Arizona, Eev. Stats. 1913, par. 554; Idaho. Rev. Codes 1907, sees. 4520-4522; Montana, Eev. Codes, sees. 6861-6864; Washington, Rem'. Codes, sees. 1116-1119. 715 Foreclosure of I\roRTGAGEs. Forms 1958, 1959 No. 1958. Order of Sale on Foreclosure of Mortgage. [Title of Court and Cause.] The People of the State of to the Sheriff of the County of , Greeting. Whereas, on the day of , 19 — , , the above-named plain- tiff, recovered a judgment and decree in the court of the county of , state aforesaid, against , the defendant, in an action wherein the said was plaintiff, and the said defendant, which said judgment and decree was, on the day of , 19 — , recorded in judgment-book of said court, at page and the roll filed, and judgment and decree docketed in the clerk's office thereof, and in and by which said judgment and decree it is ordered, adjudged and decreed that the lands and premises mentioned and described in the said judg- ment and decree be sold at public auction, as in said judgment and decree particularly set out. Now therefore you, the said sheriff, are hereby commanded and re- quired to proceed to give notice for sale, and to sell the premises described in said judgment and decree, a copy of which is hereto an- nexed and made a part hereof, and apply the proceeds of said sale as in said judgment and decree directed, and to make and file your report of such sale with the clerk of this court within sixty da.ys from the date of your receipt hereof, and to do all things according to the terms and requirements of said judgment and decree and the provisions of the statute in such case made and provided. Witness my hand this day of , 19 — . ^ "^ ' , Judge. No. 1959. Notice of Sheriff's Sale on Foreclosure of Mortgage. [Title of Court and Cause.] Under and by virtue of an order of sale and decree of foreclosure issued out of the court of the county of , state of , on the day of , 19—, in the above-entitled action, wherein -, the above-named plaintiff, obtained a judgment and decree against and , the wife of said , defendants, on the day of , 19 — , which said decree was, on the day of , 19 — ■, recorded in judgment-book of said court, at page : I am commanded to sell all that certain lot, piece, and parcel of land situate in the county of , state of , and bounded and particu- larly described as follows, to wit: ; and Notice is hereby given that on the day of , 19 — , at o'clock A. M. of that day, in front of the , in the county of , I will, in obedience to said order of sale and decree of foreclosure, sell the above-described property, or so much thereof as may be ncces- «ary to satisfy plaintiff's judgment, Avith interest thereon and costs, to the highest and best bidder for cash, in gold coin of the United States. ' ' [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 726. Forms 1960, 1961 Cowdery's Form Book. 716 No. 1960. Certificate of Sale on Foreclosure, by Commissioner or Sheriff. [Title of Court and Cause.] Under and by virtue of a decree of foreclosure rendered in and by the above-entitled court in said action, on the day of , 19—, en- tered on the day of , 19—, and under the authority of an order of sale thereon, duly issued out of said court, attested on the day of , 19 — , and to me, the undersigned, directed and deliv- ered, as commissioner duly appointed by the above-entitled court in said action, whereby I was commanded to sell the property in said decree and hereinafter described according to law, and to apply the proceeds of sale in satisfaction of the judgment in said action, amount- ing to dollars ($ ), with interest and costs as specified in said decree : I, , commissioner as aforesaid, do hereby certify that I duly sold the real property hereinafter described, on the day of , 19_^ at o'clock A. M. of said day, at public auction, according to law, after due and legal notice given, at , in said county of , to , for dollars ($ ), he being the highest bidder, aud that sum the highest bid therefor ; That said real property is situate in the county of , state of , and particularly described as follows, to wit : . That said property was, by direction of , the defendant, sold in one parcel; that the highest price bid therefor was dollars ($ ), which sum was the whole price paid for the same; and that said prop- erty is subject to redemption in . Witness my hand this day of , 19 — . , Commissioner. NOTE.— California, Code Civ. Proc, sec. 682. Before the sale of prop- erty on execution, notice thereof must be given, in the case of real prop- erty, by posting written notice of the time and place of sale, particularly describing the property, for twenty days, in three public places of the town- ship or city where the property is situated, and also where the property is to be sold, and publishing a copy thereof once a week for the same period, in some newspaper of general circulation, printed and published in the city or township in which the property is situated, if there be one; if not, then in some newspaper of general circulation printed and published in the county. And, if the judgment is made payable in a specified kind of money, the notice must state the kind of money in which bids may be made, which must be the kind so specified: See Cal. Code Civ. Proc, sec. 692. This law is applicable to sales on foreclosure: Code Civ. Proc, sec. 726. No. 1961. Certificate of Redemption from Foreclosure. State of , County of , ss. I, , sheriff of the county of , state of - — , do hereby certify that on the day of , 19—, , the judgment debtor in the action hereinafter mentioned, in due form of law, tendered and paid to me the sum of dollars ($ ), being in full payment of the 717 Foreclosure of Mortgages. Form 1962 purcliase price paid by the lourcliaser at the sale of the real property hereinafter described, made by me on the day of , 19 — , under the decree of foreclosure rendered in and by the court of the county of , state of , on the day of , 19 — , in the case of , plaintiff, v. defendant, entered on the day of , 19 — , and by virtue of an order of sale duly issued thereon and directed to me, whereby I was required to make sale of the said premises as therein directed; that said sum includes per cent per month in- terest on the purchase price up to the time of redemption, toyethcr with the amount of all taxes and assessments paid by the purchaser on said property after said purchase, and interest thereon; that I received said sum of money so tendered and paid; and that I thereupon executed to the said this, my certificate of redemption of said prop- erty, in conformity with the statute in such case made and provided. The premises so redeemed are described as follows, to mt : . Witness my hand this day of , 19 — . [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 701, 702, 726. No. 1962. Sheriff's Deed on Foreclosure. This deed, made the day of , 19 — , by — — , sheriff of the county of , state of , the grantor, to , grantee, witnesseth : Whereas, in and by a judgment and decree made and entered on the day of , 19 — , in and by the court, county of , state- of , in a suit then pending in said court, wherein was plaintiff and was defendant, it was, among other things, ordered, adjudged, and decreed that the mortgaged premises described in the com])^-aint and decree in said action be sold at public auction by the sheriff of said county, in the ma,nner directed by law, a certified copy of which decree, with an order of sale thereon, was duly issued and delivered to said sheriff, requiring him to make sale of said premises as therein directed; And whereas, in obedience to said decree and order of sale, and after due public notice given as required by law, the said sheriff did, on the day of , 19 — , at o'clock, , duly sell at public auc- tion, at , in said county of , the premises in said decree and hereinafter described ; And whereas, at such sale, said premises were fairly sold to , the grantee herein, for the sum of dollars ($ ), he being the highest bidder, and that sum the highest bid therefor; which sum was duly paid by said purchaser to said sheriff, and said sheriff tliere- upon delivered his certificate of sale to said purchaser, and filed a duplicate thereof in the office of the county recorder of said county of , as required by law ; And whereas having expired since the date of said sale, and no redemption has been made of the property so sold by any person : Form 1963 Cowdery 's Form Book. 718 Now, therefore, in consideration of the premises, and of said sum so paid as aforesaid, and in compliance with the statute, said grantor, as sheriff aforesaid, does hereby grant, bargain, sell, and convey to said grantee, and his heirs and assigns forever, all that real property sit- uate in the county of , state of , described as follows : . Together with all tenements and appurtenances thereunto belonging. To have and to hold the above-described premises with the appurte- nances unto said grantee and his heirs and assigns forever. In witness whereof said grantor, as sheriff aforesaid, doth hereunto set his hand the day and year first above written. [Ofiicial signature.] [Acknowledgment.] No. 1963. Commissioner's Deed on Foreclosure. This deed, made the day of , 19—, by , commissioner, duly appointed in the action and for the purpose hereinafter set forth, grantor, to , grantee, witnesseth : Whereas, in and by a judgment and decree made and entered in and by the court, county of , state of , on the day of , 19 — , in an action then pending in said court wherein • was plaintiff and was defendant, it was, among other things, ordered, adjudged and decreed that the mortgaged premises involved in said action, and in said decree described, should be sold at public auction, by said grantor as commissioner, in the manner required by law; and said grantor was duly appointed commissioner to make said sale,"by said court, and duly qualified as such commissioner. And whereas, in obedience to said decree, a certified copy of which, with an order of sale thereon, was duly issued and delivered to him, the said commissioner, the said grantor did, on the day of , 19_^ at o'clock , after due notice of sale given as required by law, duly sell at public auction at , in said county of , the premises in said decree mentioned and hereinafter described. And whereas at said sale said premises were fairly sold to , the grantee herein, for dollars ($ ), he being the highest bidder and that sum the highest bid therefor, vdiich sum was duly paid by said purchaser to said commissioner, and thereupon said commissioner delivered to said purchaser his certificate of sale, and filed a duplicate thereof in the office of the county recorder of the county of , as required by law. And whereas have expired from the date of said sale, and no redemption has been made of the premises so sold by any person, . Now tlierefore, in consideration of the premises, and of said sum so paid by said grantee, said grantor, as commissioner aforesaid, does hereby grant, bargain, sell, and convey to said grantee, and his heirs and assigns, all that real property situate in the county of , state of , described as follows: . Tos'ether with all tenements and appurtenances thereunto belonging. 719 Garnishment — Goods Sold. Forms 1964-1986 To have and to hold said above-described premises, with the appurte- nances, unto said grantee, and his heirs and assigns forever. In witness whereof said grantor does hereunto set his hand, as com- missioner aforesaid, the day and year first above written. , Commissioner. [Acknowledgment,] No. 1964. Notice of roreclosure, by Advertisement. — North Dakota. Notice is hereby given that a certain mortgage executed and delivered by , mortgagor, to , mortgagee, dated the day of , 19 — , and filed for record in the office of the register of deeds of the county of , state of ^ on the day of , 19 — , and recorded in book of at page , will be foreclosed by a sale of the premises in such mortgage and hereinafter described, at the front door of the courthouse, in the county of , state of , at the hour of o'clock , on the day of , 19 — , to satisfy the amount due upon such mortgage on the day of sale. The premises described in such mortgage, and which will be sold to satisfy the same, are described as follows: . There will be due on said mortgage, at the date of sale, the sum of dollars ($ ). [Signature.] NOTE.— North Dakota, Comp. Laws 1913, sec. 8080. The sale must be at public auction, between the hours of 9 o'clock in the forenoon and the setting of the sun on that day, in the county in which the premises to be sold, or some part of them, are situated, and must be made by the sheriff of the county, acting in person, or by his deputy, to the highest bidder: North Dakota, Comp. Laws 1913, sec. 8081. GARNISH]y[ENT. See Attachment. Garnishment Summons — Justice of the Peace — "Washington, No. 606. Garnishment Summons — Colorado, No. 603. Garnishment Summons — ^.Justice's Court — North Dakota, No. 604. Garnishment Summons — North Dakota, No. 605. Writ of Garnishment — Superior Court — Washington, No. 608. Writ of Garnishment — Justice of the Peace — Washington, No. 609. GOODS SOLD. 1986. Complaint on account for goods sold. 1937. Complaint for goods sold. No. 1986. Complaint on Account for Goods Sold. [Caption] John A. Magee and Arthur W. Moore, the plaintiffs in the above- entitled action, complaining of Francis X, Kast, the defendant in the said action, allege that said plaintiffs are partners in business I Forms 1987-1995 Cowdery's Form Book. 720 under the firm name and style of Magee, Moore & Co.; that on the seventeenth day of November, 1871, the said defendant was and still is indebted to the said plaintiffs in the sum of $1,247.50 gold coin, on an account for goods, wares and merchandise, consisting of leather and shoe manufacturers' goods, sold and delivered by the said plain- tiffs to the said defendant, at his special instance and request, at the city and county of San Francisco ; that no part of the said sum has been paid; that there is now due to the said plaintiffs thereon, from the said defendant, the sum of $1,247.50, gold coin, with interest thereon from the seventeenth day of November, 1871, at the rate of per cent per annum: wherefore the said plaintiffs pray judgment against the said de- fendant for the sum of $1,247.50, gold coin, together with interest thereon from the date last aforesaid, and costs of suit. NOTE. — Precedent in Magee v. Kast, 49 Cal. 141. No. 1987. Complaint for Goods Sold. [Title of Court and Cause.] The plaintiffs above named complain of the defendant, and for cause aver: That on the eleventh day of August, 1863, the defendant was in- debted to the plaintiffs in the sum of one thousand four and twenty hun- dredths doUai-s ($1,004.20/100), on an account for goods sold and de- livered by the plaintiffs to the defendant, at his request, in the city of Santa Barbara; and that no part thereof has been paid, and that there is now due them thereon, from the defendant, the sum of one thousand four and twenty hundredths dollars, with interest thereon from tlie eleventh day of August, 1863. Wherefore they demand judgment as against the defendant, in the Bum of $1,004.20/100 dollars, with interest from the eleventh day of August, 1863, with costs. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Abadie v. Carrillo, 32 Cal. 172. GRANT. See Deeds. Grant Deed — South Dakota, No. 1455. Grant of Additional Term, No. 2443. Grant of Franchise by State to be a Corporation — Oklahoma, No. 1320. GUARANTY. 1995. Contract guaranteeing payment of rent. No. 1995. Contract Guaranteeing Payment of Rent. In consideration of the letting of the premises described in a certain lease of even date between A B and C D, and for the sum of one dol- 721 Guardianship. Form 1995 lar, I do hereby become surety for the punctual payment of the i-oiit, and performance of the covenants, in the above-written agi-cement men- tioned, to be paid and performed by C D, as therein specified; and if any default shall at any time be made therein, I do hereby promise and agree to pay unto the landlord in said agreement named, the said rent, or any arrears thereof that may be due, and fully satisfy the condi- tions of the said agreement, and all damages that may accrue by reason of the nonfulfillment thereof, without requiring notice or proof of demand being made. Dated , 19—. [Signatures.] GUARDIANSHIP. 1998. Petition for appointment of guardian of minor. 1999. Petition for appointment of guardian of incompetent perFon. 2000. Afadavit that infant is imperiled, witli request that guardian be ap- pointed. 2001. Order for custody pending guardianship proceedings. 2002. Nomination of guardian by minor. 2003. Order prescribing notice of application for appointment of guardian. 2004. Order appointing day for hearing application for letters of guardian- ship of incompetent person. 2005. Order appointing guardian of minors. 2006. Order appointing guardian of incompetent person. 2007. Order appointing guardian of insane person where first appointee failed to qualify. 2008. Bond of guardian on qualifying. 2009. Condition of guardian's bond — Washington. 2010. Letters of guardianship. 2011. Application for appointment as guardian ad litem. 2012. Order appointing guardian ad litem, 2013. Affidavit that guardian refuses to properly support ward. 2014. Inventory and appraisement of estate of ward. 2015. Petition of guardian for order of sale of real estate. 2016. Order of publication of order to show cause on guardian's application for order of sale of real estate. 2017. Petition of guardian for order of sale of real estate in order to re- invest proceeds. 2018. Consent of all persons to sale by guardian. 2019. Order of sale of real estate by guardian. 2020. Bond of guardian on sale of rea.l estate. 2021. Petition by guardian for an order to mortgage real estate. 2022. Petition of guardian that he may assent to partition of land. 2023. Order granting to nonresident guardian leave to remove ward's property from state. 2024. Complaint by infant, suing by general guardian. 2025. Complaint by infant, suing by guardian ad litem. 2030. Eelease to guardian. 2031. Petition for allowance out of income of minor to defray expenses. 2032. Order for allowance out of income of minor. CRO SS-REFERENCES. See Guardian Sales. Release to a Guardian, No. 3253. Form Book — 46 Form 1998 Cowdery's Form Book. 722 INTEODUCTORY NOTE. Tlie statutes covering the general subject of guardian and ward are cited in the note below. NOTE.— Alaska, Comp. Laws 1913, sec. 1719 et seq.; Arizona, Eev. Stats. (Civ. Code 1913), sec. 1106 et seq.; California, Code Civ. Proc, sec. 1747 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 7911 et seq.; Hawaii, Eev. Code 1915, sec. 3016 et seq.; Idaho, Eev. Codes 1907, sec. 5770; Kansas, Gen. Stats. 1915, see. 5042 et seq.; Montana, Eev. Codes 1907, sees. 7753- 7768; Nebraska, Eev. Code 1913, sec. 1628 et seq.; Nevada, Eev. Laws 1912, sec. 6149 et seq.; New Mexico, Stats. Ann. 1915, sees. 2554-2o88; North Dakota, Comp. Laws 1913, sees. 8874-8925; Oklahoma, Harris & Day's Code 1910, sees. 6522-6588; Oregon, Lord's Oregon Laws, sec. 1310 et seq.; South Dakota, Comp. Laws 1913, sec. 5983 et seq.; Utah, Comp. Laws 1907, sees. 3983-3993; Washington, Eem. Code, sec. 1621 et seq.; Wyoming, Comp. Stats. 1910, see. 5735 et seq. No. 1998. Petition for Appointment of Guardian of Minor. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: The petition of M. J. respectfully shows : That your petitioner is the mother of W. J., C. J. and E. J., minor children of T. J., late of said city and county, deceased. That said minors have no guardian legally appointed by will, and arc residents of said city and county, and have estate within said city and county which needs the care and attention of some fit and proper person. That said estate consists partly of cash and partly of undivided inter- ests in a lot of land in said city and county, inherited by said minors from their late father, and lately distributed to them by a decree of the superior court of said city and county, by which said decree the admin- istratrix of the estate of said deceased was directed to pay and deliver to the guardian of said minors the cash and real estate belonging to them [or state such other facts as show the necessity or convenience of a guardian] . That, therefore, it is necessary and convenient that a guardian be appointed to the persons and estates of said minors. That said W. J. is of the age of nineteen years, said C. J. of the age of seventeen years, and E. J. of the age of fifteen years ; and said minors are, at present, under the care of your petitioner. That the only relatives of the said minors residing in said city and county of San Francisco are F. W. and H. W., uncles of said minors. Wherefore, your petitioner prays that your honor nominate and [or, if the minors are above the age of fourteen years, as in this ease, and have nominated their guardian, then omit the words "nominate and," and say simply] appoint your petitioner, a fit and proper person, or such other fit and proper [or if the minors be above the age of fourteen years, omit the words "fit and proper"] person as said minors may hereinafter nomi- nate [or if said minors are under fourteen years of age, then omit the 723 Guardianship. Forms 1999, 2000 words "as said minors may hereinafter nominate," and say, "as to your honor may seem fit and proper"] a guardian of said minors, and that your honor cause such notice to be given to the said F. W. and H. W., as your honor shall, on due inquiry, deem reasonable. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec. 1747. No. 1999. Petition for Appointment of Guardian of Incompetent Person. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco : The petition of A. D. shows to the court that he is the oldest son of C. D. and a resident of said city and county. That the said C. D., over eighty years old, is an invalid, and for those and other reasons his mind is greatly impaired, so that he is mentally incompetent to manage his property or to care for himself. That he owns nine houses and lots, in said city and county, yielding a net income of twelve hundred dollars a month, and it is necessary that a guardian be appointed to manage said property. Wherefore petitioner prays for an order appointing him guardian of his father's estate. Dated . [Signature.] NOTE. — "When a person is insane or mentally incompetent to manage his property, a superior court may, after five days' notice of the application, appoint a guardian for him. If such person is able to attend he must be present at the hearing: California, Code Civ. Proc, sec. 1763. No. 2000. Affidavit that Infant is Imperiled, With Reciuest that Guard- ian be Appointed, [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he has petitioned the above-entitled court to be appointed guardian of the person and estate of , a minor orphan child of , deceased; that notice has been given as ordered by said court to , the person having the care of said minor, and to all relatives of said minor residing in said county; that the hearing of said application has been set before said court for , , 19 — ; that affiant is an uncle of said minor, and is interested in her welfare; that she is fourteen years of age, and affiant believes that she will be im- periled if permitted to remain witli the person having the care of her; that said person is , the widow of said , and said minor's step- mother. Forms 2001-2003 Cowdery's Form Book. 724 Wherefore affiant asks the said court to make an order providing for the temporary custody of said minor until a hearing can be had on such petition. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— California, Code Civ. Proc, sec. 1747. This affidavit may be used where the peril has arisen since the petition was filed. If it existed before that time, the facta should be incorporated in the petition, which should be verified. No. 2001. Order for Custody Pending Guardianship Proceedings. [Title of Court and Cause.] Upon reading the affidavit of , filed in the above-entitled matter, it is ordered that the sheriff of said county take from the custody of the minor girl, , and place said minor in the custody and care of the until the further order of this court. NOTE.— See Cal. Code Civ. Proc, sec. 1747. No. 2002. Nomination of Guardian by Minor. [Title of Court and Estate.] To the Honorable, the Superior Court of the County of Alameda. I hereby nominate A. B., and join in his petition asking the court to appoint him guardian of my person and estate. Dated . [Signature.] NOTE. — If a minor is fourteen years of age he may nominate his own guardian, and the court is commanded to "accordingly" appoint the choice of a minor if he approves of him: California, Code Civ. Proc, sec. 1748. If the nominee of the minor is not approved by the court, and if the minor neglects for ten days, after citation, to appoint a suitable guardian, the court may appoint one for him as if he were under fourteen years of age: Code Civ. Proc, sec 1749. In brief, a minor has no absolute right at any time to choose his own guardian: Code Civ. Proc, sec. 1750. No. 2003. Order Prescribing Notice of Application for Appointment of Guardian. [Title of Court and Estate.] M. J., the mother of W. J., C. J., and E. J., minors, children of T. J., late of the city and county of San Francisco, deceased, having this day made application by petition to the superior court of this city and county for the appointment of said M. J. as the guardian of the persons and estates of said minors, it is hereby ordered and directed that per- sonal notice of said application be served on P. W. and H. W. [if the person under whose care the minors are be not the applicant for letters then add the name of such person], by citation, at least five days before the tenth day of December, 1917, requiring said parties to appear before 725 Guardianship. Forms 2004, 200u said court, at the courtroom, at the City Hall, in said city and county, on said tenth day of December, 1917, at eleven o'clock A. M., then and there to show cause, if any they have, why the said M. J. should not be appointed the guardian of the persons and estates of the said minors, W. J., C. J. and E. J. Dated . , Judge. NOTE.— California, Code Civ. Proc, sec. 1747. No. 2004. Order Appointing Day for Hearing Application for Letters of Guardianship of Incompetent Person. [Title of Court and Estate.] It is ordered that Monday, June 3, 1917, at 10 o'clock A. M., be appointed for hearing the application of A. D. for letters of guardian- ship of the person of C. D., who is alleged to be mentally incompetent, and that the clerk of this court give notice of the time and place of said hearing to the said C. D. by citation, and it is ordered that the citation be served at least ten days prior to the time set for the hearing, and it is further ordered that it be served by the sheriff of this county. Dated . , Judge of the Superior Court. NOTE. — The statute directs notice to be given at least five days before the hearing, and directs that the said incompetent person must, if able to attend, be produced at the hearing: California, Code Civ. Proc, sec. 1763. No. 2005. Order Appointing Guardian of Minors. [Title of Court and Estate.] The petition of M. J., for the appointment of herself as the guardian of the person and estate of said minors, coming on regularly to be heard on this tenth day of December, 1917, upon due proof to the satisfaction of said court that due notice had been given to the relatives of the said minors residing in this city and county, and to the person under whose care said minors are, as required by law, and as directed by this court, and it duly appearing to the court that said minors are residents of the city and county of San Francisco, and that they have estate within the city and county of San Francisco, which needs the care and attention of some fit and proper person, and which estate is of the value o£ ten thousand dollars: It is hereby ordered, that said M. J. be, and she is hereby, appointed guardian of the persons and estates of said minors, W. J., C. J. and E. J., and that letters of guardianship of the persons and estates of said minors be issued to her upon her giving bond to each of said minors in the penal sum of $10,0Q0. Dated . , Judge. Forms 2006, 2007 Cowdery's Form Book. 726 No. 2006. Order Appointing Guardian of Incompetent Person. [Title of Court and Estate.] It is hereby ordered that A. D. be, and he is hereby, appointed guard- ian of the estate of C. D., an incompetent person, and that letters of guardianship issue to him in the usual form upon his filing a bond, in the form required by law, in the sum of $10,000, to be approved by the judge of this court. Dated . , Judge. NOTE.— California, Code Civ, Proc, sec. 1765. No. 2007. Order Appointing Guardian of Insane Person Where First Appointee Failed to Qualify. [Title of Court and Proceeding.] Now, on this 11th of July, 1870, it appearing to the satisfaction of the court that James Polk Wright is insane, and by reason of said in- sanity incapable of properly managing his own affairs. It further appearing that said James Polk Wright is a resident of Butte county, now at a private asylum in Alameda county. It furtlier appearing that said James Polk Wright is the owner and possessor of certain real and personal property; and it further appearing that heretofore, viz., on the eighteenth day of March, A. D. 1870, a petition was filed by one Abra- ham T. Enos, praying for letters of guardianship of the estate and person of said James Polk Wright, and it appearing on proofs adduced tliat the said James Polk Wright was insane, and incompetent to manage his own affairs, an order was made on tlie twenty-sixth day of April, 1870, appointing the said Abraham T. Enos, guardian of the estate and person of the said James Polk Wright, and requiring him to give bond in the sum of three thousand dollars, conditioned for the faithful per- formance of his duties as such guardian. And it further appearing that sufficient time having been given to the said Abraham T. Enos to file said bond, and he having failed to do so, it is ordered that A. Hallett, having filed his petition to be appointed guardian of the estate and per- son of the said James P. Wright, and up./^ the reading of said petition, and the proofs adduced, it is ordered that the said A. Hallett be appointed guardian of the person and estate of the said James P. Wright, upon his filing a bond to said Wright in the sum of two thou- sand dollars, conditioned for the faithful performance of his duties as such guardian. Dated the eleventh day of July, 1870. John Marshall, Judge. NOTE.— Precedent in Halett v. Patrick, 49 Cal. 591. 727 Guardianship. Forms 2008, 2009 No. 2008. Bond of Guardian on Qualifying. [Title of Court and Estate.] Know all men by these presents: That we, M. J., as principal, and J. D. and R. R., as sureties, are held and firmly bound unto W. J., a minor, in the sum of one thousand dollars, lawful money of the United States of America, to be paid to the said W. J., minor, for which pay- ment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals and dated this twelfth day of December, 1917. The condition of the above obligation is such, that whereas an order was made by the superior court of the city and county of San Francisco, state of California, on the tenth day of December, 1917, appointing the above-bounden M. J. the guardian of the person and estate of said minor, and directing that letters of guardianship be issued to her upon her giv- ing a bond to said minor, with sufficient sureties, to be approved by the judge of said superior court, in the penal sum of one thousand dollars, conditioned that said guardian shall faithfully execute the duties of her trust, according to law. Now, therefore, if the said M. J. shall faithfully execute the duties of her trust, according to law, then this obligation shall be void and of no effect, else to remain in full force and virtue. [Signatures.] [Justification.] jq-QTE. — In California, the statute provides that the court must require of the guardian a bond conditioned that he will faithfully execute the duties of his trust according to law; and the following conditions shall form a part of said bond without being expressed therein: 1. To make an inventory of all the estate, real and personal, of his ward that comes to his possession or knowledge, and to return the same within such time as the court may order. 2. To dispose of and manage the estate according to law, and for the best interest of the ward, and faithfully to discharge his trust in rela- tion thereto, and also in relation to the care, custody and education of the ward. 3. To render an account on oath of the property, estate and moneys, of the ward in his hands, and all proceeds or interests derived therefrom, and of the management and disposition of the same, within three months after his appointment, and at such other times as the court directs, and at the expiration of his trust to settle his accounts with the court, or with the ward, if he be of full age, or his legal representatives, and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person who is lawfully entitled thereto: California, Code Civ. Proc, sec. 1754. No. 2009. Condition of Guardian's Bond — Washington. [Title of Court and Estate.] The condition of this obligation is such that if the above-bounden , who has been appointed guardian for , shall faithfully dis- charge the office and trust of such guardian according to law, and shall render a fair and just account of his said guardianship to the court for the county of from time to time as he shall thereto be required by said court, and comply with all orders of said court lawfully made Forms 2010, 2011 Cowdery's Form Book. 728 relative to the goods, chattels, and moneys of such minor, and render and pay to such minor all moneys, goods, and chattels, title papers, and effects which may come into the hands or possession of such guardian belonging to such minor when such minor shall thereto be entitled, or to any subsequent guardian, should such court so direct, then this obli- gation shall be void ; otherwise, to remain in full force and virtue. NOTE.— See Wash. Eem. Code, sec. 1632. No. 2010. Letters of Guardianship. [Title of Court and Estate.] M. J., is hereby appointed guardian of the person and estate of W. J., a minor. Witness, W. A. S., clerk of the superior court of the city and county of San Francisco, with the seal of the court affixed, the twelfth day of December, 1917. By order of the court. [Seal] W. A. S., Clerk [etc.]. State of California, City and County of San Francisco, — ss. I do solemnly swear that I will perform, according to law, the duties of guardian of the person and estate of W. J., a minor. Subscribed and sworn to [etc.], [Signature.] NOTE. — The superior court of each county may appoint guardians for the persons and estates, or either of them, of minors who have no guardian legally appointed by will or deed, and who are inhabitants or residents of the county, or who reside without the state and have estate within the county. Such appointment may be made on the petition of any person on behalf of the minor, or on the petition of the minor, if "fourteen years of age. Before making such appointment the court must cause reasonable notice to be given to any person having the care of such minor, and to such relatives of the minor residing in the county as the court may deem proper: California, Code Civ. Proc, sec. 1747. No. 2011. Application for Appointment as Guardian Ad Litem. [Title of Court and Cause.] represents to the court that the plaintiff in interest therein, , is under age of fourteen years; that he has no general guardian; that applicant is a friend, and also the attorney for said in said action ; and that it is necessary for said to have a guardian ad litem in said action. Wherefore he prays that he may be appointed guardian ad litem for said infant in said action. [Signature.] NOTE. — See Cal. Code Civ. Proc, sec. 843. 729 Guardianship. Forms 2012-2014 No. 2012. Order Appointing Guardian Ad Litem. [Title of Court and Cause.] Upon reading and filing the application of , a friend of , an infant under the age of fourteen years, and it appearing that sufficient gi-ounds exist therefor, it is ordered that said be and he is hereby appointed guardian ad litem for said infant in said action. Dated . , Judge. NOTE.— See Cal. Code Civ. Proc, sec. 84S. No. 2013. Affidavit That Guardian Refuses to Properly Support Ward. [Title of Court and Estate.] State of California, County of Napa, — ss. A. B., being sworn, says: That C. D. is the appointed, qualified and acting guardian of the person and estate of A. M., the minor son of C. B., deceased. That he was appointed by the said superior court of the county of Napa on June 3, 1917. That said minor is possessed of an estate which nets him $100 a month; that affiant is an uncle of said minor, and is interested in his welfare. That said minor is sixteen years of age, strong and healthy, and mentally sound, also gentle, obedient and affectionate. That said guardian has been requested by petitioner and other relations to send his ward to the public schools, but he refuses to do so, but attempts to educate him at home, he, the said guardian, being the only teacher he has had since letters of guardianship were issued to said guardian. That he, the said guardian, is doing what he thinks is the proper thing to do, but he is himself uneducated, and un- usually ignorant of arithmetic, grammar, writing and spelling. Wherefore, affiant requests the court to cite the said guardian to appear and show cause why said minor is not sent to the public schools [or why he should not be removed]. NOTE. — Whenever a guardian fails, neglects or refuses to furnish suit- able and necessary maintenance, support or education for his ward, the court may order him to do bo, and may enforce said order by proper process: Cali- fornia, Code Civ. Proc, sec. 1771. No. 2014. Inventory and Appraisement of Estate of Ward. [Title of Court and Estate.] The following is a true inventory and appraisement of all the estate of T. J., a minor, which has come into the possession of the undersigned g^iardian : Form 2015 Cowdery 's Form Book. 730 Moneys belonging to the said minor, which have come into the hands of the guardian $50 00 Real Estate. A certain lot, piece or parcel of land, situate, lying and being in the city and county of San Francisco, state of Cali- fornia, and bounded and particularly described as follows, to wit : [Description.] 8,850 00 Personal Estate. Household Furniture: 1 parlor stove, appraised at the sum, etc 20 GO 1 gold watch and chain, appraised at the sum of 100 00 25 shares of the Zenith Gold and Silver Mining Company, appraised at $100 per share 2,500 00 Appraised value of whole estate $11,520 00 The whole of the estate mentioned in the foregoing inventory is com- munity property, as far as can be ascertained from said guardian. We, the undersigned, duly appointed appraisers of the estate of T. J., a minor, hereby certify that the property mentioned in the foregoing inventory has been exhibited to us, and that we appraise the same at the sum of fourteen thousand one hundi'ed and thirty-seven dollars ($14,137). No. 2015. Petition of Guardian for Order of Sale of Real Estate. [Title of Court and Estate.] To the Honorable, the Said Superior Court of the City and County of San Francisco, State of California: The petition of M. J., the guardian of the persons and estates of W. J., aged 4, C. J., aged 6, and E. J., aged 8 years, minors, respectfully shows: That on the twelfth day of December, 1917, letters of guardianship were issued to your petitioner by this court; that your petitioner there- upon duly entered upon the discharge of her duties as such guardian; and that such letters have not been revoked. That within three months after her appointment, to wit, on the second day of March, 1917, your petitioner duly returned to this court a true inventory and an appraisement of all the estate, real and personal, of her said wards that has come to her possession or knowledge. That the following is a description of all the real estate belonging to said ward: [Description.] That the facts and circumstances upon which this petition is founded and which render a sale of the whole of the said real estate necessary and beneficial (or either), are as follows: Said wards have no income, except the rents of said land. The best rent obtainable is three hundred dollars a year for all the land. The least sum sufficient for the maintenance of said VN-ards is $450 a year, or 731 Guardianship. Form 2016 $150 for each. The taxes on said land average $50 a year, leaving a deficit of $200 a year. It will be therefore necessary to sell all of said land for the purpose of using the proceeds to maintain said wards. Wherefore your petitioner prays that this honorable court make an order directing the next of kin of the said wards, and all persons inter- ested in the said estate, to appear before this court, to show cause why an order should not be granted for the sale of such estate; and that upon such hearing this honorable court may order said real estate to be sold, for the maintenance and education of the said wards, or that such other or further order may be made as is meet in the premises. Dated . [Signature.] NOTE.— In California, when the income of an estate under guardianship is insufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, his guardian may sell his real or personal estate for that purpose, upon obtaining an order therefor: California, Lode Civ. Proc, sec. 1777. , . ^ „. . See Alaska, Comp. Laws 1913, sec. 1750 et seq.; Arizona, Rev. Stats. (Civ. Code 1913), see. 1146 et seq.; California, Code Civ. Proc, sees. 17//- 1792; Colorado, Mill's Ann. Stats. 1912, sec. 7965 et seq.; Hawaii, Rev. Code 1915, sec. 3046 et seq.; Idaho, Rev. Codes 1907, sec. 5801 et seq.; Kansas, Gen. Stats. 1915, sec. 5051; Montana, Rev. Codes 1907, sees. 7780- 7795; Nebraska, Rev. Code 1913, sec. 1675 et seq.; Nevada, Rev. Laws 1912 see 6170 et seq.; New Mexico, Stats. Ann. 1915, sees. 2568, 2o86; North Dakota, Comp. Laws 1913, sees. 8899-8912; Oklahoma, Harris & Dav's Code 1910, sec. 6553 et seq.; Oregon, Lord's Oregon Laws, sec ld4b et seq.; South Dakota, Comp. Laws 1913, see. 6009 et seq.; Utah, Comp. Laws 1907, sec. 4007, 4015; Washington, Rem. Code, sec. 1645 et seq.; Wyoming, Comp. Stats. 1910, sec. 5757 et seq. No. 2016. Order of Publication of Order to Show Cause on Guardian's Application for Order of Sale of Real Estate. [Title of Court and Estate.] It appearing to this court from the petition this day presented and filed by M. J., the guardian of the persons and estate of W. J., C. J., and E. J., minors, praying for an order of sale of certain real estate be- longing to said wards, and that it is for the best interests of said wards, and necessary that such real estate should be sold ; it is hereby ordered that the next of kin of the said wards, and all persons interested in the said estate, appear before this court on Tuesday, the fourteenth day of February, 1917, at 10 o'clock A. M., at the courtroom of this court, at the New City Hall, in the city and county of San Francisco, then and there to show cause why an order should not be granted for the sale of such estate. And it is further ordered that a copy of this order be published at least once a week for three successive weeks before the said day of hearing, in the D. E. B., a newspaper printed and published in said city and county of San Francisco. Dated . , Judge. Form 2017 Cowdery's Form Book. 732 NOTE. — In California, if it appear from the petition that it is neecssarj or would be beneficial to the ward that the real estate, or some part of it, should be sold, or that the real and personal estate should be sold, the court must thereupon make an order directing the next of kin of the ward, and all persons interested in the estate, to apjiear before the court, at a time and place therein specified, not less than four nor more than eight weeks from the time of making such order, to show cause why an order should not be granted for the sale of such estate. [If it appear that it is neces- sary or would be beneficial to the ward, to sell the personal estate or somo part of it, the court must order the sale to be made.] California, Code Civ. Proc, sec. 1782. No. 2017. Petition of Guardian for Order of Sale of Real Estate in Order to Reinvest Proceeds. [Title of Court and Estate.] To the Honorable, the Said Superior Court of the City and County of San Francisco, State of California: The petition of M. J., the guardian of the persons and estates of W. J., aged 4, C. J., aged 6, and E. J., aged 8 years, minors, respectfully shows : That on the twelfth day of December, 1917, letters of guardianship were issued to your petitioner by this court; that your petitioner there- upon duly entered upon the discharge of her duties as such guardian; and that such letters have not been revoked. That within three months after her appointment, to wit, on the second day of January, 1917, your petitioner duly returned to this court a true inventory and an appraisement of all the estate, real and personal, of her said wards that has come to her possession or knowledge. That the following is a full description of all the real estate belonging to said minors: An undivided three-eighths in all that certain lot, piece, or parcel of land, situate in the city and county of San Francisco, state of California, and described as follows, to wit : [Description.] One-third of the above three-eighths, that is, an undivided one-eighth of the whole of said land, belongs to each of said minors. Said minors have no other property than the above; the sum of $165.62^, belonging to each, paid to your petitioner, upon her receiving letters of guardianship, by the late administratrix of the estate of their father, T. J., deceased, and mentioned in the inventory, having been all disposed of by your petitioner, in the maintenance and education of said minors, and she has now no moneys in her hands belonging to said minors. The above reel estate is unimproved, and yields no income whatever; and said undivided eighth interest is of the value of $1,500, or there- abouts, that being also the appraised value thereof. That the facts and circumstances upon which this petition is founded and which render a sale of the whole of the said real estate necessary and beneficial are as follows: The taxes, state, and city and county, levied and collected each year, on the interest of said wards in said land 733 Guardianship. Form 201 S are $25.30. There is now a petition before the board of supervisors of said city and county to grade, sidewalk, sewer, and pave the street in front of the said land. That said petition will probably be granted and the proposed work done because the United Railroads Companies have a franchise for a railroad along said street, and said street is necessary for the uses of said railroad company. That your petitioner has been offered $1,500 for said property. That if said property is sold, peti- tioner proposes, if permitted by the court, to invest the proceeds in the stock of B. W. and Company, a corporation whose stock pays twenty per cent per annum dividends to its stockholders, and said dividends are liable to continue until said younger child is of legal age. Wherefore, your petitioner prays that this honorable court make an order directing the next of kin of the said wards and all persons inter- ested in the said estate, to appear before this court at a time and place therein specified, not less than four nor more than eight weeks from the time of making such order, to show cause why an order should not be granted for the sale of such estate ; and that upon such hearing, this honorable court may order said real estate to be sold, in order that the proceeds may be put out at interest, or invested in some other produc- tive stock, if not the stock aforesaid, or that such other or further order may be made as is meet in the premises. Dated . [Signature.] NOTE. — In California, upon the petition of the guardian, it appearing to be for the benefit of his ward that this real estate, or some part thereof, should be sold, and the proceeds thereof put out at interest, or invested in some productive stock, or in the improvement or security of any other real estate of the ward, his guardian may sell the same for such purpose, upon obtaining an order therefor: California, Code Civ. Proc, sec. 1778. No. 2018. Consent of All Persons to Sale by Guardian. [Title of Court and Estate.] We, the undersigned, being the father, mother and all the brothers and sisters of A. B., a minor, and being all those interested in his estate, hereby consent to the making of an order of sale, and sale of all that real estate described as follows, to wit [description], as prayed for in the petition of C. D., the guardian of said A. B., and which petition was filed in said court on June 3, 1917. NOTE. Unless such consent is given the court must order notice to bo served on the next of kin and on all persons interested; and an order may be made to publish the notice. Such consent saves four weeks' delay ana saves the cost of service and publication: California, Code Civ. Proc, sees. 1782, 178a. Forms 2019, 2020 Cowdery's Form Book. 734 No. 2019. Order of Sale of Real Estate by Guardian. [Title of Court and Estate.] The petition of M. J., the guardian of the persons and estate of the above-named minors for authority to sell certain land, coming on regu- larly to be heard the fourteenth day of February, 1917, and the court having fully heard and examined the proofs and allegations of said peti- tion, and all and singular the law and the premises being by the court here understood and duly considered: Wherefore, it is ordered, adjudged and decreed, that said M. J., the gnardian of the persons and estates of W. J., C. J., and E. J., minors as aforesaid, do and she is hereby authorized to sell all the right, title, and interest of her said wards, in and to the real estate hereinafter de- scribed, at public auction, upon the following terms, to wit, for cash, gold coin of the United States, and for the following causes or reasons : That the income of said estate is not sufficient to maintain and educate said wards, and it would also be for the benefit of said wards that their real estate should be sold in order that the proceeds thereof may be put out at interest. And it is further ordered that the said guardian shall, before the said sale, give bond to the said wards in the penal sum of fifteen hundred dol- lars, with sufficient security, to be approved by said court or judge, with condition to sell the said real estate, and make return thereof in the manner prescribed by law for the sales of real estate by executors and administrators. The following is the real estate hereby authorized to be sold, being situated in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] Dated . [Signature.] j^OTE. — In California, if it appears necessary, or for the benefit of the ward, that his real estate, or some part thereof, should be sold, the court may graut an order therefor, specifying therein the causes or reasons why the sale is necessary or beneficial, and may, if the same has been prayed for in the petition, order such sale to be made either at public or private sale: California, Code Civ. Proc, sec. 1787, and the same as in sales by executors. No. 2020. Bond of Guardian on Sale of Real Estate. [Title of Court and Estate.] Know all men by these presents: That we, M. J., as principal, and J. D. and R. R. as sureties, are held and firmly bound to W. J., C. J. and E. J., wards of the above-bounden M. J., in the sum of fifteen hundred dollars, lawful money of the United States of America, to be paid to the said wards, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors and administrators jointly and severally, firmly by these presents. Sealed with our seals and dated this fifteenth day of February, 1917. 735 Guardianship. Form 2021 The condition of the above oblijration is such, that whereas an order was made on the fourteenth day of February, 1917, by the superior court of the said city and county of San Francisco, authorizing the above- named principal, as guardian of the persons and estates of W. J., C. J., and E. J., minors, to sell certain real estate, the property of said minors, and bond in the sum above named was ordered to be given before the sale. Now, therefore, if the said M. J., as such guardian, faithfully execute the duties of her trust according to law, and shall sell the said real es- tate in the manner prescribed by law for sales of real estate by executors and administrators, and shall account for and dispose of the proceeds of the sale in the manner provided by law, then this obligation to be- void, otherwise to remain in full force and effect. Dated . [Signatures.] NOTE. — ^In California, before a sale of a ward's real estate, a guardian must give a bond to the ward with condition to sell the land in the manner, and to account for the proceeds of the sale, as provided for by law: Code Civ. Proc, sec. 1788. All the provisions of law respecting sales and accounts of sales by executors and administrators are applicable to sales by guard- ians: Code Civ, Proc, sec. 1789. No. 2021. Petition by Guardian for an Order to Mortgage Real Estate. [Title of Court and Estate.] To the Honorable, the Superior Court of the County of Napa: The petition of A. B. states that he is the qualified and acting guard- ian of the estate of C. D., a mentally incompetent person. That the said C. D. is the owner of that tract of land and improve- ments in said county of Napa, described as follows, to wit: [Description.] That on June 8, 1917, this court adjudged the said C. D. to be men- tally incompetent, and your petitioner was appointed guardian of his es- tate. That petitioner took charge of the said property, and immediately ascertained that it was valuable, and an offer has been made by a re- liable person to rent it for a term of five years for farming purposes, at a yearly rental of $1,200. That the said C. D. had, during the years igis, 1914, 1915, attempted to farm said land but on account of his mental incapacity became indebted in the sum of $1,450, including taxes on the land. That the creditors of said C. D. are pressing petitioner for payment and he finds it impossible to pay them unless said land is sold or mortgaged. That petitioner has ascertained that the said C. D. (he having no family) can be well supported on a net income of $40 a month. That petitioner has ascertained that he can borrow $1,500 at six per cent a year for a term of three years on mortgage of said land. That the cost of obtaining said mortgage, recording, and the costs of this peti- tion will be $50. That the rent of said premises for three years will net $3,600, and after deducting $1,440, expended for the care of said C. D., Forms 2022, 2023 Cowdery's Form Book. 736 there will remain $2,160 to apply to the payment of the principal of said inorlg-age and interest and a balance of $390, which will be amply suffi- cient to meet any probable deficiency in the estimated cost of mainte- nance during said three years. Wherefore, petitioner prays for an order authorizing him, as guardian of the said C. D., to mortgage said property for the amount, interest and purpose in this petition stated. NOTE.— California, Code Civ. Proc, sec. 1770. No. 2022. Petition of Guardian That He may Assent to Paxtition of Land. [Title of Court and Estate.] To the Honorable, the Superior Court in and for the County of Alameda : The petition of A. B., guardian of C. D., a minor, shows that said minor is the owner in fee of an undivided one-third of all that tract of land described as follows, to wit: [Description.] That an action has been brought by his cotenants, E. F. and G. H., in the superior court of said Alameda county, against said C. D., for partition of said land among the said cotenants. That your petitioner believes that said land may be so divided that each owner will be benefited thereby. Wherefore he prays for an order authorizing him to assent to the petition prayed for in said action. A copy of the complaint in said action is attached hereto and is re- ferred to and made a part of this petition. Dated . [Signature.] NOTE. — Before granting the partition the court must order the clerk to mail notices of the application to all the known relatives of the ward residing in the county where the proceedings are had, at least ten days be- fore the hearing, which must he in open court: California, Code Civ. Proc, Bee. 1772. The same order may be made by agreement between a guardian and the cotenants of his ward without action, upon partition and after the same notice: California, Code Civ. Proc, sec. 1772. No. 2023. Order Granting to Nonresident Guardian Leave to Remove Ward's Property from State. [Title of Court and Estate.] It appearing to the court that A. S., E. S., and M. S. are minors and residents of the town of Galway, county of Saratoga, in the state of New- York, that A. B. is the guardian of the persons and estate of said minors in said state of New York and is a resident of said state, and that he has filed in this court a transcript of the record of his appointment as said guardian, and it also appearing that he has entered upon the dis- charge of his duties in said state, and that he is entitled by the laws 737 Guardianship. Forms 2024, 2025 of the state of New York to the possession of all the estate of his said wards, wherever it may be; and it also appearing to the court that each of said minors is entitled under the laws of the state of California, to one-twelfth part of all the personal property remaining in the hands of the executor of the last will of S. D., deceased, as appears by the final account of the executor of said estate on file in this court, case No. 30,363, Department No. 5, and also by the decree of distribution in said estate. It is ordered that J. C. R., the executor of the last will of S. D., de- ceased, deliver to said A. B., as guardian aforesaid, all the following de- scribed i^roperty, to wit [description], and the said guardian is hereby granted leave to remove said property from the state of California. Dated . , Judge. NOTE. — Under the facts as they appear in the above, such order will be made; and when the foreign guardian's receipt is filed with the clerk of the California court, and a duplicate forwarded to the court from which the nonresident guardian received his appointment, the California executor is discharged from further liability: California, Code Civ. Proc, sees. 1798, 1799. No. 2024. Complaint by Infant, Suing by General Guardian. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That he is under the age of years. 2. That on the day of , 19 — , at , the above-named was duly appointed by the court of county, state of , guardian of the property and person of the plaintiff. 3. [State the cause of action.] Wherefore [etc.]. [Signature.] No. 2025. Complaint by Infant, Suing by Guardian Ad Litem. [Title of Court and Cause.] The plaintiff complains, and alleges : 1. That he is under the age of years, to wit, of the age of years. 2, That on the day of , 19 — , at , the above-named was duly appointed by the court of the county of , state of , the guardian of the above-named , for the pui-poses of this action. 3. [State the cause of action.] Wherefore [etc.]. [Signature.] Form Book — 47 Forms 2030-2032 Cowdery's Form Book. 738 No. 2030. Release to Guardian. Be it known that , son and heir of , deceased, now over 3'ears old, has remised, released, and forever quitclaimed, and by these presents does remise, release, and forever quitclaim, unto , of , his guardian, all manner of actions, causes of action, suits, reckonings, accounts, debts, dues, and demands Avhatsoever which he, the said , ever had, now has, or which he, his executors or administrators, at any time hereafter may have, claim, or demand against the said , his executors or administrators, for, touching, or concerning the manage- ment and disposition of any of the lands, tenements, and hereditaments of the said , situate [etc.], or any part thereof, or for or by reason of any moneys, rents, or profits by him received out of the same, or any payments made thereout, during the minority of the said , or by reason of any matter, cause, or thing whatsoever relating thereto, from the beginning of the world to the day of the date hereof. Witness my hand and seal this day of , 19 — . Executed in presence of . [Signature.] No. 2031. Petition for Allowance Out of Income of Minor to Defray Expenses. [Title of Court and Guardianship.] , the guardian of the person and estate of , a minor, respect- fully represents that the said minor has an income derived from her es- tate, of about five hundred dollars per annum, which is amply sufficient to maintain and educate said minor; that , the father of said minor, is not able financially to expend the sums required to maintain and edu- cate said minor in a suitable manner; that it is for the best interest of said minor that she be sent to attend the State University at Berkeley, California, and that the sum of four hundred dollars per annum will be required to pay her necessary expenses while she is attending said university ; Wherefore petitioner asks an order of this court authorizing him to expend said sum of four hundred dollars annually, for the purposes here- inbefore mentioned. , Petitioner. , Attorney for Petitioner. No. 2032. Order for Allowance Out of Income of Minor. [Title of Court and Guardianship.] It appearing that , a minor, has a sufficient annual income to maintain and educate her, and that her father is not able to maintain and educate her in a suitable manner; It is ordered that , the guardian of the (person and) estate of said minor, be and he is hereby authorized to expend the sura of four hun- 739 Habeas Corpus. Form 2041 dred dollars annually, out of the income of said estate, for the purpose of maintaining and educating said minor. Dated . , Judge of Superior Court. HABEAS CORPUS. 2041. Petition for writ of habeas corpus. 2042. Order for writ of habeas corpus to issue. 2043. Writ of habeas corpus. 2044. Return to be indorsed on or annexed to writ of habeas corpus. 2045. Undertaking when admitted to bail by habeas corpus. No. 2041. Petition for Writ of Habeas Corpus. [Title of Court and Cause.] To the Honorable , Judge of the Superior Court of the City and County of San Francisco, State of California: The petition of respectfully shows: That he, the said , is unlawfully imprisoned, detained and restrained of his liberty by , sheriff of the city and county of San Francisco, at the county jail, in the city and county of San Francisco, in the State of California. That said imprisonment, detention, confinement and restraint are illegal, and that the illegality thereof consists in this, to wit [state the facts] . That no prior application has been made for a writ of habeas corpus in regard to the detention or restraint complained of in this application [or if such prior application or applications have been made, set out a brief statement of all the proceedings had therein to date, including the final order or orders made therein on appeal or otherwise]. Wherefore your petitioner prays that a writ of habeas corpus may be granted, directed to the said , sheriff as aforesaid, commanding him to have the body of said before your honor at a time and place therein to be specified, to do and receive what shall then and there be considered by your honor, concerning said , together with the time and cause of his detention, and said writ; and that he, said , may be restored to his liberty. Dated . [Signature.] NOTE. — In California, a person unlawfully imprisoned or restrained of his liberty, under any pretense, niay prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint. The application may be signed by the prisoner, or by any person on his behalf, and must specify: 1. That the person is restrained of his liberty, the officer or person by whom he is confined or restrained, and the place where, and naming all the parties, if known, or describing them, if not known; 2. If the restraint is alleged to be illegal, the petitioner must state in what the alleged ille- gality consists; 3. The petition must be verified bv the party making the application: Pen. Code, sees. 1473-1475. Forms 2042, 2043 Cowdery's Form Book. 740 See Alaska, Comp. Laws 1913, sec. 1401; Arizona, Eev. Stats. (Pen. Code 1913), sec. 333; California, Pen. Code, sec. 1473 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 3344 et seq.; Hawaii, Eev. Code 1915, sec. 2718 et seq.; Idaho, Rev. Codes 1907, sec. S341; Kansas, Gen. Stats. 1915, sec. 7621; Montana, Rev. Codes 1907, sec. 9631; Nebraska, Rev. Code 1913, sec. 9247 et seq.; Nevada, Rev. Laws 1912, sec. 6226; New Mexico, Stats. Ann. 1915, sec. 2591 et seq.; North Dakota, Comp. Laws 1913, sees. 11,359-11,399; Oklahoma, Harris & Day's Code 1910, sees. 4882-4906; Oregon, Lord's Oregon Laws, sec. 627 et seq.; South Dakota, Comp. Laws 1913, see. 7839 et seq.; Utah, Comp. Laws 1907, sec. 1069; Washington, Rem. Code, sec. 1065; Wyoming, Comp. Stats. 1910, sec. 6326 et seq. No. 2042. Order for Writ of Habeas Corpus to Issue. [Title of Court and Cause.] Upon reading and filing the petition of P. S., duly signed and verified by him, whereby it appears that he is illegally imprisoned and restrained of his liberty by J. T. R., sheriJff of the county of San Joaquin, at the county jail in the county of San Joaquin, in the state of California, and stating wherein the alleged illegality consists, from which it appears to me that a writ of habeas corpus ought to issue, it is ordered that a writ of habeas corpus issue out of and under the seal of the superior court of the state of California, county of San Joaquin, directed to the said J. T. R., sheriff as aforesaid, commanding him to have the body of the said P. S. before me, in the courtroom of the said court, at the county of San Joaquin, on the twenty-first day of January, 1917 at two o'clock P. M. of that day, to do and receive what shall then and there be con- sidered concerning the said petitioner, P. S., together with the time and cause of his detention, and that you have then and there the said writ. Dated . , Judge. NOTE.— California, Pen. Code, sec. 1476. No. 2043. Writ of Habeas Corpus. [Title of Court and Cause.] In the Superior Court of the County of San Joaquin, State of California. The People of the State of California, to J. T. R., Sheriff of the County of San Joaquin, Greeting: We command you, that you have the body of P. S., by you imprisoned and detained, as it is averred, together with the time and cause of such imprisonment and detention, by whatsoever name said P. S., shall be called or charged, before C. V. R. P., judge of the superior court of the state of California, at the courtroom of said superior court, county of San Joaquin, on the twenty-first day of April, 1916, at 2 o'clock in the afternoon of that day, to do and receive what shall then and there be considered concerning the said P. S.; and have you then and there this writ. [Or, we command you in person, and not by deputy or agent, to have the body of P. S., by you detained as the petition filed in this proceed- 741 Habeas Corpus. Forms 2044, 2045 ing avers ; and at the same time you are commaiifled to state in writing, in your return to this writ, the cause of your imprisonment or detention of said P. S. [if the person detained is known by some other name, then add] by whatever name said so-called P. S. is known; the said P. S. to be brought before the Honorable F. H. K., judge of the superior court of the city and county of San Francisco, state of California, on tlie third day of July, 1916, at 2 o'clock in the afternoon of that day, to the end that justice may be done.] And you are commanded to have then and there this writ, with your return indorsed thereon or annexed thereto; [or, if the prisoner is to be brought before the highest court of the state, add:] before our justices of our supreme court at, etc.; or, immediately after the receipt of this writ [or, instantly upon the receipt of this writ], you are commanded to bring, etc., before our said justices who are at this moment sitting as a court awaiting the return of this writ [or, before one or more of said judges or justices]. Witness the Honorable , judge of the said court, at the court- room tliereof, in the county of , this day of , 19 — . Attest my hand and the seal of said court the day and year last above written. [Seal] , Clerk. By , Deputy Clerk. NOTE. — See Cal. Pen. Code, see. 1477, and Wash. Rem. Code, sec. 1067. See, also, Utah, Comp. Laws^ 1907, sec. 1075. In some of the states, the writ may be issued by a probate judge. No. 2044. Return to be Indorsed on or Annexed to Writ of Habeas Corpus. In obedience to the within [or annexed writ], I certify and return to [the court or officer ordering the writ]* that before the coming of said writ to me, namely on, [etc.], at, [etc.] [state the commitment, if any, annexing a copy thereof to the return, and detail the facts] ; to nil of which I certify and have here with me the body of said P. S., as by the said writ commanded. [Or, as in the above return to asterisk] that neither at the time of the allowance of said writ, nor at any time since, was the said P. S. in my custody, nor was he restrained by me of his liberty; wherefore I can- not have his body before [the court or officer ordering the writ], as by said writ I am commanded. [Signature.] No. 2045. Undertaking When Admitted to Bail by Habeas Corpus. State of California, County of Amador. In the Matter of the People of the State of California v. George Dodge. Whereas the above-named defendant was held by Justice M. F. Little, Township No. 1, county and state aforesaid, on an examination held Form 2056 Cowdery's Form Book. 742 before him on the first day of March, A. D. 1861, to answer to the charge of grand larceny, alleged to have been committed by said defendant at said county on or about the twenty-sixth day of January, 1861. And whereas, said justice in his commitment of defendant to the custody of the slieriff of said county failed to state therein that the defendant was entitled to bail. And whereas, defendant by writ of habeas corpus this day sued out in said county was thereby brought before the county judge of said county on said writ for the purpose of giving bail. And whereas, on the hearing of said writ of habeas corpus before the honorable, the county judge, the said judge, on a full investigation of said writ ordered that said defendant, George Dodge, now imprisoned as set forth in said writ, be admitted to bail in the sum of $1,000, and that upon giving such bail bond that the defendant, George Dodge, be discharged from arrest and imprisonment. Now, therefore, we, P. M. Dodge and Samuel Love, of the state afore- said, and householders therein, for and in consideration of the premises, and of the discharge of said defendant George Dodge, from his arrest and imprisonment as above stated, do by these presents undertake and promise in the penal sum of $1,000, that the said defendant shall be and appear before any court having jurisdiction of said cause, if said de- fendant shall be required so to do, and answer any charge that may be found against him, and at all times to render himself amenable to the order of the court in which said action is tried, and if found guilty, to render himself in execution; and if defendant fail in either case, then we bind ourselves jointly and severally unto the state of Cali- fornia in the penal sum of $1,000, and for the payment of which we bind ourselves, our heirs and executors firmly by these presents. Jackson, March 11, 1861. P. M. Dodge. Samuel Love. NOTE. — Precedent in People v. Love, 19 Cal. 677. HEIRSHIP— PROCEEDINGS TO DETERMINE. 2056. Petition for determination of heirship. 2057. Order and citation on the petition to determine heirship. 2058. Order establishing service of notice on petition to determine heirship. 2059. Decree determining heirship of intestate. 2060. Decree establishing heirship of testate. No. 2056. Petition for Determination of Heirship. [Title of Court and Estate.] To the Honorable Superior Court aforesaid: The petition of respectfully represents : That died intestate in the county aforesaid on , 19 — ; that subsequently such proceedings were had that on the day of , 19—, Robert Reed was appointed by the aforesaid superior court ad- 743 Heirship — Proceedings to Determine. Form 2057 ministrator of the estate of said deceased, and that thereafter on said day he qualified as said administrator and received a grant of letters of administriition, and that he is now the duly qualified and acting administrator of said estate. That more than one year has elapsed since the issuance of said letters. That your petitioner is an heir of said deceased; and that he has been informed, and he believes, that certain persons who are not heirs of said deceased claim to be his heirs. Wherefore your petitioner prays that the court ascertain and declare the rights of all persons to said estate, and all interests therein, and to wliom distribution thereof should be made. Dated . ^ Petitioner. , Attorney for Petitioner. NOTE. — When the petition is filed the court will make an order directing service of notice to all persons interested in tlie estate to apiiear and "show cause": California, Cede Civ. Proc, sec. 1664. It is difficult to ascertain what cause interested persons are cited to show. It is certain that a pro- ceeding under the Code of Civil Procedure to determine heirship cannot be instituted until the expiration of a year from the issuance of letters: Smith V. Westerfield, 88 Cal. 374, 26 Pac. 206. The matter does not concern an administrator, and he will not be allowed to litigate the claim of one alleged heir against another: Estate of Oxarart, 78 Cal. 109, 20 Pac. 367. The pendency of proceedings to determine heirship does not deprive the court of jurisdiction to determine the heirship upon petition for final dis- tribution: Estate of Sheid, 129 Cal. 172, 61 Pac. 920. No. 2057. Order and Citation on the Petition to Determine Heirship. [Title of Court and Estate.] Upon reading and filing the petition of , praying this court to ascertain and declare the rights of all persons interested in the estate of , deceased, and to whom distribution thereof should be made: It is ordered that the following named persons be made parties to this proceeding, to wit , administrator of said estate, and , the heirs of said deceased [and A. B., C. D., and L. M. all the legatees and devisees of said decedent], and and , persons who claim an interest in the estate of said decedent, and John Doe and Richard Roe, whose real names are unknown, and who are therefore mentioned by fictitious names, they being persons who claim some interest in said estate. It is further ordered that all persons interested in said estate, includ- ing the persons above named, appear on the day of , 19 — , and set forth the nature and extent of their respective claims in, to, or uiDon the property and estate of said decedent, of which the following de- scribed real property forms a part [here insert a description of all the real property belonging to the estate]. It is further ordered that a notice containing a statement of the mat- ters mentioned in this order be served upon all persons interested in said estate in the same manner as summons in a civil action. , Judge of Superior Court. Forms 2058-2060 Cowdery's Form Book. 744 No. 2058. Order EstaWishing Service of Notice on Petition to Deter- mine Heirship. [Title of Court and Cause.] The fact of such service having been established to the satisfaction of the court, it is adjudged that service of notice and order to show cause issued in the above-entitled matter for the ascertainment of the rights of all persons interested in said estate as to their heirship has been made as required by law. Dated . , Judge. NOTE.— California, Code Civ. Proc, sees. 1664, 1705; Montana, Rev. Codes, sec. 7670. No. 2059. Decree Determining Heirship of Intestate. [Title of Court and Estate.] The matter of the determination of heirship in the above-entitled estate coming on this day regularly for hearing, and due proof to the satisfaction of the court being made of the service of notice of this pro- ceeding as directed by this court and required by law, and the evidence of the respective parties being introduced, and the cause being submitted to the court for its decision: It is adjudged that , the widow of deceased, is entitled to one- half of all the community property of said decedent, and also that she is entitled to one-fourth of all the separate property of decedent; that and are each entitled to one-sixth of said community prop- erty of said decedent, and that they are each entitled to one-fourth of the said separate property of decedent; That said community property is described as follows, to wit [here insert description] ; That said separate property is described as follows, to wit [here insert description] . It is hereby further ordered and adjudged that the costs of this pro- ceeding shall be paid pro rata by the parties hereto in proportion to the amount which each is entitled to receive as his distributive share of said estate, and said costs are hereby taxed at the sum of $ . Done in open court this day of , 19 — . , Judge of Superior Court. No. 2060. Decree Establishing Heirship of Testate. [Title of Court and Cause.] The above-entitled matter coming on regularly to be heard this third day of June, 1917, and A. B., C. D., E. P., and G. H., having appeared by their attorney, and L. J., K. L., and M. N., having failed to appear, and their faults having been entered as ordered by this court, and the entire matter relating to the rights of all the persons hereinabove men- 745 Homestead. Form 2060 tioned having been presented to the court and submitted for judgment upon the merits: It is adjudged and decreed as follows, that is to say, the A. B. L. aforesaid died intestate on the third day of June, 1916. That said de- ceased left a will which has been admitted to probate herein, and tliat by the terms of said will the whole of the said estate is devised and bequeathed as follows, to wit, a specific money legacy of $9,000 is be- queathed to A. F. and personal property described as follows [descrip- tion], is bequeathed to C. D. and the following described real estate is devised to E. D., to wit: [Description.] And all the residue of said estate is disposed of as follows : The entire remainder thereof to go to 0. F., R. C, and T. M., in equal portions, and upon the distribution of said estate it shall be so awarded. NOTE.— California, Code Civ, Proc, sees. 1664-1705; Montana, Eev. Codes, sec. 7670. HOMESTEAD. See Probate Homestead. 20V 1. Declaration of homestead by hus"band. 2072. Declaration of homestead by wife. 2073. Declaration of homestead by wife on her separate property. 2074. Declaration of homestead by husband on wife's separate property. 2075. Declaration of homestead by unmarried head of family, 2076. Declaration of homestead by person not head of family, 2077. Abandonment of homestead. 2078. Order assigning homestead to the innocent party on divorce. ,■ 2079. Order assigning homestead to the innocent party on divorce. 2080. Order for equal division of homestead on divorce. 2081. Order for sale of homestead and division of proceeds on divorce. 2082. Application for appraisers on execution against homestead. 2083. Notice of time and place of hearing on application for appraisers of homestead. 2084. Order appointing appraisers on execution against homestead. 2085. Oath of appraisers on execvition against homestead. 2086. Report, of appraisers opposing division of land. 2087. Report of appraisers favoring division of land. 2088. Order directing homestead be sold, and surplus above five thousand dollars applied on execution. 2089. Order directing division of homestead land. 2090. Order setting apart homestead and permitting execution against sur- plus. 2091. Order fixing compensation of appraisers on execution against home- stead. 2092. Application of husband of insane wife to sell homestead. 2096. Petition for decree vesting homestead in surviving wife. INTRODUCTORY NOTE. Creation of. — In California, a homestead is created by a declara- tion in writing showing: 1. That the person making it is the head of a family, and the name of the spouse, if the claimant is married ; or when it is made by his wife, showing that her husband has not Cowdeky's Form Book. 746 made snch declaration, and that she therefore makes it for their joint benefit ; 2. A statement that the person malting it is residing on the premises and claims them as a homestead ; 3. A description of the premises; 4. An estimate of their actual cash value: Code Civ. Proc, sec. 1263. A husband is the head of a family when he is married, and in the following order every person who is re- siding on the premises with him or her, and under his or her care and maintenance : 1. His or her minor child or minor grandchil- dren, or the minor child of his or her deceased wife or husband ; 2. A minor brother or sister, or the minor child of a deceased brother or sister; 3. A father, mother, grandfather or grandmother ; 4. The father, mother, grandfather or grandmother of a deceased husband or Mdfe ; 5. An unmarried sister or any other of the relatives men- tioned of legal age and who are unable to take care of or support themselves: Civ. Code, sec. 1261. Who may Select. — The husband or other head of the family, or in case the husband has not made a selection, the wife must execute and acknowledge in the same manner as a grant of real property is aclmowledged, a declaration of homestead and file the same for record: Civ. Code, sec. 1262. Value of Premises. — The constitution of the state of California provides for homesteads by article XVII, section 1. The Civil Code fixes the value: 1. Head of family, not exceeding five thousand dollars; 2. Any other person, not exceeding one thousand dollars. The declaration must state an estimate of the actual cash value of the premises : Ames v. Eldred, 55 Cal. 136. There are many other cases to the same point, and it appears to make no difference what form of words is used or the value placed on the premises, be it more or less than five thousand dollars, even if the word "cash" is omitted before the word "value." In King v. Gotz, 70 Cal. 236, 11 Pae. 656, the value was placed at seven thousand dollars : Civ. Code, sec. 1266. Exemption of. — It is exempt from execution or forced sale ex- cept: 1. To satisfy judgments obtained before declaration was filed for record, which judgments are liens upon the premises; 2. On debts secured by liens under the mechanic's lien law and vendor's liens upon the premises; 3. On debts secured by mortgages on the premises executed and acknowledged by husband and wife, or by an unmarried claimant; 4. On debts secured by mortgage on the premises, executed and recorded before the declaration of homestead was filed for record : Civ. Code, sees. 1240, 1241. 747 Homestead. Forms 2071, 2U72 No. 2071. Declaration of Homestead by Husband. Be it knowu that I, , do hereby declare that I am the head of a family; that I am married, and the name of my wife is ; tliat my family consists of my said wife and children. That I am, at tlie time of making this declaration, actually residing on the premises hereinafter described, and that I claim said premises as a homestead. The premises so claimed by me are the real property situate in the county of , state of , and described as follows : . Together with the dwelling-house thereon and appurtenances. That I estimate the actual cash value of said premises to be dol- lars ($ ). In witness whereof I hereunto set my hand this day of , 19- [To be acknowledged.] [Signature.] NOTE.— See Cal. Civ. Code, sees. 1238, 1260, 1262. The declaration of homestead must contain: A statement showing that the person making it is the head of a family, and, if the claimant is mar- ried, the name of the spouse; or, when the declaration is made by the wife, showing that her husband has not made such declaration, and that she therefore makes the declaration for their joint benefit, a statement that the person making it is residing on the premises, and claims them as a home- stead; a description of the premises; and an estimate of their actual cash value: See Cal. Civ. Code, sec. 1263. In California, a homestead by any head of a family must not exceed five thousand dollars ($5,000) in value; and one by any other person must not exceed one thousand dollars ($1,000) in value. No. 2072. Declaration of Homestead by Wife. Know all men by these presents: That I do hereby declare that I am married. That my liusband's name is J. C. F., and that I do now, at the time of making this declaration, actually reside on the premises hereinafter described. That the said premises are bounded and de- scribed as follows, to wit : Lying and being in the county of Sacramento, state of California, and bounded and described as follows, to wit: [Description.] That I do by these presents claim the premises above described, together with the dwelling-house thereon, and the appurtenances, as a homestead. That I make this declaration for the joint benefit of myself and hus- band, and I declare and show by this instrument that my husband has not made a declaration of homestead. That the actual cash value of said premises I estimate to be five thousand dollars. In witness whereof, I have hereunto set my hand and seal this tliird day of June, one thousand nine hundi-ed and seventeen. [Signature.] Forms 2073-2075 Cowdery's Form Book. 748 No. 2073. Declaration of Homestead by Wife on Her Separate Prop- erty. Know all Men by These Presents: That I do hereby declare that I am married and the head of a family; that my husband's name is -, and that I do now, at the time of making this declaration, actually reside on the premises hereinafter described. That my family consists of a husband and three children. That the premises on which I reside are bounded and described as follows, to wit : Lying and being in the county of , state of , and bounded and . described as follows, to wit: [DescriiDtion.] That I do by these presents claim the premises above described, to- gether with the dwelling-house thereon, and the api^urtenanccs, as a homestead. That the actual cash value of said premises I estimate to be five thousand dollars. I declare that the land and premises above described are mj' separate property, and I consent to its becoming a homestead for myself and husband. [Signature.] No. 2074. Declaration of Homestead by Husband on Wife's Separate Property. Know All Men by These Presents: That I do hereby declare that I, J. C. F., am married and the head of a family; that my wife's name is , and that I do now, at the time of making this declaration, actually reside on the premises hereinafter described. That my family consists of a wife and three children. That the premises on which I reside are bounded and described as follows, to wit : Lying and being in the county of , state of , and bounded and described as follows, to wit: [Description.] That I do by these presents claim the premises above described, to- gether with the dwelling-house thereon, and the appurtenances, as a homestead. That the actual cash value of said premises I estimate to be five thousand dollars ; And I, M. J. F., declare that the premises are my separate property and I consent to the foregoing declaration of homestead by my husband, J. C. F. [Signature.] No. 2075. Declaration of Homestead by Unmarried Head of Family. Be it known that I, , do hereby declare that I am the head of a family, but that I am not married, and that my family consists of . That I am, at the time of making this declaration, actually residing, with my said family, on the premises hereinafter described, and that I claim said premises as a homestead. The premises so claimed by me are the real property situate in the county of , state of , and described as follows: . Together with the dwelling-house thereon and appurtenances. 749 Homestead. Forms 2076, 2077 That I estimate the actual cash value of said premises to be dol- lars ($ ). In witness whereof I hereunto set my hand this day of , 19 — . [Signature.] [To be acknowledged.] NOTE'.— See Cal. Civ. Code, sees. 1261, 1263. The family may consist of any of the following persons, residing on the premises with, and under the care and maintenance of, the claimant, viz.: a minor child, or minor grandchild of the claimant, or minor child of a deceased wife or husband; a minor brother or sister, or a minor child of a deceased brother or sister; a father, mother, grandfather, or grandmother; or such parent or grandparent of a deceased husband or wife; an unmarried sister, or any other of the above-named relatives who have attained the age of majority and are unable to support or take care of themselves: See Cal. Civ. Code, see. 1261, subds. 2-5. A person other than the head of a family must execute and acknowledge a declaration of homestead in the same manner as a grant of real property is acknowledged. It must contain everything required in the second, third and fourth subdivisions of section 1263, Civil Code. Acknowledgment must be made in the same manner and form necessary to the conveyance of land: Civ. Code, sees. 1266-1269; Clements v. Stanton, 47 Cal. 60; Bock v. Soward, 76 Cal. 527, 18 Pac. 650; Kennedy v. Gloster, 98 Cal. 143, 32 Pac. 941. No. 2076. Declaration of Homestead by Person not Head of Family. Be it known that I, , hereby declare that I am, at the time of making this declaration, actually residing on the premises hereinafter described, and claim them as a homestead. The premises so claimed by me are the real property situate in the county of , state of , and described as follows: . Together with the dwelling-house thereon and appurtenances. That I estimate the actual cash value of said premises to be dol- lars ($ ). In witness whereof I hereunto set ray hand this day of , 19—. [Signature.] [To be acknowledged.] NOTE.— See Cal. Civ. Code, sec. 1267. This declaration requires no statement as to the domestic status of the claimant, but need only contain a statement that the person making it is residing on the premises, and claims them as a homestead; a description of the premises; and an estimate of their actual cash value: See Cal. Civ. Code, sees. 1260, 1263, 1267. No. 2077. Abandonment of Homestead. Be it known that we, and , his wife, do hereby abandon all claim by us as a homestead to the premises hereinafter described, and we do hereby forever release and discharge said premises from any and all claim of homestead by us, and particularly from any claim under the declaration of homestead recorded in the office of the county recorder Forms 2078-2080 Cowdery's Form Book. 750 of the county of , state of , in volume of declarations of homestead, at page . Said premises are situate in the county of , state of , and are described as follows: . Together with all tenements and appurtenances thereto. In witness whereof we hereunto set our hands this day of , 19—. [To be acknowledged.] NOTE. — If the claimant is married, the abandonment must be executed by the husband and wife; if unmarried, by the claimant: See Cal. Civ. Code, sees. 1243, 1262. No. 2078. Order Assigning Homestead to the Innocent Party on Divorce. [Title of Court and Cause.] It appearing to the court that the said homestead was selected from the community property, and it also appearing that , plaintiff, is the innocent party to this action, it is decreed that said homestead be, and the same is, hereby assigned to during the remainder of her life, and upon her death to be subject to the future disposition of this court. NOTE. — This order, and the one in each of the three following forms, may be made in divorce decrees, according to the facts: Cal. Civ. Code, sec. 146. No. 2079. Order Assigning Homestead to the Innocent Party on Divorce. [Title of Court and Cause.] It appearing to the court that the said homestead was selected from the separate property of , defendant herein, it is decreed said home- stead be, and the same is, hereby assigned to said , the former owner; but it is hereby by this decree assigned to , plaintiff herein, for her own use and benefit for a limited period, to wit, during the remainder of her life. NOTE.— See Cal. Civ. Code, sec. 146. No. 2080. Order for Equal Division of Homestead on Divorce. [Title of Court and Cause.] It is hereby ordered tliat the homestead be assigned to , the plain- tiff, and , the defendant, in equal proportions, they to hold the same from and after the day upon which this decree becomes final, as tenants in common, the same as if they had never been husband and wife, but had acquired said homestead by purchase as tenants in common. NOTE. — See Cal. Civ. Code. sec. 147. 751 Homestead. Forms 2081-2083 No. 2081. Order for Sale of Homestead and Division of Proceeds on Divorce. [Title of Court and Cause.] It is further ordered that the homestead be sold, and the proceeds, after deducting the costs and expenses of the sale, to be divided equally between the parties to this action, and that said sale be made in the manner as may be hereinafter stipulated; but in case such a,2:reement cannot be had, such further order will be made respecting said sale as may seem necessary when the fact of disagreement is reported to the court. NOTE.— See Cal. Civ. Code, sec. 147. No. 2082. Application for Appraisers on Execution Against Homestead. [Title of Court and Cause.] To the Honorable the Court of the County of , State of : The petition of , the plaintiff in the above-entitled action, states that the facts upon which this petition is founded are as follows: Tliat in said action, on the day of , 19 — , i^laintiff recovered judgment against this defendant, , and , his wife, for the sum of dollars ($ ), upon an unsecured promissory note executed by said defendants to petitioners; that execution under said judgment has been levied by the sheriff of said county upon the premises and dwell- ing-house thereon, described as follows, to wit: . That prior to said entry of said judgment defendants, in form as is by law required, declared and caused to be recorded in the office of the recorder of said county a homestead upon said premises, and estimated the value thereof not to exceed dollars ($ ). That immediately after the levy of said execution said defendants notified said sheriff that said premises were their, defendants', home- stead, and said sheriff refused to proceed furtlier with said execution. Petitioner states, upon information and belief, that said premises are of the value of dollars ($ ), and he prays the court to appoint three disinterested persons, residents of said county, to appraise tlie value of said homestead ; and for such other relief as petitioner may be entitled to when said appraisement is made and reported to the court. [Signature.] NOTE.— See Cal. Civ. Code, sec. 1245. No. 2083. Notice of Time and Place of Hearing on Application for Appraisers of Homestead. [Title of Court and Cause.] To , and , His Wife. Please take notice that the petition of for an order to appoint appraisers to appraise the value of the premises described in the peti- tion served on you at the time this notice is served has been set for hear- Forms 2084-2086 Cowdery's Form Book. 752 ing before said court, at the courtroom thereof, in the said county, at o'clock A. M., on , , 19 — , Dated , 19—. , Clerk. By , Deputy Clerk. NOTE.— See Cal. Civ. Code, sec. 1248. No. 2084. Order Appointing Appraisers on Execution Against Home- stead. [Title of Court and Cause.] At the hearing of the above-entitled matter, and upon proof of the service of a copy of the petition filed herein praying for the appoint- ment of appraisers to appraise the property described in said petition, and also proof of the service of notice of the time and place of hearing said petition upon the claimants of the homestead described in it, in the manner prescribed by law, it is ordered that , , and , three disinterested residents of the county of , be, and they are, hereby appointed to appraise the value of said property, and report in writing to this court their appraisement. NOTE'.— See Cal. Civ. Code, sec. 1249. No. 2085. Oath of Appraisers on Execution Against Homestead. [Title of Court and Cause.] You and each of you do solemnly swear that you will faithfully per- form your duties as appraisers in appraising the value of the property described in the petition of in the above-entitled matter. So help you God. NOTE.— See Cal. Civ. Code, sec. 1250. No. 2086. Report of Appraisers Opposing Division of Land. [Title of Court and Cause.] To the Honorable, F. H. K., Judge of Said Superior Court: The undersigned, appraisers appointed by you in the above-entitled proceedings, to appraise the value of that land and improvements sit- uated in said city and county, bounded and described as follows, to wit [description], beg leave to report that immediately after our appoint- ment we each were sworn in manner and form as by law required, to faithfully perform their duties as said appraisers. That we viewed said premises immediately after being sworn and have appraised the value thereof. That we appraised the value of the land and the improve- ments thereon at $12,000 in gold coin of the United States. Vfe value the land without the improvements at $10,000, and the improvements while remaining on the land at $2,000, and report that the improvements are not sufficiently strong to be removed from the land, and their only 753 Homestead. Forms 2087, 2088 value to the land is for residence purposes, a Chinese washhouse, at a rental of about $25 a month. The lot above described, having only 30 feet frontage on a street by 125 feet in depth, cannot be divided without material injury to the value of the premises. Dated . [Signature.] NOTE.— See Cal. Civ. Code, sec. 1253. No. 2087. Report of Appraisers Favoring Division of Land. [Title of Court and Cause.] To the Honorable, , Judge of said Superior Court: The undersigned, appraisers appointed by you in the above-entitled proceedings, to appraise the value of that land and improvements situ- ated in said city and county, bounded and described as follows, to wit [description], beg leave to report that immediately after their appoint- ment they each were sworn in manner and form as by law required to faithfully perform their duties as said appraisers. That they viewed said premises immediately after being sworn and have appraised the value thereof. That we appraised the value of the land and the improve- ments thereon at $12,000 in gold coin of the United States. We value the land without the improvements at $10,000, and the improvements while remaining on the land at $2,000, and report that the improve- ments are not sufficiently strong to be removed from the land, and their only value to the land is for residence purposes, a Chinese washhouse, at a rental of about $25 a month. That the lot above described has a frontage of 160 feet on the west side of Maple street in said city and county by a depth of 100 feet on the north side of Jackson. The house above described fronts on Maple street 80 feet northerly of the northwest corner of Jackson and Maple street, with an unobstructed view of a large part of the San Francisco bay, Alcatraz, Belvedere and the camp, woods and buildings on the Presidio. We appraise the value of the land and improvements last above described at $5,000. We appraise the value of the land on the northeast corner of Maple and Jackson street, 80 feet on Maple by 100 feet on Jackson, at $7,000, all said values in gold coin of the United States ; and we report that the said land can be divided as above described Avithout material, or any, injury. Dated . [Signatures.] NOTE,— See Cal, Civ. Code, sec, 1253. No. 2088. Order Directing Homestead be Sold, and Surplus Above Five Thousand Dollars Applied on Execution. [Title of Court and Cause.] It appearing from the report of the appraisers herein that the land claimed as a homestead exceeds in value the sum of $5,000 homestead Form Book — 43 Forms 2089, 2090 Covvdeby's Form Book. 754 exemption, and that it cannot be divided, it is hereby ordered that the sheriff of the said city and county sell, under execution, in the manner directed by law the premises described in said report; that is to say: No bid must be received unless it exceeds $5,000. If the sale is made, $5,000 must be paid to J. C. F. and M. J. F., his wife, the homestead claimants, and the balance applied to the satisfaction of the execution. Dated . , Judge. NOTE.— See Cal. Civ. Code, sec. 1254. No. 2089. Order Directing Division of Homestead Land. [Title of Court and Cause.] On reading and filing the report and appraisement of J. S., R. D., and F. B., the appraisers appointed to appraise the value of that land situated in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] It is ordered that said appraisers set off to J. C. F. and M. J. F., as a homestead a tract of land with the improvements thereon, with the boundaries of the land above described commencing on the west line of Maple street, 80 feet from the northeast corner of Maple and Jack- son ; running northerly 80 feet, with a uniform depth of 100 feet, includ- ing the residence ; and that they make a map of the whole tract showing the part set off as a homestead as aforesaid and the part separated from the homestead, and report the same to this court. Dated . , Judge. NOTE'.— See Cal. Civ. Code, sec. 1253. No. 2090. Order Setting Apart Homestead and Permitting Execution Against Surplus. [Title of Court and Cause.] , , and , appraisers in the above-entitled matter, having, under the order of this court, set apart to and , his wife all that land described as follows, to wit: , as a homestead, it is ordered that the said premises, including the residence thereon, are hereby set apart to said and , his wife, as a homestead, and it is further ordered that the remainder of said land described in the petition of filed in this matter is subject to execution, and the said • may enforce its execution against said remainder described as follows, to wit : . NOTE'.— See Cal. Civ. Code, see. 1253. 755 Homestead. Forms 2091-2096 No. 2091. Order Tixing Compensation of Appraisers on Execution Against Homestead. [Title of Court and Cause.] It appearing to the court that , , and , appraisers in the above-entitled matter, have each been actually engaged daj's in performing their duties as appraisers, it is ordered that their compen- sation is fixed at dollars ($ ) each, making a total of dollars ($ ). NOTE.— See Cal. Civ. Code, sec. 1258. No. 2092. Application of Husband of Insane Wife to Sell Homestead. [Title of Court and Cause.] To the Honorable the Superior Court of the City and County of San Francisco, State of California: Your petitioner respectfully states: That his name is A. B., and his age sixty years. That he is married and his wife is fifty years of age, and her name is M. A. B. That since his marriage to her she became hopelessly insane and was, on the third day of June, 1917, in manner and form as is by law provided, declared to be an insane person, and was in manner and form as is by law required committed to the said state asylum for the insane situated at Napa, in said state, and she is now insane and is confined in said asylum in a ward set aside for incurable insane persons. That since said marriage one child, and no more, has been born to petitioner and his said wife, and it is six years and three months old. That his said wife has no male or other relative in said state. That since said marriage and prior to his wife's insanity, petitioner and his wife declared upon their common property a homestead upon all that land and their residence thereon situated, in the city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] The value of said homestead was stated in said petition to be and the same is of the value of $1,000. That petitioner has no money or other resources and it is necessary for him to sell said homestead in order to educate and support his said child. Wherefore, petitioner prays for an order empowering him to sell said homestead. Dated -. [Signature.] NOTE.— See Cal. Stats. 1874, p. 582. No. 2096. Petition for Decree Vesting Homestead in Surviving Wife. [Title of Court and Estate.] The petition of states that and petitioner were, on the day of , 19 — , husband and wife. Form 2106 Cowdery's Form Book. 756 That on the said day of , they owned, as community prop- erty, all that land described as follows, to wit: [Description.] That on said day of , petitioner and her said husband de- clared, executed and acknowledged, and recorded in the recorder's oflSce of the said county of , in manner and form as is by law required, a declaration of homestead upon said property hereinabove described, and the said homestead has never been conveyed, waived or abandoned by either your petitioner or her said husband. Tliat on the day of , 19 — , while said homestead was in existence, the said husband of petitioner died in said county of . That at the time of his death the said property stood of record, and now stands of record, in the name of the said . Wherefore petitioner prays for a decree establishing the fact that said premises were, on , 19—, the community property of petitioner and her said husband; that said homestead was selected and recorded as by law required, prior to the death of the said , on the ■ Clerk. , District Attorney NOTE.— Alaska, Comp. Laws 1913, sec. 2148; Arizona, Kev. Stats. (Pen. Code 1913), sec. 943; California, Pen. Code, sec. 951; Colorado, Mill's Ann. Stats. 1912, sec. 2077; Hawaii, Kev. Code 1915, sec. 3771 et seq.; Idaho, Rev. Codes 1907, sec. 7678; Kansas, Gen. Stats. 1915, sec. 8017; Montana, Rev. Codes 1907, sec. 9148; Nebraska, Rev. Code 1913, sec. 9050 et seq.; Nevada. Rev Laws 1912, s&c. 7051; New Mexico, Stats. Ann. 1915, sec, 3126- North Dakota, Comp. Laws 1913, sec. 10,683-10,707; Oklahoma, Harris & Day's Code 1910, sec. 5717 et seq.; Oregon, Lord's Oregon Laws, sec 1435 et seq.; South Dakota, Comp. Laws 1913, sec. 219 et seq.; Utah, Comp. Laws 1907, sec. 4731; Washington, Rem. Code, sec. 2056; Wyoming, Comp. Stats. 1910, sec. 6164 et seq. No. 2107. Information. [Title of Court and Cause.] is accused by the district attorney of the county of , state of , by this information, of the crime of , committed as fol- lows: The said , on the day of , 19—, at the county of , and prior to the filing of this information, did , contrary to the form, force, and effect of the statute in such case made and pro- vided, and against the peace and dignity of the people of the state of . , District Attorney. Names of witnesses examined before filing the foregoing information : , , , [etc.]. Presented by the district attorney in the court of the county of , state of , and filed as a record of said court this day of , 19—. [Seal] , Clerk. NOTE.— Alaska, Comp. Laws 1913, sees. 2379, 2443; Arizona. Rev. Stats. (Pen Code 1913), sec. 943; California, Pen. Code, sees. 809, 950, 951; Colorado Mill's Ann. Stats. 1912. sec. 2086; Hawaii, Rev. Code 1915, see. 3771 et seq.; Idaho, Rev. Codes 1907, sec. 8341; Kansas, Gen. Stats. 191o, sec 8017; Montana, Rev. Codes 1907, sec. 9148; Nebraska, Rev. Code 1913, sec 9062 et seq.; North Dakota, Comp. Laws 1913, sees. 10,683-10,707; Oklahoma, Harris & Day's Code 1910, sec. 5738 et seq.; Oregon, Lord's Forms 2108, 2109 Cowdery's Form Book. 758 Oregon Laws, s^ec. 1733 et seq.; South Dakota, Comp. Laws 1913, sec. 219 et seq.; Utah, Comp. Laws 1907, sec. 4731; Washington, Ecm. Code, sec. 2054 et seq.; Wyoming, Comp. Stats. 1910, sec. 6164 et eeq. No. 2108. Information for Bribery. [Caption and Commencement.] The said W. W. Markham, on the thirtieth day of September, A. D. 1882, at the county and state aforesaid, then and there being an execu- tive officer, namely, a police officer of the city of San Jose, county of Santa Clara, aforesaid, did ask, receive and agree to receive a bribe, to wit, fifteen standard dollars, lawful coin of the United States of America, upon an understanding and agreement that he would not arrest persons engaged in violating section 330 of the Penal Code of the state of California, nor would he arrest persons engaged in violating the gambling ordinance of the said city of San Jose, contrary to the form of the statute. [Conclusion and signature of district attorney.] NOTE.— Precedent in People v. Markham, 64 Cal. 157. 49 Am. Eep. 700 30 Pac. 620. ' *" » No. 2109. Indictment for Robbery. [Title of Court and Cause.] That the said John Nelson and John Sherwood, on the twenty-first day of March, 1880, at and in the county of Colusa, and state of Cali- fornia, in and upon one Ah Chung an assault did make, and thereby did place him, the said Ah Chung, in bodily fear and danger of his life, and did then and there feloniously and unlawfully take from the said Ah Chung seven dollars in gold and silver coin of the United States of America, of the value of seven dollars in United States gold coin of America, and more minutely and particularly described as follows: One five dollar gold piece of money of tlie value of five dollars in United States gold coin and silver coin, bearing the imprint upon one side an American eagle, and upon the other side of said coin a head of the Goddess of Liberty; the date of the coinage of said gold piece is unknown to your informer. Also four half dollar pieces in silver coin of the United States of America, each of said pieces of silver bearing the imprint upon one side an American eagle, and upon the other side the Goddess of Liberty; the date of coinage of said pieces is unknown to your informer. The said four pieces of silver are of the value of two dollars in gold and silver coin of the United States. All of which money was then and there in the possession of said Ah Chung, and was then and there the property, goods and chattels of the said Ah Chung. And the said John Nelson and the said John Sherwood did then and there take from the person and against the will of the said Ah Chung, the money aforesaid, unlawfully, willfully, violently and forcibly, and did then and there, unlawfully, willfully, feloniously and forcibly, steal, take and carry away, all of said pieces of money, contrarv to the 759 Indictment AND Information. Forms 2110-2112 form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of Cali- fornia. , District Attorney. NOTE. — Precedent in People v. Ntlson, 56 Cal. 78. No. 2110. Information for Murder and Shooting. In the Superior Court of the State of Washington for the County of Skagit. The State of Washington against Edwin Baldwin, Ozro Perkins and Ulysses Loop. Edwin Baldv/in, Ozro Perkins and Ulysses Loop are accused by George A. Joiner, as prosecuting attorney of Skagit county, state of Wash- ington, by this information, of the crime of murder in the first degree, committed as follows: the said Edwin Baldwin, Ozro Perkins and Ulysses Loop in the county of Skagit, state of Washington, on the ninth day of August, A. D. 1895, then and there being, did purposely and of their deliberate and premeditated malice, kill one Alonzo Wheeler by then and there purposely and of their deliberate and premeditated malice striking and beating him, the said Alonzo Wheeler with a heavy stick, to wit, a cane, kicking and stamping him with the heels of their boots and shoes, and shooting him with a certain gun, to wit, a revolver, loaded with powder and ball, thereby mortally wounding the said Alonzo Wheeler, of which mortal wounds he, the said Alonzo Wheeler, on the fifteenth day of August, A. D. 1895, died. George A. Joiner, Prosecuting Attorney. [Verification.] NOTE.— Precedent in State ▼. Baldwin, 15 Wosh. 16, 45 Pac. 660. No. 2112. Indictment for Murder With Instrument Unknown. [Title of Court and Cause.] The said Timothy Cronin is accused by the grand jury of the county of Marin, state of California, by this indictment of the crime of murder, committed as follows, to wit : The said Timothy Cronin, on the eighteenth day of July, A. D., eighteen hundred and sixty-six, and prior to the finding of this indictment, at the county of Marin, state of California, in and upon Julia Cronin, unlawfully, feloniously and of his malice aforethought did make an assault; and the said Timothy Cronin, with some means, instruments and weapons to the jurors unknown, the said Julia Cronin in and upon the body and the left side of the head of the said Julia Cronin, then and there feloniously, willfully and of his malice aforethought did strike and beat; the said Timothy Cronin Forms 2113, 2114 Cowdery's Form Book. 760 giving to said Julia Cronin then and there, and thereby, to wit, with the means, instruments and weapons aforesaid, in and upon the body and left side of the head of the said Julia Cronin, divers mortal bruises, of wliich said mortal bruises the said Julia Cronin then and there died, contrary to the form of the statute in such case made and pro- vided, and against the peace and dignity of the people of the state of California. , District Attorney. NOTE.— Precedent in People v. Cronin, 34 Cal. 191. No. 2113. Indictment for Forgery of Bill of Sale. [Title of Court and Cause.] M. Carey Harrold is accused by the grand jury of the county of San Diego, by this indictment, of the crime of forgery, committed as follows: The said M. Carey Harrold, on the first day of May, A. D. 1888, at the said county of San Diego, did, with intent to defraud one W. T. Cottier, falsely make, alter, forge and counterfeit a certain bill of sale and writing obligatory, said instrument being in the following words and figures, to wit: [Here was set out a copy of the bill of sale.] That thereafter, to wit, on the second day of August, 1888, said M. Carey Harrold, well knowing that the said instrument was false, altered, forged and counterfeited, and with the intent to defraud some person unknown to this grand jury, did, at the county and state afore- said, utter, publish and pass as true and genuine the instrument afore- said, by offering the said instrument for record, at the office of the county recorder of the county and state aforesaid, and then and there causing the same to be recorded as a record in said oflfiee, contrary to the form, force and effect of the statute in such case made and pro- vided, and against the peace and dignity of the people of the state of California. , District Attorney. NOTE.— Precedent in People ▼. Harrold, 84 Cal. 567, 24 Pac. 106. No. 2114. Indictment for Forgery of Instrument in Foreign Language. [Title of Court and Cause.] The above-named defendant, Ah Woo, alias Ma Yien Fang, is accused by the grand jury of said county of El Dorado by this indictment of the crime of forgery committed as follows : The said defendant. Ah Woo, alias Ma Yien Fang, on the day of February, A. D. 1864, rnd before the finding of this indictment, at the county of El Dorado and state of California, did feloniously, willfully and unlawfully, falsely utter and pass to one Ah You a certain false, forged and counterfeit order, as a true and genuine order of one Wang Ah Chung, for the payment of one hundred dollars, which aforesaid order then and there 761 Indictment AND Information. Forms 2115, 2116 was written in tlie Chinese language, and of tenor and effect follow- ing, when translated into the English language, to wit: "To Yet Wha's Store. "Sirs: Please pay to Ma Yien Fang the one hundred dollars which I deposited at yours sometime ago, because I am sick now and need money to employ a doctor to attend me. Be sure to pay it to him, dIg&sg "Wang Ah Chung." "February 28th, 1864." With the intent then and there to prejudice, damage and defraud the said Ah You, he, the said Ah Woo, alias Ma Yien Fang, then and there well knowing the said false, forged and counterfeit order to be false, forged and counterfeit, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. , District Attorney. 3. This indictment was held sufficient over the objection that it did not contain a copy in the Chinese language of the forged and counter- feit order; that the forged instrument was misnamed an "order," and that the intent was improperly charged. NOTE.— Precedent in People v. Ah Woo, 28 Cal. 205. No. 2115. Indictment for Conducting Tan Game. [Title of Court and Cause.] Ah Own is accused by the district attorney of the said city and county by this information of the crime of playing and conducting the game of tan as owner, committed as follows: The said Ah Own, on the day of February, A. D. 1888, at the city of Sacramento, in the said state of California, and before the filing of this information, did then and there willfully, unlawfully and feloniously play, carry on, open, cause to be opened and conduct as owner, for gain, a certain banking game known as and by the name of "tan," said game being then and there played with certain devices, to wit, buttons, cheeks and Chinese coin, and other money, and other representatives of value, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. Dated . Daniel Webster, District Attorney of the City and County of San Francisco. NOTE. — Precedent in People v. Ah Own, 85 Cal. 581, 24 Pac. 780. No. 2116. Indictment for Removing Body. [Title of Court and Cause.] Eugene Dalton is accused by the grand jury of the city and county of San Francisco, state of California, by this indictment of the crime Forms 2117, 2118 Cowdery's Form Book. 762 of violating sepulture, committed as follows : The said Eugene Dalton, on the eighth day of July, A. D. 1879, at the city and county of San Francisco, without authority of law, disinterred and removed from his place of sepulture, at Laurel Hill Cemetery, in said city and county of San Francisco, the dead body of the late Elias Lipsis, a human being, the said dead body not being the dead body of a relative or friend of the said Eugene Dalton removed for reinterment, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of California. , District Attorney. NOTE.— Precedent in People v. Dalton, 58 Cal. 226. No. 2117. Information for Compounding a Telony. [Title of Court and Cause.] William Bryon is accused by the district attorney of the said county of Merced, by this information, of the crime of compounding a felony, committed as follows : On or about the eleventh day of December, 1893, in the county of Merced aforesaid, one Maurice Hardy did commit the crime of grand larceny, a felony; that is to say, that at said tirne and place the said Maurice Hardy did willfully, unlawfully and feloniously steal and take from the person of E. 0. Mickle, the sum of forty dollars, lawful money of the United States, said money being the property of and belonging to the said E. 0. Mickle; that said William Bryon, at said time and place, and prior to the filing of this information, having knoAvledge of the commission of said crime bj' said Maurice Hardy, as aforesaid, did take and receive from the said Maurice Hardy the sum of twenty dollars, lawful money of the United States, upon the agree- ment and understanding, willfully, unlawfully and feloniously made and entered into with the said Maurice Hardy, that he, the said William Bryon, would compound and conceal the crime which had been com- mitted as aforesaid by said Hardy, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the peoj^le of the state of California. Dated the third day of January, 1894. District Attorney of said County of Merced. NOTE.— Precedent in People v. Bryon, 103 Cal. 676, 37 Pac. 754. No. 2118. Information for Conspiracy. [Title of Court and Cause.] John Richards is accused by the district attorney of the county of Santa Clara, state of California, by this information, of conspiracy, committed as follows: The said John Richards, on or about the ninth day of September, A. D. 1884, at the county and state aforesaid, did conspire with one 763 Indictment and Information. Forms 2119, 2120 David Davis, feloniously and by means of force and fear to take certain bank checks to and of the value of $15,000 from the person and imme- diate presence of one Henry Miller, the owner thereof, against tlie will of the said Henry Miller; and immediately theretofore, and for the purpose of said taking, to compel said Henry Miller, by means of force and fear, to draw, make, and sign said checks; and said defendant in pursuance of said conspiracy, and to effect the object thereof, did on or about the date last named, proceed from the town of Hollister, in the county of San Benito, state of California, to the city of Gilroj^ in the county of Santa Clara, in said state, and did arm and disguise him- self, and on the 13th of September, 1884, did set forth from said city of Gilroy along the road lending therefrom to the certain place in the county last aforesaid, known as Pacheco Pass, thereto lie in wait for said Henry Miller, and consummate the purj^ose of the said conspiracy, contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. J. H. Campbell, District Attorney. NOTE.— Precedent in People v. Richards, 67 Cal. 412, 56 Am. Rep. 716, 7 Pac. 828. No. 2119. Indictment for Assault With Intent to Kill — Oregon. [Title of Court and Cause.] Tony Lynch is accused by the grand jury of the county of Multnomah by this indictment of the crime of assault with intent to kill, committed as follows : The said Tony Lynch, on the twentieth day of October, 1890, in the county of Multnomah and state of Oregon, was armed with a dangerous weapon, namely, a pistol loaded with gunpowder and leaden balls, and being so armed with such dangerous weapon aforesaid, did then and there unlawfially and feloniously assault one James Brown with such dangerous weapon, by then and there shooting at him, the said James Brown, with said loaded pistol, with intent him, the said James Brown, then and there to kill and murder. Dated at Portland, in the county aforesaid, the twenty-first day of March, A. D. 1891. T. A. Stephens, District Attorney. NOTE.— Precedent in State v. Lynch, 20 Or. 389, 26 Pac. 219. No. 2120. Information for Assault With a Deadly Weapon. [Title of Court and Cause.] Harry Forney is accused by the district attorney by this information of the crime of an assault with a deadly weapon, committed as follows : The said Harry Forney on the eleventh day of September, A. D. 1888, Forms 2121, 2122 Cowdeby's Form Book. 764 at the said city and county of San Francisco, with a deadly weapon, namely, a knife, which he, the said Harry Forney, in his hand then and there had and held, upon the person of one John Coffey, there being, did willfully, unlawfully and feloniously commit an assault, contrary to the form, force and effect of the statute in such case made and pro- vided, and against the peace and dignity of the people of the state of California. John Graham, District Attorney. NOTE.— Precedent in People v. Forney, 81 Cal. 119, 22 Pac. 481. The intent to commit the assault and the present ability to do so are mat- ters of evidence, and need not be charged in the indictment or information: People V. Forney, 81 Cal. 119, 22 Pac. 481; People v. Savercool, 81 Cal. 650, 22 Pac. 856; People v. Turner, 65 Cal. 540, 4 Pac. 553. Compare the precedent in People v. Murat, 45 Cal. 281. No. 2121. Indictment for Carrying Concealed Weapon. [Title of Court and Cause.] Patsy Burns is accused by the grand jury of the county of Gallatin, state of Montana, by this indictment, of the crime of carrying concealed weapons, committed as follows : The said Patsy Burns, late of the county of Gallatin aforesaid, on the fifth day of February, A. D. 1885, at the county of Gallatin aforesaid, did unlawfully bear concealed upon the person of him, the said Patsy Burns, a deadly weapon, to wit, a certain revolver, within the limits of the town of Timberline, county of Gal- latin, aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the [state] of Mon- tana. , District Attorney. NOTE.— Precedent in Territory v. Burns, 6 Mont. 73, 9 Pae. 432. No. 2122. Indictment for Burglary. [Title of Court and Cause.] John W. Taggart is accused by the grand jury of the county of Sonoma, state of California, by this indictment found the third day of October, A. D. 1871, of the crime of burglary, committed as follows: The said John W. Taggart, on the thirteenth daj^ of July, A. D. 1871, at the county and state aforesaid, at about the hour of nine o'clock in the night-time of said day, with force and arms, the house and tenement of William Withrow, then and there situate, feloniously and burglar- iously did break and enter with an intent then and in said house and tenement to commit petit larceny — that is to say, with intent to steal, take and carry away one claw-hammer, worth one dollar, one spoke- shave, worth seventy- five cents ; one two-foot rule, worth fifty cents ; and one monkey-wrench, worth one dollar, of the goods and chattels of William Withrow and John Charlton, contrary to the form, force and 765 Indorsement — Inheritance Tax. Form 2130 effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. , District Attorney. NOTE.— Precedent in People v. Taggart, 43 Cal. 81. INDORSEMENT. Indorsement of Order of Arrest — Justice's Court, No. 442. Indorsement of Service of Warrant, No. 3851. Indorsement of Service on Warrant of Arrest, No. 468. Indorsement on Venire — Justice's Court, No. 3783. Indorsement on Warrant of Arrest for Service in Another County, No. 465. INFANCY. Infancy of Defendant — Answer, No. 326. Infancy of Plaintiff— Answer, No. 325. INHERITANCE TAX. 2130. Affidavit for transfer of securities, deposits, etc 2131. Report of inheritance tax appraiser. 2132. Certificate of inheritance tax appraiser. No. 2130. Affidavit for Transfer of Securities, Deposits, etc.— Non- resident Decedent. State of , County of , ss. -, being duly sworn, says: 1. That died —testate on or about , 19—, at , a resident of , state of . 2. That no administration of his estate has been commenced in the state of California (nor is about to be). 3. That the clear market value of decedent's property subject to the inheritance tax law of the state of California does not exceed $ , and consists of: (a) Personal property situate in California of the following kind and character and valued as follows: (1) Bonds or notes present in California, or owed by California debtors : (2) Shares of stock in California corporations: . (3) Deposits or other assets, or contents of safe deposit boxes stand- ing in the name of decedent, or in the name of decedent and one or more persons; (4) Other personal property: . (b) Real property situate in California [name county where situate and name of person in whose name title stands] : . Form 2131 Cowdery's Form Book. 766 4. That said property of decedent passed to the following persons, whose relationship to decedent and the approximate value of whose interests are as follows: Name. Address. Relationship. Value of Interest. 5. That affiant had a general knowledge of the financial and physical condition of decedent for a number of years prior to his death, and thereupon answers the following questions [if affiant is not well ac- quainted with the financial and physical condition of decedent, as above stated, name person best acquainted therewith and his address] : . Q. Did decedent make any transfer or transfers of any of his prop- erty without valuable and adequate consideration, in contemplation of his doatli, or intended to take effect in enjoyment at or after such death? [Give names of transferee and brief description of property] : . Q. Did decedent, during the latter part of his life, transfer the greater part or a large part of his property without valuable and adequate con- sideration, that is, as a gift or partly as a gift or to avoid probate? . , Residing at . Subscribed and sworn to before me this day of , 19 — . Notary public in and for the County of , State of t No. 2131. Report of Inheritance Tax Appraiser. [Title of Court and Cause.] To the Honorable, the Superior Court Above Named: I, , the duly appointed, qualified and acting inheritance tax ap- praiser in the county and proceedings above named, after due and re!:;ular hearing had and appraisement made, hereby report: That decedent above named died — testate on or about , 19 — , a resident of ■ — — , and left property taxable under the inheritance tax laws of the state of California in the above-entitled proceedings, the value of which property at decedent's death was as follows: Property reported to this court and particularly described in the in- ventory and appraisement heretofore filed herein and hereby re- ferred to and made a part hereof by reference thereto $ Deductions should be made therefrom as follows: Expenses of funeral and of last illness $ Debts of deceased (being allowed — claims) $ Taxes due at decedent 's death $ Executor's or administrator's commissions $ Fees of attorney for same $ ■ Expenses of administration, being clerk's, notary's, appraiser's fees, etc $ Other deductions $ — — 767 Injunction. Forms 2132-2138 Tlic clear market value of said property subject to said tax is there- fore $ . That said property passed upon the death of said deceased to the following named persons, whose relationship to decedent, the character and clear market value of whose respective interests and the inheritance or transfer tax due thereon, are as hereinafter shown: XT T> , X- u- X J J T- X- J X m Character and value Name. Relationship to deceased. Exemption and rates. Tax. of interest. Dated , , Inheritance Tax Appraiser. No. 2132. Certificate of Inheritance Tax Appraiser. In the Superior Court of the State of California, in and for the City and County of San Francisco. In the Matter of the Estate of , Deceased. It appearing to the undersigned inheritance tax appraiser in the above- entitled estate, upon examination of the of the above-entitled estate, and from other information before said appraiser, that there is no inheritance tax due to the state of California out of said estate, or a lien upon any property or interest therein, I, , the undersigned inlieritance tax appraiser in the above-entitled estate, do hereby certify to the above-entitled superior court that there is no inheritance tax due out of said estate or a lien upon any property or interest therein. Dated this day of , 19 — . , Inheritance Tax Appraiser. INJUNCTION. 2138. Complaint for an injunction. 2139. Complaint for injunction to restrain defendants from flowing water on plaintiff's land. 2140. Injunction. ' 2141. Writ of injunction. 2142. Bond on injunction. 2143. Permanent injunction to restrain interference with watercourse. 2144. Injunction from interfering with interstate commerce. 2145. Injunction to restrain disposition of property of partnership. 2146. Restraining order. No. 2138. Complaint for an Injunction. [Title of Court and Cause.] Plaintiffs complain and allege that on or about the first day of July, 1878, the said plaintiffs, and the said William F. Robinson and Matthew F. Funkin, were citizens of the United States, residing in the said county of Custer, state of Colorado; that on said day these plaintiffs, Form 2138 Cowdery's Form Book. 768 and the said defendants Robinson and Matthew F. Funkin, made and entered into a contract in and by which it was then and there mutually agreed by and between them, the said parties, plaintiff and defendant last named, that they would each and all engage in the business of prospecting for, and development of lode mining property in Hard- scrabble mining district, Colorado; that each and all of the said parties should give his time and attention to said business, and should furnish his work and labor for the purposes of said business; that each of them should furnish equal shares and proportions of all moneys, and materials, and labor necessary for the purposes of said business of discovery and development, and that each of the said parties should also furnish his proportionate share of the tools and implements necessary and proper for said Avork ; that any and all mining property discovered or developed by them, or by any one or more of them, should be held by them and each of them, and all of them, as tenants in common, and each having and holding an undivided one-fourth interest; that any mining prop- erty so struck, discovered or developed, in said district, when developed by them, or either of them, sufficiently to be recorded, should be re- corded in the names of all the said parties to said agreement, and for their mutual use and benefit as aforesaid ; and that all mining property discovered, developed, located or recorded by them, or either of them, in said district, should be the property in common of the said parties thereto, and should be held by them, as the sole and only owners thereof; that under and in pursuance of said agi-eement, the said parties thereto did, on and after the first day of July, 1878, enter upon the said business of prospecting for, and discovery and development of, mining property in the said Hardscrabble mining district, and that in pursuance of such business they did discover and develop, and caused to be surveyed and recorded in the records of Custer county, certain lode mining property hereinafter described; that the said plaintiffs also, in pursuance of said contract, gave their time and attention to the said business, and be- stowed thereon their work and labor, and also furnished their propor- tionate share of all money, materials, tools and provisions necessary for carrying on the said business, as well for the discovery and develop- ment as for the location and record of said property, and have from the said first day of July, 1878, up to the present time of filing this complaint, been at all times anxious and ready and willing to carry out and abide by such contract in all respects, and to discover and develop mining property, and cause the same to be located and re- corded for the joint use and benefit of all the parties to said contract; that in pursuance of such agreement, and in carrying on the said busi- ness, the said plaintiffs, and the said defendants Robinson and Matthew r. Funkin, did, on the first day of July, A. D. 1878, locate in said mining district a lode known and called the Victor ledge or lode; and on the second day of July they also located, and since caused to be recorded, a lode or ledge in said mining district, known and called the Calumet lode or ledge, which said locations were made in the name 769 Injunction. Form 2138 of all the said parties, and in pursuance of the agreement above set forth ; that on the sixteenth day of August, A. D. 1878, one of the said parties, to wit, John W. Lawrence, having made a discovery and com- menced to work therein, located two mining claims in said mining district, by setting up a stake with his name written thereon, which said claims are not yet located in form, but are still claimed by the said Lawrence; and that said claims were prospected for and found by him while he was at work under the said agreement; and that he holds the same for the sole use and benefit of all the said parties to said agree- ment, and that he is ready and willing, and always intended, to cause the same to be fully and completely located and recorded in the names of all the parties to the said agreement, and for their sole use and benefit, in accordance with the tenor and effect of said agreement; that on the nineteenth day of August, A. D. 1878, the said Edward A. Hil- burn discovered a lode in said Hardscrabble mining district, and erected thereon a discovery stake with the names of all the parties to said agi-eement thereon, and the name of the lode, to wit, the Spar lode or ledge, and the date of discovery thereon; that said lode, ledge, or deposit was prospected for, discovered, and staked under and in pur- suance of the said agreement above set forth, and for the use and benefit thereto, as shown by the certificate of location on record; that on the nineteenth day of August, A. D. 1878, the said William F. Rob- inson discovered a lode in said district, and erected thereon a discovery stake, with the names of the said parties to said agreement thereon. and the name of the lode, to wit, the Number Five lode; that on the twenty-first day of August, A. D. 1878, these plaintiffs also discovered another lode in said district, and erected thereon a discovery stake with the names of all the said parties to said agreement, and the name of the lode, to wit, tlie Whetstone lode, and the date of the discovery written thereon; that said lodes were prospected for, discovered and located, and recorded, under and in pursuance of the said agreement above set forth, and for the use and benefit of the said parties thereto, as shown by the certificate of location on record ; that on the thirtieth day of August, A. D. 1878, the said defendant, William F. Robinson, discovered a lode and erected a discovery stake thereon, which stake had the names of all the parties to said agreement, the name of the lode, to wit, the Iron Mine lode, and date of discovery written thereon, which said discovery and staking was also done for the use and benefit of the said parties to said agreement, and in pursuance thereof; that on the thirtieth day of August, A. D. 1878, the plaintiff, Edwin A. Hilburn, discovered a lode in said district, and erected a discovery stake thereon, with the names of the said parties to said agi-eement and the name of the lode thereon, to wit, the Number Nine lode, and the date of discovery written thereon; that afterwards, to wit, on the sixteenth day of October, A. D. 1878, the certificate of location of said lode was duly recorded in the names of the parties to said agreement Form Book — 49 Form 2138 Cowdeby's Form Book. 770 above mentioned, and in pursuance thereof, as shown by said certificate of location on record in the office of the county clerk and recorder for Custer county, Colorado; that while said agreement was in force, and on the second day of September, A. D. 1878, the said defendants, William F. Robinson and Matthew F. Funkin, discovered and located a certain lode, ledge, or deposit, in said mining district, called the Plata Verde lode, and caused a certificate of location thereof to be recorded in the office of the recorder of deeds of Custer county, on the eleventh day of September, A, D. 1878, which certificate is in the words and figures following, to wit [the certificate is set out in full as part of the complaint] ; that the gi-eater part of the ground now covered by the said Plata Verde lode had before that time been par- tially appropriated and designated as the property of the said Hilburn, Lawrence, Robinson and Matthew F. Funkin, by all the said last- mentioned parties who, on the eleventh day of July, 1878, discovered mineral therein, and thereupon erected a stake at the point where such discovery was made, with the following inscription tliereon [the in- scription is set out in the complaint] ; that such digging and staking was done for tlie use and benefit of the said parties on said stake named, by virtue of the agreement above mentioned, and the said stake was erected to give notice of the rights of the parties; and the said plain- tiffs had always intended to go on and complete the development of the said property, and procure the same to be properly recorded. But the said defendants herein afterward, to wit, on the second day of September, 1878, by changing the apparent direction of the said lode, or ledge, and by changing the discovery at another place, have located nearly the entire claim that was intended to be covered by the said Cliff lode, and are now claiming the same, and plaintiffs aver that the location of the Plata Verde is on the same lode, ledge, or deposit and principally on the same ground, covered by the said Cliff lode; that while said agi-eement was in force, and on the sixth day of September, ' 1878, said Robinson and Matthew F. Funkin discovered, developed, and located, in the names of all the parties to the said agi-eement, and for their use and benefit, a claim knoAvn and called the Mino Rico lode, ledge, or deposit, and caused the same to be recorded in the office of the recorder of deeds of said Custer county, which certificate of loca- tion was in the words and figiires following, to wit: These plaintiffs aver that the said Frank W. Funkin had not, at the time of the making the said record, any right to any share whatever in said claim, to the knowledge of these plaintiffs, and that if he has any right to ph.are in any part or portion of said Mino Rico lode, it exists only by virtue of some agreement made with the said defendants, or one of them, and not with either of these plaintiffs, nor was any contract made with their consent; and that the said apportionment of one-fifth to each of said parties named therein, as set forth in said certificate, is eiToneous, and was not made with the knowledge of plaintiffs or by their consent. 77] Injunction. Form 2138 These plaintiffs furtlier aver that all of the sairl above-mentioned lodes are all located upon the public lands of the mineral region belong- ing to the United States, and was at the time of location unoccupied; that ever since the recording of said Plata Verde lode, the said Robin- son and Matthew F. Fiinkin, as these plaintiffs are informed and be- lieve, have claimed and are now claiming that these plaintiffs are not entitled to any interest in, or any part or portion of, the said Plata Verde lode, and deny that the plaintiffs have any interest therein by virtue of said agreement, or by virtue of location of the said lode, or by virtue of the staking of said Cliff lode above mentioned; that on the twenty-second day of October, 1878, at said Custer county, thse plain- tiffs presented to said Robinson and Matthew F. Funkin deeds of quit- claim of the interest as it appears of record to an undivided two-fourths of said Plata Verde lode, which said deeds were from the said Robinson and Matthew F. Funkin to these plaintiffs, and requested the said par- ties last mentioned to sign the same; and that at the same time they also presented and offered to deliver to the said Robinson and Matthew F. Funkin deeds of quitclaim executed by these plaintiffs to the said Robinson and Matthew F. Funkin, of an undivided two-fourths of all lodes discovered, developed, located or recorded by them or by either of them, in said Hardscrabble mining district, since the first day of July, 1878; and that on the twenty-second day of October, 1878, these plaintiffs also demanded a deed, and presented to the said Robinson and Matthew F. Funkin, and Frank W. Funkin. These plaintiffs further allege that they are informed and believe that the said defendants are each claiming one-fifth interest in said Mino Rico lode, when in truth and fact they are entitled to but two- fourths of the lode ; and the said Frank W. Funkin has conspired with the said Robinson and Matthew F. Funkin to cheat and defraud these plaintiffs of one-tenth of said Mino Rico lode; that said Plata Verde and the said Mino Rico lodes are of great value for the silver mineral they contain ; that the said defendants Robinson and Matthew F. Funkin, are in possession of said lodes, and are taking out of the said Plata Verde lode large quantities of rich and valuable silver-bearing ore of great value; that they, the said defendants last named, not only deny plaintiffs' rights, title and interest to said lodes, but also to their interest in and to the ore mined therefrom, and are now threatening to sell said ore and the said Plata Verde lode, and that the plaintiffs believe they will sell the said lode, and ore, mined and taken from the same, unless prevented by an order of this court. The plaintiffs there- fore prny that they may have judgment herein against the said defend- ants; that the said lode mining property above described as discov- ered, developed, located, or recorded by the plaintiffs, and the said Robinson and Matthew F. Funkin, or either of them, in Hardscrabble mining district, Custer county, Colorado, since the first day of July, 1878, shall be adjudged to be the property of the said Hilburn. Robin- son, Lawrence and Matthew F. Funkin, as tenants in common, the Form 2139 Cowdery's Form Book. 772 same as though the said lode property had been located and recorded in the names of all the said last-mentioned parties, and in accordance v/ith the terms of the said contract; that the said Hilburn, Robinson, Lawrence and Matthew F. Funkin, be adjudged and decreed to make, execute and deliver each to tlie other such deed or deeds as may be necessary to convey to each other such undivided interest in any and all mining property developed and discovered, located or recorded, in said Hardscrabble mining district, by any one or more of them, and not located and recorded in the names of all as by virtue of said agree- ment they are entitled to hold; that the said defendants may also be decreed and adjudged to convey to the said plaintiffs herein a sufiS- cicnt interest in the said Mino Rico lode to make the interest of the said plaintiffs an undivided two-fourths, in accordance with their rights under said contract; that an accounting may be taken of the value of all ores taken out of said Plata Verde lode, or any other of said lodes above mentioned, and sold or converted to the use of the defendants, by said defendants, or either of them, and also an account of moneys paid out or expended by said parties to said agreement, since the first day of July, 1878, in and about the said business of prospecting for development and recording of lodes; and that the said parties may be decreed to pay each to the other such sums as shall be found due to the otlier, for or on account of moneys paid or for moneys received for sale of ore, or otherwise, mined or taken from any lode jiroperty found to be the property of the said parties; that the said defendants be enjoined from carrying away or disposing of any ore mined or taken out of said lodes above mentioned, or from selling, bonding, or in any- wise disposing of or encumbering more than two-fourths of said lodes, until the further order of this court; and that to secure this end a tem- porary injunction may issue therefor out of this court; that some proper person may be appointed by this court as a receiver, to take charge of any and all ores that may now be mined in said lode, or that has been taken out of said lodes above mentioned, with power to dispose of the same for the use and benefit of all the parties to said agreement above mentioned, and that the plaintiffs have judgment against said defend- ants for their costs expended herein, and such other and further relief as may herein be meet and proper. [Signature of attorney.] NOTE. — Precedent in Lawrence v. Eobinson, 4 Colo. 567. No. 2139. Complaint for Injunction to Restrain Defendants from Flow- ing Water on Plaintiff's Land. [Title of Court and Cause.] That he [plaintiff] is the owner and in the possession of a certain ranch or piece of gi'ound situate, lying and being in the county of El Dorado and state aforesaid, and bounded [describing it]. Plaintiff avers that he is a rancher and cultivator of the soil; that he has on his said ranch a valuable garden and orchard; that there is a 773 Injunction. Form 2139 dwelling-'honse ancl stable thereon, and was, a short time since, a good spring thereon, the water of which was used for drinking and culinary purposes; that he has also in said ranch a dam, used for the purpose of collecting water; that there is also upon said ranch a ditch connected with said dam, and which is supplied with water from said dam; that said dam and ditch are used by plaintiff to collect and supply water for in-igating the trees and vegetables on said ranch; that said garden, and vegetables and trees growing thereon, would be entirely useless and worthless without said water, and that said water could not be obtained or supplied without said dam and ditch. Plaintiff avers that he now has, and has had for some time past, a great man^y vegetables and trees growing in said garden. Plaintiff further avers that a short time since, and while plaintiff was the owner of said land as aforesaid, the defendant commenced mining operations upon the ravine and hillside above the land aforesaid, south of and about one hundred yards from said garden; that said mining is carried on by the process known as sluicing, and by means of using large quantities of water; that said defendants, by mining and using large quantities of water as aforesaid, have flooded plaintiff's premises afore- said, injuring and filling up the dam aforesaid, so that it is worthless, cutting and injuring the ditch aforesaid, cutting and injuring the garden aforesaid, so as to destroy the vegetables and injure and damage the trees thereon. And plaintiff further avers that said defendants, by their acts afore- said, have injured and destroyed said spring, and have rendered the same entirely worthless and useless to plaintiff. Plaintiff charges that the acts of defendants are unlawful, and if they are permitted to continue their acts aforesaid, great and irreparable in- jury will be done him. That they have already, by their acts aforesaid, done him injury and damage in the sum of one hundred and fifty dollars. Plaintiff further charges, according to his information and belief, tliat said defendants have no property or visible means from which an execu- tion could be satisfied in case of the redemption of a judgment against them in favor of plaintiff for the injuries done and threatened aforesaid. Wherefore, plaintiff sues and prays judgment for said sum of one hun- dred and fifty dollars damages, and costs of suit. And he further prays that a temporary injunction be issued against the defendants enjoining them from in any manner flowing water upon said land and premises, or any part thereof, and that upon final hearing said injunction be made perpetual. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Levaroni v. Miller, 34 Cal. 232, 91 Am. Dec. 692. Forms 2140, 2141 Cowdery's Form Book. 774 No. 2140. Injunction. [Title of Court and Cause.] The plaintiff in the above-entitled cause, having commenced an action in the superior court of the county of Plumas, state of California, against the above-named defendant, and having prayed for an injunc- tion against the said defendant, requiring him to refrain from certain acts in said complaint, and hereinafter more particularly mentioned, on reading the said complaint in said action, duly verified by the oath of said plaintiff, and it satisfactorily appearing to me therefrom that it is a proper case for an injunction, and that sufficient grounds exist there- for, and an undertaking having been given, approved and as required by me, in the sum of three thousand dollars, it is therefore ordered by me, the judge of said superior court, that until further order in the premises, you, the said R. R., and all your servants, counselors, attor- neys, solicitors and agents, and all others acting in aid or assistance of you, and each and every of you, do absolutely desist and refrain from [state the thing prohibited thus: "Entering upon the land and prem- ises, or any part thereof, described in the said complaint, and from cut- ting trees, lopping off branches, or otherwise mutilating said premises, and from using the same for the purposes of the encampment mentioned in the said complaint, and from digging holes in the ground on the said premises, and from committing any waste or nuisance whatever on said land and premises"]. Dated . , Judge. NOTE.— Alaska, Comp. Laws 1913, sees. 1215-1220; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1456-1460; California, Code Civ. Proc, sees. 525, 526; Colorado, Mill's Ann. Code, sees. 142-161; Hawaii, Rev. Code 1915, sec. 2472 et seq.; Idaho, Rev. Codes 1907, sees. 4287, 4288; Kansas, Gen. Stats. 1915, sec. 7144 et seq.; Montana, Rev. Codes 1907, sees. 6647-6653; Nebraska, Rev. Code 1913, sec. 7791 et seq.; Nevada, Rev. Laws 1912, sec. 5136 et seq.; North Dakota, Comp. Laws 1913, sees. 7528-7536; Oklahoma, Harris & Day's Code 1910, sees. 4866—1881; Oregon, Lord's Oregon Laws, sec. 416 et seq.; South Dakota, Comp. Laws 1913, sec. 4984 et seq.; Utah, Comp. Laws 1907, see. 3058 et seq.; Washington, Rem. Code, sees. 718-739; Wyoming, Comp. Stats. 1910, sec. 4897 et seq. No. 2141. Writ of Injunction. [Title of Court and Cause.] Tiie People of the State of California, to R. R., Send Greeting. The above-named plaintiff having filed his complaint in our superior court against the above-named defendant, praying for an injunction against said defendant, requiring him to refrain from certain acts in said complaint and hereinafter more particularly mentioned ; on reading the said complaint in this action, duly verified by said plaintiff, and it satisfactorily appearing to the judge of said court therefrom that it is a proper case for an injunction, and that sufficient grounds exist therefor, and the necessary and proper ixndertaking having been given; 775 Injunction. Forms 2142, 2113 We therefore, in consideration thereof, and of the particular matters in the said complaint set forth, do strictly command that you, the said R. R., each and eveiy of you, until the further order of said court, you and each of you, your, and each of your servants, counselors, attor- neys, solicitors, and agents, and all others acting in aid or assistance of you, or either of you, do absolutely desist and refrain from [stato matter as in order]. [Signature.] Witness the seal of said court [etc.]. No. 2142. Bond on Injunction. [Title of Court and Cause.] Whereas, the above-named plaintiff has commenced an action, and issued summons therein, in the superior court of the county of Lassen, state of California, against the above-named defendant, and is about to apply for an injunction, in said action, against the said defendant, enjoining and restraining him from the commission of certain acts, as in the complaint filed in the said action is more particularly set forth and described. Now, therefore, we, the undersigned, residents of the county of Lassen, state of California, in consideration of the premises, and of the issuing of said injunction, do jointly and severally undertake in the sum of three thousand (3,000) dollars, and promise to the effect, that in case said injunction shall issue, the said plaintiff will pay to the said party en- joined, such damages, not exceeding the sum of three thousand (3,000) dollars, as such party may sustain by reason of the said injunction, if the said superior court finally decide that the said plaintiff was not entitled thereto. [Signatures.] [Justification.] NOTE. — In California, on granting an injunction, except when the people of the state, a county, or municipal corporation, or a married woman in a suit against her husband, is a party plaintiff, a written undertaking on the part of the plaintiff is required, that the plaintiff will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decide that the plaintiff was not entitled thereto: California, Code Civ. Proc, sec. 529. No. 2143. Permanent Injunction to Restrain Interference With Water- course. [Title of Cause.] This cause having been regularly called and tried by the court, and the findings oi fact and conclusions of law, and the decision thereon in writing, having been rendered, wherein judgment was ordered in favor of plaintiffs, and against defendant and for costs, on motion of attorney for plaintiffs, it is ordered, adjudged and decreed that plaintiffs have judgment as prayed for in this complaint; that defendant, his servants, Form 2144 Cowdery's Form Book. 776 agents and employees, be perpetually enjoined and restrained from diverting or using any water from the regular channel of Red creek, Iron county, Utah, except as ordered by the said company plaintiff, or from diverting the said waters from running by the dwellings of the other plaintiffs, or the ditclics running by said dwellings except by order of the plaintiff corporation, but that the same may be allowed to floAv as heretofore prior to the diversion complained of, under the control of said corporation. Tliat defendant be required to remove from the ditches running to the Paragoonah Field, and by the dwellings of the other plaintiffs herein, all dams and constructions preventing the water from flowing at all times as heretofore by said dwellings and down to said field, and as ordered by said company, or the directors thereof, and restrained from placing in said ditches any obstructions preventing the water from flowing as heretofore, and at the time of the organiza- tion of the said company, and not into new lands not included in said field, and that plaintiffs have judgment for their costs taxes at dollars. NOTE. — Objection having been made to form of this writ, the court said: "We cannot see why it is not in every substantial quality a good and valid writ": Paragoonah Field & Canal Co. v, Edwards, 9 Utah, 479, 35 Pac. 487. No. 2144. Injunction from Interfering With Interstate Commerce. [Title of Court and Cause.] Upon reading the verified bill of complaint in this cause, and hearing Thomas E. Milchrist, district attorney for the United States, thereon, it is ordered, adjudged and decreed that [here many individual defendants were named] and all persons combining and conspiring with them and all other persons whomsoever, be enjoined absolutely to desist and refrain from in any way or manner interfering with, hindering, obstructing or stopping any of the business of any of the following named railroads [specifically naming the various roads named in the bill], as commNU carriers of passengers and freight between or among any states of the United States, and from in any way or manner interfering with, hinder- ing, obstructing or stopping any mail trains or other trains, whether freight or passenger, engaged in interstate commerce or carrjdng pas- sengers or freight between or among the states ; and from in any manner interfering with, hindering or stopping any engines, cars or rolling stock of any of said companies engaged in interstate commerce, or in connection with the carriage of passengers or freight between or among the states; and from in any manner interfering with, injuring or destroying any of the property of any of the said railroads engaged in or for the pur- pose of, or in connection with, interstate commerce or the carriage of the mails of the United States or the transportation of passengers or freight between or among the states; and from entering upon the grounds or premises of any of said railroads for the purpose of inter- fering with, hindering, obstructing or stopping any of said mail trains, 777 Injunction. Form 2144 passenger or freight trains engaged in interstate commerce, or in the transportation of passengers or freight between or among the states, or for the purpose of interfering with, injuring or destroying any of said property so engaged in or used in connection with interstate commerce or the transportation of passengers or propertj'^ between or among the states ; and from injuring or destroying any part of the tracks, roadbed or road, or permanent structures of said railroads; and from injuring, destroying or in any way interfering with any of the signals or switches of any of said railroads and from displacing or extinguishing any of the signals of any of said railroads, and from spiking, locking or in any manner fastening any of the switches of any of said railroads, and from uncoupling or in any way hampering or obstructing the control by any of said railroads engaged in interstate commerce or in the transporta- tion of passengers or freiglit between or among the states, or engaged in carrying any of the mails of the United States; and from compelling or inducing or attempting to compel or induce, by threats, intimidation, persuasion, force or violence, any of the employees of any of said rail- roads to refuse or fail to perform any of their duties as employees of any of said railroads in connection with the interstate business or com- merce of such railroads or the carriage of the United States mail by such railroads, or the transportation of passengers or property between or among the states ; and from compelling or inducing or attempting to compel or induce by threats, intimidation, force or violence any of the employees of any of said railroads who are employed by such railroads and engaged in its service in the conduct of interstate business, or in the operation of any of its trains carrying the mail of tlie United States, or doing interstate business, or the transportation of passengers and freight between and among the states, to leave the service of such rail- roads; and from preventing any person whatever, by threats, intimida- tion, force or violence from entering the service of any of said railroads and doing the work thereof in the carrying of the mails of the United States, or the transportation of passengers and freight between or among the states; and from doing any act whatever in furtherance of any con- spiracy or combination to restrain either of said railroad companies or receivers in the free and unhindered control and handling of interstate commerce over the lines of said railroads, and of transportation of per- sons and freight between and among the states; and from ordering, directing, aiding, assisting or abetting in any manner whatever any per- son or persons to commit any or either of the acts aforesaid. And it is further ordered that the aforesaid injunction and writ of injunction shall be in force and binding upon such of said defendants as are named in said bill from and after the service upon them severally of said writ by delivering to them severally a copy of said writ or by reading the same to them and the service upon them respectively of the writ of subpoena herein, and shall be binding upon said defendants, whose names are alleged to be unknown, from and after the service of such writ upon them respectivelj' by the reading of the same to them or by Forms 2145, 2146 Cowdery's Form Book. 778 the publication thereof by posting or printing, and after service of sub- poena upon any of said defendants named herein shall be binding upon said defendants and upon all other persons whatsoever who are not named herein from and after the time when they shall severally have knowledge of the entry of such order and the existence of said injunction. NOTE.— Precedent in In re Debs, 158 U. S. 570, 39 L. Ed. 1092, 15 Sup. Ct. Eep. 900. No. 2145. Injunction to Restrain Disposition of Property of Partner- ship. State of California, County of Sierra, — ss. The People of the State of California to H. B. Summers, B. C. Stephens and Hazeltine, Greeting: Whereas, an order has been made by the Honorable Niles Searles, District Judge of the fourteenth judicial district court, in and for Sierra county, and state of California, enjoining and restraining you and each of you, as well as your servants, employees, and all other persons, act- ing by, through, or under you, from taking or exercising any control, management or possession of any of the goods, wares, merchandise, books of account, moneys, credits or other property or effects whatever, of the said partnership of Summers & Co., from collecting any and all debts, dues, and demands, owing to said partnership, by any person or persons whomsoever, or in any other manner whatever, with said part- nership projDerty and business : Now, therefore, the plaintiffs having filed their bond as required, you and each of you, as well as your agents, and all other persons, are hereby commanded to obey this writ, under the pains and penalties of the law. Given under my hand and the seal of the district court of Sierra county, California, this twenty-first day of August, A. D. 1856, [Seal] Alfred Helm, Clerk D. C. No. 2146. Restraining Order. On the reading and filing of the verified complaint in the above-entitled action, it is hereby ordered that the defendants, and each of them, appear before this court in Department thereof on the day of March, 1909, to show cause, if any they have, why they, and each of them, should not be enjoined and restrained from selling, transferring or instituting any action on any of the several contracts mentioned in said complaint ; and why the prayer of said complaint should not be granted. And pending this hearing you, and each of you, said defendants, are hereby restrained and enjoined from selling, assigning, transferring or otherwise disposing of the contracts mentioned in plaintiffs' complaint, and from instituting or prosecuting any action, or actions, thereon until the further order of the court. 779 Innkeepers — Inquisition. Form 2150 It is further ordered that a copy of the coiiiplaint and of this order be served on the defendants. Dated this day of , 19^, I Judge. INNKEEPERS. 2150. Notice — Regulations for Innkeepers. No. 2150. Notice — Regulations for Innkeepers. [Name of hotel.] [Here give the sections of the code or statute relative to innkeepers.] Money, jewelry or valuables should, in all cases, be deposited in the safe in the office. Occupants of this room are requested to bolt their doors on retiring; also, to lock them on going out, and leave the key at the office. Meals, lunches, fruits, etc., taken or sent to rooms will be charged for. Children occupying seats at the public table will be charged full price. Guests having friends dine will please give note at the office, that seats may be provided. No gas stoves, or gas-heating apparatus allowed in the rooms. Every gas-burner found at full blaze when guests are absent from their rooms will be charged for at cents per hour. In no case will guests be allowed to furnish their own fuel. Any damage to furniture, rooms, etc., except by ordinary wear and tear, will be charged for. Any inattention on the part of employees will be promptly corrected, and the thanks of the proprietor given to guests furnishing the informa- tion. All bills payable in United States gold coin, or its equivalent. [Here give terms per day, the price of each meal, and hours for meals.] , Proprietor, Houses NOTE.— See Cal. Civ. Code, sees. 1859-1863. INQUISITION. Inquisition by Coroner 'b Jury, No. 127 7* Forms 2156, 2157 Co wdery 's Form Book. 780 INSPECTION OF PAPERS. 2156. Request for inspection — Justice's Court. 2157. Order for inspection. No. 2156. Request for Inspection — Justice's Court. [Title of Court and Cause.] To A. B. C, Justice [etc.] : The plaintiff [or defendant] demands an inspection and copy of the account [or instrument] set up in the answer herein as a counterclaim [or described in the complaint as the foundation of plaintiff's cause of action]. [Signature.] NOTE.— California, Code Civ. Proc, sec. 898. No. 2157. Order for Inspection. [Title of Court and Cause.] It is ordered that you, A. L. [defendant or plaintiff] forthwith [or at a time stated] exhibit the original account set up in your answer to the plaintiff, and furnish him with a copy of the same. [Signature.] NOTE. — See Alaska, Comp. Laws 1913, gee. 1322; Arizona, Rev. Stats. (Civ. Code 1913), sec. 1759; California, Code Civ. Proc, sec. 1000; Colorado, Mill's Ann. Code, sec. 355; Hawaii, Eev. Code 1915, sees. 2590-2592; Idaho, Eev. Codes 1907, sec. 4202; Montana, Eev. Codes 1907, sec. 713S; Nevada, Eev. Laws 1912, sec. 5769; New Mexico, Stats. Ann. 1915, sec. 4215; North Dakota, Comp. Laws 1913, sec. 7861; Oklahoma, Harris & Day's Code 1910, sees. 5095, 509G; Oregon, Lord's Oregon Laws, sees. 533, 866; South Dakota, Comp. Laws 1913, sees. 5250, 5251, 6100; Utah, Comp. Laws 1907, sees. 2984, 2985, 2988, 3401, 3474, 3781; Washington, Rem. Code, sec. 1262; Wyoming, Comp. Stats. 1910, sec. 4587 et seij. INSTRUCTIONS. Instructions by Judgment Debtor to OflScer — Justice's Court, No. 1682. Instructions to Commissioners, No. 1549. Instructions to Officer, No. 585. Instructions to Officer to Garnish — Justice's Court, No. 1663, Instructions to SheriflE to Release, No. 621. 781 Insuranx'b. Form 2169 INSURANCE. kJl69. Complaint on endowment policy. 2170. Complaint on fire insurance policy. 2172. Complaint on life insurance policy. 2173. Complaint on life insurance policy by wife, partner or creditor. 2174. Complaint on insurance policy for cargo lost by fire. 2175. Complaint on fire insurance policy by transferee of property. No. 2169. Complaint on Endowment Policy. [Title of Court and Cause.] The plaintiff in the above-entitled action complains of the defendant therein, and for cause of action alleges: 1. That said defendant is a voluntary and unincorporated association of a very large number of persons, and has for its object the payment of endowments in the sum of $500 at certain periods, computed accord- ing to the age of the member, until the aggregate payments to each mem- ber amount to the sum of $5,000. That said sums of $500 are paid to the members out of a fund created for that special purpose, and held by defendant in trust for the purpose of said payment. That said fund is designated the "endowment fund," and is composed of the proceeds from assessments levied upon the mem- bers to meet the payment of said endowment of $500 as the same be- comes due, and is also composed of fines levied for nonpayment of said assessments and the accumulation of interests derived from investments of said assessments when collected. That said assessments and fines are levied by said defendant upon its members. That at all the times hereinafter mentioned, the persons composing the said association transacted the business thereof at said city and county of San Francisco, under the common name of "Pacific Endow- ment League" and made and executed all business concerning the same, in, under and by said name. That heretofore, to wit, during the year 1888, and prior to August of that year, this plaintiff was admitted to membership in said defendant association, and did join the same and thereby became a member thereof in good standing, and has continuously ever since been a member of said defendant association, in good standing therein. 2. That heretofore, on the sixth day of August, 1888, the said defend- ant association made, executed and delivered to plaintiff a certain writ- ten instrument, of which the following is a true copy, viz. : [Here was inserted a copy of the instrument.] That plaintiff was a member of said defendant association in good standing on the thirteenth day of January, 1891, and on that date pre- sented said coupon to the secretary of said association, the said J. Alfred Leuders, and demanded payment thereof, and said association then and there refused to make payment of said sum of $500 provided for in said Forms 2170-2172 Cowdery's Form Book. 782 coupon. That said demand was made by plaintiff on said thirteenth day of January, 1891, upon said defendant association, at said city and county of San Francisco. That at the time of said presentation and of said demand, there were ample funds and money in said "endowment fund" to fully pay said sum of $500 provided for in tlie said coupon. That no part of said sum of $500 provided for in said coupon has been paid. Wherefore, plaintiff prays judgment against the said defendant asso- ciation for the sum of $500, with interest and costs of suit, and that by said judgment the defendant association be directed to pay the same out of the said "endowment fund," and for such other, further or dif- ferent relief as may be just. , Attorney for Plaintiff. [Verification.] NOTE. — Precedent in Hogan ▼. Pacific Endowment League, 99 Cal, 250, 33 Pac. 924. No. 2170. Complaint on Fire Insurance Policy. [Title of Court and Cause.] The plaintiff complains, and alleges: That the defendants are a corporation duly created by and under the laws of this state [or the state of, etc.], organized pursuant to an act of the legislature of said state, entitled [title of the act], passed [date of passage], and the acts amending the same. 2. That the plaintiff was the owner of, [or, had an interest in] a dwelling-house, known as No. 200 M. street, in the city of P., at the time of its insurance and destraction [or, injury] by fire as hereinafter mentioned. 3. That on the twenty-second day of October, 1917, at P., in con- sideration of the payment by the plaintiff to the defendants of the premium of $20, the defendants, by their agents duly authorized thereto, made their policy of insurance in writing, a copy of which is annexed hereto, and made part of this complaint. 4. That on the twenty-ninth day of November, 1917, said dwelling- house and furniture were totally destroyed [or, greatly damaged, and in part destroyed] by fire. 5. That the plaintiff's loss thereby was $2,000. 6. That on the third day of December, 1917, he furnished the defend- ant with proof of his said loss and interest, and otherwise performed all the conditions of said policy on his part. 7. That defendant has not paid the said loss, nor any part thereof. [Annexed a copy of policy.] No. 2172. Complaint on Life Insurance Policy. [Title of Court and Cause.] Tlie plaintiff complains, and alleges: 1. [Allege incorporation.] 783 Insurance. Form 2173 2. That on the twenty-seventh day of April, 1912, at M., the de- fondaiii, in consideration of the [annual, semi-annual, or otherwise] payment by one A. B., to it of $1,000, made their policy of insurance, in writing', of v.hich a copy is hereto annexed, marked "Exhibit A," and made part of this complaint, and thereby insured the life of said A. B. in the sum of $20,000. 3. That on the thirtieth day of June, 1916, at ?,!., the said A. B. died. 4. That on the twenty-eighth day of June, 1910, at M., said A. B. left a will, by which the plaintiff was appointed the sole executor thereof [or, this plaintiff and C. D. were appointed executors thereof] . 5. That on the third day of July, 1916, said will was duly approved and admitted to probate in the superior [or other] court of the county of M., and letters testamentary thereupon were thereafter issued and gi-anted to the plaintiff, as sole executor [or otherwise] by the superior [or other] court of said county; and this plaintiff thereupon duly quali- fied as such executor, and entered upon the discharge of tlie duties of his said office. 6. That on the fifth day of July, 1916, the plaintiff furnished the defendant with proof of the death of the said A. B., and the said A. B. and the plaintiff each duly performed all the conditions of said insur- ance on their part. 7. That the defendant has not paid the same, and the said sum is now due thereon from the defendants to the plaintiff, as such executor. Wherefore [etc.]. [Signature.] No. 2173. Complaint on Life Insurance Policy by Wife, Partner or Creditor. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the fifth day of September, 1906, at R., the defendant, in consideration of the [annual or otherwise] payment to it of $800, executed to the plaintiff a policy of insurance on the life of her hus- band, A. B., of which a copy is hereto annexed, and made a part of this complaint, and marked "Exhibit A." 2. That the plaintiff had a valuable interest in the life of the said A. B., at the time of his death, and at the time of effecting the said insurance [state nature of interest]. 3. That on the twenty-first day of October, 1916, at R., the said A B. died. 4. That on the twenty-third day of October, 1916, the plaintiff fur- nished the defendant with proof of the death of the said A. B., and otherwise performed all the conditions of the said policy on her part. 5. That the defendant has not paid the said sum, nor any part thereof. Wherefore [etc.]. [Signature.] [Annexed a copy of policy, marked "Exhibit A."] Forms 2174, 2175 Cowdery's Form Book. 784 No. 2174. Complaint on Insurance Policy for Cargo Lost By Fire. [Title of Court and Cause.] The plaintiff complains and alleges: 1. [Allege incorporation.] 2. That plaintiff was the owner of [or, had an interest in] two hun- dred barrels of flour, shipped on board the vessel called the A. D., from M. to N., at the time of the insurance and loss hereinafter mentioned. 3. That on the fourth day of January, 1917, at M., the defendant, in consideration of $25, which the plaintiff then paid, executed to him a policy of insurance upon the said goods, a copy of which is hereto annexed, marked "Exhibit A," and made part of this complaint [or, whereby it promises to pay to the plaintiff $2,000 in case of the total loss, by fire or other causes mentioned, of the said goods, before their landing at N., or in a case of partial damage, such loss as the plaintiff might sustain thereby, provided the same should not exceed fifty per centum of the whole value of the goods]. 4. Tliat on the twenty-fourth day of IMarch, 1917, at C, while pro- ceeding on the voyage mentioned in the said policy, the said goods were totally destroyed by fire. 5. That the plaintiff's loss thereby was $2,000. 6. That on the first day of April, 1917, he furnished the defendant with proof of his loss and interest, and otherwise performed all the con- ditions of the said policy on his part. 7. That the defendant has not paid the said loss, nor any part thereof. Wherefore plaintiff prays [etc.]. [Signatui'e.] [Annex copy of policy, marked "Exhibit A."] No. 2175. Complaint on Fire Insurance Policy by Transferee of Prop- erty. [Title of Court and Cause.] Plaintiff alleges: 1. That the defendant is, and at all times herein mentioned was, a corporation duly organized under the laws of the state of . 2. That at all the times herein mentioned one was the owner of a certain dwelling-house known as No. 200 M. street, in the city of P. 3. That on the twenty-second day of October, 1916, the defendant, in consideration of the payment of a premium of $20 by said , made, executed and delivered to said , a polic}^ of insurance in writing, a copy of which is hereto annexed and made a part of this complaint. 4. That on the fifth day of September, 1917, the said duly as- signed, sold and conveyed to plaintiff his interest in the insured prop- erty, and in said policy of insurance, and the defendant consented thereto ; that on the twenty-ninth day of November, 1917, said dwelling- 785 Interlocutory Decree — Intervention. Form 2185 house was totally destroyed [or greatly damaged and in part destroyed] by fire. 5. That plaintiff's loss thereby was $2,000. 6. That on the day of , 1917, plaintiff furnished defendant with proof of said loss and interest, and otherwise performed all the conditions of said policy on his part; that said defendant has not paid said loss, or any part thereof, INTERLOCUTORY DECREE. Interlocutory Decree of Divorce, No. 1584. INTERROGATORIES. Interrogatories as to Special Issues Submitted, No, 3810. Garnishment — Interrogatories, Answer and Oath, No. 614. INTERVENTION. 2185. Complaint In Intervention. 2186. Order allowing intervention. No. 2185. Complaint in Intervention. [Title of Court and Cause.] Come now A. B. and C. D., and file this their complaint in interven- tion in the above-entitled matter, leave of court being first had and obtained, and allege: I. That interveners are parties in interest in the above-entitled action. II. That heretofore a writ of attachment was issued in the above- entitled action and placed in the hands of the sheriff of the county of Sacramento, state of California, commanding him to attach and safely keep all of the property of said defendant, within his county not exempt from execution, or so much thereof as might be sufficient to satisfy the plaintiff's demand in the sum of twenty-five hundred dollars ($2500), unless the defendant gave him security by the undertaking of two suffi- cient sureties, in an amount sufficient to satisfy said demand, besides costs, in which case to take such undertaking. III. That said sheriff being about to levy upon the property of de- fendant, these interveners, at the request of defendant, and in order to prevent said attachment, made, executed and delivered to the said sheriff an undertaking, a copy of which is hereunto annexed, marked Exhibit "A" and made a part hereof. IV. That said sheriff took said undertaking and said attachment was thereby prevented. V. That there was no consideration for the promissory note sued upon herein, but that the same was made, executed and delivered with- Form Book — 50 Form 2186 Cowdery's Form Book. 786 out any consideration whatsoever, as interveners are informed and believe and therefore allege. VI. That your interveners are informed and believe that the de- fendant is insolvent, and that it is the intention of the defendant to offer no defense to said action, thereby x^ermitting the judgment to go against him and rendering interveners liable for the amount of said judgment upon the bond aforesaid. VII. Interveners are further informed and believe, and therefore allege, that said plaintiff and defendant are acting in collusion for the purpose aforesaid, and in fraud of the rights of interveners. ^ Wherefore, interveners pray that plaintiff take nothing by this ac- tion, and that judgment be entered therein in favor of defendant. , Attorneys for said Interveners. [Verification.] [Copy of bond attached.] No. 2186. Order Allowing Intervention. [Title of Court and Cause.] The complaint of P. K. N. having been presented to me, and leave asked to file the same, as his complaint of intervention herein, and it appearing that good cause exists therefor, it is ordered that leave be granted to file the same, and that said P. K. N. be permitted to intervene in said action. Dated . , Judge. NOTE.— California, Code Civ. Proc, sec. 387; Alaska, Comp. Laws 1913, sec. 873; Arizona, Rev. Stats. 1913, pars. 486, 489; Idalio, Eev. Codes 1907, sees. 4111, 4114, 4115; Montana, Eev. Codes, sec. 6496: Washington. Eem. Codes, sec. 202. INVENTORY AND APPRAISEMENT. 2196. Inventory — Appraisement. 2197. Aifidavit of administrator to inventory and appraisement 2198. Affidavit of appraisers to inventory and appraisement. 2199. Inventory and appraisement — Bill of appr?.isers. 2200. Affidavit of appraisers to their bill for services. 2201. Inventory and appraisement — Money only. 2202. Order for reappraisement of real estate after sale. 2203. Inventory and appraisement of property discovered after first In- ventory. 2204. Supplemental inventory and appraisement. CROSS-REFERENCES. Inventory to be Attached to or Written on Back of Search-warrant, and Affidavit, No. 3334. Inventory to be Made by Assignor for Benefit of Creditors, No. 545. 787 Inventory and Appraiseaient. Form 2196 No. 2196. Inventoiy — Appraisement. [Title of Court and Estate.] TLe following is a true inventory and appraisement of all the estate of T. J., deceased, which has come into the possession of the under- signed administratrix : Moneys belonging to the said deceased, which have come into the liands of the administratrix $50 00 Real Estate. A certain lot, piece, or parcel of land, situate, lying, and being in the city and county of San Francisco, state of Cali- fornia, and bounded and particularly described as follows, to wit : [Description.] Personal Estate. Household Furniture ; 1 parlor stove, appraised at the sum, etc 20 00 1 gold watch and chain, appraised at the sum of 100 00 ?5 shares of the Zenith Gold and Silver Mining Company, appraised at $100 per share 2,500 00 Appraised value of whole estate $11,520 00 The whole of the estate mentioned in the foregoing inventory is com- munity property as far as can be ascertained from said administratrix. We, the undersigned, duly appointed appraisers of the estate of T. J., deceased, hereby certify that the property mentioned in the foregoing inventory has been exliibited to us, and that we appraise the same at the sum of fourteen thousand one hundred and thirty-seven dollars ($14,137). [Signatures.] NOTE. — The executor or administrator must make and return to the court within three months after his appointment, a true inventory and appraisement of all the estate of the decedent, including the homestead, if any which has come to his possession or knowledge: California, Code Civ. Proc. sec. 1443. [It was evidently the intention of the statute that the executors, having a presumed knowledge of his, decedent's affairs, should place values upon the property he describes in his inventory, the same as in Colorado, but the practice is to leave the values out to be added by the appraisers.] , , , -i . • j. . It must be signed by the appraisers, and the executor or administrator must take and subscribe an oath before an officer authorized to administer oaths that the inventory contains a true statement of all the estate of the decedent which has come to his knowledge and possession, and particularly of all money belonging to the decedent, and of all just claims of the dece- dent against the affiant. The oath must be indorsed upon or annexed to the inventory: Code Civ. Proc, sec. 1449. To make the appraisement, the court, or a judge thereof, must appoint three disinterested persons (any two of whom may act), who are entitled to receive a reasonable compensation for their services, not to exceed five dollars per day, to be allowed by the court or judge. The appraisers must, with the inventory, file a verified account of their services and disburse- ments: Code Civ. Proc, sec. 1444. Forms 2197, 2198 Cowdery's Form Book. 788 Bofore proceeding the appraisers must subscribe an oatTi, to be attacbecl to the inventory, that they will truly, honestly, and impartially appraise the property exhibited to them according to the best of their knowledge and ability. They must then proceed to estimate and appraise the property; each article must be set down separately, with the value thereof in dollars and cents, in figures, opposite to the articles respectively; the inventory must contain all of the estate of decedent, real and personal, a statement of all debts, partnerships, and other interests, bonds, mortgages, notes, and other securities for the payment of money belonging to the decedent, speci- fying the name of the debtor in each security, the date, the sum originally payable, the indorsements thereon (if any), with their dates, and the sum which, in the judgment of the appraisers, may be collected on each debt, interest, or security [the inventory must show, so far as the same can bo ascertained by the executor or the administrator, what portion of the prop- erty is community property, and what portion is the separate property of the decedent]: Code Civ. Proc, see. 1445. See Alaska, Comp. Laws 1913. sees. 1633-1640; Arizona, Rev. Stats. (Civ. Code 1913), sees, 850-856; California, Code Civ. Proc, sees. 1443-1445; Colorado, Mill's Ann. Stats. 1912, see. 7955; Hawaii, Rev. Code 1915, sec. 2492; Idaho, Eev. Codes 1907, sees. .5422, 5423, 5428; Kansas, Gen. Stats. 1915, sec. 452S et seq.; Montana, Rev. Codes 1907, sees. 7493. 7494, 7499- Nebraska, Rev. Code 1913, sec. 1361; Nevada, Rev. Laws 1912, see. 5942 et seq.; New Mexico, Stats. Ann. 1915, sec. 2248; North Dakota, Comp. Laws 1913, sec. 8714 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 6313 et seq.; Oregon, Lord's Orgeon Laws, sec. 1177 et seq.; South Dakota, Comp. Laws 1913, sec. 5763 et seq.; Utah, Comp. Laws 1907, sec. 3841 et seq.; Washington, Rem, Code, sees. 1445, 1450; Wyoming, Comp. Stats. 1910, sec. 5548 et seq. No. 2197. Affidavit of Administrator to Inventory and Appraisement. [Title of Court and Estate.] State of California, County of Butte, — ss. M. J., the administratrix of the estate of T. J., deceased, being duly sworn, says that the annexed inventory contains a true statement of all the estate of the said deceased which has come to the knoAvledge and possession of said administratrix, and particularly of all moneys belonging to the said deceased, and of all just claims of the said deceased against the said administratrix. Subscribed and sworn to [etc.]. [Signature.] [Attached to inventory.] No. 2198. Affidavit of Appraisers to Inventory and Appraisement. [Title of Court and Estate.] State of California, County of Butte, — ss. F. H., E. B. and W. L. C, duly appointed appraisers of the estate of T. J., deceased, being duly sworn, each for himself, says, that he will truly, honestly, and impartially appraise the property of said estate 789 Inventory AND Appr-msement. Forms 2199-2201 which shall be exhibited to him, according to the best of his knowledge and ability. Subscribed and sworn to [etc.]. [Signature.] [Attached to inventory.] No. 2199. Inventory and Appraisement— Bill of Appraisers. [Title of Court and Estate.] To F. H., E. B. and W. L. C, appraisers, Dr. To compensation for services in appraising said estate, items as fol- Two days' services, at $5.00 day each $30 CO Necessary disbursements, as follows : Fare to lot No. 690 and return ^^ $30 50 NOTE.— California, Coae Civ. Proc, sec. 1444, No. 2200. Affidavit of Appraisei-s to Their BiU for Services. State of California, County of Butte, — ss. F. H., E. B. and W. L. C, the appraisers above named, being duly sworn, each for himself, says, that the foregoing bill of items is correct and just, and that the services have been duly rendered as therein set forth. Subscribed and sworn to [etc,]. [Signatures.] [Attached to inventory.] No. 2201. Inventory and Appraisement— Money Only. [Title of Court and Estate.] The following is a true inventory of all the estate of H. B., deceased, which has come into the possession of the undersigned executor, viz. : One thousand dollars in gold coin of the United States, one hundred and seven dollars in silver coin of the United States, ten dollars in United States legal tender notes. Total value of $1,117.00. [Signature.] NOTE The inventory must also contain an account of all moneys be- lonsine to the decedent which have come to the hands of the executor or administrator, and if none, the fact must be so stated in the inventory, rif the whole estate consists of money there need not be an appraisement, but an inventory must be made and returned as in other cases] : California. Code Civ. Proc, sec. 1446; Montana, Eev. Codes, sec. 7496. Forms 2202-2204 Cowdery's Form Book. 790 No. 2202. Order for Reappraisement of Real Estate After Sale. [Title of Court and Estate.] It appearing to the court that the appraisement of that parcel of land described in the inventory and apiDraiseraent described as follows [de- scription], was too high: It is therefore ordered that A. B., C. D. and E. F. are appointed to reappraise said land and file their appraisement thereof within three days from the date of the order. Dated . , Judge. NOTE. — If the court is satisfied that an appraisement is too high or too low it may order real estate reappraised. Frequently at a sale under a court's order real estate will not sell for ninety per cent of the appraised value. If so, the court may cause it to be reappraised, and after the appraisement confirm the sale reported before reappraisement. It may also be appraised before a sale is made: California, Code Civ. Proc., sec. 1550. No. 2203. Inventory and Appraisem.ent of Property Discovered After First Inventory. [Title of Court and Estate.] The following is a true inventory and appraisement of all the prop- erty of H. B., deceased, which has been discovered by the undersigned executor and which has come into the possession and knowledge o£ the undersigned since the date of the filing of the inventory and appraise- ment now on file in the said estate, viz.: [Description of the property if land or personal property other than money, and stating the amount of money precisely as in the first inventory. [Signature.] NOTE. — Whenever property not mentioned in an inventory filed comes to the possession or knowledge of an executor or administrator, he must cause the same to be appraised in the manner prescribed, and an inventory returned within two months after the discovery; and the making of such inventory may be enforced, after notice, by attachment or removal from ofiice: California, Code Civ. Proc, sec. 1451. No. 2204. Supplemental Inventory and Appraisement. [Title of Court and Estate.] The undersigned appointed to make a special appraisement of the interest of said estate in the partnership formerly existing between the said deceased and J. J., in the wholesale grocery store, No. 12763 Market Street, San Francisco [and so as to any other property], report that we have performed that duty, and we value said interest at nine thou- sand two hundred dollars. We also recommend that said interest be sold as soon as practicable. [Signatures.] NOTE.— California, Code Civ. Proc, sec. 1451. 791 Judgments and Decrees. JUDGMENTS AND DECREES. 2219. Judgment by court. 2220. Judgment by default by clerk. 2221. Judgment by default by court. 2222. Judgment on verdict. 2223. Clerk's certificate to copy of judgment. 2224. Clerk's certificate to copy of judgment, and as to papers constituting jadynicnt-roll. 2225. Judgment of imprisonment. 2223. Judgment of fine and imprisonment. 2227. Certificate that copy of judgment is correct. 2228. Judgment of imprisonmnent after trial by court — Justice's court. 2229. Certificate to copy of judgment of impriscnment — Ji-Lf/cice's court. 2230. Judgment of conviction (of imprisonment, and that defendant pay costs), after trial by court — Justice's court — Oregon. 2231. Judgment of fine after trial by court — Justice's court. 2232. Judgment of imprisonment and fine after trial by court — Justice's court. 2233. Certificate of conviction — Justice's court — Washington. 2234. Judgment for plaintiff — Money demand — Justice's court. 2235. Judgment for possession of personal property — Justice's court, 2236. Judgment for value of personal property — Justice's court. 2237. Judgment for return cf personal property — Justice's court. 2238. Judgment for damages in lieu of return — Justice's court. 2239. Judgment for defendant — Justice's court. 2240. Judgment for defendant on counterclaim — Justice's court. 2241. Judgment against defendant (fiduciary capacity) — Justice's court. 2242. Judgment on verdict — Justice's court — Criminal court. 2243. Judgment of dismissal with record of com.proraiP9. 2244. Judgment of nonsuit upon opening statement of counsel. 2245. Judgment. 2246. Decree directing conveyance of trust property. 2247. Judgment in action to annul contract of municipality for water- works. 2248. Judgment for want of answer — Justice's court — Oregon, 2249. Judgment after trial — Justice's court — Oregon. 2250. Judgment where defendant is subject to arrest — Justice's Coiirt. 2251. Complaint on foreign judgment. 2252. Answer denying assignment of judgment. 2253. Answer alleging fraud in obtaining judgment. 2255. Complaint on foreign judgment. 2256. Abstract of judgment and certificate — Justice's court. 2257. Complaint on judgment. 2258. Notice of entry of judgment. 2259. Notice of motion to vacate judgment and enter a different Judgment. 2260. Order vacating judgment. CROSS-REFERENCES. See Decree; Order. Judgment, Confession of. No. 1093. Judgment, Conviction for Contempt in Presence of the Court, No. 1127, Judgment, Conviction of Contempt in View of Judge, No. 1126. Judgment, Damages in Lieu of Keturn of Property, No. 899. Judgment, Default, by Court, No. 1505. Judgment, Entry of Confession of, No. 1094. Judgment by Justice of the Peace When Defendant is Subject to Arrest, No. 448. Judgment, for Possession of Personal Property and Damages, No. 896. Judgment of Ecstoration to Competency, No. 3301. Forms 2219, 2220 Cowdery's Form Book. 792 Judgment for Return of Property to Defendant, No. 8'9S. Judgment for Value of Personal Property, No. 897. Judgment — Satisfaction of, No. 3258. No. 2219. Judgment by Court. [Title of Court and Cause.] This cause came on regularly for trial on the nineteenth day of Octo- ber, 1917, J. B. Esq., appearing as counsel for plaintiff, and C. T., Esq., for the defendant. A trial by jury having been waived by the parties, the cause was tried before the court without a jury, whereupon wit- nesses on the part of plaintiff and defendant were duly sworn and examined, and documentary evidence introduced by respective parties, and the evidence being closed, the cause was submitted to the court for consideration and decision; and, after deliberation thereon, the court tiles its finding and decision in writing, and orders that judgment be entered herein in favor of plaintiff in accordance therewith. Wherefore, by reason of the law and the finding aforesaid, it is or- dered, adjudged and decreed, that J. D., the plaintiff, do have and recover, of and from R. R., the defendant, the sum of $800, with interest thereon at the rate of seven per cent per annum from the date hereof until paid, together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of thirty-five dollars. Judgment recorded October 24, 1917, in book "B," page 67. NOTE'. — California, Code Civ. Proe., sees. 664, 668. No. 2220. Judgment by Default by Clerk. [Title of Court and Cause.] In tliis action, the defendant, R. R., having been regularly served with process, and having failed to appear and answer the plaintiff's complaint filed herein, the legal time for answering having expired, and no answer or demurrer having been filed, the default of the said defendant, R. R., in the premises having been duly entered according to law; upon ap- plication of said plaintiff to the clerk, and in pursuance of the prayer of said complaint, it is ordered and adjudged that the said plaintiff do have and recover from the said defendant judgment for the sum of $560, gold coin of the United States, with interest thereon at the rate of seven per cent per annum from the date hereof, till paid, together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of $46. Judgment rendered April 26, 1917. Clerk's Office of the Superior Court Of the State of California, County of Santa Barbara, — ss. I, the undersigned, clerk of said court, do hereby certify the fore- going to be a full, true, and correct copy of the judgment entered in the above-entitled action, and of the whole thereof. Attest my hand and the seal of said court, this twenty-sixth day of April, 1917. [Seal] , Clerk. 793 Judgments and Decrees. Form 2221 NOTE. — Juclgmcnt may be had, if the defendant fail to answer the com- plaint: 1. In an action arising upon contract for the recovery of money, if no answer has been filed in time, the clerk, upon application of the plain- tiff, must enter the default of the defendant, and immediately enter judg- ment for the amount specified in the summons, and costs. 2. In other actions, if no answer has been filed within the time the clerk must enter the default; and thereafter the plaintiff may apply at any time to the court for the relief demanded. If the taking of an account, or the proof of any fact, is necessary, the court may take the account or hear the proof; or may order a reference for that purpose. And where the action is for the recovery of damages, the court may order the damages to be assessed by a jury; or, if to determine the amount of damages, the examination of a long account be involved, by a reference as above provided. 3. In actions where the service of the summons was by publication, the plaintiff may, upon proof of the publication, and that no answer has been filed, apply for judgment; and the court must thereupon require proof to be made of the demand; and if the defendant be not a resident of the state must require the plaintiff, or his agent, to be examined on oath, respecting any payments that have been made to the plaintiff, or to anyone for his use, on account of such demand, and may render judgment: California, Code Civ. Proc, sec. 585. See Alaska, Comp. Laws 1913, sees. 10&3-1091; Arizona, Rev. Stats. (Civ. Code 1913), sees. 55S-564; California, Code Civ. Proc, sec. 580; Colorado, Mill's Ann. Code, sec. 168; Hawaii, Rev. Code 1915, sec. 2361 et seq.; Idaho, Rev. Codes 1907, sec. 4360; Montana, Rev. Codes 1907, sees. 6537, 6719; Nebraska, Rev. Code 1913, sees. 8001, 8046, 8048; Nevada, Rev. Laws 1912, sec. 5043; New Mexico, Stats. Ann. 1915, see. 418S; North Dakota, Comp. Laws 1913, sees. 7445, 7600; Oklahoma, Harris & Day's Code 1910, sec. 4705; Oregon, Lord's Oregon Laws, sec. 185; South Dakota, Comp. Laws 1913, see. 5025; Utah, Comp. Laws 1907, sec. 3179; Washington, Rem. Code, sec. 411; Wyoming, Comp. Stats. 1910, sec. 4616. No. 2221. Judgment by Default by Court. [Title of Court and Cause.] In this action the defendant, R. R., having been served with process, and having failed to appear and answer the plaintiff's complaint filed herein, and the time for answering having expired, and no answer or demurrer having been filed, the default of said defendant, R. R., in the premises, having been duly entered according to law; Now, at this day, on application of J. M. W., attorney for said plain- tiff, it is hereby ordered that judgment be entered herein against the said defendant, R. R. as well as against defendant J. S., not served with process, in accordance with the prayer of said plaintiff's complaint on file herein. Wherefore, by reason of the law and the premises aforesaid, it is ordered, adjudged, and decreed that J. D., plaintiff, do have and recover of and from the said defendant, R. R., the sum of $560, United States gold coin, with interest thereon at the rate of seven per cent per annum from the date hereof until paid ; together with said plaintiff's costs and disbursements incurred in said action, amounting to the sum of $48.75. And it is further ordered, adjudged and decreed, that said plaintiff do have execution against the separate property of the defendant, R. R., as well as against the joint property of all the said defendants. Judgment rendered June 18, 1917. Forms 2222-2224 Cowdery's Form Book. 794 NOTE. — This form of judgment is against persons associated in any business under a common name: California, Code Civ. Proc., sec. 585. No. 2222. Judgment on Verdict. [Title of Court and Cause.] This action came on regularly for trial. The said parties appeared by their attorneys, F, G. F., Esq., counsel for plaintiff, and S. S. & H., for defendant. A jury of twelve persons was regularly impaneled and sworn to try said action. Witnesses on the part of the plaintiff and defendant were sworn and examined. After hearing the evidence, the arguments of counsel, and instructions of the court, the jury retired to consider of their verdict, and subsequently returned into court, with the verdict signed by the foreman, and, being called, answered to their names, and say: "We, the jury in this cause, find a verdict for the plaintiff, for $590." Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered and adjudged and decreed, that said plaintiff have and recover from said defendant the sum of $590, with interest thereon at seven per cent per annum from the date hereof until paid, together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of $50. Judgment recorded the eighteenth day of August, 1917, book "B," page 50. NOTE'.— California, Code Cir. Proc, sec. 664. No. 2223. Clerk's Certificate to Copy of Judgment. Clerk's Office of the Court of the State of , in and for the County of , ss. I, the undersigned, clerk of said court, do hereby certify that the foregoing is a full, true, and correct copy of the judgment entered in the above-entitled action, and of the whole thereof; and that such judgment is recorded in judgment-book , of said court, at page . Attest my hand and the seal of said court this day of , 19—. , Clerk," [Seal] By , Deputy Clerk. No. 2224. Clerk's Certificate to Copy of Judgment, and as to Papers Constituting Judgment-roll. [Title of Court and Cause.] I, the undersigned, county clerk of the county of , state of , and ex-officio clerk of the court of said county, do hereby certify the foregoing to be a full, true, and correct copy of the judgment entered in the above-entitled action, and recorded in judgment-book , of said court, at page ; and T further certify that the foregoing papers, hereto annexed, constitute the judgment-roll in said action. 795 Judgments and Decrees. Forms 2225, 2226 Witness my hand and the seal of the court, this day of , 19—. , Clerk, [Seal] By , Deputy Clerk. NOTE.— See Cal. Code Civ. Proc, sees. 661, 953. No. 2225. Judgment of Imprisonment. [Title of Court and Cause.] A complaint under oath having been filed in this court, on the day of , 19^, charging said defendant, , of a certain public offense, to wit, , a misdemeanor, committed on the day of , 19 — , and a warrant of arrest having been duly issued on said day of , 19 — , for the arrest of said defendant, and said defendant having been duly arrested, and thereafter, on tlie day of , 19 — , tried before this court without a jury, a jury trial having been waived, as provided by law in such cases, and by the court found guilty as cliarged in the complaint; and all and singular the law and the prem- ises being by the court here understood and fully considered, and no sufficient cause appearing to the court why judgment should not be pronounced against the said : Wlierefore it is by the court here ordered and adjudged that for said offense you, the said , be imprisoned in the county jail of said county of for the term of months and days. Done in open court this day of , 19 — . [Certificate.] , Judge. NOTE.— Cal. Kev. Code, sec. 672. . No. 2226. Judgment of Fine and Imprisonment. [Title of Court and Cause.] A comj^laint under oath having been filed in this court, on the day of , 19 — , charging said defendant, , of a certain public offense, to wit, , a misdemeanor, committed on the day of , and a warrant of arrest having been duly issued on said day of , 19 — , for the arrest of said defendant, and said defendant hav- ing been duly arrested, and thereafter, on the day of , 19 — , tried before this court without a jury, a jury trial having been waived, as provided by law in such cases, and by the court found guilty as charged in the complaint; and all and singular the law and the prem- ises being by the court here understood and fully considered, and no sufficient cause appearing to the court why judgment should not be pronounced against the said : Wherefore it is by the court here ordered and adjudged that for said offense you, the said , do pay a fine in the sum of dollars ($ ), and be imprisoned in the county jail of said county until the said fine is satisfied, in the proportion of one day's imprisonment Forms 2227-2229 Cowdery's Form Book. 796 for every two dollars of said fine, the extent of said imprisonment not to exceed months. Done in open court this day of , 19 — . [Certificate.] , Judge. NOTE. — See Cal. Pen. Code, sec. 1205; and compare Pen. Code, sec. 1446. No. 2227. Certificate that Copy of Judgment is Correct. [Title of Court and Cause.] Office of Justice of the Peace, Township, County of , ss. I, , justice of the peace of township, county of , do hereby certify the foregoing to be a full, true, and correct copy of the judgment duly made and entered on the minutes of the said justice's court in the above-entitled action, on the day of , 19 — . , Justice of the Peace in and for said County. No. 2228. Judgment of Imprisonment After Trial by Court — Justice's Court. [Title of Court and Cause.] A complaint under oath having been filed in this court on the day of , 19 — , charging said defendant, , of a certain public offense, to wit, , a misdemeanor, committed on the day of , 19 — , and a warrant of arrest having been duly issued on said day of , 19 — , for the arrest of said defendant, and said defendant, , having been duly arrested, and thereafter, on the day of , 19 — , tried before this court without a jury, a jury trial having been waived, as provided by law in such cases, and by the court found guilty as charged in the complaint; and all and singular the law and the premises being by the court here understood and fully considered, and no sufficient cause appearing to the court why judgment should not be pronounced against said : Wherefore it is by the court here ordered and adjudged that for said off^ense you, the said , be imprisoned in the county jail of said county of for the term of five months and fifteen days. Done in open court this day of , 19 — . [Official signature.] NOTE'.— See Cal. Pen. Code, sec. 1445. No. 2229. Certificate to Copy of Judgment of Imprisonment — Justice's Court. Office of Justice of the Peace of Township, County of , ss. I, , justice of the peace of the county of , do hereby certify the foregoing to be a full, true, and correct copy of the judgment duly 797 Judgments and Decrees. Forms 2230, 2231 made and entered in the minutes of the said justice's court, in the above-entitled action, on the day of , 19 — . Attest my hand at the township of , in the county of , this day of , 19 — . [Official signature.] NOTE.— See Cal. Pen. Code, sec. 1455. A delivery of a certified copy of a judgment of imprisonment, after such judgment is entered, to the sheriff, marshal, or other officer, is a sufficient warrant for its execution. No. 2230. Judgment of Conviction (of Imprisonment, and That De- fendant Pay Costs), After Trial by Court — Justice's Court — Oregon. [Title of Court and Cause.] [Day of the month and year.] The above-named having been brought before me, , a jus- tice of the peace for the precinct, in the county and state afore- said, in a criminal action, for the crime of , and the said having thereupon pleaded "Not guilty," and been duly tried by me, and upon such trial duly convicted, I have adjudged that he be imprisoned in the jail of this county days, and that he pay the costs of the action, taxed at dollars ($ — — ) [or, that he pay a fine of dollars ($ ) and such costs, and be imprisoned in such jail until such fine and costs be paid, not exceeding days, as the case may be. If the defendant has pleaded guilty, instead of the sentence commencing "and the said ," and ending "upon such trial duly convicted," the entry must state substantially as follows: "and the said having been thereof duly convicted upon a plea of guilty"] . , Justice of the Peace as aforesaid. NOTE.— Alaska, Comp. Laws 1913, sec. 1262; Lord's Oregon Laws, sec. 2494. In Alaska, the title of the court is, "Justice's Court for the Precinct of , District of Alaska, Division No. "; the title of the cause is, "The United States of America v. "; and the title of the officer is, "Commis- sioner and ex-officio Justice of the Peace." When a judgment of conviction is given, either upon a plea of guilty or upon a trial, the justice must enter the same in the docket, substantially as above. "A judgment of con- ■ viction may be said to consist of two parts, to wit: 1. The facts judicially ascertained, together with the manner of ascertaining them, entered of record; 2. The recorded declaration of the court pronouncing the legal con- sequences of the facts thus judicially ascertained. Both of these parts are equally necessary in the entry of a judgment of conviction." No. 2231. Judgment of Fine After Trial by Court— Justice's Court. [Title of Court and Cause.] A complaint under oath having been filed in this court on the <3ay of , 19 — , charging said defendant, , of a certain public offense, to wit, , a misdemeanor, committed on the day of , Form 2232 Cowdery's Form Book. 798 19 — , and a warrant of arrest having been duly issued on said day of , 19 — , for the arrest of said defendant, and said defendant, , having been duly arrested, and thereafter, on the day of , 19 — , tried before this court without a jury, a jury having been waived, as provided by law in such cases, and by the court found guilty as charged in the complaint ; and all and singular the law and the premises being by the court here understood and fully considered, and no suffi- cient cause appearing to the court why judgment should not be pro- nounced against said : Wherefore it is by the court here adjudged that for said offense you, the said do pay a fine in the sum of — dollars ($ ), and be imprisoned in the county jail of said county until the said fine be paid, not exceeding days. Done in open court this day of , 19 — . [Official signature] NOTE.— See Cal. Pen. Code, sees. 1445, 1446. There can be no imprisonment in satisfaction of a fine for a term longer than the maximum term of imprisonment prescribed as a penalty, or part of the penalty, of the offense: See Ex parte Erdmann, 88 Cal, 579, 580, 26 Pac. 372. And the direction of the statute that imprisonment, in case of the nonpayment of a fine, may be at the rate or in the proportion of one day for one dollar, or as otherwise prescribed, is merely permissive, and simply prescribes a maximum rate of imprisonment, leaving the magistrate full dis- cretion to fix any rate within that maximum that seems to be just. He may allow a fine to be discharged at the rate of ten dollars a day, or a hundred dollars a day, if he sees fit. In fact the discretion of the magistrate is absolute whether or not to impose any imprisonment whatever: See Ex parte Soto, 88 Cal. 624, 627, 26 Pac. 530. No. 2232. Judgment of Imprisonment and Fine After Trial by Court — Justice's Court. [Title of Court and Cause.] A complaint under oath having been filed in this court on the day of , 19 — , charging said defendant, , of a certain public offense, to wit, , a misdemeanor, committed on the day of , 19 — , and a warrant of arrest liaving been duly issued on said day of , 19 — , for the arrest of said defendant, and said defendant, , having been duly arrested, and thereafter, on the day of , 19 — , tried before this court Avithout a jury, a jury having been waived, as provided by law in such cases, and by the court found guilty as charged in the complaint; and all and singular the law and the prem- ises being by the court here understood and fully considered, and no sufficient cause appearing to the court why judgment should not be pronounced against said : Wherefore it is by the court here adjudged that for said offense you, the said , be imprisoned in tlie county jail of said county of , for the term of months; and that for said offense, you, the 799 Judgments and Decrees. Forms 2233-2236 said , be fined dollars ($ ), and be imprisoned in the pro- portion of one day's imprisonment for every dollar of said fine. Done in open court this day of , 19 — . [Official signature.] NOTE. — See Cal. Pen. Code, sees. 1445, 1446. No. 2233. Certificate of Conviction — Justice's Court — Washington. State of , County of , ss. At a justice's court held at my office in said county, before me, one of the justices of the peace in and for said county, for the trial of , for the offense hereinafter stated, the said was convicted of having, on the day of , 19 — , in said county, committed and upon conviction the said court did adjudge and determine that the said • should pay a fine of dollars ($ ), and the said fine has been paid to me. Given under my hand this day of , 19 — . -, Justice of the Peace. NOTE. — See Wash. Rem. Code, sec. 1935. No. 2234. Judgment for Plaintiff — Money Demand — Justice's Court. [Title of Court and Cause.] In this case judgment is given for plaintiff for one hundred and seventy dollars and ten cents principal and interest, and nine dollars taxed costs. Judgment $1T0 10 Costs 9 00 $179 10 No. 2235. Judgment for Possession of Personal Property — Justice's Court. [Title of Court and Cause.] In this case judgment is given against defendant and for plaintiff for the possession of all personal property described in the complaint herein, and one hundred dollars damages for the detention thereof by defendant, and thirty dollars taxed costs. NOTE. — California, Code Civ. Proc, sec. 667. No. 2236. Judgment for Value of Personal Property— Justice's Court. [Title of Court and Cause.] In this case, it appearing that the delivery of the property desci-ibed in the complaint cannot be had, judgment is given for plaintiff for two Forms 2237-2240 Cowdery's Form Book. 800 hundred and ninety-nine dollars, the value thereof, and one hundred dollars taxed costs. Judgment $299 Costs 100 $399 NOTE'.— California, Code Civ. Proc, see. 667. No. 2237. Judgment for Return of Personal Property — Justice's Court. [Title of Court and Cause.] In this case, it appearing that the property described in the complaint has been delivered to the plaintiff, and the defendant claiming a return thereof, judgment is given against plaintiff for the return of said prop- erty to defendant, and $100 damages for taking and withholding the same, and $9 taxed costs. NOTE'.— California, Code Civ. Proc, sec. 667. No. 2238. Judgment for Damages in Lieu of Return — Justice's Court. [Title of Court and Cause.] In this ease, it appearing that the property described in the com- plaint has been delivered to plaintiff, and the defendant claiming a return thereof, and it appearing that a return cannot be had, judgment is given against plaintiif for two hundred dollars, the value of said property, and one hundred dollars taxed costs. No, 2239. Judgment for Defendant — Justice's Court. [Title of Court and Cause.] In this case judgment is given against plaintiff and for defendant for thirteen dollars, taxed costs. NOTE.— California, Code Civ. Proc, sees. 855, 856. No. 2240. Judgment for Defendant on Counterclaim — Justice's Court. [Title of Court and Cause.] In this case the defendant's counterclaim against plaintiff exceeding plaintiff's demand against him, judgment is given for defendant against plaintiff for two hundred and fifty-three dollars, principal, and eighty- four dollars, costs. Judgment , $253 Costs 84 $337 NOTE. — California, Code Civ. Proc, sees. 855, 856. 801 Judgments and Decrees. Forms 2241-2243 No. 2241, Judgment Against Defendant (Fiduciary Capacity)— Jus- tice's Court. [Title of Court and Cause.] In this case, it appearing that defendant received of plaintiff the two hundred and seven dollars, in gold coin described in the complaint, as the agent of plaintiff, judgment is given for plaintiff and against de- fendant for two hundred and seven dollars in gold coin, and twelvo dollars, costs. Judgment $207 Costs 12 $219 NOTE. — In actions against an agent to recover money received by Mm for his principal, the judgment must be made payable in the kind of money or currency received by him: California, Code Civ. Proc, sec. 687. No. 2242. Judgment on Verdict — Justice's Court — Criminal Action. [Title of Court and Cause.] The above-named having been brought before me, , a justice of the peace for the precinct, in the county and state aforesaid, in a criminal action, for the crime of , and the said having thereupon pleaded "Not guilty," and been duly tried by a jury, and by the verdict of the jury, rendered on the day of , 19 — , found guilty as charged in the complaint, and no sufficient cause appearing to the court why judgment should not be pronounced against you : Wherefore it is by the court here adjudged that for said offense you, the said , do pay a fine in the sum of $ [or as the case may be]. [Signature.] Done in open court this day of , 19 — . [Official signature.] NOTE.— See Cal. Pen. Code, sec. 1445. See ante. Forms Nos. 2231, 2232. No. 2243. Judgment of Dismissal With Record of Compromise. [Title of Court and Cause.] And now comes the plaintiff, by William H. De Witt, Esq., United States attorney, whereupon the plaintiffs dismissed their suit herein, the same having been compromised, and eight hundred dollars paid by the defendants. It is therefore considered by the court that the defendants go hence without day, and recover against the plaintiffs their costs incurred herein, taxed at $ . NOTE. — Precedent in In re Mouillerat, 14 Mont. 246, 36 Pac. 185. Form Book — 51 Forms 224^2246 Cowdery's Form Boof. 802 No. 2244. Judgment of Nonsuit upon Opening Statement of Counsel. [Title of Court and Cause.] This cause came on regularly before the court for trial on the twenty- fourth day of February, A. D. 1880. J. B. Mhoon, Esq., appearing- for the plaintiff and B. S. Brooks, Esq., appearing for the defendant, where- upon counsel for plaintiff opened his case and stated to the court the facts which he intended and expected to be able to prove ; thereupon the counsel for defendant moved the court to nonsuit the plaintiff, and ren- der judgment in favor of defendant upon the ground that the said facts were not sufficient to constitute a cause of action or to entitle the plain- tiff to any judgment against the defendant under the pleadings. Said motion was thereupon argued and submitted to the court for con- sideration, and due deliberation having been had thereon the said motion was granted. NOTE.— Precedent in NiehoU v. Littlefield, 60 Cal. 239. No. 2245. Judgment. [Title of Court and Cause.] This cause came on regularly for trial. The said defendant appeared by his attorneys. A jury of twelve persons was regularly impaneled and sworn to try said cause. Witnesses on the part of the defendant were sworn and examined. After hearing evidence, the arguments of counsel and instructions of the court, the jury retired to consider their verdict, and subsequently returned into court, and being called, answered to their names, and say they find a verdict for the defendant. Wherefore, by virtue of the law and by reason of the premises afore- said, it is ordered, adjudged and decreed that said plaintiff have and re- cover nothing from said defendant, and that defendant recover of the plaintiff his costs and disbursements incurred in this action, amounting to the sum of eighty-eight and sixty-one hundredths dollars. Judgment rendered October 31, A. D. 1870. NOTE. — Precedent in Green v. Swift, 50 Cal. 454. No. 22-16. Decree Directing Conveyance of Trust Property, [Title of Court and Cause.] Now, on this day this cause came on to be heard before the court upon the plaintiff's complaint and the defendant's answer herein. And it appearing to the satisfaction of the court from the said defendant's an- swer that all the allegations in the plaintiff's complaint are true, and all and singular the law and premises being by the court here seen, heard and understood, and fully considered, finds for the said plaintiff, and on motion of Hamilton & Dunlap, attorneys for the said plaintiff, it is ordered, adjudged, considered and decreed by the court that the said defendants James R. Bolton and Frederick Billings be and they are 803 Judgments and Decrees. Form 2247 hereby required to fortlnvith make, execute and deliver to the said plain- tiff, Anne Saunders, a good and sufficient deed of conveyance, conveying to the said Anne Saunders, all the right, title, claim and interest which they, the said James R. Bolton, Frederick Billings and H. W. Hallcck, or either of them, had or held on the twelfth day of May, 1852, or at any time since that day, of, in or to those certain lots, tracts or parcels of land lying and being situate in the city of Sacramento, county of Sacramento and state of California, particularly knoAvn and described upon the map or plan of said city as lots number two (2) and eight (8) in the square or block between N and 0, Fifteenth (15) and Sixteenth (16) streets, under and by virtue of a certain deed of conveyance from one Bezer Simmons to said defendants James R. Bolton, Frederick Bill- ings and H. W. Halleck, bearing date September 3, 1850; and if the said defendants James R. Bolton and Frederick Billings refuse and neglect to make, execute and deliver to said plaintiff, Anne Saunders, the said deed of conveyance of the said premises hereinbefore described for five days after the entry of this judgment and decree, then, and in that event, Ed. M. Martin, the court commissioner of this court, be and he is hereby appointed and authorized and empowered to make, execute and deliver to said plaintiff, Anne Saunders, a deed of conveyance for and on behalf of said defendants of said premises ; and said deed, when so made, exe- cuted and delivered by said Ed. M. Martin, as such commissioner, shall vest in said plaintiff, Anne Saunders, all the right, title, claim and inter- est of, in and to said premises that passed to, or was or became vested in the said defendants, James R. Bolton, Frederick Billings and H. W. Halleck, under and by virtue of the same deed of conveyance from said Bezer Simmons, of September 3, 1850, or at any time since. NOTE. — Precedent in Saunders v. Schmaelzle, 49 Cal. 59, 62. No. 2247. Judgment in Action to Aimul Contract of Municipality for Waterv/orks. [Title of Court and Cause.] 1. It is hereby ordered, adjudged and decreed that the contract dated September 28, 1895, made by and between defendant, the city of Santa Rosa, a municipal corporation, party of the first part, and defendant Effey, of the city of Santa Cruz, party of the second part, for the con- struction of a system of waterworks according to the plans and specifi- cations of C. Monjeau, is hereby declared null and void and of no effect; and defendant, the city of Santa Rosa, is hereby absolved of and from any and all obligations whatsoever to anyone under or by virtue of said contract. 2. It is further ordered, adjudged and decreed that the bonds pro- vided for in Ordinance No. 163 of the ordinances of defendant, the city of Santa Rosa, except the first series of said bonds, to wit, bonds Nos. 1 to 5, inclusive, were unlawfully disposed of by defendants, E. F. Wood- Porni2247 Oowdery^s Form Book. 804 ward, individually and as mayor of said city, F. Berka, C. N. Collins, E. D. Harris, Thomas P. Keegan, George A. Tupper and J. S. Wilson, individually and as members of and composing the common council and legislative body of defendant, the city of Santa Rosa, and M. V. Van- derhoof, individually and as treasurer of said city of Santa Rosa, and Robert Effey, and contrary to the provisions of law regulating the mode and conditions for the disposal of such bonds, and in violation of the trust reposed in defendants Woodward, Berka, Collins, Harris, Keegan, Tupper, Wilson, Vanderhoof, Effey and Paul B. Perkins, willfully, un- lawfully and fraudulently disposed of the proceeds of said bonds, and that said defendants last named are adjudged to be liable for the pay- ment to defendant, the city of Santa Rosa, of the value of said bonds at the time of their disposal, to wit, one hundred and sixty-five thousand seven hundred and one dollars and twenty-five cents. 3. It is further ordered, adjudged and decreed that the system of waterworks constructed by Paul B. Perkins in the city of Santa Rosa, consisting of pipe-lines, reservoirs, pumping plants and all other appli- ances connected therewith, be and they are hereby decreed to be the direct results of the disposal of said water bonds issued by the city of Santa Rosa, under and by virtue of Ordinance No. 163, and that, as such •direct result, said waterworks constructed by said Paul B. Perkins should be and they are hereby decreed to be held and possessed by the defendants, the mayor and common council of the city of Santa Rosa, in trust for said city of Santa Rosa and the inhabitants and taxpayers thereof, as if said works were a part of said water bonds, and that said ■defendants Robert Effey and Paul B. Perkins never had any lawful right, title or interest in or to said waterworks or any part or parcel thereof. 4. That an accounting shall be had by this court of the actual value of said system of waterworks, pipe-lines, reservoirs, pumping station, etc., constructed by said Paul B. Perkins in said city of Santa Rosa, and that after said actual value of said waterworks is ascertained as herein provided, that a judgment shall be entered to take effect as of the entry of this judgment against defendants E. F. Woodward, F. Berka, C. N. Collins, E. b. Harris, Thomas P. Keegan, George A. Tupper, J. S. Wil- son, M. V. Vanderhoof, individually and as treasurer of said city of Santa Rosa, Robert Effey and Paul Perkins, jointly and severally, for the amount of money which shall be found to be the difference between the value of said bonds at the time of their disposal, to wit, one hundred and sixty-five thousand seven hundred and one dollars and twenty-five cents, and the ascertained value of said system of waterworks con- structed by defendant Perkins. 5. That upon the value of the work and material done and furnished by said Perkins in the construction of said waterworks being ascertained by the court, judgment for the amount of the deficiency as provided in paragraph 4 hereof, and for the costs of plaintiff up to this time, hereby taxed at five hundred and thirty-seven dollars and forty cents, and for 805 aruDGMENTS AND DECREES. Forms 2248, 2249 accruing costs hereafter incurred on behalf of defendant, the city of Santa Rosa, of the plaintiff against said defendant, made liable for said deficiency, shall be entered against said defendants as herein provided. 6. That defendant Mobley have and recover from plaintiff his, said Mobley's, costs, hereby taxed at $ . Judgment recorded the day of , , book , page ■. NOTE.— Precedent in Mock v. Santa Rosa, 126 Cal. 357, 58 Pae. 826. No. 2248. Judgment for Want of Answer— Justice's Court — Oregon. [Title of Court and Cause.] State of , County of . Civil action to recover money. May , 19 — . Complaint filed and summons issued, returnable -,*19- May , 19 — . Summons returned and indorsed, "Received the within May , 19 — . Served the same May , 19—, by delivering a copy thereof, together with a certified copy of the complaint, to the defendant personally. , Constable." The plaintiffs appeared, and it appearing that the defendant has failed to answer the complaint as required by law, it is considered that the plaintiffs recover of the defendant the sura of dollars ($ ) and his disbursements in the action, taxed at dollars ($ ) and ( — ) cents. NOTE. — Lord's Oregon Laws, sec. 185. The signature of the justice does not seem to be required by the statute; and. unless so required, the judgment is valid without his signature: See Freeman on Judgments, sec. 50e. No. 2249. Judgment After Trial— Justice's Court — Oregon. State of , County of . Civil action to recover money. [Title of Court and Cause.] May , 19 — . Complaint filed and summons issued, returnable May , 19 — . Affidavit and undertaking for writ of attachment against the property of the defendant filed. Writ of attachment issued, directed to , constable of the precinct. ]^fay , 19 — . Summons returned and indorsed, '^Received the within May , 19—. Served the same May , 19 — , by delivering- a copy thereof, together with a certified copy of the complaint, to the defendant personally. , Constable." Parties appeared. Answer of defendant filed. Defendant then de- posited trial fee of six (6) dollars, and demanded a jurj' trial. On appli- Foi-ms 2250, 2251 Cowdery 's Form Book. 806 cation of the defendant, ordered the cause be continued, at his costs, for trial on May , 19 — . May , 19 — . Parties appeared. Jury formed and sworn. Trial had, and jury give verdict in favor of the plaintiff for the sum of dollars ($ ). Therefore it is considered that the plaintiff recover of the defendant the said sum of dollars ($ ), and his disburse-- ments in this action, taxed at dollars ($ ) and ( — ) cents. NOTE. — Lord's Oregon Laws, sec. 186. When the trial is without jury, the last entry should be varied as follows: "Trial had without the intervention of a jury; and it is considered," etc The signature of the justice does not seem to be required by the statute; and, unless so required, the judgment is valid without his signature: See Freeman on Judgments, 4th ed., sec. 50e. No. 2250. Judgment Where Defendant is Subject to Arrest— Justice's Court. [Title of Court and Cause.] In this case judgment is given for plaintiff and against defendant for two hundred and fifty dollars, and costs taxed at seventeen dollars, and it appearing that defendant is about to depart from the state with in- tent to defraud his creditors [or if for any other reason he is subject to arrest and imprisonment], he is therefore subject to arrest and imprison- ment under this judgment. Judgment $250 Costs 17 $267 [Signature.] NOTE. — When judgment is rendered in a case where the defendant is subject to arrest and imprisonment thereon, the fact that ho is so subject must be stated in the judgment: California, Code Civ. Proc, sec. 893. No. 2251. Complaint on Foreign Judgment. [Title of Court and Cause.] First. That at the times hereinafter mentioned the circuit court of Winnebago county, in the state of Illinois, was a court of general juris- diction, duly created and organized under and by virtue of the laws and constitution of said state of Illinois. Second. That on the fifteenth day of August, 1885, the plaintiff com- menced an action in said court by the filing of a declaration; and that thereupon said defendant, E. Steinbach, on the same day, duly appeared in said action in said court, by his duly constituted and appointed attorney, and duly waived service of process and admitted the cause of action alleged against him in said declaration, and the amount therein claimed to be due upon the promissory note therewith filed, and did then and there confess and consent to the entry of judgment against him in 807 Judgments and Decrees. Form 2252 favor of saiM plaintiff, for the sum of four thousand one hundred and fortjT^-one dollars and sixty-six cents and costs of suit. Third. That thereupon such proceedings were had therein in said court, that on the fifteenth day of August, 1885, a judgment for the sum of four thousand one hundred and forty-one dollars and sixty-six cents, and costs, duly taxed at two dollars and twenty-five cents, was duly given, made and entered by said court in favor of the plaintiff, John Lake, and against the defendant, E. Steinbach. Fourth. That no part of said judgment has been paid or satisfied, ex- cept the sum of three thousand six hundred and forty-two dollars and tAventy-two cents, and that there is now due and owing to said plaintiff, who is now the legal owner and holder of said judgment, from the said defendant, upon the said judgment, the sum of five hundred and two dollars and nineteen cents, together with the interest thereon at the rate of six per cent per annum, from the eighteenth day of September, 1885. Fifth. Tliat said defendant, E. Steinbach, was out of and absent from the state of Washington at the time said judgment was entered and given as aforesaid, and did not come into or return to this state thereafter until less than six years prior to the commencement of this action. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Lake v. Steinbach, 5 "Wash. 660, 32 Pac. 767. No. 2252. Answer Denjdng Assignment of Judgment. [Title of Court and Cause.] And now comes the said defendant, and, for answer to the plaintiff's complaint herein, says that as to the allegation in said complaint, "that on the second day of December, A. D. 1880, for a valuable consideration by said plaintiff. Brewer, unto the said McLean paid, the said John McLean did assign and convey unto plaintiff, the judgment," defendant has not and cannot obtain sufficient knowledge or information upon which to base a belief, and therefore denies that said plaintiff paid said McLean anything whatever for said judgment, and denies that the said judgment was assigned by said McLean to said Brewer; and denies that said Brev/er is the owner of said judgment; and avers that said McLean is nov,' the real ov/ner of said judgment; and avers that said McLean is the real party in interest in this suit; wherefore, defendant demands that he be allowed to go hence without day and have judgment for his costs in this suit. , Attorney for Defendant. [Verification.] NOTE. — Precedent in Hughes v. Brewer, 7 Colo. 584, 4 Pac. 1115. Fonns 2253-2256 Cowdery's Form Book. 808 No. 2253. Answer Alleging Fraud in Obtaining Judgment. [Title of Court and Cause.] The defendant answers to the complaint, and alleges : That after the commencement of the action mentioned in the com- plaint, the said plaintiff came to this defendant, and with intent to de- ceive him and prevent him from defending it, falsely and fraudulently represented . [Signature.] [Verification.] • No. 2255. Complaint on Foreign Judgment, [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That at the times hereinafter mentioned, the court of common pleas, in and for the county of R., in the state of Ohio, was a court of general jurisdiction, dulj' created and organized by the laws of said state. 2. That on the twenty-first day of May, 1917, the plaintiff commenced an action in said court against the defendant by the issuance of sum- mons [or, other process, as the case may be], which summons was duly and personally served upon said defendant [or, in which action the de- fendant appeared in person, or by attorney]. That thereupon such pro- ceedings were had therein in said court, that on the twenty-fourth day of July, 1917, a judgment for the sum of $376 was duly given and made by said court in favor of the plaintiff, and against the defendant. 3. That no part thereof has been paid, except [etc.]. No. 2256. Abstract of Judgment, and Certificate — Justice's Court. [Title of Court and Cause.] State of , County of , S3. In Justice's Court, Before , Justice of the Peace, Township, , 19—. -, 19—. Judgment entered for plaintiff for dollars ($ ), on the day of , 19 — . I certify that the foregoing is a correct abstract of a judgment ren- dered in said action in my court [or, in the court of , justice of the peace, as appears by his docket, now in my possession, as his successor in office]. -, Justice of the Peace. NOTE.— See Cal. Code Civ. Proc, sec. 897; Idaho, Eev. Codes 1907, sec. 4733; Montana, Eev. Codes 1907, sec. 7056; Utah, Comp. Laws 1907, sec. 3733. The abstract may be filed in the office of the county clerk of the county in ■which the judgment was rendered, and the judgment docketed in the judgment- docket of the superior court thereof. Execution may thereupon be issued by the county clerk to the sheriff of any other county: See Cal. Code Civ. Proc. 809 Judgments and Decrees. Forms 2257, 2258 eec. 900. But such judgment creates no lien on any lands of the defendant unless such abstract is filed in the office of the recorder of the county in which the lands are situated. The lien continues for two years unless the judgment be previously satisfied: See Cal. Code Civ. Proc., se'C. 900. No. 2257. Complaint on Judgment. [Title of Court and Cause.] Plaintiff comj^lains and alleges: I. That on the twenty-second day of January, 1906, in the superior court of the city and county of San Francisco, state of California, De- partment No. Four (4) thereof, Honorable J. C. B. Hebbard, presiding, a judgment was duly given and made by the said court in favor of this plaintiff and against the defendant herein, in an action pending in said court last above named, wherein this plaintiff was plaintiff and the said defendant was defendant, by which said judgment it was ordered that said plaintiff do have and recover of and from the said defendant the sum of three hundred and seventy-six and 34/100 dollars ($376.34), and costs of suit amounting to the sum of twelve and 65/100 dollars ($12.65). II. That thereafter, to wit, on or about the twenty-fourth day of January, 1906, said judgment was duly entered, (^led and docketed,, and the said judgment remains wholly unpaid and unsatisfied. Wherefore, said plaintiff prays judgment against said defendant for the sum of three hundred and eighty-eight and 99/100 dollars ($388.99), the amount of said judgment, together with interest thereon at the rate of seven (7) per cent per annum from the said twenty-second day of January, 1906, to date, in the sum of eighty-three dollars ($83.00), together with costs of this suit. , Attorneys for Plaintiff. No. 2258. Notice of Entry of Judgment. [Title of Court and Cause.] To the Defendants, , , and to Messrs. and , Attorneys for said Defendants, and to the Defendant , and and , Attorneys for said Defendant: You and each of you will please take notice, and you and each of you are hereby notified that the judgment in the above-entitled action, in accordance with the findings and conclusions of law, filed on the day of , 19—, in favor of the plaintiff above named and against the defendants above named, was, on the day of , A. D. 19 — , duly entered by the clerk of the above-entitled Superior Court in Vol. , of Judgments, at page thereof. Dated , A. D. 19—. ' , Attorneys for Plaintiff. Form 2259 Cowdery's Form Book. 810 No. 2259. Notice of Motion to Vacate Judgment and Enter a Different Judgment. [Title of Court and Cause.] To the Plaintiff Herein and to IVfessrs. and , Its Attorneys and to the Defendant, , and to Messrs. and , Attorneys for said Defendant: You and each of you will please take notice that on the day of ■ , 19 — -, at the opening of the court on said day, or as soon there- after as counsel can be heard by the court in the courtroom of Depart- ment 3 thereof, in the City Hall, in the city and county of San Fran- cisco, state of California, , and , defendants in the above- entitled cause, will move the court to set aside and vacate the judgment entered therein, and that judgment be entered in favor of said defend- ants and against said plaintiff for costs incurred herein by said defend- ants for the following cause, materially affecting the substantial rights of said defendants and entitling them to a different judgment; Incorrect and erroneous conclusions of law not consistent with and not supported by the findings of fact. The following are the specifications of the particulars in which the said conclusions of law are incorrect and erroneous and are not sup- ported by the findings of fact : 1. The court has found that all of the allegations contained in plain- tiff's complaint on file herein save and except the allegation contained in paragraph 1 of said comi^laint, that said plaintiff is a corporation as alleged therein, are each and all of them untrue. 2. That said findings controvert the allegations contained in plaintiff's complaint. 3. That said findings show that the instrument sued on by plaintiff as a lease was no lease and never took effect as a lease. 4. The court has found as a probative fact that the agreement set forth in the findings was to operate as a lease only upon the construction by plaintiff and the occupancy of a store having a frontage on Golden Gate avenue of forty feet by a uniform depth of one hundred and twenty feet, by defendants; and has also found as a probative fact that the occupancy of the said demised premises was never given by plaintiff to defendants or either of them. 5. And the court has found as a further probative fact that the plain- tiff did not construct a store having a frontage of forty feet on Golden Gate avenue, by a uniform depth of one hundred and twenty feet. Said motion will be made upon the complaint, findings of fact, conclu- sions of law and judgment rendered herein, and upon all the records and papers on file herein. Dated . , Attorneys for Defendants, , and » 811 Justification of Sureties. Form 2260 No. 2260. Order Vacating Judgment. [Title of Court and Cause.] The order to show cause why the judgment entered in this action against the defendants, Guadaloupe Castro, Simeon Castro and Joaquin Castro, should not be vacated and set aside, having been submitted upon the affidavits of W. H. L. Barnes, Guadaloupe Castro and W. H. Patter- son and Joseph Phelan. And it appearing to me from the said affi- davits that the said defendants have a meritorious defense to the ac- tion; and that the trial was had, and judgment taken against them in their absence, and the absence of the said W. H. L. Barnes, their attorney; and that this absence was caused by a mutual and honest mis- take on the part of both of them as to the retainer of the said Barnes as attorney for them in the action; and that neither of them knew of the trial of the action or the rendition of judgment therein until after the adjournment of the term of the court at which the trial was had, and the judgment against the defendants rendered. Therefore it is ordered that the judgment herein be set aside and vacated upon the payment to plaintiff's attorney of all the costs taxed in the case against the said de- fendants within five days after notice of this order to the defendants or their attorney, W. W. Crane, Esq.; and upon the further condition that the defendants shall go to trial of the cause at the next term of the court in Santa Cruz county. Dated . , Judge. NOTE.— Precedent in McKinley t. Tuttle, 34 Cal. 237. JUSTIFICATION OF SURETIES. 2285. Justification of sureties in civil cases. 2286. Justification of sureties on undertaking or bond where more than two sureties. 2287. Justification of sureties in criminal cases. 2288. Affidavit of sureties on bail bond, in San Francisco. 2289. Affidavit of sureties on official bond. 2290. Notice of exception to sufficiency of sureties on undertaking on claim and delivery. 2291. Notice that defendant excepts to sufScieucy of sureties on attach- ment or appeal bond — Justice's court. 2292. Notice to defendant that his sureties must justify — Justice's court. 2293. Notice of justification of sureties. 2294. Notice of justification of sureties — Justice's court. 2295. Examination and justification of sureties. CKOSS-REFEEENCES. Justification of Sureties on Official Bond — Hawaii, No. 823. Justification of Sureties on State or County Bonds, No. 811. Forms 2285, 2286 Cowdery's Form Book. 812 No. 2285. Justification of Sureties in Civil Cases. [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. S. D. and F. R., the sureties whose names are subscribed to the above undertaking, being severally duly sworn, each for himself, says that he is one of the sureties named in the above undertaking; that he is a resi- dent and householder in said city [or state] and county, and is worth the sum in the said undertaking specified as the penalty thereof, over and above all his just debts and liabilities, exclusive of property exempt from execution. NOTE. — In California, in all cases where an undertaking, with sureties, is required by the provisions of the Code of Civil Procedure, the ofScer taking the same must require the sureties to accompany it with an affidavit that they are each residents and householders, or freeholders, within the state, and are each worth the sum specified in the undertaking, over and above all their just debts and liabilities, exclusive of property exempt from execution ; but when the amount specified in the undertaking exceeds three thousand dollars, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed in the undertaking, if the whole amount be equivalent to that of two sufficient sureties: Calif ornia. Code Civ. Proc, sec. 1057. See Alaska, Comp. Laws 1913, sees. 941, 942; Arizona, Eev. Stats. (Civ. Code 1913), sees. 317-322; California, Code Civ. Proc, sec. 1057; Color;ido, Mill's Ann. Code, sec. 421; Idaho, Eev. Codes 1907, sec. 4934; Montana, Rev. Codes 1907, sees. 7192-7195; Nevada, Rev. Laws 1912, sec. 5485; Okla- homa, Harris & Day's Code 1910, sec. 5342; Oregon, Lord's Oregon Laws, sees. 268, 270, 287, 344; South Dakota. Comp. Laws 1913, sees. 4959, 4960, 4961, 4978, 5010; Utah, Comp. Laws 1907, sec. 3493; Washington, Rem. Code, sees. 652, 765, 766; Wyoming, Comp. Stats. 1910, sees. 4831-4837. No. 2286. Justification of Sureties on Undertaking or Bond Where More Than Two Sureties. State of , County of , ss. , one of the sureties above named, being duly sworn, says that he is a resident and hoiiseholder within the said state of , and that he is worth the sum of dollars ($ ) over and above all his just debts and liabilities, exclusive of property exempt from execution. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — This form may be used where the undertaking or bond has more than two sureties. The California statute provides that when the amount speci- fied in the undertaking or bond exceeds three thousand dollars ($3,000), and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than the amount specified in the undertak- ing or bond, if the whole amount is equivalent to that of two sufficient sureties: See Cal. Code Civ. Proc, sec. 1057. 813 Justification of Sureties. Forms 2287, 2288 No. 2287. Jiistiiication of Sureties in Criminal Cases. State of California, City and County of San Francisco, — ss. S. D. and F. R., persons whose names are subscribed as the sureties to the above undertaking, being seveially sworn, each for liiiusclf, says, tliat he is one of the sureties named in the above undertaking; that he is a resident and a householder within the county of Fresno, and state of California, and that he is worth the amount specified in the said undertaking as the penalty thereof, over and above all his just debts and liabilities, exclusive of property exempt from execution. [Signatures.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — The qualifications of bail are as follows: 1. Each of them must be a resident householder, or freeholder within the state; but the court or magis- trate may refuse to accept any person as bail who is not resident of the county where bail is offered: 2. They must be each worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two sureties to justify sev- eraUy in amounts less than that expressed in the undertaking, if the justifica- tion be equivalent to that of sufficient bail. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the quahfieations provided as aforesaid. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper: California, Pen. Code, sees. 1279, 1280. No. 2288. Affidavit of Sureties on Bail Bond, in San Francisco. State of California, City and County of San Francisco, — ss. , being duly sworn, says that he is a resident of, and householder in ; that he is worth the sum of dollars ($ ) over and above all his just debts and liabilities, and exclusive of property exempt from execution, and also exclusive of all demands for which he may become liable by reason of the forfeiture of any appeal or bail bond on which he is surety; that his property consists of the following described real estate situated in the said city and county, and of the following values, to -wit: ; that the same stands of record in his name in the records of said city and county in book of deeds, page , and in book of deeds, page , and was there recorded on or about the (lay of , 19—; that the same is subject to the following encum- brances, and none other, either of record or not of record, to wit: ; that he is the owner of said property in good faith ; and that the same was not conveyed to him for the purpose of enabling him to become surety upon this or any other bond. [Signature.] Subscribed and sworn to [etc.], [Official signature.] Tj , warrant and bond clerk of the city and county of San Fran- cisco, have examined the within bond and find it good in law. I have Forms 2289-2291 Cowdery's Form Book. 814 examined the records of county, and find the property, its owner, and encumbrances herein described to be correct according to said records. Dated , 19—. [Official sie:nature.] NOTE. — A similar affidavit must be made by each surety. The court or magistrate may refuse to accept any person as bail who is not a resident of the county where bail is offered: See Cal. Pen. Code, sec. 1279. No. 2289. Affidavit of Sureties on Official Bond. State of , County of , ss. , , and , whose names are subscribed as sureties to the above bond, being severally duly sworn, each for himself deposes and says that lie is a resident and freeliolder witliin said county; and that he is worth the amount for which he becomes surety on said bond over and above all his debts and liabilities, in unencumbered property, situated within this state, exclusive of property exempt from execution and forced sale. [Signatures.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Pol. Code, sec. 955. No. 2290. Notice of Exception to Sufficiency of Sureties on Undertak- ing on Claim and Delivery. [Title of Court and Cause.] To , Sheriff of the County of . You will please take notice that tlie defendant in the above-entitled action does not accept the undertaking given on the part of the plaintiff in the said action, upon your taking tlie personal property claimed by him, but expressly excepts to the same, and to the sufficiency of the sure- ties thereto; and that such sureties, and each of them, are required to justify, as provided by law. Dated this day of , 19 — . , Attorney for Defendant. No. 2291. Notice That Defendant Excepts to Sufficiency of Sureties on Attachment or Appeal Bond — Justice's Court. [Title of Court and Cause.] E. I., Esq., Constable: You will please take notice that the defendant in this action hereby excepts to the sufficiency of the sureties upon plaintiff's undertaking on appeal [or attacliment] filed herein. Dated . [Signature.] NOTE. — California, Code Civ. Proc, sec. 867, attachment. Attachment on vessels, sec. 821. On appeal to superior court, gee. 978. 815 Justification of Sureties. Forms 2292-2295 No. 2292. Notice to Defendant That His Sureties must Justify — Jus- tice's Court. [Title of Court and Cause.] You will please take notice, that the defendant's sureties on his under- taking- herein, on release from arrest [or in other cases] will be required to justify. Dated . [Signature.] NOTE. — California, Code Civ. Proc, sec. 978. Attachment, sees. 554, 555. On Appeal sees. 978-992. No. 2293. Notice of Justification of Sureties. [Title of Court and Cause.] Sir: Please take notice that the sureties upon the undertnking of the plaintiif in the above-entitled action will justify before the county clerk, at his office in the city and county of San Francisco, on the second day of December, 1917, at two o'clock P. M. Dated . [Signature.] NOTE. — In attachment: Cal. Code Civ. Proc, sees. 554, 555; administrator's bond: Code Civ. Proe., sec. 1393; on appeal: Code Civ. Proc, sec. 948; attach- ment of vessel: Code Civ. Proc, sec. 821; on appeal to superior court: Code Civ. Proc, sec. 978; in justice's court, San Francisco: Code Civ. Proc, sec. 92. No. 2294. Notice of Justification of Sureties — Justice's Court. [Title of Court and Cause.] You will please take notice, that defendant's sureties on his under- taking, given on appeal herein, [or in any other matter] will justify before A. B. C, Esq., the justice who issued the said order of arrest, at his office in the town of Downieville, on Monday, August 2, 1917, at 2 o'clock P. M. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec 978. No. 2295. Examination and Justification of Sureties, [Title of Court and Cause.] State of California, City and County of San Francisco, — ss. . , being duly sworn, deposes and says : I am a citizen of the United States of Amerifa. I am years of age. I reside in the state of California, and have so resided years and upward. I am . Mj'' dwelling-house is No. street, in . My wife and family reside with me at that place. My business is that of and I carry on business as such at No. street, in . Form 2295 Cowdery's Form Book. 816 I own real estate in the ; it consists of . I paid for that property the sum of $ . The land, exclusive of improvements, is worth at least $ . The improvements are worth at least $ . The premises are insured for $ . By tlie polic — of insurance any loss which may accrue is made pay- able to . The conveyance of the land and premises above mentioned was from and was recorded in the office of the recorder of the city and county of about . That conveyance is, to my best knowl- edge and recollection, a deed. It convej'ed the premises to me, in my own right. It is made to me in my individual name, and the title is now, and ever since I purcliased the property has remained, in my individual name and I do not hold said property, or any part of it, or any sliare or interest of any kind in it, in trust for, or in any wise for the benefit of, any other person than myself. It is absolutely and exclu- sively my own. As to mortgages, . As to taxes and assessments, , As to judgments, . I am in partnership with . My debts and liabilities are as follows: Except as above stated, I am not liable as bail, bondsman, surety, in- dorser, guarantor, indemnitor or otherwise, in any manner whatever; and, except as so stated, I do not owe any money and am not indebted to any person, firm or company in any sum, or upon any account what- ever. No person holds a power of attorney from me for the sale of or the disposal of the property I have mentioned. I have not received any consideration, nor do I expect any, for going on the undertaking in tlie above-mentioned case. I have not been indemnified. Sworn to, before me, this day of , 19 — . , Deputy County Clerk. JUVENILE COURT LAW. 2300. Petition. 2301. Petition under section 1, subdivision IS, Juvenile Court Law, 1915. 2302. Contributory complaint. 2303. Certification to juvenile court. 2304. Warrant. 2305. Bench warrant. 2306. Warrant for arrest of person having control of delinquent or de- pendent child. 2307. Citation. 2308. Waiver of service of citation. 2309. Waiver of service of citation and consent to adjudication as ward of the juvenile court. 2310. Notice of hearing petition. 2311. Affidavit of posting notice of hearing. 2312. Subpoena. 2313. Decree. 817 Juvenile Court Law. Form 2300 2314. Comnutraent to probation ofiacer. 2315. Commitment to reputable person. 2316. Commitment to private institution. 2317. Commitment to state school. 2318. Idaho — Commitment to industrial training school. 2319. Idaho — Clerk's certificate to be attached to commitment. 2320. Utah — Notice of hearing as to delinquent. No. 2300. Petition. [Title of Court.] The People of the State of California on Behalf of , , Alleged Ward — of the Juvenile Court. To the Above-entitled Honorable Court: Your petitioner, , respectfully represents: That there is now within the city and county of San Francisco, state of California, the following named person — , under the age of twenty-one years, to wit: Name. Age About. Name. Age About. That said person — comes within the provisions of subdivision — of section 1 of the juvenile court law of the state of California, ap- proved June 5, 1915. That petitioner is informed and believes, and therefore on informa- tion and belief alleges, that the facts bringing said person — within the provisions of such subdivision are: . That said person now in the custody and control of h . Til at the father of said person — is , who resides at , and the mother of said person — is , who resides at . Wlierefore, your petitioner prays that this honorable court set a time for the hearing of this petition; that be cited to appear at said time and bring with said person — , and to show cause, if any have, why such person — should not be adjudged a ward — of the juvenile court. And that this honorable court at such time inquire into the truth of the statements of fact herein alleged, and in pursuance of the stat- ute in such cases made and provided, make such order in the premises as to this honorable court may seem meet and proper. , Petitioner. State of California, City and County of San Francisco, — ss. , being duly sworn, deposes and says: That — ^he is the petitioner in the foregoing matter; that — he has read the foregoing petition and knows the contents thereof; that the same is true of knowledge, Form Book — 52 Form 2301 Cowdbry's Form Book. 818 except as to those matters therein stated on information or belief, and that as to those matters, — he believes the same to be tme. , Petitioner. Subscribed and sworn to before me this day of , 19 — A. D. Deputy County Clerk, Ex-officio Clerk of the Superior Court. [Endorsed :] Order Setting Time and Directing Citation to Issue. Upon the filing of the within and foregoing petition, the hearing of said petition is hereby set for the day of , 19 — , at • o'clock, in the noon of said day, in the superior court of the state of California, in and for the city and county of San Francisco, Department No. 2, Juvenile, at the courtroom of said court, at 2344 Sutter street, in the city and county of San Francisco, state of Cali- fornia. Citation shall issue requiring to be present at said time and to bring with said person. County Clerk and Ex-officio Clerk of the Superior Court. No. 2301. Petition Under Section 1, Subdivision 13, Juvenile Court Law, 1915. [Title of Court and Cause.] To the Above-entitled Honorable Court: Your petitioner, , respectfully represents: That there is now within the city and county of San Francisco, state of California, a person named ; That said person is under the age of twenty-one years, to wit, of the age of years; That said person comes within the provisions of subdivision 13 of section 1 of the juvenile court law of the state of California, approved June 5, 1915 ; That petitioner is informed and believes and therefore on informa- tion and belief alleges that the facts bringing said person within the provisions of such subdivision are: That said person, prior to the time of filing this petition, and on or about the day of , 19—, in the city and county of San Fran- cisco, state of California, did then and there willfully, unlawfully and , and that all of said acts of said person were and are contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California; That said person now in the custody and control of h . That the father of said person is , who resides at , and the mother of said person is , who resides at . 819 Juvenile Court Law. Form 2302 Wherefore, your petitioner prays that this honorable court set a time for the hearing of this petition; that be cited to appear at said hearing and bring with said person and to sliow cause, if any have, why such person should not be adjudged a ward of the juvenile court. And that this honorable court at such time inquire into the truth of the statements of fact herein alleged, and in pursuance of the stat- ute in such cases made and provided, make such order in the premises as to this honorable court may seem meet and proper. , Petitioner. State of California, City and County of San Francisco, — ss. -, being duly sworn, deposes and says: That — he is the peti- tioner in the foregoing matter; that —he has read the foregoing peti- tion and knows the contents thereof; that the same is true of — — • knowledge, except as to those matters therein stated on information or belief, and that as to those matters, —he believes the same to be true. Subscribed and sworn to before me this day of , 19— A. D. Deputy County Clerk, Ex-officio Clerk of the Superior Court. No. 2302. Contributory Complaint. [Title of Court and Cause.] Personally appears before me this day of , 19 — , , who on oath makes complaint and deposes and says, that on the ^ay of , 19 — , at the city and county of San Francisco, state of California, the crime of misdemeanor, to wit : Violating the provisions of section 21 of an act of the legislature of the state of California, approved June 5, 1915, entitled the juvenile court law, was committed by (whose real name unknown to this complainant) as f ollov/s : That said person did then and there, willfully and unlawfully com- mit certain acts which tended to cause and encourage one — — , a person under the age of twenty-one years, to come within the provisions of subdivision of section 1 of said juvenile court law and which contributed thereto, namely: , contrary to the form, force and effect of the statute in such cases made and provided and against the peace and dignity of the people of the state of California. And this complainant upon oath accuses the said , (whose real name unknown to this complainant) of having committed the said crime, and prays that the said accused may be brought before this honorable court and dealt with according to law. , Complainant. Residence . Subscribed and sworn to before me, this day of , 19 — . , Judge of the Superior Court. Forms 2303, 2304 Cowdery's Form Book. 820 It appearing to me that the offense in the within complaint mentioned has been committed, and that there is sufficient cause to believe the within named guilty thereof, I hereby order that — he be held to answer the same before the superior court of the state of California in and for the city and county of San Francisco, and that — he be ad- mitted to bail in the sum of dollars, and —he is hereby committed to the custody of the sheriff of the city and county of San Francisco, state of California, until — he gives such bail. , Judge of the Superior Court. No. 2303. Certification to Juvenile Court. [Title of Court and Cause.] To the Honorable the Superior Court of the State of California, in and for the City and County of San Francisco, Sitting in Depart- ment No. 2 Thereof, Juvenile. This is to certify: (a) That is (are) charged in the police court of the city and county of San Francisco, state of California, with the offense of to wit: . (b) That said person appears to be under the age of eighteen years and that the date of his birth is . (c) That on the day of , 19 — , proceedings against said person were suspended by reason of the fact that he appeared to be under the age of eighteen years. Wherefore, it is ordered that said defendant be forthwith taken before the juvenile court in the city and county of San Francisco, for consideration and proceedings under the juvenile court law of the state of California. Done in open court this day of , 19 — . , Judge of said Police Court. No. 2304. Warrant. [Title of Court and Cause.] The People of the State of California to Any Sheriff, Constable, Mar- shal or Policeman in this State, of the City and County of San Francisco. A complaint upon oath having been this day laid before me, Frank J. Murasky, Judge of the superior court, Department No. 2, Juvenile, by , alleging that the crime of misdemeanor, to wit : Violating sec- tion 21 of an act of the legislature of the state of California, approved June 5, 1915, and entitled the juvenile court law, has been committed, and accusing (real name unknown) thereof, you are therefore commanded forthwith to arrest the above-named accused (if pointed out) and to bring said person before this coiart forthwith, or if said court be not in session, before the nearest or most accessible superior judge in this city and county. 821 Juvenile Court Law. Form 2304 Witness my hand and seal of the superior court, Department No. 2, Juvenile, of the city and county of San Francisco, this day of , A. D. 19—. , Judge of the Superior Court. [Endorsed:] State of California, City and County of San Francisco. Superior Court, Department No. 2, Juvenile. The within-named defendant may be admitted to bail, by bond in the sum of dollars or by the deposit of dollars in coin. Judge of the Superior Court of the City and County of San Francisco, Juvenile. State of California, City and County of San Francisco, — ss. Superior Court. This warrant may served and executed day or night, and the arrest, as commanded in this warrant, is hereby authorized and directed to be made at any time of the day or night. Dated this day of , 19 — . Judge of the Superior Court of the City and County of San Francisco, Department No. 2, Juvenile. State of California, City and County of San Francisco, — ss. To the Honorable Superior Court of the City and County of San Fran- cisco. I, the undersigned police officer, do hereby make this my return to this warrant, and do hereby certify that I have executed and served this warrant by arresting the within-named defendant this day of , A. D. 19 — , who at the time of the arrest declares h — true name to be , and I do herewith bring said defendant before the Honorable the Superior Court as commanded in this warrant. Police Officer of the City and County of San Francisco. Form 2305 Cowdery's Form Book. 822 No. 2305. Bench Warrant. [Title of Court and Cause.] The People of the State of California, to any Sheriff, Constable, Mar- shal, Policeman or Special Officer in this State: A verified petition having been filed in the above-entitled court alleging that is a person coming within the provisions of the juvenile court law approved June 5, 1915, and it appearing to this court that in order to insure the attendance of said person at said court, it is necessary that a warrant of arrest do issue on the order of said court; Now, therefore, it is hereby ordered that a warrant do issue for the arrest of said person, and that until said person can be brought before said court, said person be detained in the place legally provided for the detention of persons of the age of said person. You are, therefore, commanded forthwith to arrest the above-named person and to bring said person before this court, or if the court be not in session you are commanded to deliver said person into the custody of the superintendent of the Juvenile Detention Home of this city and county, to be there detained until the next regnilar session of this court. Done in open court this day of , 19 — . , Judge of the Superior Court. State of California, City and County of San Francisco, — ss. I hereby certify that I received the within wan-ant on the • day of , 19 — , and that I executed the same by arresting the within named person and by bringing said person into court this day of , 19—. By . [On reverse side:] State of California, City and County of San Francisco, — ss. The within named may be admitted to bail, by bond, in the sum of dollars or by the deposit of dollars in coin. Judge of the Superior Court, Department 2, of the City and County of San Francisco. State of California, City and County of San Francisco, Superior Court, Department 2, — ss. This warrant may be served and executed day or night, and the arrest, as commanded in this warrant, is hereby authorized and di- rected to be made at any time of the day or night. Dated this day of , 19—. Judge of the Superior Court of the City and County of San Francisco. 823 Juvenile Court Law. Forms 2306, 2307 No. 2306. Warrant for Arrest of Person Having Control of Delinctuent or Dependent Child. [Title of Court and Cause.] The People of the State of California, to any Sheriff, Constable, Mar- shal, Policeman or Special Officer in this State: A verified petition having been filed in the above-entitled court charging with being a person under the provisions of the juvenile court law approved March 8, 1909, and amended April 5, 1911, and it appearing to this court to be necessary to insui'e the attendance of , the of said person, at said court, or to secure obedience to the orders of said court; Now, therefore, it is hereby ordered, that a warrant do issue for the arrest of said . You are therefore commanded forthwith to arrest the above named and to bring said before this court on the day of , 19 — , at o'clock in the noon of said day, the time for which the hearing of this matter is set. Done in open court this day of , 19 — . f Judge of said Superior Court. , County Clerk. By , Deputy Clerk. State of California, City and County of San Francisco, — ss. I hereby certify that I received the within warrant on the da^ of , 19 — , and that I executed the same by arresting the within named and by bringing said into court this day of , 19—. By . No. 2307. Citation. [Title of Coui't and Cause.] To , the of the Above-named Person. You are hereby notified that there has been filed in this honorable court a verified petition showing that the above-named person within said city and county and is (are) a person — coming within the provisions of the juvenile court law, approved June 5, 1915. Now, therefore, you are hereby cited and directed to appear before this honorable court, and bring with you and have then and there with you said person — on the day of , 19 — , at o'clock • M., at the courtroom of said Juvenile Court Building at No. 2344 Sutter street, San Francisco, California, and then and there show cause, if any you have, why said person should not be declared a ward of the juvenile court, and to further show cause, if any you have, why said court should not make an order commanding jon as the of said person to pay for the support and maintenance of said person in ac- cordance with the provisions of said juvenile court law. Forms 2308, 2309 Cowdery's Form Book. 824 And failure on your part to obey any of the commands herein will be held to be contempt of this honorable court. Witness the Honorable , Judge of said superior court, and the seal of this coiirt this day of , 19 — . Attest , Clerk. By , Deputy Clerk. [Endorsed:] State of California, City and County of San Francisco, — ss. being duly sworn, deposes and says: That he is a white male resident of said city and county, and over the age of twenty-one years; that he is not interested in the within matter, and is competent to be a witness upon the hearing of the within proceedings; that he served the within citation by showing the within original to each of the following named persons, and delivering a true copy thereof to each of persons, personally, on the day of , 19 — , at said city and county of San Francisco, to wit: . Subscribed and sworn to before me this day of , 19 — . , Deputy County Clerk. No. 2308. Waiver of Service of Citation. [Title of Court and Cause.] This is to certify that I, the undersigned, am the of the above- named person — ; that I do hereby waive service of citation on me, and do hereby consent to a hearing of the petition filed in the above- entitled cause before the above-entitled court on the day of • , 19—, at — M. San Francisco, California, 19 — . Witness to signature: No. 2309. Waiver of Service of Citation and Consent to Adjudication as Ward of the Juvenile Court. [Title of Court and Cause.] This is to certify that I am the of the above-named person; that I have read the petition in the above-entitled cause; that I fully understand the contents of the said petition and the purpose of the proceeding in which said petition was filed, especially as it con- cerns said person — , and any right I may have to the custody or con- trol of said person — ; that I hereby waive the issuance and service upon me of any notice or citation in said cause; that I consent to the hearing of said cause by the above-entitled court at any time it sees fit; and that I hereby indorse the said petition and do hereby request that said person — be declared ward — of the juvenile court, and that the said court do make such other or further order relating to 825 Juvenile Court Law. Foi-ms 2310-2312 the care, custody or control of said person — f or otherwise, as to it may seem meet and proper. San Francisco, California, , 19 — » Witness to signature: No. 2310. Notice of Heajing Petition. [Title of Court.] In the Matter of , an Abandoned Child. Notice is hereby given that has filed in the above-entitled court a verified petition praying that be declared and adjudged an abandoned child within the meaning of article IV, section 22 of the Constitution of the state of California and within the meaning of sec- tion 224 of the Civil Code of the state of California and that said petition has been set for hearing for the day of , 19 — , at the hour of o'clock and all persons interested are hereby notified to appear and show cause if any they have why said should not be declared an abandoned child as aforesaid. County Clerk and Ex-ofEcio Clerk of the Superior Court. By , Deputy Clerk. No. 2311. Affidavit of Posting Notice of Hearing. [Title of Court.] In the Matter of , an Abandoned Child. State of California, City and County of San Francisco, — ss. , being duly sworn, says that he is a white male citizen of the United States, over the age of eighteen years; that he is not a party to nor interested in the above-entitled matter; that on the day of , 19 — , he posted true and correct copies of the annexed notice which is hereby referred to, made a part hereof and marked Exhibit "A," in three of the most conspicuous places in the aforesaid city and county, to wit : In the United States Postoffice Building, at Seventh and Mission Streets, in the City Hall, Market Street, between Eighth and Ninth Streets, and the Hall of Justice, Kearny and Wasliington Streets. Subscribed and sworn to before me this day of , 19 — . No. 2312. Subpoena. [Title of Court and Cause.] The People of the State of California Send Greeting to: . We command you, that all and singular, business and excuses being set aside, you appear and attend before Honorable , Judge of the Form 2313 CowderyJs Form Book. 826 juvenile court of the city and county of San Francisco, state of Cali- fornia, at a session of said court to be held at the courtroom of said court in the Juvenile Court Building at No. 2344 Sutter Street, in the city and county of San Francisco, on the day of A. D. 19 — , at o'clock — M., then and there to testify in the above-entitled matter now pending in said juvenile court, and for failure to attend you will be deemed guilty of contempt of court, and liable to pay all losses and damages sustained thereby to the parties aggrieved, and forfeit one hundred dollars in addition thereto. By order of our superior court this day of , A. D. 19 — . Attest my hand and the seal of said court the year and day last above written. , Clerk. By , Deputy Clerk. No. 2313. Decree. [Title of Court and Cause.] , a resident of the city and county of San Francisco, state of California, having filed herein a duly verified petition, praying that the above-named person — be declared dependent person — and dealt with in accordance with the provisions of the "juvenile court law." And said petition coming on regularly for hearing on the day of , 19—. And it appearing to the satisfaction of the court that is the of the above-named dependent person — and that the mother of said person — is . That said dependent person is aged about years; and said dependent person is aged years. That due and legal notice of the hearing of said petition was given ■ the , and the of said person — and that due and legal notice of the hearing of said petition was given to , the having the care and custody of said person — . And it appearing to be for the best interests of said person — that be committed to the care and custody of And it appearing that said as the of said dependent person — is able to pay for the support and maintenance of said de- IDcndent person — the sum of . It is therefore ordered, adjudged and decreed that said dependent person be and hereby declared dependent person — within the meaning of the "juvenile court law" and that said de- pendent person — be and hereby committed to the care and custody of the . And it is further ordered, adjudged and decreed that the of said dependent person — , be and hereby is ordered and directed to pay to the city and county of San Francisco, state of .California, the sum of for the support and maintenance of said . 827 Juvenile Court Law. Forms 2314, 2315 And said hereby ordered to exercise no control over said de- pendent person . Done in open court this day of , 19 — . , Judge of the Superior Court. No. 2314. Commitment to Probation Officer. [Title of Court and Cause.] The above-named person — , , having been regularly brought before the above-entitled court on the day of , 19 — , upon the verified petition of , the of said person , due and legal notice having been given to all parties entitled thereto; and It duly appearing to the said court that said person — come — within the terms of subdivision of section 1 of the juvenile court law, approved June 5, 1915, that — he — should be adjudged ward — of the juvenile court, and that said court sliould make such further order as may be necessary for the care of said ward — ; Now, therefore, it is hereby expressly found that all statements of fact contained in said petition are true, and It is hereby ordered, adjudged and decreed that said ward — of the juvenile court and that — he^ be and hereby committed to the care of the probation officer of the city and county of San Fran- cisco; That said ward — shall be and remain in the home of ■ at . That said ward — shall be subject to the visitation of and shall re- port to the said probation officer as often as said probation officer may require and shall be subject to be returned to the above-entitled court for further proceedings whenever such action may appear neces- sary or desirable to said probation officer. Done in open court this day of , 19 — . , Judge of the Superior Court. No. 2315. Commitment to Reputable Person. [Title of Court and Cause.] The above-named person , having been regularly brought before the above-entitled court on the day of , 19—, upon the veri- fied petition of , the of said person having been cited to appear at said hearing by service of citation (or having waived service of citation), due and legal notice having been given to all parties entitled thereto, and It duly appearing to the said court that said person comes within the terms of subdivision of section 1 of the juvenile court law, ap- proved June 5, 1915, that — he should be adjudged a ward of the juvenile court, and that said court should make such further order as may be necessary for the care of said ward. Now, tlierefore, it is hereby expressly found that all the statements of fact contained in said petition are true and Fonn2316 Cowdery's Form Book. 828 It is hereby ordered, adjudged and decreed that said is a ward of the juvenile court; that — he be and hereby is committed to the home and care of , residing at , a reputable person of good moral character, until said person attains the age of twenty-one years on the day of , 19 — , unless legally discharged; and This court, finding that , the of said person is able to pay toward the cost of the support and maintenance of said person the sum of dollars per month, It is hereby further ordered that said do pay monthly, in ad- vance, for the expense of the support and maintenance of said ward to the sum of dollars per month, beginning on the day of , 19 — , and continuing so long as said person shall remain in such care, or until the further order of this court. Done in open court this day of , 19 — . , Judge of the Superior Court. No. 2316. Commitment to Private Institution. [Title of Court and Cause.] The above-named person — , , having been regularly brought before the above-entitled court on the day of , 19 — , upon the veri- fied petition of , the of said person — having been cited to appear at said hearing by service of citation (or having waived service of citation), due and legal notice having been given to all parties en- titled thereto, and It duly appearing to the said court that said person — come — within the terms of subdivision of section 1 of the juvenile court law, approved June 5, 1915, that — he — should be adjudged ward — of the juvenile court, and that said court should make such further order as may be necessary for the care of said ward — ; Now, therefore, it is hereby expressly found that all statements of fact contained in said petition are true and It is hereby ordered, adjudged and decreed that said is (are) — ward — of the juvenile court; that — he — be and hereby is (are) icommitted to the care of , a corporation embracing within its objects the purpose of caring for or obtaining homes for such persons and willing and able to receive and care for said ward, until said person — attain — the age of twenty-one years; and This court, finding that , the of said person — is able to pay toward the cost of the support and maintenance of said person — • the sum of dollars per month, It is hereby further ordered that said do pay monthly, in ad- vance, for the expense of the support and maintenance of said ward — to the probation officer of the city and county of San Francisco, the sum of dollars per month, beginning on the day of , 19—, and continuing so long as said person — shall remain in such care, or until the further order of this court; And this court further finding that said is unable to pay the whole expense of the support and maintenance of said Avard- -, it is 829 JuvKNiLE Court Law. Form 2317 hereby further ordered that the sum of dollars be paid monthly in advance from the county treasury of the city and county of San Francisco to beginning on the day of , 19 — , and con- tinuing for a period of six months from said date. Done in open court this day of , 19 — . , Judge of the Superior Court No. 2317. Commitment to State School. [Title of Court and Cause.] The above-named person , having been regularly brought before the above-entitled court on the day of , 19—, upon the verified petition of , the of said person having been cited to appear at said hearing by service of citation (or having waived service of citation), due and legal notice having been given to all parties entitled thereto; and It duly appearing to the said court that said person comes within the terms of subdivision of section 1 of the juvenile court law, ap- proved June 5, 1915, that —he should be adjudged a ward of the juvenile court, and that said court should make such further order as may be necessary for the care, custody and control of said ward; Now, therefore, it is hereby expressly found that all the statements of fact contained in said petition are true and that the welfare of said person requires that h — custody and control be taken from h ; and It is hereby ordered, adjudged and decreed that said is a ward of the juvenile court; that h be and hereby is (are) wholly de- prived of the custody and control of said person and that — he be and hereby is committed to the care, custody and control of the until said person attains the age of twenty-one years on the day of - — , 19 — , unless sooner legally discharged, provided that said person, if a boy, may, iipon the agreement of the superintendents of the Preston School of Industry and the Whittier State School, be transferred from one institution to the other without the further order of this court ; and This court, finding that , the of said person is able to pay toward tlie cost of the support and maintenance of said person the sum of dollars per month, It is hereby further ordered that said do pay monthly, in ad- vance, for the expense of the support and maintenance of said ward to the probation officer of the city and county of San Francisco, the sum of dollars per month, beginning on the day of , 19—, and continuing so long as said person shall remain in such custody and con- trol, or until the further order of this court; And this court further finding that said is unable to pay the whole expense of the support and maintenance of said ward, it is hereby further ordered that the sum of dollars be paid monthly from the county treasury of the city and county of San Francisco to , begin- ning: on the day of , 19 — , and continuing for a period of six months from said date; Form 2318 Cowdery's Form Book. 830 And it is hereby further ordered that the sheriff of the city and county of San Francisco do forthwith take into custody said and deliver said person to the superintendent of the said state school, together with this commitment, and this is to authorize the said state school to re- ceive, safely keep, support and maintain said person in its custody and control until — he attains the age of twenty-one years, unless sooner legally discharged. Done in open court this day of , 19 — ■. , Judge of the Superior Court. (N, B.: The original commitment must be filed with the county clerk. A certified copy should be delivered, with the person committed, to the sheriff.) Name . Date of birth . Place of birth . [If foreign bom, state country, and number of years he has been in the United States.] Parents — Divorced? . Living apart? . Father: Name . Living? . Address . Place of birth— United States? . Foreign? • . [If for- eign born, state country, and number of years he has been in the United States.] Occupation . Character — Intemperate? . In jail or prison? , Mother: Name . Living? . Address, if divorced, remarried, or living apart from husband . Place of birth— United States? . Foreign? . If for- eign born, state country, and number of years she has been in the United States.] Charactei- — Intemperate? . In jail or prison? . If parents are dead, or lost, name and address of guardian or ncnr rela- tives . Defendant's character — Use tobacco? . Cigarettes? . In- temperate ? . Former convictions . Witness my hand this day of , 19 — . , Judge. No. 2318. Idaho — Commitment to Industrial Training School. [Title of Court and Cause.] State of , County of , ss. Be it remembered that on the day of , 19 — , , a minor of said county, under the age of eighteen years, was charged with the crime of , and upon trial was convicted of said offense; and, after an examination, the court finds that said is a suitable pei-son to be 831 Juvenile Court Law. Forms 2319, 2320 committed to the instruction and discipline of the Idaho Industrial Training School. And I further find that the said is a resident of said county of ^ and will be years of age on the day of , 19 — ; that the name of his father is , whose residence is , and whose occu- pation is ; that the name of his mother is , whose residence is , and whose occupation is . I further find and liereby certify that said resided with — , in -, county of , in the state of Idaho, when arrested for said of- fense. The facts in relation to said matter are as follows; That, aside from his father and mother, the names of his next near relatives and their residences are as follows: . Now, therefore, in view of the premises aforesaid, and the judgment of conviction entered herein, it is hereby ordered that said be and he is hereby committed to the Idaho Industrial Training School, located at St. Anthony, in the state of Idaho, until he attains the age of twenty- one years, or until he is legally discharged by the board of ti-ustees of said school. I therefore command you, , that you take such boy and deliver him without delay to the superintendent of said school, or any other per- son in charge thereof. Witness my hand this day of , 19—. [Official signature.] No. 2319. Idaho— Clerk's Certificate to be Attached to Conumtment. State of , County of , ss. T , clerk of the court, do hereby certify that the Honorable -, whose signature is appended to the foregoing order of commitment. was, at the date thereof, and now is, the judge of the court. In witness whereof I have hereunto set my hand and affixed the seal of said court this day of , 19 — . [Seal] • > Clerk. NOTE.— See Idaho Rev. Codes 1907, sec. 824. No. 2320. Utah — Notice of Hearing as to Delinq[uent. [Title of Court and Cause.] To . You are hereby notified to appear within two days after the service of this notice upon you, if served within the county wherein the above proceeding is pending; otherwise, within five days, and assert nnd de- fend any rights to custody, control, or guardianship you may have or claim over or in the above-named child; otherwise, your default will be entered and the court will proceed to hear and determine your said vi"-hts, or supposed rights, in accordance with the law and the evidence. , Clerk. NOTE.— See Utah, Comp. Laws 1907, sec._720x 5, Amendta. 1909, p. .^27. i'orm2350 Cowdery 's Form Book. 832 KEEPING THE PEACE. 2350. Information for threatened offense. 2351. Warrant of arrest for threatened offense — WasMngton. 2352. Undertaking, or peace hond. 2353. Commitment to keep the peace — Oregon. No. 2350. Information for Threatened Offense. Before , a Justice of the Peace of ToAA'nship, County of f State of , as Magistrate. [Title of Court and Cause.] , being duly sworn, makes complaint under oath, lays this his in- formation before the magistrate above named, and says that on the day of , 19 — , in the county of , state of , the crime of mis- demeanor, namely, a threat to commit an oifense against the person of complainant, was committed, to wit, by , who then and there, at the of , in said county and state, did willfully and unlawfully threaten to kill this complainant, and, at said time and place, exhibited a , and said that he would the complainant as soon as he found him, and that he was then looking for complainant; and complainant further says that he has just cause to fear, and does fear, that the said will carry said threat into execution as soon as he meets complain- ant, contrary to the form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of . Wherefore affiant prays that your Honor, as such magistrate, examine affiant under oath, and any witnesses he may produce, and take their depositions in writing, as prescribed by law; and that a warrant be issued for the arrest of said , and that he be dealt with according to law. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Pen. Code, sec. 701. See Alaska, Comp. Laws 1913, sec. 2452; Arizona, Rev. Stats. (Pen. Code 1913), sec. 760; California, Pen. Code, sec. 701; Idaho, Rev. Codes 1907, sec. 7380; Montana, Rev. Codes 1907, sec. 8941; Nebraska, Rev. Code 1913, sec, 8921 et seq.; Nevada, Rev. Laws 1912, sees. 6874-6876; North Dakota, Comp. Laws 1913, see. 10,408 et seq.; Oklahoma, Harris & Day's Code 1910, see. 5563 et seq.; Oregon, Lord's Oregon Laws, see. 1806 et seq.; South Dakota, Comp. Laws 1913, sec. 7049 et seq.; Utah, Comp. Laws 1907, sec. 4522; Washington, Rem. Code, sec. 1936 et seq.; Wyoming, Comp. Stats. 1910, sec. 6301 et seq. 833 Keeping the Peace. Forms 2351-2353 No. 2351. Warrant of Arrest for Threatened Offense— Washington. State of , County of , ss. To the Sheriff or any Constable of said County. Whereas has this day complained in writing under oath to the undersigned, one of the justices of the peace in and for said county, tliat he has just cause to fear, and does fear, , late of the said county, will : Therefore, in the name of the state of , you are commanded to apprehend the said , and bring him forthwith before me, to show cause why he should not give surety to keep the peace and be of good, behavior toward all people of this state, and the said especially, and further to be dealt with according to law. Given under my hand this day of , 19 — . , Justice of the Peace. NOTE.— See Wash. Rem. Code, sec. 1935. No. 2352. Undertaking, or Peace Bond. Know all men by these presents that we, , of , county of , state of , and and , of the same place, are, and each of ns is, justly indebted to the people of the state of , in the sum of five thousand (5,000) dollars. Sealed with our seals and dated this day of , 19^. The condition of the above obligation is such that whereas the above- bounden has been held to keep the peace by order of , a jus- tice of the peace of township, county of , state of , made on the day of , 19 — : Now, if the above-bounden shall well and truly keep the peace toward the people of the state of , and particularly toward , of said township and county, for the space of six months from the date of said order, then this obligation is to be null and void; otherwise, to remain in full force and effect. [Signatures.] Witnessed by me, and approved by me, this day of , 19 — . [Official signature.] NOTE.— See Cal. Pen. Code, sec. 706. This undertaking may be with one or more sufficient sureties, but not to ex- ceed in amount that fixed by statute. In Nebraska, no particular bond is re- quired, except that the sureties must answer for defendant's "good behavior." No. 2353. Commitnlent to Keep the Peace — Oregon. In the Name of the State of . To the Sheriff of the County of , Greeting. An order having been this day made by me that give an under- taking in the sum of dollars ($ ), as security to keep the peace Form Book — 53 Form 2364 Cowdery's Form Book. 834 and abide the order of the court for the county aforesaid, and the said having failed to give such undertaking, you are therefore com- manded to receive him into your custody, and detain him until legally discharged. Dated at this day of , 19 — . , Justice of the Peace. NOTE. — Alaska, Comp. Laws 1913, sec. 1178; Oregon, Lord's Oregon Laws, see. 1822. In Alaska, the commitment is, "In the Name of the United States of America"; the direction is, "To the United States Marshal for the District of Alaska, greeting"; and the title of the committing officer, if a justice of the peace, is, "Commissioner and ex-ofQeio Justice of the Peace." LABORERS' CLAIMS. 2364. Verified statement of laborer's claim. 2365. Verified statement denying claim for labor. 2366. Notice to assignee of preferred claim for labor done. 2367. Notice to otficer of laborer's claim. 2368. Notice to creditor or defendant of laborer's claim. 2369. Notice to oflacer that laborer's claim is disputed by creditor, 2370. Notice to officer that laborer's claim is disputed by defendant. 2371. Notice to claimant that claim is disputed. No. 2364. Verified Statement of Laborer's Claim. (Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that within sixty days next preceding the date of the levy of the writ of attaclmient against the property of said defendant in the above-entitled action, to wit, on the day of , 19 — , he rendered services as a miner [or, mechanic, salesman, ser- vant, clerk, or laborer] for said defendant, and that there is now due and owing to him from said defendant for said labor tlie sum of dollars ($ ). Dated the day of , 19 — . [Signature.] Subscribed and sworn to [etc.], [Official signature,] NOTE,— See Cal. Code Civ. Proc, flee. 1206. A copy of this statement is to be filed with the officer executing the writ of attachment or execution, one to be given to the debtor, and one to the credi- tor. If the claim is not disputed, it must, to the extent of one hundred dollars ($100), be paid by the officer from the proceeds of such levy remaining in hia liands at the time of the filing of such statement. 835 Laborers' Claims. ForiiLs 2365-:"^367 No. 23G5. Verified Statement Denying Claim for Labor. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that no part of the verified claim for dollars ($ ), for labor claimed to have been performed by for said defendant, as a miner [or, mechanic, salesman, servant, clerk, or laborer] within sixty days next preceding the levy of attachment in the above-entitled action, ap:ainst said defendant, on the day of , 19 — , is justly due from him to said defendant, and that said de- fendant is not indebted to said claimant in any sum whatever for ser- vices rendered witliin sixty days next preceding the levy of said writ [or, if only a part of the claim is disputed, deny that any part of such claim beyond a specified sum is so due]. Dated the day of , 19-. [Signature.] Subscribed and sworn to [etc.]. ^^^^.^^ signature.] NOTE.— See Cal. Code Civ. Proc, sees. 904, 1206, 1207; Arizona, Rev. Stats. 1913, par. 3679; Idaho, Eev. Codes 1907, sees. 5147, 5148; Montana, Rev. Codes 1907, sees. 7304, 7306. No. 2366. Notice to Assignee of Preferred Claim for Labor Done. [Title of Court and Cause.] To , Assignee of . Please take notice that within sixty days previous to the time of th«^ assignment of to you on account of his, 's, inability at tlie time of said assignment to pay his debts, the undersigned performed labor for him as a miner, working for him in the mine, at , county, , and the amount due the undersigned is dollars ($ ), for which amount the undersigned claims a preference. Dated , 19—. [Signature.] NOTE. — See Cal. Code Civ. Proc, sec. 1204. No. 2367. Notice to Officer of Laborer's Claim. [Title of Court and Cause.] To H. W., Esq. [Sheriff or Constable] : You will please take notice, that within sixty days next preceding the date of the levy by you of the writ of attachment against the property of said defendant in this action, I rendered labor as a miner for said defendant, and there is due me from him for said labor the sum of one hundred dollars; and you are hereby directed to withhold said amount from the proceeds of said property attached, and to pay the same to me on said labor account. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1204-1207. Forms 2368-2371 Cowdery's Form Book. 836 No. 2368. Notice to Creditor or Defendant of Laborer's Claim. [Title of Court and Cause.] To W. S., Defendant [or to the Plaintiff Creditor] : You will please take notice, that J. W. has presented a claim, under oath, for one hundred dollars, which he claims is due to him from the defendant herein for labor as a miner, within sixty days next preceding the levy of the attachment writ herein. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1204-1207. No. 2369. Notice to Officer That Laborer's Claim is Disputed by Creditor. [Title of Court and Cause.] To H. W. [Sheriff or Constable] : You will please take notice, that I dispute the entire claim made by J. W., for one hundred dollars, for labor claimed to have been performed by him for the defendant as a miner, in this action, within sixty days next preceding the date of the levy by you of the writ of attachment herein. No part of said claim is justly due from the defendant to the claimant. _„. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1204-1207. No. 2370. Notice to Officer That Laborer's Claim is Disputed by De- fendant. [Title of Court and Cause.] To H. W. [Sheriff or Constable] : You will please take notice, that I dispute the entire claim made by J. W., for one hundred dollars, for labor claimed to have been performed by him for me as a miner; you are notified that I am not indebted to him to the value of anything on account of labor performed within sixty days next preceding the date of the levy by you of the writ of attach- ment herein. No part of said claim is justly due from me to said claimant. ^o- . -, [Signature.] NOTE.— California, Code Civ. Proc, sees. 1204-1207. No. 2371. Notice to Claimant That Claim is Disputed. [Title of Court and Cause.] You are hereby notified, that the defendant [or plaintiff] herein dis- putes the validity of your claim for one hundred dollars, notice of which you have heretofore served me with; and unless you commence action to test the validity of your claim, and prosecute the same with reason- able diligence, within ten days from the date hereof, it will be barred as a preferred claim, under the writ of attachment [or execution] herein. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1204-1207. 837 Landlord and Tenant. Forms 2377-2379 LANDLORD AND TENANT. See Leases; Unlawful Detainer. 2377. Acknowledgment of tenancy. 2378. Notice of quitting premises by tenant. 2379. Notice to quit by landlord. 2380. Notice of change of terms of lease. 2381. Notice of interest by one in possession. 2382. Notice of termination of tenancy at will. 2383. Notice to pay rent or surrender possession. 2384. Notice to perform covenants of lease. 2385. Notice to deliver possession at end of term. 2386. Notice terminating tenancy. No. 2377. Acknowledgment of Tenancy. I, , hereby acknowledge that is the owner of the premises described as follows, to wit: ; and I declare that I occup}' said prem- ises as tenant at will of the said , and that I will surrender the said premises upon the written order of said owner upon ten days' notice. Dated this day of , 19 — . [Signature.] NOTE.— See Cal. Civ. Code, see. 1946. A notice to quit, where real property is hired for a term not specified, must be at least as long before the expiration thereof as the term of the hiring itself. A hiring of real property other than lodgings and dwelling-houses, in places where there is no usage on the subject, is presumed to be for one year from its commencement. But a hiring of lodgings or a dwelling-house for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of rent. Thus a hiring at a monthly rate of rent is presumed to be for one month. In the absence of any agreement re- specting the length of time or the rent, the hiring is presumed to be monthly: See Cal. Civ. Code, sees. 1943, 1944, 1946. No. 2378. Notice of Quitting Premises by Tenant. To G. J., Landlord: Please take notice that I shall quit possession, and deliver np the premises now held and occupied by me, being the premises [description], at the end of the next month of my monthly tenancy of said premises, to wit, on the fifth day of May, 1917, as I intend to remove therefrom, and to terminate the said tenancy. Dated [Signature.] No. 2379. Notice to Quit by Landlord. To W. B.: Take notice that you are hereby required to quit and deliver up to me the possession of the premises now held and occupied by you, being the premises known as [or situated] [description], at the expiration of the month [or week, or year, as may be] of your monthlj' tenancy of said premises, commencing on the fifth day of April, 1917, and ending on the Forms 2380-2383 Cowdery's Form Book. 838 fifth day of May, 1917. This is intended as a month's notice to quit, for the purpose of terminating your tenancy aforesaid. Dated . [Signature.] No. 2380. Notice of Change of Terms of Lease. To J. R., Esq. : You are hereby notified that on the fifteenth day of January, 1917, the terms of your lease of the premises you occupy, under tenancy from month to month, situate in the city and county of San Francisco, and described as follows, to wit : All that certain store on the northerly side of Washington street, between Sansome and Montgomery, and desig- nated and known by the No. 536 Washington street, will be changed as follows, to wit: The monthly rent thereof will be two hundred and fifty dollars. United States gold coin, per month, payable monthly, in advance, on the six- teenth day of each and every month you continue to hold possession thereof, after said date, instead of the sum of fifty dollars heretofore paid by you. Dated December 15, 1916. [Signature.] NOTE'.— Section 827 of the Civil Code of California provides for changing terms of lease or tenancy from month to month arbitrarily; and the amount t>i which the rent may be raised is unlimited in those cases specially authorized by the statute. No. 2381. Notice of Interest by One in Possession. To All Whom It may Concern. Please take notice that I am in the possession of the following de- scribed premises, namely: ; and that I have been in the possession thereof since , 19 — , adversely to , who claims to own the same. Dated , 19—. [Signature.] No. 2382. Notice of Termination of Tenancy at Will. To A. B., Tenant in Possession: You will please take notice that the tenancy under which you hold possession of the property described as follows [description], is by this notice terminated, and you are notified to remove from said premises within the period of thirty-five days from and after the third day of June, 1917. Dated . C. D. No. 2383. Notice to Pay Rent or Surrender Possession. To J. R. H., Tenant in Possession: You are hereby required to pay the rent of the premises hereinafter described, and which you now hold possession of, amounting to the sum 839 Landlohd and Tenant. Forms 2384, 2385 of forty dollars, being the amount now due and owing to me by you for one month's rent, from the twentieth day of September, 1917, to the twentieth day of October, 1917, within three days from date hereof, or deliver up possession of the same to F. S., my agent, who is hereby authorized to receive possession thereof, or the rent, due and unpaid, from you, or I shall institute legal proceedings against you to recover possession of said premises, with treble rents. Said premises are situated in tlie city and county of San Francisco, and described as follows: All that certain frame dwelling-house situate at the northeasterly corner of Clay and Webster streets; said premises having one hundred feet frontage on Webster street, and twenty-five feet on northerly line of said Clay street, and having the entrance on said Clay street, said premises being designated and known by the No. 2348 Clay street. Dated . A. B. NOTE. — The above is in conformity with Code of Civil Procedure of Cali- fornia, section 1161. It is not necessary to say in such notice that the prem- ises must be surrendered within three days. The codes direct that three days' notice shall be given. In tenancies at will the time must be stated: Civ. Code, sec. 789. No. 2384. Notice to Perform Covenants of Lease. To B. M., Esq.: Yon are notified that in the lease under which you hold the premises No. 2404 Mission street, city and county of San Francisco, as my tenant, you covenanted that you would give the dwelling-house and outliouses and front fence on said premises two coats of good paint, the second as soon as the first is dry, every tliird year, commencing January 1, 1917 ; that you have violated said lease by neglecting to paint the houses and fence on said premises at all. Now, this is to notify you that you are required to give said dwelling-house, outhouse, and front fence, two good coats of paint, as you covenanted to do as aforesaid, or deliver up possession of the same to the undersigned, or I sliall institute legal pro- ceedings against you to recover possession of said premises. Yours truly, A. B. NOTE.— California, Code Civ. Proc, sec. 1161. The notice may be varied 60 as to embrace every possible covenant in a lease. In all cases it is good practice to copy from the lease into the notice the covenant which is violated. No. 2385. Notice to Deliver Possession at End of Term. To , Tenant in Possession. You are hereby notified that on the day of , 19—, your lease or tenancy for the premises you hold possession of, situate in the county of , stat«i of , and described as follows, to wit : will termi- Form 2386 Cowdery 's Form Book. 840 nate and end, and you are requested and required to deliver possession thereof to , on said day of , 19 — . Dated this day of , 19 — . [Signature.] NOTE. — If any tenant willfully holds over after demand made and one month's written notice to surrender possession, he is answerable for treble rent during the time he continues in possession after such notice: See Cal. Oiv. Code, sec. 3345. No. 2386. Notice Terminating Tenancy. CD. You are hereby notified that on the first day of September, 1917, your lease or tenancy for the premises you hold possession of, situate in the city and county of San Francisco, state of California, and described as follows, to wit [description], will terminate and end, and you are re- quested and required to deliver possession thereof to Mr. R., on said first day of September, 1917. Dated . A. B. LEASES. See Probate Lease. 2400. Common form of lease. 2401. Lease with covenants as to underletting, waste and repairs. 2401a. Lease for time certain, with privilege of extension terminable on notice. 2402. Farm lease on shares. 2403. Lease, with covenant by lessee to build. 2404. Lease with covenant by lessor to build. 2405. Lease with provision for holding over. 2406. Short form of lease. 2407. Surrender of lease. 2408. Lease, by state to individual, of mineral land — Washington, 2409. Lease of mining claim. 2410. Lease of oil land. 2411. Covenant to pay rent. 2412. Covenant to pay taxes. 2413. Covenant to repair. 2414. Covenant as to holding over. 2415. Covenant excepting right of way. 2416. Covenant excepting timber, etc., on premises. 2417. Covenant excepting waterway. 2418. Covenant that lessee may deduct taxes and charges of repairs out of rent. 2419. Covenant to renew lease. 2420. Covenant not to assign, underlet, alter or improve without license from lessor. 2421. Covenant not to lop trees, etc. 2422. Covenant not to carry on noxious or offensive trade, nor permit It to be done. 2423. Covenant to expend a stated sum, in a given time, for repairs. 2424. Covenant that landlord may enter to inspect premises, etc. 2425. Covenant that landlord may enter to make inventory, etc. 2426. Covenant to deliver possession. 841 Leases. Form 2i00 2427. Covenant to erect Tsrick buildings. 24:28. Covenant to insure. 2429. Covenant to occupy premises. 2430. Covenant to repr.ir, after notice. 2431. Covenant to repair, lessor finding materials. 2432. Covenant to restore personal property. 2433. Covenant for quiet enjoyment. 2434. Covenant that lessee may quit. 2435. Covenant to sell iniieritance to lessee upon request. 2436. Proviso for lease to lie void upon death of lessee. 2437. Proviso that either party may determine lease on giving pre^orihed notice. 2438. Proviso that landlord may re-enter upon nonpayment of rent or assignment of lease without license. 2439. Proviso that lease may be determined at option of lessor. 2449. Proviso that lessee may determine lease, and how. 2441. Proviso that lessee may purchase premise:,. 2442. Proviso that lessor may enter for nonpayment of rent, or commis- sion of waste, etc. 2443. Grout of additional term, 2444. Lease of furniture. 2445. Lease of goods. 2446. Contra<;t of surety for payment of rent. 2447. Complaint on promise to pay in consideration of surrender of lease. 2448. Complaint for breach of covenant of quiet enjoyment. 2449. Complaint for hire of furniture. 2450. Complaint for rent of land — Justice's court. 2452. Covenant excepting leasehold in case of execution or bankruptcy. 2453. Notice to perform covenants of lease. 2454. Contract by landlord. 2455. Contract by tenant. No. 2400. Common Form of Lease. This lease, made on the day of , 19—, between , of the county of , state of , lessor, and , of said county and state, lessee, witnesseth: That the lessor, for and in consideration of the rents, covenants, and ag:i-eemGnts hereinafter mentioned, reserved and contained on the part and behalf of the lessee to be paid, kept, and performed, does by these presents grant, demise, and let unto the said lessee all that certain . To have and to hold the said premises, with the appurtenances, unto the said lessee, from the day of , 19—, for and during the full term of years thence next ensuing, and fully to be complete and ended; yielding and paying therefor unto the said lessor monthly, and every month during the said term, the monthly rent or sura of dol- lars ($ ), in United States gold coin, in advance, on the first day of each and every month, and so in proportion for any less time than a month. Provided always, nevertheless, that if the rent above reserved, or any part thereof, shall be in arrear or unpaid on any day of payment whereon the same ought to be paid as aforesaid, or if default shall be made in any of the covenants herein contained on the part or behalf of the said lessee to be paid, kept, or performed, then and from thence- forth it shall and may be lawful for tlie said lessor into and upon the Form 2400 Cowdery's Form Book. 842 said premises, and every part thereof, wholly to re-enter, and the same to liave again, repossess, and enjoy as in his or their first and former estate, anything hereinbefore contained to the contrary thereol; in any wise notwithstanding. And the said lessee does hereby covenant and agree to and vrith the said lessor that the said lessee shall and will monthly, and every month during the said term, well and truly pay, or cause to be paid, unto the said lessor, the said rent, on the days and in the manner limited and prescribed as aforesaid for the payment tliereof, without any deduction, fraud, or delay, according to the true intent and meaning of these presents; nor assign this lease, nor permit any other persons to improve the demised premises, or make or suffer to be znade any alteration therein but with the approbation of the lessor's consent in writing having been first obtained; and that on the last day of said term, or other sooner determination of the estate hereby granted, the said lessee shall and will, peaceably and quietly, leave, surrender, and yield up unto said lessor the said premises, in as good state and condi- tion as the same are now or may be put into, reastnable use and wear thereof and damage by the elements excepted. And the said lessor does hereby covenant and agree that the said les- see, pa5dng the said rent and performing the covenants and agreements aforesaid, shall and may at all times during the said term, peaceably and quietly have, hold, and enjoy the said premises, without any manner of let, suit, trouble, or hindrance of or from the said lessor, or any other person or persons whomsoever. It is further agreed that all provisions of this lease shall extend to and include the heirs and assigns of the lessor, and the executors, admin- istrators, and assigns of the lessee. In witness whereof the said parties have hereunto set their hands the day and year first above written. [Signatures.] [Acknowledgment.] NOTE. — If a person desires to have his lease recorded, it must be acknowl- edged the same as a deed. Leases for long terms should be recorded; but if the lease is for less than one year, it may be either verbal or written. If it i3 written, but not intended to be recorded, acknowledgment is unnecessary. It is provided by statute that every conveyance of real property, "other than a lease for a term not exceeding one year," is void as against any subsequent pur- chaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless such conveyance shall have been duly recorded prior to the record of notice of action: See Cal. Civ. Code, Bee. 1214. 843 Leases. Form 2401 No. 2401. Lease With Covenants as to Underletting, Waste and Re- pairs. This lease, dated this day of , 19—, made between , lessor, and , lessee, witnesseth: That said lessor, in consideration o£ the rents and covenants herein- after agreed to be paid and performed by said lessee, does hereby de- mise, lease, and let, and said lessee does hereby hire and take from said lessor, all that real property situate in the county of , state of , described as follows: . With all improvements thereon and appurtenances thereto. To have and to hold said premises, with the appurtenances, tor the term of , namely, from the day of , 19 — , to the day of , 19—, at and 'for the rent of dollars ($ ), and so in proportion for any less time than a month, payable . And said lessee does hereby covenant and agree that he will pay said rent as above specified to said lessor during the full term of tliis lease, and for such further time as he shall continue to occupy said premises; that he will not assign this lease, nor let nor underlet the whole or any part of said premises, without the written consent of said lessor; that he will not commit or suffer any waste of said premises, nor make any alterations thereon, without the written consent of said lessor; that, at the termination of this lease, he will quit and surrender said premises in as good condition as reasonable use and wear thereof will permit, damage by the elements excepted; and that said lessor, and his agents and servants, may at all reasonable times enter upon said premises to view the same and to make repairs thereon. And said lessor does hereby covenant that, upon the payment of the rent and the performance of all covenants by said lessee to be paitl and performed as above set forth, said lessee shall, peaceably and quietly, hold and enjoy the above-described premises during the full term herein- above specified. It is further covenanted and agreed that if default be made in tlie payment of the rent as above specified, or in the keeping of any of the covenants herein agi'eed to be kept by said lessee, then it shall be lawful for said lessor, at his option, to terminate this lease, and to re-enter upon said premises and to remove all persons therefrom. The word "lessor," wherever it occurs in this lease, shall include his heirs and assigns; and the word "lessee" herein shall include his execu- tors, administrators, and assigns. Witness the names of said lessor and lessee hereunto signed, the day and year first above written. [Signatures.] [Acknowledgment.] Forms 2401a, 2402 Cowdery's Form Book. 844 No. 2401a. Lease for Time Certain, With Privilege of Extension Termin- able on Notice. hereby demises and leases to , and the said hereby takes, the house, No. street, in the town of , county of , state of , for months, eonmiencing on the day of , 19 — , at the monthly rent of dollars ($ ) and so in proportion for any less time than a month, payable , the first payment to be made on the day of , 19—, and for such further time, after the ex- piration of the said months, until the end of three months after notice of termination of tenancy shall be given by either of the said parties to the other of them for leaving the said premises. And the said hereby promises, for himself, his heirs, executors, administrators and assigns, to pay said rent as agreed for so long time as he shall liold and enjoy the said premises as aforesaid, and until the end of the said three months next after notice shall be given by either of the said parties to the other of them for leaving the said premises as aforesaid. Tlie provisions hereof shall extend to the heirs and assigns of the lessor and the executors, administrators, and assigns of the lessee. Witness our hands [etc.]. [Acknowledgment.] [Signatures.] No. 2402. Farm Lease on Shares. This lease, made the day of , 19—, between , of the county of , state of , lessor, and , of said county and state, lessee, witnesseth : That the said lessor, for and in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved and contained on the part and behalf of the said lessee, to be paid, kept, and performed, docs hereby grant, demise, and farm let, unto the said lessee all those certain premises described as follows, namely: . To have and to hold the said demised premises unto the said lessee, for his sole and proper use and benefit, for and during the term afore- said, together with all the tenements and hereditaments thereunto apper- taining, and all the stock and farming utensils of every name and nature now being in or upon the same, belonging to the said lessor. In consideration whereof the said lessee hereby covenants and agi'ees to and with the said lessor that he will occupy, till and in all respects cultivate the premises above mentioned during the term aforesaid, in a farmer-like manner, and according to the usual course of farming prac- ticed in the neighborhood; that he will not commit any waste or dam- age, nor suffer any to be done ; that he will, at his own cost and expense, keep the fences and buildings on the said premises in good repair, rea- sonable wear thereof and damages by the elements excepted; and that he will deliver to the said lessor, or to his order, one equal third of all 845 Leases. Form 2403 the proceeds and crops produced on the said farm and premises afore- said, of every name, kind, and description, to be divided on the said pjromises, in stack and sack, according to the usual course and custom of making such divisions in the neighborhood, and in a seasonable time after such crop shall have been gathered and harvested. It is further understood and agreed between the aforesaid parties that the said lessee shall find all seed or seeds necessary to be sown on said premises, and that said lessee shall pay all taxes and assessments upon the same; that the said lessee is to do, or cause to be done, all neces- sary work and labor in and about the cultivation of the said premises; that he is to have full permission to inclose, pasture, or till and cultivate the said premises, so far as the same may be done without injury to the reversion, and to cut all necessary timber for firewood, farming pur- poses, and repairing fences; and that he is to give up and yield peace- able possession of the said premises at the expiration of said term. Said lessor shall furnish on said premises at the proper time, sacks sufficient to hold all the grain coming to said lessor. It is further agreed that all the provisions hereof shall extend to and include the heirs of the lessor and the executors, administrators, and assigns of the lessee. In witness whereof the said parties have hereunto set their hands this day of , 19 — , [Acknowledgment.] [Signatures.] No. 2403. Lease, With Covenant by Lessee to Build. This lease, dated this day of , 19 — , made between , lessor, and , lessee, witnesseth: That said lessor, in consideration of the rents and covenants herein- after by said lessee agreed to be paid and performed, does hereby lease, let, and demise to said lessee all that real property situate in tlie county of , state of , described as follows : . To have and to hold the above-described premises, with the appur- tenances, unto said lessee for the term of years from the date hereof next ensuing, at and for the monthly rent of dollars ($ ), and so in proportion for any less time than a month, payable monthly in advance on the first day of each and every month during the above term. And said lessee does hereby covenant and agree that he will pay tlie rent above specified in the manner and at the times above set forth; that he will also pay and discharge, as the same may become due and payable, all taxes and assessments which may be levied, assessed, or imposed upon the premises above described, or upon the improvements now or hereafter to be erected thereon; and that he will not assign this lease, nor let or underlet the whole nor any part of said premises, with- out the written consent of the lessor. Form 2403 Cowdery's Foem Book. 846 Said lessee does hereby further agree tliat he will, at his own cost, within months from the date hereof, erect, or cause to be built and erected, upon the above-described premises, a two-story frame build- ing, at an estimated cost of dollars (.$ ), to be used as a family residence for said lessee and his family; that, when so erected, said lessee will, at his ovi^n cost, during the full term above, and any exten- sion thereof, maintain and keep said building in good order and repair; that he will also, at his own cost, maintain and keep in good repair all sidewalks in front of or adjacent to said property; and that he will pay all cliarges for light, fuel, and water rates upon said property; and pay and discharge, as tliey may become due and payable, all claims for mate- rials furnished, or services rendered, upon or concerning said property or the imi^rovements thereon, and keep and preserve said property clear and free from any and all liens therefor; also that said lessee will keep and save harmless said lessor from any and all loss or damage by reason of any suit or claim for injury to person or property received by any l^erson, either on said premises or the streets adjoining the same. It is hereby mutually agreed that the above term may be extended at the option of said lessee in the following manner: Said lessee may, at his option, at any time, not less than thirty (30) nor more than sixty (60) days before the expiration of the above term, give written notice to said lessor that he will avail himself of the privilege hereby granted to extend said term, and said lessor will, on receipt of such notice, at the expense of said lessee, at or before the expiration of the above term, execute to the lessee an extension or renewal hereof for tlie further term of years' additional time, at the monthly rent of dollars ($ ), payable in the same manner and at the corresponding times as for the foregoing term. It is further mutually covenanted and agreed that at the expiration of the above term or terms, or other determination of this lease, the lessee shall quit and surrender said premises and all improvements thereon in as good order and repair as reasonable use and wear thereof will permit, and said improvements shall thereupon become the prop- erty of the lessor, without compensation by him to the lessee. If default be made in the payment of the rent as above specified, or of any sum herein agreed to be paid by said lessee, or in the perform- ance of any agreement herein on his part to be performed, then it shall be lawful for said lessor to re-enter upon said premises and remove all persons tlierefrom, and to terminate this lease, and all improvements on said premises shall be retained by and belong to said lessor as liquidated damages for such nonpayment or breach of covenant by said lessee. It is furtlier agi-eed that all the provisions hereof shall extend to and inrdude the heirs and assigns of the lessor, and the executors, adminis- trators, and assigns of the lessee. Witness the hands of said lessor and lessee hereunto set the day and year first above written. [Acknowledgment.] 847 Leases. Form 2-104 No. 2404. Lease, With Covenant by Lessor to Builci. Tliis lease, dated this day of , 19 — , made between , lessor, and , lessee, witnesseth: That said lessor does liereby lease, let, and demise unto said lessee all that real property situate in the county of , state of , described as follows: . Together with the fotir-story re-enforced concrete building and its basement, to be erected thereon by said lessor according to plans and specifications prepared for said lessor and signed by said lessee, for the term of • years, from and after the date when the building afore- said thereon shall be completed and ready for occupancy by said lessee, at and for the total yearly rent of dollars ($ ), and so in pro- portion for any less time than a year, payable in monthly payments of dollars ($ ) each, in advance, and commencing when said build- ing is completed and readj'^ for occupancy by said lessee. And said lessor and lessee do hereby covenant and agree as follows: It is now expected that said building will be completed and ready for occupanc}' by the day of , 19 — , but any delay in the comple- tion thereof shall not avoid this lease, nor shall the lessor be liable to the lessee for any loss or damage occasioned by any delay in such completion. Said lessee agrees that he will pay to the lessor the rent as above specified ; and that the lessee will not assign any interest herein, nor underlet any part of said premises during the continuance hereof, with- out the written consent of the lessor. The ground floor of said building and the floor above it shall be used as a store, and the basement as a storeroom, and for lavatories in con- nection therewith; the two upper floors shall be used for living-rooms; and said lessee agrees that he will permit no other use of said premises, and will not permit or suffer any part of said premises to be used for the purpose of conducting anj'' auction sale of any property, or for any illegal or immoral purpose, or for the purpose of carrying on or the con- ducting of an}' trade or business which may be noisome or offensive to others in the vicinity of said premises; that he will not keep, nor per- mit to be kept, on said premises any extrahazardous goods, or such as may increase the usual or normal rate of insurance on said premises ; and that he vv'ill in all respects comply with all municipal or local regulations in regard to the public health or safety, so far as the same may affect the above premises. The lessor shall not be liable for any loss or damage to property on said premises caused by leakage or by water from any source whatever, or from defective plumbing; nor shall the lessor be liable for an}'^ dam- age or injury to persons or property occurring or arising upon said prem- ises from any cause whatever ; and said lessee hereby agi'ees to keep and save harmless the said lessor from any suit or claim for damage or in- jury sustained upon said premises, or upon the sidewalks or streets ad- Form 2404 Co wdery 's Form Book. 848 joining the same, by any person, from any cause whatever, during the continuance hereof. Said lessee agrees not to make any alterations on said premises with- out the written consent of said lessor; and that he will, at his own ex- pense, make all necessary repairs thereon during the continuance hereof, and keep said premises in good tenantable condition, and promptly re- pair all damage thereon; and said lessee hereby expressly waives all right to make any repairs on said premises at the expense of said lessor, under any provision of law or otherwise; also that said lessee will, at his own expense, maintain and keep in good order and repair all side- walks adjoining said premises during the continuance hereof. The entry by the lessee upon said premises shall be conclusive against him, as an admission that every part of said premises, including win- dows, light fixtures, and plumbing, is in good order ; and all broken win- dows, light fixtures, or injuries to plumbing shall be immediately re- placed or repaired by said lessee at his own expense, and said lessee agrees that he will, during the continuance hereof, pay all charges for light, heat, fuel, power, and water rates furnished or supplied to or upon any part of said premises. Said lessor shall have the right, by himself or his agents, at all rea- sonable times during the continuance hereof, to enter upon said prem- ises to see that proper care is taken thereof, or to show the same to any intending purchaser, and said lessor may within thirty (30) days prior to the termination hereof affix and display "To Let" or "To Lease" signs upon any part of said premises selected by him, except upon the windows. If said lessee be adjudged bankrupt or insolvent, this lease shall there- upon immediately terminate, and the same shall not be assignable by any process of law, nor be treated as an asset of the lessee after such adjudication; nor shall it pass under the control of any trustee or as- signee of said lessee by virtue of any proceedings in bankruptcy or in- solvency; and in case of any such adjudication, or if said lessee shall become bankrupt or insolvent, or make an assignment of all his prop- erty for the benefit of his creditors, said lessor may, in any such case, at his option, terminate this lease and re-enter upon said premises, and thereupon all rights of said lessee hereunder shall cease and determine. Said lessee shall quit and surrender said premises at the expiration or other determination hereof in as good order and condition as reason- able use and wear thereof will permit ; and all fixtures attached to said premises by said lessee during the continuance hereof shall become the property of the lessor, except counters and shelving used in connection with the stores on said premises, which may be removed by the lessee. If said lessee make default in the payment of the rent as above speci- fied, or in the performance of any agreement by him herein required to be performed, said lessor may, without notice or demand, enter upon said premises and terminate this lease, and remove all persons and prop- erty therefrom, and in such case the lessor shall not be responsible for 849 Leases. Form 2404 the care or safety of property so removed, and the lessee hereby ex- pressly waives any and all claim for loss or damage to property or per- sons removed by the lessor under this provision. The lessor also, in case of default by the lessee, in payment or performance of his agree- ments as above, may, by written notice, declare this lease forfeited, and thereafter, and, in any case where the lessee remains in possession of said premises after the termination hereof, such holding shall be deemed to be a tenancy from month to month by the lessee, at the same rent at Avhich he held at the time of the termination hereof. If the building on said premises be totally destroyed by fire or the elements during the continuance hereof, or so damaged that it cannot be repaired within one hundred (100) days, this lease shall thereupon terminate at the option of either party hereto, and all rights and obliga- tions hereunder shall cease except for rent actually due. If said build- ing be so damaged by the elements as not to require termination hereof under the above provision, the lessor agrees to restore the same, at his OAvn expense, within one hundred (100) days from the date when the damage occurred, excluding any time when work was prevented by causes beyond his control; in case repairs are to be made under this provision, the lessor shall have possession of the necessary parts of said premises for that purpose, and the lessee shall be entitled to a proportionate re- duction of rent during the time of making said repairs ; and if said par- ties cannot agree on the amount of such reduction, they shall select some third person whose decision thereon shall be final. If any suit be brought by the lessor against the lessee to recover any rent, or for the breach of any agreement herein contained by said lessee, or any summary action be brought by said lessor for forfeiture of this lease, or to recover possession of said premises, said lessee agrees to pay the necessary counsel fees for commencing and prosecuting said ac- tion to an amount not exceeding dollars ($ ), which shall be as- certained and fixed by the court. At the time of the execution hereof, said lessee shall deposit with the lessor the sum of dollars ($ ), as security for the faithful pay- ment of all sums and performance of all agreements by said lessee lierein agreed to be paid and performed; and said sum may be applied by the lessor to the payment of any rent remaining unpaid or damages sus- tained by reason of the breach of any agreement herein by said lessee; and if not so applied, shall remain as such security until within two (2) months of the expiration hereof, when the same may be applied to the payment of the rent as it becomes due; any part thereof not applied as aforesaid shall be returned to the lessee by the lessor at the expiration hereof, with interest thereon at the rate of per cent per year. All agreements and provisions herein contained are intended to and shall extend to and include the heirs and assigns of the lessor, and the executors, administrators, and assigns of the lessee. Form Book — 54 Forms 2405, 2406 Cowdery's Form Book. 850 Witness the hands of said lessor and lessee hereunto set the day and year first above written. [Signatures.] [Acknowledgment.] No. 2405. Lease, With Provision for Holding Over. This lease, made and entered into at , state of , this day of , 19 — , between , of the county of , state of , the lessor, and , of the same place, the lessee, witnesseth : That the said lessor hath demised and let, and the said lessee hath hired and taken from the said lessor, all that , with the appurte- nances, for the term of one year from the day of , 19 — , at the yearly rent or sum of dollars ($ ), and so in proportion for any less time than a year, payable monthly in advance, in equal monthly pay- ments of dollars ($ ), in current lawful money of the United States of America. And it is agieed that if any rent shall be due and unpaid, or if de- fault shall be made in any of the covenants herein contained, then it shall be lawful for the said lessor to re-enter the said premises, and to remove all persons therefrom. And the said lessee does hereby covenant to pay to the said lessor the said rent herein reserved in the manner herein specified. And not to make or suffer any alteration to be made therein, without the written consent of the said lessor ; and not to assign this lease without the writ- ten consent of the said lessor. And that, at the expiration of the said term, or any sooner determination of this lease, the said lessee will quit and surrender tlie premises hereby demised in as good order and condi- tion as reasonable use and wear thereof will permit damages by the ele- ments excepted. And if the said lessee shall hold over the said term with the consent, express or implied, of the said lessor, such holding shall be construed to be a tenancy only from month to month. It is further agi'eed that all provisions hereof shall extend to and in- clude the heirs and assigns of the lessor, and the executors, administra- tors, and assigns of the lessee. In witness whereof the said parties have hereunto set their hands this day of , 19 — . [Signatures.] [Acknowledgment.] No. 2406. Short Form of Lease. This lease, made on the day of , 19 — , between , lessor, and , lessee, wntnesseth : That, in consideration of the payment of the rents and the perform- ance of all the covenants herein contained by the lessee, the said lessor hereby doth demise and lease to the said lessee the following described property, in the county of , state of , to wit : , for the term 851 Leases. Form 2407 of , from the day of , 19 — , to the day of , 19 — , at the monthly rental of dollars ($ ), current lawful money of the United States of America, and so in proportion for any less time, paj-able monthly in advance, on the first day of each month of said term. And the said lessee does hereby promise to pay the said monthl}^ rent herein named, and in the manner specified, together with the water rate ; and not to assign this lease or any part thereof, nor let or underlet the whole or any part of said premises, nor make or suffer to be made any alteration therein, without the written consent of the owner. The said lessor shall not be called upon to make any improvements or repairs, the lessee agreeing to keep tlie premises in good order at his owji ex- pense, suffering no strip or waste thereof, but the lessor may enter to view or make improvements or repairs at his option. The lessee further agrees not to permit any other person or persons to occupy or improve said premises, and not to use or keep on the premises any article Avhich the insurance companies may deem extrahazardous, or which increases the rate of insurance. And at the expiration of said term, or any sooner determination of tliis lease, the lessee will peaceably and quietly quit and surrender the premises to the lessor, or his agent or attorney, and in as good order as he received them, reasonable use and wear thereof and damage by the elements excepted. And should default be made in the payment of any portion of the rent when due, and for three (3) days thereafter, or in any of the covenants herein contained, said lessor, his agent or attorney, may re-enter and take possession of said premises, remove all persons therefrom, and at his option terminate this lease. The provisions of this lease shall extend to and include the heirs and assigns of the lessor, and the executors, administrators, and assigns of the lessee. In witness whereof [etc.], ^„. , . [Signatures.] [Acknowledgment.] No. 2407. Surrender of Lease. Know all men by these presents that I, the within named , in con- sideration of dollars ($ ), lawful money of the United States of America, to me in hand paid, at or before the ensealing and delivery of these presents, do, for myself, my executors and administrators, bar- gain, sell, surrender, and yield up, from the day of the date hereof, unto the within named , and his heirs, executors, and administrators, as well the within indenture of lease as the lands and premises therein mentioned, and the term of years therein yet to come, with all my right, title, and interest thereto; and I do hereby covenant that the same are free and clear of all encumbrances of what kind soever, at any time by me, or by my privity, consent, or procurement, done, committed, or suffered. Given under my hand this day of , 19 — . [Signature.] Form 2408 Cowdery's Form Book. 852 No, 2408. Lease, hy State ta Individual, of Mineral Land— Washington. This indenture, made this day of , one thousand nine hun- dred and (19 — ), by and between the state of , party of the first part, and , party of the second part, witnesseth : That the party of the first part, in consideration of the sum of ten (10) dollars to it in hand paid by tlie party of the second part, being the first annual payment as provided for in , the receipt whereof is hereby acknowledged, and in further consideration of the covenants and conditions herein contained, to be kept and performed by the party of the second part, does hereby contract, lease, and demise to the party of the second part for a term of thirty years from and after the ■ day of , one thousand nine hundred and (19 — ), the following described land situated in the county of , in the state of , viz. : -, which premises are leased to the party of the second part for the purposes of exploring for, mining, taking out, and removing therefrom the merchantable shipping ore, containing copper, lead, silver, gold, and other minerals, which is or which hereafter may be found on, in, or under said land, together with the right to construct all buildings, make all excavations, openings, ditches, drains, railroads, wagon-roads, smelt- ers, and other improvements upon said premises, which are or may be- come necessary or suitable for the mining or removal of ore containing copper, lead, silver, gold, or other minerals from said premises, with the right, during the existence of this lease, to cut and use the timber found upon said premises for fuel, and so far also as may be necessary for the construction of buildings required in the operation of any mine or mines, on the premises hereby leased, as also the timber necessary for drains, tramways, and supports for such mine or mines ; provided, however, that the party of the second part shall have the right at any time to termi- nate this agreement in so far as it requires the party of the second part to mine ore on said lands, or to pay a royalty therefor, by giving writ- ten notice to the party of the first part, which shall be served by leaving the same with the commissioner of public lands, who shall ofScially, in writing, acknowledge the receipt of said notice, and the foregoing lease shall terminate sixty days thereafter, and all arrearages and sums which may be due under the same up to the time of its termination, as set forth in said notice, shall be paid upon settlement and adjustment thereof. The party of the first part further agrees that the party of the second part shall have the right under this agreement to contract with others to work such mine or mines, or any part thereof, or to sub- contract the same and the use of the said land or any part thereof, for the purpose of mining for ore, with the same rights and privileges as are herein granted to the said party of the second part. [Seal] [Signature.] NOTE.— See Wash. Rem. Code, sees. 6782, 6787. 853 Leases. Form 2409 No. 2409. Lease of Mining Claim. This lease, made the day of , 19 — , between , lessor, and , lessee, witnesseth: That the said lessor, for and in consideration of the rents, royalties, covenants, and agTeements hereinafter reserved, and by the said lessee to be paid, kept, and performed, has let, and by these presents does let, unto the said lessee, all the following described mine and mining prop- erty, situated in mining district, county of , state of , to wit: ; together with the appurtenances. To have and to hold unto the said lessee for the term of one year from the date hereof, expiring on the day of , 19 — , unless sooner forfeited as determined. And in consideration of the said lease, the said lessee does covenant and agree with said lessor as follows, to wit: To enter upon said mine or premises and work the same in a manner necessary to good and economical mining, so as to take out the greatest amount of ore possible, with due regard to the safety, development, and preservation of the said premises as a workable mine. To work and mine said premises as aforesaid steadily and continu- ously from the date of this lease; and that any failure to work said premises with at least four persons employed underground for the space of thirty (30) consecutive days may by said lessor be considered a vio- lation of this covenant. To well and sufficiently timber said mine at all points where proper, and to repair all old timbering wherever it may become necessary. To allow said lessor and his agents to enter upon and into all partt of said mine for the purpose of inspection. To not assign this lease, or any interest thereunder, and to not sub- let the said premises or any part thereof, without the written assent oT said lessor, and to not allow any person or persons except the said lessee and his v>-orkmen to take or hold possession of said premises, or any part thereof, under any pretense whatever. To occupy and hold all cross or parallel lodes, dips, spurs, feeders, crevices, or mineral deposits of any kind which maj'' be discovered in working under this lease, or in any tunnel run to intersect the lode known as the lode, or by the said lessee, or any person or persons under him, in any manner, at any point within three hundred (300) feet of the center line of said lode, as the property of said lessor, with privi- lege to said lessee of working the same as an appurtenance of said de- mised premises, during the term of this lease ; and to not locate or rec- ord the same, or allow the same to be located or recorded, except in the name of said lessor. To keep at all times the drifts, shafts, tunnels, and other passages and workings of said demised premises thoroughly drained and clear of loose rock and rubbish of all kinds. Form 2410 Co wdery 's Form Book. 8'54 To keep books of account showing the amount of ores extracted from said mine, the amount of ore shipped, sold, or treated, and the amount of money received from the sale of said ores or the values extracted therefrom; that from and out of the values obtained from the ores so extracted, and which may be found in, upon, or around said mine, and reduced, treated, sold, or shipped, the said lessee will pay to the said [essor per cent of the gross proceeds thereof, and to deliver to said lessor, at the end of the term, per cent of all ores extracted from said mine and which have not been shipped, sold, treated, or reduced; that a duplicate of all mill, smelter, or retort returns shall be furnished by the mill owner, or by the owner of the smelter or retort, to the said lessor; and that said books of account shall be open, at all reasonable times, to the said lessor and his representatives. To deliver up to the said lessor the said premises, with the appurte- nances and all improvements, in good order and condition, with all shafts and tunnels and other passages thoroughly clear of rubbish and drained, and the mine in all points ready for immediate continued work- ing, accidents not arising from negligence alone excusing, without de- mand or further notice, on said day of , 19—, at noon, or at any time previous, upon demand for forfeiture. And finally, upon the violation by the said lessee, or any other person under him, of any covenant or covenants hereinbefore reserved, the term of this lease shall, at the option of said lessor, expire and the same and said premises, with the appurtenances, shall become forfeited to said lessor, and said lessor or his agent may thereupon, after demand of possession, enter upon said premises and dispossess all persons oc- cupying the same, with or without force, and with or without process of law, or at the option of said lessor or in any other manner. Each and every clause and covenant of this lease, where the context requires it, shall extend to and include the heirs and assigns of the lessor, and the executors, administrators, and assigns of the lessee. Witness our hands [etc.]. [Signatures.] [Acknowledgment.] N'o. 2410. Lease of Oil Land. This lease, made and entered into this day of , 19 — , by and between of the county of , state of , hereinafter called the lessor, and , of , county of , state of , hereinafter -dialled the lessee, witnesseth: That the lessor, for and in consideration of the sum of one dollar ($1) paid to the lessor by the lessee, the receipt of which is hereby acknowledged, and in further consideration of the rent and royalty hereinafter set forth to be paid by the lessee to the lessor, upon the terms, and at the times, and under the conditions hereinafter mentioned, does hereby lease, demise, and let unto the lessee, his heirs and assigns, 855 Leases. Form 2410 the following described tract, piece, or parcel of land, situated in tlic county of , state of , bounded and described as follows, to wit: ; together with all the oil, gas, and other minerals in and under the said land, for the purpose, and with the exclusive privilege, of drill- ing and operating for oil, gas, and other minerals on said land, and of extracting said minerals therefrom ; together with the right to construct and maintain tanks, buildings, and outhouses necessary to said work and incidental thereto; and the right to construct and maintain such tele- phone lines, pipe-lines (to convey either oil, gas, or water), canals, ditches, and highways required or convenient for the proper execution of the terms and covenants of this lease ; together with such other privi- leges as are necessary for conducting said operations; the lessee, for said purposes, to enjoy the free and unobstructed right of way in, to, and over said premises during the life of this lease. The lessee co\cnauts and agrees to commence active work to develop said land for oil, gas, and other minerals, on or before the day of , 19 — , and to prosecute said work diligently and continuouslj', and in good faith, until a well one thousand (1,000) feet in depth has been drilled, unless oil or gas shall have been struck at a lesser depth; and, within one hundred (100) days after the completion of the first well, the lessee agrees to begin the dialling of a second well, and to prosecute the work thereon continuously and with like diligence and good faith; and so on, by the drilling of similar wells, until the whole of the said property has been developed by the sinking of at least wells, unavoidable delays and accidents alone excepted. The lessee agrees to keep true and correct accounts, showing the pro- duction of each and every well sunk by him; to keep and use accurate devices for measuring the output of said wells; to keep books showing such output, free and open at all times for the inspection of the lessor; and to furnish the lessor, on or about the day of each and every month, a full and correct written statement of all mineral products, if any, from said land for the preceding calendar month. The lessee agrees to perform the necessary annual assessment-work required by law upon said land, and to file good and sufficient affidavits therefor with the proper officer. The lessee agrees that he will not suffer any lien to be filed against said land and premises, or any part thereof, for work or labor done, or materials or supplies furnished, during the term of this lease; that, if any such lien is filed, he will defend the same at his own expense; and that, if any judgment lien on said premises be filed, he will pay and discharge the same. The lessee agrees to pay all taxes that may be levied on said land at any time during the life of this lease. As royalty or rent for said premises, the lessee agrees to pay to tlie lessor per cent, net, of all petroleum, asphaltum, oil, gas, and otiior minerals which may be discovered and produced and saved from said Form 2410 Cowdery 's Form Book. 856 land, and to collect and carefully preserve any and all of said products in tanks, or reservoirs, or in some other substantial and approved man- ner, Avhich tanks and reservoirs shall be built and maintained upon said premises at the expense of the lessee. It is distinctly understood and agi-eed by and between the lessor and the lessee that all royalties accruing to the lessor shall be tanked or stored as above set forth, on said premises, or at the most accessible point of transportation, for days without cost or charge to the lessor; and further, that all the mineral products from said land, wherever taken or stored, shall at all times, during business hours, be open for the inspection of the lessor, his agents or representatives, with-, out let or hindrance. But it is mutually agreed between the parties hereto that all mineral products accruing to the lessor under the terms of this lease may be marketed by the lessee, and that such part oC the net proceeds as shall belong to the lessor under the terms of this lease shall be placed to the credit of, and be paid over to, the lessor on or before the day of each and every montli for all sales made during the preceding calendar month; provided, that the lessor shall have the right, at any time, to elect to accept and receive in kind the royalty so agi-eed to be given, from the delivery tanks or reservoirs on the prem- ises as aforesaid, or at any other place where the same may have been stored, or to which the same has been conveyed by the lessee; but the lessor shall remove the same at his own expense. It is mutually agreed between the parties hereto that the lessee shall have, free of charge, all such oil, asphaltum, and other mineral products of said land as may be found necessary to generate power for drilling and boring wells on said land, and for all domestic purposes and uses. To have and to hold the said premises, for said purposes only, unto the lessee for the term of years from date hereof; Provided, that, at any time within years from date hereof, the lessee, if not in any wise in default, shall have the privilege and option to purchase the whole or any part of said land for the sum of dollars ($ ) per acre; and that, at the expiration of said term of years, the lessee shall have the option of renewing said lease for the further period of years. Nothing but substantial work and continued operations under the terms of this lease shall be considered a compliance with its terms; and this lease shall terminate unless operations shall be commenced on the premises, and a well completed, unavoidable delay or accident ex- cepted, within months from date; or if the lessee shall suspend operations for a period of months before the whole property shall have been developed according to the covenants of this lease ; or should the lessee fail to pay the taxes as agreed; or in case of failure to pay royalty in money or in kind when due ; or in case of breach of any of the otiier covenants in this lease; but in case of termination of this lease for any reason other than a failure to pay royalty, or to do assessment 857 Leases. Forms 2411-2415 work, or to protect the demised premises against liens for labor done or materials furnished, the lessee shall retain all producing wells and two hundred (200) feet on each side thereof during the remainder of the term of this lease, with the necessary right of way over the remainder of the land. Forfeitures or a suspension of the rights of the lessee shall be the only remedy reserved to the lessor for a breach of any of the covenants of this lease. This lease is not assignable without the written consent of the lessor. Witness our hands this day of , 19 — . [Signatures.] [Acknowledgment. ] No. 2411. Covenant to Pay Rent. And the said doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree to and with the said , his heirs and assigns, in manner following, that is to say, that he, the said , his executors, administrators, or assigns, shall and will well and truly pay, or cause to be paid, unto the said -, his heirs and assigns, the said yearly rent of dollars ($ ). in the manner hereinbefore limited and appointed. No. 2412. Covenant to Pay Taxes. And it is hereby agreed that the said lessee will, as additional rent, pay and discharge all taxes and assessments which may be levied during said term upon said premises. No. 2413. Covenant to Repair. Provided also, nevertheless, that said lessee will, at his proper costs and charges, from time to time, and at all times during said term, well and sufficiently repair, and keep said promises, with the appur- tenances, hereinbefore let or demised, and every part and parcel thereof, in, by, and with all, and all manner of, needful and necessary repara- tions, supports, pavements, and amendments whatsoever, and that when, where, and as often as need or occasion shall be and require, the casualty of fire only excepted. No. 2414. Covenant as to Holding Over. And if the said party of the second part shall hold over said term, with the consent, express or implied, of the party of the first part, such holding shall be construed to be a tenancy only from month to month. No. 2415. Covenant Excepting Right of Way. Except, and always reserved unto and for the said , his executors, administrators, tenants, and assigns, and all other persons whatsoever, free leave and liberty to pass and repass, in, by, or through the way Forms 2416-2418 Cowdkuy's Form Book. 858 or passage lying tlirough the said tenement into a place there, on the back part of the said tenement, at all convenient times, in the daytime only, during the term of years hereinafter granted. No. 2416. Covenant Excepting Timber, etc., on Premises. Except, and always reserved out of this present lease, all timber and all other trees whatsoever which now are, or at any time hereafter shall be, standing and being in, upon, and about the said leased prem- ises, or any part thereof, with free liberty of ingress to and for the said , his heirs and assigns, servants and workmen, from time to time, and at all times during the term hereof, the same to fell, stock up, cut down, hew, and carry away, in and through the said leased premises, or any part thereof, doing no willful hurt or damage to the gi-ain and grass of the said , his executors, administrators, and assigns, at all times during the term hereby leased, and free liberty to enter into and upon the said premises, and every part thereof, to view the condition of the repairs thereof. No. 2417. Covenant Excepting Waterway. Except, and always out of this present demise reserved unto and for the said lessors and , their executors, administrators, and as- signs, and the inhabitants of the said tenement, the waterway, or passage for water, made under or through the shop of the said hereby demised tenement for conveyance of water from the yard or back part of the said tenement, and free liberty of ingress, egress, and regress into, upon, or over the said hereby demised tenement for them, the said an(3 ^ their executors, administrators, tenants, workmen, and assigns, at all times convenient during the term hereby granted, to cleanse, repair, and amend the said waterway. No. 2418. Covenant That Lessee may Deduct Taxes and Charges of Repairs Out of Rent. And also that it shall and may be lawful to and for the said lessee, his executors [etc.], to retain, deduct, and keep out of every year's rent agreed to be paid to the said lessor, his heirs or assigns, as aforesaid, all and so much money as he, the said lessee, his executors [etc.], sliall from time to time during the said term have paid for the taxes agreed to be paid by the said lessor, his heirs and assigns. And also for such repairs, amendments, and additions by him made and done, in and about the premises, by and with the consent or direction of the said lessor, his heirs or assigns, or without such consent or direction, so that such money be laid out and expended in repairing and supporting the said premises, or some part thereof. 859 Leases. Forms 2419-2422 No. 2419. Covenant to Renew Lease. And further that he, the said lessor, his heirs, executors [etc.], at the costs and cliarges of the said lessee, his heirs, executors, adminis- trators, or assigns, if thereto requested by him or them six months before the expiration of the term hereby demised, shall and will grant a further lease of the aforesaid premises to the said lessee, his heirs, executors [etc.], for the further term of twenty years, to commence from the expiration of the term hereby granted, at and under the same yearl}' rent, and containing therein the like covenants and agreements as are in these presents contained, he, the said lessee, his heirs, executors [etc.], executing at the same time a counterpart thereof [etc.]. No. 2420. Covenant not to Assign, Underlet, Alter or Improve Without License from Lessor. And the said lessee, for himself, his heirs, execiitors and adminis- trators, agrees not to assign this lease during any part of this demise, or underlease or underlet the demised premises, or in any other manner part with the possession or occupation of the same, or improve, or per- mit any other person to improve, said premises, or make, or permit any otlier person to make, alterations or repairs of the whole or any part of the demised premises, without the special license and consent of the said lessor, his heirs or assigns, in writing, first had and obtained. No. 2421. Covenant not to Lop Trees, etc. And that the said lessee, his executors [etc.], shall not nor will, at any time or times during the time hereby leased, lop or cut any of the trees or wood belonging to the said premises, but such wood as has been usually lopped and cut by the former and other tenants, and those only of twelve years' growth, and the lops which shall arise and come there- from not to be sold or disposed of in any other way, and shall not, at any time during this lease, inordinately burn or waste any of the firewood which is so allowed to be used, and shall keep the said trees, as also all the fruit trees and wood, from all willful or negligent hurt or waste. No. 2422. Covenant not to Carry on Noxious or Offensive Trade, nor Permit It to be Done. And also that he, the said lessee, his executors, administrators and assigns, shall not nor will, at any time during the continuance of the said term hereby granted, permit or suffer any person or persons to use, exercise, carry on or follow, in or upon the said hereby demised tene- ment and premises, or in or upon any part thereof, tlie trade of butcher, currier, soap-boiler, brewer, distiller, tallow-chandler, tinman, dyer, founder, smith, or any other nauseous or offensive business or trade whatsoever, and particularly any business or trade which maj^ be nau- seous or offensive, or grow to the annoyance, prejudice or disturbance Forms 2423-2425 Cowdery's Form Book. 860 of any of the other tenements of the said lessor near or adjoining thereto, without the license and consent of the said lessor, his heirs, executors, administrators, or assigns, first had and obtained in writing for that purpose. No. 2423. Covenant to Expend a Stated Sum, in a Given Time, for Repairs. And the said lessee doth covenant with the said lessor, his heirs and assigns, that he, the said lessee, his executors [etc.], shall and will, within one year next after the date hereof, lay out and expend the sum of dollars ($ ) in repairing, amending, adorning, and beautifying the said tenement hereby demised. No. 2424. Covenant That Landlord may Enter to Inspect Premises, etc. And further, that it shall be lawful to and for the said lessor, his executors [etc.], or any of them, with workmen or others, or without, twice in every year during the continuance of this lease, at seasonable times in the daytime, to enter and come in and upon the said premises, or any part thereof, and view, search and see the state and condition of the reparations of the same, and of all defects, defaults and want of re- pairs then and there found, to leave or give notice or warning, in writing, at and upon said premises, to and for said for the repairing and amending the same within the space of one month then next following, in which said space of time [etc.], after every or any such notice or Avarning, he, the said for himself, his executors [etc.], doth hereby covenant [etc.] to and with the said , his executors [etc.], well and sufficiently to repair and amend the defects and want of reparation so to be found as aforesaid. No. 2425. Covenant that Landlord may Enter to Make Inventory, etc. And further, that it shall and may be lawful for the said , his heirs and assigns, or any of them, with workmen or others in his com- pany, to enter upon the said premises, and every part thereof, at sea- sonable and convenient times in the day, at any time during the last five years of the said term, to make an inventory of the several fixtures and things, then standing and being in and upon the said herebj'^ demised premises, which are to be left at the end of the said term for the use of the said , his heirs and assigns, pursuant to the covenant herein- before in that behalf contained, as also twice or oftener in every year, during the said term, to view, search and see the defects, and want of reparations which, upon every or any of such view or search, shall be from time to time found, and to give or leave notice or warning thereof in writing, at or upon the said demised premises, unto and for the said , his executors, administrators or assigns, to repair and amend the same. 861 Leases. Forms 2426-2429 No. 2426. Covenant to Deliver Possession. And will, at the expiration of said term, or sooner determination of this present lease, peaceably and quietly deliver lap to the lessor, his heirs or assigns, the said premises, and all new fixtures and addi- tions thereto, except as hereinbefore excepted, in such good and substan- tial repair and condition as aforesaid. No. 2427. Covenant to Erect Brick Buildings. And that he, the said , his executors, administrators or assigns, will, before the expiration of the first year of the said term, at his and their own costs, build, complete, and finish, in a workmanlike man- ner, one or more good and substantial brick tenements upon some part of the ground hereby demised, and shall and will lay out and expend therein the sum of dollars ($ ), or upward; and also that he, the said - — — , his executors [etc.], shall and will from time to time, and at all times from and after the said tenements, erections and buildings on the said piece of ground hereby demised shall be respectivly com- pleted and finished, during the remainder of the said term, when, where and as often as need or occasion shall be and require, at his and their own costs and charges, well and sufficiently repair, maintain and keep the said tenements, erections and buildings, and all the walls, rails, lights, pavements, grates, privies, sinks, drains and watercourses there- unto iDelonging and which shall belong to the same, in, by and with all, and all manner of, needful and necessary reparations, cleansings and amendments whatsoever. No. 2428. Covenant to Insure. And that he, the said lessee, his executors [etc.], shall and will, at his and their own costs and charges, from time to time, sufficiently insure all and every the tenements, erections and buildings which shall be erected and built upon the said piece or parcel of ground hereby demised, or any part thereof, from casualties by fires during the then remainder of the said term hereby granted, in an insurance company acceptable to the lessor, and in case the said buildings, or any of them, or any part of any of them, shall at any time or times during the said term be burned, destroyed, or damaged by fire, shall and Avill, from time to time, immediately afterward, rebuild or well and sufficiently repair the same. No. 2429. Covenant to Occupy Premises. And also that they, the said lessees, some or one of them, shall and will personally inhabit and occupy the said farmhouse, witli the appur- tenances, with their, some or one of their, families, and not shut up or desert the same during the said term. Forms 2430-2434 Cowdery's Form Book. 862 No. 2430. Covenant to Repair, After Notice. And that the said lessee, his executors [etc.], shall and will, within three montlis next after every such notice or warning shall be given or left, at his and their own costs, well and sufBciently repair, amend and make good all and every the defects, and want of reparations, whereof such notice or warning shall be so given or left as aforesaid. No. 2431. Covenant to Repair, Lessor Finding Materials. Also that he, the said lessee, his executors, administrators and as- signs, shall and will, at his and their own costs, well and sufficiently repair, maintain and keep in repair the said tenement, and all otlier buildings, hedges and fences belondng to the said premises, and he, the said lessor, will permit the said lessee, his heirs and assigns, to take from said premises all necessary materials for said repairs. No. 2432. Covenant to Restore Personal Property. Said personal property to be restored to the lessor at the expiration of this lease in as good order as such property now is, wear and diminu- tion resulting from reasonable use and unavoidable casualties and acci- dental loss by fire alone excepted. No. 2433. Covenant for Quiet Enjoyment. And the said lessor, for himself, his heirs, executors, administrators and assigns, doth covenant, promise, and agree to and with the said lessee, his heirs, executors, administrators and assigns, that is, the said lessee, his heirs [etc.], paying tlie said rent above hereby reserved, and observing, performing and keeping all and singular the covenants, clauses, articles and agreements herein contained on his or their part to be observed, fulfilled, and kept, according to the true intent and mean- ing of these presents, shall and may lawfully, peacefully, and quietly have, hold, use, occupy, possess and enjoy said premises [etc.] hereby leased, with the appurtenances, and every part and parcel thereof, for and during all said term of twenty years, hereby granted, without any let, suit, hindrance, eviction, ejection, molestation or interruption what- soever of or by the said lessor, or his heirs [etc.], or of or by any other person or persons whatsoever lawfully claiming or to claim by, from, or under them or any or either of them. No. 2434. Covenant That Lessee may Quit. It is hereby agreed, by and between all the parties to these presents, that in case the said lessee, his heirs, executors, or administrators, shall be minded to quit the said leased premises at any time during the term hereby granted, and shall give months' notice to that effect to the said lessor, then this lease, and the term hereby granted, shall cease, determine, and be utterly void, anything herein contained to the contrary tliereof in any wise notwithstanding. 863 Leases. Forms 2135-24:37 No. 2435. Covenant to Sell Inheritance to Lessee upon Rociiiest. And in case the said lessee, his heirs, executors, administrators or as- slc:ns, shall during the said term be desirous to purchase the inheritance of the premises hereby demised, and shall give notice of such intention or desire, in writing, during the same term, unto the said lessor, his heirs or assigns, at his or their usual place of abode, then he, the said lessee, his heirs and assigns, sliall and will at any time during the said term, at the charges in the law of the said lessee, his heirs, execu- tors, administrators or assigns, convey and assure the inheritance of tha said hereby demised premises unto the said lessee, his heirs, executors, administrators or assi'^-ns, and to the heirs and assigns of him, or them, or as he or they shall direct ; he, the said lessee, his heirs, executors [etc.], paying unto the said lessor, his heirs or assigns, the sum of dollars ($ ), as the consideration of such purchase, and also paying to him or them all arrears of rent which shall be then due [etc.]. No. 2436. Proviso for Lease to be Void upon Death of Lessee. Provided always, and these presents are upon this condition never- theless, that if the said lessee shall happen to die at any time during the term hereby demised, and the executors, administrators or assigns of the said lessee shall at any time after the expiration of the first three years of the said term of seven years hereby demised be minded and desirous to quit and leave the said demised premises, and of such his mind and intention, shall, on any day after the expiration of the said three years give or leave six months' vrarning, in writing, to or for the said lessor, his executors, administrators or assigns, having first paid the rent and performed and kept all and singular the covenants, pro- visos, and agreements herein contained on his or their part to be paid, done, and performed, then and in such case, at the expiration of the said six months, such notice having been first given as aforesaid, these presents, and the term hereby gi'anted, as for any future continuance, shall cease, determine and be utterly void, anything herein contained to the contrary thereof in any wise notwithstanding. NOTE. — If the hiring of a thing is terminable at the pleasure of one of the parties, it is terminated by notice to the other of his death or incapacity to con- tract. In other cases it is not terminated thereby: See Cal. Civ. Code, sec. 1934. No. 2437. Proviso That Either Party may Determine Lease on Giving Prescribed Notice. Provided always, and these presents are upon this condition never- theless, that it shall and may be lawful to and for either the said lessee, his heirs or d,ssigns, or the said lessor, his executors, adminis- trators or assigns, to determine and make void this lease at the expira- tion of the first five or ten years of the said term of twenty years hereby granted, on causing notice or warning, in writing, for that purpose to be given to, or left for, the other of them, his lieirs, executors, admin- Forms 2438-2441 Cowdeey's Form Book. 864 istrators, or assigns, at his or their usual or last place of abode, six calendar months at least before the time limited for determining the same as aforesaid, anything herein contained to the contrary thereof in any wise notwithstanding. No. 2438. Proviso That Landlord may Re-enter upon Nonpayment of Rent or Assignment of Lease Without License. Provided always, nevertheless, that if it shall happen that the said yearly rents hereby reserved, or either of them, shall be behind and unpaid by the space of twenty days next after either of the said days of payment, or if the said lessee, his executors or administrators, shall assign over or otherwise part with this lease, or the premises hereby demised, or any part thereof, to any person or persons whatsoever, without the consent of the said lessor, his heirs or assigns, first had and obtained, in writing, under his or their hands, for tliat purpose, then, and in either of the said cases, it shall and may be lawful to and for the said , his heirs or assigns, into the said premises hereby leased, or any part thereof in the name of the whole, to re-enter, and the same to have again, retain, repossess and enjoy as his and their first and former estate or estates, anything herein contained to the con- trary thereof in any wise notwithstanding. No. 2439. ProYlso That Lease may be Determined at Option of Lessor. Provided always, nevertheless, that if said lessor, or his assigns, shall at any time during said term tender to said lessee, or his assigns, one dollar, with an intent to determine this lease, then this lease shall wlioUy cease and determine from the time of such tender, in like man- ner, to all intents and purposes whatever, as if said term of three years were fully complete and ended. Provided said lessee shall have thirty days' time after said tender to remove from said premises. No. 2440. Proviso That Lessee may Determine Lease, and How. Provided always, nevertheless, that if the said lessee, or his assigns, shall at any time during said term tender to said lessor, one year's rent of said premises, with intent to determine this lease, then it shall cease and determine from the time of said tender. No. 2441. Proviso That Lessee may Purchase Premises. Provided always, nevertheless, that if said lessee, or his assigns, at any time during said term, shall be minded to purchase the leased prem- ises for the sum of dollars ($ ), in gold coin of the United States, and sliall tender said amount to said lessor, together with all rent due up to the time of said tender, then this lease is by said tender determined, and the said lessor will on the same day make, acknowl- edge and deliver to said lessee, or his grantee, a grant of said premises. 865 Leases. Forms 2442-2444 No. 2442. Proviso Tha,t Lessor may Enter for Nonpayment of Rent, or Commission of Waste, etc. Provided always these presents are upon this express condition, that if the said yearly rent, or sum of dollars ($ ), or any part thereof, shall be behind and unpaid by the space of days next after the said days of payment, whereon the same is appointed to be paid as aforesaid, or if the said lessee, his executors, administrators or assigns, shall do, or wittingly or willingly commit, or suffer to be done or committed, any willful or voluntary waste in or upon the said premises, or any part thereof, except the pulling down of old buildings in order to rebuild the same, that then, and in either of the said cases, it shall and may be lawful to and for the said lessor, his heirs and assigns, into and upon the said premises, or any part thereof in tlie name of the whole, wholly to re-enter, and the same to have again, repossess, and enjoy as in his and their former estate, anything herein contained to the contrary thereof in any wise notwithstanding. No. 2443. Grant of Additional Term. And it is hereby declared and agreed by and between the said parties to these presents that they, and their respective heirs, executors, admin- istrators and assigns, shall and will by these presents, during the addi- tional term of ten (10) j^ears hereby granted, stand and be bound for, and in respect of, the said hereby demised premises, with the appur- tenances, in such and like covenants, conditions and agreements, re- spectively, as they, the said parties, and their respective heirs, executors, administrators and assigns, do now stand bound in and by the said within lease for and during the now residue unexpired of the within mentioned term hereby granted ; it being the intent and meaning hereof that this present indorsed lease, and the additional term hereby granted, shall be upon such and the like footing, and all the covenants, clauses, conditions, and agreements respectively therein contained be equally available, take place, and have the like force and effect, to all intents and purposes, as if every article, clause, matter, and thing contained in the said within lease were inserted and contained in this present indorsed lease. Dated , 19-. [Signatures.] No. 2444. Lease of Furniture. This lease, made the day of , 19 — , between , lessor, and , lessee, witnesseth: That in consideration of the rents and agreements to be paid and performed on the part of the said lessee, the said lessor doth hereby demise and lease to the said lessee the household furniture described as follows, to wit: To have and to hold the same to the said lessee for the term of two (2) years from the date hereof, the said lessee paying therefor the Form Book — 55 Form 2445 Cowdery's Form Book. 866 yearly rent of dollars ($ ) during the said term, and so in proportion for any less time than a month. And the said lessee covenants with the said lessor that he will pay the rent aforesaid in monthly payments of dollars ($ ) each, on the day of each month during said term, and for such further time as the lessee may hold the same; and that he will not assign or underlet the said furniture^ nor any part thereof, without the written consent of said lessor; and that he will, at his own expense, replace any and all of said furniture which shall be lost or carelessly or acci- dentally injured during the said term; and at the expiration thereof, or the sooner termination of this lease, he will restore the said fur- niture to the said lessor in the like good order in which it now is, wear and diminution resulting from reasonable use and unavoidable casualties excepted. And it is agreed that, until condition broken, said lessee shall peace- ably retain possession of said chattels; but in case any one or more of the conditions of this lease are broken by the said lessee, the said lessor may at any time, day or night, enter the place where said fur- niture, or any part thereof, may be, and remove the same, and he may use all necessary force to remove the property herein described; and it is further agreed that time is of the essence of this contract. [Signatures.] [ Acknowledgment. ] No. 2445. Lease of Goods. This lease, made the day of , 19—, between , a corpora- tion, lessor, and , lessee, witnesseth: That the lessor hath by these presents demised and leased unto the said lessee all the following named goods, of the value of dollars ($ ), and known and described as follows, to wit: for the term of , commencing on the day of , 19—, and at the monthly rental of dollars ($ ), and so in proportion for any less time than a month, payments to be made promptly as follows: dollars ($ ) on tlie day of , 19—, and on the day of each succeeding month thereafter, until the sum of dollars ($ ) is paid. That said lessee hereby agi-ees to pay said rent at the times and in the manner herein specified, and that, should the said rent be unpaid at any time, or as herein specified, then the said lessee will pay interest on said unpaid rent at the rate of ten (10) per cent per month from the date of default in payment until the said rent is paid, together with reasonable charges and expenses for collecting the same, and that said lessee will pay all taxes assessed against said goods and chattels while in his possession. That said lessee will not assign this lease, nor assign or sublet his interest in or to any of tlie goods and chattels herein described, without the written consent of said lessor. 867 Leases. Form 2446 That said lessee further agrees that said goods shall not be removed by him from the premises, , now occupied by the lessee, removal from danger by fire excepted, without the written consent of the lessor. That said lessee will not suffer or allow any part of said property to come into the custody or control of any person or persons other than said lessee during the continuance of this lease. That said lessee further agrees to keep said goods insured for their full value against loss or damage by fire, loss payable to the lessor. That said lessee will, in the event that he fails to make any of the above payments as specified, surrender and return said goods to the lessor in as good condition as wlien received, customary wear by careful usage excepted. That no agreement of sale of said goods is implied; nor shall a sale or purchase of the same be deemed valid without the written consent of the lessor thereof. That if this lease shall at any time be determined by any of the acts, or by failure to perform any of the acts, herein specified on the part of said lessee, then all the rents paid to said lessor by said lessee shall be tlie property of said lessor, free from all claims and demands of said lessee. That upon the failure of the lessee to comply with any of the terras of this lease, or if any legal process shall at any time be levied upon said goods and chattels, or any part thereof, for or upon any debt or demand now due or to become due or claimed to be due from said lessee, then this lease shall determine and become void, and the right of pos- session in and to said goods and chattels, and every part thereof, shall revert to and vest in said lessor, and said lessor shall have the right, witliout notice or service, to take said goods and chattels, and every part thereof, from said lessee without legal process. That all provisions hereof shall extend to and inchide the successor and successors of the lessor, and the executors, administrators, and assigns of the lessee. Witness the hands of the respective parties, and the corporate seal of the lessor hereunto affixed, this day of , 19 — . [Corporate seal] [Signatures.] [Acknowledgment.] No. 2446. Contract of Surety for Payment of Rent. In consideration of the letting of the premises above described, and for the sum of one dollar, I do hereby become surety for the punctual payment of the rent, and performance of the covenants, in the above- written agreement mentioned, to be paid and performed by as therein specified; and if any default shall at any time be made therein, I do hereby promise and agree to pay unto the landlord in said agree- ment named the said rent, or any arrears thereof that may be due, and fully satisfy the conditions of tlie said agreement, and all dam- Forms 2447-2449 Cowdery's Form Book. 8G8 ages that may accrue by reason of the nonfulfillment thereof, without requiring notice or proof of demand being made. [Signature.] Dated this day of , 19—. No. 2447. Complaint on Promise to Pay in Consideration of Surrender of Lease. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That, at the time hereinafter mentioned, the plaintiff leased from the defendant a house and lot in the town of , for a term com- mencing on the day of , 19—, and ending on the day of ^ 19—, under which he was entitled to the possession of said house and lot. 2. That on the day of , 19—, the defendant promised the plaintiff that, in consideration that he, the plaintiff, would surrender to the defendant the unexpired term and the possession, he would pay the plaintiff the sum of dollars ($ ). 3. That the plaintiff thereupon surrendered the unexpired term of said lease, and the possession of said land to the defendant. 4. That no part of said sum has been paid. [Signature.] Wherefore [etc.]. No. 2448. Complaint for Breach of Covenant of Quiet Enjoyment. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the twenty-fifth day of May, 1917, at P., the defendant, by deed [or lease under seal] let to the plaintiff, and the plaintiff rented from the defendant, the house numbered 61 R. street, in P., for the term of three years, covenanting that the plaintiff should quietly enjoy pos- session thereof for the said term. 2. That on, etc., one A. B., who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him. 3. That ihe plaintiff was thereby prevented from continuing the busi- ness of merchandising at the said place, and was compelled to expeiid $1,000 in moving, and lost the custom of C. D., E. F., and G. H., and divers other persons, by such removal. [Signature.] Wherefore [etc.]. No. 2449. Complaint for Hire of Furniture. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the second day of March, 1917, at M., the plaintiff rented to the defendant, and the defendant hired from the plaintiff, honseliold 869 Leases. Forms 2450-2453 furniture, plate, pictures and books, the property of the plaintiff, to wit [describe the articles], for the space of three years, then next ensuing, to be returned by him to the plaintiff at the expiration of said time, in good condition, reasonable wear and tear thereof exoei^ted. 2. Tliat he promised to pay the plaintiff for the use thereof $300, in equal monthly payments, on the second day of each month thereafter. 3. That no part thereof has been paid. Wherefore [etc.]. [Signature.] No. 2450. Complaint for Rent of Land — Justice's Court. [Title of Court and Cause.] The Company, to . To balance due for rent of land $ . , Justice of the Peace. [Indorsed] : Filed . NOTE. — Upheld in Lataillade v. Santa Barbara Gas Co., 58 Cal. 4. In California, the complaint in justices' courts is a concise statement, in writing, of the facts constituting the plaintiff's cause of action, or a copy of the note, bill, bond or instrument upon which the action is based, and must not be verified, except as specially provided. It need not be in any particular form, but must be such as to enable a person of common understanding to know what is intended: See Cal. Code Civ. Proc, sees. 851, 853. No. 2452. Covenant Exempting Leasehold in Case of Execution or Bankruptcy. It is hereby covenanted and agreed that this lease and the interest of said tenant hereunder shall not, without the written consent of said les- sor first had and obtained, be subject to garnishment or sale under exe- cution in ally suit or proceeding which may be brought against or by said tenant, and that this lease, and all the rights of said tenant here- under, shall, at the option of said lessor, cease and terminte upon said tenant being by any court adjudged a bankrupt or an insolvent person, or upon said tenant making an assignment for the benefit of creditors. [Signature.] No. 2453. Notice to Perform Covenants of Lease. To . You are notified that in the lease under which you hold the premises at , county of , as my tenant, you covenanted that you would give the dwelling-house and outhouses and front fence on said prem- ises two coats of good paint, the second as soon as the first is dry, every third year, commencing , 19 — ; that you have violated said lease by neglecting to paint the houses and fence on said premises at all. Now, this is to notify you tliat you are required to give said dwelling-house, outhouses and front fence two good coats of paint, as you covenanted to do as aforesaid, or deliver up possession of the same Forms 2454, 2455 Cowdery's Form Book. 870 to the undersigned, or I shall institute legal proceedings against you to recover possession of said premises. Dated this day of , 19 — , [Signature.] NOTE. — See Cal. Code Civ. Proc, sec. 1161. Three days' notice to perform is required. The notice may be varied so as to embrace every possible covenant in a lease. In all cases it is good practice to copy from the lease into the notice the covenant which is violated. No. 2454. Contract by Landlord. This is to certify that I have let and rented unto the house and lot designated and known as , in the county of , state of , and the sole and uninterrupted use and occupation thereof, for the terra of ten (10) months from the day of , 19—, at the monthly rent of dollars ($ ), payable in gold coin of the United States of America, monthly in advance, on the day of each and every month. The said premises are not to be used or occupied for any busi- ness deemed extrahazardous on account of fire, nor shall the same, or any part thereof, be let or underlet without the written consent of the landlord, under the penalty of forfeiture and damages. Witness my hand [etc.]. [Signature.] No. 2455. Contract by Tenant. This is to certify that I have hired and taken from all that certain house and premises situate in the county of , state of , and designated and known as , said house containing rooms, besides basement, for the term of ten months from the day of , 19—, at the monthly rent of dollars ($ ), payable in gold coin of the United States of America, monthly in advance, on the day of each and every month. And I do hereby promise to make punctual payment of the rent in manner aforesaid, and to quit and surrender the said premises at the expiration of the said term to said lessor, his agent, attorney or assigns, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements alone excepted, and not to let or underlet the whole or any part of the said premises without the written consent of the landlord, under the penalty of forfeiture and damages; and also not to occupy the said premises for any busi- ness deemed extrahazardous on account of fire without the like consent, under the like penalty; nor will I expend any money due for rent for repairs without the written consent of the landlord. Witness my hand [etc.]. [Signature.] ]SroTE. — In California, a tenant may expend one month's rent for repairs, if he notifies the landlord of dilapidations which he should repair, and ivhirh he neglects to do: See Cal. Civ. Code. sec. 1942. 871 Legacy — Libel and Slandeb. LEGACY. Legatee's Bond, No. 776. Legaoies, Pecuniary, No. 3911. Release of Legacy, No. 3254. Eelease hj a Legatee upon His Coming of Age, No. 3255. LETTERS. Letters of Attorney in Fact, No. 681. Letter of Attorney in Fact When Creditor is not Eepresented by Attorney of Law, No. 680. Letters of Administration With Oath of Administrator, No. 1758. Lt'tters of Administration — Nevada — Statutory Form, No. 1759. Letters of Administration — North Dakota— Statutory Form, No. 1760. Letters of Administration — Oklahoma and South Dakota— Statutory Form, No. 1761. Letters of Administration — Oregon — Statutory Form, No. 1762. Letters of Administration — Washington — Statutory Form, No. 1764. Letters of Administration — Wyoming — Statutory Form, No. 1765. Letters of Administration With the Will Annexed, Executor Dying After Qualifying, No. 1779. Letters of Administration With the Will Annexed, Will not Appointing Executor. No. 1778. Letters Testamentary With Will Annexed — Statutory i^ orm — California, No. 1780. Letters of Administration With the Will Annexed — Nevada — Statutory Form, No. 1781. Letters of Administration with Will Annexed — Oklahoma and South Da- kota—Statutory Form, No. 1783. Letters of Administration With the Will Annexed — Wyoming — Statutory Form, No. 1786. Letters of Guardianship, No. 2010. Letters Testamentary, No. 1767. Letters Testamentary — Nevada — Statutory Form, No. 1768. Letters Testamentary — Statutory Form — North Dakota, No. 1770. Letters of Testamentary Administration — North Dakota — Statutory Form, No. 1782. Letters Testamentary — Statutory Form — Oklahoma and South Dakota, No. 1771. Letters Testamentary — Statutory Form — Oregon, No. 1769. Letters Testamentary — Statutory Form — Utah, No. 1772. Letters Testamentary — Statutory Form — Washington, No. 1773. Letters Testamentary — Statutory Form — Wyoming, No. 1774. LIBEL AND SLANDER. 2480. Complaint for libel charging plaintiff with violating trust as agent. 2481. Complaint for libsl In charging crime — Words not libelous on their face. 2482. Complaint for libel indirectly charging perjury. 2483. Complaint for libel — Words not being libelous in themselves. 2484. Complaint for libel for words spoken in foreign language. 2485. Answer — Justification of pul-lication — Truth. 2486. Answer — Justification of libel publication and mitigating clrcmn- stances. 2487. Answer — Justification of publication of libel. Form 2480 Cowdery's Form Book. 872 No. 2480. Complaint for Libel Charging Plaintiff With Violating Trust as Agent. [Title o£ Court and Cause.] The plaintiff for cause of action against the defendant alleges: That the plaintii^ and otliers, being at the time residents of River- side and vicinity in this county, and largely interested in the raising of oranges and other fruits in that locality, sent a collection of such fruit to the World's Fair held at New Orleans in 1884-85, to be at such fair entered and exhibited for premiums; and this plaintiff and H. J. Rudisill attended such fair in charge of said fruit, as the agents and representatives of all such contributors, to see that said fruit was prop- erly entered and exhibited at said World's Fair. That the plaintiff performed his duty as such agent and representa- tive, and tliereafter, on or about the day of April, 1885, returned to his place of residence at said Riverside, That thereafter, on April 25, 1885, the defendant, being at the time the editor and publisher of a weekly newspaper published at said Riverside, and called the "Press and Horticulturist," published in said newspaper, in a regular issue thereof of that date, an article entitled "Intelligent Report from New Orleans" (referring to said World's Fair), in which article the defendant used and published the following language : "After a lapse of several weeks, we are enabled to publish a report from the citrus fruit contest at New Orleans, in which Riverside and our readers generally throughout California are so universally interested. Although we had two representatives at New Orleans" (meaning this plaintiff and H. J. Rudisill), "and one of them" (meaning this plaintiff) "returned home with this information in his pocket two weeks ago, yet we had to wait till the Florida papers bring us this information, so that it could be given to our people, who furnished the fruit with which to make the exhibit"— meaning the fruit in charge of this plaintiff and H. J. Rudisill aforesaid. (Here followed in said article the report referred to.) That in said issue of said newspaper and side by side with said arti- cle and commenting thereon, the defendant published another article, etc., entitled, "A Little World's Fair History," in which the defendant used and published the following language : "Eighty of our fruit-growers contributed 164 boxes of fruit, an average of more than two boxes each, and the exhibit was sent to New Orleans, Messrs. James Bettner and H. J. Rudisill going to take charge of the same" (meaning the fruit sent by this plaintiff and others in charge of this plaintiff and H. J. Rudisill, as before in this complaint alleged). "We have done our best by telegraphing and making personal appli- cations to get news for our readers, and up to the present time have got no report of what our representatives did at New Orleans, and 873 Libel and Slander. Form 2180 hence have to depend entirely on Florida reports and Kimball Brothers of National City for news. "We find that out of eighty contributors only thirteen had any fruit entered for premiums, and out of thirty-two entries James Bottner had eleven entered in his name. "When it came to lemons, Mr. E. W. Holmes" (meaning one of said contributors who had sent fruit in charge of this plaintiff and H. J. Rudisill) "picked the very best he had to send to Nev/ Orleans, and yet with what he had left he took the premium at Riverside, but his lemons were not entered at all at New Orleans. R. P. Waite and scores of others whom we might mention" (meaning others of said contributors) "were also left out in the cold. "Messrs. Kimball Brothers took an entire citrus fair to New Orleans, and were at liberty to enter any of the fruit therein contained in their own name for premiums; hence in making their selections they had an entire citrus fair to select from. In the Riverside exhibit, with few exceptions, Mr. Bettner was confined to his OAvn exhibit of eight boxes from which to select fruit to make eleven entries and secure five premiums. "We will say in this connection that the officers of the fruit com- pany here in Kiverside tried to conduct the exhibit in an honorable upright manner, but the management got beyond their control. Those who shipped the fruit had a right to a report when Mr. Bettner re- turned, but not a word has he made public, and we don't blame him for not wanting to make one." That by the use and publication of said words and language, used and published by the defendant as aforesaid, he intended to charge and assert, and to be understood as charging and asserting, and by the readers of said newspapers was in fact understood as charging and asserting, that this plaintiff, in violation of his trust as said ageit and representative, had corruptly and dishonestly failed to make a proper entry or exhibit at said World's Fair of fruit sent by said con- tributors in his charge, but had himself appropriated fruit belonging to others of said contributors, and had entered and exhibited in his own name and for his own benefit fruit that he should have entered and exhibited in the name of and for the benefit of some other or others of said contributors; that the exhibit of fruit so sent from Riverside was not conducted in an honorable or upright manner, because of the corrupt and dislionorable action of this plaintiff as said agent and repre- sentative; and that plaintiff had refused to furnish information to said newspaper, or to make any report of his action as such agent and representative, and did not want to make such report, because such in- formation or report if given or made, would disclose corrupt and dis- lionest conduct on the part of the plaintiff such as was charged by the defendant in said articles-. Form 2481 Cowdery's Form Book. 8Y4 That said charge, so made and published by the defendant, and so understood and by him intended to be understood by the readers of said newspaper, was and is false, scandalous and un])rivileged, and did and does expose the plaintiff to hatred, contempt and obloquy, by imputing to him dishonesty and corruption in violation of his trust as said agent and representative. That said articles were so published by the defendant as editorials, with the apparent and express sanction and authority of the defendant as the editor and publisher of said newspaper; and said issue of said newspaper containing said articles was by the defendant widely cir- culated among the people of said Riverside and vicinity, and through- out this county and state, and elsewhere, and said articles were gen- erally read by the subscribers of said newspaper and others, and were by them generally understood to have the sense and meaning afore- said, and to charge the plaintiff with corrupt and dishonorable conduct, as hereinbefore stated. That the plaintiff has thereby been damaged in the sum of ten thou- sand dollars. Wherefore the plaintiff demands judgment against the defendant for the sum of ten thousand dollars and costs. , Attorney for Plaintiff. [Verification,] NOTE.— Precedent in Bettner v. Holt, 70 Cal. 271, 11 Pae. 713. No. 2481. Complaint for Libel in Charging Crime — Words not Libelous on Their Face. [Title of Cause.] The plaintiff complains, and alleges: 1. That, at the time hereinafter mentioned, the dwelling-house of the defendant had been burned down, and it was suspected that it had been feloniously set on fire. 2. That on the day of , 19 — , at , the defendant pub- lished in a newspaper called the the following words concerning the plaintiff: "One kindled the fire, and I can prove it." 3. That the defendant meant thereby that the plaintiff had feloniously set fire to said house, and said publication was so understood by those who heard it. 4. That the said publication was false and defamatory. 5. That the plaintiff hath sustained damage by reason of said false and defamatory publication in the sum of dollars ($ ). Wherefore [etc.]. [Signature.] 875 Libel and Slander. Forms 2482-2484 No. 2482. Complaint for Libel Indirectly Charging Perjury. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That before the committing of the grievances by the defendant hereinafter mentioned, a certain action had been pending in the superior court of the county of Humboldt, state of California, wherein one A. B. was plaintiff, and one C. D. was defendant, and which action had been then lately tried in said court, and on such trial the plaintiff herein was examined on oath, and had given his evidence as a witness in behalf of the said A. B. 2. That on the twenty-second day of July, 1917, at P., the defendant published in a newspaper called the "News," the following words con- cerning the plaintiff and the said action, and concerning the evidence given by the said plaintiff upon the said trial as such witness; that is to say: "He [meaning the plaintiff] was forsworn on the trial [mean- ing the said trial], and that he, the said plaintiff, in giving his evidence as such witness on said trial had committed willful and corrupt per- j«ry." 3. That said publication was and is false and defamatory. 4. That by reason of said false and defamatory publication the plain- tiff hath been damaged in the sum of $2,750. Wherefore [etc.]. [Signature.] No. 2483. Complaint for Libel — ^Words not Being Libelous in Them- selves. [Title of Cause.] The plaintiff complains, and alleges: 1. That the plaintiff is, and was, on and before the day of , 19 — , a merchant doing business in the city of •. 2. That on the day of , 19 — , at , the defendant pub- lished in a newspaper called the , the following words concerning the plaintiff: [ , of this city has modestly retired to foreign lands. It is said that creditors to the amount of thousand dollars ($ ) are anxiously seeking his address.] 3. That the defendant meant thereby that [the plaintiff had ab- sconded to avoid his creditors, and with intent to defraud them]. 4. That the publication was false. Wherefore [etc,]. [Signature.] No. 2484. Complaint for Libel for Words Spoken in Foreign Language. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the twenty-fourth day of July, 1917, at P., the defendant in the presence and hearing of divers persons who undei-stood the Ger- Forms 2485, 24S6 Cowdery's Form Book. 876 man language, spoke concerning the plaintiff the following words in the said German language [here set forth the words in the German or for- eign language] ; and which said words signified, and were understood to mean in the English language [here set forth a correct translation of the words in English] ; and the said German words were so understood by the said persons in whose presence and hearing they were spoken. 2. That the defendant meant thereby [set forth innuendo], 3. That the said publication was false and defamatory. 4. That in consequence [state special damage]. 5. That by reason of the speaking and publication of the said false and defamatory words the plaintiff hath been injured in his reputation, to his damage $2,990. [If special injury as to business is alleged, add, after the word "reputation," the words "and business."] Wherefore [etc.]. [Signature.] No, 2485. Answer — Justification of Publication — Truth. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: That the supposed defamatory words in the complaint set forth are each and all of them true No. 2486. Answer— Justification of Libel, Publication and Mitigat- ing Circumstances. [Title of Court and Cause.] The defendant answers to the complaint: First — For a defense: That the publication complained of was true. [If the alleged libel was not specific in its charges, state the facts upon which it was founded.] Second — As mitigating circumstances: 1. That on the second day of February, 1917, the plaintiff accused one B. C. of burglary at P. 2. That thereupon an officer of the police of P. took the said B. C. into custody, and conducted him to a station-house. 3. That while at the station-house, the said B. C. made to the cap- tain of police there in command a statement, which is fairly and truly reported in the publication complained of [or made a statement to tlie effect that the robbery with which he was charged was planned by the plaintiff, and was effected by him and the plaintiff in concert ; that they quarreled over the division of the plunder, and that thereupon the plaintiff charged him with the felony] . 4. That afterward, the plaintiff was arrested by a police officer, and conveyed before J. P., a police justice of the city of P., and held to bail by the said justice, to answer the charges of the said B. C. 5. That the publication complained of contained a fair and true statement of the preceding circumstances. 877 Libel and Slander — Liens. Form 2487 6. Tliat it was published in a newspaper belonging to the defendant, by bis employees, without his knowledge or consent. 7. That the persons publishing it inserted it as an item of public news, witliout malice, believing the same to be true. No. 2487. Answer — JiLstification of Publication of LibeL [Title of Court and Cause.] The defendant answers the complaint, and allczes: 1. Tliat on the twentieth day of May, 1917, at P., an action was tried in the superior court of P., in which A. B. was plaintiff, and the plaintiff herein was defendant [or an indictment having been found against the plaintiff for libel, he was tried therefor in the superior court; or otherwise, as the case may be]. 2. That the article published in the defendant's newspaper, men- tioned in the complaint, was a fair and true report of the testimony of one of the witnesses, named E. F., made in the course of the said trial. LICENSE. License — Exclusive Territorial Grant by an Assignee, No. S938. License — Not Exclusive With Royalty, No. 2938. License— Shop Eight, No. 2937. License to Use Wall of Adjoining Building, No. 2901. LIENS. 2498. Notice of contractor's claim of lien. 2499. Verification of claim of lien. 2500. Notice of subcontractor's claim of lien. 2501. Notice of materialman's claim of lien. 2502. Notice of laborer's claim of lien. 2503. Notice of architect's claim of lien. 2504. Notice that owner will not be responsible for improvements. 2505. Notice of performance of labor for, or of furnishing materials to. contractor — Witlihold. notice. 2506. Notice of completion of work. 2507. Affidavit of owner to notice of completion. 2508. Affidavit on behalf of owner to notice of completion. 2509. Claim for mechanic's lien — Washington. 2510. Affidavit to claim for mechanic's lien — Washington. 2511. Claim against bond given on contract for public work — Washin'^ton. 2512. Affidavit for attachment when plaintiff has lien upon logs and tiinber for labor performed. 2513. Notice of sale of impounded property to satisfy lien. 2514. Notice of claim of lien for propagating animals. 2515. Affidavit to claim of lien for propagating animals. 2516. Notice of claim of lien — Fishing industry — Oregon. 2517. Affidavit to claim of lien — Fishing industry — Oregon. 2518. Notice of claim of lien upon chattels, for labor, skill and materials expended — Oregon. 2519. Notice of claim of lien upon chattels, for labor, skill and materials expended — Washington. 2520. Affidavit to claim — Oregon. Form 2498 Cowdeby's Form Book. 878 2521. Notice of claim of lien on railroad property^Oregon. 2522. Answer alleging lien on goods as manufacturer, etc 2523. Answer alleging lien upon goods for storage. 2524. Notice of sale of impounded animal to satisfy lien. 2525. Notice of public sale by liolder of lien for services rendered on chattel. 2526. Notice to assignee of lien of servant, etc. 2527. Notice of lien of laborer to officer holding attachment. CKOSS-REFERENCES. See Release. Laborer's Lien. See Lien. Release of Lien on Land by a Judgment Creditor, No. 3256, No. 2498. Notice of Contractor's Claim of Lien. Notice is hereby given that, on or about the day of , 19—, ■ entered into a contract with for the construction and erection [or, alteration; or, repair] of a certain building on the premises described as follows, to wit: . That the name of the owner [or, reputed owner] of said premises is ■; and the name of the contractor who engaged with the said to erect [or, alter; or, repair] said building is , the undersigned; That notice of the completion of said building was filed by the owner, as required by law, on the day of , 19 — ; That the said agreed to erect [or, alter; or repair] the building above indicated, and to furnish the materials to be used in the build- ing and construction [or, alteration; or, repair] thereof, upon the terms, at the times given, and upon conditions as follows, to wit : . That said contract has been fully performed on the part of the said ■; that all of said materials furnished were actually used in the construction [or, alteration; or, repair] of said building; that said building was finished on the day of , 19 — ; that within ten days thereafter, notice of completion was filed; and that sixty days have not elapsed since such filing; That the amount of the contract price for said building, furnished as aforesaid, is dollars ($ ), in current lawful money of the United States; that the sum of dollars ($ ) has been paid on account of said contract price; and that the sum of dollars ($ ) is still due and owing thereon to said contractor, , after deducting all just credits and offsets. Wherefore the said claims a lien upon the above-described premises, [Signature.] [To be verified.] NOTE.— See Cal. Code Civ. Proc, sec. 1187. 679 Liens. Forms 2499, 2500 No. 2499. Verification of Claim of Lien. State of , County of , ss. , being duly sworn, says that he is the person named as in the foregoing claim of lien; that he has read the same and knows the contents thereof; that the same is true; and that it contains, among other things, a correct statement of his demand, after deducting all just credits and offsets. ro- x i *• [Signature.] Subscribed and sworn to [etc.]. rr^ai • i ■ ^ ^ "■ [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1187. No. 2500. Notice of Subcontractor's Claim of Lien. [Title of Court and Cause.] Notice is hereby given that, on or about the day of , 19 — , • entered into a contract with for the construction and erec- tion of a certain building on the premises described as follows, to wit: [Description.] That the name of the owner of said premises is ; and the name of the contractor who engaged with the said to erect said building is . That notice of the completion of said building was filed by the owner, as required by law, on the day of , 19 — . That the undersigned, , on or about the day of , 19 — , entered into a written contract with the said , under and by which he was to perform certain labor and furnish materials for the con- struction [or, alteration; or, repair] of said building, and the follow- ing is a statement of terms, time given, and conditions of said contract, to wit: ; That said contract has been fully performed on the part of said that all of said materials furnished were actually used in the construction [or, alteration; or, repair] of said building; that said building was finished on the day of , 19 — ; that within ten days thereafter notice of completion was filed, and that thirty days have not elapsed since said notice of completion was filed ; That the amount of the contract price for said labor performed and materials furnished as aforesaid v/as and is dollars ($ ), cur- rent lawful money of the United States; that the sum of dollars ($ ) has been paid on account of said contract price; and that the sum of dollars ($ ) is still due and owing thereon to said , after deducting all just credits and offsets. Wherefore the said claims a lien upon the above-described premises. [Signature.] [To be verified.] NOTE.— See Cal. Code Civ. Proc, sec. 1187. Forms 2501, 2502 Cowdery's Form Book. 880 No. 2501. Notice of Materialmaji's Claim of Lien. [Title of Court and Cause.] Notice is hereby given that, on or about the day of ■ , 19^, ' entered into a contract with for the construction and erection of a certain building on the premises described as follows, to wit: [Description.] That the name of the owner of said premises is ; and the name of the contractor who engaged with the said to erect said building is . That notice of the completion of said building was filed by the owner, as required by law, on the day of , 19 — . That the undersigned, , furnished and supplied materials to be used, and which were actually used, in the construction of said build- ing. That said building was finished on the day of , 19 — . Tliat within ten daj^s thereafter notice of completion was filed. That thirty days have not elapsed since said notice of completion was filed. That the said materials were furnished to , contractor as afore- said, ui^on the terms, time given and conditions as follows, to wit: . That the amount of the contract price for said materials was and is dollars ($ ), current lawful money of the United States; that the sum of dollars ($ ) has been paid on account of said con- tract price, and that the sum of dollars ($ ) is still due and owing thereon to the undersigned, after deducting all just credits and offsets. Wherefore the said claims a lien upon the above-described premises. [To be verified.] NOTE.— See Cal. Code Civ. Proc, sec. 1187. [Signature.] No. 2502. Notice of Laborer's Claim of Lien. [Title of Court and Cause.] Notice is hereby given that, on or about the day of , 19 — , entered into a contract with for the construction and erection of a certain building on the premises described as follows, to wit: [Description.] That the name of the owner of said premises is ; and tlie name of the contractor who engaged with the said to erect said building is . That notice of the completion of said building was filed by the owner, as required by law, on the day of , 19 — . That the undersigned performed labor upon and in the construction [or, alteration; or, repair] of said building; that he was employed to do 881 Liens. Form 2503 such labor by ; that thirty days have not elapsed since said notice of completion was filed; that said agi-eed to pay me dollars ($ ) for each day's work, payable weekly; that I worked on said building- full days ; that the amount of the contract price for said labor so furnished as aforesaid was and is dollars ($ ), current lawful money of the United States; being at the rate of dollars ($ ) per day as aforesaid; that nothing has been paid on account of said contract price [or state what has been paid, if anything] ; and that the sum of dollars ($ ) is still due, owing and unpaid thereon to said claimant, , after deducting all just credits and offsets. Wherefore the said claims a lien upon the above-described premises. [To be verified.] NOTE.— See Cal. Code Civ. Proc, sec. 1187. [Signature.] No. 2503. Notice of ArcMtect's Claim of Lien, [Title of Court and Cause.] Notice is hereby given that, on or about the day of , 19^, . entered into a contract with for the construction and erec- tion of a certain building on the premises described as follows, to wit: [Description.] That the name of the owner of said premises is ; and the name of the contractor who engaged with the said to erect said building is . That notice of the completion of said building was filed by the owner, as required by law, on the day of , 19 — . That the undersigned, , was employed by , the said contractor, to draw plans and specifications for him, the said contractor, for which he agreed to pay the undersigned, on or before the day of , 19 — ^ what said plans and specifications were reasonably worth ; that the undersigned drew said plans and specifications and delivered them to said contractor, to be used, and they were used, by him in the construc- tion [or, alteration; or, repair] of said building; that thirty days have not elapsed since said notice of completion was filed; that said plans and specifications were and are reasonably worth the sum of dollars ($ ) ; but that nothing has been paid therefor or thereon ; and that said contractor is now indebted to the undersigned, for said plans and specifications, in the sum of dollars ($ ), after deducting all just credits and offsets. Wherefore the said claims a lien upon the above-described premises. [Signature.] [To be verified.] NOTE. — See Cal. Code Civ. Proc, sec. 1187. Form Book — 56 Forms 2504-2506 Cowdery's Form Book. 882 Wo. 2504. Notice That Owner will not be Responsible for Improve- ments. To Whom It May Concern. Notice is hereby given that I, , the undersigned, am the owner of certain premises described as follows, to Avit: ; that I have obtained knowledge that a building is being constructed on said prop- ertj'; that ten days have not elapsed since I obtained such knowledge; and that I will not be responsible for the construction of said building, or for the material or labor used or to be used therein, or for any altera- tion or repair thereof, or for any work done upon said building, or any addition thereto, now upon said land, or which has been performed, furnished or used in anj^ manner or way upon said land, or upon the building thereon, or addition thereto, or whicli may hereafter be per- formed, furnished or used upon said land, or building, or addition thereto, or for the services of any architect. Dated , 19—. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1192. No. 2505. Notice of Performance of Labor for, or of Furnishing Mate- rials to, Contractor — Withhold Notice. To . You are hereby notified that on the day of , 19 — , I, > the undersigned, performed days' labor as a , at the agreed price of dollars ($ ) per day, for , the contractor who is now constructing for you the building at , of which building you are the reputed owner, which was all the work I agreed to do; and you are further notified that on the day of , 19 — , I furnished brick, mortar, lime and iron to , the said contractor, for use in said build- ing, of the value of dollars ($ ), and agreed to furnish further materials of like kind of the value of dollars ($ ), the whole of said materials so furnished and to be furnished being of the value of . dollars ($ ). Dated , 19—. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1184. No. 2506. Notice of Completion of Work. Notice is hereby given that I, , as owner of the property herein- after described, caused a building to be constructed [or, altered; or, added to ; or, repaired] upon the property hereinafter described, the con- tract for doing which was heretofore made with , as contractor, and filed for record in the oflSce of the recorder of the county of , on the ■ day of , 19 — ; that the work on said building was actually completed on the day of , 19 — [or, in case of cessation from labor for thirty days, state the fact of such cessation, and that it actu- 883 Liens. Forms 2507-2509 ally occurred on the day of , 19—] ; that the nature of the title to said property of said owner is as follows, that is to say, he owns it in fee; and that the property horcinhefore referred to, and on wliich said building is situated, is described as follows, to Avit: . Dated , 19—. [Signature.] [Affidavit.] NOTE.— See Cal. Code Civ, Proc, sec. 1187. No. 2507. Affidavit of Owner to Notice of Completion. State of , County of , ss. , being duly sworn, says that he is the owner of the property de- scribed in the foregoing notice; that he has read the same, and knows the contents thereof; and that the facts stated therein are true. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — See Cal. Code Civ. Proe., sec. 1187. No. 2508. Affidavit on Behalf of Owner to Notice of Completion. State of , County of , ss. , being duly sworn, says that he has read the foregoing notice, and knows the contents thereof ; that he has personal knowledge of the facts therein stated ; that the same are true ; that the owner m.entioned in said notice is absent ; and that for this reason affiant makes this affidavit on behalf of the said owner. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — See Cal. Code Civ. Proc, sec. 1187. No. 2509. Claim for Mechanic's Lien — ^Washington. , Claimant, v. . Notice is hereby given that, on the day of , 19 — , said claim- ant, at the request of , commenced to perform labor upon , of which property the owner, or reputed owner, is [or if tlie owner or reputed owner is not known, insert word "unknown"], tlie performance of which labor ceased on the day of , 19 — ; that said labor performed was of tlie value of dollars ($ ), for which labor the undersigned claims a lien upon the property herein described for the sum of dollars ($ ). , Claimant. Forms 2510-2512 Cowdery's Form Book. 88i NOTE.— See Wash. Rem. Code, sec. 1134. This claim of lien must be verified by the oath of the claimant, or some person in his behalf. See next succeeding form. Any number of claimants may join in the same claim for the purpose of filing the same and enforcing their liens; but in such case the amount claimed by each original lienor, respectively, shall be stated; but it is not necessary to insert in the notice of claim of lien any itemized statement or bill of particulars of such claim. No. 2510. Affidavit to Claim for Mechanic's Lien — Washington. State of , County of , ss. , being sworn, says : I am the claimant above named ; I have heard the foregoing claim read, and know the contents thereof, and believe the same to be just. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Wash. Rem. Code, sec. 1134. No. 2511. Claim Against Bond Given on Contract for Public Work — Washington. To . Notice is hereby given that the undersigned has a claim in the sum of dollars ($ ) against the bond taken from for the woi-k of . [Signature.] NOTE.— See Wash. Rem. Code, sec. 1161. No. 2512. Affidavit for Attachment When Plaintiff has Lien upon Logs and Timber for Labor Performed. [Title of Court and Cause. 1 State of California, County of Humboldt, — ss. L. A. B. R., being sworn, saj's: That he is plaintiff in the above- entitled action. That defendant is indebted to him in tlie sum of $350, gold coin of the United States, for his personal services upon a demand for labor performed upon a contract for the rafting of logs and other timber. That said amount is an actual bona fide existing debt due and owing from defendant to plaintiff, and the action to recover said amount is not brought to hinder, delay or defraud any creditor or creditors of devendant. L. A. B. R. [Verification.] NOTE.— California, Civ. Code, sec. 3065. 885 Liens. Forms 2513-2515 No. 2513. Notice of Sale of Impounded Property to Satisfy Lien. Notice is hereby given that, on , the day of , 19 — , at 12 o'clock M., at the public pound, in the city and county of , at No. street, there will be offered for sale, and sold to the highest bidder for cash, payable in gold coin of the United States at the con- summation of the sale, certain animals, described as follows, to wit: ; and certain personal property described and in condition as fol- lows, namely : -. Dated , 19—. [Signature.] NOTE.— See Cal. Pen. Code, sec. 597a; Cal. Code Civ. Proc, sec. 1208. The section first cited provides for a lien upon animals and the wagons and contents to which they are attached when impounded; and the section last cited provides for the sale of such impounded property. No. 2514. Notice of Claim of Lien for Propagating Animals. Notice is hereby given that I, , the undersigned, am, and was at all times herein mentioned, the owner of a certain stallion, named , used for propagating purposes; that, on or about the day of , 19 — , , the owner of a certain mare, in the county of , de- scribed as follows : , agreed to pay the said , for the propagat- ing service of said stallion upon said mare, the sum of dollars ($ ) ; that said service was performed at , on or about the day of , 19 — ; that payment for said service has not been made ; and that the said claims a lien in the amount of dollars ($ ) upon the said mare for said service, and also upon the offspring of such service. Dated , 19—. [Signature.] [To be verified.] NOTE.— See Cal. Civ. Code, sec. 3063. No. 2515. Affidavit to Claim of Lien for Propagating Animals. State of , County of , ss. , being duly sworn, says that he is the claimant in the foregoing notice of claim of lien; that he has read said notice, and knows the contents thereof; and that the facts therein stated are true. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Civ. Code, sec. 3063. ^ . This form is to be attached to the preceding one, and forms part thereof. The verified claim must be filed by the claimant in the oflSce of the county recorder of the county where the mare or cow subject thereto is kept, within ninety days after the service on account of which the lien is claimed. Forms 2516-2518 Cowdery's Form Book. 886 No. 2516. Notice of Claim of Lien— Fishing Industry — Oregon. , Claimant, v. , Defendant. Notice is hereby given that claims a lien upon , which is now situate and being in tlie county of , state of , for work and labor performed; that the name of the ovviier, or reputed owner, is ; that employed said to perform such work, labor, and services upon the following conditions: ; that said contract has been faithfully performed and fully complied with on the part of said , who performed labor upon and assisted in for the period of ; that said work, labor and services were so performed and ren- dered upon said property between the day of , 19 — , and the day of , 19 — , and the rendition of said services was closed on the day of , 19 — ; and thirty days have not elapsed since that time; that the amount of claimant's demand for services is the sum of dollars ($ ) ; that no part thereof has been paid, except the sum of dollars ($ ) ; and that there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of dollars ($ ), in which amount he claims a lien upon said property. Dated , 19—, [Signature.] NOTE.— See Or. Laws 1903, p. 122, sec. 5. The statute referred to gives a lien to protect boat-pullers, fishermen and laborers engaged in the fishing industry. No. 2517. Affidavit to Claim of Lien — rishing Industry — Oregon. State of , County of , ss. I, , being first duly sworn on oath, say that I am the named in the foregoing claim; and that I have heard the same read, know the contents thereof, and believe the same to be true. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Or. Laws 1903, p. 122, sec. S. No. 2518. Notice of Claim of Lien upon Chattels for Labor, Skill and Materials Expended — Oregon. , Claimant, v. , Defendant. Notice is hereby given that claims a lien upon for and on account of labor, skill and materials expended upon the ; that the name of the owner, or reputed owner, is ; that the said labor, skill and materials were expended upon the said property between the day of , 19—, and the day of , 19—, and the rendition of the labor, skill and materials so expended by the claimant above 887 Liens. Forms 2519-2521 named was closed on the day of , 19 — ; that sixty (60) days have not elapsed since that time; that the amount claimant demands for said labor, skill, and materials so expended is dollars ($ ) ; that no part thereof has been paid except dollars ($ ), and there is now due and remaining unpaid thereon, after deducting all just claims and offsets, the sum of dollars ($ ), in which amount he claims a lien upon said property. Dated , 19—. [Signature.] NOTE.— See Or. Laws 1909, p. 224. The statute referred to gives a lien for labor, skill and materials ex- pended upon chattels by blaclcsmiths, wagonmakers, automobile repairers and mechanics. No. 2519. Notice of Claim of Lien upon Chattels, for Labor, Skill and Materials Expended — Washington. , Claimant, v. , Owner. Notice is hereby given that has and claims a lien upon , owned by , for the sum of dollars ($- ■), for and on account of labor, skill, and material expended upon said , which was com- pleted upon the day of , 19 — , Dated , 19—. — — , Claimant, NOTE.— See Wash. Rem. Code, sec. 1155. No. 2520. Afladavit to Claim — Oregon. State of , County of , ss. I, , being first duly sworn, on oath say that I am , named in the foregoing claim; that I have heard the same read, and know the contents thereof, and believe the same to be true. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Or. Laws 1909, p. 224. No. 2521. Notice of Claim of Lien on Railroad Property — Oregon. To the . You are hereby notified that I am employed by , the contractor of said railroad company or corporation, to perform work as a laborer for such contractor in conformity to his contract with said company or corporation; that my said labor is of the value of dollars ($ ), which sum the said contractor agreed to pay me therefor; and upon which there is now due to me the sum of dollars ($ ) ; and Forms 2522-2524 Cowdery's Form Book. 888 that I shall hold all property of said railroad company or corporation to secure my pay. ^ , , TO [Signature.] Dated , 19 — . NOTE.— See Lord's Oregon Laws, see. 7430. No. 2522. Answer Alleging Lien on Goods as Manufacturer, etc. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That said goods were manufactured by the defendant, as tailor, and that he detained them, by virtue of his lien as a mechanic and the manufacturer thereof, as security for the payment of dollars ($ ), which is the amount due him from the plaintiff for work and labor in manufacturing them. 2. That the defendant has always been, and still is, ready and willing to deliver the said goods to the plaintiff upon receiving the said amount. 3. That the plaintiff has not paid or tendered to the defendant the said amount of dollars ($— ) due thereon. nr -fl ,■ 1 [Signature.] [Verification.] No. 2523. Answer Alleging Lien upon Goods for Storage. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That on the day of , 19 — , the plaintiff deposited the goods mentioned in the complaint with the defendant for storage, agree- ing to pay for the same cents per per . 2. That the defendant has always been, and still is, ready and will- ing to deliver the said goods to the plaintiff, upon the payment of the storage money due. 3. That the plaintiff has not paid or tendered to the defendant the storage money due. [Signature.] [Verification.] No. 2524. Notice of Sale of Impounded Animal to Satisfy Lien. Notice is hereby given that on the 3d day of July, 1917, at 12 o'clock M., at this public pound in the city and county of San Francisco, at No. 1464 San Bruno Avenue, there will be offered for sale and sold to the highest bidder for cash, payable at the consummation of the sale, one wliite mare, fifteen hands high, about twelve years old. Dated . A. B. NOTE.— Code Civ. Proc, sec. 1208; Act of March 21, 190-5, Stats., p. 632. Section 597 of the Penal Code provides for a lien upon animals and the wagons and contents to which they are attached when impounded: Stats. 1905, pp. 679-682; and section 1208, Code of Civil Procedure, provides for the sale of such impounded property. 889 Liens. Forms 2525-2527 No. 2525. Notice of Public Sale by Holder of Lien for Services Ren- dered on Chattel. To Whom It May Concern: Notice is hereby given that on Wednesday, the eleventh day of July, 1917, at the liour of 11 A. M. on said day, at tlie premises known as the Civic Center Garage, situate on the northeast corner of Golden Gate Avenue and Leavenworth Street, and known as 176 Golden Gate Avenue, San Francisco, California, the undersigned will sell at public auction one motorcycle, Lidian manufacture, numbered 75 Fo 46. Said auction and sale will be made under and by virtue of sections 3051 and 3052 of the Civil Code of California, and for the purpose of satisfying the lien of the undersigned on said motorcycle in the sum of seventy (70) dollars, together with the costs of said sale, said sum being for services rendered the owner of said motorcycle by the under- signed, a keeper of a garage for automobiles and motorcycles, for its compensation in garaging, caring for and safekeeping the said motor- cycle. Dated, San Francisco, June 27, 1917. Central Garage Company, A Corporation. By I. L. Marks, President. No. 2526. Notice to Assignee of Lien of Servant, etc. [Title of Court and Cause.] To A. B., Assignee of C. D. : Please take notice that within sixty days previous to the time of the assignment of C. D. to you on account of his, C. D.'s, inability, at the time of said assignment, to pay his debts, the undersigned performed labor for him as a miner, working for liim in the Hard Scrabble Mine, at Downieville, Sierra County, California, and the amount due the undersigned is $100, for which amount the undersigned claims a pref- erence, [Dated and signed.] No. 2527. Notice of Lien of Laborer to Officer Holding Attachment. [Title of Court and Cause.] To A. B., Sherife, etc. : Please take notice that the undersigned has and claims a preferred lien for labor performed by him for C. D., the defendant in said action, within six months prior to the levy by you of the attachment you liold against the property of said defendant, which cLiim amounts to $96. The said labor consisted of stable work in the stable attaclied by you under such writ. [Signature.] NOTE'.— Code Civ. Proc, sec. 1206. Forms 2556, 2557 Cowdery's Form Book. 890 LIS PENDENS. See Noticea. Lis Pendens— Action to Quiet Title, No. 3183. Lis Pendens in Partition, No. 2862. LOCATION NOTICE. See Mining. LODE CLAIM. See Mining. LOST INSTRUMENTS. Lost Instruments — Complaint on Lost Note, No. 3143. LOST PROPERTY. 2556. Afadavit of finder of lost property. 2557. Appraisement of lost property. No. 2556. Affidavit of Finder of Lost Property. State of , County of , ss. , being duly sworn, deposes and says that he resides at , county of , state of ; that on the day of , at in said county and state, he found the following described property, namely: ; that said property was in danger of being lost or de- stroyed; that he took charge of and saved said property by storing it at ; that he does not know who the owner of said property is; that the value tliereof is over dollars ($ ) ; and that he has not secretly withheld, or disposed of, any part of said property. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Pol. Code, sees. 3136, 3137; Cal. Civ. Code, see. 1865. No. 2557. Appraisement of Lost Property. Slate of , County of , ss. We, the undersigned, appointed to appraise lost property described in the affidavit of , now on file in the office of , justice of the peace of township, county of , state of , being duly sworn, do say that the property mentioned in said affidavit has been exhibited g91 Malicious PiiOSECUTroN. Form 2580 to us; that the following is a correct description thereof, to wit and that we appraise the same at the siun of dollars ($ ). [Signatures.] Subscribed and sworn to [etc.]. [Official sicrnature.] NOTE.— The finder must make and file the affidavit referred to within five days from the finding, with the iustice of the peace of the county, whose office is nearest the place of finding, describing the property and time and place of finding, and all the circumstances of the finding. Then the justice summons three appraisers. They examine and appraise the prop- erty and describe and deliver to the finder, who must, within five days, have the appraisement recorded in the recorder's office of the county where found: California, Ciy. Code, sec. 1865. MALICIOUS PROSECUTION. 2580. Complaint for malicious prosecution— Opening Fluma. 2581. Complaint for malicious arrest. 2582. Answer justifying arrest on suspicion. 2583. Answer justifying arrest on criminal process. No. 2580. Complaint for MaJicious Prosecution— Opening Flume. [Title of Court and Cause.] I. That on the nineteenth day of July, A. D. 1894, the said defend- ants, contriving and maliciously intending to injure the said plaintiff in his good name and reputation, and to cause him to be imprisoned, falsely and maliciously, and without any reasonable or probable cause therefor, procured and caused plaintiff to be charged before E. J. Ensign, a jus- tice of the peace of San Diego township, county of San Diego, state of California, with the crime of: "Without authority from the San Diego Flume Company (a corporation), of said county, or any agent thereof, did raise, disturb, and open an appurtenance attached to a flume belong- ing to said San Diego Flume Company, then and there used for the pur- pose of holding and conveying water for agricultural and domestic uses, and which said appurtenance was so attached to said flume or conduit for the purpose of measuring and controlling water held and conveyed in and by said flume or conduit, and used for said purposes,"— and there- upon caused said justice to make out a warrant in due form of law under his hand, for the apprehension of plaintiff, and falsely and maliciously, and without probable cause therefor, caused plaintiff to be arrested on said charge, and to be imprisoned for two hours, and compelled to give bail in the sum of one hundred dollars ($100) for his release. II. That on the thirty-first day of July, 1894, at the trial of said cause, the plaintiff was acquitted of said crime, and said prosecution is wholly ended and determined. III. That by means of which said acts the plaintiff has been greatly injured in his credit and reputation, and brought into public scandal, in- famy and disgrace, and has suffered great anxiety and pain of body and Forms 2581, 2582 Cowdery's Form Book. 892 mind, to his damage in the sum of five thousand dollars, and has been forced to laj' out and expend the sum of one hundred dollars in procur- ing his discharge from said imprisonment, and in defending himself. IV. That the defendant San Diego Flume Company is a corporation duly organized under and by virtue of the laws of the state of California, and has its jDrincipal place of business at San Diego, state of California. Wherefore plaintiff demands judgment against said defendants for the Bum of five thousand one hundred dollars ($5,100), and all costs of suit. ■ , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Eunk v. San Diego Flume Co., 5 Cal. Unrep 251, 43 Pae. 519. No. 2581. Complaint for Malicious Arrest. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the first day of , 19 — , the defendant, maliciously in- tending to injure the plaintiff, made affidavit, and procured one to make an affidavit, in an action brought against this plaintiff by defend- ant, in which he alleged ; and that upon said affidavits the defend- ant caused to be issued an order of arrest against this plaintiff, under which the plaintiff was arrested and imprisoned for the space of days, and was compelled to give bail in the sum of dollars ($ ). 2. That in so doing the defendant acted maliciously and without prob- able cause. 3. That thereafter said cause was duly tried and judgment rendered in favor of this plaintiff. Wherefore [etc.]. [Signature.] No. 2582. Answer Justifying Arrest on Suspicion. [Title of Court and Cause.] The defendant answers to the complaint: 1. That at and immediately before the time mentioned in the com- plaint the defendant was a constable of . 2. That he was then informed by that a felony had been com- mitted in said county and state, to wit, ; and said defendant, believ- ing such information to be true, and having reasonable cause, by reason of [state sources of information, and grounds of suspicion against the plaintiff] to suspect the plaintiff of having committed such felony, acted on the information and facts, and, in pursuance of the duties of his office, arrested the plaintiff and brought him before , a justice of the peace of township, in said county and state, to be dealt with according to law. 3. That the above acts are the same of which plaintiff complains. [Signature.] 893 Malicious Prosecution — Mandamus. Forms 2583, 2588 No. 2583. Answer Justifying Arrest on Criminal Process. [Title of Court and Cause.] The defendant answers to the complaint: 1. That before and at the time of the committing of the alleged tres- passes he, the said defendant, was a constable within and for the town of . 2. That a warrant was duly issued by one , a justice of the peace, under his hand and seal, and directed to any constable of said , which then was delivered to this defendant as such constable to be executed; whereby he was commanded to arrest the said plaintiff and bring him forthwith before said justice, there to answer to tlie charge of having . 3. That the said was then and there a justice of the peace, within and for the said town of , duly elected and qualified, and acting as such. 4. That by virtue of the said warrant so issued, he, the said defend- ant, did arrest the said plaintiff, and had him in his custody until he was discharged. [Signature.] MANDA]yiUS. 2588. Petition for writ of mandamus. 2589. Alternative writ of mandamus. 2590. Peremptory writ of mandamus. No. 2588. Petition for Writ of Mandamus. [Title of Court and Cause.] The petition of George W. Babcock respectfully shows and your peti- tioner on oath alleges and deposes: I. That on the twenty-fifth day of June, 1873, the county seat of the said county of Alameda was removed from the town of San Leandro, where the same had previously been located, to the city of Oakland, which has ever since been and now is the county seat and seat of justice of said county. II. That the said county of Alameda has not now and never had any jail or other place for the confinement of prisoners at the said city of Oakland, and that since the removal of the county seat as afore- said, the said county has continued to use as a jail the building pre- viously occupied for that purpose at the said town of San Leandro. III. That said town is about seven miles from the said city of Oak- land, and that said building so used as a jail is not the property of said county, and has only been used temporarily until a jail could be built at the said city of Oakland. IV. That on the second day of August, 1873, and from that time continuously until the eighteenth day of the same month, the board of Form 2588 Cowdery's Form Book. 894 supervisors of said county advertised in various newspapers, printed c'lnd published in said county, for plans and specifications in detail for a jail to be erected at the said city of Oakland, and stated in said advertisement the sum of fifty thousand dollars as the amount author- ized by said board to be expended in the erection of said jail, and the sum of three hundred dollars as the premium to be awarded to the architect whose plans and specifications for the same should be adopted ; and further states, that said plans and specifications would be received by said board up to twelve o'clock, noon, of said last-mentioned day at the office of the clerk of said board in the courthouse at the said city of Oakland. V. Til at on and prior to the said eighteenth day of Aug:ust, 1873, plans and specifications were prepared and delivered to said board in pursuance of said advertisement by several competent architects, and, among others, by the firm of S. C. Bugbee & Son, of the city and county of San Francisco, and that on the nineteenth day of August, 1873, said board examined said plans and specifications prepared and deliv- ered as aforesaid, by the said S. C. Bugbee & Son. VI. That on the fourth day of September, 1873, the said board of supervisors, acting for and on behalf of the said county of Alameda, entered into a written contract with your petitioner for the erection of said jail, in accordance with the plans and specifications adopted as aforesaid, a copy of which contract marked Exhibit "A," is hereto annexed and made part of this petition. VII. Tliat said contract was signed by your petitioner, and by Isham Case, chairman of the said board of supervisors, under authority from said board, and was executed in pursuance of orders and determinations of said board in that behalf duly given and made. VIII. That by the terms of said contract, it is provided that at any time within the time to whicli your petitioner is therein limited in the completion of said jail, and at all tim.es within said period upon the certificate in writing, of the said S. C. Bugbee & Son, architects, to the said board of supervisors, that work, labor and material have been expended upon said jail in strict conformity with the plans and speci- fications thereof, and satisfactorily to the said architects, to any certain amount to be set forth in said certificate, the said board will cause to be paid to your petitioner seventy-five per centum of the said amount Bet forth in said certificate. IX. That immediately after the execution of said contract, your petitioner commenced the erection of said jail in pursuance thereof, and that prior to the third day of November, 1873, work, labor and materials were expended by your petitioner upon said jail, in strict con- formity with the plans and specifications thereof, as aforesaid, to the amount of three thousand eight hundred dollars. X. That on said last-mentioned day the said S. C. Bugbee & Son, as such architects, certified in writing to the said board of supervisors 895 Mandamus. Form 2588 that said work, labor, and materinls had been expended by your peti- tioner, as aforesaid, a copy of which certificate, marked Exhibit "B," is Iiereto annexed and made a part of this petition. XI. That on the twelfth day of November, 1873, your petitioner pre- sented to the said board of supervisors an account against the said county of Alameda for the sum of two thousand eight hundred and fiftj'^ dollars, as the amount due for said work, labor, and materials, being seventy-five per cent of the amount set forth in said certificate ; which said account was duly verified by your petitioner, and a copy thereof and of such verification are hereto annexed, marked Exhibit "C," and made a part of this petition. XII. That said certificate was attached to said account and presented therewith to the said board of supervisors, and that said certificate and account were thereupon filed by the clerk of said board. XIII. That afterward, on the same day, the said board of supervisors examined said account, and made an order allowing the same, and on the twenty-fourth day of November, 1873, made a further order, direct- ing said account to be paid, and directing the auditor to draw his war- rant upon the county treasurer for the amount thereof, and that said orders were duly given and made. XIV. That the said J. V. B. Goodrich was, at the times hereinbefore mentioned, and ever since has been and still is, county clerk of tlie said county of Alameda, and ex-officio auditor of said county, and clerk of the said board of supervisors. XV. That on the twenty-fifth day of November, 1873, and at divers other times after said account had been allowed and ordered to be paid, as aforesaid, your petitioner requested the said Goodrich, as auditor of said county, to draw his warrant upon the county treasurer in favor of your petitioner in payment of said account, and then and tlicre de- manded said warrant of the said Goodrich, as such auditor, and that t'le said Goodrich refused to comply with said requests and demands, and refused to draw such warrant or any warrant in payment of said account, and so to do has ever since refused and still refuses ; that said requests and demands were made at the office of the said Goodrich in said county, and that in reply tliereto the said Goodrich stated to your petitioner, among other things, that he would not draw said warrant unless the courts should compel him to do so. XVI. That the refusals by the said Goodrich as aforesaid have de- prived your petitioner of the means of obtaining payment of said account, and that he has not any plain, speedy, or adequate remedy in the ordinary course of law. Wherefore, your petitioner prays that a writ of mandate may be issued out of this honorable court, directed to the said J. V. B. Goodrich, as auditor of the said county of Alameda, and commanding him as such auditor to draw his warrant upon the county treasurer of said county Form 2589 Cowdery's Form Book. 896 in favor of your petitioner, for the amount of said account and in pay- ment thereof, and to do such other acts and things as may be necessary or proper in the premises. Your petitioner further states, that he makes his application for the writ of mandate herein to this honorable court in the first instance, be- cause the matters involved are of public and general interest to the people of said county, and their speedy determination is necessary to prevent serious embarrassment in regard to said contracts and the erec- tion of said jail, and because of the delays incident to such proceedings in the district court. George W. Babcock. NOTE.— Precedent in Babcock v. Goodrich, 47 Cal. 490. See Alaska, Comp. Laws 1913, sees. 1384-1397; Arizona, Eev. Stats. (Civ. Code 1913), sec. 1556; California, Code Civ. Proc, sec. 1084 et seq.; Colo- rado, Mill's Ann. Code, sec. 307 et seq.; Hawaii, Eev. Code 1915, sees. 2675- 2687; Idaho, Eev. Codes 1907, see. 4979 et seq.; Kansas, Gen. Stats. 1915, sec. 7648; Montana, Eev. Codes 1907, sec. 7216 et seq.; Nebraska, Eev. Code 1913, sec. 8271 et seq.; Nevada, Eev. Laws 1912, gees. 50«4-57O7; New Mexico, Stats. Ann. 1915, sees. 3411-3424; North Dakota, Comp. Laws 1913, sees. 8457-8469;. Oklahoma, Harris & Day's Code 1910, sees. 4907-4918; Oregon, Lord's Oregon Laws, see. 612 et seq.; South Dakota, Comp. Laws 1913, sec. 5517 et seq.; Utah, Comp. Laws 1907, sec. 3640 et seq.; Wash- ington, Eem. Cqde, sec. 1016 et seq.; Wyoming, Comp. Stats. 1910, sec. 5054 et seq. No. 2589. Alternative Writ of Mandamus. [Title of Court and Cause.] The People of the State of to , Greeting. Whereas it manifestly appears to us by the verified petition of , the party beneficially interested herein, that [state generally the allegation against defendant], and that there is not a plain, speedy and adequate remedy in the ordinary course of law: Therefore we do command you that, immediately after the receipt of this writ, you do ; or that you show cause before this court, at the courtroom thereof, at , in said county and state, on the day of , 19 — , at the opening of the court on that day, why you have not done so. Witness the Honorable , j^Klge of the court, and the seal of said court, this day of , 19 — . [Seal] , Clerk. By , Deputy Clerk. NOTE. — In California, the writ may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board or per- son, to compel performance of an act which the law specially enjoins as a duty resulting from an oflSce, trust, or station; or to compel the admission of a party to the use and enjoyment of a right, or office, to which he ia entitled, and from which he is unlawfully precluded by such inferior tri- bunal, corporation, board, or person. It issues, Avhere there is no plain, 697 Mandamus — Maritime Protest. Form 2590 speedy, and adequate remedy at law, and upon the verified petition of the party beneficially interested. If the application be without notice, the alternative writ may issue; otherwise, the peremptorj: See Cal. Code Civ. Proc, sees. 1085-1088. No. 2590. Peremptory Writ of Mandamus. [Title of Court and Cause.] The State of to [give name and official title], Greeting: Whereas, upon trial of the issues in the above-entitled action this court has duly found and adjudcred that [here recite the facts found showing the duty enjoined by law therefrom upon the defendant] : Nevertheless you have unjustly refused, and still do refuse, to [specify said act], to the manifest injury of the said relator, as we have found and adjudged ; Now, therefore, we, being willing that speedy justice should be done in this behalf to him, the said [relator], do command you [here specify act or duty] ; and we do also command that you make known to us be- fore our court, in and for the county of , at , on the day of , 19 — , how you have executed this writ : And have you then and there this writ. Witness, Honorable , judge of our said court, this day of , 19—. [Seal] , Clerk. NOTE'. — In California, the writ may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board or person to compel performance of an act which the law specially enjoins as a duty resulting from an office, trust or station; or to compel the admission of a party to a right, or office, to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person. It issues when there is not a plain, speedy, and adequate remedy at law. It is issued upon affidavit upon the application of the party bene- ficially interested. It is either alternative or peremptory: Cal. Code Civ. Proc, sees. 1084-1087. MARITIME PROTEST. Maritime Protest for Distress of Weather — Notation of, No. 3157. Maritime Protest Extended Before Same Notary, No. 3158. Maritime Protest Extended Before Another Notary, No. 3160. Form Book — 57 Cowdeey's Form Book. 8B8 MARRIAGE. 2600. Marriage ceremony. 2601. Declaration of marriage where there is no record. 2602. Answer alleging marriage of plaintiff. 2603. Answer alleging marriage of defendant. 2604. Answer alleging marriage of defendant. INTRODUCTORY NOTE. Marriage Licenses. — All persons about to be joined in marriage must first obtain a license therefor, from the county clerk of the county in which the marriage is to be celebrated, which license must show: 1. The identity of the parties, 2. Their real and full names, and places of residence. 3. Their ages ; and 4. Whether white, mongolian, negro or mulatto. License not to Issue, When.— No license must be granted when either of the parties, applicants therefor, is an imbecile, or in- sane, or who at the time of making the application, or proofs herein required for said license, is under the influence of any in- toxicating liquor or narcotic drug. No license must be Issued authorizing the marriage of a white person with a negro, mulatto or mongolian; if the male is under the age of twenty-one years, or the female is under the age of eighteen years, and such person has not been previously married. No license must be issued by the county clerk unless the consent in writing of the parents of the person under age, or one of such parents, or of his or her guardian, is presented to him, duly verified by such parents or parent, or ^ardian, and such consent must be filed by the clerk, and he must state such facts in the license. Examination on Oath. — For the purpose of ascertaining all the facts mentioned or required in this section, the clerk, at the time the license is applied for, may, if he deems it necessary in order to satisfy himself as to matters in this section enumerated, examine the male applicant for a license on oath, which examination shall be reduced to writing by the clerk and subscribed by him: Cali- fornia, Civ. Code, see. 69. Certificate of Registry of Marriage. — All persons about to be joined in marriage must obtain from the county clerk of the county in which the marriage is to be celebrated, in addition to the license therefor provided for in section 69 of the Civil Code, a certificate of registry as provided in section 3076 of the Political Code, 899 Makriage. Form 2600 which shall contain among other matters, as near as can be ascer- tained, the race, color, age, name and surname, birthplace, rc.si- denee of the parties to be married, number of marriage and condi- tion of each, whether single, widowed or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplaces of the parents of each, and the maiden name of the mother of each, which said certificate of registry shall be filled out as herein provided in the presence of the county clerk issuing the marriage license, and shall then be presented to the person performing the ceremony and shall be filed by him with the county recorder within three days after the ceremony: Cali- fornia, Civ. Code, sec. 69a. By Whom Marriage may be Celebrated. — Marriage may be solemnized by either a justice of the supreme court, justice of the district courts of appeal, judge of the superior court, justice of the peace, judge of any police court, city recorder, priest or minister of the gospel of any denomination : California, Civ. Code, sec. 70. No. 2600. Marriage Ceremony. Judicial officer to male applicant: "What is your name?" [Then:] To female applicant: "What is your name?" To both: "Have you a license?" [The officer takes the license and examines it. If it is in proper form, and if the applicants appear to be legally competent to contract a marriage, and if he does not know of any reason whj' they are in- capable of making the marriage contract, he says to the parties, "Please stand and join hands." A ring is unnecessary, but it is customary to ask if they have one. If a ring is produced the officer usually, at the end of the proceedings, puts it on the woman's finger. Sometimes tlie man puts it on.] The officer says to the man: "Do you, A. B. C, promise to take D. E. F. to be your wife?" He ansvv-ers: "I do." Officer: "Do you, D. E. F., promise to take A. B. C. to be your hus- band?" She answers: "I do." Officer: "Then, in the name of the people of the state of California, by authority of my office, I pronounce you man and wife." The officer then issues, signs and delivers a marriage certificate to the woman, which the witnesses, if any, also sign. Formerly the officer concluded the ceremony by saying: "What God has united let no man part," but now the conclusion is usually as informal as the commence- ment. Forms 2601-2604 Cowdery's Form Book. 900 No. 2601. Declaration of Marriage Wliere There is No Record. , of , county of , state of , aged years, and residing at , in the county of , in said state, and , of , county of , state of , aged years, and residing at , in the said county and state, do hereby jointly and severally declare that they, the said and , were united in marriage on the day of , 19 — , at , in the county of , state of , by , and that no record of such marriage is known to exist. Attest, , , and , witnesses. [There must be at least three witnesses.] [Signatures.] [To be acknowledged.] NOTE.— See Cal. Civ. Code, sec. 76. Declarations of marriage must be acknowledged and recorded in like manner as grants of real property: See Cal. Civ. Code, sec. 77. No. 2602. Answer Alleging Marriage of Plaintiff. [Title of Court and Cause.] The defendant answers to the complaint: 1. That the plaintiff was, at the commencement of this action, and still is, the wife of one , who is still living, at , with this plaintiff. 2. That this action does not concern her separate property, nor her right or claim to a homestead. [Signature.] [Verification.] No. 2603. Answer Alleging Marriage of Defendant. [Title of Court and Cause.] The defendant answers to the complaint: That at the time of making the agreement she was the wife of . [Siguature.] [Verification.] No. 2604. Answer Alleging Marriage of Defendant. [Title of Court and Cause.] The defendant answers to the complaint: 1. That she was, at the commencement of this action, and still is, the wife of , who now resides at , with this defendant. 2. That this action does not concern her separate property, nor her right or claim to the homestead property. [Signature.] [Verification.] 901 AIassachusetts Trusts. Form 2610 MASSACHUSETTS TRUSTS. 2610. Agreement and declaration of trust. 2611. Agreement and declaration of trust — Another form. No. 2610. Agreement and Declaration of Trust. Made by the subscribers this day of , 1917, for the purpose of purchasing and conducting a certain bakery business hereinafter de- scribed. 1. The trustees under this agreement are authorized as such trustees to purchase from IVfaiy Anderson the assets and goodwill of the bakery business now conducted in the city of San Francisco under the name of Electric Bake Shop. They shall have and hold legal title to the said property and to the income, proceeds and avails thereof, and shall have the absolute control, management and disposition thereof, subject only to the specific limitations herein contained. The trustees shall have no power to bind the shareholders personally, and in every written order, contract or obligation they shall enter into, reference shall be made to this declaration of trust, ai:d it shall be stipulated that neither the trus- tees nor the shareholders shall be held to any personal liability under or by reason of such order, contract or obligation, and the i:)erson or coi-po- ration contracting with the trustees shall look to the funds and property of the trust for the payment under such order, contract or obligation, or for the payment of any debt, mortgage, judgment or decree, or of any money that may otherwise become due or paj-able by reason of the failure on the part of said trustees to perform such contracts, in whole or in part, and neither the trustees nor the shareholders, present or future, in this trust, shall be personally liable therefor. 2. The title of the trustees shall be "Trustees of the Electric Bake Shop," and any property conveyed to them under that description shall be held by them in trust under this agreement. 3. The par value of shares shall be ten ($10) dollars, which shall be payable at such times as the trustees may determine. The trustees shall give receipts for installments on subscriptions when paid, and on the payment of the last installment they shall issue transferable certi- ficates in exchange for such receipts, evidencing the percentage of bene- ficial interest in this trust, which shall correspond to the percentage paid by each subscriber toward the total amount expended, including as amount expended the certificates issued to said Mary Anderson in ex- change for the assets and goodwill of the business herein referred to. Such receipt and certificates shall be transferable only on the books of the trustee upon surrender thereof, all installments due having first been paid, and the acceptance of a receipt or certificate shall make the person named therein a party to this agi-eement. The term "shareholder" used in this agreement shall mean holder of record of a receipt or certificate. 4. The death of a shareholder or the trustees during the continuance nf this trust shall not operate to determine the trust, nor shall it entitle the legal representative of the deceased shareholder to an accounting, or Form 2610 Cowdery 's Form Book. 902 to take any action in the courts, or elsewhere, against the trustees or the otlier shareholders ; but the executors, administrators, or assigns of any deceased shareholder shall succeed to the rights of said decedent under this trust upon the surrender of the certificate for shares owned by him. The ownersliip of shares hereunder shall not entitle the shareholder to any title in or to the trust property whatsoever, or the right to call for a partition or division of the same. And it is expressly declared and agreed that the shareholders are cestuis que trustent, and hold no other relation to the trustees than that of cestuis que trustent. 5. The trustees shall issue to Mary Anderson, above refen-ed to, cer- tificates of the face value of twelve thousand ($1^000) dollars in ex- change for the assets and goodwill of the business heretofore conducted by her under the name of Electric Bake Shop. 6. Annual meetings of the shareholders shall be held on the third Mon- day in October at the office of the trustees in San Francisco, California, at eleven o'clock A. M. Meetings of the shareholders may be held at any time or place, and without notice, when the holders of all the shares are present, in person or by proxy, or consent in writing to the holding of such meeting. Other meetings of- the shareholders shall be held upon the call of the trustees at any time or place in the United States, notice thereof stating the pui-pose, time and place of such meeting being mailed to each shareholder at least ten (10) days prior to the date of such meet- ing, and upon the written request of the shareholders holding twenty per cent (20%) of the total shares, the trustees shall call such meeting, to be held in their office in San Francisco, California, giving due notice thereof. At all meetings of shareholders, a majority of the total amount of shares shall be present, in person or by proxy, in order to constitute a quorum. 7. Shareholders may vote by proxy, and upon all questions, except as herein provided, a vote of the majority of the shares present in person or by proxy shall be sufficient for a decision. 8. The shareholders may, at any regular or special meeting, upon the affirmative vote of a majority in amount of the total shareholding, re- move the trustees. In the event of the death, resignation, incapacity or removal of a trustee, the shareholders may, at any regular or special meeting, choose his successor by an affirmative vote of a majority in amount of the total shareholding. 9. This trust shall not continue in any event longer than the life of the last surviving subscriber thereto. 10. The trustees shall not be required to give bond, and shall be liable only for their own acts, and then only for willful breach of trust. They may acquire, own and dispose of shares in this trust to the same extent as if they were not trustees. They may appoint, at their pleasure, a treasurer, secretary and such other agents as they may deem needful. The treasurer when appointed shall have custody of the funds of the trust and shall perform such duties as the trustee shall prescribe, in the manner prescribed by the trustee. The secretary shall keep the records of the trust and shall perform such duties as the trustees shall 903 Massachusetts Trusts. Form 2611 prescribe and in the manner prescribed by the trustees. The trustees sliall be entitled to a reasonable compensation for their services, and shall be entitled to draw all expenses incuired by them in the administra- tion of this trust. 11. We, the subscribers agree to pay to the trustees, upon demand, from time to time, our subscriptions, indicated by the amount following our signatures. The total shares issued shall not exceed twenty thou- sand ($20,000) dollars par value, including the twelve thousand ($12,000) dollars issued to Mary Anderson as hereinabove provided. 12. The first trustees under this agreement shall be Mary Anderson, ■John Jones and "William Brown, all of the city and county of San Fran- cisco, state of California, who signify their acceptance of the Trust by subscribing their names hereto. , Trustee. Names. Subscribers. Percentagres. No. 2611. Agreement and Declaration of Trust — Another Form. This agreement, made this sixth day of March, 1917, by and between , , together with their successors (herein designated as the trustees), and , together with his assigns (herein designated as the subscribers), witnesseth: Whereas, it is proposed that the trustees shall acquire from the sub- scriber upon such terms and conditions as may be agreed upon, certain property, and shall employ and manage the same and all other prop- erty which they may hereafter acquire as such trustees in the manner hereinafter stated; and it is likewise proposed that the beneficial in- terest in the property, from time to time held by the trustees, and in the business conducted by them sliall be divided into shares, to be evi- denced by certificates therefor, as hereinafter provided ; Now, therefore, the trustees hereby declare that they will hold said property to be acquired by them as well as all other property which they may hereafter acquire as such trustees, together with the proceeds thereof, in trust, to manage and dispose of the same for the benefit of the holders, from time to time, of the certificates of shares issued and to be issued hereunder in the manner and subject to the stipulations herein contained, to wit: First. The trustees, in their collective capacity, shall be designated, as far as practicable, as , and under that name shall, so far as practicable, conduct all business and execute all instruments in writing, in the performance of their trust. Second. The trustees shall be seven in number; and, of the trustees herein mentioned by name, , shall hold office until the first annual meeting of the shareholders; shall hold office until the second annual meeting of the shareholders ; shall hold office until the third annual meeting of the shareholders; shall hold office until the fourth annual meeting of the shareholders; shall hold office until Form 2611 Cowdery's Form Book. 904 the fifth annual meeting of the sharehoklcrs; ■ shall hold office until the sixth annual meeting of the shareholders; and shall hold office until the seventh annual meeting of the shareholders, except that said trustees, as well as any trustees hereafter elected, shall in all cases hold office until their successors have been elected, and have accepted their trust. The shareholders shall, at each annual meeting, or adjournment thereof, elect a trustee to succeed the trustee whose term of office expires at such time, to serve for the term of seven years next ensuing. In case of death, resignation, or inability to act of any of the said trustees, the shareholders, at a general or special meeting called for that purpose, shall fill any vacancy for the unexpired term. As soon as any trustee, or trustees, elected for a regular term or to fill a vacancy have accepted this trust, the trust estate shall vest in the new trustee or trustees, together with the continuing trustee, witliout any further act or con- veyance. Upon the election of any trustee, either for a regular term or to fill a vacancy, he shall forthwith execute a written acceptance of this trust, which, together with a certificate of the secretary of the election of such trustee, shall be filed forthwith with the secretary of the company. Third. The trustees are authorized to engage in the business or busi- nesses : (a) To buy, sell, exchange and deal in bonds and evidences of in- debtedness of all kinds issued by governmental authorities, by commer- cial or industrial corporations or private individuals, and in the shares of all corporations for profit and in the securities and evidences of indebtedness of all kinds, whether negotiable or otherwise, either for the account, benefit or risk of this company or upon commission or upon a profit sharing basis. (b) To act as brokers, syndicate manager and in any relation proper and expedient in placing issues of bonds, stocks and securities of any and every character; to act as agents and manager for the reorganization purposes and to committees in charge thereof, to conduct reorganizations of corporate properties or organize corporations for the amount of itself or others; and to be fiscal agents, trustees or underwriters in, or agents for any of the classes of business transactions wherein a financial inter- mediary or trustee is necessary, beneficial or useful; to be agents for insurance companies; to receive compensations for all services which it may render in the performances of any duties of a fiduciary or agency character; and to itself become interested as principal and become the beneficiary as such in any financial transactions Avherein it desires to become interested. (c) To become trustee of and for any issue of bonds or forms of evidence of indebtedness made by any individual or corporation and to receive, hold and apply security by deed of trust or indenture of mort- gage, or otherwise, given to secure the payment of said bonds or any other obligations in the nature of security for indebtedness, either by 905 Massachusetts Trusts. Form 2611 promissory notes, bonds, debentures or suretysliips or liabilities of a secondary character wherein this company may agree to act as trustee; and as such trustee to accept all such documents evidencing the security in trust, to execute all of the provisions thereof, to certify anf3 deliver the evidences of indebtedness secured thereby; to conduct foreclosures and generally, to do and execute each act proper to be done by a trustee under any such form of transaction. (d) To deal in personal property of every character; to buy, sell and exchange real estate with full power to pledge, mortgage or other- wise encumber such real and personal property. (e) To acquire by purchase, lease, or otherwise, and to hold, own, subdivide, lease, mortgage, encumber, exchange, grant, bargain, sell and convey lands and every character of real property; to fai-m, cultivate, develop, and in any manner improve the same; to lay out, plat and sub- divide lands into building lots, townsites, farm lots, parks, streets, alleys, highways and other subdivisions; to engage generally in the busi- ness of subdividing, farming, developing, improving, colonizing and selling lands; to reclaim swamp and overfloAvcd lands; to construct private reclamation and irrigation works of all kinds; to make entry upon public lands, either of the United States or of the state of Cali- fornia, or of any other state or territory; to make applications for patents therefor and to purchase and acquire such public lands; to ac- quire by purchase, or otherwise, and to construct, own, hold and maintain private tramways, telephone lines, telegraph lines, pipe-lines, railroad lines and other utilities for the development of any lands, owned by tlie company; and to have, possess and exercise all powers and privileges incidental thereto, or convenient or necessary therefor. (f) To acquire by purchase, development, appropriation, or other- wise, and to hold, own, improve, lease, mortgage, encumber, control, sell, transfer and dispose of water rights for agricultural, domestic and irrigation purposes, and also all easements, rights of way and privi- leges of whatsoever nature pertaining to the acquisition, use and dis- position of the same; to acquire, construct, maintain, operate, hold, own, control, lease, mortgage, encumber, sell, transfer and dispose of private reservoirs, canals, ditches, pumping plants, pipe-lines, flumes, conduits, waterways and private irrigations, industrial and domestic systems for the conservation, storage and use of water. (g) To engage in the business of raising, breeding, selling, pasturing, and dealing in horses, cattle, mules, sheep, hogs, poultry and livestock of every kind, to pasture livestock for hire, and to deal in the products of livestock, (h) To maintain offices for the transaction of any of the business of the company in any state or territory of the United States or in foreign countries. (i) To conduct the business of acting as executor, administrator or guardian of estates, assigns, receiver, depositary, or trustee under ap- pointment of any court or by authority of any law of this state or of Form 2611 Cowdery's Form Book. 906 any other state or territory of the United States, or as trustee for any purjoose permitted by law. (j) To possess and exercise any and all such additional powers as are reasonablj^ implied from the i^owers hereinabove enumerated and such as may be necessary or convenient in the conduct of any business or enterprise of the company. To do and perform everything necessary, suitable or proper for the accomplishment of any of the purposes or the attainment of any one or more of the objects herein enumerated, or which shall at any time appear conducive to or expedient for the protection or benefit of this company, and to do and perform all other acts or things necessary or incidental to the purposes hereinbefore set forth, or that may be deemed necessary by the board of trustees of this company, not inconsistent with the laws of the land appertaining tliereto. The trustees shall hold the legal title to all property at any time belonging to this trust, and subject only to the specific limitations herein contained, they shall have the absolute control, management and dis- position thereof, and shall likewise have the absolute control of the conduct of all business of the trust, and the following enumeration of specific duties and powers shall, not be construed in any way as a limitation upon the general powers intended to be conferred upon them. The trustees shall have authority to adopt and use a common seal; to make all such contracts as they may deem expedient in the conduct of the business of the trust, from time to time, to release, sell, exchange or otherwise dispose of, at public or private sale, any or all of the trust property, whether real or personal, for such prices, either in cash or the stocks, shares, or securities of other corporations, trusts or associa- tions, and upon such terms as to credit or otherwise as they may deem expedient; to guarantee or assume the obligations of other corporations, trusts or associations, and to enter into such agreements by way of indemnity or otherwise as they may deem expedient in connection with the acquisition of property from the subscriber, as hereinbefore pro- vided, or otherwise; to confer, by way of substitution, such powers and authority on the president, treasurer, secretary and executive committee, and other officers and agents appointed by tliem, as they may deem expedient; to borrow money for the purpose of the trust and give the obligations of the trust therefor; to loan any money from time to time in the hands of the trustees, with or without security, on such terms as they may deem expedient; to subscribe for, acquire, own, sell or otherwise dispose of such real or personal property, including the stocks, shares and securities of any other corporations, trusts or associations, as they may deem expedient, in connection with the purposes of the trust ; to vote in person or proxy on all shares of stock at any time held by them; and to collect and receive the income, interest and profits of any such stock or securities; to collect, sue for, receive and receipt for all sums of money at any time becoming due to said trust ; to em})loy coun- sel and to begin, prosecute, defend and settle suits at law, in equity 907 Massachusetts Trusts. Form 2611 or otherwise, and to compromise or refer to arljitration any claim in favor of, or against the trust; and in general to do all such matters and things as in their judgment will promote or advance the business which they are authorized to carry on, although such matters and things may be neitlicr specifically authorized nor incidental to such matters or things specifically authorized. In addition to the powers herein granted the trustees shall have all powers with reference to the conduct of the business and management of the property of the trust which are i^ossessed by the directors of a corporation under the laws of the state of California. So far as strangers to the trust are concerned, a resolution of the trustees, authorizing a particular act to be done, shall be conclusive evidence in favor of strangers that such act is within the power of the trustees; and no purcliaser from the trustees shall be bound to see the application of the purchase money or other consideration paid or deliv- ered by or for said purchaser to or for the trustees. Fourth. Stated meetings of the trustees shall be held at least once a month, and other meetings shall be held from time to time upon the call of the president or any three of the trustees. A majority of the trustees shall constitute a quorum; and the concurrence of all the trus- tees shall not be necessary to the validity of any action taken by them, but the decision expressed by vote of a majority of the trustees present and voting at any meeting shall be conclusive. The trustees may make, adopt, amend, or repeal such by-laws, rules and regulations not inconsistent with the terms of this instrument as they may deem necessary or desirable for the conduct of their business and for the government of themselves, their agents, servants and repre- sentatives. Fifth. The trustees shall annually elect from among their number a president and vice-president, and shall also elect from among their number, or otherwise, a treasurer, a secretary, and, in their discretion, one or more assistant secretaries or treasurers, and they shall have au- thority to appoint such other officers, agents and attorney as they may deem necessary or expedient in the conduct of their business. They shall also have authority to accept resignations and to fill any vacancies in the offices appointed by them,, for the unexpired term, and shall likewise have authority to elect temporary officers to serve during the absence or disability of regular officers. Tliey may also, by a majority vote of all the trustees, remove any ofiBcer or agent elected or appointed by them. The president, vice-president, treasurer and secretary sliall have the authority and perform the duties usually incident to those offices in the case of corporations, so far as applicable thereto, and shall have such other authority and perform such other duties as may from time to time be determined by the trustees. The trustees shall fix the compensation, if any, of all officers and agents whom they may elect or appoint, and may also pay to themselves such compensation for their services as they may deem reasonable. Form 2611 Cowdery's Form Book. 908 The trustees may also appoint an executive committee of one or more persons, to whom they may delegate such of the powers herein conferred upon the trustees as they may deem expedient. The trustees shall cause to be kept by the secretary elected by them a record of all meetings of the shareholders, trustees and executive committee, which record shall be of the same character and effect as that kept in the case of corporations, and so far as strangers to the trust are concerned, shall be conclusive for the trustees of the facts and doings therein stated. The trustees shall not be liable for any error of judgment or for any loss arising out of any act or omissions in the execution of this trust, so long as they act in good faith, nor shall they be personally liable for the acts or omissions of each other, or for the acts or omissions of any officer, agent or servant elected or appointed by or acting for them ; and they shall not be obliged to give any bond to secure the due per- formance of this trust by them. Any trustee may acquire, own and dispose of shares of this trust company to the same extent as if he were not a trustee. Sixth, The beneficial interest in this trust shall be divided into ten thousand (10,000) shares, of the par value of one hundred ($100) dol- lars each. As evidence of the ownership of said shares, the trustees shall cause to be issued to each shareholder a negotiable certificate or certificates, to be signed by the president or vice-president and attested by any sec- retary or assistant secretary, which certificate shall be in the form fol- lowing, to wit: Not Subject to Assessments. No. Shares. This certifies that is the holder of — — • shares in , which are held subject to an agreement and declaration of trust, dated , a duplicate original of which is on file at the offices of the company in Los Angeles, California, and is hereby referred to and made a part of this certificate. The shares of are of the par value of one hundred dollars each and are ten thousand in number. No transfer hereof will be of any effect as regards until this certificate has been surrendered and the transfer recorded upon their books. In witness whereof, the trustees under said agreement and declaration of trust herein designated as , have caused this certificate to be executed in their name and behalf by their President and attested by their Secretary, this day of , 19 — . By— ; President. Attest: By , Sccretarv. 909 Massachusetts Trusts. Form 2611 [Oil reverse side:] For value received, hereby sell, assign and transfer unto , • shares of , represented by the within certificate, and do hereby irrevocably constitute and appoint attorney, to transfer the said shares on the books of the within named company, with full power of substitution in the premises. Witness hand this day of 19 — . In presence of: . Seventh. The shares hereunder shall be transferable by an appro- priate instrument in writing and upon the surrender of the certificate therefor, but no such transfer shall be of any effect as regards the trus- tees until it has been recorded upon the books of the trustees kept for that purpose. Eighth. The trustees covenant and agree to and do hereby grant to the subscriber or his assigns an option to purchase at par fifty-one per cent (51%) of the entire beneficial interest of this trust, in payment for and as evidence of their ownership of the goodwill of the mortgage busi- ness heretofore conducted by the subscriber. Ninth. For any of the purposes of the trust the number of shares may from time to time, with the consent of the holders of not less" than two- thirds of such of the shares as are represented and voted upon at any meeting called for that purpose, but not otherwise, be increased or re- duced. In case the number of shares is increased, the additional shares shall be issued and disposed of upon such terms and in such manner as the shareholders at such meeting may determine. Tenth. In case of the loss or dcsti'uction of any certificate for shares, the trustees may, under such conditions as they may deem expedient, issue a new certificate or certificates in place of the one lost or destroyed. Eleventh. The tmstees may from time to time declare and pay divi- dends out of the net earnings from time to time received by them, but the amount of such dividends and the payment of them shall be wholly in the discretion of the trustees. Twelfth. The fiscal year of the trustees shall begin on the first day of January of each year. Annual meetings for the election of the trustees and for the trans- action of other business shall be held in Los Angeles on the first Tues- day in January in each year, beginning with the year 1917, of which meetings notice shall be given by the secretary by mailing such notice to each shareholder at his registered address at least ten days before said meetings. Special meetings of the shareholders may be called at any time upon ten daj^s' notice, given as above stated, when ordered by the president or a majority of the trustees. At all meetings of the shareholders, each holder of shares shall be entitled to one vote for each share held by him ; and shall have the right of cumulative voting as provided by the law; and any shareholder may vote by proxy. Form 2611 Cowdkby 's Form Book. 910 No business shall be transacted at any special meeting of the share- holders unless notice of such business shall have been given in the call for the meeting. No business, except to adjourn, shall be transacted at any meeting of the shareholders unless the holders of a majority of all shares outstanding are present in person or by proxy. Thirteenth. Shai'es hereunder shall be personal property, giving only the rights in this instrument, and in the certificates thereof specifically set forth. The death of a shareholder during the continuance of the trust shall not operate to determine this trust, nor shall it entitle the rei)resentative of the deceased shareholder to an accounting or to take any action in the courts or elsewhere against the tmstee; but the execu- tors, administrators or assigns of the deceased shareholder shall succeed to the rights of said decedent under this trust, upon the surrender of the certificate of shares owned by them. Fourteenth. The trustee shall have no power to bind the shareholders personally, or to call upon them for the payment of any sum of money or any sum whatever, other than such sums as they may at any time personally agree to pay by way of subscription to new shares, or other- wise. All persons or coiporations extending credit to, contracting with, or having any claim against the trustees, shall look only to the funds and property of the trust for the payment of such contract or claim, or for the payment of any debt, damage, judgment or decree, or of any money that may otherwise become due or payable to them from the trustees so that neither the trustees, shareholders nor officers, present or future, shall be personally liable therefor. In every written order, contract or obligation which the trustees, or officers shall give, authorize or enter into, it shall be the duty of the trustees and officers to stipulate, or cause to be stipulated, that neither the trustees, officers nor shareholders shall be held to any personal liabil- ity under or by reason of such order, contract or obligation. It is further expressly agreed that in case any trustee, officer or share- holder shall at any time, for any reason, be held to or be under any personal liability as such trustee, officer or shareholder, not due to his acts in bad faith, then such ti-ustee, officer or shareholder, shall be held harmless and indemnified out of the trust estate from and of all loss, post, damage or expense by reason of such liability ; and if at any time the trust estate shall be insufficient to provide such indemnity and to satisfy all liabilities of, and claims under it, then the trust estate shall, in preference and priority over any and all other claims or liens whatso- ever, except mortgages, and except as otherwise expressly provided by law, be applied first to the indemnification of the trustees from any loss, posts, damage or expense in connection with any personal liability whicli they may be under or have incuiTed except as aforesaid ; next, to the indenmification of the officers, and thereafter to the indemnification in like manner of the shareholders. Fifteenth. This aforesaid trust shall continue for the term of twenty- five years or terminate sooner if the last survivor of the beneficiaries whose names are signed hereto shall die before the expiration of said 911 Materialman's Lien— Memorandum op Costs. Form 2G11 twenty-five years, and in no case shall this trust continue beyond the life of the said last survivor, at which time the then trustees shall pro- ceed to wind up its affairs, liquidate its assets and distribute the same among the shareholders; for the purpose of winding up their affairs and liquidating this trust the then trustees shall continue in office until such duties have been performed. Sixteenth. This Agreement and Declaration of Trust may be amended or altered in any particular whatsoever, except as regards the exemption from personal liability of the trustees, officers and shareholders, at any annual or special meeting of the shareholders, with the consent of the holders of at least two-thirds of the shares then outstanding, provided notice of the proposed amendment or alteration shall be in the call for the meeting, and in case of such alteration or amendment the same shall be attached and made a part of this agreement, and a copy thereof shall be filed in the office of the company. Nothing in this article contained shall in any way be construed to limit the power to increase or reduce the number of shares as provided in the ninth article hereof. Seventeenth. A duplicate original of this Agreement and Declaration of Trust shall be filed in the office of the company. Eighteenth. The trustees from time to time shall determine whether, and to what extent, and at what time and places, and under what condi- tions and regulations, the accounts and books of the trustees shall be open to the inspection of the shareholders, and no shareholder shall have any right to inspect any account or book or document of the trustees except as authorized by the trustees or by resolution of the shareholders. In witness whereof, the said , , , trustees hereinbefore mentioned, have hereunto set their hands in token of their acceptance of the trust hereinbefore mentioned, for themselves and their successors, and the said has hereunto set his hand in token of his assent to the approval of said terms of trust, for himself and his assigns, the day and year first above written. Trustees : Subscriber: MATERIALMAN'S LIEN. See Lien. McENERNEY ACT. See Restoration of Titles. MEMORANDUM OF COSTS. Memoran(Inin of Costs, No. 1358. Form 2620 Cowdery's Form Book. 912 MINING. 2620. Notice of location of placer claim. 2621. Notice of location of oil claim. 2622. Notice of location of lode claim. 2623. Afiadavit of locators of lode claim — Idaho. 2624. Affidavit of annual work and improvements. 2625. Application to United States surveyor-general for survey of mining claim. 2626. Estimate of United States surveyor-general for office work for mining claim. 2627. Certificate of identity of claim. 2628. Application for patent. 2629. Notice of application for a United States patent for mining claim. 2630. Proof of posting notice and diagram on mining claim. 2631. Affidavit of five hundred dollars improvements. 2632. Proof of labor. 2633. Agreement of publisher. 2634. Power of attorney to make application for entry of government land. 2635. Proof of ownership and possession in case of loss or absence of mining records. 2636. Nonmineral affidavit (to be used in case of a mill site). 2637. Proof that no known veins exist in a placer mining claim. 2638. Notice of application for a patent for lode claim. 2639. Proof of publication on application for mining patent. 2640. Proof that plat and notice remained posted on claim during time of publication. 2641. Statement of fees and charges on application for miuinsj patent. 2642. Register's certificate of posting notice of application for mining patent. 2643. Certificate on application for mining patent that no suit is pending. 2644. Protest and adverse claim on application for mining patent. 2645. Notice to co-owner of mine to contribute. CROSS-REFERENCES. Mining Claim, Lease of, No. 2409. No. 2620. Notice of Location of Placer Claim. Notice is hereby given, to all whom it may concern, that we, the undersigned, citizens of the United States of America, over the age of twenty-one years, have this day located under the Revised Statutes of the United States of America, chapter 6, title 32, the following de- scribed placer mining ground, viz. [description], situated in Howland "Flat Mining District, county of Sierra, state of California. This claim shall be known as the T. H. Placer Mining Claim, and we intend to work the same in accordance with the local customs and rules of miners in said mining district. Dated on the ground this third day of May, A. D. 1917. A. B. C. D. NOTE. — A person or association of persons claiming under regular loca- tion a lode or quartz mine, or a placer claim upon unsurveyed land, and desiring to obtain title thereto from the United States, should first make 913 Mining. Forms 2621, 2622 application to the United States survcvorgoneral for the state or territory within which the claim is located for a survey thereof. If on surveyed land, describe the legal subdivisions. If upon unsurveyed land, describe as accurately as possible by courses and distances. No. 2621. Notice of Location of Oil Claim. Notice is hereby given that I, the undersigned, a citizen of the United States, have made a discovery of oil in paying quantities on the gi'ound where this notice is posted, and have, by right of such discovery, this day located, under tlie Revised Statutes of the United States of Amer- ica, chai^ter 6, title 32, and for placer mining purposes, the following described placer mining ground, namely: , situated in the mining district, county of , state of , consisting of twenty acres. This claim shall be known as the oil claim, and I intend to work and hold the same in accordance with the local customs and rules of miners, and the mining statutes of the United States. The date of said discovery and the date of this location is the day of , 19 — . [Signature.] Attest, and . NOTE. — This is the maximum amount that each individual can locate under the United States mining act of May 10, 1872 (U. S. Rev. Stats., sec. 2320; 5 Fed. Stats. Ann., p. 8); it may be less. No. 2622. Notice of Location of Lode Claim. Notice is hereby given that the undersigned, and , citizens of the United States, having discovered a vein or lode of quartz, or rock in place, bearing gold, within the limits of the claim hereby located, have this day, under and in accordance with the Revised Stat- utes of the United States, chapter 6, title 32, and legislation supple- mental thereto, located fifteen hundred (1500) linear feet of this vein or lode, claiming seven hundred and fifty (750) linear feet running north from this notice at the discovery or prospect shaft upon the said claim, and seven hundred and fifty (750) feet along and upon said vein running south from said point of discovery, and three hundred (300) feet in width on each side of the center of said lode or vein. This claim is situated in the mining district, county of , state of , and is known as the lode mining claim, the exterior boundary lines of which are distinctly marked by reference to some natural objects or permanent monuments, and are more particularly described as follows, to wit: -. And we intend to liold and wojk said claim as provided by the local customs and rules of miners, and the mining statutes of the United States. Form Book — 58 Forms 2623, 2624 Cowdery's Form Book. 91i The date of said discovery and the date of this location is the day of , 19 — . [Signatures.] Attest, and . NOTE. — Describe the claim as accurately aa possible (by courses and distances) with reference to some natural object or permanent monument, and mark the boundaries by suitable monuments. Eecord of location notices, in absence of a district recorder, should be made with the proper recorder of deeds for the county wherein the claim is situated. It is advisable to have these notices attested by at least two witnesses, for locators cannot be too careful about their evidence. In relocations to increase width of surface ground under the local law, or to more particularly identify or describe the claim, use the above form, but state after the description that it is a relocation; and also state where the original location is recorded, in order that the title may revert back to the original discovery. In locations of abandoned mines, the fact that it is such a location should be stated, and the affidavits of two or more respectable parties that such mine was abandoned and subject to relocation should be recorded with the location notice. No quartz claim can be legally located until a vein or lode has been first discovered. This should be done by sinking a prospect or discovery shaft. The exterior boundaries of the claim must be distinctly marked by per- manent stakes, or monuments placed at the corners of the claim. The notice should be posted at the discovery shaft, and a copy of the same recorded within twenty days after the location. In all cases where practicable, the location should be made under a survey by a qualified deputy surveyor. No. 2623. Affidavit of Locators of Lode Claim— Idaho. State of , County of , ss. I, , do solemnly swear that I am a citizen of the United States of America, and that I am acquainted with the mining gi-ound .described in this notice of location, and herewith called the ledge, lode, or claim; that the ground and claim therein described has not, nor has any part thereof, to the best of my knowledge and belief, been located according to the laws of the United States and of this state, or if so located, that the same has been abandoned or forfeited by reason of the failure of such former locators to comply in respect thereto with the requirements of said laws; and that I have opened new ground to the extent or depth of feet, as required by the laws of . [Signature.] Subscribed and sworn to [etc.]. ^^^^ • , • , -, [OflBcial signature.] NOTE.— See Idaho Rev. Codes 1907, sec. 3216. No. 2624. Affidavit of Annual Work and Improvements. State of , County of , 88. , being duly sworn, deposes and says that he is a citizen of the United States, and more than twenty-one years of age, resides at , 915 Mining. Form 2625 in county, state, and is personally acquainted with the min- ing claim known as the mining claim, situated in mining district, state, the location notice of which is recorded in the office of the county recorder of said county, in book of records of mines, at page ; and that between the day of , 19 — , and the day of , 19 — , at least dollars' ($ ) vrorth of work and improvements were done and performed upon said claim, not including the location work of said claim. Such work and improve- ments were made by and at the expense of , owner of said claim, for the purpose of complying with the laws of the United States per- taining to assessments of annual work, and and were the men employed by said owner, and who labored upon said claim, and did said work and improvements, — the same being as follows, to wit: . [Signature.] Subscribed and sworn to before me this day of , 19 — . [Notarial Seal] , Notary Public. My commission as notary public expires on the day of , 19 — , NOTE.— Arizona, Eev. Stats. 1913, par. 4035; Colorado, Mill's Ann. Stata, 1912, sec. 4879; Idaho, Eev. Codes 1907, sec. 3211. In Idaho, the affidavit must also show that all stakes, monuments or trees marking boundaries of said claim are in proper place and positions. The mining laws of the United States require at least one hundred dollars' worth of work to be done each year on a placer claim to hold it, and an affidavit must be made and filed showing that such work has been done: See U. S. Eev. Stats., sec. 232-4; 5 Fed. Stats. Ann., pp. 19, 26. No. 2625. Application to United States Surveyor-general for Survey of Mining Claim. To H. W., U. S. Surveyor-general for California : Sir: In compliance with the provisions of the Revised Statutes of the United States, chapter 6, title 32, and instructions issued there- under, I herewith make application for an official survey of the mining claim known as the Slickens Mine, claimed by me, located in Long Bridge Mining District, in the county of Sierra, township No. 9, range No. 27 east, Mount Diablo base and meridian, in the state of California, mentioned and described in the annexed record of location; and I re- quest that you will send to my address an estimate of the amount to be deposited for the work to be done in your office; and after such deposit shall have been made, you will cause the said mining claim to be surveyed by J. J., U. S. Deputy Mineral Surveyor, and will make a plat thereof, indorsed with your approval, designating the number and description of the location, and the value of the labor and improve- ments made by the locator or his grantees on said mining claim; and Form 2626 Cowdery's Foem Book. 916 tliat you will transmit duplicate copies of said plat to applicant, with a certified copy of the field-notes of survey of said mining claim. The expenses of ofiice work are herewith tendered, and request that prompt action be taken therein. [Dated.] A. B. NOTE. — If the applicant is not in actual possession of the ground, an affidavit stating how he was dispossessed, when he was last in possession, and what adverse claims there are, should be filed. This affidavit should state all the material facts and circumstances. The surveyor-general will furnish the applicant with an estimate of the expenses for the office work, covering the items set forth in Form 394, and the required deposit having been made, will direct a United States deputy mineral surveyor to make the survey. No. 2626. Estimate of United States Surveyor-general for Oface Work for Mining Claim. U. S. Surveyor-general's Office, San Francisco, May 20, 1917. To H. H., Downieville, Sierra County, California: I have received your application, dated May 17, 1917, made under the provisions of chapter 6, Revised Statutes of the United States, for a survey of the mining claim known as the Slickens Mine, claimed by you, located in Long Bridge Mining District, in the county of Sierra, township No. 9, range No. 27 east. Mount Diablo base and meridian, in the state of California; also for an estimate of the expenses of the office work required to be done in this office. In reply, I herewith furnish an estimate of the amount to be paid for such office work, viz.: Stationery $ 5.00 Examination of the original field-notes 10.00 Protraction of the original plat 10.00 ]\Iaking duplicate and triplicate plats for claimant 30.00 Transcription of the original field-notes for claimant 20.00 Preparing diagrams for the general and local land offices 20.00 Total $95.00 The said amount must be deposited with the IT. S. Assistant Treas- urer in San Francisco, and his certificate, in triplicate, taken therefor, and sent to this office ; one to be transmitted to the Commissioner of the General Land Office, and one to the Treasurer of the United States, and the other to be forwarded to you. Upon the filing of said certificate, in duplicate, in this office, I will at once authorize the survey of said mining claim by a United States Deputy Mineral Surveyor. 917 Mining. Forms 2627, 2628 After the survey and office work have been completed, I will trans- mit to your address two certified plats of said mining claim, and a certified transcript of the field-notes for your use. A. B. No. 2627. Certificate of Identity of Claim. State of Utah, County of Salt Lake, — ss. J. B. and J. S., of lawful age, each for himself, and not one for the other, being first duly sworn according to law, deposes and says that he is a citizen of the United States; that he is well acquainted with the Slum Mining Claim, situated in Slum Gulch Mining District, county and territory aforesaid, for which B, Y,, Jr., made application for patent, under the provisions of an act of Congress, approved May 10, 1903; that he is not interested in the aforesaid mining claim, either directly or indirectly; that he was present on the first day of April, 1917, on the ground of said mining claim; and that the survey of said mining claim, made on that date, by J. J., surveyor, embraces the iden- tical ground originally claimed by its locators; and, further, that the initial point of discovery of said lode, or mining claim, from which said survey has been made by the said surveyor, is the same place where the notice of said lode, or mining claim, originally was posted. J. B. J. S. Subscribed and sworn to before me, this second day of May, 1917, and I hereby certify that I consider the above deponents credible and reliable witnesses. [Signature.] NOTE. — After the survey has been duly made, the field-notes of survey and plat thereof returned, and tlie whole approved by the surveyor-general, the party may then make application to the register and receiver for the land district within which the claim is located, for a patent. No. 2628. Application for Patent. State of California, County of Butte, — ss. Application for Patent for the Slime Mining District. To the Register and Receiver of the United States Land Office, at San Francisco, State of California: W. H. P., being duly sworn according to law, deposes and says, that in virtue of a compliance with the mining rules, regulations and cus- toms by himself, the said P., and his co-claimants, who are applicants for patent herein, has become the owner of, and is in the actual, quiet and iindisturbed possession of three thousand linear feet of the vein. Form 2629 Cowdery's Form Book. 918 lode, or mineral deposit, together with surface ground three hundred feet in width, for the convenient working thereof, as allowed by local rules and customs of miners, said mineral claim, vein, lode or deposit and surface ground being situated in the Red Dog Mining District, county of Butte, and state of California, and being more particularly set forth and described in the official field-notes of survey thereof, hereto attached, dated the first day of April, 1917, and in the official plat of said survey, now posted conspicuously upon said mining claim or premises, a copy of which is filed herewith. Deponent further states that the facts relative to the right of possession of himself (and his said co-claimants hereinbefore named) to said mining claim, vein, lode or deposit and surface gi'ound, so surveyed and platted, are substan- tially as follows, to wit: [Give full description of claim, from whom, and the manner in which title was derived.] Which will more fully appear by reference to the copy of the original record of location here- tofore furnished, and the abstract of title hereto attached and made a part of this affidavit; the value of the labor done, and the improve- ments made upon said claim by himself and his grantors being equal to the sum of five hundred dollars, and said improvements consist of [described in detail]. In consideration of which facts, and in conform- ity with the provisions of chapter 6, of title 32, of the Revised Statutes of the United States, application is hereby made for and in behalf of said W. H. P. for a patent from the government of the United States, for the said Slime Mining Claim, vein, lode, deposit, and the surface ground so officially surveyed and platted. W. H. P. Subscribed and sworn to before me, this first day of November, 1917, and I hereby certify tliat I consider the above deponent a cred- ible and reliable person, and that the foregoing affidavit, to which was attached the field-notes of survey of the Slime Mining Claim, was read and examined by him before his signature was affixed thereto and the oath made by him. [Signature.] [The above is slightly changed in apphdng to placer mines.] NOTE. — Under the provisions of section 1 of the act of Congress of January 22, 1880, this application may be made by an agent, when the claimant for patent is not a resident of or within the land district. The applicant should immediately cause to be posted, in a conspicuous place upon the mining claim, the following notice: No. 2629. Notice of Application for a United States Patent for Mining Claim. Notice is hereby given that in ptursuance of the act of Congress approved May 10, 1903, "To promote the development of the mining resources of the United States," S. L. and G. M., claiming three thou- 919 Mining. Form 2630 sand linear feet of the vein, lode, or mineral dejiosit, bearing ^old. with surface gi-ound, three hundred feet in width, lying-, being, and situate within the Chuck Mining District, county of Lane, and state of Oregon, have made application to the United States for a patent for the said mining claim, which is more fully described as to metes and bounds by the official plat, herewith posted, and by the field-notes, of survey thereof, now filed in the office of the register of the district of lands subject to sale at Salem, which field-notes of survey described the boundaries and extent of said claim on the surface, with magnetic variations at 17° east, as follows, to wit: [Description.] The said mining claim being of record in the office of the recorder of Tar Camp, at Millerville, in the county and state aforesaid, the presumed general course or direction of the said vein, lode, or mineral deposit bein^: shown upon the plat posted herewith, as near as can be determined from present developments, this claim being for three thousand linear feet thereof, together witli the surface gi'ound shown from the official plat posted herewith, tlie said vein, lode, and mining premises liereby souglit to be patented being bounded as follows, to wit: [Description.] The said claim being designated as lot number seven in the official plat posted herewith. Any and all persons claiming adversely the mining ground, vein, lode, premises, or any portion thereof, so described, surveyed, platted, and applied for, are hereby notified that unless their adverse claims are d;dy filed, as according to law and the regulations thereunder, within sixty daj's from the date hereof, with the Register of the United States Land Office, at Salem, in the state of Oregon, they will be barred, in virtue of the provisions of said statute. Dated on the ground, this third day of May, 1917. S. L. G. M. NOTE. — At the time of filing the application for patent, the claimant should also introduce the proof indicated in the forms. Also, an abstract of title, which must show the possessory title to be in the applicant. This abstract should contain memoranda of all the deeds and encnmbrances appearing of record in the office of the recorder of the mining district or county, as the case may be, and must be certified by such recorder to be a correct abstract. "Where there have been no transfers, a certificate to that effect by the recorder, attached to the certified 'Copy of the certificate of location, will be required. No. 2630. Proof of Posting Notice and Diagram on Mining Claim. State of California, County of Butte, — ss. J. D. and J. W., each for himself, and not one for the other, being first duly sworn according to law, deposes and says, that he is a citizen of the United States, over the age of twenty-one years, and was present Form 2630 Cowdery's Form Book. 920 on the third daj' of May, 1917, when a plat representing the claim, and certified to as correct by the United States Surveyor-general of Cali- fornia, and designated by him as Lot No. 9, together with a notice of the intention of J. D. and J. W. to apply for a patent for the mining claim and premises so platted, was posted in a conspicuous place upon said mining claim, to wit, upon an oak stump, where the same could be easily seen and examined ; the notice so conspicuously posted upon said claim being in words and figures as follows, to wit: Notice of the application of J. D. and J. W. for a United States patent. "Notice is hereby given that in pursuance of chapter 6, of title 32, of the Revised Statutes of the United States," J. D. and J. W., claiming three thousand linear feet of the vein, lode, or mineral deposit, bearing gold, with surface gi'ound, three thousand feet in width, lying and being situated within the Jones Mining District, county of Butte, and state of California, liave made application to the United States for a patent for the said mining claim, which is more fully described as to metes and bounds by the official plat herewith posted, and by the field-notes of survey thereof, now filed in the office of the register of the district of lands subject to sale at Sacramento City, California, which field- notes of survey describe the boundaries and extent of said claim on the surface, with magnetic variation at seventeen degrees east. [De- scription.] The said mining claim being of record in the office of the Recorder of Mines, at Chico, in the county and state aforesaid, the presumed general course or direction of the said vein, lode, or mineral deposit being sliown upon the plat posted herewith, as near as can be deter- mined upon present developments, this claim being for three thousand linear feet thereof, together with the surface ground shown upon the official plat posted herewith, the said vein, lode, and mining premises hereby sought to be patented being bounded as follows, to wit: [De- scription.] The said claim being designated as Lot No. 27, in the official plat posted herewith. Any and all persons claiming adversely the mining ground, vein, lode, premises or any portion thereof, so described, surveyed, platted and applied for, are hereby notified that unless their adverse claims are duly filed as according to law and the regulations thereunder, within sixty days from the date hereof, with the Register of the United States Land Office, at Sacramento, in the state of California, they will be barred, in virtue of the provisions of said statute. J. D, J. W. Dated on the ground, this third day of May, 1917. 921 Mining. Forms 2631-2G33 Subscribed and sworn to before me this third day of May, 1917, and I hereby certify that I consider the above deponents credible and reli- able witnesses, and that the foregoing affidavit and notice were read by each of them before their signatures were affixed thereto and tlie oath made by them. [Signature.] NOTE. — The notice to be posted on the claim with the plat is given in the above form. No. 2631. Afladavit of Five Hundred Dollars Improvements. State of California, County of Sierra, — ss. H. S. and H. H., of lawful age, being first duly sworn according to law, depose and say that they are acquainted with the Slug Canyon Mining Claim in Slope Mining District, county and state aforesaid, for which they have made application for patent under the provisions of chapter 6, of title 32, Revised Statutes of the United States, and that the labor done and the improvements made thereon by the appli- cant and his grantors exceed five hundred dollars in value, and said improvements consist of a tunnel run in and through the center of said ground five hundred feet in length, costing over ten thousand dollars. H. S. H. H. Subscribed and sworn to [etc.]. No. 2632. Proof of Labor. State of California, County of Sierra, — ss. Before me, the subscriber, personally appeared A. B., who, being duly sworn, says that at least one thousand dollars' worth of labor or improvements were performed or made upon the Fast Man Claim, situ- ated in Black Horse Mining District, Sierra county, state of California, during the year ending January 3, 1917. Such expenditure was made by or at the expense of the owners of said claim for the purpose of holding said claim. A. B. Subscribed and sworn to [etc.]. No. 2633. Agreement of Publisher. The undersigned, publisher and proprietor of the M. M., a weekly newspaper, published at Downieville, county of Sierra, and state of California, does hereby agree to publish a notice, dated U. S. Land Office, May 3, 1917, required by the provisions of chapter 6, of title 32, Forms 2634, 2635 Cowdery's Form Book. 922 Revised Statutes of the United States, the intention of H. H., to apply for a patent for his claim on the Oro Lode, situated in Piety Hill INIin- ing District, county of Sierra, state of California, and to hold the said H. alone responsible for the amount due for publishing the same. And it is hereby expressly stipulated and agreed that no claim shall be made against the government of the United States, or its officers or agents, for such publication, R. K. No. 2634. Power of Attorney to Make Application for Entry of Gov- ernment Land. Know all men by these presents: That we, H. B. and J. S., do hereby constitute and appoint S. B. D. as our attorney in fact, for us and in our names to make application to the United States for the entry and purchase of certain government lands, in Piety Hill Mining District, Sierra county, state of California, known as the Oro Mining Claim and premises, and to have the same surveyed, and to take any and all steps that may be necessary to procure from the government of the United States a patent to the said lands and premises, granting the same to us. And to do all other acts appertaining to the said survey and entry aforesaid as we ourselves could do by our own act and in our own proper person. [Dated.] H. B. J. S. No. 2635. Proof of Ownership and Possession in Case of Loss or Absence of Mining Records. State of California, County of Sierra, — ss. H. H. and H. P., each for himself and not one for the other, being first duly sworn according to law, deposes and says that he is a citizen of the United States, over the age of twenty-one years, and a resident of Sierra county, state of California, and has resided in Piety Hill Min- ing District, wherein the Oro Mine is situated, since the third day of May, 1916. That since said date he has been acquainted with the Oro Mine, and with the possessors and workers thereof. That said mine was located and has been possessed and worked in accordance with the customs and usages of miners in said district, and in conformity witli the rules and regulations governing the location, holding, and working 01 mining claims, in force and observed in the state of California. That there are no written records known to deponent existing in said mining district. That affiant is credibly informed and believes that the Oro Mine was located in the year 1916, and that if any record was made of said location, and of the names of the locators, the same lias not been 923 Mining. Form 2636 in existence for a long number of years past, and that by reason thereof the names of the locators cannot now be ascertained, and no abstract of title from locators to the present owners can be made. Tliat tl.e possession of applicant and his predecessors in interest of said Oro Mine has been actual, notorious, and continuous, to the positive knowl- edge of deponent, since his residence in said mining district, and that such possession has been perfected and maintained in conformity with mining usages and customs, and had been acquiesced in and respected by tlie miners of said district. That applicant's right to said Oro Mine is not in litigation within the knoAvledge of affiant, and that no action or actions have been commenced affecting the right to said mine since his acquaintance therewith (and that the time for the commence- ment thereof, as required to be instituted under the provisions of the statute of limitations of the state of California, has long since elapsed). That applicant and his predecessors in interest have expended in the improvement, development, and working of said mine a sum of money exceeding one hundred dollars, as follows, to wit: ten thousand dollars. H. H. H. P. Subscribed and sworn to before me, this eighth day of May, 1917, and I hereby certify that the aforenamed H. P., H. H., S. D., and S. B. D. are credible and respectable persons, to whose affidavits full faith and credit should be given. [Seal] [Signature.] NOTE.— This should be sworn to by at least "two respectable persons, and by the applicant for patent. No. 2636. Nonmineral Affidavit (to be Used in Case of a MiU Site). State of California, County of Sierra, — ss. A. A. S. and G. C. M., of said county and state, being first duly sworn, each for himself deposes and says, that he is well acquainted with the Glide Claim, situated in Slum IVlining District, county of Sierra, and state of California, claimed by W. W. S., applicant for United States patent therefor; that he is well acquainted with the character of said described land, and with each and every legal subdivision thereof, having frequently passed over the same; that his knowledge of said land is such as to enable him to testify understandingly with regard thereto; that there is not to his knowledge, within the limits thereof, any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, or copper, or any deposit of coal ; that tliere is not within the limits of such land, in his knowledge, any placer, cement, gravel or other valuable mineral deposit; that no portion of said land is claimed for mining purposes under the local customs or rules of miners, or otherwise; that no portion of said land is worked for minerals during Forms 2637, 2638 Cowderys Form Book. 924 any part of the j^ear by any person or persons; that said land is essen- tially nonmiueral land, and that he has no interest whatever in said ^'^"^- A. A. S. G. C. M. Subscribed and sworn to before me, this third day of May, 1917, and I hereby certify that the foregoing affidavit was read to each of the said subscribers previous to his name being subscribed thereto; and that deponent is a respectable person, to whose affidavit full faith and credit should be given. [Seal] [Signature.] No. 2637. Proof That No Known Veins Exist in a Placer Mining Claim. State of California, County of Nevada, — ss. A. A. J. and B. A., of the said county and state, being first duly sworn, each for himself, deposes and says, that he is well acquainted with the Slips Placer Mining Claim, embracing one thousand acres, situated in the Flow Mining District, in the county of Nevada, and state of California, owned and worked by F. F. H., applicant for United States patent; that for many years he has resided near, and often been upon the said mining premises, and that no known vein or veins of quartz, or other rock in place bearing gold, silver, cinnabar, lead, tin or copper, exist on said mining claim, or on any part thereof, so far as he knows, and he verily believes that none exist thereon. A. A. J. B. A. Subscribed and sworn to before me, this tenth day of January, 1917. [Signature.] NOTE. — In case any known mines exist within the exterior boundaries of the placer claim, the names of such known veins should be given, to be sworn to by the applicant and one or more other persons. Directly after the filing of the application for patent, with accompanying proof, the register of the land office will designate a newspaper, as published nearest the land sought to be patented, to publish the following notice for sixty days: No. 2638. Notice of Application for a Patent for Lode Claim. U. S. Land Office, May 3, 1917. Notice is hereby given that H. H., whose poStoffice address is Downie- ville, Sierra county, California, has this day tiled his application for a patent for nine thousand linear feet of the Oro Mine or vein, with surface ground three hundred feet in width, situated in Piety Hill Mining District, county of Sierra, and state of California, and desig- nated by the field-notes and official plat on file in this office as lot number 10, in township 9, range 7 east, of Mt. Diablo base and meridian, said lot number 10 being as follows, to wit : [Description.] H. H. 925 Mining. Forms 2639, 264-:- No. 2639. Proof of Publication on Application for Mining Patent. State of California, County of Sierra, — ss. V. D., being duly sworn, deposes and says, tbat he is the proprietor of the M. M., a newspaper published in Sien-a county, in the state of California. That the notice of which a copy is hereto attached, was first pub- lished in said newspaper in its issue dated the ninth day of January, 1917, and was published in each issue of said newspaper for sixty days thereafter the full period of sixty days, the last publication thereof being in the issue dated the nineteenth day of August, 1917. V. D. Subscribed and sworn to [etc.]. No. 2640. Proof That Plat and Notice Remained Posted on Claim Dur- ing Time of Publication. State of California, County of Sierra, — ss. H. H., being first duly sworn according to law, deposes and says that he is claimant (and co-owner with), H. S., in the Oro Mining Claim, Piety Hill Mining District, Sierra county, California, the official plat of which premises, together with the notice of intention to apply for a patent therefor, was posted thereon on the ninth day of January, 1917, as fully set forth and described in the affidavit of G. B., and S. W., dated the ninth day of January, 1917, which affidavit was duly filed in the office of the Register at Sacramento, in this state ; and that the plat and notice so mentioned and described remained continuously and conspicuously posted upon said mining claim from the ninth day of January, 1917, until and including the nineteenth day of August, 1917, including the sixty days' period during which notice of said pub- lication for patent was published in the newspaper. H. H. Subscribed and sworn to before me this twentieth day of August, 1917, and I hereby certify that the foregoing affidavit was read to the said H. H. previous to his name being subscribed thereto; and that deponent is a respectable person, to whose affidavit full faith and credit should be given. [Seal] [Signature.] NOTE. — A publication in a weekly newspaper for nine weeks is not a publication for sixty days. There must be ten insertions: Sickles on Mining Laws and Decisions, 324. It must be published in the newspaper nearest the claim: Id. 68. It must be made with the knowledge of the register of the head office: Id. 71. One notice may include several tracts: Id. 342. Forms 2641, 2642 Cowdeby's Form Book. 926 No. 2641. Statement of Teea and Ohaxges on Application for Mining Patent. State of California, County of Sierra, — ss. H. H., being first duly sworn according to law, deposes and says, that he is the applicant for patent for the Oro lode in Piety Hill Mining District, county of Sierra, state of California, under the provisions of chapter 6, of title 32, of the Revised Statutes of the United States, and that in the prosecution of said application he has paid out the fol- lowing amounts, viz.: To the credit of tlie surveyor-general's office, one hundred dollars; for surveying, ten dollars; for filing in the local land office, fifty dollars; for publication of notice, fifty dollars; and for the land embraced in his claim, one thousand dollars. Subscribed and sworn to [etc.]. [Seal] H. H. NOTE. — In due time, if no adverse claim has been filed, or if filed, but no suit has been commenced thereon within Ihe period prescribed by law, the claimant may make application to purchase. The register should there- upon certify to the fact of the posting of notice in the land office of the application 'for patent; and upon payment to the receiver of the purchase money should issue his certificate of entry. No. 2642. Register's Certificate of Posting Notice of Application for Mining Patent. United States Land Office at San Francisco, State of California, 1917. I hereby certify that the official plat of the Gold lode designated by the surveyor-general as Lot No. 10, was filed in this office on the twen- tieth day of May, 1917, and that the attached notice of the intention of S. B. to apply for a" patent for the mining claim, or premises, embraced by said plat, and described in the field-notes of survey thereof filed in said application, was posted conspicuously in this office on the ninth day of June, 1917, and remained so posted until the twentieth day of August, 1917, being the full period of sixty consecutive days during the period of publication as required by law; and that said plat remained in this office during that time, subject to examination, and that no adverse claim thereto has been filed. K. L. NOTE. — The notice posted in the office should be attached to this cer- tificate; a copy of the notice published is the one usually posted in the register's office. [These forms, which are designed particularly for lodo. or quartz, claims, may also, with alight modification, be used for placer claims.] 927 Mining. Forms 2043, 2644 No. 2643. Certificate on Application for Mining Patent That No Suit is Pending. State of California, County of Sierra, — ss. I, H. S., clerk of the superior court, in and for Sierra county, Cali- fornia, do hereby certify that there is now no suit or action o£ any character pending in said court, involving the right of possession to any portion of the Oro mining claim, and that there has been no litiga- tion before said court affecting the title to said claim, or any part thereof, for twenty years last past, or within the period prescribed by the statute of limitations, to wit, five years, other than what has been finally decided in favor of H. H. In witness whereof, I have hereunto set my hand and affixed the seal of said court, at my office, in Downieville, this twentieth day of June, 1917. H. S., Clerk of the Superior Court in and for Sierra County, California. No. 2644. Protest and Adverse Claim on Application for Mining Patent. United States Land Office, State of California, — ss. In the Matter of the Application of H. H., for a United States Patent for the Oro Lode, or Mining Claim, and the Land and Premises Appertaining to said Mine, Situated in the Piety Hill Mining Dis- trict, in Sierra County, State of California. To the Register and Receiver of the United States Land Office, at San Francisco, and to the Above-named Applicant for Patent for tlie Oro Lode: You are hereby notified that A. C, of the city of Stockton, county of San Joaquin, and state of California, and a citizen of the United States of America, is the lawful owner and entitled to the possession of three thousand feet of the said Oro lode, or mine, described in said application, as shown by the diagram posted on said claim, and a copy thereof filed in the land office with said application, and as such owner this contestant, the said A. C, does protest against the issuing of a patent thereon to said applicant, and does dispute and contest the right of said applicant tlierefor. And this contestant does present the nature of his adverse claim, and does fully set forth the same in the affidavit hereto attached, marked Exhibit "A," and the further exhibits thereto attached and made part of said affidavit. The said A. C. therefore respectfully asks the said register and re- ceiver that all further proceedings in the matter be stayed until a final Form 2644 Cowdery's Form Book. 928 settlement and adjudication of the rights of this contestant can be had in a court of competent jurisdiction. [Place and date.] A. C. Exhibit "A." State of California, City and County of San Francisco, — ss. A. C, being first duly sworn, deposes and says, that he is a citizen of the United States, born in the state of California, and is now resid- ing in Stockton; that he is the contestant and protestant named in, and who subscribed the notice and protest hereto annexed. Affiant further says that he is the owner by purchase and in possession of the (adverse) lode, or vein, of quartz and other rock in place, bearing gold and other metals. That the said lode is situated in the Piety Hill Mining District, Sierra County, state of California. [The history of the lode should be given in full; for instance, as follows:] This affiant further says, that on the day of location the premises hereinafter described were mineral lands of the public domain, and entirely vacant and unoccupied, and were not owned, held, or claimed by any person or persons as mining ground or otherwise, and that while the same were so vacant and unoccupied and unclaimed, to wit; on the first day of January, 1917 [name locators], each and all of them being citizens of the United States, entered upon and explored the premises, discovered and located the said Oro lode, and occupied the same as mining claims. That the said premises so located and appropriated consist of fifteen hundred feet in a northerly direction, and fifteen hun- dred feet in a southerly direction, as will fully appear by reference to the notice of location, a duly certified copy whereof is hereunto annexed, marked Exhibit ''B," and hereby made a part of this affidavit. That the locators, after the discovery of said Oro lode, drove a stake on said lode on the discovery claim, erected a monument of stone around said stake, and placed thereon a written notice of location describing the claim so located and appropriated, giving the names of the locators and quantity taken by each, and after doing all the acts and performing all the labor required by the laAvs and regulations of said Piety Hill Mining District, and state of California, the locators of said lode caused said notice to be filed and recorded in the proper books of record in the recorder's office in said district, on the ninth day of January, 1917. Affiant further says, that the said locators remained continuously in possession of said lode, working upon the same, and within twelve months from the date of said location had done and performed work and labor on said location in mining thereon and developing the same, more than three hundred and sixty-five days' work, and expended on said location more than nine hundred dollars, and by said labor and money expended upon the said mining location and claim, had developed the same, and extracted therefrom more than one thousand tons of ore. 929 Mining. Form 2644 And affiant fnrllicr says, that said locators, in all respects, com- plied with every custom, rule, regulation and requirement of the mining laws, and every rule and custom established and in force in said Piety Hill Mining District, and thereby became and were owners (except as against the paramount title of the United States) and the rightful pos- sessors of said mining claims and premises. And this affiant further says, that said locators proved and estab- lished, to the satisfaction of the recorder of said mining district, that they had fully complied with all the rules, customs, regiilations, and requirements of the laws of said district, and thereupon the said re- corder issued to the locators of said lode certificates confirming their titles and rights to said premises. That the said lode was located and worked by the said locators as tenants in common, and they so continued in the rightful and undis- puted possession thereof from the time of said location until on or about the tenth day of June, 1917, at which time the said locators and owners of said lode formed and organized under the laws of the state of California, and incorporated under the name of the "Ore Gold Min- ing Company"; and on the tenth day of June, 1917, each of the locators of said lode conveyed said lode, and each of their rights, titles, and interests in and to said lode, to said "Oro Gold Mining Company." On the said tenth day of June, 1917, the said company entered in+o and upon said lode, and was seised and possessed thereof, and everv part and parcel of the same, and occupied and mined thereon until the thirtieth day of August, 1917, at which time the said mining com- pany sold and conveyed the same to this affiant, which said several transfers and conveyances will fully appear by reference to tlie abstract of title and paper thereto attaclied, marked Exhibit "D," and made a part of this affidavit. [In case of individual transfers.] And this affiant further says, that the said J. J., who located claim No. 10, northwesterly of the said Oro lode, and the said J. S., who located claim No. 11, northwesterly thereon, were seised and possessed of said claims, and occupied and mined thereon until the tenth day of June, 1917, at which time the said S. and J. sold and conve5'^ed the same to the said corporation, and thereupon the said corporation was seised and possessed of said mining claims and locations, and occupied and mined thereon until tlie thirtieth day of September, 1917, at which time the said corporation sold and conveyed the same to this affiant, as will fully appear by reference to the abstract of title and paper hereto attached, marked Exhibit "D," and which this affiant hereby makes a part of this his affidavit. Affiant further says, that he is now and has been in the occupation and possession of the said lode since the thirtieth day of August, 1917, iind that said lode and mining claims were located, and the title thereto established, several years before said (applied for) Oro lode was located. Form Book — 59 Form 2645 Cowdeby's Form Book. 930 Affiant further says that said Oro lode, as shown by the notice and diagram posted on said claim, and the copy thereof filed in the United States Land Office, with said application for a patent, crosses and overlaps said Oro lode, and embraces about thirty feet in length by three hundred feet in width of the said Oro lode, the property of this affiant, as fully appears by reference to the diagram or map duly certified by the U. S. Deputy Surveyor, hereto attached, marked Ex- hibit "C," and which diagram presents a correct description of the relative locations of the said (adverse) lode, and of the pretended (applied for) lode. Affiant further says, that he is informed and believes that said appli- cant for patent well knew that affiant was the owner in possession and entitled to the possession of so much of said mining ground embraced witliin the survey and diagram of said applications as is hereinbefore stated, and that this affiant is entitled to all the gold and other metal in said (adverse) lode, and all that may be contained within a space of three hundred feet on each side of said (adverse) lode. And affiant further says that this protest is made in entire good faith, and with the sole object of protecting the legal rights and property of this affiant in the said (adverse) lode and mining premises. A. C. Subscribed and sworn to [etc.]. Surveyor's Certificate. [On the diagram marked Exhibit "C," the surveyor must certify in effect as follows:] I hereby certify that the above diagram correctly represents the con- flict claimed to exist between the Oro and Oro Gold lodes, as actually surveyed by me. And I further certify, that the value of tlie labor and improvements on the (adverse) lode exceeds five hundred dollars, and said improvements consist of [state in full]. No. 2645. Notice to Co-owner of Mine to Contribute. State of California, County of Sierra, 1917. To A. C: You are hereby notified that I have expended three hundred dollars in labor and improvements upon the Oro lode, as will appear by certifi- cate filed August 1, 1917, in the office of the recorder of said county (or district), in order to hold said premises under the provisions of section 2324, Revised Statutes of the United States, being the amount required to hold the same for the year ending August 30, 1917. And if within ninety days from the service of this notice (or within ninety days after this notice by publication), you fail or refuse to contribute your proportion of such expenditure as co-owner, your interest in said claim will become the property of the subscriber under said section 2324. B. D. 931 Money Had and Received. Forms 2GG6, 26t)7 NOTE. — At the expiration of one hundred and eighty days, this printed notice should be recorded, with the affidavit of the newspaper publisher that the same was published for the period of ninety days, together witH the affidavit of the party signing the notice, to the effect that one or more of the co-owners named in the published notice have not paid their share of the expenditure. This completes the record title. MONEY HAD AND RECEIVED. 2666. Complaint for money had and received. 2667. Complaint for money had and received. No. 2G66. Complaint for Money Had and Received. [Title of Court and Cause.] , the plaintillP in the above-entitled action, complaintng of , the defendant in said action, alleges: 1. That on the day of , 19 — , at the county of , state of , the said defendant received from the said plaintiff, as the agent of said plaintiff, the sum of dollars ($ ) to the use of said plaintiff, which he agreed to pay to plaintiff on demand. 2. That thereafter, and before this action was commenced, the said plaintiff demanded payment thereof from the said defendant. 3. That the said defendant has not paid tlie said sum, nor any part thereof; and the same is due. Wherefore, the said plaintiff prays judgment against the said de- fendant for the said sum of dollars ($ ), interest, and costs of suit. [Signature.] No. 2667. Complaint for Money Had and Received. [Title of Court and Cause.] John Wendt, the plaintiff in the above-entitled action, complaining of Thatcher Ross, the defendant in said action, alleges: That on the sixth day of June, 1864, the firm of Ah Sing & Co. were indebted to the plaintiff in the sum of four hundred and twenty-five dollars ($425), being the balance due plaintiff of the purchase money of a certain interest in a lot of mining claims situate on Dutch Ravine, Placer Countj'^, and before that time sold and conveyed by plaintiff to said Ah Sing & Co. Tliat afterward, to wit, on the day and year afore- said, at the said county, it was mutually agreed by and between the said plaintiff and Ah Sing & Co. and the said defendant that the said Ah Sing & Co. would and should pay over to tlie said defendant the said sum of money so due as aforesaid, and that defendant would re- ceive and safely keep the same as the money of plaintiff, and would pay the same over to the plaintiff when he should be thereunto after- ward requested. And plaintiff avers that afterward, to wit, on said day and year, the said Ah Sing & Co. did pay over, in tlie gold coin of the United States, said sum of four hundred and twenty-five dollars Forms 2680, 2681 Cowdery's Form Book. 932 to the said defendant for and to the use and benefit of said plaintiff; and said defendant so received the same in said coin. And plaintiff avers that afterward, to wit, on the first day of September, 1864, the plaintiff demanded of said Ross the payment of said sum of money, in said coin; but that said defendant Ross has wholly failed, neglected and refused, and still does so fail, neglect and refuse to pay the same, or any part thereof, and that there is now due plaintiff from said de- fendant said full sum of four hundred and twenty-five dollars in gold coin, and legal interest thereon, from said first day of September, 1864. Wherefore plaintiff prays judgment against the defendant for the sum of four hundred and twenty-five dollars, and costs of suit, all in lawful money of the United States. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Wendt v. Ross, 33 Cal. 650. MONEY LOANED. 2680. Complaint againet borrower for money loaned. 2681. Complaint for money lent by plaintiff's testator. No. 2680. Complaint Against Borrower for Money Loaned. [Title of Court and Cause.] Tlie plaintiff complains, and alleges: 1. That on the day of , 19 — , at , he loaned to the de- fendant, at his request, dollars ($ ). 2. That the defendant has not paid the same, nor any part thereof. Wherefore the plaintiff demands judgment for dollars ($ ), with interest from the day of , 19 — . [Signature.] No. 2681. Complaint for Money Lent by Plaintiff's Testator. [Title of Court and Cause.] The above-named plaintiff complains of the above-named defendants, and alleges: That the said Patrick Fitzgerald died in said city and county on or about the twenty-eighth day of July, 1884, leaving a will, which, after due proceedings had, was admitted to probate as his last will and tes- tament on the thirteenth day of August, 1884, in and by the order and decree of the superior court of said city and county, duly made and given herein. And on or about the same day letters testamentary upon his estate issued to said plaintiff, Bridget Fitzgerald, out of said court, and she then and there qualified as executrix of said will, and she ever since has been and now is such executrix. 933 Money Paid. Forms 2691, 2692 That at the time of the death of said Patrick Fitzgerald, the said defendants were indebted to him in the sum of $381, gold coin of the United States, for money loaned by said deceased to the defendants in his lifetime, and legal interest on the same. That in about three months after the said death, the defendants promised to pay said sum of $381 to said executrix, but they have not paid the same or any part thereof, except the sum of $101, leaving a iDalance of $280 still due and unpaid, which sum is now payable to said plaintiff as executrix. Wherefore the plaintiff prays for judgment against the defendants for the sum of $280, with interest and costs. M. Cooney, Attorney for Plaintiff. (NOTE.— Precedent in Eeagan v. Justices' Court, 75 Cal. 254, 17 Pac. 195. MONEY PAID. 2691. Complaint for money paid to third party. 2692. Complaint for repayment of money paid where judgment reversed. 2693. Complaint for money paid out. No. 2691. Complaint for Money Paid to Third Party. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the twelfth day of January, 1917, at P., at the request of defendant, plaintiff paid to one A. B. $1,550. 2. That in consideration thereof, defendant promised to pay the same to plaintiff. 3. That on the fourth day of May, 1917, the plaintiff demanded pay- ment of the same from the defendant, but he has not paid the same, nor any part thereof. Wherefore [etc.], [Signature.] No. 2692. Complaint for Repayment of Money Paid Where Judgment Reversed. [Title of Court and Cause.] Tlie plaintiff complains, and alleges: 1. That on or about the eighteenth day of January, 1906, judgment was rendered against this plaintiff in the superior court of the county of Sierra, state of California, in an action wherein the defendant was plaintiff, and this plaintiff was defendant for the sum of $2,500. 2. That on the twenty-fifth day of March, 1906, at Grass Valley, the plaintiff paid to the defendant the sum of $2,500, in satisfaction thereof. 3. That afterward, on the tenth day of April, 1906, by the judement of the supreme court of said state of California, said first-mentioned Form 2693 Cowdery's Form Book. 934 judgment was reversed; but that no part of the said sum paid in satis- faction thereof has been repaid to this plaintiff. Wherefore [etc.]. [Signature.] No. 2693. Complaint for Money Paid Out. [Title of Court and Cause.] The plnintiff compIainin<5 of the defendant alleges that plaintiff is, and at all times hereinafter mentioned has been, doing business as a broker and buyer, on commission, in the county of Santa Barbara, state of California; that as such broker, between the twenty-sixth day of July, 1889, and the twenty-ninth day of March, 1890, plaintiff advanced in Santa Barbara, in the county and state aforesaid, the sum of $697.69 for defendants, at defendants' instance and request, in the purchase of certain Lima and other beans, and other products of California; that defendants promised to pay the same to plaintiff, and although often requested so to do, defendants have neglected and still neglect to pay the same to plaintiff, or any part thereof. Wherefore the plaintiff demands judgment against the defendants for the sum of six hundred and ninety-seven dollars and sixty-nine cents, witli interest from the twenty-ninth day of March, 1890, together with the costs of this action. Howard A. Rogers. [Verification.] MORTGAGE. 2700. Code mortgage. 2701. Mortgage — Utah. 2702. Mortgage — Washington. 2703. Mortgage — Short form — Wyoming. 2794. Mortgage to secure promissory note. 2705. Mortgage to secure money payable in Installments. 2706. Mortgage, with power of sale. 2707. Mortgage binding mortgagor to pay taxes and to insure property. 2708. Mortgage — Deed v/ith defeasance — Arizona. 2709. Mortgage — Grant with defeasance. 2710. Mortgage by a corporation. 2711. Petition for mortgage of property of church or society. 2713. Oiclpr fiving tir'.e ?,nd ylace of hearing petition to mortgage property of churcii or society. 2714. Order authorizing mortgage to be given by church or society. 2715! Chattel mortgage— General form. 2716. Afe.c1avit to chattel mortgage on behalf of corporation. 2717. Chattel mortgage — Statutory form — California. 2718. Crop mortgage. 2719. Chattel mortgage to secure performance of lease. 2720. Mortgage for less than one Inmdred dollars — Washington. 2721. Cliattel mortgage — North Dakota, Oklahoma and South Dakota. 8722. Complaint in an action to have a deed absolute declared a mortgage, and for an accounting of rents and profits. 935 Mortgage. Forms 2700, 2701 2723. Complaint to cancel deed and correct mortgage. 2724. Answer denying execution of mortgage by codefendant* 2725. Mortgage of real property — Colorado. 2726. Mortgage (statutory) — Montana. 2727. Mojtgage (statutory) — North Dakota. 2728. Mortgage (statutory) — South Dakota. CEOSS-REPERENCES. See Probate Mortage. Mortgage by Administrator, No. 3043. Mortgage — Notice of Intended Sale Under, No. 2788. Mortgage — Partial Release, No. 3257. Mortgage — Satisfaction of, No. 3259. No. 2700. Code Mortgage. Tliis mortgage, made the day of , in the year 19—, by , of , mortgagor, to , of , mortgagee, witnesseth : That the mortgagor mortgages to the mortga<::ee , as security for the payment to him of dollars ($ ) on the day of , in the year 19—, with interest thereon [or as security for the performance of an obligation, describing it, etc.; as, for the payment to said mort- gagee of the sum of dollars ($ ) in gold coin of the United States of America, on the day of , 19—, with interest thereon at the rate of per cent per year, according to the terms and condi- tions of a certain promissory note of even date with this mortgage, in words and figures following, to wit (inserting a copy of the note)]. [Signature.] [Acknowledgment.] NOTE.— California, Civ. Code, sec. 2948; Montana, Rev. Codes 1907, sec. 5748. As a mortgage must be recorded to afford any security against subsequent encumbrances, and as the instrument must be acknowledged or proved before it can be recorded, and as proof by a subscribing witness is sometimes very inconvenient, the mortgage ought to be acknowledged: See Cal. Civ. Code, sees. 1161, 1214; Mont. Rev. Codes 1907, sees. 4G40, 4GS4; and similar statutes of other states. If not acknowledged, there should be a subscribing witness. No. 2701. Mortgage— Utah. , mortgagor, hereby mortgages to , mortgagee, for the sum of dollars ($ ), the following described tract of land in county, : . This mortgage is given to secure the following indebtedness: . The mortgagor agrees to pay all taxes and assessments on said prem- ises, and the sura of dollars ($ ) attorney's fee in case of foreclosure. Witness the hand of said mortgagor this day of , 19 — . [Signature.] [Acknowledgment.] NOTE. — When executed as required by law, such mortgage shall have the effect of a conveyance of the land therein described, together with all the rights, Forms 2702, 2703 Cowdeby's Form Book. 936 privileges and appurtenances thereunto belonging, to tlie mortgagee, his heirs, assigns, and legal representatives, for the payment of the indebtedness therein set forth with covenant from the mortgagor that all taxes and assessments levied and assessed upon the land described, during the continuance of the mortgage, shall be paid previous to the day appointed for the sale of such lands for taxes, and may be foreclosed as provided by law and with the same effect, upon any default being made in any of the conditions thereof as to payment of either principal, interest, taxos^ or assessment: See Utah Comp. Laws 1907, sec. 1983. No. 2702. Mortgage — Washington. Tlie mortgagor, , mortgages to , to secure the payment of • , the following described real estate, namely: , situated in the county of , state of . Dated this day of , 19 — . [Signature.] [Acknowledgment.] KOTE.— See Wash. Eem. Code, sec. 8750. Every such mortgage, when otherwise properly executed, shall be deemed and held a good and sufficient conveyance to secure the payment of the money therein specified. The parties may insert in such mortgage any lawful agree- ment or condition. No. 2703. Mortgage— Short Form— Wyoming. , mortgagor, to secure payment of , does hereby mortgage to , mortgagee, the following described real estate situate in the oounty of , state of , to wit : . The mortgagor agrees to pay all taxes and assessments on said prem- ises and to keep the buildings thereon insured in a sum not less than ■ dollars ($ ), during the life of this mortgage, in favor of and payable to the mortgagee; and in case the mortgagor shall fail to pay such taxes and assessments, and to keep said premises insured as afore- said, the mortgagee may insure said buildings and pay such taxes and assessments; and all sums so paid shall be added to and considered as part of the above indebtedness hereby secured, and shall draw interest at the same rate. In case default shall be made in the payment of the above sum hereby secured, or in the payment of the interest thereon, or any part of such principal or interest, when the same shall become due, or in case default shall be made in any of the covenants and agreements hereof, then the whole indebtedness hereby secured, with the interest thereon, shall be- come due and payable, and the mortgagee may proceed, pursuant to law, to foreclose and sell said property, and out of the proceeds of such sale he shall pay all sums due hereunder, together with all costs of sale and foreclosure, including dollars ($ ), attorney's fees; and hereby relinquishing and waiving all ris^hts under and by virtue of the home- stead exemption laws of said state. Dated this day of , 19 — , [Signature.] In presence of •. 937 Mortgage. Form 2704 NOTE. — Every mortgage of lands which is substantially in the above form, and duly executed, shall be deemed and held a good and sufficient mortgage in fee to secure the payment of the moneys therein specified; and if the same shall contain after the word "mortgage," where it first aipcars in said form, the words "and warrants," such mortgage shall be construed the same, to all in- tents and purposes, as if full covenants of seizin, good right to convoy, against encumbrances, quiet enjoyment, and general warranty were fully written therein; but if the words "and warrants" are omitted no such covenants shall be implied: See Wyo, Comp. Stats. 1910, sec. 3667. No. 2704. Mortgage to Secure Promissory Note. This mortgage, dated on this day of , 19 — , and made and executed by , of , county of , state of , party of the first part, who is hereinafter referred to as, and called, the mortgagor, to , the party of the second part, hereinafter referred to as, and called, tlie mortgagee, witnesseth: Whereas the mortgagor has, at the date hereof, borrowed and received from the mortgagee the sum of dollars ($ ), in gold coin of the United States of America, and has agi'eed to repay the same, with in- terest thereon, by his certain promissory note of even date herewith, and which is in the words and figures following, to wit: [$ — — .] [Place, state, and date.] For value received, in gold coin of the United States of America, I promise to pay to , or order, at , state of , after the date hereof, the principal sum of dollars ($ ), in the gold coir aforesaid, and interest on said sum from date hereof until paid, at the rate of per cent per annum payable , in the gold coin afore- said. This note is secured by a mortgage of even date herewith, made by the undersigned to said . And I further promise and agree that if any installment or part of said interest be not paid on the day when it falls due, according to the terms hereof, it shall then and thereupon be added to and become a part of the principal, and sliall bear interest from the day on which it falls due until paid, at the same rate as said principal sum, payable monthly, and if not so paid to compound; that upon, and at any time during, default in the payment of said interest, or of any installment or ]iart thereof, the whole of said principal sum, or so much tliereof as then remains unpaid, shall, at the option of the holder of this note, but not otherwise, become and be immediately due and payable ; and that notice of the exercise of such option is hereby expressly waived. [Signature.] Now, therefore, the mortgagor, for the purpose of securimr the repay- ment of the said sum so borrowed and interest thereon, according to the terms of said promissory note, and also for the purpose of securing the payment, according to the provisions and conditions hereof, of all otlier indebtedness and sums of money herein provided to be paid, and the discharge and performance of each and every obligation hereby imposed upon the mortgagor, does hereby mortgage unto the mortgagee all that Form 2705 Cowdery's Form Book. certain real property situated in the county of , state of which is particularly described as follows, to wit: . Witness my hand this day of , 19 — . [Acknowledgment.] [Signature.] No. 2705. Mortgage to Secure Money Payable in Installments. This mortgage, made the day of , 19—, by , hereinafter called the party of the first part, to , hereinafter called the party of the second part, witnesseth: That the said party of the first part, for, and in consideration of the B^ini of dollars ($ ), current lawful money of the United States of America, to him in hand paid, the receipt whereof is hereby acknowl- edged, does, by these presents, mortgage to the party of the second part, all that certain land in the county of , state of , bounded and particularly described as follows, to wit: ; Together with all the tenements, hereditaments and appurtenances thereunto belonging, and the rents, issues and profits thereof. This mortgage is intended to secure the payment of a certain promis- sory note of even date herewith, in words and figures as follows : [$12,000.] [Place and date.] One year after date, for value received, I promise to pay to , or order, at the sum of twelve thousand dollars ($12,000), in current lawful money of the United States of America, in twelve monthly install- ments, to wit, the sum of one thousand dollars ($1,000) on the day of , 19 — , and the like sum on the day of , 19 — , in each of the months following, until the whole shall have been paid, with in- terest thereon at the rate of per cent per annum, the interest on each installment being payable when it becomes due, and, if not then paid, to bear interest at the same rate as the principal, both principal and interest being payable in like current lawful money of the United States of America. [Signature.] This mortgage is also intended to secure, and does hereby secure, the payment of all liens, encumbrances, charges and the counsel fee herein mentioned; said counsel fee to become payable and be allowed if suit be commenced to foreclose this mortgage. In case default be made in the payment of the said principal, or any installment thereof, or any installment of interest, as provided in said promissory note, then the whole sum of principal and interest shall be due at the option of the said party of the second part, or assigns, and suit may be immediately brought and a decree be had to sell the said premises, with all and every of the appurtenances, or any part thereof, in the manner prescribed by law, and out of the money arising from Buch sale, to retain the said principal and interest, although the time for payment of said principal sum may not have expired, together with the 939 Mortgage. Form 2706 costs and charges of making such sale, and of snit for foreclosure, in- cluding counsel fees at the rate of per cent upon the amount which may be found to be due for principal and interest by the said decree, and also the amounts, both principal and interest, of all such payments of liens or other encumbrances as may have been made by said party of the second part, by reason of the permissions hereinafter given, and the overplus, if any there be, shall be paid by the party making such sale, on demand, to the said party of the first part, his heirs, executoi-s, admin- istrators or assigns. And it is hereby agreed that the said party of the second part, his heirs, executors, administrators, or assigns, may pay and discharge at maturity all liens or other encumbrances now subsisting or hereafter to be laid or imposed upon said lot of land and premises, excepting for taxes and other assessments levied or assessed upon this mortgage, or upon the money secured hereby, and which may be in effect a charge thereupon; and such payments shall be allowed, with interest thereon at the rate of per cent per year ; and such payments, and interest, and the counsel fees, costs and other expenditures mentioned in this mortgage, shall be considered as secured by these presents, and shall be a charge and preferred lien upon said premises, and shall be repayable in the same kind of money or currency in which the same may have been paid, and may be deducted from the proceeds of the sale above authorized. Witness my hand [etc.]. [Signature.] [ Acknowledgment. ] No. 2706. Mortgage, With Power of Sale. This mortgage, made this day of , 19 — , by . of , mortgagor, to , of , mortgagee, witnesseth : That said mortgagor does hereby convey, hypothecate and mortgage to said mortgagee all that real property situated in the county of , state of , described as follows : ; Together with all improvements thereon and appurtenances thereto, and also all land adjacent thereto inclosed or occupied by fences or struc- tures partly on the above-described property, and used in connection therewith. As security for the pajmient by said mortgagor to said mortgagee of the sum of dollars ($ ), one year after the date hereof, with interest thereon at the rate of seven per cent per annum according to the terms of a promissory note of even date herewith, executed and de- livered by said mortgaoor to the mortgagee, which sum said mortgagor hereby acknowledges to have borrowed and received from said mort- gagee; and also as security for the discharge and performance of all obligations and promises on the part of the mortgagor herein contained : Said mortgagor hereby promises to pay the sum specified in said prom- issory note, according to the terms thereof; and also to pay and dis- Form 2706 Cowdery's Form Book. 94U charge, at maturity, all taxes, assessments, liens, or encumbrances, now- subsisting or which may hereafter, during the continuance hereof, be laid or become a charge on the above-described property, or any part tliereof, except taxes v/hich may be imposed on this mortgage or the debt hereby secured; also that he will keep the buildings now or here- after to be erected on said property insured against loss by fire, in some company to be approved by said mortga;^ee, in a sum not less than that hereby secured, loss, if any, pa3'al)le to the mortgagee ; and if said mort- gagor shall fail or neglect to pay and discharge the taxes, liens and encumbrances, or to effect the insurance as above provided, then said mortgagee is hereby empowered, for the account of, and without notice to, said mortgagor, to pay and discharge any and all such taxes, liens and encumbrances, and to effect such insurance; and all money paid by said mortgagee under any provision hereof shall be immediately repay- able by the mortgagor, and, with interest thereon at the rate specified in said promissory note, shall be secured hereby. And said mortgagee is hereby empowered during the continuance liercof, to commence and prosecute, or to defend, or to compromise and settle, any suit or judicial proceeding, affecting the title or right of pos- session to the above-described property, or which he may deem necessary or proper for the protection or security of the title thereto or his in- terest tlierein; and to employ and to pay counsel and attorneys for any of the above purposes; and any money paid, or expense incurred, by said mortgagee, or the holder hereof, under this provision shall be repaid by the mortgagor, and, with interest thereon from the date of payment, at the rate sijccified in said promissory note, is hereby secured. If default is made in the payinent of said promissory note, or the in- terest thereon, according to the terms thereof, or if a breach be made of any obligation for which this mortgage is a security, then said mort- gagee is hereby empowered, at any time after the breach of such obliga- tion, to sell and convey the mortgaged property at public auction, after such notice, for such price and on such terms as the mortgagee may deem proper, and to apply the proceeds of sale in payment of the ex- penses of such sale, and of all sums due from the mortgagor on said promissory note, or under any provision hereof, and an attorney's fee of two (2) per cent of the amount due on said promissory note, for leq^al service and advice to the mortgagee in the matter of making said sale, which fee said mortgagor hereby agrees to pay, and the same is hereby secured ; and the overplus of said proceeds of sale, if any, shall be paid to said mortgagor. Or, if default or a breach of any obligation for which this mortgage is a security be made as aforesaid, said mortgagee, at his option, is hereby empowered to foreclose this mortgage by suit or other proper proceeding in court, at any time after such default or breach ; and, if any such suit or proceeding be brought, there shall be due to the plaintiff therein, on the commencement thereof, a sum equal to five (5) per cent of the amount then due on said promissory note, aj 941 Mortgage. Form 2707 a counsel fee in said suit, and also the necessary costs and charges for making or continuing any search or abstract of title required to com- mence said suit, all of wliich sums are hereby secured and shall be paid to the mortgagee from the proceeds of any foreclosure sale hereof. Witness the hand of said mortgagor hereunto set the day and year first above written. [Signature.] [Acknowledgment.] NOTE. — A power of sale may be conferred by a mortgage upon ttie mort- gagee or any other person, to be exercised after a breach of the obligation for which the mortgage is a security: See Cal. Civ. Code, sec. 2932, and similar statutes of other states. No. 2707. Mortgage Binding Mortgagor to Pay Taxes and to Insure Property. This mortgage, made this day of , 19 — , by , of , mortgagor, to , of , mortgagee, witnesseth : That said mortgagor does hereby mortgage to said mortgagee all that real property situate in the county of , state of , described as follows: ; As security for the performance and discliarge of all promises and obligations by said mortgagor herein contained, and for the payment by him to said mortgagee of the sum of dollars ($ ), with interest thereon according to the terms of a promissory note of even date here- with in words and figures following, to wit: . Said mortgagor hereby promises to pay to the mortgagee the sum specified in said promissory note according to the terms thereof; and also that he will pay and discliarge, at maturity, all taxes, assessments, and encumbrances now subsisting, or which may hereafter, during the continuance hereof, be laid or imposed upon said property, or any part thereof, or any interest of the mortgagee therein, or upon said promis- sory note, or the indebtedness hereby secured; and that he will keep the buildings now or hereafter to be erected on said premises insured against loss by fire for at least the amount hereby secured, loss, if any, payable to the mortgagee; and if said mortgagor shall fail or neglect to pay said taxes, assessments or encumbrances, or to effect the insur- ance as herein promised by him, then said mortgagee is hereby given the right to pay and discharge said taxes, assessments, or encumbrances, or to effect such insurance, without notice to the mortgagor, and any sums paid by the mortgagee for any of the above purposes shall at once become an indebtedness from the mortgagor to him, and be immediately repayable by said mortgagor, and shall, with interest thereon at the rate specified in said promissory note, be secured hereby. Witness the hand of the mortgagor hereunto set the day and year first above written. [Signature.] [Acknowledgment.] Forms 2708, 2709 Cowdery's Form Book. 942 No. 2708. Mortgage — Deed With Defeasance — Arizona. For the consideration of dollars ($ ), I hereby convey to • , the followinjj tract of real estate, ; to be void upon condition that I pay [etc.]. Dated the day of ^ 19 — , [To be acknowledged.] [Signature.] No. 2709. Mortgage — Grant With Defeasance. This mortgage, made this — day of , 19 — , by , of , mortgagor, to , of , mortgagee, witnesseth: That said mortgagor, for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto said mortgagee, and his heirs and assigns, all that land and real property situate in the county of , state of , described as follows: ; Together with all tenements and appurtenances thereunto belonging. To have and to hold the above described land and premises, by way of mortgage to secure the payment of the sum of dollars ($ ), with interest thereon according to the terms of a promissory note of even date herewith, executed and delivered by said mortgagor to the mortgagee, which sum said mortgagor acknowledges to have borrowed and received from the mortgagee ; and also to secure the payment of all other moneys, and the discharge of all other obligations, by said mort- gagor herein agreed to be paid and discharged. If all money specified in said promissory note, with the interest thereon, according to the terms thereof, shall be fully paid at the time and in the manner therein required, and if all promises and obligations of the mortgagor herein contained shall be fully kept and discharged, then this instrument shall become void, and all estate hereby granted shall cease and determine. But if default be made in the payment of any part of the principal sum expressed in said promissory note, or the interest thereon, accord- ing to the terms thereof, or in the discharge of any obligation herein required by said mortgagor to be dischar'j^cd, then the whole principal sura named in said promissory note, with the interest accrued thereon, shall, at the option of the holder of said promissory note, immediatelj'^ become due and paj'^able; and upon any such default made, the mort- gagee or holder of said promissory note may commence proper judicial proceedings to foreclose this mortgage; and the institution of any such proceeding shall be deemed conclusive evidence of the due exercise of the option to consider the said principal sum and interest thereon due. Said mortgagor promises to pay the principal sum specified in said promissory note, with interest thereon according to the terms thereof; and also to pay and discharge at maturity all taxes, assessments, liens, and encumbrances now subsisting or which may during tlie continuance hereof be laid or imposed upon the mortgaged premises, excejDt taxes on 943 Mortgage. Form 2709 tliis mortgagee or the money or debt hereby secured; also that lie will keep the buildings now or hereafter to be erected on said premises, dur- ing the existence liereof, insured against loss by fire in an amount not less than dollars ($ ), in some company to be approved by the mortgagee, loss, if any, payable to the mortgagee; and, if said mort- gagor shall fail or neglect to i^ay the taxes, assessments, liens and encum- brances, or to effect the insurance as above specified, said mortgagee is hereby empowered to make such payments and to effect such insur- ance, for the account of, and without demand on, or notice to, the mort- gagor, and to pay and expend all money, by said mortgagee, deemed necessary for any sucli purpose; and any money paid by the mortgagee under this provision shall be deemed a debt due from the mortgagor, and, with interest tlierecn from the date of payment, at the rate speci- fied in said promissory note, is hereby secured. If, during the existence of this mortgage, any suit or proceeding be commenced, or is jjending, affecting the mortgaged property, or the title thereto, or the possession thereof, or any claim tliereto be asserted ad- verse to either party hereto, said mortgagee, withoiit notice to the mort- gagor, is hereby empowered to employ counsel, and to appear and contest such su.it or proceeding, or to settle or to compromise such adverse claim, or to take such action as he may be advised, and to pay and to expend any money by him deemed necessary or proper for any such purpose; and any money paid or expense incurred by said mortgagee, under this provision, shall be deemed a debt due from the mortgagor, and be secured hereby, with interest thereon, at the rate specified in said promissory note, from the date of payment. In case of any suit brought to foreclose this mortgage, there shall be due from the mortgagor to the plaintiff in said action, on the commence- ment thereof, and said mortgagor hereby agrees to pay, the sum of dollars ($ ) as counsel fees in said action; and also all sums paid and expenses incurred in making or continuing any search or abstract of the title to said premises required for the purpose of bringing said foreclosure suit. And said counsel fees and costs of search, and also all monej^s paid by said mortgagee under any provision hereof, are hereby secured. Witness the hands of said mortgagor and mortgagee hereunto set the day and year first above written. [Signatures.] [To be acknowledged.] NOTE. — The above grant and defeasance constitute a mortgage. The de- feasance may be in a separate instrument, but the grant is not defeated or affected as against any person other than the grantee or his heirs or devisees, or persons having actual notice, unless the instrument of defeasance, duly executed and acknowledged, shall have been recorded in the ofBce of the county recorder of the county where the property is situated: See Cal. Civ. Code, sec. 2950. If a mortgage is made by deed absolute upon its face, and defeasance, in a separate instrument, executed by the grantee, is not acknowledged by the grantee, but is acknowledged and recorded simply by the grantor, a bona fid* Form 2710 Cowdeby's Form Book. 944 purchaser from the mortgagee for value, -without actual notice of the defeas- ance, or of the fact that the deed was intended as a mortgage, is protected: See Carpenter v. Lewis, 119 Cal. 18, 21, 50 Pac. 925; Payne v. Morey, 144 Cal. 130, 77 Pac. 831. No. 2710. Mortgage by a Corporation. This mortgage, made the day of , 19 — , by the company, a corporation organized and doing business under the laws of the state of , and having its principal place of business at , county of , state of , and hereinafter called the party of the first part, to , of the same place, hereinafter called the party of the second part, witnesseth: That the said party of the first part, for and in consideration of the sum of dollars ($ ), current lawful money of the United States of America, to it in hand paid, the receipt whereof is hereby acknowl- edged, does, by these presents, mortgage to the said party of the second part all that certain land, with the improvements thereon, in the county of , state of , bounded and particularly described as follows, to wit: ; Together with all the tenements, hereditaments and appurtenances thereunto belonging, and the rents, issues and profits thereof. This mortgage is intended to secure the payment of dollars ($ ), which the party of the second part has loaned to the party of the first part, upon its promissory note for said amount, dated , 19 — , and payable after date thereof, in current laAvful money of the United States of America, with interest at the rate of — — per cent a year until paid, the said interest to be paid annually on the day of — ^. This mortgage is also intended to secure, and does hereby secure, the payment of all liens, encumbrances, cliarges, and the counsel fees herein mentioned ; said coui:sel fees to become payable and be allowed if suit be commenced to foreclose this mortgage. In case default be made in the payment of the said principal, or any installment of interest, as provided, then the whole sum of principal and interest shall be due at the option of the said party of the second part, or assigns ; and suit may be immediately brought and a decree be had to sell the said premises, with all and every of the appurtenances, or any part thereof, in the manner prescribed by law, and out of the money arising from siich sale, to retain the said principal and interest, although tlie time for payment of said principal sum may not have expired, to- gether with tlie costs and charges of making such sale, and of suit for foreclosure, including counsel fees at the rate of per cent upon the amount which may be found to be due for principal and interest, by the said decree, and also the amounts, both principal and interest, of all such pajanents of liens or other encumbrances as may have been made bj^ the said party of the second part,, by reason of the permission hereinafter given ; and the overplus, if any there be, shall be paid by the party mak- ing such sale, on demand, to the said party of the first part, or its as- signs. 945 Mortgage. Form 2711 And it is hereby agreed that the said party of the second part, his heirs, executors or assigns, may pay and discharge at maturity all liens or other encumbrances now subsisting or hereafter to be laid or imposed upon said lot of land and premises, excepting for taxes and other assess- ments, levied or assessed ujion this mortgage, or upon the money secured hereby, and which may be in effect a charge thereupon ; and such pay- ments shall be allowed with interest thereon at the rate of per cent per annum ; and such payments, and interest, and the counsel fees, costs, and other expenditures mentioned in this mortgag-e shall be considered as secured by these presents, and shall be a charge and prefen-ed lien upon said premises, and shall be repayable in the same kind of money or. currency in which the same may have been paid, and may be deducted from the proceeds of the sale above authorized. In witness whereof the said party of the first part, by resolution of its board of directors passed on the • day of , 19 — , has caused these presents to be subscribed by its president and secretary, and its corpo- rate name and seal to be hereunto affixed, the day and year first above written. [Signature.] [Corporate Seal] By , President. , Secretary. [Acknowledgment.] No. 2711. Petition for Mortgage of Property of Church or Society. [Title of Court and Cause.] To the Honorable the Court of the County of , State of -. Your petitioner respectfully represents: That it is a religious coii^oration, duly incoiToorated according to the provisions of the laws of this state, under the corporate name of . That it is seised and possessed of certain real estate situated in said county of , bounded and described as follows, namely: [Description of proj^erty.] That , , and are the present trustees of said church ; and that is president, and is secretary of said board of trustees. That there is erected and now standing and being upon said lot a largo and valuable building, used by said cliurch and tlie congregation con- nected therewith for stated meetings for religious worship. That the said coi-poration is now indebted in the sum of about dollars ($ ), which indebtedness has been contracted for tlie improve- ment of said property and the benefit of said chuax-h and congregation. That the immediate necessities of said church and coi-poration require that said trustees should have at their disposal, for the meeting of the necessities of said chui-ch and congi-egation, the sum of dollars ($ ). That they have no money whatever ou hand belonging to said corpo- ration. Form Book — 60 Form 2711 Cowd^ry's Form Book. 91G T'liat the current receipts are about sufficient to meet the cuiTent ex- penses of said church, and the interest on the sum of dollars ($ ), at the rate of — — per cent per month. That you\Y petitioner can procure the said sum of dollars ($ ) for tlie period of one year, with the privilege of continuing the same for two years, at the rate of per cent per month interest, and that your petitioner is unable to obtain the same at any less rate of interest, Off on any more favorable terms than above named. And that it would be for the benefit, interest and advantage of said diurch and congi-egation that said loan should be made, and said note and mortgage executed. Wherefore your petitioner prays that an order may be made by this ooui-t for the moa'tgaging of said real estate to secui*e the payment of such loan, not exceeding dollars ($ ), as it can effect for the period of one year or longer, not exceeding two years, at a rate of interest not exceeding per cent per month; and also allowing it to make and deliver with said mortgage a promissory note, under its cor- porate seal and in its corporate name, for the said sum so obtained as aforesaid, to any person furnishing said sum of money as aforesaid. Dated , 19—. [Verification.] , Petitioner. By . Note. — Arizona, Rev. Stats. 1913, par. 2126; Califoniia, Civ. Code, sec. 598; Colorado, Mills' Ann. Stats. 1912, see. 1137; Idaho, Rev. Codes 1907, see. 3015; Montana, Rev. Codes 1907, sec. 4229; Utah, Comp. Laws 1907, sec. 350x3; Washington, Rem. Code, sec. 3758. The title may be: In the Matter of the Application of the Trustees of the [naming the church or society in full] for Power to Mortgage [etc.]. Religious and other corporations, not organized for pecuniary profit, may mortgage or sell real property held by them, upon obtaining an order for that purpose from the superior court held in the county in which the prop- erty is situated. Before making the order, proof must be made to the satis- faction of the court that notice of the application for leave to mortgage or to sell has been given by keeping conspicuously posted for a period of ten days copies of the order fixing the time and place of hearing: 1. On the property affected; 2. At the place where the court is held; 3. Any other public place in the county where the said court shall direct; and that it is to the interest of the corporation that leave should be granted as prayed for. The application must be made by petition and any member of the corporation may oppose the granting of the order by affidavit or otherwise. 947 Mortgage. Forms 271J, 271-i No. 2713. Order Fixing Time and Place of Hearing Petition to Mortgage Property of Church or Society. [Title of Court and Cause.] Ou reading the petition of , the corporation organized under the provisions of title 12 of part IV of the Civil Code of California, pray- ing leave to mortgage the following described property: [Here insert description.] It is ordered tliat said petition be set for hearing before this couit at the eoui-troom thereof at in the county of , on , the day of , 19 — , at the hour of o'clock, — M., and it is furtlier ordered that notice of said application be given by posting and keeping conspicuously posted for a period of ten days, copies of this order : 1. On the property affected. 2. At the place where this court is held!. 3. At . Dated this day of , 19 — . , Judge of the Superior Court. No. 2714. Order Authorizing Mortgage to be Given by Church or Society. [Title of Court and Cause.] In the above-entitled matter, on reading and filing the petition of , and it satisfactorily appearing to the eoui-t therefrom, and the evidence adduced in support thereof, that it will be to the benefit, interest, and advantage of sucli church and congregation to grant tlie ]>rayer of said petition, and it also satisfactorily appearing to the court, by competent proof, that due notice of this application has been faithfully given by keeping conspicuously posted for a period of ten days copies of the order fixing the time and place of hearings 1. On the property affected. 2. At the place where the court is held. 3. . Now, therefore, on application of said , by their attorney, , it is ordered that the said may make, execute and acknowledge, under and in the coi-porate name and seal of said , a mortgage Form 2715 Cowdery's Form Book. 948 upon the property described in said petition to secure fhe pa}^nent of such sum, not exceeding dollars ($ ), as it can obtain. And it is further ordered that the said corporation do execute and deliver with such mortgage a promissory note for such amount as afore- said, under its coi-porate name. And it is fui'ther ordered that said , on receiving said sum of money as aforesaid, shall appropriate the same, or so much tliereof as may be necessary for that pm-pose, to the payment of the present indebtedness of said corporation and church; and if any balance remain after the payment of such debts, it shall be used, under the direction of its ti-ustees, for the benefit of said chui'ch. Done in open court tliis day of , 19 — . f Judge of the Superior Court. No. 2715. Chattel Mortgage— General Form. This mortgage, made the day of , 19—, by , of , by occupation a , mortgagor, to , of , by occupation a , mortgagee, witnesseth : That said mortgagor does hereby mortgage to the mortgagee all that personal property now at , in the county of , state of , de- scribed as follows: , as security for the payment to said mortgagee of the sum of dollars ($ ), on the day of , 19— with interest thereon at the rate of per cent per , according to the terms of a promissory note of even date herewith, executed and delivered by said mortgagor to the mortgagee; and also as security for the dis- charge and performance of all obligations and promises by said mort- gage herein contained. Said mortgagor promises to pay said sum of dollars ($ ), with interest thereon, at the time and in the manner specified in said promissory note; and also that he will, during the continuance hereof, keep the mortgaged property in good condition and repair ; and that he will not remove, nor permit to be removed, any part of said property from the above premises without the written consent of the mortgagee ; also that he wall, during the continuance hereof, keep the mortgaged property insured against loss by fire in some company which shall be satisfactory to the mortgagee, in an amount not less than dollars ($ ), loss, if any, payable to the mortgagee, as his interest may appear. And said mortgagor hereby declares and warrants to the mortgagee that he is the absolute owner, and in possession, of all said mort'j:aged property, and that the same is free and clear of all liens, encumbrances and adverse claims. It is hereby agreed that, if said mortgagor shall fail to make payment of any part of the principal or interest as provided in said promissor\ 949 Mortgage. Form 2715 note at tlie time and in the manner therein specified, or if any breach be made of any obligation or promise of the mortgagor herein contained or hereby seeiired, then the whole principal sum nnpaid on said pi'omis- Bory note, with interest accrued thereon, shall immediately become due and payable, at the option of the mortgagee ; and he may at once proceed to foreclose this mortgage according to law; or he may, at his option, and he is hereby empoAvered so to do, enter upon the premises where said mortgaged property may be and take possession tb.ercof, and re- move and sell and dispose of the same, and, from the proceeds of sale, retain all costs and charges incurred by him in the taking or sale of said property, including any reasonable attorney's fee incurred; also all Bums due him on said promissory note under any provision hereof; and any surplus of such proceeds remaining shall be paid to tlie mortgagor. If suit be brought to foreclose this mortgage, there shall be due from the mortgagor to the plaintiff therein, immediately, on the commence- ment thereof, an attorney's fee of dollars ($ ) in said action, which sum is hereby secured. Witness my hand this day of , 19 — . [Signature.] [Acknowledgment.] State of , County of , ss. , the mortgagor named in the foregoing mortgage, and , the mortgagee therein named, being duly sworn, each for himself says that the aforesaid mortgage is made in good faith and without any design to hinder, delay or defraud creditors. Subscribed and sworn to [etc.], [Official signature.] NOTE. — The California statute provides that a mortgage of personal prop- erty is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless: 1. It is accompanied by the affidavit "of all the parties" thereto that it is made in good faith and without any design to hinder, delay, or defraud creditors; 2. It is acknowledged or proved, certified, and recorded in like manner as grants of real property: See Cal. Civ. Code, see. 2957. And we understand "all the parties" to mean both the mortgagor and the mortgagee, and not simply a number of mortgagors, if more than one: See Modesto Bank v. Owens, 121 Cal. 223, 53 Pac. 552. There must be an affidavit of the mortgagee, or of some one on his behalf. But the requirement that the affidavit of all parties shall accompany the mortgage when recorded, does not necessarily mean all the members of a corporation or copartnership, where the mortgnge is made to or by such corpo- ration or copartnership: Alferitz v. Scott, 130 Cal. 474, 477, 62 Pac. 735. If one of the parties is a partnership firm, the affidavit may be made on its be- half by one of the members of the firm, described as "of and for the firm": Modesto Bank v. Owens, 121 Cal. 223, 53 Pac. 552. A chattel mortgage should be acknow-l edged, and must be accompanied, either on the same paper, underneath the mortgage, or on a separate paper, by an affidavit of good faith on the part of the mortgagor and the mort- Forms 2716, 2717 Cowdery's Form Book. 950 gagee: See Cal. Civ. Code, sec. 2957. As to what property may be mortgaged. See Cal. Civ. Code, sec. 2955. A mortgagee of personal property, when the debt to secure which the mort- gage was executed becomes due, may foreclose the mortgagor's right ol redemption by sale of the property, made in the manner and upon the notice prescribed by the title "pledge," or by proceedings under the Code of Civil Procedure: Cal. Civ. Code, sec. 2967, The sale by a pledgee of property pledged must be made at public auction, in the manner and upon the notice of sale of personal property under execution: Cal. Civ. Code, sec. 3005. As to demand on, and notice to, the pledgor, by the pledgee of personal property, before sale, see Civ. Code, sees. 3001-3004. In Idaho, a mortgage of personal property is void as to third persons, unless it be accompanied by the affidavit "of the mortgagor" that it was made in good faith, etc.: See Idaho Kev. Codes 1909, sec. 3408. In Montana, it is void as against persons not parties thereto, unless accom- panied by an affidavit of all the parties thereto, or, in case any party is absent from the city or township where such mortgage is executed at the time of the pxecution thereof, an affidavit of those present, and of the agent or attorney in fact of such absent party, that the same is made in good faith, to secure the amount named therein, and without any design to hinder, delay, or defraud creditors, and be acknowledged and filed "as hereinafter provided": See Mont. Rev. Codes 1907, sec. 5758. ,.«,-,.., In Utah, it is void as to third persons, unless accompanied by the affidavit of tlie parties thereto, or, in case any party is absent, by the affidavit .of the par- ties present, and that of the agent or attorney of such absent party that the same is made in good faith to secure the amount named therein, and without anv design to hinder or delay the creditors of the mortgagor: See Utah Comp. Laws 1907, sec. 150. In some of the states, however, no affidavit of good faith is required. No. 2716. Afadavit to Chattel Mortgage on Behalf of Corporation. State of , County of , ss. ^ being duly s\vorn, says that he is the president of the com- pany, the corporation mortgasor in the foregoing mortgage: that said mortgage is made in good faith, and without any design to hinder, delay or defraud any creditor or creditors; and that he makes this affidavit on behalf of said company. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Civ. Code, sec. 2957. No. 2717. Chattel Mortgage— Statutory Form— California. This mortgage, made the day of , in the year 19 — , by , of , by occupation a , mortgagor, to , of , by occupation a , mortgagee, witnesseth: That the mortgagor mortgages to the mortgagee as security for the payment to him of dollars ($ ), on the day of , in the year 19 — , with interest tliereon. [Affidavits and acknowledgment.] [Signature.] 951 Mortgage. Form 271b NOTE.— See CaT. Civ. Code, sec. 2956. Tt_ is a sufficient compliance with a statute requiring the residence of the parties to be stated, and the profession, trade, or occupation of each to be given, that they are of a certain county, naming it, and the occupation as that of "late merchant of ," naniin;;:; the place. The purpose of the statute is identification, and a mortgage stating that the parties had no occupation or professsion would certainly be valid: Ede v. Johnson, 15 Cal. 53, 57. No. 2718. Crop Mortgage. This mortgage, made the day of , 19 — , by , of , by occupation a , mortgagor, to , by occiapation a , mortgagee, witnesseth : That said mortgagor does hereby mortgage to the mortgagee the fol- lowing described personal property: All that crop of , now stand- ing and growing on the laud and premises situate in the county of , state of , and described as follows: , as secui-ity for the pay- ment to the mortgagee of the sum of dollars ($ ), on the ■ day of , 19 — , with interest thereon according to the terms of n promissory note of even date herewith, executed and delivered by the mortgagor to the mortgagee. Said mortgagor promises that he will properly attend to, care for, and protect said crop until the same shall be readj' for liarvesting, and then harvest and prepare the same for market, and, when so prepared, deliver the marketable product to the mortgagee, to be by liim sold and disposed of for the best price obtainable; and the proceeds of sale shall be applied to the payment of the debt hereby secured, with interest according to the terms of said promissory note, together with any sums paid or charges incurred by said mortgagee in making said sale, or under any provision hereof; and any surplus of said proceeds remaining shall be paid to said mortgagor. If default be made by said mortgagor in the performance of any promise by him herein contained, then said mortgagee is hereby em- powered to enter upon the premises above described, and to take posses- sion of said crop, and to take such measures as he ma.y deem necessary or proi^er for the care, protection, harvesting or marketing thereof, and any money expended, or charges incurred, by him in so doing shall be deemed a debt due from the mortgagor and secured hereby; said mort- gagee is hereby also empowered, at any time during the eontinnan-o hereof, to enter upon the above described premises to ascertain if the promises of the mortgagor concerning the mortgaged property are being properly performed, and the mortgagee shall be the sole judge as to whether any default has been made therein. Witness the hand of said mortgagor hereunto set the day and year first above written. [Signature.] [Affidavits and acknowledgment.] NOTE.— See Cal. Civ. Code, sec. 2972. Forms 2719, 2720 Cowdery's Form Book. 952 No. 2719. Chattel Mortgage to Secure Performance of Lease. This mortgage, made the day of , 19 — , by , of , by occupation a , mortgagor, to , of , by occupation a , mortgagee, witnesseth : That said mortgagor does hereby mortgage to the mortgagee all that personal j^roperty now at , in the county of , state of , de- scribed as follows: as security for the payment of the rent and the full and faithful performance of all promises by said mortgagor contained in a lease of tlie above premises, dated the day of , 19—, made by , as lessor, to , as lessee, for the term of years, from the day of , 19 — . It is hereby agreed if said mortgagor shall fail to make any payment of rent, or to fully and faithfully perform any agi-eement in said lease, or lierein, on liis part to be paid or performed, then the mortgagee may claim a forfeiture under this mortgage, and he is hereby empowered, at his option, to take possession of all said mortgaged property, and to sell the same in the manner provided by law, and, from the proceeds of such sale, to reimburse himself for any and all loss or damage which he may have sustained by reason of such default of the mortgagor: or, if there is any controversy as to the amount of such loss or damage, he may retain the whole of such proceeds, or such part thereof as he may deem proper, until the amount of such loss or damage can be judiciallj^ determined. Said mortgagor promises that he will not remove, nor permit to bt removed, any part of said mortgaged property from the above pvemisei during the continuance hereof; and that he will during said time keep said mortgaged property insured against loss by fire, in a sum^ not less tiian dollars ($ ), in some company which shall be satisfactory to the mortgagee, loss, if any, payable to said mortgagee, as his interest may appear. Said mortgagor hereby declares and warrants to the mortgagee thcf he is the absolute owner, and in possession, of all of said mortgaged property, and that the same is free and clear of all liens, encumbrances and adverse claims. It is agreed that this mortgage shall be and remain in full force axd effect during the full term of the lease above named, and that all pro- visions hereof shall bind, and inure to the benefit of the heirs, execu- tors, administrators, and assigns of the parties hereto. Witness the hand of said mortgagor hereunto set the day and year first above written. [Signature.] [Affidavits and acknowledgment.] No. 2720. Mortgage for Less Than One Hundred Dollars— Washington. This mortgage, made this day of , in the year 19—, by , of , mortgagor, to , of , mortgagee, witnesseth: 953 Mortgage. Forms 2721, 2722 That the mortgagor mortgages to the mortgagee , as security for the payment to him of dollars ($ ), on the day of , in the year 19 — , with interest thereon. [Signature.] Signed and delivered in the presence of and . NOTE.— See Wash. Kern. Code, sec. 3664. No. 2721. Chattel Mortgage — North Dakota, Oklahoma and South Dakota. This mortgage, made the day of , in the year 19 — , by , of , by occupation a , mortgagor, to , of , by occupa- tion a , mortgagee, witnesseth: That the mortgagor mortgages to the mortgagee as security for the payment to him of dollars ($ ) on the day of , in the year 19 — , with interest thereon. [Signature.] NOTE.— North Dakota, Comp. Laws 1913, sec. 6756; Oklahoma, Harris & Day's Code 1910, sec. 4025; South Dakota, Comp. Laws 1913, sec. 4372. No. 2722. Complaint in an Action to have a Deed Absolute Declared a Mortgage. [Caption.] 1. [Avers the death of the original plaintiff, and the substituting of the administrator.] 2. That heretofore, to wit, on the seventh day of April, 1888, Alex- ander S. More, deceased, was the owner in fee simple and in the posses- sion of several tracts of land lying and being in the county of Ventura, and state of California, and particularly described in an instrument exe- cuted between the original plaintiff in this action and the defendant, on the day and year aforesaid, and acknowledged by the said Alexander S. More, deceased, on the day and year aforesaid, and by the said defend- ant on the ninth day of April, 1888, and recorded in the recorder's office of Ventura county, state of California, on the day and year last afore- said, at ten minutes past eleven o'clock A. M. of said day, a copy of which said instrument, in writing, marked Exhibit "A," is here an- nexed, and made a part of this complaint. 3. That said instrument, made as aforesaid, acknowledged and re- corded as aforesaid, was upon its face a deed, by which the said Alex- ander S. More conveyed the title to the said several tracts of land to the defendant, upon certain conditions and trusts therein set forth, but that the same was then and is now, in law and equity, a mortgage to secure the payment from the said Alexander S. More to the defendant of the sum of fifteen thousand dollars, by the defendant on the said seventh day of April, A. D. 1888, loaned to the said Alexander S. More, with interest thereon at the rate of ten per cent per annum from date Form 2722 Cowdbry's Form Book. 954 of deed, and for the repayment to tlie defendant of the sum of about forty-three thousand dollars principal and interest, the amount of a mortgage held by Isadore Dreyfus, and due November 5, 1888, which said mortgage the said defendant in the said instrument in vv'riting agreed to assume and pay, and to secure the said defendant the repay- ment of all taxes which should at any time be paid by him on the said several tracts of land so conveyed by the said Alexander S. More to the defendant, said taxes and the amount paid on said mortgage to bear interest at the rate of ten per cent per annum, and for the payment by the said Alexander S. More to the defendant of all costs and expenses incurred by the defendant in and about the management and sale of the said several tracts of land aforesaid, and for no other purposes what- ever; that on the fifth day of November, A. D. 1888, the defendant did pay to the said Isadore Dreyfus about the sum of forty-three thousand dollars, principal and interest, on the said mortgage, held and owned by Dreyfus as aforesaid, and from the said fifth day of November, A. D. 1888, the said defendant became and was entitled to have and receive of and from the said Alexander S. More the sum of forty-tliree thousand dollars, with interest thereon at the rate of ten per cent per annum until paid. Plaintiff alleges, upon his information and belief, that the whole amount of indebtedness of the said Alexander S. More to defendant, exclusive of taxes paid by defendant for the said Alexander S. More, and the expenses of the management of the several tracts of land afore- said, is fifty-eight thousand dollars, with interest thereon at the rate of ten per cent per annum, on fifteen thousand dollars from the seventh day of April, A. D. 1888, and on forty-three thousand dollars from the fifth day of November, A. D. 1888, and that for said sum of fifty-eight thou- sand dollars and interest, and taxes paid and interest the amount of which is unknown to the plaintiff, and the expenses incurred in the management of the several tracts of land, the amounts of which are also to the ijlaintiif unknown, the defendant has a lien upon. But the plain* tiff denies that the defendant has a lien upon or title to the several tracts of land aforesaid. 4. Tlie plaintiff further states that by the terms of said instrument in writing, between the said Alexander S. More, deceased, and the defend- ant, of date April 7, 1888, it was provided that the said Alexander S. More, should pay to the defendant the additional sum of ten thousand dollars, Avhich the party of the first part hereby agi-eed to pay to tlie party of the second part, without interest; and the plaintiff alleges, on his information and belief, that there was not, prior to the execution of said instrument, at the time, or since then, the slightest consideration for that part of the agreement; that he has never received from the de- fendant or any other person a single farthing as a consideration of that portion of the agreement, and the only consideration for that specific portion of said agreement was as follows : The said Isadore Dreyfus had an option in writing dated the fifth day of November, A. D. 1887, to pur- 955 Mortgage. Form 2/22 chase the said several tracts of land within one year from the date of said option, for the sum of one hundred and three thousand dollars, and the defendant was to have and receive from the said Alexander S. More, the said sum of ten thousand dollars in case the said Isadore Dreyfus should not elect to buy said several tracts of land, and he the defendant should find a purchaser or purchasers for the same, at the same price that Isadore Dreyfus held the option for, namely, one hundred and tliroe thousand dollars. And the plaintiff alleges that the said Isadore Drey- fus did not elect to purchase the said several tracts of land at and for the price aforesaid, and that the defendant has not sold the said several tracts of land, or any portion of them, and is not in law or equity en- titled to receive the said sum of ten thousand dollars, or any part thereof. 5. The plaintiff further states, upon his information and belief, that appurtenant to said tracts of land are certain valuable water rights, viz., the Sespe Creek, Fish Slough, and the Hojo or Dudley Canon ; and that the several tracts of land and water rights appurtenant to, as aforesaid, are very valuable, being of far gi'eater value than the amounts due tlie defendant, and that the defendant can suffer no loss or injury if the sale of the said several tracts of land is delayed, while the estate of said Alexander S. More would suffer irreparable injury if the same hereto- fore advertised should take place, as the said estate would be without remedy at law if the defendant were permitted to sell the same. And the plaintiff further alleges that the defendant has been in pos- session of the said several tracts of land and the water rights since the execution of said instrument ; has rented the same to several par- ties, who have paid said defendant rent for the same, or are now in- debted to him for rent of said several tracts of land, and the water rights aforesaid, and that the said defendant has rendered no account of said rents to the estate of the said Alexander S. More, or given plaintiff any information concerning the same, and that plaintiff is in ignorance of the amount of said rents and profits. 6. Plaintiff further alleges that, disregarding the plaintiff's rights in the premises, the defendant has advertised the said several tracts of land and the water rights appurtenant thereto to be sold at Santa Paula, in the said county of Ventura, state aforesaid, at public auction for cash, on the 10th day of April, and that said amount of ten thousand dollars, so wrongfully and illegally inserted in said instrument in writ- ing as being a debt of the plaintiff due to the defendant, is demanded and the defendant is about to sell the said several tracts of land and the water rights appurtenant thereto to satisfy th.at said sum of money last aforesaid, as well as the others named in said instrument. 7. And for a further cause of action the said plaintiff alleges that at and prior to the date of the execution and delivery of the instrument of writing theretofore referred to, a copy of which is hereto annexed and marked Exhibit "A," as this plaintiff is informed and believes, the said Alexander S. More was incapable of executing said alleged i:istrument; that the said Alexander S. More attained his legal majority Form 2722 Cowdery's Form Book. 956 in the month of June, 1887; that j^i'ior thereto, and thereafter, the said Alexander S. More, was of infirm health, and was physically and men- tally diseased, so that when he became of age lawfully to contract debts and make agreements, he was incapable of making lawful contracts by reason thereof that the agreement and mortgage made to Isadore Dreyfus on the fifth day of November, 1887, was unlawful and void ; that therein the said Alexander S. More was incapable of giving his consent thereto, by reason of said physical incapacity; that this plain- tiff is informed, and believes, and on that information and belief alleges, that said Alexander S. More, by reason of his phj^sical and mental con- dition, and not having proper control of himself and capacity to act in a reasonable and proper manner, contracted habits of inebriety that further and seriously affected his mental condition, so that he became and was still further incapacitated to make any lawful agi'eement or execute any conveyance; that while in this condition the said Alexander S. More executed and delivered to the said J. W. Calkins the said instrument of writing whereby the whole administration of his estate and affairs was transferred from himself to said Calkins; that therein the said Calkins induced said More to sanction and authorize the pay- ment of the sums of money, for which there was no consideration, to wit, not only all the expenses of the management of said estate by said Calkins, without the supervision or control of the said More, or of an authorized guardian, but also the payment of ten thousand dollars hereinbefore referred to, which was withoiit consideration and void, and by reason of the physical condition induced by disease, and con- firmed and rapidly accjuired habits of inebriety, the said Alexander S. More was, at the date of the execution of said instrument of writing, non compos mentis, and the said instrument of writing was void. And this plaintiff further alleges that since the beginning of this action tlie said Alexander S. More has departed this life, and that this plaintiff is the administrator of his estate, as heretofore set forth; that the said property so described in said instrument of writing is a part of the estate of the said Alexander S. More, deceased, and that the plaintiif liercin, as such administrator, is entitled to the possession and administration of said estate ; that the debts named in and payment icquired to be made by the said instrument of writing were incurred during the incapacity of said Alexander S. More, and that great and irreparable damage Avill be done to the estate of the said More if the said Calkins be allowed to proceed to sell said property under the pro- visions of said void instrument of writing. Wherefore the plaintiff demands judgment: 1. That said defendant render an account of the rents and profits of the said several tracts of land and the water rights appurtenant thereto received by the said defendant since the seventh day of April, 1888. 2. That the said sum of ten thousand dollars, described in said instrument as a noninterest bearing debt, due from the plaintiff to the defendant, be adjudged and decreed to be without consideration and void, and that the said defend- 957 Mortgage. Form 2723 ant, his agents and attorneys, be forever enjoined and restrained from collecting the same, or any part thereof. 3. That the said instrument in writing executed between the said A. S. More and defendant on tlie seventh day of April, 1888, be adjudged and decreed to be void and of no effect or virtue, in law or equity, and the said defendant be for- ever restrained and enjoined from selling or disposing of said tracts of land and water rights appurtenant thereto, or either or any of them, by virtue of the authority of said instrument executed as aforesaid between the said Alexander S. More and the defendant, and such other and further relief as the court may deem just and equitable in the premises, and for costs. Jolin T. Doyle, Plaintiff's Attorney. NOTE.— Precedent in Moore v. Calkins, 85 Cal. 178, 24 Pae. 729. No. 2723. Complaint to Cancel Deed and Correct Mortgage. [Title of Court and Cause.] Plaintiffs, by amended complaint, complain of defendants, and allege that the said Hyrum Rasmussen, on the eleventh day of March, 1880, was the owner and in possession of the following described property, to wit: Part of lot 3 in block 43, as platted in plat B, Salt Lake City surve}^. Salt Lake county, Utah Territory, commencing two and a half rods west from the southeast corner of said lot, thence north two hun- dred and twenty feet, thence west thirty-six and a quarter feet, thence south two hundred and twenty feet, and thence east thirty-six and a quarter feet to the place of beginning. Also the right of way perpetu- ally over that strip of land lying contiguous to the above-described part and parcel of lot 3 in block 43, and on the west side thereof, the said road over said strip being eight feet in width along tlie entire western side line or boundary of the aforesaid lot herein conveyed; and on the said last date made a contract of sale with the defendant James Mc- Knight to sell the same to him for the sum of four hundred and seventy dollars, and to receive one hundred dollars in cash down payment, and the balance to be secured by a mortgage on the premises. That the said James McKnight, pretending to be a lawyer himself, drafted the papers, and when completed read them to the plaintiff Rasmussen, as in pursuance of the complaint, to wit: A deed to McKnight and a mort- gage back to Rasmussen for three hundred and seventy dollars, the purchase price, and said plaintiffs executed the deed in that behalf. That since that time the plaintiff Rasmussen has discovered that the said deed, as it appears upon the record, runs in the name of tlie wife of the said James McKnight, as grantee, to wit, the said Mary Ann McKnight. That the said plaintiff Rasmussen does not know whether the said McKnight obtained tlie said deed in his wife's name by mis- reading the same to plaintiff Rasmussen, or by obliterating his name and putting in hers; and does allege that by whatever means it was Form 272^ Cowdeby's Form Book. 958 done, it was done fraudulently and for the purpose of robbing and wronging the plaintiff Rasmussen. That the said plaintiff Rasmussen has deeded and conveyed one-half of the cause of action herein set forth to said plaintiff Arthur Brown, to wit, on or about the fourteenth day of July, 1882. That on the twelfth day of March, 1881, plaintiff Ras- mussen commenced foreclosure proceedings by suit in this court ag'ainst the said James McKnight alone, the said Rasmussen at that time not knowing of the change in the grantee in his deed, and not having dis- covered the said frauds of said defendants, and on the twenty-niiith day of March, 1881, a decree of said court was duly made and entered, directing the sale of the above-described property, and the same was duly sold to the plaintiff Rasmussen on the twenty-third day of April, 1881, by the United States marshal for the territory of Utah, for the sum of four hundred and thirteen dollars and fifty cents; that the said property has never been redeemed or the said decree paid. The said United States marshal executed a deed conveying all of the interests of said James McKnight to Rasmussen, in pursuance of the statute in such case made and provided, six months after the sale, April 25, 1881. That the said Mary Ann McKnight received the said conveyance without any consideration moving from her; that she is a party to and cognizant of the said frauds herein alleged; that the reception of the said deed bj' her in her name was a fraud upon said plaintiff Rasmussen. Plaintiffs pray judgment that the said deed to Mary Ann McKniglit may be decreed to be a fraud upon the rights of the said plaintiff Ras- mussen, and that the said mortgage from the said James McKnisrht be so corrected as to include all the interests conveyed in said deed to Mary Ann McKnight or any other person, and that said plaintiffs may be decreed to be the owners of said property, and for such other relief as may be proper in the premises, and for costs of suit. Arthur Brown, R. B. Tripp, Attorneys for Plaintiff. [Verification.] NOTE.— Precedent in Easmussen v. McKnight, 3 Utah, 315, 320, 3 Pac. 83, 4 Pac. 526. No. 2724. Answer Denying Execution of Mortgage by Codefendant. [Title of Court and Cause.] The defendant [purchaser] answers to the complaint: That he has no information or belief sufficient to enable him to answer the allegations in plaintiff's complaint as to whether the defendant [mortgagor] ever executed the bond and mortgage described in the complaint, or whether the defendant [mortgagee] ever assigned said Biipposed bond and mortgage to the plaintiff, or whether he is now the lawful owner or holder thereof; and therefore this defendant denies that said defendant [mortgagor] at any time executed said alleged bond 959 Mortgage. Forms 2725-2728 or mortgage, and denies that said defendant [mortgagee] at any time assii^ned said alleged bond or mortgage to the plaintiff, and denies that plaintiff is now the owner or holder of said alleged bond or mortgage. Wherefore [etc.]. [Signature.] No. 2725. Mortgage of Real Property— Colorado. Know all men by these presents: That I, of the county of , and state of , hereby mortgage to of the county of and state of Colorado, to secure the payment of dollars, due as follows : • the following described real property situate in county, state of Colorado, to wit: , with the appurtenances, and warrant the title to the same. Signed and delivered this day of , 19 — . No. 2726. Mortgage (Statutory)— Montana- This mortgage made the day of , in the year , by , of , mortgagor, to of , mortgagee, Witnesseth: That the mortgagor mortgages to the mortgagee [here describe the property], as security for the payment to him of dollars on [or, before] the day of , in the year , with interest thereon [or, as security for the payment of an obligation, de- scribing it, etc.]. NOTE.— Montana, Eev. Codes 1907, sec. 5748. No. 2727. Mortgage (Statutory)— North Dakota. This mortgage, made the day of , in the year , by A. B., of , mortgagor, to C. D., of , mortgagee, Witnesseth: That the mortgagor mortgages to the mortgagee [here describe the property] as security for the payment to him of dol- lars on or before the day of , in tlie year , with interest thereon [or, as security for the payment of an obligation, describing it]. A. B. NOTE.— North Dakota, Comp. Laws 1913, sec. 6750. No. 2728. Mortgage (Statutory)— South Dakota. This mortgage, made this day of , in the year , by , of county, and state of , mortgagor, to , of P. O., county of , and state of , mortgagee : Witnesseth, that said mortgagor hereby mortgages to said mortgag'-.e the following described premises situated in the county of , and state of South Dakota, to wit, , as security for the payment to said mortgagee at , of the principal sum of dollars, and Form 2728 Cowdery's Form Book. 960 interest thereon at per cent per annum from date, according to certain promissory note— bearing even date herewith, due , 19 — . Said mortgagor — further agree — to pay all taxes and assessments that may be levied upon said premises before the same shall become delin- quent (and to keep the buildings, if any, upon said premises safely insured for the benefit of said mortgagee in the sum of dollars against loss by fire, and deliver the insurance policies to said mort- In ease of the mortgagor's failure to pay said taxes or assessments before the same become delinquent, or to pay insurance premiums for insurance on said buildings, said mortgagee or assignee may do so, and the amounts so paid, with interest at per cent from date- of pay- ment, shall be added to and deemed a part of the money secured by this mortgage. Said mortgagor hereby relinquishes rights of homestead in said premises, and warrants that he is the owner— in fee of said premises, and that the same are free from all encumbrances. In case of default in the payment of said principal sum of money or any part thereof or interest thereon at the time or times above speci- fied for payment thereof, or in case of nonpayment of any taxes, assess- ments or insurance as aforesaid, or of breach of any covenant or agree- ment herein contained, then and in cither case the whole, principal and interest, of said note—, shall at the option of the holder thereof imme- diately become due and payable, and this mortgage may be foreclosed by action, or by advertisement as provided by chapter 28 of the Code of Civil Procedure of the Revised Codes of 1903, state of South Dakota, and this paragraph shall be deemed as authorizing and constituting a power of sale as provided in said chapter and any acts amendatory thereof. [Acknowledgment.] NOTE.— S. D. Laws 1911, c. 257, sec. 3. MOTION. See New Trial. Motion— Notice of, No. 2780. Motion for Change of Place of Trial, No. 862. Motion to Substitute Parties — Notice of, No. 2783. MUTUAL RELEASE. Mutual Eelease, No. 3252. [Signature.] DGl Negligence. Form 2740 NEGLIGENCE. 2740. Complaint for damages for injuries received on an elevator. 2741. Complain'; against municipal corporation for damages arising through negligent control of water supply. 2742. Complaint for negligence leaving pile of earth in highway. 2743. Complaint against water company for negligence in permitting water to escape. 2744. Complaint against telegraph company for negligence in transmitting message. No. 2740. Complaint for Damages for Injuries Received on an Elevator. [Title of Court and Cause.] The above-named plaintiff complaining of the defendants alleges: That defendants are, and at all times hereinafter mentioned were, copartners in business, trade and commerce at the city and county of San Francisco, under the firm name and style of Whittier, Fuller &Co. That the said defendants as copartners did at the times hereinafter mentioned conduct and carry on business in a building at the southwest corner of Pine and Front streets, in said city and county, comprising three stories, or floors, and a basement, and the defendants at said times had owned and maintained an elevator or hoist, operated by machinery, situated in the basement of said building, and wholly under the control and management of the said defendants and in their exclusive use, which said hoist or elevator was used and intended to be used by de- fendants for the purpose of transporting and carrying their customers, and those in said building, for tlie purpose of trading with them, or such persons as they might request to be so transported, and their mer- chandise, to and from the different floors or stories of said building. That heretofore, to wit, on the twenty-third day of December, 1878, the plaintiff, being lawfully in the said store or building of the defend- ants, was requested by the said defendants to get upon the said hoist, or elevator, for the purpose of being carried from the upper or third floor of said building;;, to the lower or street floor thereof; and then and there the said plaintiff, in pursuance of such request, got into the said elevator, or hoist, for tlie purpose aforesaid, and immediately there- upon, wlien the said defendants undertook to transport or lower the said plaintiff from the said upper or third floor to the lower or street floor of their said store, the said hoist or elevator, by reason of the broken, insecure and insufficient machinery by which the same was run and by reason of the negligent and careless conduct of the defendants in the care of the said machinery, and in the running and operating of the same, and in the running and operating of the said hoist or elevator, without any fault or negligence on plaintiff's part whatsoever, was pre- cipitated from said upper or third floor into the basement of said build- ing with great and excessive rapidity and violence, and the plaintiff Form Book — 61 Form 2741 Cowdery's Form Book. 962 was thereby greatly bruised, broken, damaged, and injured in his body and limbs, "and became and was thereby made sick, sore, lame and dis- ordered, and so remained for a long space of time, to wit, from thence hitherto, and said plaintiff sustained a fracture of his left leg in the ankle joint, and was otherwise seriously injured, so that he was confined to his bed for a long period of time, to wit, three months, and was there- after for a period of four months unable to walk, save with crutches, and his said left leg, by reason of said fracture, is and always will be shorter than his other or right leg, and the plaintiff has sustained other and internal injuries from which he can never recover, and the same will and do permanently affect and impair the healtl;, strength and activity of plaintiff, and said plaintiff, for a long period of time, to wit, ever since said accident, has suffered great pain of body and anguish of mind. That plaintiff, at the time aforesaid, had no notice or knowledge that the machinery whereby the said elevator or hoist was run or operated, was out of order, or broken or insecui-e, and defendants had full notice and knowledge thereof. Wherefore plaintiff demands judgment for ten thousand dollars and for his costs and disbursements in this action. Lloyd & Wood, Attorneys for Plaintiff. iq-QTE.— Precedent in Treadwell t. Whittier, 80 Cal. 574, 576, 13 Am. St. Eep. 175, 5 L. K. A. 498, 22 Pac. 266. No. 2741. Complaint Against Municipal Corporation for Damages Aris- ing Through Negligent Control of Water Supply. [Title of Court and Cause.] The plaintiff complaining of the defendant, for cause of action alleges : That defendant is a municipal corporation, organized by and under an act of the legislature of Utah; that under and by virtue of the power granted by defendant's charter, the defendant has taken the entire con- trol and possession of all the flowing waters and the watercourses within its territorial limits; that on the first day of July, 1880, the defendant had exercised such control and possession, that by virtue of its ordi- nances it excluded all persons from any control over or interference witli the abundant waters which were flowing in the city, under penal- ties to be sued for and collected for the benefit of said city, and from all use of said waters except such as should be distributed by said defendant's agents and servants, to persons paying therefor; that on said first day of July, 1880, the defendants turned the waters aforesaid then in its control and possession, and flov.ing in the vicinity of the plaintiff's lot or premises, into and upon the land adjacent to the plain- tiff's premises, upon which the plaintiff's cellar, in which was stored a stock of tobacco owned by the plaintiff, and wrongfully permitted and caiised the said waters to run in great volume into and upon the said 963 Negligence. Form 2742 adjacent land for a long time, and there to accumulate in a large body without the knowledge or consent of the plaintiff, and there to soak into the ground and discliarge itself in said cellar, and thereby filled said cellar with water, and ruined said stock of tobacco, without any fault or negligence of the plaintiff, to the damage of the plaintiff in the sum of five thousand dollars. Wlierefore plaintiff demands judgment against the defendant for the sum of $ , and costs of suit. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Levy v. Salt Lake City, 3 Utah, 64, 1 Pac. 160. No. 2742. Complaint for Negligence Leaving Pile of Earth in Highway. [Title of Court and Cause.] The plaintiff complains of the defendant, and alleges: That during all of the times liereinafter mentioned the defendant was, and still is, a corporation organized under the laws of the state of Montana. That the defendant, on the twenty-first day of June, 1894, by its agents and servants, wrongfully, carelessly and negligently exca- vated a deep and dangerous excavation and trench in and across the public street, road and highway known as "Twenty-seventh Street North," between First Avenue North and Second Avenue North, in tlie city of Billings, Yellowstone county, state of Montana, and said defend- ant, by its agents and servants, wrongfully, negligently and careless-ly, thus obstructing said highway, negligently left a large pile of earth in said road, street and highvray, and negligently suffered said pile of earth dug from said excavation and trench to remain therein and thereon, obstructing said higliway during the night-time of said day; and to remain therein and tliereon openly exposed, and without any protection, fence, light, signal or anything else to indicate danger, or give notice to travelers or passers along said highway against accidents. That by reason of said negligence, carelessness and improper conduct of the defendant by its said agents and servants, in the night-time of said day, while the plaintiff was lawfully traveling on said highway and street, the two-wheeled cart of tlie plaintiff therein being tlien and there driven by plaintiff with one horse drawing the same, then passing through said street and along and over said road, street and liigliway, the plaintiff being then and there wholly unaware of danger, was, with- out fault or negligence on plaintiff's part, accidentally driven against the said pile of earth, and was thereby overturned, whereof the plaintiff received great bodily injury. That one of his ankles was dislocated and badly sprained, and he is, as he is informed and believes, permanently injured. Plaintiff was made sick, sore and lame, was put to great pain, and was and is still prevented from going on with his occupation and business of farming; to his damage in the sum of five thousand dollars. Form 2743 Cowdery's Foem Book. 964 Wherefore plaintiff demands judgment against the defendant for the sum of five thousand dollars and costs of this action. J Attorney for Plaintiff. [Verification.] NOTE. — Precedent in Sanderson v. Billings Water Power Co., 19 Mont. S36, 47 Pac. 998. llo. 2743. Complaint Against Water Company for Negligence in Per- mitting Water to Escape. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the fourteenth day of Febniary, 1917, the plaintiff was in the possession and occupancy of that certain building situate on L Street, in the city and county of San Francisco, known as No. 15, and was engaged in carrying on therein a general merchandise business, and owned and had stored therein large quantities of goods, to wit: groceries of the value of $10,000. 2. That the defendant is, and at all times herein mentioned was, a corporation duly incorporated and existing under the laws of the state of California, and that the business of said corporation has been, and is, to supply the inhabitants of said city and county with fresh water, which water was and is supplied through iron pipes heretofore laid by the defendant through the principal streets of said city and county, and that said pipes were and are owned and controlled by the defendant. 3. That at all times herein mentioned a water pipe or main was laid on L Street, through which water was then flowing in great quantity, and with great velocity, and under great pressure, and that said pipe was then owned and controlled by the defendant, and was used by it in conducting and distributing water to the inhabitants of said city and count5^ 4. That on the said last-mentioned day defendant, by its agents and servants, was engajred in repairing said water pipe or main, situate as aforesaid, on L Street, while the water was flowing through said main, but in so doing did not use proper or any care therein, as it could and should have done, by shutting off the flow of water through said main during the process of making said repairs; but, on the contrary, said defendant, and its agents and servants, were guilty of gross negligence and carelessness in endeavoring to make said repairs while the water continued to flow through said principal main, and thereby a groat quantity of water was permitted to escape, and did escape, from said main with great force and velocity, and under great pressure, and that by reason thereof said water ascended to a great height, to wit; to the height of forty feet and upward, and fell upon the roof of the building occupied by the plaintiff, and descended into the floors below, and flowed over, upon and around goods which this plaintiff then owned and had tliere stored, and completely destroyed and rendered valueless large 965 Negligence. Form 2744 quantities of tTic same, which were then of great value; to wit, of the value of $1,000, to the great injury and damage of this plaintiff, in the sum of $1,000. No. 2744. Complaint Against Telegraph Company for Negligence in Transmitting Message. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That the defendant is a corporation organized and doincr business under the laws of this state, and is, and at all times liereinafter men- tioned, was engaged in the business of telegraphing for hire. 2. That on the eighteenth day of January, 1917, the plaintiff presented to the defendant, at its office in M., the following message, to wit: "J. D., San Francisco. Buy one hundred tons of wheat. J. R. [tlie plaintiff]." Which message defendant received and promised to forward, by tele- graph, to said J. D., in San Francisco. That in consideration thereof the plaintiff paid the defendant $20. 3. That on account of the negligence of the defendant said message was not transmitted as written by plaintiff, but was sent and delivered to said J. D. so as to read as follows: *'J. D., San Francisco. Buy five hundred tons of wheat. J. R. " 4. That said J. D., in pursuance of said message so delivered to him, bought five hundred tons of wheat for the account of the plaintiff; that immediately on learning the error in said telegram, plaintiff notified the defendant of the same, and that through said error four hundred tons of wheat had been bought more than was directed to be bought by the original message written by the plaintiff, and plaintiff asked instructions from defendant relative to the disposition of said four hundred tons. The defendant refused to take any notice thereof, or give any instruc- tions concerning said wheat, and the plaintiff thereupon sold the same at San Francisco, on the thirtieth day of January'-, 1917, at the highest market rate. 5. That the price paid by said plaintiff for said wheat was $5,000, and plaintiff was compelled to pay the further sum of $100. commissions on said purchase; that plaintiff sold said wheat for $4,000, and was compelled to pay $75 commissions on said sale. Forma 2760, 2761 Cowdery's Form Book. 966 NEW TRIAL. 2760. Notice of intention to move for new trial. 2761. Affidavit in support of motion for new trial on ground of abuse of discretion by court. No. 2760. Notice of Intention to Move for New Trial. [Title of Court and Cause.] Please take notice, that the defendant intends to move the court for a new trial in this case, upon the following grounds, viz. : First. That the evidence is insufficient to justify the decision. Second. That said decision is against law. Third. Errors in law, occurring at the trial, and excepted to by the defendant. The said motion will be made upon the minutes of the court. [Signature.] Dated . NOTE. — In California, the party intending to move for a new trial mnst, within ten days after the verdict of the jury, if the action were tried by a jury, or after notice of the decision of the court or referee, if the action were tried without a jury, file with the clerk, and serve upon the adverse party, a notice of his intention, designating the grounds upon which the motion will be made, and whether the same will be made upon affidavits or the minutes of the court: California, Code Civ. Proc, see. G59. See, also, Alaska, Comp. Laws 1913, sees. 996-1004; Arizona, Eev. Stats. (Civ Code 1913), sec. 585; Colorado, Mill's Ann. Code, sec. 217 et seq.; Hawaii, Eev. Code 1915, sec. 2442; Idaho, Eev. Codes 1907, sec. 4441; Kan sas. Gen. Stats. 1915, sec. 7205 et seq.; Montana, Eev. Codes 1907, sec. 6796: Nebraska, Eev. Code 1913, sec. 7884 et seq.; Nevada, Eev. Laws 1912, sec 5319 et seq.; North Dakota, Comp. Laws 1913, sec. 7659 et seq.; Oklahoma Harris & Day's Code 1910, sec. 5033 et seq.; Oregon, Lord's Oregon Laws, sec. 173 et seq.; South Dakota, Comp. Laws 1913, see. 5087 et seq.; Utah Comp. Laws 1907, sec. 3291 et seq.; Washington, Eem. Code, sec. 402; Wyo ming, Comp. Stats. 1910, sec. 4601 et seq. No. 2761. Affidavit in Support of Motion for New Trial on Ground of Abuse of Discretion by Court. [Title of Court and Cause.] Charles F. Lott, being duly sworn, says that he is one of the counsel for defendant in this cause; that in the argument of said cause to the jury, he was limited to one hour and a half; that at the expiration of said time he wished to proceed with the argument further to the jury, and that the court would not allow him to do so unless the further time should be taken from the allotted time of his colleague, which affiant refused to do. That it was utterly impossible to present a full and fair argument of the cause of defendant to the jury in that time, there being four- teen witnesses examined, and the testimony being voluminous and all circumstantial, and that he believes tlie case of defendant was proju- 967 NONMINERAL AFFIDAVIT — NOTICES. diced by said rule of the court, made after the evidence was closed to the jury. Chas. L. Lett. Subscribed and sworn to before me this 31st of December, 1858. M. H. Darrach, Clerk District Court, Butte County, California. NOTE.— Precedent in People v. Keenan, 13 Cal. 582. This affidavit was held to state a sufficient ground for a new trial. NONMINERAL AFFIDAVIT. Nonmineral Affidavit (to be Used in Case of a Mill Site), No. 2638. NONSUIT. Nonsuit, Judgmept of, upon Opening Statement of Counsel, No. 2244. NOTARY. Notary's Bond, No. 773. NOTES. See Bills; Pledge. Installment Note Secured by Mortgage, No. 3135. NOTICES. 2780. Notice of motion. 2781. Notice of plaintiflf's death. 27S2. Notice of sustaining demurrer. 2783. Notice of motion to subslitate defendant. 2784. Notice of hearing — jrstiee's court. 2785. Notice that case is set for trial — Justice's court. 2786. Notice of setting transferred case for trial — Justice's court. 2787. Eeturn of service of notice of setting case for trial or hearing of demurrer — Justice's court. 2788. Notice of intended sale under mortgage of deed of trust. 2789. Refiuest by heir, devisee or legatee for special notice. 2790. Special notice of probate proceedings. 2791. Proof of service of special notice of probate proceedings. CROSS-RErESENCES. Notice. See Notice to Creditors. Notice by Assignee of Assignment of Debt, No. 505. Notice by Clerk of Filing Transcript on Appeal, No. 354. Notice by Creditor of Assignment of Debt, No. 504. Notice by Surety to His Guarantors to Defend Action on a Bond Signed by Surety and Guarantor, No. 808. Notice of Acceptance of Substitution, No. 3481. Notice of Annual Meeting, No. 1305. Notice of Annual Meeting, No. 1306. Notice of Annual Meeting of Eailroad Company, No. 1338. Cowdery's Form Book. 968 Notice of Appeal — Alternative Method, No. 352. Notice of Appeal from Justice's Court to Superior Court, No, 359. Notice of Appeal to Supreme Court, No. 350. Notice of Appearance, No. 3S0. Notice of Application for Dise'r.arge from Imprisonment, No. 447. Notice of Application for Letters of Administration, No. 1751. Notice of Application for United States Patent for Mining Claim, No. 2629. Notice of Application to be Ecstored to Premises, No. 3712. Notice of Application to Disincorporate, No. 1337. Notice of Application to Mortgage by Church or Society, No. 2712. Notice of Architect's Claim of Lien, No. 2503. Notice of Assignment of Legacy, No. 524. Notice of Attachment, No. 586. Notice of Attachment of Stocks or Shares, No. 587. Notice of Attachment by Publication — Wyoming, No. 589. Notice of Change of Place of Business, No. 1298. Notice of Change of Terms of Lease, No. 2380. Notice of Claim of Lien — Fishing Industry — Oregon, No. 2516. Notice of Claim of Lien for Propagating Animals, No. 2514. Notice of Claim of Lien on Railroad Property — Oregon, No. 2521, Notice of Claim of Lien upon Chattels for Labor, Skill and Materials Ex- pended — Oregon, No, 2518. Notice of Claim of Lien upon Chattels, for Labor, Skill and Materials Ex- pended — Washington, ISTo. 2519. Notice of Completion of Work, No. 2506. Notice of Constable's Sale, No. 1700. Notice of Contractor's Claim of Lien, No. 2498, Notice of Day Fixed for Hearing Eeturn of Sale of Real Estate, No, 3099, Notice of Delinquent Sale, No. 1315. Notice of Directors' Regular Meeting, No. 1307, Notice of Directors' Special Meeting, No, 1308, Notice of Dissolution of Copartnership, No, 2886. Notice of Dividend in Bankruptcy, No. 695, Notice of Entry of Judgment, No, 2258. Notice of Exception to Sufficiency of Sureties, No. 889, Notice of Exception to Sufficiency of Sureties on Undertaking on Claim and Delivery, No, 2290, Notice That Defendant Excepts to Sufficiency of Sureties on Attachment or Appeal Bond— Justice's Court, No. 2291. Notice of Filing Award to be Served on Adverse Party, No, 399, Notice of First Meeting of Creditors, No. 677. Notice of Foreclosure, by Advertisement — North Dakota, No. 1964, Notice of Hearing of Arbitration, No. 395. Notice of Hearing of First and Final Account of Administratrix and Peti- tion for Final Distribution, No. 1572. Notice of Hearing — Justice's Court, No. 2784. Notice of Hearing on Application Before Railroad Commission, No. 3210 Notice of Hearing on Complaint Before Railroad Commission, No. 3208. Notice of Hearing Petition to Invest Funds, No. 1833. Notice of Intended Sale Under Mortgage or Deed of Trust, No. 2788. Notice of Intention to Become Sole Trader, No. 3370. Notice of Intention to Move for New Trial, No. 2760. Notice of Interest by One in Possession, No, 2381. Notice of Justification of Sureties, No. 2293, Notice of Justification of Sureties— Justice's Conrt. No, 2294. Notice of Laborer's Claim of Lieu. No. 2502. Notice of Lien of Laborer to Officer Holding Attachment, No. 2527. Notice of Levy on Real Property, No. 1675, Notice of Location of Lode Claim, No. 2622. Notice of Location of Oil Claim. No. 2621. 969 Notices. Notice of Location of Placer Claim, No. 2620. Notice of Materialman's Claim of Lien, No. 2501. Notice of Motion, No. 2780. Notice of Motion for Alimony — Costs and Counsel Fees, No. 1580. Notice of Motion for Change of Place of Trial, No. 861. Notice of Motion for Commission to Examine Witness Out of State, No. 1544. Notice of Motion to Correct Award. No. 402. Notice of Motion to Set Aside Default, No. 1500. Notice of Motion to Set Aside Sale for Neglect to Comply with Terms, No. 3105. ^^ Notice of Motion to Substitute Defendant, No. 2783. Notice of Motion to Vacate Award, No. 405. Notice of Motion to Vacate Judgment and Enter a Different Judgment, No. 2259. Notice of Pendency of Action of Ejectment, No. 1602. Notice of Pendency of Action to Foreclose Mortgage, No. 1955. Notice of Pendency of Action for Partition, No. 2862. Notice of Pendency of Action to Quiet Title, No. 3183. Notice of Petition for Eemoval of Trustee, No. 601. Notice of Performance of Labor for, or of Furnishing Materials to, Con- tractor — Without Notice, No. 2505. Notice of Plaintiff's Death, No. 2781. Notice of Probate Proceedings, Special, No. 2790. Notice of Postponement of Sale, No. 1702. Notice of Postponement of Sale of Eeal Estate, No. 3091. Notice of Protest, No. 3150. Notice of Protest of Draft Payable at Sight, No. 3156. Notice of Public Sale by Holder of Lien for Services Rendered on Chattel, No. 2525. Notice of Quitting Premises by Tenant, No. 2378. Notice of Sale of Personal Property, No. 3089. Notice of Sale of Personal Property, and of Postponement of Sale, No. 1703. Notice of Sale of Eeal Estate at Auction, No. 3090. Notice of Sale of Real Property at Private Sale, No. 3092. Notice of Sale on Foreclosure of Lien, No. 1932. Notice of Sale of Impounded Property to Satisfy Lien, No. 2513. Notice of Sale of Impounded Animal to Satisfy Lien, No. 2524. Notice of Sale — Montana and Utah, No. 1701. Notice of Setting Transferred Case for Trial — Justice's Court, No. 2786. Notice of Settlement of Administratrix's Account, No. 21. Notice of Sheriff's Sale on Foreclosure of Mortgage, No. 1959. Notice of Sheriff's Sale of Real Property, No. 1699. Notice of Special Meeting of Stockholders to Create Bonded Indebtedness, No. 1340. Notice of Sul.stitution of Parties Plaintiff, No. 3504. Notice of Suspension of Executor, No. 1806. Notice of Stockholders' Meeting to Increase Capital, No. 1339. Notice of Subcontractor's Claim of Lien, No. 2500. Notice of Taking Deposition, No. 1536. Notice of Taking Deposition After Time Shortened, No. 1542. Notice of Terminating Tenancy, No. 2386. Notice of Termination of Tenancy at Will, No. 2382. Notice of Time and Place for Proving Will, No. 3960. Notice of Time and Place of Hearing on Application for Appraisers of Homestead, No. 2083. Notice of Transfer, -and of Time and Place of Trial, No. 866i. Notice to Trustee of His Appointment, No. 685. Notice of Trustee's Sale Under Deed of Trust, No. 1459. Form 2780 Cowdery 's Form Book, 970 Notice of Trustee's Sale of Eeal Estate at Public Auction, No. 1482. Notice That Case is Set for Trial— Justice's Court, No. 2785. Notice That Owner will not be Eesponsible for Improvements, No. 2504. Notice to Appear Before Commissioners in Partition in Probate, No. 2873. Notice to Arbitrators of Appointment, No. 394. Notice to Arbitrators of Eevocation by Both Parties, No. 412. Notice to Assignee of Lien of Servant, etc., No. 2526. Notice to Assignee of Preferred Claim for Labor Done, No. 2366. Notice to Claimant That Claim is Disputed, No. 2371. Notice to Co-owner of Mine to Contribute, No. 2645, Notice to County Clerk to Prepare Papers on Appeal, No. 353. Notice to Creditor or Defendant of Laborer's Claim, No. 2368. Notice to Creditors, No. 2801. Notice to Creditors by Sheriff, Published, No. 544. Notice to Creditors, by Sheriff, to Meet for Purpose of Electing Assignee, No. 543. Notice to Defendant That His Sureties must Justify— Justice's Court, No. 2292. Notice to Deliver Possession at End of Term, No. 2385. . Notice to Officer That Laborer's Claim is Disputed by Creditor, No. 2369. Notice to Officer That Laborer's Claim is Disputed by Defendant, No. 2370. Notice to Officer of Laborer's Claim, No. 2367. Notice to Party of Eevocation, No. 413. Notice to Pay Rent or Quit, No. 3716. Notice to Pay Rent or Surrender Possession, No. 2383. Notice to Perform Covenants of Lease, No. 2384. Notice to Perform Covenants of Lease, No. 2453. Notice to Plaintiff of Application for Substitution of Party Defendant- Justice's Court, No. 3501. Notice to Plaintiff of Arrest — Justice's Court, No. 445. Notice to Sheriff of Eelease of Attachment, No. 620. Notice to Quit by the Landlord, No. 2379. Notice Where Service of Summons is by Publication — Justice's Court- Washington, No. 3550. No. 2780. Notice of motion. [Title of Coiirt and Cause.] To , Attorney for Plaintiff. The plaintiff and his attorney will please take notice that, upon affi- davits and upon the files, papers, proceedings, and records in the above- entitled action, I shall move the court, at the courtroom thereof, at the ■ , in the county of , on the day of , 19 — , at the open- ing of the court on that day, or as soon thereafter as counsel can be heard, . Said motion will be made and based on the ground that and will be based on this notice, the affidavit of served herewith and the records and files in the action. Dated , 19—. , Attorney for Defendant. NOTE. — A notice of motion, other than for a new trial, must state when, and the grounds upon which, it will be made, and the papers, if any, upon which it is to be based. If any such paper has not previously been served upon the party to be notified, and was not filed by him, a copy of such paper must ac- company the notice: See Cal. Code Civ. Proc, sec. 1010. 971 Notices. Forms 2781-2783 No. 2781. Notice of Plaintiff's Death. [Title of Court and Cause.] To , , and . You and each of you will please take notice, and are hereby notified, that the above-entitled action is pending in the court of the state of , in and for the county of , and on appeal to the supreme court of the state of , to partition certain lands in said county of , being part of ; that the plaintiff, , is dead ; and that the interest of said , deceased, during his lifetime was represented by , as his attorneys, and that said attorneys since the death of said , pursuant to the statute in such cases made and provided, have continued to represent said interest. Your attention is respect- fully directed to said litigation, in order that you may appear therein should you be so advised. Dated , 19—. and , Attorneys for Plaintiff. NOTE. — California, Code Civ. Proc, sees. 385, 763; Alaska, Comp. Laws 1913, sec. 869; Arizona, E^v. Stats. 1913, pars. 397-416; Idaho, Rev. Codes 1907, sec. 4108; Montana, Eev. Codes, 6494, 6495; Washington, Rem. Codes, sec. 193. No. 2782. Notice of Sustaining Demurrer. [Title of Court and Cause.] You will please take notice, that the defendant's demurrer to the complaint herein has been sustained, and you are given two days in which to amend. Dated . [Signature.] NOTE. — Time runs from the date of service of notice: California, Code Civ. Proc, sees. 1003-1017. In justice's court: Code Civ. Proe., sec. 860. No. 2783. Notice of Motion to Substitute Defendant. [Title of Court and Cause.] You will please take notice that defendant will, on the third day of April, A. D. 1917, at the office of E. R., Esq., justice of the peace at the town of C, county of M., at the hour of ten o'clock A. M. of that day, apply to said justice of the peace for an order substituting H. N. as defendant in this action, in place of defendant, and discharging said defendant from liability in said action. Said motion will be based on the pleadings herein and the affidavit of defendant, a copy of which is served herewith, and will be made on the ground that defendant has no interest in the result of said action, and that said H. N. is the real party in interest therein. Dated . [Signature.] [Indorsed: Service of the within and a copy of the affidavit of J. N. admitted this 26th day of March, 1917.] NOTE.— California, Code Civ. Proc., sec. 386. Forms 2784-2787 Cowdery's Form Book. 972 No. 2784. Notice of Hearing— Justice's Court. [Title of Cause.] To , Plaintiff, and to , Defendant. You and each of you will please take notice that the undersigned justice of the peace, before whom the above-entitled cause is pending, has set for hearing the demurrer of , filed in said cause, before me, at my office in said township, at o'clock A. M., on the day of . , 19-. Dated this day of , 19—. [Official signature.] NOTE. — See Cal. Code Civ. Proc, sec. 850. No. 2785. Notice That Case is Set for Trial— Justice's Court. [Title of Cause.] To and . You will please take notice that the above-entitled action has been set for trial before me, at my office at , county of , at o'clock A. M. of , 19 — . , Justice of the Peace. No. 2786. Notice of Setting Transferred Case for Trial— Justice's Court. [Title of Court and Cause.] You will please take notice, that the above-entitled case was, on the first day of April, 1917, by S. C, Esq., .iustice of the peace of B. town- ship, county of C, transferred to my court for trial; and you will please take notice that the undersigned justice of the peace, before whom the above-entitled action is pending, has set said cause for trial, before himself at his office in township H., in the town of S., in said county, on Monday, April 6, 1917, at the hour of 10 o'clock A. M. Dated . , J. P. NOTE.— See Cal. Code Civ. Proc, sec. 850. No. 2787. Return of Service of Notice of Setting Case for Trial or Hearing of Demurrer — Justice's Court. [Title of Court and Cause.] I hereby certify that I served the attached notice of time and place of the trial [or hearing of demurrer] on the plaintiff, A. B. [or defend- ant], by delivering to him personally at C. D., in said county and town- ship' on the eighth day of June, 1917, a copy of said notice. Dated . . [Signature.] 973 Notices. Forms 2788-2790 No. 2783. Notice of Intended Sale Under Mortgage or Deed of Trust. To Whom It May Concern: Notice is hereby given, that whereas , on the day of , 19 — , made, executed and delivered to , his note and mortgage, which mortgage was thereafter duly recorded in tlie office of the county recorder of the county of , state of ; and Whereas, default has been made in the payment of the interest upon said promissory note; notice is hereby given that the undersigned mortgagee has elected to consider all of the principal and interest due in consequence of said default, in accordance with the terms of said promissory note, and has elected to sell said property to satisfy said obligation. Dated . , Mortgagee. NOTE.— See Cal. Civ. Code, sec. 2924. In the case of a deed of trust, the notice must be given by the beneficiary. No. 2789. Request by Heir, Devisee or Legatee for Special Notice. [Title of Court and Estate.] To , Executor [or administrator, as the case may be] of the Estate of the Above-named Decedent, and to , His Attorney : Please take notice that the undersigned requests special notice of the following mentioned matters, steps or proceedings in the administration of said estate, to wit : 1. Filing of petitions for sales, leases or mortgages of any property of the estate. 2. Filing of accounts. 3. Filing of petitions for distribution. 4. Filing of petitions for partitions of any property of the estate. Please take notice that the postoflSce address of the undersigned is No. , Street, , state of . Dated . [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1380. No. 2790. Special Notice of Probate Proceedings. [Title of Court and Estate.] To . In accordance with your request for special notice, notice is hereby given you that on the day of , the administrator of the estate of said deceased, filed with the clerk his first annual account. Dated * [Signed.] Forms 2791-2800 Cowdery's Form Book. 974 No. 2791. Proof of Service of Special Notice of Probate Proceedings. [Title of Court and Estate.] State of , County of , ss. , being first duly sworn, deposes and says: That the annual ac- count of , administrator of the estate of said deceased, was iiled on the day of , 19 — ; that within two days thereafter, to wit, on the day of , 19 — , affiant inclosed a copy of the annexed notice in an envelope addressed to , at , and prepaid the postage thereon, and deposited the same in the United States postoffice, at . Subscribed and sworn to before me, , this day of , 19—. Notary Public in and for the County of , State of . NOTICE TO CREDITORS. 2800. Order directing notice to creditors. 2801. Notice to creditors. 2802. Affidavit of publication of notice to creditors. 2803. Decree establishing notice to creditors. 2804. Notice of first publication of notice to creditors. No. 2300. Order Directing Notice to Creditors. [Title of Court and Estate.] It is ordered that notice to creditors of the above-named decedent be publislied once each week for four successive weeks in the " " pursuant to section 1490 of the Code of Civil Procedure. Dated . , Judge of Superior Court. NOTE'. — In California, the executor or administrator must, immediately after his appointment, publish in some newspaper of the county, if there be one, if not, then in such newspaper as may be designated by the court, a notice of the creditors of the decedent, requiring them to exhibit their claims with the necessary vouchers, to the giver of the notice at the place of his residence or business, to be specified in the notice; such notice must be published as often as the judge or court shall direct, but not less than once a week for four weeks. [The court or judge may also direct addi- tional notice by publication or posting. In case such executor or admin- istrator resigns, or is removed, before the time expressed in the notice, his successor must give notice only for the unexpired time allowed for such presentation.] California, Code Civ. Proc, sec. 1490. See, also, Alaska, Comp. Laws 1913, sees. 1652-1661; Arizona, Rev. Stats. (Civ. Code 1913), sec. 879; Colorado, Mill's Ann. Stats. 1912, sec. 799S; Hawaii, Eev. Code 1915, sec. 2493; Idaho, Rev. Codes 1907, sec. 5460; Montana, Rev. Codes 1907, sec. 7522; Nebraska, Rev. Code 1913, sec. 1382; Nevada, Rev. Laws 1912, sees. 5963, 5978; New Mexico, Stats. Ann. 1915, sec. 2277; North Dakota, Comp. Laws 1913, sec. 8734; Oklahoma, Harris & Day's Code 1910, sec. 6336; Oregon, Lord's Oregon Laws, sec. 1238 et seq.; South Dakota, Comp. Laws 1913, sec. 5787; Utah, Comp. Laws 1907, sees. .-,848, 3849; Washington, Rem. Code, see. 1470; Wyoming, Comp. Stats. 1910, sec. 5616. 975 Notice to Creditors. Forms 2801, 2802 No. 2801. Notice to Creditors. [Title of Court and Proceeding.] Notice is hereby given by the undersigned, , as executrix of the last "will of , sometimes known as , deceased, to the creditors of and all persons having claims against the said decedent, to file them, with the necessary vouchers within ten (10) months after the first pub- lication of this notice, in the office of the clerk of the superior court of the state of California, in and for the city and county of San Fran- cisco, or to exhibit them, with the necessary vouchers, within ten (10) months after the first publication of this notice to the said executrix, at the office of , No. Street, in said , county of , state of , which said office the undersigned selects as her place of business in all matters connected with said estate of , sometimes known as , deceased. Dated the day of first publication hereof, viz., , 19 — . As Executrix of the Last Will of , Deceased. NOTE.— California, Code Civ. Proc, sees. 1490-1492. No. 2802. Affidavit of Publication of Notice to Creditors. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. W. F., of the said city and county, being duly sworn, deposes and says: That he is over eighteen years of age; that he has no interest whatsoever in the estate mentioned therein and is not a party thereto; and that he is the principal clerk of the printers and publishers of "The Shouter," a newspaper publislied daily in said city and county, and has charge of all the advertisements in said newspaper, and that the notice to creditors in the case of the estate of T. J., deceased, of which notice the following is a printed copy: [Here insert printed copy] has been published once a week for four successive weeks in the above-named newspaper, commencing on the first day of July, 1917, and ending on the tliirty-first day of July, 1917 (both days inclusive), and further he saith not. [Signature.] Subscribed and sworn to [etc.]. ]SrOTE. — In California, evidence of the publication of a document or notice required by law, or by an order of a court or judge, to be published in a newspaper, may bo given by the affidavit of the printer of the news- paper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made: California, Code Civ. PrOc, sec. 2010. The publication must be made daily, or otherwise as often during the pre- scribed period as the paper is regularly issued, unless otherwise provided in Code of Civil Procedure. The court or judge may order a less number of publications during the period: Code Civ. Proc, sec. 315. rorms 2803-2820 Cowdery's Foem Book. 976 No. 2803. Decree Establishing Notice to Creditors. [Title of Court and Estate.] It appearing to the satisfaction of this court that due and legal notice to the creditors of said estate has been given: It is hereby ordered, adjudged and decreed that due and legal notice to the creditors of said T, J., deceased, has been given; that the same is established of record, and that this decree be entered in the min- utes of this court and recorded. Dated . , Judge. NOTE. — After publication of notice to creditors is given, as required bv law, a copy thereof, with the affidavit of publication, or of publication and posting, must be filed, and upon such affidavit or other testimony to the satisfaction of the court, an order or decree showing that due notice to creditors has been given, and directing that such order or decree be entered in the minutes and recorded, must be made by the court: California, Code Civ. Proe., sec. 1492; Arizona, Rev. Stats. 1913, par. 881. No. 2804. Notice of First Publication of Notice to Creditors. [Title of Court and Cause.] Notice is hereby given, pursuant to section 1491a, Code of Civil Pro- cedure (Stats. 1911, c. 282), that the first publication of the Notice to Creditors in the Matter of the Estate of , Deceased, a printed copy of which is hei'eto attached, was made in "Daily Commercial News," a newspaper of general circulation printed and published in tlie city and county of San Francisco, state of California, on the day of , 19—. of the Deceased. Dated, San Francisco, , 19 — , , Attorney — for , NUISANCE. 2820. Complaint for damages for erecting a nuisance. No. 2820. Complaint for Damages for Erecting a Nuisance. [Title of Cause.] The plaintiff complains, and alleges: 1. That he is, and at all the times hereinafter mentioned was, the owner and possessed of the house and lot . 2. That the defendant was also then and there the owner and pos- sessed of certain other premises contiguous to plaintiff's said premises. 977 Oath — Objections. Form 2820a 3. Tliat the defendant, on or about the day of , 10 — , erected on his said premises a slaughter-house and cattle-pens, and furnaces and vats for making lard and tallow, and thereafter kept in his said pens, and slaughtered in his said slaughter-house, large numbers of cattle and hogs, and made thereat tallow and lard, and thereby, and by means of said several acts and things, caused noxious and offensive smells and loud and offensive noises, and tainted and corrupted the atmosphere so as to render the dwelling-house and premises of the plain- tiff unfit for habitation, and compelled plaintiff to remove from and abandon the same, and thereby also prevented him from renting or otherwise receiving any income therefrom, to the damage of the plain- tiff in the sum of dollars ($ ). Wherefore [etc.]. [Signature.] OATH. 2820a. Oath of office. CEOSS-EEFERENCES. Oath — Applicant for a Reissue of Patent, No. 2932. Oath — Appraisers on Execution Against Homestead, No. 2085. Oath— Arbitrator's, No. 396. Oath — Attorney at Law — Colorado, No. 248. Oath — Attorney at Law — South Dakota, No. 249. Oath — Coroner's Jury, No. 1274. Oath of Witness Before Arbitrators, No. 397. 0£.th — Witness Before Coroner's Inquest, No. 1275. Oath to Final Account of Trustee, No. 688. No. 2820a. Oath of Office. State of California, City and County of San Francisco. I do solemnly swear that I will support the constitution of the United States, and the constitution of the state of California, and that I will faithfully discharge the duties of sheriff in and for the city and county of San Francisco, according to the best of my ability. So help me God. [Signature.] Subscribed and sworn to [etc.]. OBJECTIONS. Objections to Account, No. 24. Ob]eetions to Appointment of Administrator. Xo. 1766. Objections to Change of Name of Corporation, No. 1303. Objections to Confirmation of Sale of Real Estate, No. 3100. Objections to Partial Distribution. No. 1.365. Objections to Petition for Order Directing Administrator to Convey L-.nd, No. IS.-^S. Objections to Sale of Real Estate, No. 3072. Specification of Grounds of Opposition to Bankrupt's Discharge, No, 718. Form Book — 62 Form 2821 Cowdeby's Form Book. 978 OFFICIAL BONDS. 2821. OfBcial bond of county treasurer. 2822. Justification of sureties on state or county bonaa. 2823. Condition of county treasurer's bond — Colorado. 2824. Condition of sheriff's bond — Colorado. 2825. Condition of county clerk's bond — Kansas. 2826. Ofiacial undertaking of constable — Oregon. 2827. Official undertaking of justice of the peace — Oregon. 2828. Sheriff's official undertaking — Oregon. 2829. Complaint on ©facial bond. CROSS-REFEKENCES. See Bonds. Official Bond, No. 768. Official Bond — Corporate Security, No. 769. Official Bond of County Treasurer, No. 810. Official Bond of City and County Officers of Honolulu. No. 821. Official Undertaking of Constable — Oregon, No. 815. Official Undertaking of Justice of the Peace — Oregon, No. 816. No. 2821. Ofiacial Bond of County Treasurer. Know all men by these presents that we, , as principal, and , , , , , and , as sureties, are held and firmly bound unto the state of , in the following penal sums, to wit : the said , in the penal sum of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; the said , in the penal sum of dollars ($ ) ; and the said , in the penal sum of dollars ($ ) ; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seal and dated the day of , 19 — . The condition of the above obligation is such that, whereas the above- bounden principal, , was, at a general election held in said state, on the day of , 19 — , duly elected to the office of county treasurer, in and for the county of and state aforesaid: Now, therefore, the condition of this obligation is sucli that if the said shall well, truly and faithfully perform all official duties now required of him by law, and shall well, truly and faithfully execute and perform all the duties of such officer of county treasurer required by any law to be enacted subsequently to the execution of this bond, then this obligation is to be void and of no effect; otherwise, to remain in full force and effect. [Signatures.] [Justification of sureties.] 979 Official Bonds. Forms 2822-2825 No. 2822. Justification of Sureties on State or County Bonds. State of , County of , ss. and , whose names are subscribed as sureties to the above bond, being duly sworn, each for himself says that he is a resident and freeholder within said state of ; that he is wortli the aniount for which he becomes surety over and above all his debts and liabilities, in unencumbered property, situated within this state, exclusive of prop- erty exempt from execution and forced sale. [Signatures.] Subscribed and sworn to [etc.]. Approved, . [Official signatures.] No. 2823. Condition of County Treasurer's Bond— Colorado. Whereas the above-bounden was elected to the office of county treasurer of the county of , on the day of , 19 — : Now, therefore, the condition of this obligation is such that if the said , and his deputy, and all other persons employed in his office, shall faithfully and promptly perform the duties of said office, and if the said , and his deputies, shall pay, according to law, all moneys which shall come to his hands as treasurer, and will render a just and true account thereof whenever required by said board of commissioners, or by any provision of law, and shall deliver over to his successors in office, or to any other person authorized by law to receive the same, all moneys, books, papers and other things appertaining thereto, or belong- ing to his said office, then the above obligation to be void; otherwise, to be in full force and effect. No. 2824. Condition of Sheriff's Bond— Colorado. Whereas the above-bounden was elected to the office of sheriff of the county of , on the day of , 19 — : Now the condition of this obligation is such that if the said shall well and faithfully perform and execute the duties of the office of sheriff of said county of , during his continuance in office, by virtue of said election, without fraud, deceit or oppression, and shall pay over all moneys that may come into his hands as such sheriff, and shall deliver to his successor all writs, papers and other things pertain- ing to his office which may be so required by law, then the above obligation shall be void; otherwise, to be and remain in full force and effect. No. 2825. Condition of County Clerk's Bond— Kansas. Whereas the above-bounden was elected to the office of county clerk of the county of , on the day of , 19—: Now, therefore, if the said shall faithfully perform all the duties of his office, and shall pay over all moneys that may come into his hands as such clerk, as required by law, and shall deliver to his sue- Forms 2826-2829 Cowdery's Form Book. 980 cesser in office all the books, records, papers and other things belonging to said office, then the above obligation to be null and void; otherwise, to remain in full force. No. 2826. Official Undertaking of Constable— Oregon. Whereas has been duly elected a constable for the precinct of , in the county of , at an election held on the day of , 19—, we, and , hereby undertake that if the said shall not faithfully execute and return all process to him directed and delivered, and pay over according to law all moneys that shall come into his hands by virtue of his office, then we, or either of us, will pay to the state of the sum of dollars ($ ). [Signatures.] Approved . No. 2827. Official Undertaking of Justice of the Peace— Oregon. Whereas, has been duly elected a justice of the peace in and for the precinct of , in the county of , at an election held on the day of , 19 — , we, and , hereby undertake that if the said shall not faithfully pay over according to law all moneys that shall come into his hands by virtue of such office, then we or either of us will pay to the state of the sum of dollars ($ ). [Signature.] Approved . No. 2828. Sheriff's Official Undertaking— Oregon. Whereas, at an election held on the day of , 19 — , was duly elected sheriff of the county of , we, and , hereby undertake that if the said shall not faithfully pay over according to law all moneys that may come into his hands by virtue of said office, and otherwise well and faithfully perform the duties of such office, then we, or either of us, will pay the state of the sum of dollars ($ ). [Signatures.] Approved No. 2829. Complaint on Official Bond. [Title of court.] [Title of cause.] [Title of form.] The plaintiff complains, and alleges: 1. That the defendant, on the day of , 19—, at , made and delivered his bond, or writing obligatory, sealed with his seal, of which the following is a copy : . 2. [Set forth the breach of the bond.] Wherefore [etc.]. [Signature.] 981 Oil Lands — Options. Forms 2830, 2831 OIL LANDS. Oil claim. See Mining. Oil Land, Lease of, No. 2410. Notice of Location or Oil (."laim. No. 2621. OLOGRAPHIC WILL. "Olographic" or "Holograpliic" Will, No. 3927. OPPOSITION. See Objections. Opposition to Appointment of Administrator, No. 1753. Opposition to Appointment of Administrator — Another Form, No. 1754. Opposition to Bankrupt's Diseiiarge, No. 718. Opposition to Probate of Will, No. 3976, Opposition to Sale of Personal Property, No. 3073. OPTIONS. 2830. Option to purchase land. 2831. Option to purchase mine. No. 2830. Option to Purchase Land. Received of A. B. C. the sum of five hundred dollars, as part pay- ment for the following described property situated in the county of Alameda, state of California, and described as follows, to wit: [De- scription.] The entire price to be paid for said above-described prop- erty is $10,000, and to be paid as follows: Nine thousand five hundred dollars to be paid within thirty days after S. B. D., attorney at law of the city of Oakland, county of Alameda, notifies said A. B. C. that the title to said land is perfect in E. F. G. Said attorney to make his report on said title within ten days from the date he receipts for the abstract of said title. A deed to be executed and delivered by the said E. F. G. to said A. B. C, or his assigns, on or before the tenth day of May, A. D. 1917. Provided, however, that the payment of $9,500 is paid at said date, but if not paid on or before the said tenth day of May, A. D. 1917, then this contract to be of no effect, and in that event the said $500 to be retained by said E. F. G. as liquidated damages. Time is of the essence of this contract. Dated . [Signature.] No. 2831. Option to Purchase Mine. This agreement made and entered into this day of , 19 — , by and between , of the county of , state of , the party of the first part, and , and • -, of the same place, the parties of the second part, . Form 2831 Cowdery's Form Book. 982 ^ Witnesseth. That the said party of the first part, for the considera- tions hereinafter mentioned, hereby agrees to sell and convey unto the said parties of the second part, or their assigns, the follovang de- scribed lands, mining claims and mining rights situate in mining district, county of , state of , and knovrn as the , and more particularly described as follows: [Description.] The purchase price of said mining claims and premises shall be one hundred thousand ($100,000) dollars, in gold coin of the United States of America, payable on or before five (5) years from the date hereof, in the manner hereinafter provided. Upon the execution of this agreement, the party of the first part agrees to place in escrow with the Anglo and London Paris National Bank, at San Francisco, a good and sufficient deed conveying to tlie parties of the second part, the above-described premises, free and clear of all encumbrances by him made, suffered or committed; also a copy of this agreement; and upon a full compliance with all of the terms and conditions of this agreement, the said bank is empowered, directed and instructed to deliver said deed to the said parties of the second part, or their assigns. The parties of the second part must, beginning with the first day of September, 1916, pay to said bank, for account of the party of the first part, the sum of one hundred ($100) dollars per month, on the first day thereof, during the life of this agi-eement, which payment shall be applied on the purchase price in case said parties of the second part, or their assigns, avail themselves of the option to purcliase herein given, otherwise to remain the property of the party of the first part, as rental for the use and occupation of said premises. On payment of the one hundred ($100) dollars falling due September 1, 1916, the second parties shall be entitled to possession of said property, but not until then. The said parties of the second part must begin active mining opera- tions on said premises not later tlian May 1, 1917, and prosecute and continue the same with reasonable diligence. The parties of the second part shall do a minimum standard size and gi-ads development work on the tunnel known as No. 4 of at least two hundred linear feet per month for the first three months commencing on March 1, 1917, and thereafter at least one hundred and fifty feet per month for the remainder of the year, ending March 1, 1918. It is understood by the parties hereto that the development work in Tunnel No. 4 shall be continued in the direction of the main vein which passes through the or and claims for the purpose of opening the said vein. A cessation of the work provided for herein for a period of sixty (60) days, whether consecutive or not, within any six months' period, shall operate as an abandonment of this agi-ee- ment, and every part thereof; should cessation of work thereon be oc- casioned by means beyond human control, or strikes or unforeseen accidents, the time so lost will be extended during such period. 983 Options. Form 2831 The said parties of tlie second part further promise and agree, that during the life of this agreement, all underground mining operations shall be conducted through shafts or tunnels located within the exterior boundaries of the property herein described; and all ores extracted therefrom shall be milled or treated on said propert}^ unless the writ- ten consent of the said party of the first part has been first obtained to treat or mill the same at other places. The said parties of the second part further promise and agree, that out of all ores milled and reduced, they will pay to said party of the first part, or his duly authorized agent, a sum equal to fifty per cent (50%) of the yield thereof, after allowing one and 50/100 ($1.50) dollars on each ton of rock for mining and milling the same, the sum for each month being settled on this basis monthly. Payments shall be made on or before the fifteenth day of each month for the ore ex- tracted and milled during the preceding month, and shall be considered as a partial payment on the purchase price of said premises, in case said parties of the second part, or their assigns, avail themselves of the option to purchase herein given, otherwise to remain the property of the party of the first part, as additional rental for the use and occupation of said premises. Five (5) days' notice in advance shall be given the said party of the first part, or his duly authorized agent, of any clean-up, in order that he or his agent may be present at the same. It is further understood and agreed that all buildings, mar-hinery, tools, fixtures and appliances placed on said mining claims by second parties, shall, in case the said second parties, or their assigns, do not avail themselves of the option to purchase herein given, be deemed as affixed tliereto and become the properly of the said first party. The second parties shall have no right to make any alterations in the equipment now on the premises except upon written permission of first party first given and received. The second parties agi'ee to pay all state and county taxes that may be levied or assessed against said property from date hereof, including taxes payable in November, 1916, and April, 1917, and to deliver to first party paid tax bills at least ten days before such taxes become delinquent, and to do the necessarj^ yearly assessment work upon the unpatented four claims, beginning with the year 1916, and prepare, make and record the affidavit of the performance of such work, said affidavit to show that said work was done for first party, and to be recorded not later than January 3d of the following year, and to insure and keep insured, in a sum not less than ten thousand ($10,000) dollars, the buildings, machinery and fixtures thereon. Said policy of insur- ance to be written, loss payable to first party; in case of loss, the money so realized from the insurance shall be applied toward the recon- struction of said premises, and if insufficient, the additional sum re- quired to replace said premises shall be borne by the said second parties, or their assigns. Form 2831 Cowdery's Form Book. 98 i Tlie said parties of the second part further covenant, promise and agree to save the said party of the first part harmless for any damage or damages that might occur in the operation of said mining premises, and for that purpose shall insure and keep insured in some reliable accident insurance company, or with the insurance department of the state of California, all persons employed by them, or their agents, in and about said premises during the life of this agreement. The said party of the first part, or his duly authorized agent, shall at all times have the right to inspect said premises and the under- ground workings of said mining claims, and also the right to be present at the mill at all clean-ups. It is further understood and agreed between the parties hereto, that the parties of the second part, their successors and assigns, shall have the right to cut whatever timber may be necessary for mining purposes. The said i^arties of the second part further promise and agi'ee that during the life of this agreement they will not do any act or thing which would cause mechanics' or other liens to be placed against said property, or any part thereof. The said party of the first part shall have the privilege at all times during the life of this agTeement of causing to be posted, and of keep- ing posted in a conspicuous place or places on said mining premises a notice in writing, reading to the effect that the work of developing and mining on said premises and any improvements thereon, are being done wholly and solely at the expense of the said parties of the second part, and stating that the said party of the first part will uot be re- sponsible for the indebtedness for labor, material, or at all, created by the said parties of the second part in connection with the work and oiieraiion of said property during the existence of this agreement. The said parties of the second part must, not later than the first day of each month, have in the bank at Greenville sufficient funds to cover the cost of labor to be done and materials to be furnished daring the ensuing thirty daj'^s next thereafter, and that said money shall re- main there and be used for that purpose. It is also further understood and agreed that all work done by the said parties of the second part and all improvements put thereon by the said parties of the second part sliall be done in a good and v\^ork- manlike manner and mine fashion and at the sole cost and expense of the parties of the second part. It is further agi'eed that the buildings, machinery, equipment, tools, water ditches, tunnels, drifts, shafts and winzes are to be kept in the same good order and repair as the same are now at the cost and expense of the second parties, any reasonable wear and tear excepted. It is furtlier understood and agreed that all notices provided for in this agreement to be served upon the said party of the first part shall be deposited in the United States mail, postage prepaid and addressed to him at the Mills Building, San Francisco, California, and any notices to be served upon the said parties of the second part, shall be deposited in the United States mail, postage prepaid and addressed to them at 985 Orders. the Chronicle Building, San Francisco, Calirornin, or in case of assign- ment hereof to such address as may be requested by the assignee. Time is of the essence of this agreement, and should the said parties of the second part, or their assigns, fail, neglect or refuse to cariy out any of the terms and conditions hereinabove stated, for the period of thirty (30) days after notice of default, this contract shall become null and void and of no further force and effect and all payments made thereon shall be retained by the said party of the first part as liquidated damages for the use and occupancy of said premises, and as the con- sideration for which this agreement is executed, and the said parties of the second part sliall forthwith deliver up to the said party of the first part, the peaceful possession of said premises and every part thereof. This agreement shall extend to, bind and be enforceable against the heirs, executors and administrators and assigns of the respective parties hereto. In witness whereof the parties hereto have hereunto set their hands and seals the day and year first above written, [Signatures.] ORDERS. 2?40. Order shortening time. 2841. Order transferring cause. 2842. Order to view locus in quo. 2843. Order extending time. CROSS-REFEEENCES. See Decrees; Juclgmenta. Ord^r Accepting EeRi.G:nation of Testamentary Trustee, No. 1822. Order Adjudging Administrator Guilty of Contempt for Disobeying Order to Sender Account, No. 34. Order Adjudging That Person Named in Will as Executor has Forfeited His Eioht to Letters, No. 1800. Order Admitting foreign Will to Probate, No. 3986. Order Admitting Will to Probate, No. 3972. Ord'^r Admitting Will to Probate — Another Form, No. 3973. Order Admitting Will to Probate — Another Form, No. 3974. Order Allowing Account and Discharging Trustee, No. 689. Order Allowing Debt Irregularly Paid, No. 37. Order Allowing Intervention, No. 2186. Order Allowing Presentation of Creditor's Claim, No. 1394. Order Amending Award, No. 404. Order and Citation on Petition to Determine Heirship, No. 2057. Order Appointing Administrator, No. 1755. Order Appointing Administrator With the Will Annexed When Executor's Right to Appointment is Forfeited, No. 1777. Order Appointing Agent to Take Possession of Real Estate for Benefit of Nonresident Distributee, No. 290. Order Appointing Appraisers on Execution Against Homestead, No. 2084. Order Appointing as Administrator Guardian of Person Entitled to Lettera of Administration, No. 1756. Order Appointing Commissioners to Make Partition in Probate, No. 2872. Cowdery's Form Book. 986 Order Appointing Commissioners to Make Partition on Distribution, No. 1576. Order Appointing Day for Hearing Application for Letters of Guardianship of Incompetent Person, No. 2004. Order Appointing Executor in Place of Executor Eemoved Because of Con- tempt of Court, No. 1854. Order Appointing Guardian ad Litem, No. 2&12. Order Appointing Guardian of Minors, No. 2005. Order Appointing Guardian of Incompetent Person, No. 2006. Order Appointing Guardian of Insane Person Where First Appointee Failed to Qualify, No. 2007. Order Appointing Eeferee to Settle Account, No. 25. Order Appointing Time for Hearing Petition for Probate of Foreign Will, No. 3985. Order Appointing Time for Hearing Petition for Order Directing Convey- ance of Land, No. 1837. Order Appointing Special Administrator, No. 1745. Order Appointing Trustee Under Will, No. 1823. Order Approving an Administrator's Agreement to Compound With a Debtor, No. 1846. Order Approving of Administrator's Payment of Debt Without Creditor's Affidavit, No. 1826. Order Assigning Estate of Fifteen Hundred Dollars, No. 1630. Order Assigning Homestead on Death of Head of a Family, No. 2991. Order Assigning Homestead to the Innocent Party on Divorce, Nos. 2078, 2079. Order Assigning Homestead to Widow — Common Property, No. 2995. Order Assigning Homestead to Widow — Separate Property, No. 2996. Order Authorizing Mortgage to be Given by Church or Society, No. 2714. Order Changing Name, No. 1304. Order Committing Administrator for Contempt for Disobeying Order of Court, No. 1129. Order Confirming Composition, No. 715. Order Confirming Report of Commissioners in Partition in Probate, No. 2875. Order Confirming Report of Commissioners in Partition in Probate and Directing Sale, No. 2876. Order Confirming Report of Majority of Appraisers of Homsetead, No. 3001. Order Confirming Sale of Contract to Purchase Land, No. 1835. Order Confirming Sale of Personal Property, No. 3111. Order Confirming Sale Made in Open Court, No. 3103. Order Confirming Sale of Real Estate, No. 3101. Order Confirming Sale of Real Estate by Authority of Will, No. 3102. Order Convicting of Contempt After Order to Show Cause, No. 1124. Order Denying Petition for an Order Directing Administrator to Convey Land, No. 1840. Order Directing Administrator to Execute Conveyance and Surrender Pos- session, No. 1842. Order Directing Administrator to Execute Lease, No. 3022. Order Directing Administrator to Recover Property, No. 1851. Order Directing Administrator to Show Cause Why He Should not be Ee- moved for Omitting to Cause After-discovered Property to be Appraised. No. 1815. Order IDirecting Attachment Against Administrator for Contempt in not Rendering Account, No. 1128. Order Directing Citation to Banker et al. in Proceedings to Recover Un- claimed Deposits, No. 1825. Order Directing Execution of Deed, No. 1841. Order Directing Executor to File Statement, No. 1814. Order Directing Executor to Invest Moneys in Bonds, No. 1834. 987 Orders. Order Directing Executor to Show Cause Why His Letters Should not be Eevoked for Failure to Return Account of Sale, No. 1808. Order Directing Further Notice upon Settlement of Account, No. 23. Order Directing Notice of Hearing of Petition for Partition in Probate, No. 2871. Order Directing Notice of Application for Partition on Final Distribution to be Given, No. 1575. Order Directing Notice of Proceedings for Eemoval of Executor to be Given by Publication and Mail, No. 1809. Order Directing Notice of Settlement of Account to be Given, No. 22. Order Directing Notice to Creditors, No. 2800. Order Directing Notice to Suspend Executor, No. 1805. Order Directing Publication of Notice of Application for Order Directing Executor to Invest Moneys of an Estate, No. 1832. Order Directing Summons in Unlawful Detainer to be Served by Affixing a Copy in a Conspicuous Place on Property, No. 3715. Order Directing Surviving Partner to Kender an Account, No. 1828. Order Dismissing Without Prejudice Petition for Order to Convey Land, No. 1839. Order Empowering Administrator to Mortgage, No. 3042. Order Establishing Fact That One of Two Executors is Absent from the State, No. 1802. Order Establishing Service of Notice on Petition to Determine Heirship, No. 2058. Order Expunging Claim, No. 706. Order Extending Time, No. 2843. Order Fixing Compensation of Appraisers on Execution Against Homestead, No. 2091. Order Fixing Day of Hearing Return of Sale of Real Estate, No. 3098. Order Fixing Time and Place of Hearing, and for Publication of Notice of Application for Dissolution, No. 1336. Order for Administrator to Give Further Security, No. 1793. Order for Alimony Pendente Lite, Costs and Counsel Fees, No. 1582. Order for Allowance Out of Income of Minor, No. 2032. Order for Attachment Against Administrator for not Rendering Account, No. 33. Order for Arrest, No. 441. Order for Choice of New Trustee, No, 693. Order for Citation to Administrator Requiring Him to Render Exhibit, No. 14. Order for Citation to Administrator to Account, No. 867. Order for Citation on Petition for Release of Surety, No. 1796. Order for Contribution by Legatee to Devisee Whose Devise has Been Sold to Pay Debts, No. 1236. Order for Custody Pending Guardianship Proceedings, No. 2001. Order for Defaulting Juror to Show Cause, No. 1121. Order for Defendant's Discharge After Bail Given, No. 484. Order for Defendant's Discharge After Bail Given on Appeal — Oregon and Alaska, No. 488. Order for Delivery of Property to Plaintiff — Oregon, No. 888. Order for Deposit Where Claimant Cannot be Found, No. 1404. Order for Equal Division of Homestead on Divorce, No. 2080. Order for Examination of Bankrupt, No. 696. Order for Examination of Debtor of Judgment Debtor, or of His Bailee, No. 3613. Order Forbidding Transfer of Property Alleged to Belong to Judgment Debtor, or upon Denial of Indebtedness to Him, No. 3615. Order for Family Allowance and Setting Apart Personal Property, No. 1876. Order Forfeiting Bail Money, No. 482. Order for Inspection, No. 2157. Cowdeby's Form Book. 988 Order for Jury Trial, No. 636. Order for Nonresident Witness to Attend, No. 3437. Order for Payment of Debts— Clause That Claim Disputed or Contingent not Due be Paid into Court, No. 1830. Order for Payment of Debts of Insolvent Estate, No. 1829. Order for Publication Where Defendant Resides Out of the State No. 3575 Order for Ecappraisement of Real Estate After Sale, No. 2202. ' Order for Removal of Trustee, No. 692. Order for Sale of Homestead and Division of Proceeds on Divorce No 2081 Order for Sale of Personal Property, No. 3074. ' Order for Support of Family Until Inventory Returned, No. 1874. Order for Writ of Assistance, No. 4000. Order for Writ of Certiorari to Issue, No. 859. Order for Writ of Habeas Corpus to Issue. No. 2042. Order Granting to Nonresident Guardian Leave to Remove Ward's Pronertv from State, No. 2023. ^ ^ Order of Adoption, No. 254. Order of Clerk Fixing Time and Plar-e for Hearing Application to Set+le First and Final Account and Petition for Final Distribution, No 20 Order of Discharge— To be Indorsed on Depositions and Statement, No 471 Order of Discharge After Bail Given— Alaska and Oregon, No. 474. Order of Distribution on Composition, No. 716. Order of Publication of Petition to Mortgage Property of Church or Society, iN O , ^ f J. o . Order of Publication of Order to Show Cause on Guardian's Application for Order of Sale of Real Estate, No. 2016, Order of Reference, No. 673. Order of Reference in Judge's Absence, No. 674 Order of Sale, No. 1644. Order of Sale of Mining Stock, No. 3086. Order of Sale of Personal Property upon Petition for Sale of Realty, No. oU82, Order of Sale of Real Estate, No. 3080. Order of Sale of Real Estate by Guardian, No. 2019. Order of Sale on Foreclosure of Mechanic's Lien, No. 1931. Order of Sale on Foreclosure of Mortgage, No. 1958. Order of Substitution — Justice's Court, No. 3503. Order Opening Default, No. 1503. Order Prescribing Notice of Application for Appointment of Guardian. No. 2003. ' Order Purging of Contempt, No. 1123. Order Recalling Execution, No. 1664. Order Reducing Claim, No. 705. Order Referring Claim to Referee. No. 1390. Order Reinstating Suspended Administrator, No. 1807. Order Rejecting Majority Report of Appraisers of Homestead, No. 3002. Order Releasing Surety, No. 1798. Order Removing Administrator After Contest of His Account, No. 1813. Order Removing Administrator for Failure to Give Notice to Creditors. No. 1810. ' Order Requiring Distributee to Refund, No. 1568. Order Requiring Notice of Hearing Petition for Restoration of Records No. 3291. Order Requiring Production of Will, No. 3951. Order Revoking Letters and Issuing Others to Person Having Prior Right, No. 1819. * ^ Order Revoking Letters After Commitment for Contempt, No. 1130. Order Revoking Letters After Commitment for Contempt for Failure to Account, No. 35. Order Revoking Letters for Failure to File New Bonds, No. 1794. 989 Orders. Form 2840 Order Eevolcing Probate of Will, No. 3982. Order Setting Apart Homestead and Permitting Execution Against Surplus, No. 2090. Order Setting Eeport of Appraisers for Hearing, No. 3000. Order Shortening Time for Examination of Witness, No. 1541. Order Staying Entry of Judgment on Award, No. 403. Order Suspending Executor, No. 1S04. Order Suspending the Powers of Administrator Until It can be Determined if He has Wasted Estate, No. 1816. Order That Application for Letters of Administration and Contest for Let- ters will be Heard Together, No. 1853. Order That Executor Give Bond Where Will Requires None, No. 1799. Order That Judgment Debtor Appear and Answer Concerning His Property, No. 3611. Order That No Trustee be Appointed, No. 686. Order That Property of Judgment Debtor be Applied to Satisfaction of Judgment, No. 3614. Order to Answer for Bailable Offense, No. 475. Order to Answer When Bail has Been Taken— To be Indorsed on "Com- plaint," No. 473. Order to Answer, Where Offense is not Bailable, No. 476. Order to Compromise Debt, No. 1845. Order to Produce Will, No. 3950. Order to Release Levy, No. 1674. Order to Satisfy or Answer a Complaint, No. 3206. Order to Sell Perishable Personal Property, No. 3075. Order to Show Cause on Application to Mortgage, No. 3041. Order to Show Cause on Change of Name and for Publication Thereof, No. 1302. Order to Show Cause on Creditors' Petition in Bankruptcy, No, 634. Order to Show Cause on Petition for Distribution, No. 1570. Order to Show Cause on Sale of Mining Stock, No. 3077. Order to Show Cause on Sale of Personal Property, No. 3076. Order to Show Cause on Sale of Real Estate. No. 3078. Order to Show Cause Why Entire Estate Should not be Set Over to Widow, No. 1629. ,, , ^^ Order to Show Cause Why Lease of Real Estate Should not be Made, No. 3021. Order to Show Cause Wty Party Should not be Punished for Contempt, No. 1122. Order Transferring Cause — .Justice's Court, No. 866h. Order Transferring Proceedings Back to Original Court, No. S66g. Order Transferring Proceedings on Account of Disqualification of Judge, No. h66e. Order Vacating Award and Ordering a Rehearing, No. 406. Order Vacating Judgment. No. 2260. Order Vacating Sale and Directing Resale on Failure of Purchaser to Comply With Bid, No. 3106. No. 2810. Order Shortening Time. [Title of Court and Cause.] Good canse appearing therefor, it is hereby ordered that the time of service of the foregoing notice and affidavit and of this order be, and the same is hereby, shortened, and that the same be served on or before Monday, the twenty-seventh day of February, A. D. 1917. Dated . Judge. Forms 2841, 2842 Cowdery's Form Book. 990 NOTE. — California, Code Civ. Proc, sees. 1005, 2031; Alaska, Comp. Laws 1913, sees. 1474-1490; Arizona, Eev. Stats. 1913, pars. 1689-1729 j Idaho, Rev.' Codes 1907, sees. 4882-4910. No. 2841. Order Transferring Cause. [Title of Court and Cause.] It being shown to the court, by E. T., Esq., of counsel for the defense, that the judge of this court was heretofore of counsel in a case involving tlie same title Avhich is in issue in this cause: Wherefore, it is ordered, tliat this cause be transferred to the superior court of Sutter county for trial. Dated . , Judge. NOTE.— California, Code Civ. Proc, sec. 398; Arizona, Rev. Stats. 1913, pars. 841-844; Idaho, Rev. Codes 1907, sees. 4126-4127. No. 2842. Order to View Locus in Quo. [Title of Court and Cause.] Whereas it appears to the court that it is proper and necessary that the jury should view certain places represented on the dSagram used in this case, marked "Map of Road from Julian to house of J. J. Bush, San Diego County, by C. J. Fox, 1884," hereinafter specified: It is ordered, that the jury be conducted in a body, in custody of the sheriff, to such places, and that the witness Valentine show to said jury the following places, viz.: 1. The hotel in Julian; 2. The blacksmith-shop; 3. The stable near said blacksmith-shop; 4. The road traveled by the witness and John Ivey the day of the killing of John Ivey, when they left Julian; 5. The place where he (Valentine) was when he first saw tlie defendant, J. J. Bush, after leaving Julian on the day of the killing; 6. The place where he (Valentine) was when he next saw the defendant, J. J. Bush; 7. The places on the road where the said Bush was when he (Valentine) saw him at the two times before mentioned; 8. The place where the killing of John Ivey took place; 9. The rock near by marked on said map; 10. The trail going to the house of J. J. Bush from the Julian road; and that said sheriff return said jury into court without unnecessary delay. It is ordered that the interpreter, William Lyons, heretofore sworn as such in this case, accompany the witness Valentine, and that a copy of this order be furnished said slieriff, and be interpreted to said witness Valentine, so that he may be enabled to point out the said places. Dated . , Judee of Superior Court. NOTE. — ^Precedent in People t. Bush, 68 Cal. 625, 10 Pac. 169. 991 Orders — Partition. Forms 2843-2860 No. 2843. Order Extending Time. [Title of Court and Cause.] Good cause being shown therefor, it is ordered that the time for defendant to answer the complaint in the above-entitled action is ex- tended ten days from the date of this order. Dated . , Judi?e. NOTE. — When an act to be done, as provided in the Code of Civil Pro- cedure, relates to the pleadings in the action, the undertakings to be tiled, the justification of sureties, the preparation of statements, or of bills of exceptions, or of amendments thereto, or to the service of notices other than of appeal, the time allowed by the code may be extended, upon good cause shown by the judge of the superior court, in and for the county in which the action is pending, or by the judge who presided at the trial of said action, but such extension shall not exceed thirty days, without the consent of the adverse party. Wlien it appears to the judge to whom said application is made that the attorney of record for the party applying for said extension is actually engaged in attendance upon a session of the legis- lature of this state, as a member thereof, in which case it shall be the duty of the judge to extend said time until the session of the legislature fvdjourns, and thirty days thereafter; but such extension shall not exceed thirty days without the consent of the adverse party: California, Code Civ. Proc, sees. 1005, 1054; Idaho, Kev. Codes 1907, sees. 4882-4932; Montana, Rev. Codes, sec. 7141. PARTITION. See Partition in Probate. 2860. Complaint for partition of real property. 2861. Complaint for partition of land held in common with estate. 2862. Notice of pendency of action for partition. 2863. Summons in partition. 2864. Statement, in summons in partition. 2865. Confirmation of partition made by referee. 2866. Decree of partition. No. 2860. Complaint for Partition of Real Property. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That he and the defendants, and , are the owners as tenants in common of the following described real property, situate in the county of , state of , particularly described as follows, to wit: , and that they are now in possession of said premises. 2. That the plaintiff has an estate of inheritance therein to the extent of one undivided third part or interest in the fee thereof, and that each of the said defendants, and , has a similar interest and estate tlierein, to wit, an undivided third part thereof. 3. That there are no liens or enciunbrances thereon appearing of record, and that no person other than the plaintiff and said defendants is interested in said premises as owner or otherwise. Form 2861 Cowdery's Form Book. 992 Wherefore the plaintiff demands judgment: For a partition of the said real property, according to the respective rights of the parties aforesaid; or, if a partition cannot be had with- out material injury to those rights, then for a sale of the said premises, and a division of the proceeds between the parties according to their rights. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 752. See, also, Alaska, Comp. Laws 1913, sees. 1229, 1275; Arizona, Eev. Stats. (Civ. Code 1913), see. 1043; California, Code Civ. Proc., sec. 1684; Colorado, Mill's Ann. Stats. 1912, see. 5334 et seq.; Hawaii, Rev. Code 1915, see. 2272 et seq.; Idaho, Rev. Codes 1907, see. 5640; Kansas, Gen. Stats. 1915, sec. 7543 et seq.; Montana, Rev. Codes 1907, see. 7687; Nebraska, Rev. Code 1913, see. 8285 et seq.; Nevada, Rev. Laws 1912, sees. 5527-5583; New Mexico, Stats. Ann. 1915, see. 4379 et seq.; North Dakota, Comp. Laws 1913. sees. 8024- 8072; Oklahoma, Harris & Day's Code 1910, sees. 4940-4955; Oregon, Lord's Oregon Laws, sec. 435 et seq.; South Dakota, Comp. Laws 1913, see. 5362 et seq.; Utah, Comp. Laws 1907, see. 3522 et seq.; Washington, Rem. Code, sec. 1600; Wyoming, Comp. Stats. 1910, see. 4941. No. 2861. Complaint for Partition of Land Held in Common With Estate. [Title of Court and Cause.] Plaintiff complaining avers that on or about the twentieth day of June, 1901, she and the defendant, B. and S. D., deceased, purchased from the owner those certain parcels of real property situate in the city and county of San Francisco, in the state of California, constituting part of blocks numbers one hundred and sixty-three and one hundred and eiii'hty-six of the Central Park Homestead Association, and bounded as follows: [Description.] That the plaintiff, the defendant B. and said S. D., deceased, each contributed and advanced the equal one-third of the purchase price of said real property, but it was agreed between them that the property should be conveyed to the defendant B., and that he should hold the legal title thereto in trust one-third for this plaintiff and one-third for the said S. D., and thereafter the legal title to such property was conveyed to the said B., and has ever since re- mained vested in him. That thereafter, on or about the twentieth day of August, 1901, the defendant B. made, executed and delivered to the plaintiff a certain instrument in writing by him subscribed, wherein and whereby he acknowledged that he held the undivided one-third of botli said parcels of real property in trust for the plaintiff, and ever after the date last named and until the death of S. D. hereinafter stated, the plaintiff, the defendant B. and the said S. D. owned and held all the said real property as tenants in common thereof, and the plaintiff and said B. remained tenants in common thereof, each continuing to be the owner and holder of the equal undivided one-third thereof. That on the fifth day of April, 1914, the said S. D. died testate in said city and county, and by his last will and testament devised the 993 Partition. Form 2862 undivided one-half of all his property to his sister, J. D., and the other undivided one-Iialf thereof to his nephews and nieces and his grand- nephews and grandnieces, share and share alike, and appointed the defendant J. C. R. executor of his said last will. That by an order of the superior court of the said city and county, duly given, made, and entered on the thirteenth day of May, 1914, the said J. C. R. was appointed the executor of the last will and testament of the said S. D., deceased, and said R. thereafter, on the same day, qualified as such, and thereafter on the same day there was issued to him out of said court letters testamentary on the estate of said S. D., and ever since the said last-na)ned date the defendant J. C. R. has been and still is the duly qualified and acting executor of the estate and will of said S. D., deceased. That thereafter and prior to the first day of October, 1914, the said J. D. died, as plaintiff is informed and believes, unmarried, intestate and childless, and leaving as her sole heirs at law her nieces and nephews, who are the same persons who are the nephews and nieces of the said S. D., deceased. That the said S. D. left surviving him, as plaintiff is informed and believes, one nephew named H. W. D., and one niece, the defendant, M. G. S., and, as said plaintiff is informed and believes, the following grandnephews and grandnieces, to wit, the de- fendants S. C. S., M. B. D. and S. D. That the estate of said S. D., deceased, has never been distributed by any order of court or otherwise, and his will admitted to probate as afosesaid remains subject to contest. That there may be other grand- nepliews and grandnieces of the decedent, S. D., not hereinbefore named who are not knov/n to this plaintiff, and the plaintiff desires to proceed against all persons having any interest in the estate of S. D. and not hereinbefore named as persons unknown. That the plaintiff desires to have partition made of all the real prop- erty hereinbefore described, and that the undivided one-third thereof in value be set aside to her in severalty. Wherefore, the plaintiff prays that the real property hereinbefore described be partitioned and the undivided one-third thereof in value set aside to her to hold in severalty, that another undivided one-third be set aside in like manner to the defendant, G. B., and that the remain- ing one-third be in like manner set aside to the heirs and devisees of S. D., deceased. Plaintiff j^rays for such other, further, and different relief as maj' to the court seem meet and equitable, including the allow- ance to her of costs of suit and compensation for her counsel herein. [Signature.] No. 2862. Notice of Pendency of Action for Partition. [Title of Court and Cause.] Notice is hereby given that an action has been commenced in this court, upon a complaint of the above-named plaintiff, against the above- Form Book — 63 Form 2863 Cowdery's Form Book. 994 named defendants, for the piarpose of obtaining a partition and division of the premises therein described among the owners tliereof, [or, for a sale thereof, under the direction of this court, and for a division of the proceeds of such sale among such owners], according to their re- spective rights, which jiremises were, at the time of the commencement of this action, and at the time of filing this notice, situate in , in the county of , state of , and are described in the said com- plaint as follows: . Dated , 19—. [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 755. This notice must be filed by the plaintiff immediately after his complaint is filed, and be recorded in the office of the recoriler of the county, or of the several counties in which the property is situated. No. 2863. Summons in Partition. [Title of Court and Cause.] The People of the State of Send Greeting to [giving the names of all persons named as defendants in the complaint, with the further required statutory direction to persons unknown, where the. complaint shows that some person, whose name is unknown to plaintiff, has or claims any interest in or lien upon the property sought to be partitioned; as, and to , executor of the last will of , deceased, and all joint tenants and tenants in common, and all persons having any interest in or lien of record by mort- gage, judgment, or otherwise, upon the property hereinafter de- scribed, or any part thereof, and to all persons unknown who have or claim any interest in said property, defendants]. You are hereby directed to appear and answer the complaint in an action entitled as above, brought against you in the court of the county of , state of , within ten da^'s after the service on you of this summons, if served within said county, or within thirty days if served elsewhere. It is sought by said complaint to have the following described prop- erty partitioned, to wit: ; and you are hereby notified that unless you appear and answer as above required, the said plaintiff will take judgment for any money or damages demanded in the complaint as arising upon contract, or will apply to the court for any other relief demanded in the complaint. [Seal] [Signature.] NOTE.— See Cal. Code Civ. Proc, sees. 407, 756. After the last word of the summons, "complaint," it is sometimes deemed advisable to insert the apparently unnecessary words "including the parti- tion of the real property hereinbefore described." Without these words in the summons, it is sometimes difficult to obtain a loan secured by mortgage on the land partitioned in an action where service was by publication, or judgment by default had. If the complaint were published with the sum- 995 Partition. • Forms 2864, 2865 mons, the quoted words would be useless, but the statute docs uot provide for that, and a publication of the summons merely, without such words, might not inform defendants fully enough of the prayer of the complaint. No. 2864. Statement, in Summons in Partition. The said action is brought to obtain a decree from said court that the property named in the complaint, being the rancho known as the , situated, lying and being partly in the county of , and partly in the county of , state of , known as the , bounded and described as follows: , containing acres, be sold, and the proceeds of such sale be divided among the parties according to their respective rights and interests, in case the court shall deem that a partition of the same cannot be made without great prejudice to the owners; but in case the coiart sliall deem that partition can be made without great prejudice to the owners, then that the court order a partition of the same, according to the respective rights of the parties, as ascertained by the court, and appoint a referee or referees thereof, and designate the portions to remain undivided, in case there shall appear to be owners whose interests remain unknown, or are not ascer- tained, and for such other and further relief as shall appear to the court to be just and equitable in the premises. And you are notified [etc.]. NOTE. — This form is to be used in those states where such statement is required to be made in the summons. No. 2865. Confirmation of Partition Made by Referee. [Title of Court and Cause.] Now comes , referee appointed by the court to make partition herein, and reports as follows: [stating facts found as to exist- ence of liens or encumbrances, whether paid or not, amounts due, if any, order of liens or encumbrances, whetlier amounts due thereon are secured in any manner, and, if secured, the nature and extent of the security ; and also the facts of the partition made by the referee] ; and the court, having examined said report and heard the evidence offered, and it appearing to the court that all things directed by law to be done prior to this order of confirmation have been done, approves said report and confirms said partition. It is therefore ordered, adjudged and decreed by the court that said partition so made by said referee be confirmed, and the same is hereby confirmed and made effectual between said parties, and that in accord- ance therewith there be vested in , in severalty, in lieu of hia undivided share of said estate, the property described as follows, to wit: . The property so partitioned is described as follows, to wit : . Dated , 19—. -, Judge of the Court. NOTE.— See Gal. Code Civ. Proc., sees. 761, 762, 764, 765. "Forms 2866-2870 Cowdery's Form Book. 996 No. 2866. Decree of Partition. [Title of Court and Cause.] This matter having been heard and submitted to the court for judg- ment, and it appearing to the court that all things directed by law to be done have been done prior to this order of confirmation: It is ordered, adjudged and decreed that said partition so made by said commissioner be confirmed, and the same is hereby confirmed between said parties, and that in accordance therewith there be vested in A. B. C, in severalty, in lieu of his undivided share of said estate, the property described as follows, to wit: [Description]. [Proceed with others in same manner.] The property to be so partitioned is described as follows, to wit: [Description] . Dated , 19—. , Judge. NOTE.— California, Code Civ, Proc, sec. 1684. PARTITION IN PROBATE. 2870. Petition for partition In prolaate. 2Sf71. Order directing notice of hearing of petition for partition in pro"bate. 2872. Order appointing commissioners to make partition in probate. 2873. Notice to appear before commissioners in partition in probate. 2874. Report of commissioner in partition in probate. 2875. Order confirming report of commissioners in partition in probate. 2876. Order confirming report of commissioners in partition in probate and directing sale. No. 2870. Petition for Partition in Probate. [Title of Court and Cause.] To the Honorable Superior Court aforesaid: Tlie petition of respectfully represents: That heretofore letters of administration were duly issued herein to , and he immediately entered upon his duties as administrator of said estate of , deceased; That said estate has been fully administered, that a petition for final distribution has been filed and is now pending, but that a decree of distribution has not yet been entered; That the decree of distribution, when made herein, will assign the real property of said estate, in common and in undivided shares, to the heirs of said deceased, who are named in said petition, and who are your petitioner, , , and . Wherefore your petitioner prays that an order of this court be made and entered appointing commissioners to segregate and assign to each one of said heirs his sliare of said real estate. f Petitioner. , Attorney for Petitioner. 997 Partition in Probate. Forms 2871-2873 No. 2871. Order Directing Notice of Hearing of Petition for Partition in Probate. [Title of Court and Estate.] The petition of , praying for the partition of the estate of , deceased, heretofore distributed in undivided shares by the decree of this court to the heirs of said deceased, having been filed herein, it is ordered that Monday, the first day of , 19—, at — o'clock in the afternoon, and the courtroom of this court in , in the county afore- said, be and the same hereby are appointed as the time and place for hearing said petition, and it is further ordered that notice of said hearing be published daily for at least ten days before said hearing, in the " ," a newspaper published in said county. ' * , Judee of Superior Court. No. 2872. Order Appointing Commissioners to Make Partition in Probate. [Title of Court and Estate.] The petition of , praying for the appointment of commissioners to make partition of the property of the estate of , deceased, coming on regularly this day for hearing, and it appearing that due and legal notice thereof has been given as required by law and the order of this court, and it appearing that a decree of distribution has been made and entered herein, distributing said property in undivided shares to those entitled thereto, and that it is necessary to appoint said commissioners to make a partition thereof: It is ordered that , , and , be and they are hereby ap- pointed commissioners to make partition of said property to those enti- tled thereto, in accordance with the decree of distribution heretofore entered herein. * * , Judge of Superior Court. No. 2873. Notice to Appear Before Commissioners in Partition in Probate. [Title of Court and Estate.] To [here insert the names of all parties interested in the estate, includ- ing the administrator] : You are hereby notified that the undersigned commissioners, here- tofore appointed to make partition of the above-entitled estate, will meet at the office of , street, , California, at — o'clock — M., on the day of , 19 — , to make said partition, at which time you may produce any testimony relevant to such matter. Dated , 19—. Commission erB. Forms 2874, 2875 Cowdery's Form Book. 998 No. 2874. Report of Commissioners in Partition in Probate. [Title of Court and Estate.] To the Honorable Superior Court aforesaid: The undersigned, heretofore appointed by this court to make partition of the estate of , deceased, in pursuance of an order of distribution heretofore made and entered herein (a certified copy of which said order of distribution and order appointing said commissioners was duly issued to us as our commission to act as such commissioners, and is annexed hereto), respectfully make the following report: 1. That in pursuance of law, our oath of office as such commissioners was indorsed upon our said commission, and was subscribed by each of us, and we each took said oath of office before an officer authorized to administer oaths and certify thereto, and said oath has been prop- erly certified by said officer, all of which will fully appear by reference to said commission above referred to ; 2. That we as such commissioners gave due notice of the time and place when and where they would make said partition to all persons interested therein; 3. That in pursuance of said notice, and at the time and place men- tioned therein, to wit, at , said commissioners met, all being pres- ent, and proceeded to hear the allegations and proofs of the interested parties, and to make partition of said property; 4. That after hearing said proofs and allegations, and after viewing the said property, said commissioners find a partition thereof cannot be had without prejudice and inconvenience to the owners thereof; 5. That the true value of said property is as follows [here insert a list of the properties, describing them and stating the value of each parcel separately] ; 6. That we recommend that the whole of said property be assigned to , one of said interested parties, who elects to take the same and pay the value thereof. bated , 19—. Commissioners. No. 2875. Order Confirming Report of Commissioners in Partition in Probate. [Title of Court and Estate.] The report of , , and , the commissioners heretofore appointed by this court to make partition of the property of the above- named estate, having been filed herein, and it appearing therefrom that Baid commissioners have performed their duties as required by law: It is therefore ordered that said report be and the same is hereby confirmed. 999 Partition in Probate — Partnership. Forms 2876, 2880 It is further ordered that said property be distributed as follows, in pursuance of said report [here insert distribution as reported by commissioners, giving: the name of the party to whom each parcel is distributed, together with a description of the parcel distributed to such ])erson]. Dated , 19—. , Judge of Superior Court. No. 2876. Order Confirming Report of Commissioners in Partition in Probate and Directing Sale. [Title of Court and Estate.] The report of , , and , the commissioners heretofore ap- pointed by this court to make partition of the property of the above- named estate, having been filed herein, and it appearing therefrom that said connnissioners have performed their duties as required by law; It is therefore ordered that said report be and the same is hereby confirmed; and it appearing from said report that the property of said estate cannot be divided without prejudice to the owners, and that the true value of said property as shown by said report is ten thousand dollars, and that no one of the owners will take all of said property and pay its said value so that the money accruing therefrom may be divided among those entitled thereto, and it further appearing that in order to secure an equitable division of said property a sale thereof is necessary; It is further ordered that the whole of said property of said estate be sold accordinu- to law, and that the proceeds of such sale be divided in equal shares among the owners of said property, to wit, and . PARTNERSHIP. 2880. Articles of copartnership. 2881. Articles of copartnership hetween merchants. 2882. Eenewal of partnership to he indorsed on original articles. 2883. Dissolution of partnership to be indorsed on the original articles. 2883a. Certificate of copartnership. 2884. Assigmnent of partnership property and debts by one partner to an- other on dissolution. 2885. Certificate of residence of partnership. 2886. Notice of dissolution of copartnership. 2SS7. Complaint against partners. 2888. Complaint by surviving partner. 2889. Answer alleging partnership agreement. No. 2880. Articles of Copartnership. Articles of copartnership, made and entered into the twenty-first day of December, in the year of our Lord one thousand nine hundred and seventeen, between J. H., of the city and county of San Francisco, Form 2880 Cowdery's Form Book. 1000 state of California, C. H., of said city and county, and J. S., of the same place. The said parties above named have agreed, and by these presents do agree, to become copartners in business together, under and by the name, firm, and style of "IT. & Co.," in the business of groceries and provisions, and in buying, selling, and vending all sorts of goods, wares, and merchandise to said business belonging, and to occupy the store at No. 213 Battery street, in said city and county of San Francisco ; their copartnership to commence on the first day of July, 1918, and to continue five years thence next ensuing, fully to be completed and ended, and to that end and purpose the said parties have delivered in as capital stock the sum of thirty thousand (30,000) dollars. United States gold coin, share and share alike, to be used and employed in common between them, for the support and management of the said business, to their mutual benefit and advantage. And it is agreed, by and between the said parties, that at all times during the continuance of their copartnership, they and each of them will give their attendance, and do their and each of their best endeavors, and to the utmost of their skill and power exert themselves, for their joint interest, profit, benefit and advantage, and will buy and sell merchandise with their joint stock, and the increase thereof, in the business aforesaid; that they shall and will, at all times during their copartnership, bear, pay, and discharge, equally between them, all rents and other expenses that may be required for the support and manage- ment of the said business; that all gains, profits and increase tliat shall come, gi'ow or arise from or by means of the said business, shall be divided between them, share and share alike; and all loss that shall happen to their said joint business, by bad debts, or otherwise, shall be borne and paid equally between them; that there shall be kept, at all times during the continuance of their copartnership, perfect, just and true books of accounts, wherein each of the said copartners shall enter and set down, as well all money by them, or either of them, re- ceived, paid, laid out, and expended in and about the said business as also all the goods, wares, commodities and merchandise, by them or either of them bought or sold, by reason or on account of the said business, and all other matters and things whatsoever to the said busi- ness and management thereof in any wise belonging; which said ])ooks shall be used in common between the said copartners, so that either of tliem may have access thereto witliout any interruption, or hindrance of the other; that the said copartners, once in each year, during the con- tinuance of the said copartnership, as aforesaid (to wit, on the first day of January, in each year), or oftener if necessary, shall make, yield, and render, each to the other, a true, just and perfect inventory and account of all the profits and increase by them, or either of them, made, and of all loss, by them, or either of them, sustained; and also, of all payments, receipts and disbursements and of all other things by them 1001 Partnership. Form 2881 made, received, disbursed, acted, or sulTercd, in their said business; and the same account bein<; so made they shall and will clear and adjr.st, each to the other, at the time, their just sliare of the profits so made as aforesaid [that during the continuance of the said copartnership, neitlier of them shall or will indorse any note, or otherwise become security for any person or persons whomsoever, without the consent of the other said copartner] ; that at the end, or other sooner deterjuina- tion of their copartnership, the said copartners, each to the other, shall and will make a true, just and final account of all things relating to their said business; and in all things truly adjust the same; and that all and every stock and stocks, as well as the gains and increase thereof, whicli shall appear to be remaining, either in moneys, goods, wares, fix- tures, debts or otherwise shall be divided between them, share and share alike. [Signatures.] No. 2881. Articles of Copartnership Between Merchants. Articles of agreement, made and entered into this sixth day of June, 1917, between A. B., of, etc., of the one part, and C. D., of, etc., of the other part, witnesseth as follows: The said A. B. and C. D. have joined, and by these presents do join themselves, to be copartners together, in the business of general country merchants, and all things thereto belonging; and, also, in buying, sell- ing, and retailing all sorts of wares, goods, merchandise and commodi- ties, and all kinds of produce usually kept and sold in a country store, and in such commission business as may appertain to the same; whicli said copartnership is to be conducted under the name, style, and firm of B. & D., at the town of Dutch Flat, county of Placer, state of California, and shall continue from the first day of July 1917, for and during, and unto the end and term of two years, from thence next ensuing, fully to be complete and ended. And to that end and purpose the said parties to these presents have, the day of the date hereof, delivered in as stock the sum of one thou- sand dollars, share and share alike, to be used, laid out, and employed in common between them for the management of the said business, as aforesaid, to their mutual benefit and advantage; and it is agreed be- tween the said parties to these presents, that the capital stock of the firm hereby constituted shall be made and kept up to the sum of one thousand dollars, share and share alike; that the same may at any time be reduced or extended by agi-eement between the parties hereto; and that the said capital stock, together with all credits, goods, wares or commodities bought or obtained by the said firm, by barter or otlierwisc, shall be kept, used and employed in and about the business aforesaid; and, for that purpose, each partner shall have power to use the name of the firm, and to bind the same, in making contracts and purchasing goods at the city of San Francisco or elsewhere, and in othervnse trading, buy- Forms 2882-2883a Cowdery's Form Book. 1002 ing and selling on account of the said firm, and for the henefit and be- hoof thereof, and not otherwise; provided however, tliat neither party shall contract liabilities in the name and on the credit of the firm, in purchasing and replenishing tlieir stock of goods, and mereliandise, to exceed the sum of five hundred dollars, without the consent of the other partner; and, also, that neither of the said copartners shall or will, dur- ing the said term, exercise or follow the trade or business of merchan- dising, as aforesaid, in the said county of Placer, for his private benefit or advantage; but shall, at all times, do his best endeavor, ii) and by all lawful means, to the utmost of his skill and power, for the joint interest, profit, benefit, and advantage of the firm aforesaid; and truly employ, buy, sell, and merchandise with the stock aforesaid, and the increase and profit thereof, in the business of merchants aforesaid ; and, also, that the said parties shall and will, at all times during the said copartnership, bear, pay and discharge equally between them all rents and other expenses. [Signatures.] No. 2882. Renewal of Partnership to be Indorsed on Original Articles. Whereas, the partnership formed by and mentioned in the within article of agreement has this day expired [or, will expire on the first day of July next] by the limitations contained therein ; it is therefore hereby agreed, that the same shall be continued, on the same terms, and with all the provisions and restrictions in said agreement mentioned, for the furtlier term of four years from this date [or, from the first day of October, 1917]. [Signatures.] No. 2883. Dissolution of Partnership to be Indorsed on the Original Articles. By mutual consent of the undersigned, the parties to the within agree- ment, the partnership thereby formed is whollj' dissolved, except so far as it may be necessary to continue the same for the final liquidation and settlement of the business thereof; and said agreement is to continue in force for such purpose until such final liquidation and settlement be made, and no longer. [Signatures.] No. 2883a. Certificate of Copartnership. State of , County of , ss. We, the undersigned, do hereby certify that we are partners transact- ing business in this state, in the county of , under the firm name and style of ; that the names in full of all the members of such part- 1003 Partnership. Form 2884 nership are and ; and that the places of our respective resi- dences are set opposite our respective names hereto subscribed. In witness whereof we have hereunto set our hands this day of , 19—. Names. Residences, [To be acknowledged.] NOTE. — To be filed with the clerk of the county in which the prrneipal place of business is situated: See Cal. Civ. Code, sees. 2466, 2468. No. 2884. Assignment of Partnership Property and Debts by One Part- ner to Another on Dissolution. Whereas , of , county of , state of , party of the first part, and , of the same place, party of the second part, were lately copartners in the business of printing, which partnership was dissolved and determined on the day of , 19 — ; and Whereas many debts due and owing to the said parties on aecount of their said copartnership are still outstanding, and debts due by the said firm are yet unpaid; and Whereas it is agreed between the parties hereto that the said shall assign and release to the said all his interest in the stock in trade, goods and effects belonging to the said firm, and in the debts now owing to the said firm, and that the said shall assume all the debts and liabilities of the said firm, and shall discharge and indemnify the said from all liabilities and losses arising from the said partner- ship : Now therefore, in pursuance of the said agreement, and in considera- tion of the sum of dollars ($ ), paid and secured to the said , he, the said , doth hereby assign to the said all his right, title and interest in and to all stock in trade, goods, merchandise, ma- chinery, tools, books, leasehold premises, and effects belonging to the said partnership, of whatever kind or nature and wlicresoever situated ; also all his right, title and interest in and to all the debts of money now due and owing to the said firm, whether the same be by bond, bill, note or account, or otherwise; and the said doth hereby make and ap- point the said , his executors, administrators and assigns, his attor- ney and attorneys in fact to receive all and several the debts and sums of money above mentioned to his and their own use and benefit; and doth hereby authorize the said , his executors, administrators and assigns, to demand, collect and sue for the said debts and sums of money, and to use his, the said 's, name in any way or manner that the collection, recovery, and realization of the said debts and demands may render necessary, as well in court as out of court, but at tlie cost and expense of said , and without cost or damage to the said . And the said doth hereby further authorize the said to convey and Forms 2885, 2886 Cowdery 's Form Book. 1004 transfer to his own name, and for his own use and benefit, any and all sums of money and effects, real and personal estate, which may be taken or received in the name of tlie said firm, and to hold the same free from all claims of the said , his executors, administrators or assigns. And in pursuance of the said agreement, the said , for himself, his executors and administrators, doth hereby covenant to and with tlie said , his executors, administrators and assigns, that he, the said , and his executors, administrators, and assigns, shall pay and dis- charge, and at all times hereafter save harmless and indemnify the said , his executors, administrators and assigns, from and against all and every the debts, duties and liabilities which, at the dissolution and termi- nation of the said partnership, were due and owing by the said firm to any person or persons for any matter or thing touching the said part- nership, and of and from all actions, suits, costs, expenses and damages for or concerning the said debts, duties and liabilities, unless the said • shall have contracted any debts or incurred any liabilities, in the name and on account of the said firm, which are unknown to the said , and do not appear in the books of the said firm ; for which, if any such exist, the said does not hereby intend to make himself answer- able. In witness whereof the parties hereto have set their hands this day of , 19 — . [Signatures.] Executed in duplicate in presence of , No. 2885. Certificate of Residence of Partnership. State of , County of , ss. , , and , being duly sworn, say that they are partners, doing business in said state under the firm name and style of , and that the place of residence of said firm, and the place where service of summons may be made upon it, is f county of , state of Subscribed and sworn to [etc.]. [Signatures.] [Official signature.] NOTE.— See Cal. Civ. Code, sec. 1163. This certificate may be recorded without acknowledgment, and can bo easily adapted to a case in which a partnership uses a fictitious name. In the latter case, however, the certificate must be signed by the partners, acknowledged, published, and filed with the county clerk, else no action can be maintained upon or on account of any contracts made or transactions had in their partnership name: See Cal. Civ. Code, sec. 2468. No. 2886. Notice of Dissolution of Copartnership. Dissolution of Copartnership. The copartnership heretofore existing under the name and style of , in the city of , is this day dissolved by mutual consent. All 1005 Partnership. Forms 2887-2889 persons who are indebted to the undersigned are respectfully requested to come forward and make payment immediately. Dated at , this day of , 19 — . [Signatures.] NOTE. — A clause is sometimes inserted here, stating that the partners have sold their stock and business to [naming the buyers], who will conduct and carry on said business. This, however, is for business pur- poses, and is not necessary: See Cal. Civ. Code, sees. 2449, 2453. No. 2887. Complaint Against Partners. [Title of Court and Cause.] The plaintiff complains of the defendants, and alleges: 1. That at the time hereafter mentioned tlie defendants were copart- ners, and doing business as merchants, or traders, at the city of , under the firm name of . 2. [State cause of action.] Wherefore [etc.]. [Signature.] No. 2888. Complaint by Surviving Partner, [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That at the time hereinafter mentioned the plaintiff and one ■ were partners, doing business as merchants, or traders, at the city of , under the firm name of . 2. That [etc., alleging cause of action]. 3. That on the day of , 19 — , at , said died, leaving the plaintiff the sole survivor of the said firm. Wherefore [etc.], [Signature.] No. 2889. Answer Alleging Partnership Agreement. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That the contract set forth in the complaint was not made by him individually, but by him and one jointly, as partners, under the firm name of . 2. That the said is still living. [Signature.] [Verification.] l''orm290Q Cowdeby's Form Book. 1006 PARTY-WALLS. 2900. Agreement as to party-wall. 2901. License to use wall of adjoining building. No. 2900. Agreement as to Party-wall. This agreement, made this day of , 19 — , between , cov- enantor, and , covenantee, witnesseth: Whereas the said covenantor is the owner of the following-described property in the county of , state of , to wit: ; and whereas said covenantee is the owner of the following-described property in the said county of , state of , to wit: ; which last-named prop- erty adjoins the above-described property of the covenantor on the east ; and whereas said covenantor is about to erect a building on his prop- erty above described, and said parties deem it to their mutual advantage that a party-wall shall be erected for their joint benefit: Now therefore, in consideration of tlie premises, it is hereby cov- enanted and agreed by the parties hereto for themselves, and their re- spective heirs, executors, administrators and assigns, as follows: That said covenantor shall and hereby agrees to build a party-wall described as follows: ; that, in building said party-wall, the said covenantor shall make use of a strip inches wide along the west side of said property of the covenantee for the purpose of making a foundation on which to erect said party-wall; and that said wall shall stand one-lialf on the land of each of the parties liereto; said wall is to be built at the cost and ex]Dense of said covenantor. It is further covenanted and agreed by said parties hereto, for them- selves, their heirs, executors, administrators, and assigns, that whenever said covenantee, his heirs, executors, administrators or assigns, shall de- sire to use said party-wall or any part thereof, he or they sliall be at liberty to do so on paying to said covenantor, his heirs, executors, admin- istrators or assigns, the sum of cents per square foot of surface for that portion of said party-wall against which any building erected by said covenantee shall adjoin or abut ; it being understood and airrced that any building so erected by the covenantee shall be considered to adjoin or abut against the surface of said party-wall from the bottom of the foundation over the full length and height of any building so erected by the covenantee. And upon such payment being made to said covenantor, his heirs, executors, administrators or assigns, said covenantee shall have the right to use said party-wall jointly with the covenantor. It is further mutually covenanted and agreed by the parties hereto, for themselves, and their respective heirs, executors, administrators and assigns, that should said party-wall at any time while in use by both parties as aforesaid be injured by other cause than the act or negligence of either party, the same shall be repaired or rebuilt at their joint ex- 1007 Party-walls. Form 2901 pense; provided tliat any sum received from insurance atjainst such injury or destruction sliall be first applied to such restoration. It is further mutually agreed and understood by the parties hereto, for themselves, and their respective lieirs, executors, administrators and assigns, that this instrument sliall be perpetual, and that the covenants herein contained shall run with both parcels of land above described; but it shall not liave tlie effect to convey to either party the fee to any part of the land owned by the other prior to execution hereof; the creation of the right to a perpetual party-wall being the sole purpose hereof. Witness the hands of the parties above named hereunto set the day and year first herein above written. [Signatures.] [Acknowledgment.] NOTE. — All agreements concerning or affecting real property must be acknowledged, or proved, and recorded, in order to affect third persons with notice: See Cal. Civ. Code, sec. 1214. No. 2901. License to Use Wall of Adjoining Building. Whereas , of the city of , party of the first part, is the ov,'ner of a house and lot numbered in street, in the city of , and , of , party of the second part, is the owner of a lot adjoin- ing the same, on the east side thereof, on which said last-named lot tlie said is about to erect a frame building, and desires permission to insert the beams and floor timbers thereof into the east wall of the house belonging to : Now, therefore, this agreement, made between said parties on the day of , 19 — , witnesseth, that the said , in consideration of the sum of dollars ($ ) to him paid, the receipt whereof is hereby acknowledged, hereby grants to, and covenants with, the said , his heirs, executors, administrators and assigns, that he and they may, in the erection of said frame building, insert tlie beams and floor timbers thereof into the said east wall of the house aforesaid, and that the same may there remain so long as said wall shall stand. The covenants afore- said are to run with the land and to bind the parties hereto, their heirs and assigns. Witness our hands this day of , 19 — , [Signatures.] [Acknowledgment.] Forms 2920-2922 Cowdery's Form Book. 1008 PATENTS. 2G20. Petition by a sole inventor. 2921. Petition by joint inventors. 2922. Petition by inventor for assignee. 2923. Petition by administrator for letters patent. 2924. Petition by executor for letters patent. 2925. Petition for a reissue (by the inventor). 2926. Petition for letters patent for a design. 2927. Power of attorney. 2928. Specification for a niachine. 2929. Specification for a process. 2930. Specification for a compcsition of matter. 2931. Specification for a design. 2932. Oath by an applicant for a reissue of patent. 2933. Assignment of tlie entire interest in an invention before the issue of letters patent. 2934. Assignment of the entire interest in letters patent. 2935. Assignment of an undivided interest in the letters patent and exten- sion thereof. 2936. License — Exclusive territorial grant by an assignee. 2937. License — Shop right. 2938. License — Not exclusive, with royalty. 2939. Assignment of a patent — -Long form. 2940. Assignment of an undivided fractional interest In an Invention before the issue of letters patent. 2941. Assignment of territorial interest after grant of patent. 2942. Petition by alien inventor. CROSS-REFERENCES. Patent for Mining Claim. See Mining. No. 2920. Petition by a Sole Inventor. To the Commissioner of Patents : Yonr petitioner, a citizen of the United States, prays that letters patent may be granted to him for the inveution set forth in the annexed specification. [Dated.] ^ 3^ No. 2921. Petition by Joint Inventors. To the Commissioner of Patents : Your petitioners pray that letters patent may be srranfpfl to them, as joint inventors, for the invention set forth in the annexed specifica- tion. ... [Dated.] A. B. C. D. No. 2922. Petition by Inventor for Assignee. To the Commissioner of Patents : Your petitioner prays that letters patent may be srranted to A. B., as his assignee, for the invention set forth in the annexed specification. . . . [Dated.] A. B. 1009 Patents. Forms 2923-2927 No. 2923. Petition "by Administrator for Letters Patent. To the Commissioner of Patents : Your petitioner, A. B., administrator of the estate of C. D., deceased (as by reference to the duly certified copy of letters of administration, hereto annexed, will more fully appear), prays that letters patent may be granted to him for the invention of the said C. D., set fortli in tlio annexed specification. . . . [Dated.] A. B., as Administrator of the Estate of C. D. No. 2924. Petition by Executor for Letters Patent. To the Commissioner of Patents: Your petitioner, A. B., executor of the last will and testament of C. D., deceased (as by reference to the duly certified copy of letters testamen- tary, hereto annexed, will more fully appear), prays that letters patent may be granted to him for the invention of the said C. D., set forth in the annexed specification. . . . [Dated.] A. B., as Executor of the Last Will and Testment of C. D. No. 2925. Petition for a Reissue (by the Inventor). To the Commissioner of Patents: Your i3ctitioner prays that he may be allowed to surrender the letters patent for an improvement in coal scuttles, granted to him June 3, 1917, whereof he is now sole owner [or, whereof R. G., on Avhose behalf and with whose consent this application is made, is now sole owner, by as- signment], and that letters patent may be reissued to him for the same invention, upon the annexed amended sioecification. [Dated.] A. B. No. 2926. Petition for Letters Patent for a Design. To the Commissioner of Patents: Your petitioner prays that letters patent may be granted to him for the new and original design set forth in the annexed amended specifi- cation. [Dated.] A. B. No. 2927. Power of Attorney. To the Commissioner of Patents: The undersigned having, on or about the third day of June, 1917, made application for letters patent for an improvement in a horse-power, hereby appoints 0. L., of the city of Oakland, his attorney, with full power of substitution and revocation, to prosecute said application, to Form Book — 64 Forms 2928, 2929 Cowdery's Form Book. 1010 make alterations and amendments therein, to receive the patent, and to transact all business in the patent office connected therewith. [Dated.] A. B. No. 2928. Specification for a Machine. Ij A. B., of 0. K., in the county of A., and state of C, have invented certain improvements in planing machines, of which the following is a specification : The first part of my invention relates to the combination of rotary cutters and feeding-rollers, in such a manner that the said feeding-rollers shall be capable of feeding the lumber to the cutters, and also of effec- tually resisting the board, and prevents its being raised by the action of the cutters E E. When the lumber is designed for floors or ceilings, or other purpose for which it is required to be matched, a tongue is formed upon one edge of it, and a groove in the other, by the cutters L and M, which both revolve toward the advancing board; and these operations are performed at the same time that the upper surface of the board is planed, the whole being done at a single operation. When the lumber is required to be matched, it should be first reduced to a uniform width, and guided into its introduction into the machine by a gauge P attached to the bed Q of the machine. When the lumber is not to be matched, this gauge and the cutters L and M should be taken off and dispensed with. I claim as my invention — 1. The combination of the cutters E E and the feeding rollers I I and J J, substantially as and for the purpose hereinbefore set forth. 2. The combination with the cutters E E and feeding rollers I I and J J, of the cutters L and M, substantially as and for the purposes here- inbefore set forth, A. B. [Two witnesses.] No. 2929. Specification for a Process. We, A. B., of 0. K, county of A., and state of C, and C. D., of 0. K., county of A., and state of C, have invented a certain process for sep- arating smut, and all impurities, from wheat, of which the following is a specification: Take of lime, newly slacked, and while yet warm, one and a half pounds to each one hundred pounds of wheat. Mix the lime well with the wheat, let it stand one hour, then pass it through a smut-mill in the usual way, and it will be found that all the lime, smut, dirt and other impurities, attached to the wheat, of every kind, and which no smut-mill, without my liming process, will fully separate, will be entirely removed, and the flour will be as white and as sweet as though made from the best of wheat. 1011 Patents. Forms 2930, 2931 We do not claim the smut-mill, or any improvement thereon, or any new chemical quality of lime. We claim as our invention the process of applying lime, wlicn newly slacked and warm, to wheat, before passing the latter through a smiit- mill, so as to cleanse the wheat from all impurities, substantially as described. A. B. C. D. [Two witnesses.] No. 2930. Specification for a Composition of Matter. 0. P., deceased, late of A., in the district of X., and state of C, dur- ing his lifetime invented a certain compound called "wool oil," to be used instead of lard, rape-seed, or other oils, in the manufacture of wool. The nature of the invention of the said 0. P. consists in mixing olive, lard, or rape-seed oil with a solution of oil of soap dissolved in hot water. To prepare the wool oil, take a quantity of oil soap of any kind, pro- vided the quality be good, and dissolve the same in hot water, say about thirty pounds of oil soap to thirty gallons of water, or a sufficient quan- tity of soap to saturate the water. Then take equal parts by measure, of olive, lard, rape-seed, or any other kind of oil which can be used on wool in the process of its manufacture, and mix it with the preparation aforesaid, to wit, the soap solution, which, after such mixture, is ready to be used on the wool with as beneficial an effect as if pure oil only had been used. This wool oil will not decompose by age, because the oil of soap neutralizes the stearine in the oil; hence there is nothing to decompose. And for the same reason spontaneous combustion cannot be produced. I claim as the invention of the said 0. P. the manufacture or prepara- tion of a compound, which is denominated wool oil, of the ingredients, in the proportions, and for the purposes set forth. [Signature.] [Two witnesses.] No. 2931. Specification for a Design. 1, A. B., of 0. K., in the county of A., and state of C, have invented and produced a new and original design for carpets, of which the follow- ing is a specification: The nature of my design is fully represented in the accompanying photographic illustration, to whicli reference is made. I claim as my invention the design for a carpet, as shown. A. B. [Two witnesses.] Forms 2932-2934 Cowdery's Form Book. 1012 No. 2932. Oath by an Applicant for a Reissue of Patent. State of C, City and County of , ss. A. B., the above-named petitioner, being duly sworn [or affirmed], deposes and says that he verily believes that, by reason of an insufficient and defective specification, his aforesaid letters patent are inoperative and invalid; that the said error has arisen from inadvertence, accident or mistake, and without any fraudulent or deceptive intention, to the best of his knowledge or belief; that he is the sole owner of said letters patent [or, "that M. N. is the sole owner of said letters patent, and that this application is made on the behalf and with the consent of the said M. N."] ; and that he verily believes himself to be the first and original inventor of the improvement set forth in this amended specification. A. B. Subscribed and sworn to [etc.]. No. 2933. Assignment of the Entire Interest in an Invention Before the Issue of Letters Patent. In consideration of one dollar to me paid by A. B., of 0. K., I do hereby sell and assign to said A. B. all my right, title and interest in and to a certain invention in plows, as fully set forth and described in the specifications which I have prepared [if the application has been already made, say "and filed"] prei)aratory to obtaining letters patent of the United States therefor. And I do hereby authorize and request the commissioner of patents to issue the said letters patent to the said A. B., as my assignee, for the sole use and behoof of the said A. B., and his legal representatives. [Dated.] C. D. NOTE. — Assignments of patents or patent rights should be recorded. Ad assignment, grant or conveyance is void as against any subsequent pur- chaser, or mortgagee for a valuable consideration, without notice, unless it is recorded in the patent office within three months from the date thereof: See U. S. Kev. Stats., sec. 4989; 5 Fed. Stats. Ann., p. 531. No. 2934. Assignment of the Entire Interest in Letters Patent. In consideration of five hundred dollars to me paid by A. B., of 0. K., I do hereby sell and assign to the said A. B. all my right, title and in- terest in and to the letters patent of the United States No. 100,762, for an improvement in locomotive headlights, granted to me the third day of June, 1917, the same to be held and enjoyed by the said A. B. to the full end of the term for which said letters are granted, as fully and entirely as the same would have been held and enjoyed by me if this assignment and sale had not been made. [Dated.] C. D. 1013 Patents. Forms 2935-2938 No. 2935. Assignment of an Undivided Interest in the Letters Patent and Extension Thereof. In consideration of one thousand dollars to me paid by A. B., of 0. Iv., I do hereby sell and assign to the said A. B. one undivided one-half part of all my right, title and interest in and to the letters patent of the United States No. 176,372, for an improvement in cooking-stoves, granted to me June 3, 1917, the same to be held and enjoyed by tlie said A. B., to the full end of tlie term for which said letters patent are granted, and for tlie terms of any extension tliereof, as fully and entirely as the same would liave been held and enjo^-ed by me if this assignment and sale had not been made, [Dated.] C. D. No. 2936. License — Exclusive Territorial Grant by an Assignee. In consideration of one thousand dollars to me paid by A. B., of 0. K., I do hereby grant and convey to the said A. B. the exclusive right to make, use and vend within the state of C, and the counties of S. and M., in the state of C, and in no other place or places, the improvement in corn planters for which letters patent of the United States, dated June 3, 1917, were granted to C. D., and by said C. D. assigned to me June 3, 1917, by an assignment duly recorded in liber X, p. 397, of the records of the patent office, the same to be held and enjoyed by the said A. B. as fully and entirely as the same would have been held and enjoyed by me if this gi-ant had not been made. [Dated.] E. F. No. 2937. License— Shop Right. In consideration of ten dollars to be paid by the firm of A. B. & Co., of 0. K., I do hereby license and empower the said A. B. & Co. to manu- facture, at a single foundry and machine-shop in said 0. K., and in no otlier place or places, the improvement in cotton-seed planters, for wliicli letters patent of the United States, No. 892,700, were granted to me June 3, 1917, and to sell the machines so manufactiired throughout the United States, to the full end of the term for which said letters are granted. [Dated.] C. D. No. 2938. License — Not Exclusive, With Royalty. This agreement, made this third day of June, 1917, between A. B., party of the first part, and C. D., party of the second part, witnesseth: That whereas letters patent of the United States for an improvement in horse-rakes were granted to the partj^ of the first part, dated June 3, 1916; and whereas the party of the second part is desirous of manufac- turing horse-rakes containing said patented improvement; now, there- Form 2939 Cowdeby's Form Book. 1014 fore, the parties have agreed as follows: 1. The party of the first part hereby licenses and empowers the party of the second part to manufac- ture, subject to the conditions hereinafter named, at their factory in 0. K., and in no other place or i^laees, to the end of the term for which said letters patent were granted, horse-rakes containing the patented improvements, and to sell the same within the United States. 2. The party of the second part agrees to make full and true returns to tlie party of the first part, under oath, upon the third days of June and January in each year, of all horse-rakes containing the patented im- provements manufactured by them, 3. The party of the second part agrees to pay to the party of the first part five dollars, as a license fee upon every horse-rake manufactured by said party of the second part, containing the patented improvements; provided that, if the said fee be paid upon the days provided herein for semi-annual returns, or within ten days thereafter, a discount of fifty per cent shall be made from said fee for prompt payment. 4. Upon failure of the party of the second part to make returns, or to make payment of license fees, as herein pro- vided, for thirty days after the days herein named, the party of the first part may terminate this license by serving a written notice upon the party of the second part; but the party of the second part shall not thereby be discharged from any liability to the party of the first part for any license fees due at the time of the service of said notice. [Signature.] No, 2939, Assignment of a Patent — Long Form. Whereas, letters patent, bearing date the first day of March, in the year 1917, were granted and issued by the government of the United States, under the seal thereof, to A. B., of the town of Grass Valley, in the county of Nevada, state of California, for [here state the nature of the invention in general terms, as in the j)atent], a more particular and full description whereof is annexed to the said letters patent in a sched- ule; by which letters patent, the full and exclusive right and liberty of making and using the said invention, and of vending the same to others to be used, was granted to the said A. B., his heirs, executors, adminis- trators and assigns for the term of fourteen years from the said date : Now, know all men by these presents : That I, the said A, B., for and in consideration of the sum of one thousand dollars, gold coin of the United States, to me in hand paid, the receipt whereof is hereby ac- knowledged, do by these presents grant, assign and set over unto C. D., of the town of Downieville, in the county of Sierra, state of California, his executors, administrators, and assigns forever, the said letters patent, and all my right, title and interest in and to the said invention so granted unto me. To have and to hold the said letters patent and invention, with all benefit, profit and advantage thereof, unto the said C. D., his executors, administrators and assigns, in as full, ample and beneficial a manner, to all intents and purposes, as I, the said A. B., by virtue of the said 1015 Patents. Forms 2940-2942 letters patent, may or mis:ht have or hold the same, if this assignjncnt had not been made, for and during all the rest and residue of the said term of fourteen years. ,„. ^ , [Signature.] No. 2940. Assignment of an Undivided Fractional Interest in an In- vention Before the Issue of Letters Patent. In consideration of one dollar, to me paid by C. D., of, etc., I do hereby Bcll and assign to said C. D. an undivided half of all my right, title and interest in and to a certain invention in plows, as fully set forth and described in the specification which I have prepared [if the application has been already made, say "and filed"] preparatory to obtaining let- ters patent of the United States therefor. And I do hereby authorize and request the commissioner of patents to issue the said letters patent jointly to myself and the said C. D., our heirs and assigns. [Dated.] ^ g No. 2941. Assignment of Territorial Interest After Grant of Patent. Whereas I, of , county of , state of , did obtain letters patent of the United States for improvement in , which letters j^atent are numbered , and bear date the day of , in the year 19 — ; and whereas I am now the sole owner of the said patent, and of all rights under the same in the below recited territory; and whereas, of , countj' of , state of , is desirous of acquiring an interest in the same : Now, therefore, to all whom it may concern, be it known that for and in consideration of the sum of dollars to me in hand paid, the receipt of which is hereby acknowledged, I, the said (inventor), have sold, assigned and transfeiTcd, and by those presents do sell, assign and transfer, unto the said (purchaser), all the right, title and interest in and to the said invention, as secured to me by said letters patent, for, to and in the state of , and for, to, or in no other place or places; the same to be held and enjoyed by the said (purchaser) within and throughout the above specified territory, but not elsewhere, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be gi-anted, as fully and entirely as tlio pair.o would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof [etc.]. In presence of [two witnesses]. No. 2942. Petition by Alien Inventor. To the Commissioner of Patents : Your petitioner, a citizen of the [republic of Mexico], prays that let- ters patent may be granted to him for tlie invention set forth in tiie annexed specification. [Signature.] Forms 2960-2962 Cowdery's Form Book. lOlG PAYMENT. 2960. Answer alleging payment. 2961. Answer alleging payment by 1)111. 2962. Answer alleging payment before indorsement. 2963. Answer alleging payment by note. 2964. Answer alleging pasrment in services. 2965. Answer alleging part payment and tender of balance. No. 2960. Answer Alleging Payment. [Title of Court and Cause.] The defendant answers to the complaint: That on the twenty-first day of February, 1917, at P., he paid to the plaintiff the money demanded in the complaint [or seventy-five dollars, on account of the demand in the complaint]. Wherefore [etc.], [Signature.] No. 2961. Answer Alleging Payment by BiU. [Title of Court and Cause.] The defendant answers to the complaint: 1. That before this action the plaintiff drew his bill on the defendant for the amount of said account [or other indebtedness alleged], dated on the twenty-first day of April, 1917, and payable to the order of the plaintiff three months after said date; which the defendant then accepted. 2. That the plaintiff received said acceptance on account of said in- debtedness, and afterward, and before the same became due and payable, lost the same, and cannot produce it to the defendant. Wherefore [etc.]. [Signature.] No. 2962. Answer Alleging Payment Before Indorsement. [Title of Court and Cause.] The defendant answers to the complaint: 1. That after the bill mentioned in the complaint was due, to wit, on or after the thirteenth day of May, 1917 [date of maturity], and while said [drawer] was the holder thereof, and before this action, the de- fendant satisfied and discharged the principal and interest [and dam- ages] due on said bill, by payment to the said [drawer]. 2. That said [drawer] indorsed said bill to the plaintiff after said payment and after the maturity thereof. Wherefore [etc.], [Signature.] 3017 Payment — Petitions. Forms 2963-2965 No. 2963. Answer Alleging Pajrment by Note. [Title of Court and Cause.] The defendant answers to the complaint: Tliat on the twentieth day of April, 1917, at P., at the request of the plaintiff, he made his promissory' note to one C. D. for one hundred dol- lars, in diseliarge of the indebtedness stated in the complaint. Wherefore [etc.], [Signature.] No. 2964. Answer Alleging Payment in Services. [Title of Court and Cause.] The defendant answers to the complaint: 1. That after the said promissory note became payable, and before this action, to wit, on the twenty-second day of April, 1917, the plaintiff agreed to receive and the defendant agreed to render to the said plain- tiff his services as a [teamster] to the amount of said note. 2. That defendant afterward, according' to the said agi'cement, ren- dered such services to the plaintiff, to the full amount due and payable on the said note. Wherefore [etc.], [Signature.] No. 2965. Answer Alleging Part Payment and Tender of Balance. [Title of Court and Cause.] The defendant answers to the complaint: 1. [Allege payment of part.] 2. That on the twenty-seventh day of April, 1917, at P., he tendered to the plaintiff the residue of said claim, to wit, the amount of $125, etc. [as in preceding form]. PETITIONS. See Complaint; Patents. Bankrupt's Petition for Discbarge, No. 717. Petition and Complaint Asking for a Citation to Show Cansa Why a Bank Should not Pay a Deposit to Administrator or Depositor, No. 1824. Petition and Order for Private Sale — Bankruptcy, No. 711. Petition and Order for Eedemption of Property from Lien — Bankruptcy, No. 709. Petition and Order for Sale Subject to Lien — Bankruptcy, No. 710. Petition and Order for Sale of Perishable Property — Bankruptcy, No. 712. Petition and Order for Sale by Auction of Eeal Estate, No. 708. Petition by Administrator for Letters Patent, No. 2923. Petition by Administrator to Sell Stock in Mining Company, No. 3066. Petition by Creditor for Citation to Administrator to Account, No. 30. Petition by an Executor for Letters Patent, No. 2924. Petition by Guardian for an Order to Mortgage Real Estate, No. 2021. Petition by Heir for Partial Distribution, No. 1561. Petition by Inventor for Assignee, No. 2922. Petition by Joint Inventors, No. 2921. CowDERY's Form Book, 1018 Petition by Legatee for Partial Distribution, No. 1563. Petition by Sole Inventor, No. 2920. Petition for Allowance Out of Income of Minor to Defray Expenses, No. 2031. Petit Petit Petit Petit Petit Petit Petit: Petit Petit Petit Petit Petit Petit Petit Petit Petit Petit Petit on for Appointment of Guardian of Minor, No. 1998. on for Appointment of Guardian for Incompetent Person, No. 1999. on for Appointment of Special Administrator, No. 1744. on for Authority to Compromise Claim, No. 1844. on for Continuation of Administration, No. 1843. on for Decree Restoring to Capacity, No. 3300. on for Decree Showing Termination of Life Estate, No. 3630. on for Decree Sotting Apart Homostead, No. 2990. on for Decree Vesting Homestead in Surviving Wife, No. 2096. on for Determination of Heirship, No. 2056. on for Distribution, No. 1569. on for Dissolution of Corporation, No. 1332. on for Final Distribution, No. 1571. on for Leave to Adopt Minor, No. 250. on for Leave to Mortgage, No. 3040. on for Letters of Administration, No. 1748. on for Letters of Administration — Another Form, No. 1749. on for Letters of Administration With Will Annexed on Death of Executor, No. 1776. Petition for Letters of Administration With the Will Annexed on Renuncia- tion by Executor, No. 1775. Petition for Letters Patent for a Design, No. 2926. Petition for Meeting to Consider Composition, No. 713. Petition for Mortgage of Property of Church or Society, No. 2711. Petition for Order Directing Executor to Convey Land Under a Contract With Deceased, No. 1836. Petition for Order Directing Executor to Invest Funds of an Estate, No. 1831. Petition for Order Directing Surviving Partner to Render Account, No. 1827. Petition for Order of Sale of Personal Property, No. 3062. Petition for Order of Sale of Real Estate for Best Interests of Heirs at Law, No. 3064. Petition for Order of Sale of Real Estate to Pay Debts or Family Allowance, No. 3070. Petition for Order Requiring Administrator to Give New Bond, Nos 1789, 1790. Petition for Order Requiring Administrator to Render Exhibit, No. 13. Petition for Order Requiring Distributee to Refund, No. 1567. Petition for Order Setting Apart Personalty and for Family Allowance, No. 1875. Petition for Order to Lease Realty by Executor, Administrator or Guardian, No. 3020. Petition for Order to Produce Concealed Will, No. 3953. Petition for Order to Sell Perishable Personal Property, No. 3061. Petition for Probate of Nuncupative Will, No. 3988. Petition fox Probate of Will, No. 3955. Petition for Provision for Support of Family Pending Return of Inventory. No. 1873. Petition for Reissue of Patent (by Inventor), No. 2925. Petition for Relief Against Forfeiture of Lease, No. 3713. Petition for Removal of Trustee, No. 690. Petition for Restoration of Records, No. 3290. Petition for Retransfer of Proceedings, No. 866f. Petition for Partition in Probate, No. 2870. Petition for Writ of Habeas Corpus, No. 2041. Petition for T\'rit of Mandamus, No. 2588. Petition in Bankruptcy — Creditor's, No. 633. 1019 Pledge. Petition in Banlcruptcy — Partnership, No. 632. Petition of Administrator With the Will Annexed for Citation Ordering Former Executor to Account, No. 32. Petition of Assignee of Heir at Law for Distribution of Assignor's Share to Him, No. 1562. Petition of Guardian for Order of Sale of Real Estate, No. 2015. Petition of Guardian for Order of Sale of Eoal Estate in Order to Reinvest Proceeds, No. 2017. Petition of Guardian That he may Assent to Partition of Land, No. 2022. Petition of Heir at Law for Partial Distribution, No. 15G0. Petition of Surety to be Released from Bond of Administrator, No. 1795. Petition That Court may Order Administrator to Render an Account, No. 31. Petition to Become Sole Trader, No. 3371. Petition to Require Administrator Who is Wasting Estate to Give Further Security, No. 1791. Petition to Revoke Letters of Administration and to Grant Them to a Per- son Claiming Under Prior Right, Xo. 1817. Petition to Revoke Letters Testamentary and Appoint Petitioner Where Executor has Removed from State, No. 1820. Petition to Revoke Probate of Will on Discovery of Later Will, No. 3980. Petition to Set Apart Estate not Exceeding Fifteen Hundred Dollars in Value, No. 1628. PLEDGE. 2970. Pledge with note secured. 2971. Pledge — Another form. 2972. Pledge — Another Form. 2973. Complaint for damages for loss of pledge. INTRODUCTORY NOTE. When the possession of personal property is delivered to a per- son who lends money to the owner and agrees to hold the property as security for the araount loaned, the transaction is a pledge. The lender's lien depends upon his possession, or the pos.session of a pledgeholder selected by the parties. One who has a lien upon property may pledge it to the extent of his lien. The increase of property pledged goes with it. One may pledge his property to secure the debt of another; and if he receives from the pledgor a consideration for his risk, he cannot withdraw it without the consent of all parties. Where a debtor has obtained credit, or an extension of time, by a fraudulent misrepresentation, the creditor may demand a further pledge; and in default thereof may recover his debt though it be not due. When a pledge is due, the pledgee may collect what is due by sale. Before it can be sold, and after performance of the act for which the security is due, the pledgee must demand performance, if the debtor can be found. He must give actual notice to the pledgor of the time and place of sale at such a reasonable time as will enable the pledgor to attend. Form 2970 Cowdery's Form Book. 1020 Notice of sale may be waived, but is not waived by a mere waiver of demand of performance. A demand of performance as a condition precedent to a sale is waived by a positive refusal by the pledgor to perform, after per- formance, is due; but he cannot waive it in any other manner except by contract. The sale must be made by public auction, in the manner and upon the notice usual at the place of sale, in respect to auction sales of similar property, and must be for the highest obtainable price. A pledgee cannot sell evidence of debt pledged, except the obliga- tions of governments, states, or corporations, but he may collect the same when due. Whenever property pledged can be sold for a price sufficient to satisfy the claim of the pledgee, the pledgor may require it to be sold, and its proceeds to be applied to such satisfaction, when due. After a sale or collection the pledgee may deduct the amount due, and the necessary expenses of sale and collection, and pay the surplus to the pledgor, on demand. When property pledged is sold by order of the pledgor before the claim of the pledgee is due, he may retain enough of the proceeds to satisfy all that may possibly become due. The pledgee may bid in the property if the sale is by auction. If there is no auction, he may sell the pledgee's right of redemption after he obtains a court's order of sale. The court may or may not authorize the pledgee to purchase at such sale: Civ. Code, sees. 2986-3011. No. 2970. Pledge With Note Secured. $3,500— No. 2,824. San Francisco, October 27, 1917. Twenty days after date, without grace, for value received, in gold coin of the United States of America, we jointly and severally promise to pay to the order of B. & B., at their office in this city, the sum of thirty-five hundred dollars, with interest thereon from date until paid, at the rate of one and one-half per cent per month, payable montlily; the said interest, if not so paid, to become part of the principal, and bear the same rate of interest as above specified. And for further value received, we hereby agree and bind ourselves to pay said principal and interest in gold coin of the United States of America, waiving any legal right which we now have, or may hereafter have, to pay the same in any other money or currency. J. D. J. S. 1021 Pledge. Form 2971 We hereby transfer and deposit with B. & B., as collateral security for the payment of the above promissory note, and tlie interest and ex- penses which may accrue thereon, the following personal property, of which we are the sole owners, the same being at our risk and expense, to wit: Fifty shares 0. S. M. Company's stock; fifty shares G. & C. S. M. Company's stock; fifty shares 0. S. M. Company's stock; fifty shares B. I. M. Company's stock. Also, a further lien on any and all collaterals of any and all our notes in their favor, and such other and further collaterals as we may give them hereafter. In case of nonpaj'ment of said promissory note, or the interest thereon, when due, we hereby appoint and constitute said B. & B., their heirs and assigns, our attorneys irrevocable, with power of substitution, to sell at any time after said note or interest is due, with or without notice, at the option of said B. & D., the whole or any part of said securitj^, either at public or private sale, at their discretion, and deliver the same to the purchaser. or purchasers thereof; and the proceeds to be applied to the payment of the above promissory note, interest due, expenses of such sale, all law expenses, counsel fees, fees for advice of counsel, or costs incurred or paid by the said B. & B. in respect of said note or said security, together with one per cent commission on sales; and any sur- plus after payment of said note, interest, commissions and expenses, to be subject to our order, except that if the said B. & B. shall, at the time of such sale, hold any other of our obligations, they may apply such surplus toward the payment of any of such obligations. In like manner, we agree to pay, on demand, to said B. & B., their heirs or assigns, whatever deficit may result after applying the net proceeds of such sale to the payment of said principal and interest, costs, and expenses, as above. In case of deterioration of any of the above securities, or fall in the market value of the same, we hereby promise and agree to reduce the amount of debt, or to increase the security in proportion to such de- terioration, or decrease of value, in default of which this note is to be considered immediately due under the above stipulation. On the payment of the above note and interest, according to the terras of the former, and all charges, this agreement to be void, and the above- named securities to be returned to us, or our order, or assigns. Should any such sale be made, B. & B., or their assigns, directly, or in the name of any other person, shall have the right to purchase. Dated . J. D. J. S. No. 2971. Pledge — Another Form. $1,000. San Francisco, September 15, 1917. Sixty (60) days after date, without grace, I promise to pay, in gold coin of the United States of America, to the order of R. R., at the bank- ing-house of A. B. & Co., in this city, the sum of one thousand (1,000) Form 2972 Cowdery's Form Book. 1022 dollars, with interest thereon from date until paid, at the rate of one and one-half per cent per month, the interest payable monthly in ad- vance; and if not so paid, to be compounded and become a part of the principal, and bear thereafter the same rate of interest, for value received. C. D. Due February 14, 1917. As collateral security for the payment of the above note and the in- terest to grow due thereon, I have deposited with said A. B. & Co. the following personal property, to wit: [Description.] And sliould the said note or any part thereof, or the interest to grow due thereon, remain due and unpaid, after the same should have been paid, according to the tenor of said note, I hereby irrevocably authorize raid empower A. B. & Co., or their heirs, executors, administrators or assigns, to sell and dispose of the above-mentioned personal property, or any part thereof, at public or private sale, witliout any previoiis notice to me of any such sale, and from the proceeds arising therefrom to pay the principal and interest, and all charges that shall be then dUe, and the costs of sale, and the balance, if any, to pay over to me or my repre- sentatives upon demand. In case of deterioration of any of the above securities, or fall in tlie market value of the same, I hereby promise and agree to reduce the amount of debt, or to increase the security in pro- portion to such deterioration or decrease of value, in default of which this note is to be considered due under the above stipulation. On the payment of the above note and interest, according to the terms of the former, and all charges, this agreement is to be void, and the above- named securities to be returned to me. C. D. No. 2972. Pledge— Another Form. $5,000. San Francisco, Cal., September 2, 1917. For value received, I promise to pay, in gold coin of the United States of America, to R. R., or order, sixty (60) days after date, without grace, the sum of five thousand (5,000) dollars, Avith interest thereon at the rate of one and one-half (li^) per cent per month, payable monthly, in advance. Due November 1, 1917. A. B. I hereby transfer and deposit with said R. R., as collateral security for the payment of the above promissory note, and the interest and expenses which may accrue thereon, tlie following personal property, of which I am the sole owner, the same being at my risk and expense, to wit: [Description.] In case of nonpayment of said promissory note, or the interest thereon, when due, I hereby appoint and constitute said R. R., his heirs or as- signs, my attorney irrevocable, with power of substitution, to sell at any tune after said note or interest is due, with or without notice, at the 1023 Pledge — Powers of Attorney. Form 2973 option of said R. R., the wliole or any part of said security, cither at public or private sale, at his discretion ; and to deliver the same to the purchaser or purchasers thereof; and the proceeds to be applied to the payment of said promissory note, interest due, and other expenses, to- gether with tvi^o per cent commissions on sales, and any surplus after payment of said note, interest, commissions and expenses, to be subject to my order. In like manner I agree to pay on demand to said R. R., his heirs or assigns, whatever deficit may result after applying the net proceeds of such sale to the payment of said principal and interest. But in case of the payment of the said note and interest, according to the terms thereof, then this agreement to be void, and the above- named security to be returned to me. A. B. No. 2973. Complaint for Damages for Loss of Pledge. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the fourth day of January, 1917, at P., the plaintiff de- livered to the defendant [describe articles], the property of this plain- tiff, of the value of $2,000, by way of pledge to defendant, to secure the sum of $1,750, theretofore loaned by the defendant to the plaintiff, which articles the defendant received for that purpose, and agreed with the plaintiff to take good care of th.e same until they should be redeemed by the plaintiff. 2. That the defendant has failed to fulfill said agreement on his part ; and, on the contrary, so negligently and carelessly kept said articles, that while they were in his possession for the purposes aforesaid, they were, through his negligence, lost, to the damage of the plaintiff $2,000. Wherefore [etc.], [Signature.] POWERS OF ATTORNEY. 2974. General power of attorney. 2975. Commercial power of attorney, with authority to sell real estate, etc, 2D76. Substitution of attorney in fact. 2976a. Special power of attorney to sue and transfer property. 2977. Power of attorney to transact ordinary business. 2978. Special power of attorney to collect debts. 2979. General power of attorney to sell mining property. 2980. Power of attorney to sell stocks. 2S81. General custom-house power of attorney. 2982. Power of attorney to collect debts. 2983. Power of attorney to receive a legacy. 2984. Special power of attorney by husband and wife to convey land. 2985. Power of attorney to confess judgment. 2986. Eevocation of power of attorney. 2987. Power of attorney to transfer stock. CROSS-EEFEBENCES. Power of Attorney to Prosecute Patent Application, No. 2927. Power of Attorney to Make Application for Entry of Government Land, No. 2634. Forms 2974, 2975 Cowdery's Form Book. 1024 No. 2974. General Power of Attorney. Know all men by these presents: That we, J. D. and R. R., of the city and county of San Francisco, state of California, have made, con- stituted and appointed, and by these presents do make, constitute, and appoint J. S., of said city and county, our true and lawful attorney for us and in ovir names, place, and stead, and for our use and benefit, to ask, demand, sue for, recover, collect and receive all such sums of money, debts, dues, accounts, legacies, bequests, interests, dividends, annuities and demands whatsoever as are now or shall hereafter become due, owing, payable or belonging to us, and liave, use and take all lawful ways and means in our names or otherv/ise for the recovery thereof, by attachments, arrests, distress or otherwise, and to compromise and agree for the same, and acquittances or other sufficient discharges for the same, for us, and in our names, to make, seal and deliver; to bargain, contract, agree for, purchase, receive, and take lands, tenements, here- ditaments and accept the seizin and possession of all lands and all deeds and other assurances, in the law therefor, and to lease, let, demise, bar- gain, sell, remise, release, convey, mortgage and hypothecate lands, tene- ments and hereditaments, upon such terms and conditions, and under such covenants, as he shall think fit. Also, to bargain and agree for, buy, sell, mortgage, hypothecate and in any and every way and manner deal in and with goods, wares, and merchandise, chose in action and other property in possession or in action, and to make, do, and transact all and every kind of business of what nature or kind soever, and also for us and in our names, and as our act and deed, to sign, seal, execute, deliver and acknowledge such deeds, leases and assignment of leases, covenants, indentures, agreements, mortgages, hypothecations, bottom- ries, charter-parties, bills of lading, bills, bonds, notes, receipts, evi- dences of debts, releases and satisfaction of mortgage, judgments and other debts, and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises. Giving and granting unto our said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as we might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that our said attorney, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of these presents. In witness whereof [etc.]. [Signature.] No. 2975. Commercial Power of Attorney, With Authority to Sell Real Estate, etc. Know all men by these presents : That I, A. B., of the county of Santa Clara, state of California, have made, constituted, and appointed, and by these presents do make, constitute and appoint C. D., of the county 1025 Powers of Attorney. Form 2975 of Alameda, state of California, my true and lawful attorney, for me, and in my name, and on my behalf, to ask, demand, recover and receive, all and any sum or sums of money, debts, dues, merchandise or effects, due, paj'able, coming or belonging, or which may at any time be due, payable, or belonging to me, from any person or persons whatsoever; to sell all, or any part, of said goods, merchandise and effects, Avhich may come to his possession or knowledge, on sucli credit, and for such prices as he may deem meet ; to purchase any goods, merchandise, specie, cur- rency, mining or other kinds of stock or other commodities, on my ac- count for sach prices and to such amount as he may deem meet, and the same to sell again for my benefit and on ray account, for any prices whatsoever, to ship or transport the same, or any part thereof, on my behalf and account, to an.y post or posts, place or places, whatsoever, in any vessel or vessels, and with and to any person or persons whatso- ever, and there barter, exchange, and dispose of the same; to insure and cause insurance to be made, of any such goods, merchandise, specie or other commodities, or of any part tliereof, at such premiums, and for such risks as he may deem meet ; to accept any bill or bills of exchange or orders, make and execute any note or notes of hand, bond or bonds, or other instruments or contracts, in my name, and on my account, to and for any amount which he may deem meet or expedient; to sell, bar- ter, exchange or dispose of any real estate of which I am now seised or possessed in fee simple, or for any less estate, to any person or per- sons, for any price, or in any manner whatsoever, and for these purposes to execute and acknowledge any deed or deeds, lease or leases, or other assurance or assurances, with general covenants of warranty against all persons, or any other covenants whatsoever, as he may deem expedient; to purchase any real estate on my account, in fee simple or otherwise, at any price of any exchange whatsoever, and for these purposes to receive, confirm, make and execute, any contracts, deeds, conveyances, or other instruments whatsoever; to settle and adjust all partnership accounts and demands, and all other accounts or demands now subsist- ing, or which may hereafter subsist between me and any person or per- sons whatsoever, and submit the same to and decide them by arbitra- tion; to compound for any debts, dues, or demands owing, or which may hereafter be owing to me, and to take less than the whole, or otherwise to agree for the same, in such manner, and on such terms as he, in his discretion, may deem proper; and for all or any of these purposes, to make and execute any releases, compromises, compositions, agi-eements, or contracts, by deed or otherwise, in his opinion necessary and ex- pedient in the premises ; to pay and discharge all debts and demands due and payable, or which may hereafter become due and payable by me unto any person or persons whatsoever; to enter into any lands or other real estate to which I am or may be entitled, and recover the possession thereof, and damages for any injury done thereto, and to distrain for rent due thereon, and also to commence and prosecute unto final judg- Form Book — 65 Form 2976 Cowdery's Form Book. 1026 ment and execution, any suit or suits, action or actions, real, personal or mixed, which he shall deem proper for the recovery, possession, or enjoyment of any matter or tiling which is or which may hereafter be due, payable, owing, belonging, accruing or aiipertaining to me, for or by reason of the premises, or any part thereof, and, in any such suits or actions, for me in person, or by such attorney or attorneys, or coun- sel, he may deem necessary or proper to retain or employ to appear and plead, before any courts or tribunals having jurisdiction thereof, and all stipulations, undertakings, recognizances and other requisites in any suits or actions, and any question arising on the same, by arbitration or other compromise, and of all receipts and recoveries in the premises, due acquittances and discharges to execute and deliver, and generally to do and perform all matters and things, transact all business, make, execute and acknowledge all contracts, orders, deeds, mortgages, satis- faction of mortgages, leases and assignments of the same, and all other writing, assurances and instruments of every kind, which may be requi- site or proper to effectuate all or any of the premises, or any other matter or thing appertaining or belonging to me, with the same powers, and to all intents and purposes, with the same validity as I could, if personally present [giving and granting unto my said attorney, full power to substitute one or more attorneys under him, my said attorney, in or concerning the premises, or any part thereof, and the same at his pleasure to revoke] ; and hereby ratifying and confirming whatsoever my said attorney [or, his substitute or substitutes] shall and may do, by virtue hereof, in the premises. The power and authority hereby given and conferred is confined and limited to the states of California, Nevada and Oregon. In witness whereof [etc.]. ro- -i [signature. J No. 2976. Substitution of Attorney in Fact. Know all men by these presents: That I, D. J. H., of Santa Cruz, county of Santa Cruz, and state of California, by virtue of the power and authority to me given in and by the letter or power of attorney of A. W. B., of said county, bearing date the second day of February, 1917, and recorded in the office of the county recorder of said county of Santa Cruz, state of California, on the second day of February, 1917, in book 2, of Powers of Attorney, page 100, authorizing me to sell certain real estate in said Santa Cruz [or, a copy of which power of attorney is hereunto annexed; or, such other description as may be necessary to identify the original power of attorney], do substitute and appoint E. P., of said county of Santa Cruz, to do, perform, and execute every act and thing which I might or could do as the attorney in fact and substitute of the said A. W. B., hereby ratifying and confirming all that the said attorney and substitute herein made and appointed shall do in the preju- ises, by virtue hereof, and of the said letter or power of attorney. [Dated.] D. J. H. 1027 Powers of Attorney. Forms 2S76a-2978 No. 2976a. Special Power of Attorney to Sue and Transfer Property. Know all men by these presents: That we, M. H. F. and E. B. D., of the city and county of San Franciseo, state of California, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, I. D. C, of said city and county, our true and lawful attor- ney for us and in our name, place, and stead, to sell and transfer our interest in the grist-mill located on the Guadalupe River, Santa Clara county, state of California, with the lease of the land, to whom and on such terms as our said attorney may deem best, and by such instrument or means as may be agreed on between him and any other parties. Giving and granting unto our said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as we might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that our said attorney or his substitute shall lawfully do, or cause to be done, by virtue of these presents. Dated.] M. H. F. E. B. D. No. 2977. Power of Attorney to Transact Ordinary Business. Be it known that I hereby constitute and appoint to be my at- torney in fact, with full authority to make all contracts, and do all other acts of a business nature, except the conveyance of land, as effec- tually as I could myself do if personally present, with power of sub- stitution and revocation; and I do hereby ratify and confirm all acts that may lawfully be done in pursuance of this power. Witness my hand, at , this day of , 19 — . [Signature.] Executed in presence of . No. 2978. Special Power of Attorney to Collect Debts. Know all men by these presents: That I, F. A. R., of Oro Fino, county of Siskiyou, state of California, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, A. H. R., of Yreka, county aforesaid, my true and lawful attornej^ for me and in my name, place, and stead, and for my use, to ask, demand, sue for, collect, and receive all such sums of money whicli are or sliall be due, owing, payable, and belonging to me, or detained from mc, in any manner whatsoever, by any person or persons whatsoever. Giving and granting unto my said attorney full power and authority in and about the premises; and to use all due means, course and pro- cess in the law for the full, effectual, and complete execution thereof, and in my name to make, execute and deliver all and every instrument in writing under seal, or otherwise, and for the premises to appear Forms 2979, 2980 Cowdery's Form Book. 1028 and my person to represent before any governor, judge, oflScer, and minister of the law whatsoever, and in any court or courts of judi- cature, and on my behalf, to prosecute for debt, fraud and any manner of claims I may have against any person or persons, and to answer, defend, and reply unto all actions, causes, matters, and things what- soever relating to the premises. Also, to submit any matter in dispute respecting the premises to arbitration or reference. And generally to say, do, act, transact, determine, accomplish and finish all matters and things whatsoever relating to the premises, as fully, amply, and effect- ually, to all intents and purposes, as I might or could do if personally present, with full power of substitution or revocation, hereby ratify- ing, confirming, and holding valid all that my said attorney, or his substitute or substitutes, shall lawfully do or cause to be done by vir- tue of these presents. In witness whereof [etc.]. [Signature,] No. 2979. General Power of Attorney to Sell Mining Property. Know all men by these presents : That I, W. S., of the city and county of San Francisco, state of California, have made, constituted and appointed, and by these presents do make, constitute and appoint, H, D., my true and lawful attorney for me and in my name, place and stead, and for my use and benefit, to grant, bargain, sell, remise, release, convey and quitclaim to whom and upon such terms as my said attorney may deem best, all of my right, title and interest, estate, claim and demand, both in law and in equity, as well in possession as in expect- ancy, of, in or to that certain portion, claim, and mining right, title, or property on that certain vein or lode of rock containing precious metals of gold, silver, and other minerals, and situated in tlie Big Cottonwood Mining District, county of Salt Lake, and territory of Utah, described as follows, to wit: [Description,] Giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do, if personally present, with full power of substitution or revocation, hereby ratifying and con- firming all that my said altornej-, his substitute or substitutes, shall lawfully do or cause to be done by virtue of these presents. In witness whereof [etc.]. [Signature,] Mo. 2980, Power of Attorney to Sell Stocks. Know all men by these presents: That I, T, 0, S,, of the city and county of San Francisco, state of California, have made, constituted and appointed, and by these presents do make, constitute and appoint, R. K. A., of said city and county, my true and lawful attorney, for me and in my name, place and stead, to grant, bargain, sell, Uosign, trans- 1029 Powers of Attorney. Forms 2981, 2982 fer and set over, for such sum or price, and on such temis as to hira shall seem meet, the following number of shares of the capital stock of the following companies standing in my name on the books of the said companies, to wit: Three (3) shares of the capital stock of the G. cc C. G. and S. M. Company; five (5) shares of the capital stock of the 0. G. and S. M. Company; and twenty (20) shares of the capital stock of the J. H. G. and S. M. Company. And for me, and in my name, to sign and execute all necessary papers to that end. Giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said at- torney, or his substitute or substitutes, shall lawfully do or cause to be done by virtue of these presents. [Signature.] No. 2981. G-eneral Custom-house Power of Attorney. Know all men by these presents: That I, J. D., do, by these pres- ents, constitute and appoint R. R. my lawful attorney, to receive and enter at the custom-house of the district of San Francisco, any goods, wares or merchandise imported by me, or which may hereafter arrive consigned to me, to sign my name and to seal and deliver for rae, and as my act and deed, any bond or bonds which may be required by the collector of the said district for securing the duties on any such goods, wares or merchandise. Also to sign my name to, seal and de- liver for me, and as my act and deed, any bond or bonds requisite for obtaining the debenture on any goods, wares or merchandise when exported, and generally to transact all business at the said custom- house in which I am or may hereafter be interested or concerned as fully as I could if personally present. And I do hereby declare tliat all bonds signed and executed by my said attorney shall be as obliga- tory on me as those signed by mysef, and this power shall remain in full force until revoked by written notice given to the said collector. Dated . [Signature.] No. 2982. Power of Attorney to Collect Debts. Know all men by these presents, etc., and for my use, to ask, demand, sue for, collect and receive all such sums of money, debts, rents, dues, accounts and other demands whatsoever, which arc or shall be due, owing, payable or belonging to me, or detained from me, in any manner whatsoever, by E. F., of, etc., his heirs, executors and administrators, or any of them or, by any person or persons residing or being in the state of California, giving and granting unto my said attorney, etc. Dated . [Signature Fornix 2983-2985 Cowdery's Form Book. 1030 No, 2983. Power of Attorney to Receive a Legacy. Know all men by these presents : That whereas L. M., late of Utah, deceased, by his last will and testament, did give and bequeath unto me, A. B., of, etc., a legacy of five hundred dollars, to be paid unto me on the fourth day of July, 1917, of which said will G. H. and S. T., of, etc., are joint executors : Now, therefore, I, the said A. B., have made, constituted, and appointed, and by these presents do make, con- stitute, and appoint, C. D., of, etc., my true and lawful attorney for me and in my name, and for my use and benefit, to ask, demand, and receive of and from the said G. H. and S. T., executors as aforesaid, the legacy given and bequeathed unto me by the said will of the said L. M., as aforesaid; and upon receipt whereof by, or payment thereof to, my said attorney, to make, execute, and deliver a general release or dis- charge for tlie same; hereby ratifying, confirming, and allowing what- ever my said attorney shall lawfully do in the premises. Dated . [Signature.] No. 2984. Special Power of Attorney by Husband and Wife, to Convey Land. Be it known that , and , his wife, do, by these presents, con- stitute and appoint their attorney in fact, with full autliority to sell and convey, without reservation of community right, or of any right whatsoever, the following described real property in fee simple, to wit : , and to execute a good and sufficient deed therefor to the purchaser; and, generally, to do all acts necessary for conveying as complete a title thereto as the grantors of said power could themselves convey; hereby covenanting with all wliom it may concern to ratify and confirm all lawful acts done in pursuance of this power. Witness our hands this day of , 19 — , [Signatures.] Executed in presence of . NOTE. — If property conveyed is the homestead, tlie wife cannot act through attorney, but must personally join in the execution of the deed in order to terminate homestead right. No. 2985. Power of Attorney to Confess Judgment. Be it known that whereas is indebted to , in the sum of dollars ($ ), for : Now therefore the said does hereby authorize , or any other attorney at law, to appear in the court of , at any regular session thereof, and waive tlie issuing and serving of process, and con- fess a judgment in favor of tlie said , against the said , for the sum of dollars ($ ), with interest and costs; and thereupon to release all error and waive the right of appeal. Witness my hand this day of , 19 — . [Signature.] Executed in presence ot . 1031 Powers of Attorney. Forms 2986, 2987 No. 2986. Revocation of Power of Attorney. Know all men by these presents: That whereas, I, G. W., of the city of Stockton, county of San Joaquin, state of California, in and by my letter, warrant and power of attorney, in writing, bearing date the twenty-third day of March, 1917, make, constitute and appoint H. E. H., of said city, my true and lawful attorney, for the puri)oses and with the powers therein set forth, as will more fully and at large appear by reference thereto, or to the record tliereof, made on the said twenty-third day of March, 1917, in Book 3, of Powers of Attorney, page 48, in the office of the county recorder of the said county of San Joaquin. Now, therefore, I, the said G. W., liave revoked, countermanded, annulled and made void, and by these presents do revoke, countermand, annid and make void, the said letter, warrant, or power of attorney, and all power and authority thereby given, or intended to be given, to the said H. E. H. G. W. [Dated.] No. 2987. Power of Attorney to Transfer Stock. Be it known that I, , for value received, have bargained, sold, and assigned, and by these presents do bargain, sell and assign, unto the following described stock, to wit : , unto me belonging, and held by certificate number — — , in my name, and hereunto annexed, and do hereby constitute and appoint , the secretary of the eom- pan;y, my true and lawful attorney, irrevocably, for me and in my name and stead, to assign and transfer the said stock unto the said , and, for that purpose, to make and execute tlie necessary acts of assignment and transfer, and an attorney, or attorneys, under liim for that pur- pose, to make and substitute, and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming the same. In witness whereof [etc.]. [Signature.] NOTE. — No instrumeut containing a power to convey or execute instru- ments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed, unless the iustrumont cnii- taining such revocation is also acknowledged or proved, certified, and re- corded in the same office in which the instrument containing the power was recorded: See Cal. Civ. Code, sec. 1216. Form 2990 Cowdery's Form Book. 1032 PROBATE HOMESTEADS. 2990. Petition for decree setting apart r.oinestsad. 2991. Order assigning homestead on death of head of family. 2992. Decree setting apart homestead. 2993. Order setting apart probate homestead for support of family. 2994. Order selecting prohate homestead out of separate property of de- ceased. 2995. Order assigning homestead to widow — Common property. 2996. Order assigning homestead to vadov/ — Separate property. 2997. Clause in inventory when homestead exceeded five thousand dollars in value, when selected and cannot he divided. 2998. Clause in inventory when homestead exceeds five thousand dollars in value, when selected and can he divided. 2999. Dissenting report by one appraiser. 3000. Order setting report of appraisers for hearing. 3001. Order confirming the report of majority of appraisers of homestead. 3002. Order rejecting majority report of appraisers of homestead. No. 2990. Petition for Decree Setting Apart Homestead. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: The petition of M. J., the administratrix of the estate of T. J., de- ceased, respectfully shows: That said deceased was a resident of the said city and county of San Francisco, at the time of his death, and left estate, real and per- sonal, in said city and county. That letters of administration were issued to said M. J. on the six- teenth day of May, 1917 ; and that on the third day of June, 1917, said administratrix duly returned an inventory and appraisement of said estate to said superior court. That a certain quantity of land in said inventory, and hereinafter particularly described, together with the dvrelling-house thereon and its appurtenances, was selected by said deceased in his lifetime, and was occupied by said deceased and his family at the time of his death, as a homestead; that since the said time of his death, and up to this date, the widow, the said M. J., and the children of said deceased, have remained in the possession of the said homestead. That the same does not exceed in value the sum of five thousand dollars, and was appraised, as appears by said inventory and appraise- ment, at the sum of three thousand dollars only. That said selection was made by said deceased and his said wife, M. J., declarins: their intention, in writing, to claim the same as a homestead ; that said declaration stated an estimate of the value of said land, and showed that they were married and the heads of a family; that they were, at the time of making such declaration, residing with their family on said premises (said premises being particularly described in said declaration), and that it was their intention to use and claim 1033 Probate Homesteads. Form 2991 the same as a homestead, wliich said declaration was signed by the said party making the same, and acknowledged and recorded as conve5'ances affecting real estate are reciuircd to be acknowledged and recorded. That the family of said deceased consists of said M. J., his widow, and W. J., J. J., C. and E. J., his children. That the said quantity of land hereinbefore referred to is situated in said citj^ and county of San Francisco, state of California, and is bounded and particularly described as follows, to wit: [Description.] Wlierefore, your petitioner prays that the said homestead, consisting of said quantity of land, together with the dwelling-house thereon and its appurtenances, be set apart for the use of the family of the said deceased. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sees. 1474-1486. See, also, Alaska. Comp. Laws 191.3, sees. 1647-1651; Arizona, Rev. Stats. (Civ. Code 1913), sec. 872; Idaho, Rev. Codes 1907, sec. 5447; Kansas. Gen. Stats. 1915, sees. 3826, 3827; Montana, Eev. Codes 1907, sec. 7515; Nevada, Rev. Laws 1912. sees. 2165, 5956, 5957; North Dakota, Comp. Laws 1913, see. 5629; Oklahoma, Harris & Day's Code 1910, sec. 6328; Oregon, Lord's Oregon Laws, sec. 1233 et seq.; South Dakota, Comp. Laws 1913, sec. 5780; Utah, Comp. Laws, 1907, sees. 384G, 3847; Washington, Rem. Code, see. 1465; Wyoming, Comp. Stats. 1910, sec. 5606. No. 2991. Order Assigning Homestead on Death of Head of a Family. [Title of Court and Cause.] It appearing to the court that said A. B., deceased, was at the time of his death the head of a family, and that tlie homestead described in the inventory filed in the above-entitled matter was selected from his separate property. That his wife, being dead, he was at the time of his death residing with his family on said premises, and that his family consisted of B. B., an unmarried sister of the age of 65 years, who then was, and now is, unable to support herself; also his father, B. B. B. ; his grandmother, E. B.; a minor child of his deceased brother, C. B., named 0. B., aged 12 years; a minor, named J. B., brotlier, of the age of 11 years; and his minor gi-andchild, F. A. B., aged 14 years. That said homestead is described as follows, to wit: [Descrijition.] It is ordered that said premises, with tlie improvements thereon, be, and they are hereby, assigned to the family of said deceased, until the said B. B., his unmarried sister, is able to support herself; and until tlie death of B. B. B., his fatlier, and until the death of E. B., his grand- mother, and until 0. B., tlie minor daughter of his brother C. B., rca^^b-cs her majority, and until his minor brother, J. B., reaches his majority, and until his minor grandson, F. A. B., reaches his majority. Dated . [Signature.] NOTE. — There being no direct statutory definition of the word "family" as used in the California codes, this form was i)rcpared under the assumption that, by implication, a family consists of the (one or more) persons men- Forms 2992, 2993 Cowdery's Form Book. 1034 tioned in the Civil Code, sections 1238, 1260, 1261, 1262, 1263, 1266 and 1474. The phrase, "head of a family," is defined in section 1261 to be a person who resides on the homestead premises with "him or her," that is to say, the class of persons (one or more of them) mentioned as bene- ficiaries in the above form is necessarily the family of which the deceased A. B. was the head. The statute refers to the family as continuing after the head of it is no more. No. 2992. Decree Setting Apart Homestead. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having, on the sixth day of July, 1917, made application to the judge of this court, by petition, for an order setting apart, for the use of the family of said deceased, the homestead in said petition and hereinafter par- ticularly described, together with the dwelling-house thereon and its appurtenances; [or, if the order is made by the court without petition, or upon verbal application in open court, then say] it is ordered that all that certain lot, [describing it] be and the same is, etc., set apart, etc. And all and singular the law and the evidence being by the court understood and considered, it is ordered, adjudged, and decreed, that all that certain lot, piece, or parcel of land, described in said petition as situate in the city and county of San Francisco, state of California, and debcribcd as follows, to wit: [Description.] Together v>'ith tlie dwelling-house thereon and its appurtenances, be, and the same is hereby, set apart for the use of the family of said T. J., deceased [or to said M. J.] ; and that the same shall not be subject to administration; And it is furtlier ordered that a certified copy of this decree be re- corded in the office of the county recorder of said city and county of San Francisco. NOTE.— California, Code Civ. Proc, sec. 1465. No. 2993. Order Setting Apart Probate Homestead for Support of Family. [Title of Court and Cause. j It appearing to the court that the inventory herein has been returned; and it further appearing to the court that during the lifetime of said deceased a homestead had not been selected, designated and recorded ; It is hereby ordered that out of the real estate described in the inven- tory made and filed in the matter of said estate, a homestead be. and is hereby set apart for the use of A. B. C, the sui-viving wife of said C. B. C, deceased, and their minor children, to wit, J., aged ten years; M., aged eight years, and B., aged two years. Said homestead is bounded and described as follows, to wit: [Description.] Dated • [Signature.] NOTE.— California, Code Civ. Proc, sec. 1465. 1035 Probate Homesteads. Forms 2994-2997 No. 2994. Order Selecting Probate Homestead Out of Separate Prop- erty of Deceased. [Title of Court and Cause.] It appearing to the court that said A. B., deceased, was at the time of his death the head of a family, and that the homestead described in the inventory filed in the above-entitled matter, was selected from his separate property; And it appearing to the court that said property was the separate property of deceased, and that he left surviving A. B. D., his widow, and no minor children, it is ordered that out of said property a home- stead be, and the same is hereby selected, designated and set apart for the use and benefit of said A. B. D. during the remainder of her life. Said homestead is bounded and described as follows, to wit: [Descrip- tion.] Dated , 19-. ^ j^^^^^ No. 2995. Order Assigning Homestead to Widow— Common Property. [Title of Court and Cause.] It appearing to the court from the inventory filed herein that the homestead therein described was in the form and manner as is by law provided, selected and designated from the common property of A. B. C, deceased, and his widow, D. E. C, it is hereby ordered that all that property situated in the city and county of San Francisco, state of California, with improvements thereon, bounded and described as fol- lows, to wit [description], be, and the same is hereby, set apart for the use of D. E. C, the surviving wife of said deceased. Dated . [Signature.] No. 2996. Order Assigning Homestead to Widow— Separate Property. [Title of Court and Cause.] It appearing to the court from the inventory filed herein that the homestead therein described was, in the manner and form as is by law provided, selected and designated by said A. B. C, deceased, out of his separate property, it is hereby ordered that said homestead be, and the same is hereby, set apart for the use of B. A. C, the surviving wife of said deceased. Dated . [Signature.] No. 2997. Clause in Inventory When Homestead Exceeded Five Thou- sand Dollars in Value, When Selected and Cannot be Divided. [Title of Court and Cause.] To the Honorable the Superior Court: The undersigned, the appraisers appointed to make an appraisement of all the property of the above-entitled estate, have returned in the Forms 2998, 2999 Cowdery's Form Book. 1036 inventory of which this writing is a part as the homestead of said deceased all that lot of land which is bounded and described as follows, to wit, commencing [description], was on the third day of May, 1917, with the dwelling-house therein, selected and recorded in the recorder's office of said city and county as a homestead by said deceased, and the same is in this inventory appraised at $12,000, and we and each of us liave carefully insj^ected said property, and have ascertained and appraised tlie value of said homestead, on the third day of May, 1917, at $8,000, which said sum was the value of said homestead at the time it was selected, and we have found that said premises cannot be divided without material injury. Dated . [Signatures.] NOTE.— See Cal. Code Cir. Proc, sees. 1443, 1476. No. 2998. Clause in Inventory When Homestead Exceeds Five Thou- sand Dollars in Value, When Selected and can be Divided. [Title of Court and Cause.] To the Honorable the Superior Court: The undersigned, the appraisers appointed to make an appraisement of all the property of the above-entitled estate, have returned in tlie inventory of which this writing is a part, as the homestead of said de- ceased, all that lot of land which is bounded and described as follows, to wit, commencing [description], was on the third day of May, 1914, with the dwelling-house therein, selected and recorded in the recorder's office of said city and county as a homestead by said deceased, and the same is in this inventory appraised at $12,000, and we and each of us have carefully inspected said property, and have ascertained and appraised the value of said homestead, on the third day of May, 1914, at $8,000. And we have determined that said premises can be divided without material injury, and we have admeasured and set apart as a homestead to the parties the said court adjudges to be entitled thereto, all that lot of land, including the dwelling-house thereon, bounded and described as follows, to wit, commencing [description], and we have determined that the premises herein last above described, including the dwelling- house, amount in value to the sum of $5,000. Dated . [Signatures.] NOTE.— See Cal. Code Civ. Proc, sees. 1443, 1476. No. 2999. Dissenting Report by One Appraiser. [Title of Court and Cause.] To the Honorable the Superior Court of the State of California in and for the County of : The undersigned, the appraisers appointed to make an appraisement of all the property of the above-entitled estate, have returned in the 1037 Probate Homesteads. Form 3000 inventory of which this writing is a part, as the homestead of said deceased, all that lot of land which is bounded and described as follows, to wit, commcncinf^ [description], was on the third day of May, 1914, with the dwelling-house therein, selected and recorded in the recorder's office of said city and county as a homestead by said deceased, and the same is in this inventory appraised at $12,000, and we and each of us have carefully inspected said propcrtj^, and have ascertained nnd ap- praised the value of said homestead, on the third day of May, 1914, at $8,000. The undersigned dissents from all that part of the report of the majority of the appraisers appointed to appraise and inventory the property belonging to said estate which states that "said premises can be divided without material inji;ry," because I am of the opinion that the premises, as a whole, including the dwelling-house thereon, can be readily sold for $12,000, but as subdivided in the manner described in the majority report, the fair market value of the homestead is $5,000, but the remainder of the homestead premises as selected and recorded on Llay 3, 1914, is not worth over $4,000, and $4,000 is about its present market value. The homestead dwelling-house I find is of tlie value of $6,000, and the land on which it stands not over $1,000; bxit if the dwelling-house is moved to the center of the present homestead lot, and it can be moved at an expense of $500, the whole property will, in my opinion, sell for $13,000. I therefore recommend that the major- ity report be rejected and that other appraisers be appointed to re- examine and appraise said property. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec, 1477. No. 3000. Order Setting Report of Appraisers for Hearing. [Title of Court and Cause.] The appraisers appointed in the above-entitled matter, having made and reported to this court their inventory and appraisement, it is or- dered that all that part of their report (and the dissenting report of one of said appraisers, relating to the homestead of said deceased), be, and the same is, set for hearing objections to said repe "t from anyone interested in said estate on Friday, the third day of October, 1917, at 10 o'clock A, M., and it is ordered that notice of said hearing be given by the executor of said estate by serving notice of said liearing on all persons who have appeared in said matter. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec. 1478. Forms 3001, 3002 Cowdery's Form Book. 1038 No. 3001. Order Confirming the Report of Majority of Appraisers of Homestead. [Title of Court and Cause.] The matter of hearing objections to the report of the majority of the appraisers in the above-entitled matter coming on to be heard on this third day of October, 1917, and it appearing to the court that notice of the time and place of said hearing has been given as is by the order of this court directed, and all parties interested having been heard, and the matter having been submitted for judgment, it is ordered that the report of J. S. and H. B., the majority of the said appraisers, be, and the same is, hereby confirmed; and it is further ordered that the homestead as described in the report of the majority of the said ap- praisers be, and the same is hereby, declared to be the homestead of A. B. C, the widow of said R. P. C, deceased. Dated . , Judge. NOTE.— California, Code Cir. Proc, sec. 1478. No. 3002. Order Rejecting Majority Report of Appraisers of Home- stead. [Title of Court and Cause.] The matter of hearing objections to the report of the majority of the appraisers in the above-entitled matter coming on to be heard on this day of , 19 — , and it appearing to the court that notice of the time and place of said hearing has been given as is by the order of this court directed, and all parties interested having been heard, and the matter having been submitted for judgment, it is ordered that the report of J. S. and H. B., the majority of the said appraisers, be, and the same is hereby rejected, and H. S., J. D. and W. H. be, and they are hereby, appointed appraisers to examine upon the homestead as the same is described in the inventory and appraisement on file in said estate. Dated . , Judge. NOTE.— CaUfornia, Code Cir. Proc, lec. 1478. 1039 Probate Lease. Forms 3020, 3021 PROBATE LEASE. 3020. Petition for order to lease realty by executor, administrator or guardian. 3021. Order to show cause why lease of real estate should not be made. S022. Order directing administrator to execute lease. 3023. Probate lease. 3024. Order to show cause on application to modify lease. No. 3020. Petition for Order to Lease Realty by Executor, Adminis- trator or Guardian. [Title of Court and Estate.] The petition of E. D. states that she is the administratrix of the estate of C. D., deceased. That said estate is the owner of the certain house and lot in said cit}'' and county described as follows: [Description.] That said property is community property of deceased and your peti- tioner, his surviving wife. That the time for presentinti: claims against said estate has expired, and there is enough money in the hand of the administratrix sufficient to pay the family allov/ance, the expenses of administration and all claims against the estate. That said property will be distributed to petitioner and her and deceased's son, E., aged 16 years, he being their only child and only heir at law of deceased. That G. H. has made an offer to lease said property during the minor- ity of said child at a rental of $200 a month, and petitioner is informed and believes that the offer is advantageous to said estate, and petitioner is advised that if said lease is executed before said property is dis- tributed that the lessee will hold good for the time stated in the lease. The rents are to be paid on the first day of every month in advance; and all improvements made by the lessee to become the property of the lessors and the lease is not to be sublet nor assigned. Wherefore [etc.]. [Signature.] NOTE.— California, Code Civ. Proc, sec. 1579. See, also, Arizona, Rev. Stats. (Civ. Code 1913), see. 966; California, Cede Civ. Proc. sees. 1577-1579; Montana, Ptev. Codes 1907, sees. 7600, 7602; New Mexico, Stats. Ann, 1915, sees. 4404, 4407; Utah, Comp. Laws 1907, see. 3908. No. 3021. Order to Show Cause Why Lea^e of Real Estate Should not be Made. ^Title of Court and Estate.] Upon reading the petition of E. D., administratrix of the estate of C. D., deceased, for an order to lease a house and lot belonging to said estate, it is ordered notice will be given that all persons interested in said estate appear before this court on Monday, June 3, 1917, at ten o'clock A. M., then and there to show cause why that house and lot No. 3727 !Maple Street in said city and county should not be leased for the period Forms 3022, 3023 Cowdery's Form Book. 1040 of five years, at the rental of $200 a month, payable in advance; said notice shall refer to said petition for further particulars; and it is further ordered that said notice shall be published for two successive weeks in a newspaper of general circulation. Dated . . Judge. NOTE. — The order to show cause may be personally served on the per- sons interested in the estate at least ten days prior to the time appointed for hearing the petition, or it may be published for two successive weeks in a newspaper of general circulation in the county: California, Code Civ. Proc, sec. 1579; Arizona, Rev. Stats. 1913, par. 966. No. 3022. Order Directing Administrator to Execute Lease. [Title of Court and Estate.] The matter of the petition of the administrator of the estate of C. D., deceased, coming on this day to be heard, it is ordered that he execute a written lease of the premises described in his petition to G. H. for five years from the date of the lease, for the minimum sum of $12,000, gold coin of the United States, to be paid in 60 equal installments of $200, to be paid on the first day of each month during said term. Said lease not to be sublet, assigned or surrendered, without an order of this court until distribution is made of the property described in the lease. Dated . [Signature.] NOTE. — The order may prescribe the minimum rental to be received for the premises, and the period of the lease which in no case must be longer than for five years, and the court may prescribe other terms and conditions of such lease: California, Code Civ. Proc, sec. 1579; Arizona, Rev. Stats. 1913, par. 966. No. 3023. Probate Lease. This indenture made the twenty-second day of June, 1908, at the city of , county of , state of California, bj'^ and between , the duly appointed, qualified and acting administrator of the estate of ■ , deceased, late of the county aforesaid, the party of the first part, and , of the same place, the party of the second part, witnesseth : That whereas, on the day of , 19 — , the superior court of the state of California, in and for the county of Sonoma, made an order authorizing the said party of the first part to lease certain real prop- erty belonging to said estate, situated in the aforesaid county and state, and specified and particularly described in said order of lease, which order is now on file and of record in said court and is hereby referred to and made a part of this indenture. And whereas, under and by virtue of said order of lease, said party of the first part, on the day of , 19 — , agreed to lease the real property hereinafter described, on the terms and conditions hereinafter stated, to said party of the second part for the term of one year. 1011 Probate Lease. Form 3024 Now, therefore, in consideration of the premises, the said partj^ of the first part hereby demises and leases to the said party of the second part all that certain piece of land situated in the county of , state of California, and described as follows: [Here describe premises and set forth the terms and conditions of the lease.] In witness whereof the said parties have liereunto set their hands the day and year first above written. As Administrator of the Estate of , Deceased. NOTE. — A certified copy of the order must be recorded in the county in which some part of the property lies. No omission, error, or irreeularity in the proceedings impairs or invalidates the lease: California, Code Civ. Proc., sec. 1579; Arizona, Rev. Stats. 1913, par. 966. No. 3024. Order to Show Cause on Application to Modify Lease. [Title.] A. L. L. and J. W. L., executors of the last will and testament of I. S., deceased, this day having filed herein their petition praying tliat this court make its order directing said executors to enter into a modi- fication of that certain lease bearing date April 27, 1917, on said date made by said I. S., deceased, to H. A. S., in and by wliich said lease bearing date April 27, 1917, said deceased leased to said H. A. S. that certain piece and parcel of land in the city and county of San Fran- cisco, state of California, described as follows: [description]; and a building to be erected thereon in accordance with certain agreed plans and specifications, for a term of five years, commencing on the comple- tion of said building, at a monthly rental of four hundred and fifty dollars ($450) during the first two years, and four hundred and seventy- five dollars ($475) during the next three years of said term, by leasing to said H. A. S., for said period, such land and a building to contain certain additions, for the same term and at an added montlily rental of two-thirds per cent (%%) of the actual cost of such additions, all as is particularly set forth in said petition, to which reference is hereby made for further particulars; Now, therefore, it is hereby ordered that all persons interested in said estate appear before tliis court, Department No. 10 thereof, at the City Hall in the city and county of San Francisco, state of Cali- fornia, on Monday, July 2, 1917, at 10 o'clock A. M. on said day, tlicn and there to show cause, if any they have, why said modification of lease should not be entered into as praj^ed in and by said petition. Done in open court this 13th day of June, 1917. , Judge. Form Book — 66 Form 3040 Cowdery 's Form Book. 1042 PROBATE MORTGAGE. 3040. Petition for leave to mort'^age. 3041. Order to show cause on application to mortgage. 3042. Order empowering administrator to mortgage. 3043. Mortgage by administrator. No. 3040. Petition for Leave to Mortgage. [Title of Court and Estate.] The petition of M. D., the administratrix of the estate of C. D., de- ceased, respectfully shows: 1. That said C. D. died intestate in the said city and county of San Francisco, state of California, on the 6th day of May, 1915. That at the time of his death he was a resident of said city and eountj', and left estate therein consisting of real and personal property. 2. That on the twenty-sixth day of May, 1915, on proceedings herein for that purpose duly had, your petitioner was, by this court, appointed the administratrix of the estate of said C. D., deceased, and she having thereupon duly qualified as such administratrix, letters of administra- tion of the said estate were duly issued to her on said day. At all times since she has been, and now is, the duly appointed, qualified, and acting administratrix of the estate of C. D., deceased. That on the twenty- second day of August, 1916, j^our petitioner returned and filed herein a true inventory and appraisement of all the property of said estate. That your petitioner has caused notice to the creditors of said deceased and of his said estate to be published, as required bj' law and the order of this court; and that heretofore, to wit, on May 31, 1916, this court made and filed herein its decree declaring that due notice to said cred- itors had been duly given. That the time for presentation of the claims of said creditors has expired. That on the thirteenth day of August, 1916, your petitioner filed herein her first annual account of her administration of said estate, which, on the twenty-eiclitli day of August, 1916, was, by this court, duly approved as rendered. That by said account it appeared that there was then in her hands belonging to said estate a cash balance of eight hundred and ninety and 1/100 dollars. That she has since collected the further sum of $1,000, so that the total amount now in her pos- session belonging to said estate is the sum of $1,890 1/100. That the other personal property of said estate consists of promis- sory notes and bills receivable for store accounts which are difficult to collect or realize upon, and tliat the same cannot be collected within one year herefrom. Upon her information and belief she states that the total amount of money finally realized from said collection will not exceed the sum of $3,000. [Description.] That the real property of said deceased and of his said estate is situated in the city and county of San Francisco, and is described as follows: 1043 Probate INIortgage. Form 3040 That the said lot of land has five buildings thereon, and that they now yield a monthly rental of one hundred and ten dollars. That the value of said real property, as set forth in said appraisements on file herein, is the sum of twenty thousand seven hundred and sixty-eight dollars. That said real property is encumbered by (1) a mortgage to secure the payment of two thousand dollars by said deceased, the claim where- for has been presented and allowed herein as a debt of said estate, and (2) a lease for five years from March 1, 1904, covering the southwest corner of said lot fronting thirty-one and a half feet on Filbert Street by ninety feet on Fillmore Street. That claims of the creditors of said deceased and of his said estate have been presented, approved and filed herein as follows: Claimant. Character of Claim. Amount due. T & B Merchandise $10049 79 p'. C. C.C.M. Co. *' 330 00 0. L. •' 27 75 [If others state same as above.] There has been paid on account of the above claims and of the interest thereon the sum of eleven hundred and seventy-four dollars. That the total amount thereof now due and unpaid is the sum of nine thousand six hundred and ninety-four 27/100 dollars. That there are no legacies nor charges of administration now due or unpaid. Tliat it would be to the advantage of said estate to borrow the sum of ten thousand dollars secured to be repaid by a mortgage on the hereinbefore described real property, for the following reasons, namely : The approved claims of creditors of said estate, amounting to about ten thousand dollars, as hereinbefore stated, are now due and must speedily be paid by said estate. The proceeds of the personal prop- erty of said estate cannot be realized upon within one or more years, and can then pay only a small portion of said indebtedness of the estate. Hence, money to pay that indebtedness must be procured at once, either by a sale of said real property or by a loan secured by mortgage on it. But the real estate market in this city and county is in a gi'eatly de- pressed condition, and a sale of said real property at this time would realize, as your petitioner is informed and believes, not more than seventy-five per cent of its said appraised value. In the judgment of real estate dealers, if such sale be deferred for two years, it would realize for said estate a price equal to, or exceeding, the said appraised value ; and your petitioner coincides in that opinion. That the present rents of the said real property will pay the interest on such mortgage, and leave a small surplus to be applied to the sup- port of the family of said deceased. That the said deceased left no will or testament, and hence, no devisees nor legatees. That the heirs and next of kin of said C. D., Form 30i0 Cowdery's Form Book. 1014 deceased, surviving him are your petitioner, his surviving wife, and tlieir two children, M. D., aged thirteen years, and F. C. D.,%ed eleven years, both residing with your petitioner in this city and county. Your petitioner alleges, therefore, that it would be for the advantage of said estate to raise sufficient money by a mortgage on said described real property of said estate wherewith to pay the said approved claims and debts of said estate. _ Wherefore, your petitioner prays for an order of this court author- izing, empowering and directing her, as the administratrix of said estate to borrow the sum of ten thousand dollars, or such lesser sum as shall to tlie court appear necessary wlierewith to pay the debts of said estate, for a period of not less than two years, at a rate of interest not exceed- ing eight per cent per annum, payable monthly during said period, and to mortgage to the lender of such money to secure to him the repay- ment of such loan, the hereinbefore described real property of said deceased and of his said estate, and that in said mortgage she be per- mitted to make such covenants as are usually in such instruments con- tained and not contrary to the provisions of law in this regard. [Signature.] [Verified.] NOTE. — To obtain an order to mortgage such realty, the proceedings to be taken and the effect thereof shall be as follows: First. The executor or administrator of any estate, or guardian of any minor or incompetent person, or any person interested in the estates of such decedents, minors, or incompetent persons, may file a verified petition showing: 1. The particular purpose or purposes for which it is proposed to make the note or notes and mortgage, which shall be either to maintain the ward and his family or to maintain and educate the ward when a minor, or to pay the debts, legacies, or charges of administration, or to pay, reduce, extend, or renew some lien or mortgage already subsisting on said realty or some part thereof; or, if the application be made by the guardian of any minor or incompetent person, to erect, alter or repair buildings or other structures upon, or otherwise to improve, the realty proposed to be mort- gaged, or some part thereof. 2.^ A statement of the facts and circumstances showing the insufficiency of the income of the estate under guardianship to maintain the ward and his family or to maintain and educate the ward when a minor and the debts, legacies, charges of administration, liens or mortgages to be paid, reduced^ extended, or renewed, as the ease may be; or, if the application be made by the guardian of any minor or incompetent person for the purpose of improving the realty or some part thereof, the condition and value of all the real and personal property then belonging to the estate, a statement of all debts and obligations secured or unsecured outstanding against the estate, and the character and estimated cost of the buildings, "structures or other improvements proposed to be erected, altered or repaired with the proceeds of the mortgage. 3. The advantage that may accrue to the estate from raising the required money_ by note or notes and mortgage or providing for the payment, reduction, extension, or renewal of the subsisting liens or mortgages, as the case may be; or, if the application be made by the guardian of a minor or incompetent person for the purpose of improving the realty belonging to the estate or some part thereof, the advantage that will accrue to the estate by the making of such improvements. 1045 Probate I\roRTGAGE. Form 3040 4. The amount to be raised, with a general description of the property proposed to be mortgaged; and, 5. The names of the legatees and devisees, if any, and of the heirs of the deceased, or of the minor, or of the incompetent person, as the case may be, so far as known to the petitioner. Second. Upon filing such petition, an order shall be made by the court or judge, requiring all persons interested in the estate to appear before the court or judg*:', at a time and place specified, not less than four nor more than ten v^-eeks thereafter, then and there to show cause why the realty (briefly indicating it), or some part thereof, should not be mortgaged for the amount mentioned in the petition (stating such amount), or such lesser amounts as to the court or judge shall seem meet, and referring to the petition on file for further particulars. Third. The order to show cause may be personally served on the persons interested in the estate, at least ten days before the time appointed for hearing the petition, or may be published for four successive weeks in a newspaper of general circulation, published in the county. Fourth. At the time and at the place appointed in the order to show cause, or at such other time and place to which the hearing may be post- poned (the power to make all needful postponements being hereby vested in the court or judge), having first received satisfactory proof of personal service of publication of the order to show cause, the court or judge must proceed to hear the petition and any objections that may be filed or pre- sented thereto. Upon such hearing, witnesses may be compelled to attend and testify, in the same manner, and with like effect, as in other cases; and if, after a full hearing, the court or judge is satisfied that it will be for the advantage of the estate to mortgage the whole or any portion of the real estate, an order must be made authorizing, empowering, and direct- ing the executor or administrator, or the guardian of such minor or incom- petent person, to make such mortgage, and a promissory note or notes to the lender, for the amount of the loan, to be secured by said mortgage; the order may direct that a lesser amount than that named in the petition be borrowed and may prescribe the maximum rate of interest and period of the loan, and may direct in what coin or currency it shall be paid, and require that the interest and the whole or any part of the principal be paid, from time to time, out of the whole estate or any part thereof, and that any buildings on the premises to be mortgaged shall be insured for further security of the lender, and the premiums paid from such incom.e. Fifth. After the making of the order to mortgage, the executor, admin- istrator, or guardian of a minor or of an incompetent person shall execute and deliver a promissory note or notes for the amount and period specified in the order, and shall execute, acknowledge, and deliver a mortgage of the premises, setting forth in the mortgage that it is made by authority of the order, and giving the date of such order. A certified copy of the order shall be recorded in the office of the county recorder of every county in which the encumbered land, or any portion thereof, lies. The note or notes and mortgage shall be signed by the executor, administrator, or guardian as such, and shall create no personal liability against the persons BO signing. Sixth. Every note or notes and mortgage so made shall be effectual to mortgage and hypothecate all the right, title, interest, and estate which the decedent, minor, or incompetent person had in the premises described therein at the time of the death of such decedent, or at the time of the appointment of the guardian of such minor or of such incompetent person, or prior thereto, had any right, title, or interest in said premises acquired by the estate of such decedent, minor, or incompetent person, by operation of law or otherwise, since the time of the death of such decedent, or the appointment of the guardian of such minor or incompetent person. Juris- diction of the court to administer the estate of such decedent, minor or incompetent person shall be effectual to vest such court and judge with Form 3041 Cowdery 's Form Book, 1046 jurisdiction fo make the order for the note or notes and mortgage, and such jurisdiction shall conclusively inure to the benefit of the mortgagee named in the mortgage, his heirs and assigns. No irregularity in the pro- ceedings shall impair or invalidate the same or the note or notes and mort- gage given in the pursuance thereof, and the mortgagee, his heirs and assigns, shall have and possess the same rights and remedies on the note or notes and mortgage as if it had been made by the decedent prior to hia death, the minor after reaching the age of maturity, or the incompetent person when legally competent; provided, however, that upon any fore- closure, if the proceeds of the encumbered property are insuflficient to pay the note or notes, and mortgage, no judgment or claim for any deficiency of such proeoeils to satisfy the note or notes and mortgage, or the eosta or expenses of sale, shall be had or allowed, except in cases where the note or notes and mortgage were given to pay, reduce, extend, or renew a lien or mortgage subsisting on the realty, or some part thereof, at the time of the death of the decedent, and the indebtedness secured by such lien or mortgage was an allowed and approved claim against his estate, or a lien upon the interest of the minor in said real estate at the time it vested in him, or upon the estate of the incompetent at the time the incompetency of the incompetent person was so declared by the court; and provided, also, that in eases affecting the estate of the deceased person the part of the indebtedness remaining unsatisfied must be classed and paid with other demands against the estate, as provided in article three, chapter ten, of title eleven, part three, of the Code of Civil Procedure, with respect to mortgages subsisting at the time of death: California, Code Civ. Proc, sec. 1578. See, also, Arizona, Rev. Stats. (Civ. Code 1913), sees. 958-965; Colorado, Mill's Ann. Stats. 1912, sees. 7977, 7980; Montana, Rev. Codes 1907, sees. 7547, 7600, 7602; Nevada, Rev. Laws 1912, sec. 6146; New Mexico, Stats. Ann. 1915, sec. 4410; Oregon, Lord's Oregon Laws, sec. 1278; Utah, Comp. Laws 1907, sec. 3908; Washington, Rem. Code, sees. 1498-1506. Mo. 3041. Order to Show Cause on Application to Mortgage. [Title of Court and Estate.] M. D., as the administratrix of the estate of C. D., deceased, having filed herein her duly verified petition praying for an order of this court authorizing and directing her to borrow the sum of $10,000 or such lesser sum as the court may deem necessary wherewith to pay the debts of said estate, and for the purpose of securinsr the payment of such loan, to mortgage to the lender of such money that certain real property of said estate situate in said city and county of San Francisco, state of California. [Description.] It is ordered that all persons interested in said estate appear before this court, at its courtroom [Department No. 10], in said city and county, on the fifth day of November, 1917, 10 o'clock A. M., and then and there show cause why the said prayer of said petition should not be granted and the real property above described mortgaged to secure a loan to said estate of ten thousand dollars, or such lesser amount as the court may deem meet, wherewith to pay the debts of said estate. For all further particulars of said petition all persons interested are hereby referred to the petition now on file herein. Dated . , Judge. 1047 Probate Mortgage. Form 804:2 NOTE. — In California, upon filing the petition [see Petition for Order], an order shall be made by the court or judge, requiring all persons inter- ested in the estate to appear before the court or judge, at a time and place specified, not less than four nor more than ten weeks thereafter, then and there to show cause why the realty (briefly indicating it), or somepart thereof, should not be mortgaged for the amount mentioned in the petition stating such amount, or such lesser amount as to the court or nuiga shall seem meet, and referring to the petition on file for further particulars. The order to show cause may be personally served on the persons inter- ested in the estate at least ten days before the time appointed for hearing the petition, or it may be published for four successive weeks in a news- paper of general circulation published in the county: California, Code Civ. Proc, part of sec. 1578; Arizona, Rev. Stats. 1913, pars. 958-965; Montana, Rev. Codes, sec. 7547; Washington, Rem. Codes, sec. 1505. No. 3042. Order Empowering Administrator to Mortgage. [Title of Court and Estate.] M. D., the administratrix of the estate of C. D., deceased, having petitioned this court for an order empowering her as such administratrix to mortgage the land and improvements described in said petition for the benefit of said estate, and said matter coming on this day to be heard, and satisfactory proof having been m.ade of personal service of the order to show cause why this order should not be made on all persons interested in said estate, and no objections having been made to the making of this order; and proof having been made to the court's satisfaction that it is for the best interests of said estate to make this order : It is therefore ordered that the said administratrix execute in the name of and for the benefit of said estate, a mortgage of all the land and improvements described in said petition to any person, firm, or corporation who will lend said estate $10,000 in gold coin of the United States, payable two years after the date of this order with interest at the rate of not exceeding seven per cent per annum payable semi- annually. The land and improvements ordered mortgaged are situated in the city and county of San Francisco and bounded and described as follows, to wit : [Description.] Dated . , Judge. NOTE.— In California, at the time and at the place appointed in the order to show cause, or at such other time and place to which the hearing may be postponed (the power to make all needful postponements being hereby vested in the court or judge), having first received satisfactory proof of personal service, or publication of the order to show cause, the court or judge must proceed to hear the petition, and any objections that may be hied or presented thereto. Upon such hearing witnesses may be compelled to attend and testify in the same manner and with like effect as in other cases; and if, after a full hearing, the court or judge is satisfied that it v/ill be for the advantage of the estate to mortgage the whole or any portion of the real estate, an order must be made authorizing, empowering, and directing the executor or administrator, or the guardian of such minor or Form 3043 Cowdery's Form Book. 1048 Incompetent person, to make such mortgage. The order may direct that a lesser amount than that named in the petition be borrowed, and may pre- scribe the maximum rate of interest and period of the loan, and require that the interest, and the whole or any part of the principal, be paid, from time to time, out of the whole estate, or any part thereof, and that any buildings on the premises to be mortgaged shall bo insured for further security of the lender, and the premiums paid from such income: California, Code Civ. Proc, part of sec. 1578. No. 3043. Mortgage by Administrator. [Title of Court and Estate.] This indenture witnesseth: That whereas, by an order made by the superior court of the county of Sonoma, state of California, on the day of , 19—, in the matter of the estate of , deceased, I, , the administrator of said estate was authorized, empowered and directed to mortgage certain real property belonging to said estate and herein- after described; and whereas I, the said , liave obtained from of the county aforesaid, the loan of dollars, on the terms and conditions specified in said order. Now, therefore, I, the said , in my capacity as administrator aforesaid, and by virtue of the authority in me vested as aforesaid, and in consideration of the sum of dollars to me in hand paid by said , do liereby mortgage to said all that certain real prop- erty situated in county, state of , being the , as security for the payment on the day of , 19—, to said , of the said sum of dollars, with interest thereon from date at per cent per annum, payable annually. In witness whereof I have hereunto set my hand, in my capacity as administrator aforesaid, this day of , 19 — . State of , County of , ss. On this day of , 19—, before me, , a notary public in and for the said county of , state of , personally appeared • , known to me to be the person whose name is subscribed to tlie U'itliin instrument, as the administrator of the estate of , deceased, and acknowledged to me that he, as such administrator, executed tlie same. In witness whereof, I have hereunto set my hand and affixed my official seal at the said county of , the day and year in this cer- tificate first above written. f Notary Public. 104:9 Probate Sales. PROBATE SALES. 3061. Petition for order to sell perishable personal property. 3062. Petition for order of sale of personal property. 3064. Petition for order of sale of real estate for best interests of heirs at law. 3065. Petition for order of sale of all the property of insolvent estate at one sale. 3066. Petition by administrator to sell stock in mining company. 3067. Petition for order of sale of real estate where all persons Interested join in petition. 3068. Petition for order of sale of real estate where all persons interested assent in writing. 3069. Petition by creditor for order of sale of real estate. 3070. Petition for order of sale of real estate to pay debts or family allowance. 3071. Petition for order to sell real estate to pay inheritance tax. 3072. Objection to sale of real estate. 3073. Opposition to sale of personal property. 3074. Order for sale of personal property. 3075. Order to sell perishable personal property. 3076. Order to show cause on sale of personal property. 3077. Order to show cause on sale of mining stock. 3078. Order to show cause on sale of real estate. 3079. Admissions of service of order to show cause on sale of real estate. 3080. Order of sale of real estate. 3081. Order of sale of real estate without published notice. 3082. Order of sale of personal property upon petition for sale of realty. 3083. Order of sale of all property belonging to estate at one sale. 3084. Order of sale of real estate by administrator upon petition of person interested. 3085. Order to show cause on sale of mining interest. 3086. Order of sale of mining stock. 3087. Bond of administrator on sale of real estate. 3088. Bond to administrator and interested persons upon sale of contract for purchase of lands. 3089. Notice of sale of personal property. 3090. Notice of sale of real estate at auction. 3091. Notice of postponement of sale of real estate. 3092. Notice of sale of real property at private sale. 3093. Return and account of sale of real estate. 3094. Affidavit of posting notice of sale of real estate — Return Schedule "A.' 3095. Affidavit of publication of notice of sale of real estate — Return Schedule "B." 3096. Affidavit of sale of real estate at public sale — Return Schedule "C." 3097. Account of sale of real estate by auctioneer — Return Schedule "D." 3098. Order fixing day of hearing return of sale of real estate. 3099. Notice of day fixed for hearing return of sale of real estate. 3100. Objections to confirmation of sale of real estate. 3101. Order confirming sale of real estate. 3102. Order confirming sale of real estate by authority of will. 3103. Order confirming sale made in open court. 3104. Order vacating sale of real estate for inadequacy of price. 3105. Notice of motion to set aside sale for neglect to comply with terms. 3106. Order vacating sale and directing resale on failure of purchaser to comply with bid. 3107. Return and account of sales of personal property. 3108. Affidavit of publication of notice of sale of personal estate. Forms 3061, 3062 Cowdery's Form Book. 1050 3109. Affidavit of auctioneer on return of sale of personal estate. 3110. Affidavit of auctioneer on return of sale of personal property. 3111. Order confirming sale of personal property. INTRODUCTORY NOTE. The statutes covering the subject of Probate Sales are cited below. NOTE.— See Alaska, Coiiip. Laws 1913, sees. 1662-1690; Arizona, Rev. Stats. (Civ. Code 1913), see. 908; California, Code Civ. Proc, sec. 1516 et seq.; Colo- rado, Mill's Ann. Stats. 1912, sec. 7965 et seq.; Hawaii, Rev. Code 1915, sees. 2498, 2499; Idaho, Rev. Codes 1907, sec. 5490 et seq.; Kansas, Gen. Stats. 1915, sees. 4553, 4598 et seq.; Montana, Rev. Codes 1907, sees. 7546-7599; Nebraska, Rev. Code 1913, sec. 1446 et seq.; Nevada, Rev. Laws 1912, sec. 5980 et seq.; New Mexico, Stats. Ann. 1915. sees. 2256. 439S et seq.; North Dakota, Comp. Laws 1913, sees. 8764-8791; Oklahoma, Harris & Day's Code 1910, sees. 6360-6409; Oregon, Lord's Oregon Laws, see. 124S et seq.; South Dakota, Comp. Laws 1913, sec. 5812 et seq.; Utah, Comp. Laws 1907, sec. 3877 et seq.; Washington, Rem. Code, sec. 1491 et seq.; Wyoming, Comp. Stats. 1910, sec. 5637 et seq. No. 3061. Petition for Order to Sell Perishable Personal Property. [Title of Court and Estate.] To the Honorable, the Judge of the Superior Court of the City and County of San Francisco, State of California: The petition of J. C, executor of the will of S. D., deceased, respect- fully sliows : Tliat on the thirteenth day of May, A. D. 1917, letters testamentary of the last will of said deceased were issued to your petitioner, and he is now the executor of said will. That at Gridley, in the county of Butte, in said state, there are stored 713 sacks of wheat, which will be liable to depreciate in value if not sold without delay, on account of great danger of being destroyed by insects. That he has received an advantageous offer for said wheat, and said offer is the present market value. Wlieiefore, your petitioner prays that said court order a sale of said wheat without notice being given, or that such other or furtlier order may be made as is meet in the premises. Dated . [Signature.] NOTE'.— California, Code Civ. Proc, sec. 1522. No. 3062. Petition for Order of Sale of Personal Property. [Title of Court and Estate.] To the Honorable J. F. F., Judge of the Superior Court of the City and County of San Francisco, State of California: The petition of M. J., the administratrix of the estate of T. J., de- ceased, respectfully shows: That on the sixteenth day of May, 1917, letters of administration of the estate of said deceased were issued to your petitioner, and that said letters have not been revoked. 1051 Probate Sales. Form 30G2 That immediately after her appointment she caused to be duly pub- lished according to law, a notice to tlie creditors of the said deceased. That the following claim against the said estate has been duly allowed and filed in the said court, to wit: The claim of J. S., for the sum of $1,500, with accruing interest, at the rate of two per cent per month from the twentieth day of April, 1917, on the sum of $1,000, wliioh said claim was presented to, and allowed and approved by said administratrix, on said twentieth day of June, 1917, and presented to aiul allowed and approved by, the judge of said court, on the twenty-second day of June, 1917. That the following expenses of administration have been incurred, to wit: Fees of clerk of this court $ 16 50 Fees of appraisers of estate 30 aO Fees of attorney for administratrix 100 00 Amounting to the sum of $ 147 00 That on the sixth day of July, 1917, an allowance of one hun- dred dollars per month was duly made out of said estate, by said court, for the maintenance of the family of said deceased, during the progress of the settlement of said estate, payable on the sixth day of each and every month, and amounting, at this date, to the sum of 100 00 That at least one year from the time of the appointment of said administratrix, to wit, from May 16, 1917, must elapse before said estate can be closed, when said allowance will have amounted to the additional sum of 1,030 00 Amount of family allowance due and to become due $1,130 00 That the following expenses of administration will necessarily be incurred before said administration can be closed, and the estate finally settled, to wit: Fees of attorney for administratrix, upon closing as per agree- ment $ 40000 Commissions upon $14,137.00, the appraised value of said estate, and the probable amount of the whole estate to be ac- counted for by the said administratrix upon the settlement of her final account ^^^^ "^^ Otlier expenses 100 00 Amounting to the sum of $1,195 48 And making, with the said sum of 1-500 00 And 14700 And --lASOOO The sum of $3,972 48 Form 3064 Cowdery's Form Book. 1052 That no moneys of said estate have come to the hands of your peti- tioner, except the sum of fifty dollars. That said intestate died possessed of personal property, particularly described in the inventory and appraisement heretofore returned to said court, and appraised at the sum of $4,850 (exclusive of the house- hold furniture heretofore set apart for the use of said family), as will appear by said inventory and appraisement, which your petitioner begs leave to make a part of this petition, and that said property is now of the value of about $4,000 only. That, therefore, a sale of the whole, or some portion of said personal property, is necessary for the payment of said claim, expenses of admin- istration, and allowance to the family. Wherefore your petitioner prays that, after notice given of the hear- ing of this application, said court order a sale of the whole or so much of the said personal property as shall be necessary for the payment of said claim, expenses of administration, and allowance to the family of said deceased, or that such other or further order may be made as is meet in the premises. Dated . [Signature.] NOTE. — In California, the executor, administrator or special adminis- trator may apply to the court or judge for an order to sell perishable and other personal property likely to depreciate in value, or which will incur loss or expense by being kept, and so much other personal property as may be necessary to pay the allowance made to the family of the decedent. The order for the sale may be made without notice; but the executor, admin- istrator or special administrator is responsible for the property, unless, after making a sworn return, and on a proper showing, the court shall approve the sale: California, Code Civ. Proc, sees. 1522, 1523. No. 3064. Petition for Order of Sale of Real Estate for Best Interests of Heirs at Law. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: The petition of J. C. R., as the executor of the will of S. D., deceased, respectfully represents : That said deceased died testate on the fifth day of April, 1917. in the city and county of San Francisco, state of California, and at the time of his death he was, and had been continuously for many years, a resident of said city and county and state, and left estate therein con- sisting of real and personal property of a value in excess of ten thou- sand dollars. That thereafter, on the thirteenth day of May, 1917, this court, by its order duly given, made and entered, admitted the last will of S. D. to probate and appointed your petitioner the executor thereof, without bonds, and thereafter, on the same day, your petitioner duly qualified 1053 Probate Sat-es. Form 30G4 as such executor and letters testamentary were thereupon issued to your petitioner, and he has ever since heen, and now is, the duly ap- pointed, qualified and acting executor of the will of said deceased. That thereafter, on the thirtieth day of June, 1917, your petitioner duly made and returned to this court, and filed with the clerk thereof, true inventories and apiiraisenients of all the estate of said deceased which has come to the possession and knowledfje of your petitioner. That the following is the amount of the personal estate of said de- ceased that has come to the hands of your petitioner: [Insert list and values.] That all of said personal estate remains undisposed of and in the hands of your petitioner, except the sum of $10,000. That the only debts outstanding against said decedent at the time of his death, so far as can be ascertained by your petitioner, are the following, contracted during his last illness, to wit : [Insert list.] That the debts, expenses and charges of administration already ac- crued are the following: [Insert list.] That nothing is due or will be due for any family allowance. That an estimate by your petitioner of the debts, expenses and charges of administration which will or may accrue during the administration of the said estate is the following: [Insert estimate.] That the total amount, as aforesaid set forth, of the debts outstand- ing against the said deceased, the estimated debts, expenses and charges of administration that will or may accrue, is the sum of $100,000. That the following is a general description of all the real property of which the decedent died seised, or in which he had any interest, or in which his estate has acquired any interest, and the condition and value thereof. All the real property hereinafter described is the sepa- rate property of tlic said deceased: [Insert description of each piece, and its improvements, if any, and extent of interest of deceased, etc.] That deceased left no legatees or devisees. That the names, ages and places of residence of the heirs of said deceased, so far as known to 3'our petitioner, are as follows : J. D., a sister of the said deceased, aged about 87 years, a resident of Galway, state of New York; M. G. S., a niece of the said deceased, aged about 50 years, a resident of Church- ville, state of New York; H. W. D., a nephew of the said deceased, aged about 55 years, a resident of Churcliville, state of New York. Since the death of the said S. D., his nephew, H. W. D., died in the state of New York, on the 6th day of May, 1917, and he left as his only heirs at law his widow, E. B. D., aged about 45 years, a resident of Churcliville, state of New York, and their daughter, M. B. D., aged about 18 years, a resident of Churcliville, state of New York, and their son, S. D., aged about 17 years, a resident of Churchville, state of New York. That it will be for the advantage, benefit and best interests of the estate, and tliose interested therein, that the real property of the said Form 3064 Cowdery's Form Book. 1054 deceased, and the whole thereof, hereinbefore described, be sold, for the following reasons: The heirs of the said deceased, as above men- tioned, consist of four women, to wit, a sister, a niece, and a widow and daughter of a nephew dying since the death of said deceased, S. D. ; all of these women reside in the state of New York, and the eldest thereof, J. D., who is heir to one-half of all the estate left by said deceased, is 87 years of age, and is, as your petitioner has been informed and believes, incompetent to transact business by reason of age and mental weakness; that one G. H. W. has been appointed guardian of her person and estate in the state of New York, and there is a petition now pending in this court by one H. M. A. for letters of guardianship on her estate in the state of California. The only other heir of said deceased is a grandnej^liew, S. D., a youth aged 17 years, who resides with his mother in the state of New York. None of the said heirs are familiar with the said real properties, nor with their management or operation, nor are any of them within the state of California. That none of the said real properties are improved, and they do not aggregate to produce an income equal to the annual taxes levied against them, and they are a constant expense to the estate. In nearly all of the properties hereinbefore described, the ownership of the deceased is an undivided interest, and in order to make the proper- ties available and profitable, considerable expenditures are necessary, which the other owners favor making, but which your petitioner is ad- vised and believes he, as executor, has no legal authority to make, or pay for from the funds of the estate. That said property is not of a character to admit of partition and division among the said heirs, but is of such a character with reference to its future disposition among tiie said heirs, as clearly to render it for the best interests of all concerned that the same sliould be sold and the proceeds distributed among tlie said heirs in accordance with their re- spective interests. That the condition of the real estate market in the city and county of San Francisco, and in the state of California, at the present time is such that said real properties are likely to realize good prices, and if kept, said real properties are likely to depreciate in value. Wherefore, your petitioner prays that an order be made by this court directing all persons interested in the said estate to appear before tliis court, at a time and place S2:)ecified, not less than four nor more than ten weeks from the time of making such order, to show cause why an order should not be granted to your petitioner for the sale of the said real property of the said deceased, situated in the city and county of San Francisco, and in the counties of Kings, Tulare, Fresno, Sutter and Butte, in the state of California, and the whole thereof, and that after a full hearing upon this petition, and an examination of the proofs and allegations of the parties interested, and due proof of the publication of the said order to show cause, an order be made by this court authorizing 1055 Probate Sales. Forms 3065, 30GG and directing yonr petitioner to sell the said real property, and the whole thereof, either at public or private sale, as your petitioner shall judge to be most beneficial for the said estate, and that such other aud further order be made as may be proper in the premises. Dated . [Signature.] NOTE.— Such petitions may be granted when it is for the best interests of the estate, notwithstanding there are not debts against it: California, Code Civ. Proc., sec. 1536. No. 3065. Petition for Order of Sale of All the Property of Insolvent Estate at One Sale. [Title of Court and Estate.] [The same as in No. 3064, except the footings of the schedules show that the debts are greater than the assets; then continue as follows:] That your petitioner states that it is necessary to sell all of the prop- erty of the estate to pay the family allowance, expenses of administra- tion and the debts of the estate. That your petitioner is informed and believes that when the family allowance and expenses of administrator are paid that the creditors cannot be paid in full, and therefore the estate is insolvent. Wherefore petitioner prays for an order directing all the properly of said estate of every character to be sold at public sale, and that only one sale be had. [Signature.] [Verification.] NOTE.— When the facts are as above stated the court may order one sale, except perishable property must be sold as is provided in Code of Civil Procedure, section 1522. When the estate is insolvent the petition for an order of sale must be verified and contain all the matters necessary to appear in a general petition to sell real estate: California, Code Civ. Proc, sec. 1519. No. 3066. Petition by Administrator to Sell Stock in Mining Company. [Title of Court and Estate.] The petition of A. B. states that he is the administrator of tlie above- entitled estate, which is now in due course of administration. Tliat among the assets of said estate are 3,000 shares of the B. R. G. Mining Company, a California corporation. That the said mine is a quartz de- posit on" Nelson creek in the county of Plumas, California. Tlie number of shares in said company is 100,000. That said mine is a prospecting venture, and all the expenses are paid out of assessments levied as pro- vided by law. That an assessment (No. 187) is now in process of col- lection. That said assessment i." ten cents upon each sh.are orf snid $100,000. That the condition of said mine, as petitioner is informed and believes, is as follows: The quartz lead or deposit is about 6 feet wide Form 3067 Cowdery's Form Book. 1056 and 3,000 feet long, containing in places gold-bearing quartz that will mill about $1,500 a ton, on the surface wherever it is probable that those in search of a good mine for an investment would be apt to prospect, but such values have not been discovered elsewhere. Work has been continued during six years and the working shaft is down 762 feet, but enough quartz has not been discovered to warrant the erection of a mill to reduce the ore. There is an abundance of water in the mine contain- ing a large percentage of sulphur, which sulphur may be easily evap- orated and become a source of more or less profit if the gold in the quartz should entirely disappear, and also there is an unlimited amount of unusually hard slate rock between deposits of granite, but the gold- bearing quartz appears to be diminishing in value, recent developments showing a large amount of quartz averaging about $1.30 a ton, which, in the opinion of experts, is a favorable indication of an indefinite num- ber of regular assessments in the near future. Because of the foregoing developments, petitioner prays for an order authorizing him to sell all said sliares, and he believes it is for the best interests of the estate that said stock be sold, because tlie estate would be relieved of the burden of paying assessments on said stock, and a better price may be obtained for said stock at the present time than in the near future when the con- dition and value of said mine becomes better known. Dated , [Signature.] NOTE.— California, Code Civ. Proc, sees. 1529-1533; also Id., sees. 1536- l076. No. 3067. Petition for Order of Sale of Real Estate Where All Persons Interested Join in Petition. [Title of Court and Estate.] [The same as in No. 3064, except commence as follows:] The undersigned, the executor of the last will of A B, deceased, and all persons interested in the estate of the said A B, deceased, respect- fully show: [Then continue as in a petition by an executor or adminis- trator and after the signature of the executor and after each signature v/rite, if a creditor of the estate, the word "creditor"; if a guardian, legatee, devisee, or heir, a similar description of the class to which the person belongs, and verify in the same manner.] [Signature.] NOTE. — In a large majority of estates the above form will be applicable. If all persons interested join in the petition or signify in writing their assent to a sale, "the notice may be dispensed with and the hearing had" on the same day: California, Code Civ. Proc, sec. 1539. 1057 Probate Sales. Forms 3068, 3069 No. 3068. Petition for Order of Sale of Real Estate Where All Persona Interested Assent in Writing. [Title of Court and Estate.] [The same as in No. 3064. Omit all about publication of notice and conclude as follows:] That all persons interested in said estate have signified their assent to said sale, and their assent is now on file in this court, and a copy thereof is herein referred to and made a part of this petition, and marked Exhibit "A." Wherefore petitioner prays that notice of said sale may be dispensed with, and that a sale may be had within the shortest time the court will fix. That such sale is a matter of urgency, a purchaser having been found who will pay for said real estate a price satisfactory to all persons interested. Dated . [Signature.] Exhibit "A.'* [Title of Court and Cause.] We, the undersigned, being all persons interested in the estate of • , deceased, do hereby signify our assent to the sale of the real prop- erty of said estate, as prayed for in the petition of , executor of the last will of said deceased, which petition is dated , and filed in the above-entitled matter. NOTE.— California, Code Civ. Proc, sec. 1539. No. 3069. Petition by Creditor for Order of Sale of Real Estate. [Title of Court and Estate.] [The same as in No. 3064, except commence as follows:] The petition of A B shows to the court that he is a creditor of said estate and C D is the administrator thereof. That it is for the best interests of said estate and those interested therein that all the real estate belonging to said estate be sold. Tliat petitioner has requested the said administrator to apply for such order of sale but he has refused, and does now refuse. [Continue and state the facts shown by the record, respecting the condition of the estate as it appears from the inventory and statements, if any, and conclude as follows:] Wherefore petitioner prays for an order directing said administrator to make a sale of all the real estate belonging to said estate; and that a citation issue to him to show cause why said sale should not be made. Dated . [Signature.] NOTE. — Such petition must contain as many of the facts necessary to be stated in petitions for orders to sell real estate as provided in section Form Book — 67 Form 3070 Cowdery's Form Book. 1058 537, Code of Civil Procedure, where an executor or administrator makes the application. If the interested person petitioning cannot ascertain all the facts because of the silent record in the matter of the estate, he must make the best showing practicable: California, Code Civ. Proc, sec. 1545. No. 3070. Petition for Order of Sale of Real Estate to Pay Debts or Family Allowance. [Title of Court and Estate.] To the Honorable J. F., judge of the said Superior Court of the City and County of San Francisco, State of California : The petition of M. J., the administratrix of the estate of T. J., de- ceased, respectfully shows : That said T. J. died intestate, on or about the seventeenth day of April, 1917, in the city and county of San Francisco, being at tlie time of his death a resident of the city and county of San Francisco, and leaving estate in said city and county. That on the sixteenth day of May, 1917, your petitioner duly quali- fied as such administratrix, and that letters of administration of said estate, signed by the clerk, and under the seal of said court, were there- upon duly issued to your petitioner, and have not been revoked. That your petitioner duly made and returned to said court, after her appointment, to wit, on the sixth day of June, 1917, a true inventory and appraisement of all the estate of the said deceased, which has come to her possession or knowledge, and also published notices to the cred- itors of said decedent as required by law. All which will more fully appear by reference to the papers on file in the clerk's office, and to the records of said court in the matter of said estate, which is hereby made. 1. That the amount of personal estate that has come to the hands of your petitioner is the sum of $4,168 50 Appraised value of the personal property set apart for the use of the family of the deceased 287 00 Whole amount of personal property $4,455 50 That a portion of said personal property has been disposed of as follows, to wit: The said personal property set apart for the use of said family, and the sum of $458.50, cash paid, expenses ot administra- tion, and family allowance, leaving in the hands of your petitioner the sum of only $3,710 00 2. That the debts outstanding against the said deceased, as far as can be ascertained or estimated, amount at this date to the sum of 2,450 00 And are fully set forth in the sclicdule marked "A," hereunto annexed, and made a part of this petition. 3. That the amount due upon the family allowance is the sum of 600 00 1059 Probate Sales. Form 3070 4. That the debts, expenses, and charges of the administra- tion already accrued, amount to the sum of 458 50 And are fully set forth in the schedule marked "B," hereunto annexed, and made a part of this petition. 5. That the debts, expenses and charges of administration that will or may accrue during the administration are esti- mated by your petitioner at the sum of 1,195 48 And are fully set forth in the schedule marked "C," hereunto annexed, and made a part of this petition. Whole amount of the debts outstanding against the deceased, of the amount due and to become due upon the family allow- ance, of the debts, expenses and charges of administration al- ready accrued and remaining unpaid, state and county taxes, and of the estimated debts, expenses and charges of adminis- tration that will or may accrue $4,475 48 That a full description of all the real estate of which the said dece- dent died seised, or in which he had any interest, or in which the said estate has acquired any interest, and the condition and value of the respective portions and lots of said real estate, are set forth in the schedule marked "D," hereunto annexed, and made a part of this peti- tion. That the whole of said real estate was acquired by said deceased, after his marriage to your petitioner, and is therefore community prop- erty. That the following are the names and ages of the devisees [if any] and heirs of the said deceased, to wit: J. J., aged twenty-three years, W. J., aged eighteen years, C. J., aged sixteen years, and E. J., aged fourteen years, the children of said deceased and your petitioner. Your petitioner therefore alleges that the personal estate in the hands of your petitioner is insufficient to pay the allowance of the family, the debts outstanding against the deceased, and the debts, expenses, and charges of the administration, and that it is necessary to sell the whole or some portion of the real estate for such purposes, and that it will be for the best interests of this estate to sell said property at private sale [giving reasons]. Wherefore your petitioner prays that an order be made by said court [or your honor] directing all persons interested in said estate to appear before said court at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause why an order should not be granted to your petitioner to sell so much of the real estate of the deceased as shall be necessary, at private sale. And that after a full hearing of this petition, and examination of the proofs and allegations of the parties interested, and due proof of the publication of a copy of said order to show cause, etc., an order of sale be made authorizing your petitioner to sell so much and such parts of Form 3070 Cowdery's Form Book. 1060 the real estate as said court shall judge necessary or beneficial; or that such other or further order may be made as is meet in the premises. And your petitioner will ever pray [etc.]. Schedule "A." Claim of J. S., for the sum of $1,500, with interest on the sum of $1,000, at the rate of two per cent per month, from the twentieth day of April, 1917. Allowed and approved by the administratrix June 21, 1917, and by the judge of this court June 22, 1917. Claim of G. T., funeral expenses, for the sum of $200. Allowed and approved by the administratrix June 21, 1917, and by the judge of this court June 23, 1917. Claim of Dr. C. G. B., expenses last sickness, for the sum of $250. Allowed and approved by the administratrix and the judge of this court July 1, 1917. Claim of A. P., balance of account, for the sum of $500. Allowed and approved by the administratrix and the judge of this court July 5, 1917. Total, $2,450. Schedule "B." Fees of clerk of this court $ 16 50 Fees of api^raisers of estate 30 50 Fees of attorney for administratrix 100 00 Publication of notice to creditors 5 00 Publication of notice of application for order of sale of per- sonal property 5 00 Notary fees, affidavits to return of sale of personal property.. 1 50 Allowance to family of deceased 300 00 $ 458 50 Schedule "C." Fees of attorney for administratrix upon closing said estate, as per agreement $ 400 00 Commissions upon $14,137.00, the appraised value of said es- tate and tlie probate amount of the whole estate to be ac- counted for by the said administratrix, upon the settlement of her final account 695 48 Other expenses 100 00 $1,195 48 Schedule "D." [Give list and value of real property, describing same by metes and bounds, and stating whether it is improved or unimproved, the number and character of the buildings, etc., the amount of rents received from it, and any other fact tending to show the condition of the property.] - 1061 Probate Sales. Form 3071 NOTE. — In California, the petition must be verified, setting forth the amount of personal estate that has come to the petitioner's hands, and how much remains undisposed of; the debts outstanding, as far as can be ascer- tained 01- estimated; the amount due upon the family allowance, or what will be due after the same has been in force for one year; the debts, expenses, and charges of administration already accrued, and an estimate of what will or may accrue during the administration a general description of all the real property of the estate or in which deceased had any interest, or in wiiich the estate has acquired any interest, and the condition and value thereof, and whether the same be community or separate property; the names of the legatees and devisees, if any, and of the heirs of the deceased, so far as known to the petitioner. If any of the matters here enumerated cannot be ascertained it must be so stated in the petition; but a failure to set forth the facts showing the sale to be necessary will not invalidate the subse- quent proceedings if the defect be supplied by the proofs at the hearing, and the general facts showing such necessity be stated in the decree: Cali- fornia, Code Civ. Proc, sec. 1537. No. 3071. Petition for Order to Sell Real Estate to Pay Inheritance Tax. [Title of Court and Cause.] To the Honorable J. F., Judge of the said Superior Court of the City and County of San Francisco, State of California: The petition of M. J., the administratrix of the estate of T. J., de- ceased, respectfully shows: That said T. J. died intestate, on or about the day of , 19 — , in the city and county of San Francisco, being at the time of his death a resident of the city and county of San Francisco, and leaving estate in said city and county. That on the day of , 19 — , your petitioner duly qualified as such administratrix, and that letters of administration of said estate, signed by the clerk, and under the seal of said court, were thereupon duly issued to your petitioner, and have not been revoked. That your petitioner duly made and returned to said court, after her appointment, to wit, on the day of , 19 — , a true inventory and appraisement of all the estate of the said deceased, which has come to her possession or knowledge, and also published notices to the cred- itors of said decedent as required by law. All which will more fully appear by reference to the papers on file in the clerk's office, and to the records of said court in the matter of said estate, which is hereby made. 1. That the amount of personal estate that has come to the hands of your petitioner is the sum of $4,168 50 Appraised value of the personal property set apart for the use of the family of the deceased 287 00 Whole amount of personal property $4,455 50 That a portion of said personal pro])erty has been disposed of as follows, to wit : Form 3071 Cowdery's Form Book. 1002 That said personal property set apart for the use of said family and the sum of $458.50, cash paid, expenses of administra- tion, and family allowance, leaving in the hands of your petitioner the sum of only 3,710 00 2. That tlie debts outstanding against the said deceased, as far as can be ascertained or estimated, amount at this date to the sum of 2,450 00 And are fully set forth in the schedule marked "A," here- unto annexed, and made a part of this petition. 3. That the amount due upon the family allowance is the sum of 600 00 4. Tliat the debts, expenses and charges of the administration already accrued, amount to the sum of 458 50 And are fully set forth in the schedule marked "B," here- unto annexed, and made a part of this petition. 5. That the debts, expenses and charges of administration that will or may accrue during the administration are estimated by your petitioner at the sum of 1,195 48 And are fully set forth in the schedule marked "C," here- unto annexed, and made a part of this petition. Whole amount of the debts outstanding against the deceased, of the amount due and to become due upon the family allowance, of the debts, expenses and charges of adminis- tration already accrued and remaining unpaid, state and county taxes, and of the estimated debts, expenses and charoes of administration that will or may accrue 4,475 48 That a full description of all the real estate of which the said dece- dent died seised, or in which he had any interest, or in which the said estate has acquired any interest, and the condition and value of the respective portions and lots of said real estate, are set forth in the schedule marked "D," hereunto annexed and made a part of this petition. That the whole of said real estate was acquired by said deceased, after his marriage to your petitioner, and is therefore community property. That the following are the names and ages of the devisees [if any J and heirs of the said deceased, to wit : J. J., aged twenty-three years ; W. J., aged eighteen years; C. J., aged sixteen years, and E. J., aged fourteen years, the children of said deceased and your petitioner. That all the personal property and tlie real estate has been exhausted in tlie payment of the debts, expenses and family allowance and state and county taxes. That it is necessary to sell all the real estate belonging to the estate to pay the inheritance tax imposed by the laws of the state of California. That the said real estate consists of a mining claim and improvements. That its appraised value is thirty-five thousand dollars. That petitioner 's exemption is $25,000. That since the death of her husband petitioner 1063 Peobate Sales. Form 3u71 mortgaged her interest in said mine for $15,000 and expended it in im- provements and in developing said mine. That interest at ten per cent per year has been accumulating on said inheritance tax during said mortgage and there is now due the state of California $500 principal and $200 interest, and on said mortgage $15,000 principal and $3,000 interest. Wherefore your petitioner prays that an order be made by said court [or your honor], directing all persons interested in said estate to appear before said court at a time and place specified, not less than four nor more than ten weeks from the time of making such order, to show cause wliy an order should not be granted to your petitioner to sell so much of the real estate of the deceased as shall be necessary, at private sale. And that after a full hearing of this petition, and examination of the proofs and allegations of the parties interested, and due proof of the publication of a copy of said order to show cause, etc., an order of sale be made authorizing your petitioner to sell so much and such parts of the said real estate as said court shall judge necessary or beneficial; or that such otlier or further order may be made as is meet in the premises. And your petitioner will ever pray, etc. Schedule "A." Claim of J. S., for the sum of $1,500, with interest on the sum of $],000, at the rate of two per cent per month, from the twentieth day of April, 19—. Allowed and approved by the administratrix June 21, 19 — , and by the judge of this court June 22, 19 — . Claim of G. T., funeral expenses, for the sum of $200. Allowed and approved by the administratrix June 21, 19 — , and by the judge of this court June — , 19 — . Claim of Dr. C. G. B., expenses last sickness, for the sum of $250. Allowed and approved by the administratrix and the judge of this court July 1, 19 — . Claim of A. P., balance of account, for the sum of $500. Allowed and approved by the administratrix and the judge of this court July 5, 19—. Total, $2,450. Schedule "B." Fees of clerk of this court $ 16 50 Fees of appraisers of estate 30 50 Fees of attorney for administratrix 100 00 Publication of notice to creditors 5 00 Publication of notice of application for order of sale of personal property ^ ^^ Notary fees, affidavits to return of sale of personal property 1 50 Allowance to family of deceased 300 00 $458 50 Forms 3072, 3073 Cowdery's Form Book. 106i Schedule "C." Fees of attorney for administratrix upon closing said estate, as per agreement $ 400 00 Commissions upon $14,137 GO, the appraised value of said es- tate and the probate amount of the whole estate to be accounted for by the said administratrix 695 48 Other expenses 100 00 $1,195 48 Schedule "D." [Give list and value of real property, describing same by metes and bounds, and stating whether it is improved or unimproved, the number and character of the buildings, etc., the amount of rents received from it, and any other fact tending to show the condition of the property.] [That it will be for the best interests of this estate to sell said prop- erty at private sale, giving reasons.] No. 3072. Objection to Sale of Real Estate. [Title of Court and Estate.] Now comes A. B., an heir at law of the said C. D., deceased, and ob- jecting to the court's granting the administrator of the estate of said deceased authority to sell the real estate described in his petition, states that the rents and interest, money due the estate and money on hand, are more than sufficient to pay all debts of the estate and the expenses of administration. That it is not true, as stated in the application for an order to sell said real estate, that it is for the best interests of said estate that said property should be sold. Wherefore this objector prays that said application be denied. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec. 1518. No. 3073. Opposition to Sale of Personal Property. [Title of Court and Estate.] , tlie administrator of the estate of , deceased, having on the • day of , 19 — , filed herein his petition praying for an order authorizing him to sell the personal property belonging to said estate, — Now comes , and alleges that she is the widow of said , de- ceased, and that said deceased also left surviving him one minor child of the age of five years, named ; That the following property mentioned in the inventory made and filed in said estate is exempt from execution, and under section 1465 of the Code of Civil Procedure of California should be set apart by this court for the use of the surviving wife of said deceased, and for which the undersigned, the widow of said deceased, has filed her petition herein, praying tliat the same may be so set apart, to wit: . 1065 Probate Sales. Forms 3074, 3075 The undersigned objects to an order being made that said personal property above mentioned, or any part thereof, be sold, and objects to the same being sold for any purpose, on the ground and for the reason that the same ought to be set apart for the use of the widow of de- ceased, and she asks that the same be so set apart. • Dated . [Signature.] No. 3074. Order for Sale of Personal Property. [Title of Court and Estate.] The application of M. J., administratrix of the estate of T. J., de- ceased, for an order to sell certain personal property, described in her petition filed herein on the sixth day of August, 1917, and hereinafter particularly described, coming on regularly to be heard, this thirteenth day of August, 1917, it is hereby ordered, adjudged and decreed that the said administratrix sell the following personal property, to wit: 1 gold watch and chain, 25 shares of the Z. G. and S. M. Company, 100 shares of the C. C. M. Company, 50 shares of the N, and J. M. Company, and 5 shares of the S. V. M. Company, at public auction and after public notice given for at least ten days by publication in the D. C, a newspaper published in said city and county [or by notices posted in three public places in said city and county], in which notice shall be specified the time and place of sale. [And it is further ordered, that the sale of said property be made in front of the old City Hall in said city and county, or at the late resi- dence of deceased, or at some other public place to be named in said notice.] And it is further ordered that the following described articles be sold first [enumerating them]. Dated . [Signature.] NOTE.— In California, if a sale is necessary to pay debts, or the family allowance, or for the best interest of the estate and the persons interested in the property to be sold, the court orders it sold. [In making such orders, articles not necessary for the support of the family, or not specially bequeathed, must be first sold, and the court or judge must 30 direct.] California, Code Civ. Proc, sec. 1525. No. 3075. Order to SeU Perishable Personal Property. [Title of Court and Estate.] The application of J. C. R., executor of the estate of S. D., deceased, for an order to sell certain personal property, coming on regularly to be heard this twentieth day of May, 1917, it is hereby ordered that the said executor sell at private sale 713 sacks of wheat, described in his petition this day filed, without giving notice of sale. Dated . [Signature.] NOTE. — California, Code Civ. Proc. sec. 1522 Koniis 3076, 3077 Cowdery's Form Book. 1066 No. 3076. Order to Show Cause on Sale of Personal Property. [Title of Court and Estate.] On reading and filing the petition of M. J., the administratrix of the estate of T. J., deceased, praying for an order to sell the whole, or so much of the personal property belonging to said estate as shall be necessaiy for the payment of certain claims allowed against said estate, the exjoenses of the administration, and the allowance to the family of said deceased, it is ordered that all persons interested in said estate appear before the undersigned, the judge of the superior court of tlie city and county of San Francisco, state of California, at the courtroom of said court, at the Old City Hall in said city and county, on the thir- teenth day of August, 1917, at eleven o'clock A. M., then and there to show cause why such order should not be made. And it is further ordered that a copy of this order be published in the D. E. B., a newspaper published [or be postod in three public places] in said city and county, at least five days previous to said third dav of August, 1917. Dated . , Judge. NOTE. — In California, if claims against the estate have been allowed, and the sale of property is necessary for their payment, or for the expenses of administration [or for the payment of legacies], the executor or administrator may apply for an order to sell so much of the personal property as may be necessary therefor. Upon filing his petition, notice of at least five days must be given of the hearing of the application, either by posting notices or by advertising. He may also make a similar application, from time to time, so long as any personal property remains in his hands, and sale thereof is neces- sary. If it appear for the best interests of the estate, he may, at any time after filing the inventory in like manner, and after giving like notice, apply for and obtain an order to sell the whole of the personal property belonging to the estate, whether necessary to pay debts or not: California', Code Civ. Proc, sec. 1523. No. 3077. Order to Show Cause on Sale of Mining Stock. [Title of Court and Estate.] Upon reading and filing the petition of , executor of the will of ■ , deceased, praying for an order to sell shares of stock in the ■ Mining Company, belonging to the estate of said deceased ; It is ordered that all persons interested appear before this court at 2 o'clock P. M., , 19 — , in the courtroom of said court, at the court- house in the city of , county of , state of California, to show cause why an order should not be granted to said executor to sell said stock; and it is further ordered that a copy of this order be published four successive weeks in the " ," a weekly newspaper publislied in said county, such publication to commence , 19 — . Dated , 19—. , Judge of Superior Court. 1067 Probate Sales. Forms 3078-3080 No. 3078. Order to Show Cause on Sale of Real Estate. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having filed her petition herein praying for an order of sale of certain part of the real estate of said decedent, for the purposes therein set forth, it is therefore ordered by the judge of [or by the] said court, that all persons interested in the estate of said deceased appear before the said superior court on Monday, the seventh day of December, 1917, at eleven o'clock in the forenoon of said day, at the courtroom of said superior court, at the City Hall, in said city and county of San Francisco, to show cause why an order should not be granted to the said administratrix to sell so much of the real estate of the said deceased, at private sale, as shall be necessary; and that a copy of this order be published at least four suc- cessive weeks in the D. M. C, a newspaper printed and published in said city and county. Dated . , Judge. jvTOTE. — In California, if it appears to the court that it is necessary to sell the whole or some portion of the real estate, an order must be made direct- ing all persons interested in the estate to appear before the court, at a timo and place specified, not less than four nor more than ten weeks from the time of making of such order, to show cause why an order should not be granted to the executor or administrator to sell so much of the real estate of the decedent as is necessary: California, Code Civ. Proc, sec. 1538. No. 3079. Admission of Service of Order to Show Cause on Sale of Real Estate. [Title of Court and Estate.] We, the undersigned, interested in the estate of the said A. B., de- ceased, each admit service in the county of Alameda, California, on May 20, 1917, of the order to show cause before said court, on June 10, 1917, why the real estate referred to in said order should not be sold. [Signature.] j,TQrf,j.__g^^p^ service, at least ten days prior to the time appointed for the hearing, upon all persons interested in the estate, residents of the county, the general' guardian of a minor so interested, and any legatee, or devisee or heir of the decedent, provided they are residents of the county, is equivalent to publication: California, Code Civ. Proc, sec. 1539. No. 3080. Order of Sale of Real Estate. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having, on the fifth day of November, 1917, presented to [or the judge of] the su- perior court, and filed herein her petition in due form, verified by her oath, praying for an order authorizing her to sell so much and such parts of the real estate belonging to the estate of said deceased, for purposes therein stated; said matter coming on regularly to be heard Form 3081 Cowdery's Form Book. 1068 the seventh day of December, 1917, and, upon due proof to the satis- faction of the court, of the due publication of a copy of the said order to show cause, as required by law and the order of this court; and all and singular the law and the evidence being by the court understood and duly considered: Whereupon, it is ordered, adjudged and decreed that said M. J., administratrix of the estate of T. J., deceased, be and she is hereby authorized to sell, either in one parcel or in subdivisions, as the said administratrix shall judge most beneficial to said estate, the real estate belonging to said estate hereinafter described, at public auction [at private sale], to the highest bidder, upon the following terms, to v.^it, for cash, gold coin of the United States [or on credit not exceeding one year, or on credit to be paid in installments]. And it is further ordered that, before making such sale, the said administratrix execute an additional bond to the state of California, with two or more sufficient sureties, in the penal sum of five thousand dollars, conditioned that the said administratrix shall faithfully execute the duties of the trust according to law. The following is the real estate hereby authorized to be sold, being situate in the said city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] Dated . , Judge. NOTE. — Tn California, the order describes the lands and the terms, for cash or on credit, not exceeding one year, payable in gross or in instalhnents, and in such kind of money, with interest, as the court may direct. It may be sold m one parcel, or in subdivisions, as the executor or administrator shall judge most beneficial to the estate, unless the court otherwise specially directs. If any part of such real estate has been devised, and not charged in such devise with the payment of debts or legacies, the court must order the re- mainder to be sold before that so devised. Every such sale must be ordered to be made at public auction, unless, in the opinion of the court, it would benefit the estate to sell the whole or some part of it at private sale; the court may, if the same is asked for in the petition, order or direct such real estate, or any part, to be sold at either public or private sale, as the executor or administrator shall judge to be most beneficial for the estate. [If the executor or administrator neglects or refuses to make a sale under the order, and as directed therein, he may be compelled to sell by order of the court made on motion after due notice by any party interested.] California, Code Civ. Proc, sec. 1544. No. 3081. Order of Sale of Real Estate Without Published Notice. [Title of Court and Estate.] It is ordered that the petition of the administrator of this estate filed on June 3, 1917, praying for an order of sale of the real estate de- scribed in said petition, be, and the same is hereby, granted, and it ap- pearing from the inventory that the value of the whole estate does not exceed two hundred and fifty dollars, it is ordered that said property be sold at private sale without publication of notice thereof. Before 1069 Probate Sales. Forms 3082, 3083 making such sale the said administrator shall file a bond acfording to law in the sum of $ . The real estate authorized to be sold is de- scribed as follows: [Description.] [Signature.] NOTE.— California, Code Civ. Proc, sees. 1538-1544. No. 3082. Order of Sale of Personal Property upon Petition for Sale of Realty. [Title of Court and Estate.] The application of the administrator of the above-entitled estate for an order to sell the real estate described in said application cominq; on this daj'' to be heard, it is ordered that said application to sell said real estate be, and it is, suspended without prejudice to further proceedings under it; and it appearing to the court that there is in the possession of said administrator certain personal property belonging to said estate, it is ordered that he proceed to sell at private sale the personal prop- erty described as follows: [Description.] And return an account of said sale, without delay, to this court. Said sale may be made without notice, but delivery is not to be made until the further order of this court. Dated . f Judge. NOTE.— California, Code Civ. Proc, sec. 1639. No. 3083. Order of Sale of All Property Belonging to Estate at One Sale. [Title of Court and Estate.] The petition of coming on regularly to be heard, and it appear- ing that due notice has been given of the hearing, and it further appear- ing that the estate is insolvent, it is ordered that all the real estate and all the personal property belonging to said estate, be sold at public auc- tion to the highest bidder upon the following terms, to wit, for cash, in gold coin of the United States, and that but one sale be had of all said real estate and personal property, but all perishable property must be sold as is provided by section 1522 of the Code of Civil Procedure. The following is a description of the real estate to be sold: [De- scription.] The personal property is described as follows : [Description.] The perishable property is described as follows: [Description.] Dated . , Judge. NOTE.— California, Code Civ. Proc, sec. 1519. Forms 3084-3086 Cowdery's Form Book. 1070 No. 3084. Order of Sale of Real Estate by Administrator upon Petition of Person Interested. [Title of Court and Estate.] The petition of A B, a creditor of and interested in this estate, having petitioned for an order directing C D, the administrator thereof, to pro- ceed and sell all the real estate belonging to it, and said matter coming on to be heard, it is ordered that he, the said C D, etc. [conclude as in order made upon petition of administrator]. NOTE. — ^California, Code Civ. Proc, sec. 1545; Alaska, Comp. Laws, 1913, sees. 1662-1690; Arizona, Rev. Stats., 1913, par. 928; Idaho, Rev. Codes, 1907, sec. 5513; Montana, Rev. Codes, sec. 7570; Nevada, Comp. Laws, sec. 2923. No. 3085. Order to Show Cause on Sale of Mining Interest. [Title of Court and Estate.] It is ordered that all persons interested appear before the superior court of the county of Napa, state of California, on the third day of June, 1917, at 10 o'clock A. M., and there show cause, if any they have, why an order should not be made authorizing A B, as administrator of the estate of A B, deceased, to sell the mine, mining interests, shares and stocks belonging to said estate as described in the petition of said administrator filed herein. Dated . , Judge. NOTE.— California, Code Civ. Proc, sees. 1531, 1704. No. 3086. Order of Sale of Mining Stock. [Title of Court and Estate.] The petition of , executor of the will of , deceased, praying for an order to sell certain mining stock hereinafter described, coming on this day regularly for hearing, and it appearing to the court from the evidence produced that the interests of the estate of said deceased require said stock to be sold ; It is therefore ordered, adjudged and decreed that the said executor be and he hereby is authorized to sell the following described mining stock belonging to said estate, to wit : [Here describe stock.] It is further ordered that such sale be at public auction, the terms to be cash, gold coin of the United States, ten per cent of the bid payable at the time of the sale, and the balance upon confirmation by this court ; and that the sale be at the late residence of said deceased at Street, , California, on , 19 — , at 2 o'clock in the afternoon, after no- tice given by posting in three of the most public places in said county 1071 Probate Sales. Forms 3087, 3088 and publication for not less than three weeks successively in the "- % weekly newspaper published in said county. Done in open court this day of , 19 — . , Judge of Superior Court. >» No. 3087. Bond of Administrator on Sale of Real Estate. [Title of Court and Estate.] Know all men by these presents: That we, M. J., as principal, and J. D. and R. D., as sureties, are held and firmly bound to the state of California, in the sum of five thousand dollars lawful money of the United States of America, to be paid to the said state of California, for which payment, well and truly to be made, we bind ourselves, our and each of our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, and dated this thirtieth day of December, 1917. The condition of the above obligation is such, that whereas an order was made on the seventh day of December, 1917, by the superior court of the city and county of San Francisco, state of California, authoriz- ing the above-named principal, as administratrix of the estate of T. J., deceased, to sell certain real estate belonging; to the estate of said de- ceased, and requiring that an additional bond be executed by said administratrix in the sum above named. Now, therefore, if the said M. J., as such administratrix, shall faitli- fully execute the duties of the trust according to law, then this obliga- tion to be void, otherwise to remain in full force and effect. [Signatures.] [Justification.] NOTE. — In California, if the bond given upon qualifying is not equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate ordered to be sold, then the court may require a new bond whenever the sale of real estate is ordered: California, Code Civ. Proc, sees. 1389, 1390. No. 3088. Bond to Administrator and Interested Persons upon Sale of Contract for Purchase of Lands. {Title of Court and Cause.] We, the undersigned, are hereby bound to A. B., administrator of the estate of C. D., deceased, and to E. F., the only child of said deceased and his only heir at law, and the only person interested in said estate, in the sum of $10,000, which we obligate ourselves, and each of us, to pay upon the following terms and conditions : At the time of his death, the said deceased was possessed of a con- tract to purchase of G. H. all that land described as follows: [descrip- tion] ; and whereas the said contract has by order of said court been sold to L. J., and the sale to him will be confirmed upon his executing Form 3089 Cowdery's Form Book. 1072 a bond to said administrator for his benefit and indemnity of himself and of the persons entitled to the interest of the decedent in the lands so contracted for in tlie sum of $20,000, being double the whole amount of payments thereafter to become due on such contract. Now, if the said L. J. will well and truly pay to said G. H. the balance of the total amount due the said G. H. upon said contract that becomes due after the date of sale, to wit, June 3, 1917, and will fully indemnify the administrator and the persons so entitled against all demands, costs, charges and expenses by reason of any covenant or agreement contained in said contract, then this obligation to be void, otherwise it is to remain in full force. A copy of said contract is attached to this bond. [Justification.] NOTE'.— California, Code Civ. Proc, sees. 1565-1568. [Signatures.] No. 3089. Notice of Sale of Personal Property. [Title of Court and Estate.] Notice is hereby given that in pursuance of an order of the superior court of the city and county of San Francisco, state of California, made on the thirteenth day of August, 1917, in the matter of the estate of T. J., deceased, the undersigned, administratrix of the estate of said deceased, will sell at public auction [or will sell at private sale, at [stating place] if preferable, or withov;t stating place, but stating place where the executor or administrator may be found] to the highest bid- der, for cash, gold coin of the United States, on Tuesday, the twenty- fifth day of August, 1917, at 12 o'clock M., at the auction salesrooms of S. P. M., 314 Montgomery Street, in said city and county, the following personal property, to wit: 1 gold watch and chain, 25 shares of the Z. G. and S. M. Company, 100 shares of the C. C. M. Company, 50 shares of the N. and J. M. Company, and 5 shares of the S. V. M. Company. Dated . , Administratrix of the Estate of T. J., Deceased. NOTE. — In California, sales of personal property must be made at public auction, for [such money or currency as the court may direct] and after public notice for at least ten days, by notice posted in three public places in the county, or by publication in a newspaper, or both, containing the time and place of sale, and a [brief description of the property to be sold], unless, for good reason shown, the court, or a judge thereof, orders a private sale or a shorter notice. Public sales of such property must be made at the courthouse door, or at the residence of the decedent, or at some other public place, but no sale shall be made of any personal prop- erty which is not present at the time of sale, unless the court otherwise order: California, Code Civ. Proc, sec. 1526. 1073 Probate Sales. Forms 3090, 3091 No. 3090. Notice of Sale of Real Estate at Auction. [Title of Court and Estate.] Notice is hereby given that in pursuance of an order of the snperior court of the city and county of San Francisco, state of California, made on the seventh day of December, 1917, in the matter of the estate of T. J., deceased, the undersigned, the administratrix of the said estate, will sell at public auction [or will sell at private sale, etc.], to the highest bidder, for cash, gold coin of the United States, and subject to confirmation by said superior court, on Monday, the fourth day of January, 1917, at twelve o'clock M., at the auction salesrooms of S. P. M. & Son, 314 Monti^omery Street, in the city and county of San Francisco, all the right, title, interest, and estate of the said T. J., at the time of his death, and all the right, title, and interest that the estate has by operation of law or otherwise, acquired other than or in addi- tion to that of the said T. J., at the time of his death, in and to all that certain lot, piece, or parcel of land situate, lying, and being in the said city and county of San Francisco, state of California, and bounded and described as follows, to wit: [Description.] Terms and conditions of sale: Cash, gold coin of the United States, ten per cent of the purchase money to be paid to the auctioneer on the day of sale, balance on confirmation of sale by said superior court. Deed at expense of purchaser. Dated . [Signature.] NOTE.— In California, when a sale of land is ordered, and is to be made at public auction, notice of the time and place of sale must be posted lu three of the most public places in the county in which the land is situated, and published in a newspaper, if there be one printed in the same county, but if none, then in such paper as the court may direct, for three weeks successively next before the sale. The lands and tenements to he sold must be described with common certainty in the notice: California, Code Civ, Proc, sec. 547. No. 3091. Notice of Postponement of Sale of Real Estate. [Title of Court and Cause.] Notice is hereby given that the sale described in tlic following original notice of sale is postponed to Saturday, June 3, 1917, at 12 M. [Copy of notice.] Witness my hand this third day of May, 1917. » Administrator of the Estate of A. B., Deceased. NOTE. — At the time of postponement notice must bo given by a public declaration in the usual form: "I now give notice that the sale described in this notice [reading it all except the description of the property] is now postponed to Saturday, June 3, 1906, at 12 M. and to this place." _ If it is postponed for more than one day, notices must be posted in three or more places in the county where the land is situated, or by pub- lishing the same, or both, as the time and eircumstanees will permit: Cali- fornia, Code Civ. Proc, sec. 1558. Form Book — 68 Forms 3092, 3093 Cowdery's Form Book. 1074 No. 3092. Notice of Sale of Heal Property at Private Sale. Notice is hereby given that in pursuance of an order of the superior court of tlie state of , in and for the county of , made on the day of , 19 — -, in the matter of the estate of , deceased, the undersigned, administrator of the estate of , deceased, will sell at private sale, in one parcel, to the highest bidder, upon the terms and conditions hereinafter mentioned, and subject to confirmation by said superior court, on or after the day of , 19 — , at 10 A. M. of said day, all the right, title, interest and estate of the said , de- ceased, at the time of his death, in and to the real property hereinafter described, and all the right, title and interest that the said estate has, by operation of law, or otherwise, acquired other than or in addition to that of said deceased, at the time of his death, of, in and to that cer- tain lot, piece or parcel of land situate, lying and being in the county of state of California, and more particularly described as follows, to wit: [Description.] Terms and conditions of sale : Cash in gold coin of the United States ; ten (10) per cent of the purcliase money to be paid at the time of sale; balance on confirmation of sale. All bids or offers must be in writing, and may be left at the office of Messrs. & , attorneys for said administrator, at No. — ■ Street, in the county of , state of , or may be filed in the office of the clerk of the court aforesaid before date of sale. Dated , 19—. , Administrator. No. 3093. Return and Account of Sale of Real Estate. [Title of Court and Estate.] To the Honorable, the Superior Court of the City and County of San Francisco, State of California: M. J., the administratrix of the estate of T. J., deceased, respectfully makes the following return of her proceedings under the order of this court, dated on the seventh day of December, 1904, authorizing said administratrix to sell certain real estate, and report, as follows, to wit: That in pursuance of said order of sale she caused notice of the time and place of holding such sale to be posted up in three of the most public places in said city and county of San Francisco, in which the land ordered to be sold is situated, and to be published in the D. E. R., a newspaper printed and published in the said city and county, for three weeks successiveh^ next before such sale, in which notice the lands and tenements to be sold were described with common certainty; all of which will also, and more fully, appear by the affidavits marked re- spectively "A" and "B," hereunto annexed, and made a part of this return. That at the time and place of holding such sale specified in such notice, to wit, on Monday, the fourth day of January, 1917, between J075 Probate Sales. Form 3093 the hours of 9 o'clock in the morning:, and the setting of the snn on the same day, to wit, at twelve o'clock M., and at the auction sales- rooms of 0. F., 314 Montgomery Street, in said city and county, she caused to be sold in one parcel, juds'ing it most beneficial to said estate, at public auction, to the highest bidder, upon the following terras, to wit, for cash, and subject to confirmation by this court, tlie real estate, described in said order of sale and in said notice. Tliat at such sale S. W. became the purchaser of said real estate for the sum of thirty-one hundred dollars, he being the highest and best bidder, and said sum beino: the highest and best siim bid. That the said sale was legally and fairly conducted ; that, as said administratrix believes, the sum bid is not disproportionate to the value of the property sold, and that a sum exceeding such bid at least ten per cent, exclusive of the expenses of a new sale, cannot be obtained all of which will also and more fully appear by the affidavit marked "C, " hereunto annexed and made a part of this return. That the account of sales marked "D," hereunto annexed and made a part of this return, is true and correct. And that before making such sale, to wit, on the thirtieth day of December, 1917, said administratrix, as required in and by said order of sale, duly executed an additional bond to the state of California, with sufficient sureties, duly approved, to wit, on tlie day last afore- said, by the judge of this court, in the penal sum of five thousand dol- lars, conditioned that the said administratrix should faithfully execute the duties of the trust, according to law. Wlierefore said administratrix prays for a hearing upon this return, and that this honorable court make an order confirmins the said sale, and directing conveyances to be executed to said purchaser, conveying all the right, title, interest, and estate of said intestate in the said premises at the time of his death, and all the right, title, and interest of said estate in the same, or that such otlier or furtlier order may be made as is meet in the premises. [Signature.] [Verification.] NOTE. — In California, a return of proceedings is made and filed.in the office of the clerk. A hearing may be asked for in the return, or by peti- tion subsequently, and thereupon the clerk fixes the day for the hearing, of which notice of at least ten days is given by the clerk, by notices posted in three public places in the county, or by publication in a news- paper, and briefly indicates the land sold, the sum for which it was sold, and refers to the return for further particulars. Upon the hearing, the court examines the return and witnesses, and, if the proceedings were unfair, or the sum bid disproportionate to the value, and, if it appear that a sum at least ten per cent above the bid reported exclusive of the ex- penses of a new sale may be obtained, the court vacates the sale and orders a new one, and then the same notice is given of the resale the same as if there had been no previous sale. If, when the report of the first sale is up for hearing, a responsible person offers in writing to pay ten per cent more than the amount reported, the court has authority [discretion] Forms 3094, 3095 Cowdery's Form Book. 1076 to accept such offer and confirm the sale to such person, or to order a new sale: California, Code Civ. Proc, sec, 1552. [The practice in San Francisco is, when such increased bid is made, for the judge to announce and read the bid from the bench and ask if any person will make a higher bid. If a higher bid is offered (orally or in writing) the judge announces it and invites higher bids. If other bids are made they are announced, and the sale continues until the limit of offers is reached, and the property is then declared sold to the highest bidder, as if it were a public auction, which in fact it is. There is no statute for this proceeding, but it is clearly sanctioned by the discretion given to the court in the section of the code above cited.] No. 3094. Affidavit of Posting Notice of Sale of Real Estate — Return Schedule "A." [Title of Court and Estate.] State of California, City and County of San Francisco,- — ss. A. B. C, of said city and county, being duly sworn, says: That he is over the age of eighteen years, not interested in or a party to the estate of T. J., deceased. That on the eighth day of December, 1917, he posted true, full and correct copies of the annexed notice of the time and place of holding the sale of real estate ordered by this court, in the matter of said estate, on the seventh day of December, 1917, in three of the most public places in the said county, to wit, one copy of said notice at the auction sales- rooms of A. B. C, one at the United States Postoffice, and one at the sheriff's office. City Hall, in said city and county; and that said notires remained posted for three weeks successively next before the day of sale mentioned in said notice. Subscribed and sworn to [etc.]. [Signature.] No. 3095. Affidavit of Publication of Notice of Sale of Real Estate — Return Schedule "B." [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. C. W. C, of said city and county, being duly sworn says, that he is over the age of eighteen years, not interested in or a party to the estate of T. J., deceased. That he is the principal clerk and bookkeeper in the office of the publishers of the D. E. B., a newspaper printed and published in said city and county, and as such clerk and bookkeeper has charge of all advertisements in said newspaper. That a true, full and correct copy of the annexed notice of the time and place of holding the sale of real estate ordered by the superior court of the city and county of San Francisco, in the matter of said estate, on the seventh day of December, 1917, was published in said 1077 Probate Sales. Forms 3096, 3097 newspaper for three weeks successively next before the day of sale mentioned in said notice and as often during the period of said three successive weeks as the said paper was repilarly issued, to wit: daily from the eighth day of December, 1917, to and until the fourth day of January, 1918, both days inclusive. Subscribed and sworn to [etc.]. [Signature.] No. 3096. Affidavit of Sale of Real Estate at Public Sale— Return Schedule "C." [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. S. P. M., of said city and county, being duly sworn, says, that he is an auctioneer, duly authorized by law to sell real and personal property at public auction or vendue, residing and doing business in said city and county, and mentioned in the annexed notice; that at the time and place specified in said notice, to wit, on Monday, the fourth day of January, 1918, at twelve o'clock, M., and at the auction salesrooms of said auctioneer, at 314 Montgomery Street, in said city and county, at the instance and by the direction of M. J., the administratrix of the estate of T. J., deceased, said auctioneer, for and on behalf of said estate, offered for sale in one parcel, to the highest bidder, upon the following terms, to wit, for cash, subject to confirmation by the su- perior court of the city and county of San Francisco, the real estate described in said notice, and sold the same to S. W., for tlie suuv of three thousand and one hundred dollars, he being the highest and best bidder for the same, and that being the highest and best sura bid; that the said sale was legally made and fairly conducted; that the sum bid is not disproportionate to the value of the property sold, and that, as this affiant believes, a sum exceeding such bid at least ten per cent, exclusive of the expenses of a new sale, cannot be obtained. [Signature.] Subscribed and sworn to [etc.]. No. 3097. Account of Sale of Real Estate by Auctioneer — Return Schedule "D." [Title of Court and Estate.] State of California, County of Alameda, — ss. Account of sales of real estate belonging to the estate of T. J., de- ceased, made by S. P. M., auctioneer, at his auction salesrooms, 314 Montgomery Street, San Francisco, California, on the fourth day of January, 1918, at twelve o'clock M., at the instance and by the direc- Forms 3098, 3099 Cowdery's Form Book. 1078 tion of M. J., the administratrix of the estate of T. J., said deceased, who being duly sworn, says: That the following statement is true: Description. Name of Purchaser. Sum Bid. S. W $3,100 00 $3,100 00 Charges. Advertising in report $25 00 Posting notices 2 50 Commissions, as per agreement 75 00 102 5(1 Net proceeds $2,997 50 [Signature.] Subscribed and sworn to [etc.]. No. 3098. Order Fixing Day of Hearing Return of Sale of Real Estate. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having this day made a return to this court of her proceedings under the order of sale of real estate made by this court, on the seventh day of Decem- ber, 1918, and filed the said return in the office of the clerk of this court, it is ordered and directed that Monday, the eighteenth day of January, 1918, at 10 o'clock A. M., at the courtroom of this court, be, and the same is hereby, fixed for the hearing upon said return, and that nolice of at least ten days be given thereof, by the clerk, by posting notice thereof, according to law [or by publication, if ordered]. Subscribed and sworn to [etc.]. , Judge. NOTE. — In California, a hearing upon the return of the proceedings may be asked for in the return, or by petition, subsequently; and thereupon the clerk fixes the day for the hearing, of which notice of at least ten days is given by the clerk, by notices posted in three public places in the county, or by publication in a newspaper, and must briefly indicate the land sold, the sum for which it was sold, and must refer to the return for further particulars: California, Code Civ. Proc, sec. 1552. No. 3099. Notice of Day Fixed for Hearing Return of Sale of Real Estate. [Title of Court and Estate.] Pursuant to an order of the judge of said court, made on the sixth day of January, 1917, notice is hereby given that M. J., the adminis- tratrix of the estate of said deceased, made to the said court, and filed in the office of the clerk thereof, on said day, a return of sale made by her on the fourth day of January, 1917, under a previous order of 1079 Probate Sales. Forms 3100, 3101 said court, of the following real estate and for the following named sum, to wit, the southerly half of fifty-vara lot No. 690, in the city and county of San Francisco, for the sum of $3,100, as will more fully ap- pear from said return filed as aforesaid, and to which reference is hereby made for further particulars. And notice is hereby further given, that Monday, the eighteenth day of January, 1917, at eleven o'clock A. M., at the courtroom of said court, at the Old City Hall, in said city and county of San Francisco, has been fixed for hearing the said return when and where any person interested in the said estate may appear and file written objections to the confirmation of the said sale, and may be heard and may produce witnesses in support of such objections. Dated . [Signature.] NOTE.— California, Coae Civ. Proc, sec. 1552. No. 3100. Objections to Confirmation of Sale of Real Estate. [Title of Court and Estate.] Kow comes A. B., a residuary legatee under the will of the said E. F., deceased, and objects to the confirmation of 'sale by the executor of said will of all that land described as follows [description], made on the third day of June, 1916, to 0. F. for $10,337, upon tlie ground tliat a fair value for said real estate is not less than $20,000, and because the said executor did not follow business methods in advertising said sale, and because upon a resale, properly advertised, said real estate ought to bring at least $15,000. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sec. 1553. No. 3101. Order Confirming Sale of Real Estate. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having made to this court, and filed in the office of the clerk thereof, a return of lier proceedings under the order of sale herein, and said matter, coming on regularly this day to be heard, and it having been proved to the court that in pursuance of said order of sale, and as ordered by the court, the clerk of this court caused notice of the time and place of holding said sale to be posted up in three of the most public places in the city and county of San Francisco, in which the land ordered to be sold is situated, and to be published in the D. E. B., a newspaper printed and published in the same city and county, for three weeks successively next before such sale, in which order of sale and notice the lands and tenements to be sold were described with common certainty, as follows, to wit: [Description.] Forms 3102, 3103 Cowdery's Form Book. 1080 That at such sale S. W. became the purchaser of said real estate for the sum of $20,000, he being the highest and best bidder, the said sum being the highest and best sum bid. And all and singular the law and the premises being by the court here seen, heard, understood, and fully considered, wherefore it is by the court ordered, adjudged, and decreed, that the said sale be, and the same is herebj^, confirmed and approved; and the proper and legal conveyances of all said real estate are hereby directed to be executed to said 23urchaser by said administratrix. Dated . • , Judge. NOTE. — In California, if it appears that the sale was legally made and fairly conducted, and that the sum bid was not disproportionate to the value of the property, and that a greater sum, as above specified, cannot be obtained, or if an increase of ten per cent be made and accepted, the court must make an order confirming the sale, and directing conveyances to be executed. The sale, from that time, is confirmed and valid, and a certified copy of the order confirming it and directing conveyances to be executed must be recorded iu the office of the recorder of the county within which the land sold is situated: California, Code Civ. Proc, sec. 1554. No. 3102. Order Confirming Sale of Eeal Estate by Authority of Will. [Title of Court and Estate.] It appearing to the court that A. B., the executor of the last will of C. D., deceased, did, on the third day of June, 1917, sell to E. F. all that real estate situated in the said city and county of San Francisco and described as follows, to wit [description] ; and it appearing to the court that said sale was made as directed by the last will of said C. D., deceased, and said matter of conferring the said sale coming on this day to be heard, it is ordered that said sale be, and the same is hereby, confirmed, and that said executor execute, acknowledge and deliver to the said E. F. a deed of said land and improvements hereinabove described. Dated . [Signature.] NOTE.— California, Code Civ. Proc, sees. 1554, 1704. No. 3103. Order Confirming Sale Made in Open Court. [Title of Court and Estate.] M. J., administratrix of the estate of T. J., deceased, having made to this court, and filed in the office of the clerk tliereof, a return of her proceedings under the order of sale herein, and said matter coming on regularly this day to be heard, and it having been proved to the court that in pursuance of said order of sale, and as ordered by the court, the clerk of this court caused notice of the time and place of holding said sale to be posted up in three of the most public places in the city and county of San Francisco, in which the land ordered to .1081 Probate Sales. Forms 3104, 3105 be sold is situated, and to be published in the D. E. B., a newspaper printed and published in the same city and county, for three weeks successively next before such sale, in which order of sale and notice the lands and tenements to be sold were described with common cer- tainty, as follows, to wit: [Description.] That at such sale S. W. became the purchaser of said real estate for the sum of $20,000, being the highest and best sum bid, and then and there such proceedings were had that in open court A. B. C. in writing offered the sum of $20,963 for said land and tenements upon the terms described in the order of sale, and he being a responsible person, the covirt accepted said offer and confirmed said sale to him accordingly. And all and singular the law and the premises being by the court here seen, heard, understood, and fully considered, wherefore it is by the court ordered, adjudged, and decreed, that the said sale be, and the same is hereby, confirmed and approved; and the proper and legal conveyances of all said real estate are hereby directed to be executed to said A. B. C, purchaser by said administratrix. It is therefore ordei-ed that the said sale to A. B. C. for the sum of $20,963 be, and the same is hereby, confirmed, and upon payment of tlie price and compliance with the terms of sale as aforesaid by said pur- chaser, the said E. F., as administrator of said estate, is directed to execute, acknowledge and deliver to said purchaser a deed of convej'- ance of all that land bounded and described as follows, to wit: [Description.] Dated . -_. [Signature.] NOTE.— California, Code Civ. Proc, sees. 1552, 1554, 1709. No. 3104. Order Vacating Sale of Real Estate for Inadectuacy of Price. [Title of Court and Estate.] The return of the proceedings on sale of real estate in the matter of this estate coming on to be hea^-d this day; and it appearing to the court that the sum bid at the sale returned as aforesaid was dispropor- tionate to the value of the property offered for sale; and it appearing that a sum exceeding the sum bid and reported at least ten per cent, exclusive of the expenses of a new sale, can be obtained, it is ordered that said sale be, and it is hereby, vacated, and it is ordered, etc. [pro- ceed and finish the same as in the order of sale following which the prior sale was made]. NOTE.— California, Code Civ. Proc, sec. 1525. No. 3105. Notice of Motion to Set Aside Sale for Neglect to Comply With Terms. [Title of Court and Estate.] To A. B. : Yoii will please take notice that on Friday, Tune 3, 1917. at 10 o'clock A. M., the administrator of the estate of C. D., deceased, will move tlie Forms 3106, 3107 Cowdery's Form Book. 1082 court to set aside the sale to you, on May 7, 1917, by the administrator of said estate, and order a resale of the real estate described as fol- lows [description], upon the ground that you refuse and neglect to comply with the terms of said sale. [Description.] Said motion will be based upon the petition of the administrator for an order to sell said real estate, the order of the court directing the sale to be made, the notice of sale, and the return of sale, and upon all the loapers and records on file in the matter of said estate. NOTE. — "When the facts are as above stated, a sale will be set aside, and resale ordered. If at the resale the proceeds do not cover the bid and expenses of the previous sale, such purchaser is liable for the deficiency to the estate: California, Code Civ. Proc, sec. 1554. No. 3106. Order Vacating Sale and Directing Resale on Failure of Purchaser to Comply Witb Bid. [Title of Court and Estate.] The motion of , administrator of the estate of , deceased, to set aside and annul a sale of certain real property of said estate [here describe the property] coming on regularly this day for hearing; and it appearing that notice of the motion has been duly served ui-on , the purchaser at said sale; and it further appearing that said purchaser refuses and neglects to comply with the terms of said sale, in this, that he refuses to pay the balance of the purcliase price due: It is therefore ordered that the said sale heretofore made to said by said administrator on ■ -, 19 — , be and the same hereby is vacated and annulled ; that the order made on , 19 — , approving said sale, so far as the same confirms the sale to said , be and the same hereby is vacated and annulled. And it is further ordered that said administrator proceed under the order heretofore made by this court on the day of , 19 — , and make a resale of said real estate, giving due notice of such resale and conducting it in all respects as if no previous sale had been made. Done in open court this day of , 19 — . , Judge of Superior Court. No. 3107. Return and Account of Sales of Personal Property. [Title of Court and Estate.] M. J., administratrix of the estate of T. J., deceased, respectfully returns the following account of sales made by her under the ordci of the judge of this court, dated on the thirteenth day of August, 1917, and reports as follows, to wit: That in pursuance of said order of sale she gave public notice for at least ten days, by publication in the D. E. R., a newspaper pub- lished in said city and county [or by posting notices in three public places in said city and county], in which notice were specified the time and place of sale, as will also and more fully appear by the affidavit marked "A," hereunto annexed and made a part hereof. 1083 Probate Sales. Form 3108 Tlmt at the time and place specified in said notice, to wit, at the auction salesrooms of A. F., northeast corner of Montgomery and Cali- fornia Streets, in said city and county, on the twenty-fifth day of August, 1917, at twelve o'clock M., she caused to be sold, tlirough said A. F., auctioneer, to the highest bidder for cash, the property described in said notice and mentioned in the account of sales attached to the affidavit marked "B," hereunto annexed and made a part hereof. That at sucli sales the persons named in said account of sales be- came the pixrchasers of the articles, and at the prices set opposite their names respectively; that all of the said property was present at the time of selling; that the said sales were legally made and fairly con- ducted; and that the sums bid were not dis^Droportionate to the value of the property sold; all of which will also and more fully appear by said affidavits marked "B," "C" and "D," hereto attached. [See Forms following.] Wherefore said administratrix prays that said sales be confirmed and approved, and declared valid. NOTE.— California, Code Civ. Proc, sec. 1522. No. 3108. Affidavit of Publication of Notice of Sale of Personal Estate. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. C. B., of said city and county, being duly sworn, says: That he is over the age of eighteen years; not interested in the estate of T. J., deceased, and is not a party thereto. That he is the principal clerk and bookkeeper in the office of the publisher of the "D. Press," a newspaper published in said city and county, and as such clerk and bookkeeper has charge of all advertise- ments in said newspaper. That a notice, of Avhich the annexed is a true cop3'^ [insert copy], was published in said newspaper for at least ten days, and as often during the period of said ten days as said news- paper was regiilarlj'- issued, to wit, daily, Sundays excepted, from the fourteenth day of August, 1917, to and until the twenty-fifth day of August, 1917 (both daj's inclusive), [or, if the affidavit is of posting, then, omitting the words within the last brackets, say:] That a notice, of which the annexed is a true copy, was posted by him on the four- teenth day of Aiigust, 1917, in three public places in said city and county, to wit, one at the United States postofifice, one at the Hall of Justice, and one at the auction salesrooms of J. M. & S., in said city and county (or at whatever places notice was posted). [Signature.] Forms 3109, 3110 Cowdery's Form Book. 1084 No. 3109. Affidavit of Auctioneer on Return of Sale of Personal Estate. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. J. M., of said city and county, being duly sworn, says: That he is a member of the firm of J. M. & S., auctioneers in said city and county; that the property mentioned in the annexed notice was sold by said auctioneers to the highest bidders, for cash, at the place mentioned in said notice, on the twenty-fifth day of August, 1917, the sales com- iiiencing at twelve o'clock M. That all of said property was present at the time of selling; that the said sales were legally made and fairly conducted, and that the sums bid were not disproportionate to the value of the property sold. Tliat the account of sales attached to this affidavit is true and correct. [Signature.] No. 3110. Afl&davit of Auctioneer on Return of Sale of Personal Property. [Title of Court and Estate.] Account of Sale. State of California, County of Alameda, — ss. Name of Article Sold. Name of Purchaser. Amount Bid. 1 Gold Watch and Chain W. B $ 106 00 25 Shares Zenith G. and S. Mining Co D. F 2,525 00 100 Shares C. C. Mining Co A. W 700 00 50 Shares N. & J. Mining Co 0. C. K 800 00 5 Shares S. V. Mining Co P. G. P 50 00 $4,181 00 Charges. Advertising in B $12 50 Commissions, as per agreement 50 00 62 50 Net proceeds of sales $4,118 00 I do solemnly swear that the above-described articles were sold by me for the amounts, and to the persons above named. 1085 Probate Sales — Promissory Notes. Forms 3111, 3130 No. 3111. Order Confirming Sale of Personal Property. [Title of Court and Estate.] M. J., the administratrix of the estate of T. J., deceased, having duly returned to this court, and filed herein an account and report, verified by her affidavit, of sales made by her under the order of the judge of this court, dated on the tliirteenth day of August, 1917, and having also filed a petition praying that said sales be confirmed and approved; and the matter coming on regularly to be heard tliis seventh day of Septem- ber, 1917, and it duly appearing to the satisfaction of the judge of said court that said sale was properly conducted and legally made, and that due notice of the time and place was given, as required by law and the order of the judge of this court, it is ordered and decreed that the said sale be, and the same is hereby, confirmed and approved, and declared valid. Dated . [Signature.] NOTE. — California, Code Civ. Proc, sec. 1517; Alaska, Comp. Laws 1913, sees. 1662-1690; Arizona, Kev. Stats. 1913, par. 905; Idaho, Eev. Codes, 1907, eec. 5491« PROCESS. See Summons. PROIVEISSORY NOTES. 8180. Promissory note. 3131. Promissory note with attorney's fee clause. 3132. Promissory note, joint and several. 3133. Promissory note with default clause. 3134. Promissory note to corporation secured hy mortgage. 3135. Installment note, secured ty mortgage. 3136. Complaint on promissory note. 3137. Complaint hy holder against indorser and maker. 3138. Complaint by administrators on promissory note. 3139. Complaint on promissory note — Justice's court. 3140. Complaint on promissory note. 3141. Complaint on a partnership note. 3142. Complaint on lost note. 3143. Answer of pajonent of note in services. 3144. Answer that note was procured by fraud. 3145. Answer that notice of dishonor was not given. CROSS-REFERENCE S. See Pledge; Protest. Promissory Note to Corporation Secured by Mortgage, No. 3134. No. 3130. Promissory Note. $756. San Francisco, August 21, 3917. Sixty (60) days after date, withoiit grace, I promise to pay to R. Ml, or order, the sum of seven hixndred and fifty-six (756) dollars, payable Forms 3131-3133 Cowdery's Form Book. 1086 only in gold coin of the United States, for value received, with interest tliereon, in like gold coin, at the rate of two per cent per month from date till paid. A. B. No. 3131. Promissory Note With Attorney's Fee Clause. $300. San Francisco, January 22, 1917. Sixty (60) days after date, without gi'ace, I promise to pay to J. P., or order, the sum of three hundred (300) dollars, with interest thereon at the rate of one per cent per month, from date until paid. Princi[)al and interest payable only in United States gold coin; value received. And in the event of a suit to enforce the collection of this note, or any portion thereof, I further agree to pay the additional sum of five per cent in like gold coin, upon the amount found due, as attorney fees in said suit. A. B. No. 3132. Promissory Note, Joint and Several. $1,000. San Francisco, February 16, 1917. Thirty days after date, without gi-ace, for value received, we jointly and severally agree and promise to pay to J. C, or order, oi>e thousand (1,000) dollars, with interest thereon at one per cent per month, from date until paid, payable monthly, in advance. Principal and interest payable at 434 California Street, San Francisco, in U. S. gold coin. Said interest, if not paid as it becomes due, to be added to the prin- cipal and become a part thereof, and to bear interest at the same rate. And in case default should be made in the payment of any interest, when due, then both principal and interest to borome due and payable immediately after such default, at the option of the holder of this note. A. B. C. D. No. 3133. Promissory Note With Defaiilt Clause. $10,000. San Francisco, May 20, 1917. One year after date, without grace, for value received, I promise to pay to S. D., or order, the sum of ten thousand dollars in gold coin of the United States, of the standard issued from the mint of the United States during the year 1872, with interest thereon from date until paid, at the rate of nine-twelfths of one per cent per month, said interest payable in United States gold coin of the same standard, monthly, in advance ; and I agree that in case of default in the pajTuent of the said principal sum, or of any amount of monthly interest, as it shall fall due, that such amounts sliall bear interest from the date of their respective maturity until paid, at the rate of one per cent per month, and that if said monthly interest, or any part thereof, is not paid within thirty days after the same becomes due and payable, then the whole of said prin- cipal sum and interest shall forthwith become due and jiayable at the election of the holder of this note. This note is secured by a mortgage bearing even date herewith. A. B. 1087 Promissory Notes. Forms 3134, 3135 No. 3134. Promissory Note to Corporation Secured by Mortgage. $25,000. San Francisco, January 16, 1917. On the sixteenth day of January, 1917, at three o'clock P. M. of that day, without gi-ace, and for value received, in gold coin of the United States, I promise to pay to the San Franr-isco Savings Union, a corpo- ration duly incorporated and doing business as such, or to its order, at its office, the principal sum of twenty-five thousand (25,000) dollars. And I further promise to pay interest on said amount, at tlie monthly rate of two-thirds of one per cent to said San Francisco Savings Union, at its office, without grace, on the sixteenth day of each and every month, till payment of the principal, the first payment to be made the sixteenth day of February, 1917. And I further promise to pay botli principal and interest in United States gold coin of the present stand- ard, waiving any right which I may have now or hereafter, to pay the same in any other currency. And further, I agree that in case of de- fault in the payment of any of the amounts of principal or interest above stipulated, then such amounts shall bear interest from the date of their maturity until the day of payment, at the rate of two per cent per month ; and all amounts paid thereafter shall be applied, first, to the payment of any interest which may then be due and unpaid, and after- ward, the balance thereof to the repayment of the said principal sum. And I further agree that, at any time during such default, the entire unpaid balance of said principal sum shall become due and payable, if the holder of this note shall so elect, and shall bear interest at the rate of two per cent per month from the date of maturity of the last paid amount of monthly interest until the whole principal sum and interest shall be paid. This note is secured by a mortgage of even date here- with. A. B. No. 3135. Installment Note, Secured by Mortgage. $7,200. San Francisco, May 20, 1917. For value received, in gold coin of the United States, we promise to pay to the California Savings and Loan Society, or order, at its office, in the city and county of San Francisco, state of California, the sum of seven thousand two hundred dollars, in gold coin of the United States of the standard issued from the Mint of tlie United States during the year 1872, with interest thereon from date until paid, at the rate of nine-tAvelfths of one per cent per month, in manner following, that is to say: in seventy-two equal installments, of one hundred dollars each, in said gold coin; the first of said installments to be paid in said gold coin on the twentieth day of June, 1917, without grace, and a like in- stallment in said gold coin on the twentieth day of each and every month thereafter, without grace, until the whole of said principal sum of seven thousand two hundred dollars, together with the interest that shall gi'ow due upon the decreasing amounts thereof, as herein specified, shall have been fully paid. And we agree that in case of default of the Form 3136 Cowdery's Form Book. 1088 payment of any of said installments, when, by the terms hereof the same shall fall due, that such installments shall bear interest from the date of their respective maturity until paid, at the rate of two per cent per month. And that if any one of said installments is not paid within thirty days after the same becomes due and payable, the whole of the jDrincipal sum then remaining unpaid, together with the interest that shall have accrued thereon, shall forthwith l^ceome due and payable, at the election of the holder of this note. This note is secured by a mort- gage bearing even date herewith. A. B. No. 3136. Complaint on Promissory Note. [Title of Court and Cause.] The plaintiff in the above-entitled action, complaining of the defend- ant in said action, alleges: 1. That on the day of , 19 — , at the county of , the said defendant, , made his certain promissory note, in writing, bearing date on that day, which said promissory note is in the words and figures following, to wit: ; and then and there delivered the said promis- sory note to the said , who afterward, on the said day of , 19 — , duly indorsed, assigned, and delivered said promissory note to the plaintiff herein. 2. That the said plaintiff is now the lawful owner and holder of the said promissory note. 3. That no part of the said promissory note, or of the interest thereon, has been paid. 4. That there is now due and unpaid to the said plaintiff on said promissory note the sum of dollars ($ ), gold coin of the United States, and interest thereon at the rate of per cent per month from , 19-. Wherefore the said plaintiff prays judgment against the said defend- ant for the sum of dollars ($ ), gold coin of the United States, with interest thereon at the rate of per cent per month from , 19 — , and costs of suit, and that said judgment be rendered and made payable in gold coin of the United States, pursuant to the terms of said promissory note. [Signature.] [Verification.] NOTE. — That copy of written instrument contained in complaint is ad- mitted, unless the answer is veritie;!, see Cal. Code Civ. Proc, sees. 447, 887. And when the defense is founded on a written instrument set out in the answer, its exf^cntion is admitted unless denied by the plaintiff under oath: See Cal. Code Civ. Proc, ee-cs. 44'8, 887. A copy of the note sued on is a sufficient complaint in a justice's court: See Cal. Code Civ. Proc, sec. 853. 1089 . Promissory Notes. Forms 3137, 3138 No. 3137. Complaint by Holder Against Indorser and Maker. [Title of Court and Cause.] , the plaintiff in the above-entitled action, complaining of and , the defendants in said action, alleges: 1. That on the day of , 19 — , at the county of , state of , the said defendant made his certain promissory note, in writ- ing, jjayable in gold coin of the United States, bearing date on tliat day, which said promissory note is in the words and figures following, to wit: ; and then and there delivered the said promissory note to the said defendant , who then and there indorsed the same, and delivered it so indorsed to the said plaintiff. 2. That afterward, when said note became due and payable, to wit, on the day of , 19 — , it was presented to the defendant , and payment thereof was demanded and refused; all of which the said defendant had due notice. 3. Tliat said note has not been paid, nor any part thereof, but the same remains wholly due and unpaid. 4. That the said plaintiif is now the owner and holder of said promis- Rory note. Wherefore, the said plaintiff prays judgment against tlie said defend- ants for the sum of dollars ($ ), with interest thereon from the day of , 19 — , at the rate of per cent per month, and costs of suit; and that said judgment be made payable in gold coin of the United States. [Signature.] No. 3138. Complaint by Administrators on Promissory Note. [Title of Court and Cause.] The plaintiffs complain of the defendant, and allege : First. That on the twenty-fifth day of November, 1895, the plain- tiffs were duly and legally appointed administrators with the will an- nexed of the estate of George H. Godwin, deceased, and tliat on the twelfth day of December, 1895, they duly qualified as such administra- tors, and letters of administration with the will annexed of said estate, were duly and legally issued to them and each of them; and that they and each of them have ever since been, and now are, the duly and legally appointed, qualified, and acting administrators with the will annexed of the estate of George Henry Godwin, deceased. Second. That on the second day of January. 1893, at Park Ranch, Cherry Creek, Madison county, Montana, the defendant made, executed and delivered to the said George Henry Godwin his promissory note in writing, bearing date on that day, which promissory note reads in words and figures following, to wit: [Here was set out a copy of the note.] Third. That, at the time of the appointment of plaintiffs, as adminis- trators with the will annexed of said estate as aforesaid, said note was a part of the assets of said estate, and the property thereof, and tlie Form Book — 69 Forms 3139, 3140 Cowdery's Form Book. 1090 same came into the hands of these plaintiffs, as administrators afore- said, as the property of said estate; and plaintiffs have ever since been, and now arc, the lawful owners and holders of said promissory note. Fourth. That the defendant has not paid said note, or any part thereof, or any interest thereon, but that the principal sum mentioned in said note, with interest thereon at tlie rate of ten per cent per an- num from the second day of January, 1893, is now wholly due and un- paid, and justly owing from defendant to praintiifs, as administrators aforesaid. Wherefore plaintiffs pray for judgment against the defendant for the sum of $500, with interest at the rate of ten per cent per annum from the second day of January, 1893, together with all costs of this action, and for all other proper relief. Hartman Bros. & Stewart, Plaintiffs' Attorneys. NOTE.— Precedent in Knight r. Le Beau, 19 Mont. 223, 47 Pac. 952. No. 3139. Complaint on Promissory Not© — Justice's Court. $150.00. Forest Hill, January 10th, 1875. For value received, I promise to pay to J. McD., the sum of $150, sixty days after the date of this note, at three per cent per month until paid. J. R. (Indorsed:) For value received, I hereby transfer the within note to J. C. B. J. McD. (Indorsed:) Pay to J. H. or order. J. C. B. NOTE. — This complaint was upheld: Hamilton v. McDonald, 18 Cal. 128. No. 3140. Complaint on Promissory Note. [Caption.] Martin White, plaintiff in the above-entitled action, complaining of the above-named defendant, alleges : That at the time and place therein mentioned defendant executed to plaintiff a promissory note in writing of which the following is a copy: [Here the note was set out in haec verba] . Said note has not been paid nor any part thereof except the interest up to March 1, 1867, and that the entire principal sum of said note, together with interest from March 1, 1867, is now due from the defendant to the plaintiff. Wlierefore the said plaintiff prays judgment against the said defend- ant for the sum of four hundred dollars, and interest thereon from March 1, 1867, and costs of suit. , Attorney for Plaintiff. NOTE.— Precedent in Hook v. White, 36 Cal. 300. 1091 Promissory Notes. Forniii 3141, 311:2 No. 3141. Complaint on a Partnership Note. [Caption.] A. F. Redemeyer, plaintiff in the above-entitled action, complaining of the above-named defendant, alleges : ' I. That the defendants Wliitcomb Henley, Barclay Heniey and Thomas B. Henley are now and at all times lierein named have been partners doing business in the county of Mendocino, state of California, under the firm name and style of "W. Henley & Bros." II. That on the fifteenth day of April, 1893, the said defendants Whitcomb Henley, Barclay Henley and Thomas B. Henley, partners doing business under the firm name of " W. Henley & Bros. ' ' as aforesaid, by said W. Henley, made and executed their said promissory note in writing, of which the following is a copy, to wit: [here set out the note in haec verba], and then and there delivered the same to plaintiff, and plaintiff is now the lawful owner and holder thereof. III. That no part of the said promissory note, either principal or interest thereof, has been paid. That there is remaining due and unpaid by said defendant to the said plaintiff on said promissory note the sum of one thousand sixty-one dollars and sixty cents [the amount of the note], with interest thereon from the fifteenth day of April, 1893, at the rate of ten per cent per annum. Wherefore the said plaintiff prays judgment against the defendants for the sum of one thousand sixty-one dollars and sixty cents and in- terest tliereon from the fifteenth day of April, 1893, at the rate of ten per cent per annum and costs of suit. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Eedemeyer v. Henley, 107 Cal. 176, 40 Pac. 230. No. 3142. Complaint on Lost Note. [Caption and Commencement.] That on the twenty-second day of January, 1885, the said defendant, J. R. King, and Wheatley Bros., of Bozeman, Montana, for a valuable consideration, executed and delivered to the said Schuttler & Hotz, as such partners, their certain promissory note of that date, for the sum of six hundred and seventy-nine and seventy-four liundredths ($679.74), due on the thirteenth day of September, 1885, together with interest after maturity at the rate of ten per cent per annum. Tliat on the third day of January, 1887, the said J. R. King paid on said note the sum of $91.69. That no other sum or amount has been paid on said note, and that there is now due and unpaid on the same from said defendant King the sum of nine hundred and seventy-seven and forty-seven hundredtlis dollars ($977.47), principal and interest to this sixth day of July, 1891. That the said plaintiffs are now the owners of said note, and entitled to receive the money due and unpaid thereon; that said plaintiffs or either Forms 3143-3145 Cowdery's Form Book. 1092 of them, have not indorsed or transferred said note, but the same since its maturity has been lost. , Plaintiff's Attorney. NOTE.— Precedent in Schuttler v. King, 13 Mont. 226, 33 Pac. 98. The complaint in this form is sufficient though it does not annex a copy of the note: Schuttler v. King, 13 Mont. 226, 33 Pac, 98; Ward v. Clay. 8^ Cal. 502, 23 Pac. 50, 227. No. 3143. Answer of Payment of Note in Services. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That after the said promissory note became payable, and before this action, to wit, on the day of , 19—, the plaintiff agreed to receive, and the defendant agreed to render to the said plaintiff, his services as a teamster, to the amount of said note. 2. That defendant afterward, according to the said agreement, ren- dered such services to the plaintiff, to the full amount due and payable on the said note. [Signature.] [Verification.] No. 3144. Answer That Note was Procured by Fraud. [Title of Court and Cause.] The defendant answers to the complaint, and alleges: 1. That at the time the note in the complaint set forth was made h-i was indebted to one , bv book account, in the sum of dollars ($ ). 2. That the plaintiff at the time falsely and fraudulently represented to the defendant that he was the owner and assignee of said account and indebtedness, and thereby, and without any consideration whatever, induced the defendant to make said note to him in satisfaction and dis- charge of said account. 3. That the said representations were false, and that the plaintiff never was tlie owner or assignee of said account, nor had he any bene- ficial interest in the same. 4. That the defendant was misled by said false representations. [Signature.] [Verification.] No. 3145. Answer That Notice of Dishonor was not Given. [Title of Court and Cause.] The defendant answers to the complaint and alleges: Tliat notice of dishonor of the note mentioned in the complaint was not given to him. [Signature.] [Verification.] 1093 Proof— Prote&t. Form 3150 PROOF. See Affidavits. Proof of Debt by Agent or Attorney, No. 702. Proof of Debt Due Corporation, No. 701. Proof of Labor, No. 2632. Proof of Magistrate's Handwriting, No. 467. Proof of Ownership and Possession in Case of LosB or Absence of Mining Records, No. 2635. Proof of Posting Notice and Diagram on Mining Claim, No. 2630. Proof of Publication on Application for Mining Patent, No. 2639. Proof of Secured Debt, No. 700. Proof of Secured Debt by Agent, No. 703. Proof of Service of Special Notice of Probate Proceedings, No. 2791. Proof of Unsecured Debt, No. 699. Proof That No Known Veins Exist in a Placer Mining Claim, No. 2637. Proof That Plat and Notice Remained Posted on Claim During Time of Publication, No. 2640. PROTEST. 3150. Notice of protest. 3151. Protest of note payable at particular place and notices mailed. 3152. Protest of note presented to maker personally and notice served on indorser personally or delivered at place of business. 3153. Protest where maker cannot be found and has no known place of business or residence. 3154. Protest when last place of residence or business can be ascertained but maker cannot be found. 3155. Protest when draft is accepted "supra protest." 3156. Notice of protsst of draft payable at sight. 3157. Maritime protest for distress of weather— Notation of. 3158. Maritime protest extended before same notary. 3159. Certificate to copy of maritime protest. 3160. Maritime protest extended before another notary, CEO SS-REFERENCE S. Protest and Adverse Claim on Application for Mining Patent, No. 2644. Protest of a Director of a Corporation Against Dividend to be Spread on the Minutes, No. 1318. No. 3150. Notice of Protest. United States of America, State of California, — ss. Sirs: Please take notice that a certain promissory note, dated May 1, 1917, for the sum of five thousand dollars, payable thirty days after date, drawn by H. J., in favor of S. W., and indorsed by j'ou, was this day presented by me. a notary public, to said H. J., the maker of tlie said note, and payment therefor demanded, which was refused, and the said promissory note having been dishonored, the same was this day protested by me for the nonpayment thereof, and the holder looks to j^ou for the payment thereof, together with all costs, charcres. interest, Form 3151 Cowdery's Form Book. 1094 expenses, and damages already accrued, or that may hereafter accrue thereon by reason of the nonpayment of said promissory note. [Seal.] [Signature.] NOTE.— California, Code Civ. Proc, sec. 3231. Supra protest is an acceptance or payment of a bill by a third person, made for the honor of the drawer, after protest for nonacceptance or non- payment by the drawee. No. 3151. Protest of Note Payahle at Particular Place and Notices Mailed. United States of America. State of California, City and County of San Francisco, — ss. On the third day of June, in the year of our Lord one thousand nine hundred and seventeen, at the request of the Bank of California, holder of the promissory note hereinafter set forth, I, J. M., notary public, duly commissioned and sworn, dwelling in the city and county of San Fran- cisco, did, during business hours of said day, present the orig;inal promis- sory note (a copy of which is indorsed on the reverse of this sheet), at the Bank of California, in this city, where the same is made payable, and demanded payment thereof from the paying teller, which he re- fused, saying: "No authority to pay." Whereupon I, the said notary, at the request aforesaid, did protest, and by these presents do publicly protest, as well as against the maker and indorsers as against all others whom it doth or may concern, for exclsange, re-exchange, and all costs, damages, and interests, already incurred and to be hereinafter incurred for the nonpayment of the said promissory note. I do hereby certify that on the third day of June, A. D. 1917, notice of protest, demand and nonpa^anent of the above-mentioned promissory note was served upon A. B. and C, indorsers, by depositing the same in the United States postoffice in said city, postage fully prepaid thereon directed to them respectively as follows: Oakland, California, San Jose, California, such being the reputed places of residence of said respective parties and the postoffice nearest thereto, according to the best information I could obtain. Thus done and protested, in the city and county of San Francisco, aforesaid, the days and years above written. [Seal] J- M., Notary Public in and for the City and County of San Francisco, State of California. 1095 Protest. Forms 3152, 3153 No. 3152. Protest of Note Presented to Maker Personally and Notice Sei-ved on Indorser Personally or Delivered at Place of Business. United States of America. State of California, City and County of San Francisco, — ss. On tlie third day of June, in the year of our Lord one thousand nine hundred and seventeen, at the request of the Bank of California, liolder of the promissory note hereinafter set forth, I, J. M., notary public, duly commissionod, and SAvorn. dwelling in the city and county of San Francisco, did, during business hours of said day, present the original promissory note (a copy of wliich is indorsed on the reverse of this sheet), to the maker in the city and county of San Francisco, and de- manded payment thereof from him personally, which he refused, saying, "I oannot pay this to-day," Whereupon I, the said notary, at the request aforesaid, did protest, and by these presents do publicly protest, as well as against the maker and indorsers as aeainst all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages, and interests already incurred and to be hereinafter incurred for the nonpayment of the said promissory note. I do hereby certify that on the third day of June, A. D. 1917, notice of protest, demand and nonpayment of the above-mentioned promissory note was served vipon H. 0., indorser, by delivering the same to him personally in said city. [Or upon D. F., indorser, by delivering the same at his place of business, No. 325 ^Montgomery street, in this city, to a person of discretion, in charge, apparently acting for him.] [Seal] [Signature.] No. 3153. Protest Where M?ker cannot be Found and has No Known Pla.ce of Business or Residence. United States of America, State of California, City and County of San Francisco, — ss. On the third day of June, in the year of our Lord one thousand nine hundred and seventeen, at the request of the Bank of California, holder of the promissory note hereinafter set forth, I, J. M., notary pidolic duly commissioned and sworn, dwelling in the city and county of San Francisco, did, during business hours of said day, present the original promissory note (a copy of wliich is indorsed on the reverse of this sheet), to several persons, at several places in said city, and did make due and diligent search and inquiry for the maker to demand pay- ment thereof, but I could not find him nor anyone to pay said note. I was credibly informed that said A. B. did not reside here, and had no office or place of business in San Francisco. Forms 3154, 3155 Cowdery's Form Book. 1096 Whereupon I, the said notary, at the request aforesaifl, did protest, and by these presents do publicly protest, as well as against the maker and indorsers as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages, and interests already incurred and to be hereinafter incurred for the nonpayment of the said promissory note, I do hereby certify, that on the 4th day of June, A. D. 1917, notice of protest, demand and nonpayment of the above-mentioned promissory note was served upon A. B. and C, indorsers, by depositing the same in the United States postoffice in tliis city, postage fully prepaid thereon, directed as follows : At their last known places of residence, such being the reputed places of residence of said respective parties and the post- jfiices nearest thereto, according to the best information I could obtain. [Seal] [Signature.] No. 3154. Protest When Last Place of Residence or Business can be Ascertained but Maker cannot be Found. United States of America. State of California, City and County of San Francisco, — ss. On the third day of June, in the year one thousand nine hundred and seventeen, at the request of the Bank of California, holder of the promis- sory note hereinafter set forth, I, J. M., notary public, duly commis- sioned and sworn, dwelling in the city and county of San Francisco, did, during business hours of said day, present the original promissory note (a copy of which is indorsed on the reverse of this sheet), at No. 37,262 California Street, in this city, which I was informed was the last reputed place of residence in this city of J. S., the maker, and demanded payment thereof from a person in charge competent to give answers, which he refused, saying, "J. S. formerly lived here, but I do not know his present address. ' ' Whereupon I, the said notary, at the request aforesaid, did protest, and by these presents do publicly protest, as well as against the maker and indorsers as against all others whom it doth or may concern, for exchange, re-exchange, and all costs, damages, and interests already in- curred and to be hereinafter incurred for the nonpayment of the said promissory note. [Signature.] No. 3155. Protest When Draft is Accepted "Supra Protest." United States of America. State of California, City and County of San Francisco, — ss. On the third day of June, in the year one thousand nine hundred and seventeen, at the request of the Bank of California, holder of the bill 1097 Protest. Forms 3156, 3157 of exchange liercinafter set forth, I, J. M., notary public, duly commis- sioned and sworn, dwelling in the city and county of San Francisco, did, during business hours of said day, present the original bill of exchange (a copy of which is indorsed on the reverse of this sheet), at the place of business of A. B. & Co., the drawers. No. 3763 Maple Street, in tliis city, and demanded accejotance thereof from a member of tlie firm, which he refused saying, "No advice." I then presented said draft to C. D., the drawee, in case of need, and demanded acceiitance tliereof from him, to which he replied, "I will accept this 'supra protest' for the honor of E. r. & Co., the drawers." Whereupon, I, the said notary, at the request aforesaid, did protest, and by these presents do publicly protest, as well as against the drawer, indorsers, as against all others whom it doth or may concern, for ex- change, re-exchange, and all costs, damages and interests, already incurred and to be hereinafter incurred for the nonacceptance of the said bill of exchange. I do hereby certify, that on the fourth day of June, A. D. 1917, no- tice of protest, demand and nonacceptance of the above-mentioned bill of exchange was served upon the drawers and indorsers, by depositing the same in the United States postoflfice in this city, postage fully pre- paid thereon, directed to them respectively, as follows: E. F. & Co., Hamburg, Germany. C. D. & Co., London, England. A. G. & Co., New York, N. Y. — such being the reputed places of residence of said respective paitics, and tlie postoffiees nearest thereto, according to the best information I could obtain. [Seal] [Signature.] No. 3156. Notice of Protest of Draft Payable at Sight. San Francisco, Cal., June 3d, 1917. Sir: Please take notice that a certain draft, dated May 3, 1917, for one thousand dollars payable at sight, drawn by A. B. on C. D., San Francisco, California, in favor of and indorsed J. D., also indorsed L. M., was this day protested by me for the nonpajonent thereof, and tlie holders look to you for the payment thereof, together with all costs, charges, interests, expenses and damages already accrued or that may hereafter accrue thereon by reason of the nonpayment of said draft. To J. D. and L. M. [Seal] [Signature.] No. 3157. Maritime Protest for Distress of Weather— Notation of. State of , County of , ss. On this day of , 19 — , before me, a notary public, duly commissioned and sworn, for the county of aforesaid, personally Form 3157 Cowdery's Form Book. 1098 appeared , master of the ship , and, being by me duly sworn, says that said ship is now lying in the port of ; that he brought her therein on the day of , 19 — , at about the hour of o'clock A. M.; that said vessel is from the port of , is loaded with a cargo of , and is bound for the port of , the state of ; and that, having experienced heavy weather on the passage, which , and, fearing further damage, the said now enters with me, the said notary, in due form of law, his protest, to serve as occasion may require, reserving to himself the right to extend the same in time and place con- venient. [Signature.] Subscribed and sworn to before me on the date first above written. [Seal] [Official signature] NOTE. — Marine protests are declarations of tlie master and others of a vessel, authenticated by a notary, setting forth the circumstances of a voyage, particularly in the event of any accident to the vessel or crew, or disaster of any kind. Such a protest is first to be made within twenty- four hours of arrival, or at furthest within forty-eight hours after such time. It is customary for the master of a vessel arriving in a port of destina- tion to cause an entry or note of protest to be made, which is signed by him at the office of a notary. It is the duty of a master to do this when Bome mishap or accident has befallen a vessel during the voyage, dis- abling either the vessel or her crew, or injuring her cargo. In such cases, the protest may become a very useful and important matter — a basis on which adjustment for losses may be made, and for reference in calculating general average. If an accident befalls a vessel during her voyage, it is the duty of the master to go before a notary, at the first port he reaches, and cause an entry or note of protest of this to be made. After arriving at the port of destination, a more formal and regular protest is made by the master and others of the crew, such as the mate and a seaman, who subscribe and make oath thereto before a notary, who may be the one before wliom the first entry was made, or a different one. No particular form is prescribed, but the protest should contain a decla- ration or narrative of the particulars of the voyage, of the storms or bad weather which the vessel has encountered, the accidents which have occurred, and which have compelled the master, if at an intermediate port, to resort to it, and of the conduct which, in cases of emergency, he had thought proper to pursue: See Abbott's Merchant Ships and Seamen, p. 575. A few words are sufficient for the protesting part. It is provided in section 2891 of the Revised Statutes of the United States: "If any vessel from any foreign port, compelled by distress of weather, or other necessity, shall put into any port of the United States, not being destined for the same, the master, together with the mate or person next in command, may, within twenty-four hours after her arrival, make protest in the usual form upon oath, before a notary public or other person duly authorized, or before the collector of the district where the vessel arrives, setting forth the cause or circumstances of such distress or necessity. Such protest, if not made before the collector, shall be produced to him, and to the naval officer, if any, and a copy hereof lodged with him or them. The master shall also, within forty-eight hours after such arrival, make report in writing to the collector, of the vessel and her cargo, as is directed hereby to be done in other cases." A note of protest is a note or minute of protest, made by the notary at the time of protest, to be filled out later more in detail. 1099 Protest. Forms 3158, 3159 No. 3158. Maritime Protest Extended Before Same Notary. United States of America, State of . County of , ss. Be it known, by this public instrument of protest, to all to whom these presents shall come that, on the day of , 19 — , beiore me, , a notaiy public, duly commissioned and sworn, for the county of • aforesaid, there personally appeared , master of the ship , to- gether with , the mate in command of said ship, and ■ , a seaman thereof, who, being by me severally and duly sworn, eacli for himself, and not one for the other, declares on his oath (protest having been duly noted before me on arrival) that said ship is of tons burden, or thereabouts, and is now lying in the port of ; that affiants sailed into this, the port of , with said vessel, on the day of , 191 — , at about the hour of o'clock A. M., from the port of , with a cargo of , bound for the port of , in the state of ; that heavy weather was experienced on the passage, which ; and that any loss, damage, or injury which has arisen or accrued, as well as loss, damage or injury which may hereafter be sustained by reason of the condition of said ship, has been occasioned solely by the circum- stances hereinbefore stated, and cannot or ouglit not to be attributed to any negligence, want of skill, vigilance, or exertion on the part of the said ajDpearers, or any of the officers or men of the said ship. [Signatures.] Subscribed and sworn to [etc.] [Seal] [Official signature.] Wherefore, the said , master as aforesaid, hath requested me to protest, and I, the said notary, at sucli his request, have protested, and by these presents do publicly and solemnly protest, against all and every person and persons whom it doth, sliall, or may concern, and against all and singular the accidents, casualties, and circumstances already set forth in the foregoing declaration, for all manner of losses, costs, damages, charges, expenses and injuries whatsoever which the said ship and her cargo on board, and the freight by her earned, or to be earned, or either of them, or any part thereof, have already sus- tained, or may hereafter sustain, by reason or means of the circum- stances hereinbefore stated. Thus done and protested by me, at , the day and year first above written. [Seal] [Official signature.] No. 3159. Certificate to Copy of Maritime Protest. State of - > County of , ss. I, , a notary public in and for said county and state, duly com- missioned and sworn, residing at , in said county, do hereby certify Forms 3160-3180 Cowdery's Book Form. 1100 that the foregoing is a true and exact copy of an original protest on record in my oflBce. In testimony whereof I have hereunto set my hand and affixed my notarial seal this day of , 191 — . [Seal] [Official signature.] No. 3160. Maritime Protest Extended Before Another Notary. United States of America. State of , County of , ss. Be it known, by this public instrument of protest to all whom it may concern that on the day of , 191—, before , a notary pub- lic of , personally appeared , master of the ship , of the burden of about tons, and noted with him in due time, and in due form of law, his protest, for the uses and purposes hereinafter mentioned. And now, on this day of , 191—, before me, [etc.], comes the said , master, and requires me to extend his said protest, and with him appear and , the mate and a seaman, respec- tively, of said vessel, who being by me severally and duly sworn, each for liimself, and not one for the other, declares on oath that [set out circumstances]. [Seal] [Signature.] PROXY. Proxy — Accompanied by Ballot, No. 1310. Proxy to Vote, No. 1317. Proxy to Vote at Annual Election, No. 130S». QUIETING TITLE. See Restoration of Title. 3180. Complaint to quiet title. 3181. Complaint to quiet title to mining claim. 3182. Complaint to quiet title. 3183. Notice of pendency of action to quiet title. 3184. Complaint to determine conflicting claims to real property — North Dakota. No. 3180. Complaint to Quiet Title. [Title of Court and Cause.] J. D., the plaintiff in this action, complains of the above-named de- fendants, and for cause of action alleges: That the plaintiff, above named, is now, and for a long time hitherto has been, the owner, and in possession of that certain piece or parcel of land situate, lying, and being in said county of San Mateo, and bounded and described, as follows, to wit: [Description.] 1101 Quieting Title. Form 3181 And plaintiff further avers that the said defendants claim and assert an interest [or interests] therein adverse to the plaintiff, and that the claims of said defendants are without any risfht whatever, and that tlie said defendants have not, nor have either of them, any estate, right, title, or interest whatever, in said land or premises, or any part thereof. Wherefore, plaintiff prays that said defendants may be required to set forth the nature of their several claims, and that all adverse claims of the said defendants, or either of them, may be determined by a de- cree of this court; and that by said decree, it be declared and adjudged that said plaintiff is the owner of said premises, and that the defend- ants, or either of them, have no estate or interest whatever in or to said land and premises; and also that the said defendants, and each and every of them, be forever debarred from asserting any claim what- ever in or to said land and premises adverse to the plaintiff, and for such other and further relief as to equity shall seem meet. [Signature.] NOTE. — Alaska, Comp. Laws 1913, sec. 1307; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1623-1626; California, Code Civ. Proc, sec. 738 et seq.; Colorado, Mill's Ann. Stats. 1912, sees. 255, 256; Hawaii, Eev. Code 1915, sees. 2750-2753; Idaho, Rev. Codes 1907, sec. 4538; Kansas, Gen. Stats. 1915, sec. 7522 et seq.; Montana, Eev. Codes 1907, sees. 6870-6882; Nebraska, Rev. Code 1913, sec. 6266 et seq.; Nevada, Rev. Laws 1912, sec. 5514 et seq.; New Mexico, Stats. Ann. 1915, sec. 4387 et seq.; North Dakota, Comp. Laws 1913, sees. 8144-8165; Oklahoma, Harris & Day's Code 1910, sec. 4927 et seq.; Oregon, Lord's Oregon Laws, see. 516 et seq.; South Dakota, Comp. Laws 1913, sec. 5449 et seq.; Utah, Comp. Laws 1907, see. 3511; Washington, Rem. Code, sec. 785 et seq.; Wyoming, Comp. Stats. 1910, sec. 4964. No. 3181. Complaint to Quiet Title to Mining Claim. [Title of Court and Cause.] Now comes the above-named plaintiffs, by their attorneys, Eagon & Armstrong, and for cause of action allege that on tlie nineteenth day of June, 1883, b^'^ an order of superior court of said Amador county duly made on that day, and before the filing of this complaint, the same James Thompson was appointed guardian ad litem for A. Tliompson, a minor; that plaintiffs are now, and for a long time hitherto have been the owners of, in the possession of, and entitled to the possession of, that certain piece or parcel of land situated, Ijang, and being in the county of Amador, state of California, and bounded and particularly described as follows: The N. 1/2 of the N. 1/2 of SE. 1/4 and the N. Vo of the S. V2 of NE. 14 of SE. 1/4 of section 17, and the W. 1/2 of the NW. 1/4 of the SW. 1/4 of section 16, township (5) five north, range ten east, M. D. M., containing 70 acres ; that said defendant claims an estate and interest in the above-described tract of land adverse to the said plaintiffs; that the said claim of defendant is without any right wliat- ever, and that said defendant has not any estate, right, title or interest whatever in the said land or premises, or any part thereof. Form 3182 Cowdery's Form Book. 1102 Wherefore plaintiffs pray for judgment, (1) That defendant may be required to set forth the virtue of his claim, and that all adverse claims of the defendant may be determined by a decree of this court. (2) That, by said decree, it be adjudged that the defendant has no estate or interest whatever in or to said land in this complaint described, and that the riglit, title and interest of the plaintiffs therein to said land is good and valid. (3) That the defendant be forever enjoined and restrained from in any manner interfering with said property, or entering upon, or exer- cising acts of ownership over the same, as well as from in any manner interfering with plaintiff's use, occupation and control of said premises, and that plaintiff's title be quieted against the claim of the defendant, and for such otlier and further relief as may be proper in the premises, and the plaintiff will ever pray, etc. , Attorney for Plaintiff. [Verification.] NOTE.— Precedent in Thompson v. Spray, 72 Cal. 528, 14 Pac. 1&3. No. 3182. Complaint to Quiet Title. [Title of Court and Cause.] The above-named plaintiffs, by Jeremiah Mason, his attorney, com- plains of the above-named defendant, and for cause of action alleges : 1. That the plaintiffs are now, and for a long time have been, and are entitled to be, in the possession of certain real property, situated, lying and being in the county of Laramie and state of Wyoming, known and described as follows, to wit : Lot numbered 1 in section numbered 23, in township numbered 14 north, of range numbered 67 west of the sixth principal meridian. 2. That the said plaintiffs claim title in fee to the said premises, and that tlio defendant aforesaid claims an estate or interest therein adverse to the said plaintiffs. 3. That the claim for said defendant is without any right whatever, and that the said defendant has not any estate, right, title or interest whatsoever in said land or premises, or any part thereof. Wherefore plaintiffs pray that defendant's claim may be declared null and void; that plaintiffs' title may be quieted, and for all other proper relief. , Plaintiffs' Attorney. [Verification.] NOTE.— Precedent in Durell v. Abbott, 6 Wyo. 265, 269, 44 Pac. 647. A demurrer to the petition in this ease, on the ground that the allegation that plaintiff claims title in fee is not sufficient, but that the nature of the title should be set up, was overruled. 1103 Quieting Title. Forms 3183, 31Si No. 3183. Notice of Pendency of Action to Quiet Title. [Title of Court and Cause.] Notice is hereby given, that an action has been commenced in the superior court of the city and county of San Francisco, state of Cali- fornia, by the above-named plaintiff, against the above-named defend- ants, to quiet the title to the premises and real estate in the complaint in the said action, and hereinafter described, and to determine all and everj'^ claim, estate, or interest therein of said defendants, or either or any of them, adverse to the said plaintili", and the premises affected by this suit are situated in the said city and county, and are bounded and described as follows, to wit: [Description.] Dated . , Attorney for Plaintiff. NOTE.— California, Code dr. Proc, sec. 409. No. 3184. Complaint to Determine Conflicting Claims to Real Property — North Dakota. [Title of Court and Cause.] The plaintiff for cause of action shows to the court that he has an estate in, interest in, or lien or encumbrance upon, the followin'^ described real property, situate in the above-named county and state, to wit : ; and that the defendants claim certain estates or interests in, or liens upon, the same adverse to plaintiff. Wherefore plaintiff prays that the defendants be required to set forth all their adverse claims to the property above described, and that the validity, superiority and priority thereof be determined; that the same be adjudged null and void, and that they be decreed to have no estate or interest in, or lien or encimibrance upon, said property; that his title be quieted as to such claim, and that defendants be forever debarred and enjoined from further asserting the same; that he re- cover possession of the premises described; that he recover dol- lars ($ ), as the value of the use and occupation, and value of property wasted and removed therefrom ; and that he have such other general relief as may be just, together with costs and disbursements. [Signature.] [Verification.] NOTE.— See N. D. Comp. Laws 1913, sec. 1847. In an action for the determination of adverse claims, the property must be described in the complaint with snch certainty as to enable an offi'^er upon execution to identify it. This complaint is probably better known in North Dakota as one to determine conflicting claims to real property. Form 3200 Cowdery's Form Book. llOi QUITCLAIM DEEDS. Quitclaim Deed, No. 1447. Quitclaim Deed — Anotlier Form, No. 1448. Qaitclaim Deed — Arizona, No. 1452. Quitclaim Deed — Utah, No. 1454. Quitclaim Deed — Washington, No. 1464. Quitclaim Deed — Wyoming, No. 1465. QUO WARRANTO. 3200. Complaint In quo warranto. 3201. Answer in quo warranto. No. 3200. Complaint in Quo Warranto. In the Superior Court of the State of Washington, for the County of Chehalis. The State of Washington, on the Relation of Edward Tremblay, Plaintiff, against John McQuade, Defendant, j The relator above named, complaining of the defendant above named, for cause of action alleges that the town of Gilman, during all of the time and times herein, was and is a municipal corporation of the fourth class, organized and existing under the laws of the state of Wasliing- ton; that on the ninth day of January, 1894, one John McQuade was appointed marshal of said town of Gilman by the common council of said town, to hold said office at the pleasure of said council, and said McQuade immediately thereafter entered upon the duties of said office and continued therein until his removal as herein alleged; that on the sixth day of July, 1894, said respondent McQuade was duly removed from said office by said council for cause deemed sufficient, by resolution entered upon the records of said council; that immediately after the removal of the respondent as aforesaid, said Tremblay was duly ap- pointed town marshal by the council of said town to fill the vacancy caused by the removal of said respondent as aforesaid ; that said Trem- blay accepted the said office and in tlie form and within the time required by law and the ordinances of said town, took and subscribed the constitutional oath of office and filed the same with the clerk of said town, and executed the official bond required by law and the ordinances of said town, which bond was duly approved by the council of said town and the same filed with the clerk of said tov/n, and the said relator thereby became entitled to hold said office of marshal; that said Trem- blay, after qualifying for said office and filing said bond, demanded of said respondent the possession of said office, togetlier with all books, papers and records thereof, and of the keys of tlie town jail and one 1105 Quo Warranto. Form 3201 certain revolver, all of said property belonging to said town and per- taining to said office of marshal, and said respondent has at all times refused and docs now refuse to comply with said demand; that said respondent still continues to hold, exercise and usurp said office of marshal to the exclusion of said Tremhlay; that by reason of tlie usurpation of said office by said McQuade iinlawfully exercising tlie riglits of said office, this relator has been damaged in the sura of fifty dollars. Wherefore the relator demands judgment that the defendant be ousted from and the relator be inducted into said office, that relator recover said sum of fifty dollars damages, and his costs of this action, and for other proper relief. Jeremiah Mason, Attorney for Relator. NOTE.— Precedent in State v. McQuade, 12 Wash. 556. On demurrer, the complaint or information in this case was held to state clearly a cause of action against the defendant. No. 3201. Answer in Quo Warranto, [Title of Court and Cause.] Now comes the defendant, and for answer to the petition of said plaintiff denies each and every allegation therein contained. (2) For further answer to the petition of said plaintiff said defend- ant alleges and avers that for more than thirty days prior to the last general election, on November 3, 1874, there was a vacancy in the office of judge of said sixth judicial district; that said defendant, at said election, by the electors of said district, was duly elected to fill said vacancy, and on the twenty-eighth day of November, 1874, received from the state board of canvassers of said state his certificate of elec- tion therefor, and on the twelftli day of December, 1874, and between tlie fourteenth day of said montli, duly qualified for said office, and entered upon his duties as such judge, and has ever since said time held and discharged the duties of said office, and does now; and said defendant avers that any pretended appointment or commission wliicli tlie plaintiff may have as judge of said district was and is without authority of law. , Attorney for Defendant. [Verification.] NOTE.— Precedent in Bawden v. Stewart, 14 Kan. 356. Form Book — 70 Form 3205 Cowdery's Form Book. 1106 RAILROAD COMMISSION. 3205. Formal complaint toefore Railroad Commission. 3206. Order to satisfy or answer a complaint. 3207. Answer to forn:'al complaint before Railroad Commission. 32C8. Notice of hearing on complaint Ijefore Railroad Commission. 3209. Formal application before Railroad Coiriinission. 3210. Published notice of hearing on application before Railroad Commis- sion. 3211. Application for permission to issue bonds. No. 3205. rormal Complaint Before Railroad Commission. Before the Railroad Commission of the State of California. No. [To be inserted by the secretary of the conimissiou]. [Insert name of each complainant], ~^ Complainant, V. [Insert name of each defendant], Defendant.^ Complaint. The complaint of [here insert full name of each complainant] respect- fully shows : (1) Tliat [here state occupation and postoffice address of each com- plainant]. (2) That [here insert full name, occupation and postoffice address of each defendant]. (3) That [here insert fully and clearly the specific act or thing com- plained of, together with such facts as are necessary to give a full understanding of the situation]. Wherefore, complainant asks [here state specifically the relief desired]. Dated at , California, this day of , 191 — . [Name of each complainant.] [Name and address of attorney, if any.] State of California, County of , ss. [Insert name of one complainant], being first duly sworn, deposes and says : that he is the complainant in the action entitled as above ; that he has read the foregoing complaint and knows the contents thereof; and that the same is true of his own knowledge, except as to matters which are therein stated on information or belief, and that as to those matters he believes it to be true. > Subscribed and sworn to before me, this day of , 191 — •. Notary Public in and for the County of , State of California. 1107 Railroad Commission. Forms 3206, 3207 No. 3206. Order to Satisfy or Answer a Complaint. Before the Railroad Commission of the State of California. No. [To be inserted by the secretary of the commission], , Complainant, | I , Defendant. J Order to Satisfy or Answer. To [here insert name and address of defendant] : You are hereby notified that a complaint has been filed in the action entitled as above against you as defendant, and you are hereby ordered to satisfy the matters therein complained of or to answer said com- plaint in writing within ten (10) days from the service upon you of this order and the copy of said complaint which is hereunto attached. By order of the Railroad Commission: Dated at San Francisco, California, this day of , 191 — . [Railroad Commission Seal] , Secretary Railroad Commission of the State of California. No. 8207. Answer to Formal Complaint Before Railroad Commission. Before the Railroad Commission of the State of California. No. [To be inserted by the secretary of the commission], [Insert name of each complainant], Complainant, ^' > [Insert name of each defendant]. Defendant.^ Answer. The above-named defendant, for answer to the complaint in this proceeding, respectfully states : (1) That [here follow specific denials of such material allegations of the complaint as are controverted by the defendant and also a statement of any new matter constituting a defense. Continue numbering each succeeding paragraph]. Wherefore, the defendant prays that the complaint be dismissed [or other appropriate prayer]. [Name of defendant.] [Name and address of attorney, if any.] Forms 3208, 3209 Cowdeby's Form Book. 1108 State of California, County of , ss. [Insert name of defendant], being first duly sworn, deposes and says: That he is the defendant in the action entitled as above; that he has read the foregoing answer and knows the contents thereof; and that the same is true of his own knowledge, except as to matters which are therein stated on information or belief, and that as to those mat- ters he believes it to be true. Subscribed and sworn to before me, this day of , 191 — . Notary Public in and for the County of , State of California. No. 3208. Notice of Hearing on Complaint Before Railroad Com- mission. Before the Railroad Commission of the State of California. No. [To be inserted by the secretary of the commission], , Complainant, I I — — , Defendant. J Notice of Hearing. To [here insert name of party to be notified] : You and each of you are hereby notified that the Railroad Commission of the state of California has set the above-entitled case for hearing before commissioner on [day of week] the [day of month] day of [name of month], 191—, at o'clock — M., at [here insert place of hearing], at which time and place you will be given an opportunity to be heard. By order of the Railroad Commission. Dated at San Francisco, California, this day of , 191 — . [Railroad Commission Seal] , Secretary Railroad Commission of the State of California. No. 3209. rormal Application Before Railroad Commission. Before the Railroad Commission of the State of California. No. [To be inserted by the secretary of the commission]. In the Matter of the Application of [here insert name of each appli- cant] for [here insert desired order, authorization, permission or certificate, thus: "order authorizing issue of stock and bonds"]. Application. The petition of [here insert name of each applicant] respectfully shows : 1. That applicant is engaged in the business of [here insert nature of business and territorial extent thereof]. 1109 RAn.ROAD Commission. Forms 3210 2. That the postoffice address of each applicant is 3. That [here insert fully and clearly the facts required by these rules, and an_v additional facts which the applicant desii'es to state]. ■ Wherefore, applicant asks that the Railroad Commission of the State of California make its order authorizing applicant to [liere state specifically the action which tlie aj^plicant desires the Eailroad Com- mission to take]. Dated at , California, this day of , 191 — . [Name of each applicant.] [Name and address of attorney, if any.] State of California, County of , ss. [Insert name of applicant], bein^ first duly sworn, deposes and says: that he is the applicant in the proceeding entitled as above; that he has read the foregoing application and knows the contents thereof; and that the same is true of his own knowledge, except as to matters which are therein stated on information or belief, and that as to those matters he believes it to be true. Subscribed and sworn to before me, this day of , 19 — . Notary Public in and for the County of , State of California. No. 3210. Published Notice of Hearing on Application Before Rail- road Commission. Before the Railroad Commission of the State of California. In the Matter of the Application of [here insert name of applicant] for [here insert desired order, authorization, permission or cer- tificate]. Notice of Hearing. Notice is hereby given that the application of [name of applicant in full] for the [approval, determination, consent, permission, certificate or authorization] of the Railroad Commission of the state of California to [here state nature of consent asked] will be heard before commis- sioner on [day of week], the [day of montli], day of [name of month], 191 — , at o'clock — M., at [here insert place of hearing], at which time all persons interested may appear and be heard. By order of the Railroad Commission. Dated at San Francisco, California, this day of , 191 — . Secretary Railroad Commission of the State of California. Form 3211 Cowdery's Form Book. 1110 No. 3211. Application for Permission to Issue Bonds. In the Matter of the Application of Southern Pacific Railroad Company, a Corporation, and Southern Pacific Company, a Corporation, for Permission to Issue $2,789,153.74 Par Value Refunding Bonds. The petition of Southern Pacific Railroad Company and Southern Pacific Company respectfully shows : I. That the Southern Pacific Railroad Company is a railroad corporation, incorporated and existing under and by vii'tue of the laws of Arizona, California and New Mexico. II. Tliat the Southern Pacific Company is a railroad corporation, incor- porated and existing under and by virtue of the laws of Kentucky. III. That the postoffice address of applicants is Flood Building, San Fran- cisco, California. IV. That Southern Pacific Railroad Company is the owner of certain lines of railroad running from the city and county of San Francisco through California and the state of Arizona to the eastern boundary line of said state of Arizona at a point about sixty (60) miles north of tlie inter- section of said boundary line with ' the international boundary line between the United States and Mexico. The Southern Pacific Railroad Company is also the owner of a certain line of railroad commencing on tlie western boundary line of the state of New Mexico, about sixty (60) miles north of the intersection of said boundary line with the inter- national boundary line between the United States and Mexico, and run- ning thence easterly to a point in the Rio Grande, being the boundary line between the states of New Mexico and Texas and connecting with the vv-estern end of the railroad of the Galveston, Harrisburg & San Antonio Railway Company, a corporation organized under the laws of Texas — all of which said lines of railroad thus owned by Southern Pacific Railroad Company in the states of California, Arizona and New Mexico, and aggregating about 3,475 miles, are more particularly de- scribed in a certain mortgage and trust indenture executed by Southern Pacific Railroad Company and Southern Pacific Company to the Equi- table Trust Company of New York, a corporation organized under the laws of the state of New York, as trustee, such trust indenture being designated as "First Refunding Mortgage" and dated January 3, 1905. V. ^ That the said Southern Pacific Company is operating all of the said lines of railroad described in said first refunding mortgage as lessee of Southern Pacific Railroad Company. VI. That said first refunding mortgage was executed by Southern Pacific Railroad Company and the said Southern Pacific Company for the pur- 1111 Railroad Commission. Formo211 pose of issuing and to secure the payment of bonds designated as "Sontiiern Pacific Railroad Company First Refunding Mortgage Gold Bonds," payable January 1, 1955, with interest at rates not exceeding four per cent (4%) per annum from January 1, 1905, payable semi- annually and redeemable at the option of Southern Pacific Railroad Company at one hundred and five per cent (105%) of the par value, with accrued interest on January 1, 1910, or on any semi-annual inter- est day thereafter upon previous notice to be given for tlie time and in tlie manner provided for in said mortgage. The aggregate amount of all bonds which might be issued and outstanding under said indenture shall never at any one time exceed the principal sum of one hundred and sixty million dollars ($160,000,000). vn. Section 5 of article II of said first refunding mortgage provides that $26,317,500 face value of the bonds authorized to be issued thereunder sliall be reserved to be executed by the Southern Pacific Railroad Com- pany and to be certified and delivered by the trustee from time to time, to be used by the said Southern Pacific Railroad Company for some one or more of the following purposes (in so far as such purposes shall be purposes for which such bonds may lawfully be issued), viz.: "(1) Tlie construction, after the date hereof, within the state of California or territories of Arizona and New Mexico, or within the republic of Mexico, of additional lines of railroad, and of extensions and branches of the lines of railroad now or at any time hereafter sub- ject to the lien of this indenture. "(2) The acquisition after the date hereof of any fully paid shares of the capital stock (but not less than a majority of the outstanding issue) or bonds at any time issued or created by any company owning any line or lines of railroad within the state of California or territories of" Arizona or New Mexico or witliin the re]iublic of Mexico and con- necting directly with lines of railroad in California, Arizona or New Mexico, owned, controlled or operated under lease by the railroad com- pany or by the party of the second part. " (3) The acquisition, after the date hereof, by purcliase or by meraei or consolidation of additional lines of railroad within the state of Cali- fornia or territories of Arizona or New Mexico or within the republic of Mexico; and the construction of additional main track (excluding side, passing, spur and yard tracks) required in double tracking any of the lines of railroad at any time subject to the lien of tliis indenture. ''(4) The construction of tunnels and bridges and the reduction of grades or curvature upon any lines of railroad at any time subject to the lien of this indenture. "(5) The purchase and improvement of additional real estate for use in connection with the operation or maintenance of any of the lines of railroad now or at any time hereafter subject to the lien of this in- denture; the construction, purchase or acquisition of terminals, yards, shops, depots, docks or wliarves which may be required or be useful or convenient in the operation or maintenance of any of the lines of raif- Form 3211 Cowdery's Form Book. 1112 road now or at any time hereafter subject to the lien of this indenture ; the purcliase of rolling stock and other equipment for use upon said lines of railroad, and the construction or purchase of other additions to and improvements and betterments of and upon any of the lines of railroad now or at any time hereafter subject to the lien of this indenture. ' ' Section 6 of article II of said first refunding mortgage specifies the conditions and restrictions under which the said $26,317,500 of said bonds shall be certified and delivered; arid section 7 further provides that whenever the railroad company shall have made expenditures, after the date of the execution and delivery of said mortgage, out of its earn- ings or otlier funds for any purpose for which it would be entitled to use bonds or their proceeds under the provisions of section 5 of article II of said mortgage, then it may apply the proceeds of such bonds to reimburse itself for such expenditures to the same extent as if such proceeds had been directly applied to such purpose, or the railroad com- pany may take and accept in lieu of such proceeds the reserved bonds themselves at prices to be fixed by resolution of its board of directors, but not in any case less than the average price for which bonds issued under and secured by said indenture shall have been sold on the New York Stock Exchange during the previous calendar month (if there shall have been any such sales) ; and the bonds so taken and accepted shall thereafter be held and may be used by said Soutliern Pacific Rail- road Company for its general corporate purposes, free and discharged from all restrictions. VIII. Your applicants file with this petition a copy of the first refunding mortgage above mentioned, which is made a part of this application and is marked Exhibit "A." IX. Applicant Southern Pacific Railroad Company has expended during the fourteen months ending December 31, 1912, since the date of tlie execution and delivery of said first refunding mortgage, the sum of $2,789,153.74 for the construction, and acquisition by purchase, after the date of said mortgage, within the state of California and the states of Arizona and New Mexico, of additional lines of railroad and of ex- tensions and branches of the lines of railroad subject to the lien of said mortgage; the construction, after said date, of tunnels and bridges and the reduction of grades and curvature upon lines of railroad subject to the lien of said mortgage; the purchase and improvement of additional real estate for use in connection witli the operation and maintenance of the lines of railroad subject to the lien of said mortgage; the con- struction, purchase or acquisition of terminals, yards, shops, depots and wharves useful or convenient in the operation or maintenance of the said lines of railroad and the construction or purchase of other addi- tions to and improvements and betterments of and upon said lines of railroad— all of which are more particularly described in the statement annexed hereto, made a part of this application and marked Exhibit 1113 Railroad Commission. Form 3211 X. Such expenditures were made for the pui-poses set forth in section 5 of article II of said mortgage. The purposes for which said expend- itures were made were purposes for which said bonds may be lawfully issued. The price i3aid for the foregoino: construction or for such pur- poses or acquisition, or expended for the foregoing betterments, im- provements or additions was not in excess of the fair value of such property or of such work. None of such expenditures was included in any expenditures reported by this company in any annual report as hav- ing been charged to operating expenses or to tlic cost of maintenance. The said property constructed or acquired as hereinbefore set forth was, at the time of its construction or acquisition, subject to no lien or charge and has become subject to the lien of said first refunding mortgage as a first charge, and no deed, conveyance or instrument of further assur- ance is necessary for the purpose of effectually subjecting to the lien and operation of said mortgage any of the property referred to herein, except as to property acquired from San Francisco and Napa Railway Company, all of which appears by the certificate of the vice-president, auditor and counsel of the Southern Pacific Railroad Company attached to Exhibit "B." XL There is on file with this commission the annual report of Southern Pacific Railroad Company for the j'car ending June 30, 1913, which shows the financial condition, on June 30, 1913, of said Southern Pacific Railroad Compan\^ There has been no substantial change in the finan- cial condition of said Southern Pacific Railroad Company since June 30, 1913, except that the gToss earnings of said Southern Pacific Railroad Company for the year ending June 30, 1914, were $52,978,701 24 Less amount payable to Southern Pacific Company under terms of lease $ 992,320 43 Operating expenses 31,221,213 97 Taxes 2,664,353 83 Interest on bonded debt 6,201,669 89 41,079,558 12 Balance $11,899,143 12 xn. The annual report of the Southern Pacific Railroad Company for the year ending June 30, 1914, has not yet been completed, but attached hereto is a preliminary balance sheet of said company as of June 30, 1914, marked Exhibit "C." XIIL Siibstantially all of the outstanding capital stock of said Southern Pacific Railroad Company is owned by applicant Southern Pacific Company. XIV. There is on file with this commission the annual report of the Southern Pacific Company, which shows the financial condition on June 30, 1913, Form 3211 Cowdery's Form Book. 111^ of said Southern Pacinc Company. The annual report of said Southern Pacific Company for the year ending June 30, 1914, has not yet been completed, but attached hereto and marked Exhibit " D " is a condensed balance sheet of said company as of April 30, 1914, together with a statement of transportation operations for the ten months ending April 30, 1914. Since tliat date all the one-year notes mentioned in said state- ment except sixty-eight thousand dollars ($68,000) have been retired through the proceeds derived by said Southern Pacific Company from the sale of fifty-five million dollars ($55,000,000), five per cent (5%) twenty-year convertible gold bonds dated June 1, 1914, the issuance of which have been authorized by this commission and the corporation com.raission of Arizona, the moneys realized from the sale of said bonds and the disposition of the proceeds thereof as of July 31, 1914, being as follows : Amount of bonds offered, the entire amount thereof having been sub- scribed at par $54,534,000 00 Bonds delivered in exchange for fully paid subscription receipts: Nos. M 1 to M 39,026, inclusive, of $1,000 each 39,026,000 00 Nos. D 1 to D 2,969, inclusive, of $500 each 1,484,500 00 Total to July 31, 1914 $40,510,500 00 Casli receii3ts: First installment — $54,534,000, face value, at $333 32 18,177,272 88 Second installment — $54,530,500, face value, at $333 32 18,176,106 26 Final installment — $54,513,000, face value, at $333 36 18,172,453 68 Total receipts to July 31, 1914 $54,525,83P 82 Less applied as follows: On account of the payment of the $4,500,000 loan due May 29, 1914, and the redemption of a portion of the j:>26,000,000 one-year 5% notes, due June 15, 1914, the proceeds of which were advanced to proprietary companies and used by them for capital expenditures made to December 31, 1914, as recited in tlie commission's order, viz.: Payment of loan $ 4,500,000 00 Redemption of one-year notes 25,973,000 00 $30,473,000 00 1115 Railroad Commission. Form 3211 Payment of commissions and ex- penses to bankers and tlie syndicate: Commissions 1,454,335 00 Expenses 11,964 78 1,46R,299 78 Equipment trust certificates paid off 1,011,000 00 Amounts advanced to iiroprietary com- panies during tlie period from January 1, 1914, to June 30, 1914, inclusive, for capital expenditures as shown in detail on statement attached as Exhibit "B".. . 6,457,436 00 39.407,735 78 Balance to be accounted for $15,118,097 04 XV. The stockholders of said Southern Pacific Company, by resolution adopted April 8, 1914, authorized the issuance of twenty million dol- lars ($20,000,000) par value additional capital stock of said company in connection with the issuance of said fifty-five million dollars ($55,000,000) convertible bonds, but none of such additional stock has as yet been issued. XVT. There has been filed with this commission (Application No. 484) a printed list of the stockholders of the Southern Pacific Company, aggregating about 15,500 stockholders. Since the filing of such list the number of stockholders has now increased to 29,300, such increase being chiefly due to the distribution of the stock formerly owned by the Union Pacific Railroad Company, of which the Pennsylvania Rail- road Company purchased 382,924 shares and now has registered in its name 342,924 shares. The Central Trust Company of New York, as trustee under the decree of dissolution entered by the United States Court, still holds 59,311 shares. XVII. The rate and amount of dividends paid by your applicants respec- tively during the five previous fiscal j^ears, and the amount of capital stock on which such dividends were paid each year is as follows : Southern Pacific Railroad Company. For the fiscal year ending June 30, 1909, 5 per cent, amounting to $8,000,000 upon $160,000,000 capital stock. For each of the fiscal years 1910, 1911, 1912, 1913 and 1914, 6 per cent, amounting to $9,600,000 upon $160,000,000 par value capital stock. Southern Pacific Company. For the fiscal year ending June 30, 1908, 6 per cent, amounting to $11,870,955.52 upon 1,978,492.59 shares of common stock; and Si/o per cent, amounting to $5,240,652.42 upon 1,497,329.30 shares of preferred stock. Form 3211 Cowdery's Form Book. 1116 For the fiscal year ending June 30, 1909, 6 per cent, amounting to $12,344,604.32 upon 2,057,434.05 shares of common stock; and 7 per cent, amounting to $4,992,106.42 upon 713,158.05 shares of preferred stock. For the fiscal year ending June 30, 1910, 6 per cent, amounting to $16,359,679.25 upon 2,726,613.21 shares of common stock ; and 6 per cent, amounting to $878,213.68 upon 146,368.94 shares of preferred stock. For the fiscal year ending June 30, 1911, 6 per cent, am©unting to $16,360,342.22 upon 2,726,723.70 shares of common stock. For the fiscal year ending June 30, 1912, 6 per cent, amounting to $16,360,342.32 upon 2,726,724.05 shares of common stock. For the fiscal year ending June 30, 1913, 6 per cent, amounting to $16,360,344.32 upon 2,726,724.05 shares of common stock. XVIII. Under the provisions of article XI of said mortgage, your applicant, the Southern Pacific Company, in consideration of the benefits and advantages to be derived by it from the issuance of said bonds, cove- nants and agrees to unconditionally guarantee to the owners of such bonds the punctual payment by the Southern Pacific Railroad Com- pany, or its successors, of the principal and interest of all bonds of said Southern Pacific Railroad Company, or its successors, which may be issued or reissued under said mortgage as the same mature, and agrees itself punctually to pay the said principal and interest if de- fault in the payment thereof be made by the Southern Pacific Railroad Company; and agrees to pay any tax or taxes which the Southern Pacific Railroad Company may be required or permitted to pay upon or to retain from said principal or interest in so far as the same shall not be paid by the Southern Pacific Railroad Company; and the Southern Pacific Company further covenants and agrees that it will cause its guaranty and agi-eement to be placed on each of said bonds in the form, or substantially the form, set forth in said mortgage. XIX. The expenditures made by applicant Southern Pacific Railroad Com- pany during the fourteen mouths ending December 31, 1912, and more particularly referred to in paragraph 9 of this petition, were expendi- tures made out of the said Southern Pacific Railroad Company's earn- ings or other funds and were for purposes for which the Southern Pacific Railroad Company would be entitled to use bonds or their proceeds under the provisions of section 5 of article II of said mort- gage, and said Southern Pacific Railroad Company is therefore entitled, under the provisions of section 7 of article II, to reimburse itself for such expenditures to the same extent as if such proceeds had been directly api3lied for such purpose, or the said Southern Pacific Rail- road Company may take and accept, in lieu of such proceeds, the re- serve bonds themselves at prices to be fixed by resolution of its board of directors, but not in any case less than the average price for which 1117 Railroad Commission. Form 3211 bonds issued under and secured by said indenture shall have been sold on the New York Exchange during the previous calendar month (if there sliall have been any such sales), and it is the intention of said Southern Pacific Railroad Company to take such bonds to reimburse itself for such expenditures, and that the price at which said bonds will be taken by said Southern Pacific Railroad Company to reimburse itself shall be fixed at 91.0388, the average price for which such bonds sold on the New York Exchange during the month of July, 1914, which was the last month the Stock Exchange was open, and that the bonds so taken will be sold to the Southern Pacific Company at the same price. Wherefore, your applicants respectfully ask that the Railroad Com- mission of the state of California make its order authorizing the Equi- table Trust Company of New York, as trustee under the said first re- funding mortgage, dated January 3, 1905, to certify and deliver to applicant Southern Pacific Railroad Company, at the price of 91.0388, first refunding mortgage gold bonds of said Southern Pacific Railroad Company aggi-egating the principal sum, par value, of two million seven hundred eighty-nine thousand one hundred fifty-three and 74/100 dollars ($2,789,153.74), being a part of the twenty-six million tliree hundred seventeen thousand five hundred dollars ($26,317,500), face value, of bonds authorized to be issued under section 5 of article II of said first refunding mortgage for the purpose of reimbursing said Southern Pacific Railroad Company for expenditures made by it dur- ing the fourteen months ending December 31, 1912, and set forth in this petition, upon delivery to the trustee of a certified copy of the resolution of the board of directors or executive committee of said Southern Pacific Railroad Company, and the certificate signed by the president or vice-president or the chief engineer and by the auditor, controller or treasurer of said Southern Pacific Railroad Company as required by the provisions of sections 6 and 7 of article II of said mortgage, and the execution and delivery of the further deed of assur- ance referred to in the opinion of counsel accompanying the said certificate; that said bonds may be sold to the Southern Pacific Com- panv or any other corporation or person at 91.0388; and also that your applicant Southern Pacific Railroad Company be authorized to execute the guaranty of said bonds as provided in article XI of said mortgage, and for such other and further order in the premises as may be proper. Guy V. Shoup, Attorney for Applicants. State of California, City and County of San Francisco, — ss. T. 0. Edwards, being first duly sworn, deposes and says: That he is an officer of each of the companies named in the foregoing application, namely, auditor of the Southern Pacific Company and auditor of the Southern Pacific Railroad Company; that he has read the foregoing application and knows the contents thereof, and that the same is true pf his own knowledge, except as to mattei-s which are therein stated Form 3211 Cowdery's Form Book. 1118 ca information or belief, and that as to those matters he believes it tc be true. T. 0. Edwards. Subscribed and sworn to before me this twenty-second day of Sep- tember, 1914. [Seal] E. B. Ryan, Notary Public in and for the City and County of San Francisco, State of California. Exhibit "A." [Copy of first refunding mortgage.] Exhibit "B." [Statement of expenditures.] The undersigned certify that the said expenditures were made for the purpose set forth in section 5 of article II of the said Mortgage, that the purpose for which said expenditures were made were purposes for which said bonds might be lawfully issued; that the price paid for the foregoing construction, or for such purposes or acquisition, or ex- pended for the foregoing betterments, improvements or additions, Avas not in excess of the fair value of such property or of such work; that none of such expenditures was included in any expenditures reported by this company in any annual report as having been charged to oper- ating expenses or to the cost of maintenance; that the additional property constructed or acquired as hereinbefore set forth was at the time of its construction or acquisition subject to no lien or charge, and has become subject to the lien of said first refunding mortgage as a first charge; and that no deed, conveyance or instrument of further assurance is necessary for the purpose of effectually subjecting to tlie lien and operation of said mortgage any of the property refen-ed to herein, except as to the property acquired from the San Francisco and Napa Railway Company, as appears by the certificate of Guy V. Shoup, counsel of said Southern Pacific Railroad Company. In witness whereof the said W. R. Scott and the said T. 0. Edwards have signed their names hereto as the vice-president and auditor, re- spectively of the said Southern Pacific Railroad Company, and have affixed hereto the corporate seal of said company this fifteenth day of Septembei-, 1914, Southern Pacific Railroad Company, By W. R. Scott, Vice-president. T. 0. Edwards, Auditor. I, Guy V. Shoup, counsel for said Southern Pacific Railroad Company, pursuant to the provisions of section 6 of article II of the said first lefunding mortgage, hereby certify that I am of the opinion that all new property constructed or acquired as set forth in the foregoing certificate of the vice-president and auditor of the Southern Pacific 1119 Railroad Commission. Form 3211 Railroad Company was and is subject to the lien and operation of said first refunding mortgage, and was, at the time of the construction or acquisition, subject to no lien or charge, and has become subject to the lien of said first refunding mortgage as a first charge, and that no deed, conveyance or instrument of further assurance is necessary for the purpose of effectually subjecting to the lien and operation of said mort- gage any of the property referred to in said certificate except as to tlie property acquired from the San Francisco and Napa Railway Com- pany; and I further certify that as to such property the deed or con- veyance to the Equitable Tmst Company, subjecting such property to the lien and operation of said trust indenture and submitted with this certificate for delivery to the trustee, is sufficient for such purpose. Dated September 22, 1914. Guy V. Shoup, Counsel for Southern Pacific Railroad Company. Whereas, the Southern Pacific Railroad Company and the Southern Pacific Company executed to the Equitable Trust Company of New York a trust indenture dated the third day of January, 1905, for the purpose of providing for and securing the issuance of a series of bonds for an aggregate principal sum not exceeding one hundred and sixty million dollars ($160,000,000) at any one time outstanding, to be desig- nated as "First Refunding Mortgage Gold Bonds"; And whereas, the said Southern Pacific Railroad Company has ac- quired by purchase from the San Francisco and Napa Railway Com- pany the railroads of the said San Francisco and Napa Railway Company extending from Wingo to Ramal, in the county of Sonoma, state of California, and from Buchli to Union, in the county of Napa, in said state, together with all branches, rights of way, equipments, properties, franchises and appurtenances of every kind and nature whatsoever thereunto belonging or in anywise appertaining, pursuant to a certain indenture and conveyance dated the twelfth day of August, 1911, from the said San Francisco and Napa Railway Company to said Southern Pacific Railroad Company, and recorded August 29, 1911, in volume 101 of Deeds, page 33, records of Napa county, California, and also recorded September 18, 1911, in book 280 of Deeds, page 128, Records of Sonoma county, California; And whereas, the said Eqiutable Trust Company of New York has, pursuant to the provisions of sections 5, 6 and 7 of article II of said above-mentioned tmst indenture, issued and delivered to the said Southern Pacific Railroad Company bonds to reimburse the said South- ern Pacific Railroad Company for tlie purchase price paid by it for the aforesaid properties of said San Francisco and Napa Railway Com- pany; And whereas, under the provisions of section 6 of article II of said trust indenture the said property thus acquired from said San Fran- cisco and Napa Railway Company has ipso facto become and remains subject to the lien and operation of said trust indenture; Form 3211 Cowdery's Form Book, 1120 And whereas, it is desired that this instrument be executed for the purpose of effectually subjecting such additional property to the lien and operation of said trust indenture; Now, therefore, in consideration of the premises, the said Southern Pacific Railroad Company does hereby grant, bargain, sell, convey, assign and transfer unto the said Equitable Trust Company of New York, and its successors and assigns forever, all and singular the rail- roads, assets-, rights, properties, privileges and franchises acquired by the said Southern Pacific Railroad Company from the said San Fran- cisco and Napa Railway Company, pursuant to the conveyance dated August 12, 1911, from the San Francisco and Napa Railway Company to the said Southern Pacific Railroad Company, and recorded, as above specified, for the purpose of effectually subjecting all of said property to the lien and operation of said trust indenture with the same effect as though the said property, acquired as aforesaid from said San Fran- cisco and Napa Railway Company, had been originally described in said trust indenture as a part of the property described therein as being subjected to the lien of said trust indenture. In witness whereof the said Southern Pacific Railroad Company has caused these presents to be executed by its officers thereunto duly authorized this day of , 1914. Southern Pacific Railroad Company, By . Exhibit "C." Southern Pacific Railroad Company. Balance Sheet June 30, 1914. (Preliminary) Assets. Cost of road and equipment $281,418,513 99 Other assets 42,127,090 75 Southern Pacific Company 59,947,253 33 Total $383,492,858 07 Liabilities. Capital Stock $160,000,000 00 Bonds 150,779,500 00 Other liabilities 39,593,373 31 Surplus 33,119,984 76 Total $383,492,858 07 Filed Railroad Commission, State of California. Sept. 22, 191i, Charles R. Detrick, Sec. No. 1340. Ex. "C." 1121 Railroad Commission. Form 3211 Exldbit "D." Southern Pacific Company. Condensed Balance Sheet April 30, 1914. Assets. Road and equipment $ 84.004,756 23 Improvements on leased transportation property 433.875 78 Miscellaneous physical property 14,769,883 06 Investments in affiliated companies: Stocks and bonds 388,412,049 28 Notes 31.820,351 12 Advances 91,803,588 05 Investments in nonaffiliated companies: Stocks 252,943 33 Bonds 8.106.154 35 Notes 3.376,319 04 Advances 3^092 46 Current assets: Cash and demand loans and deposits.. .$35,547,934 47 Special deposits 1,320,818 32 Loans and bills receivable 379,881 25 Traffic and car service balances receiv- able 543,749 30 Net balances receivable from agents and conductors 1,349,455 61 Miscellaneous accounts receivable 3,415,938 57 Material and supplies 12,993,350 97 Interest and dividends receivable 2,072,993 77 Other current assets 18,416 44 Total '. 57,642,538 70 Deferred assets: Working fund advances $24,125 93 Insurance and other funds 60,000 00 Other deferred assets 5,340,409 28 Total 5,424,535 21 Unadjusted debits: Rents and insurance premiums paid in advance $109,415 95 Taxes paid in advance 108.723 91 Discount on funded debt 1,970,644 41 Other unadjusted debits 3,313,023 13 Total ' 5.501,807 40 Total assets $692,541,894 01 Form Book — 71 Form 3211 Cov/dery's Fork Book. 1122 Liabilities. Capital stock $272,672,405 64 Four per cent gold bonds (C. P. stock collateral), due August 1, 1949 34,218,500 00 Four per cent twenty-year convertible gold bonds due June 1, 1929 81,150,000 00 Four per cent twenty-year convertible gold bonds, sub- scription receipts and scrip 1,910 00 Four and one-lialf per cent twenty-year gold bonds, due July 1, 1929 227,000 00 f^an Francisco terminal first mortgage gold bonds, due April 1, 1950 24,984,500 00 Equipment trust certificates, scries "A," due March 1, 1914 to March 1, 1923 9,110,000 00 Equipment trust certificates, series "B," due September 1, 1914 to September 1, 1923 2,010,000 00 One-year five per cent secured gold notes, due June 15, 1914 25,390,000 00 Five per cent twenty-year convertible gold bonds — Sub- scription receipts 45,664,150 22 Affiliated companies 73,391,727 44 Current liabilities: Loans and bills payable $ 28,306 71 Traffic and car service balances pay- able 744,418 87 Audited accounts and wages unpaid. . . . 6,243,341 05 Miscellaneous accounts payable 349,735 53 Interest matm-ed payable 322,886 00 Dividends payable 88,193 80 Dividends accnzed to April 30 (pay- able July 1, and October 1) 5,453,448 10 Interest accrued — Not due 3,715,711 u8 Rents accrued— Not due 80,721 80 Other current liabilities 9.895 95 Total ". $17,036,659 49 Deferred liabilities: Liability for provident funds 227.765 99 Other deferred liabilities 483,640 39 Total '. 711,406 38 Unadjusted credits: Insurance and casualty reserves 794.869 33 Accrued depreciation — Equipment 10.330,426 33 Accrued depreciation — Miscellaneous physical properties 176.360 62 Other unadjusted credits 11,472.206 77 Total '. " 22,773,872 05 Total corporate surrlus 83,199,762 79 Total liabilities $692,541,894 01 1123 Receipts. Fornxs 3220-3222 NOTE .—There has been charged against corporate surplus the divi- dends which have been declared and the dividends which have accrued to April 30, 1914, on the capital stock of the Southern Pacific Com- pany. The regular dividends, however, of the proprietary companies, other than the dividends on the preferred stock of the Central Pacific Railway Company, are not taken over into the corporate surplus ac- count until June, at which time the amount thereof will apply as a reduction of the liability of the Southern Pacific Company to affiliated companies. RECEIPTS. See Kelease and Satisfaction, S220. Receipt for salary. 3221. Eeceipt for rent. 3222. Receipt in full for less than sum due. 3223. Receipt in full of all demands. 3224. Receipt on account. 3225. Receipt for money paid for another, 3226. Eeceipt for a special purpose. 3227. Receipt when money is paid hy a third person. 3228. Receipt of interest to be indorsed on a hond. 3229. Roceipt in full for a special account. 3230. Receipt for papers in a case. 3231. Receipt for instrument for record. No. 3220. Receipt for Salary. San Francisco, February 1, 191' Received from J. D., the sum of one hundred (100) dollars, salary in full for the month of January, 1917, at $100 per month. A. B. No. 3221. Receipt for Rent. San Francisco, March 1, 1917. Received of R. D. C, one hundred (100) dollars, rent of Water Lots Nos 9 and 10, on Front Street, from March 1, 1917, to April 1, 1917. A. B. No. 3222. Receipt in Pull for Less Than Sum Due. ^IQQQ^ San Francisco, May 20, 1917. Received of J. B., of the city and county of San Francisco, the sum of one thousand dollars, in full and complete satisfaction of a debt due me from J. B., of the same place. Said sum of money now paid me by the said J. B., being less than the true sum due me from liim as aforesaid. This instrument is intended as a receipt of a less sum than the whole amount due, and in full discharge of the whole amount due. A. B. Forms 3223-3231 Cowdery's Form Book. 1124 No. 3223. Receipt in Full of All Demands, $100. San Francisco, May 20, 1917. Received of J. B. one thousand dollars, in full of all demands against him. A. B. No. 3224. Receipt on Account. $100. San Francisco, May 30, 1917. Received of J. B. $100, to apply on account. A. B. No. 3225. Receipt for Money Paid for Another. $100. San Francisco, May 10, 1917. Received of J. L. $100, in full of all demands against J. L. B. A. B. No. 3226. Receipt for a Special Purpose. Received May 31, 1917, from L. S., $100, to pay the account of 0. S. jie;ainst him. A. B. No. 3227. Receipt When Money is Paid by a Third Person. Oakland, May 3, 1917. Received of L. 0., through M. A., $100, in full of all demands against L. 0., up to this date. A. B. No. 3228. Receipt of Interest to be Indorsed on a Bond. Received May 3, 1917, of T. C, $100, being the semi-annual interest this dav due on the within bond. A. B. No. 3229. Receipt in Full for a Special Account. San Jose, May 20, 1917. Received from M. 0., $100, in full of all demands for rent to May 3, 1917. A. B. No. 3230. Receipt for Papers in a Case. San Francisco, May 15, 1917. Received of A. B., the following papers: [Description.] A. B. No. 3231. Receipt for Instrument for Record. Recorder's Office, Sacramento County, Cal. H. H. to G. C. P. Deed. Received the above-entitled instrument for record, from G. C. P., Febniary 3, 1917. Returnable only to the partv leaving the same or order. $7.50. A. B. RECONVEYANCE. Reconveyance of Trust Premises, No. 1460. 1125 Registration of Titles. Form 3240 REGISTRATION OF TITLES. 3240. Petition for registration of land under Torrens Act. 3241. Order for service and publication of notice of filing petition. 3242. Notice of filing of petition for registration of title under Torrens Act. 3243. Decree establishing title. 3244. Certificate of title — Los Angeles form. 3245. Certificate of title — Humboldt form. 3246. Application for Initial registration— Hawaii. 3247. Af&davit to ayplication — Hawaii. 3248. Application for initial registration — Washington. 3249. Notice of application for registration — Hawaii. 3249a. Notice of application for registration — Oregon. 3249b. Acknowledgment of husband or wife's assent to registration — Oregon. 3249c. Simimons on application for registration — Washington. 3249d. Summons on application for registration — South Dakota. 3249e. Certificate of title — South Dakota. No. 3240. Petition for Registraiion of Land Under Torrens Act. In the Superior Court of the State of California, in and for the County of Placer. In the ]\Iatter of the Application of Lillian M. Short for Initial Regis- tration of Title to Land. To the Honorable, the Superior Court of the State of California, in and for the County of Placer: Your petitioner hereby makes application to have registered the title to the land hereinafter described and in tliat behalf alleges: I. That the full name of the petitioner is Lillian M. Short; her occu- pation is housewife; residence upon the land liereinafter described; and postoffice address, Colfax, Placer county, California. II. That petitioner is married, the full name of her husband being "Will- iam B. Short, and his residence the same as that of petitioner; that the applicant is of the full age of over twenty-one years and is free from any disability. in. The description of the land sought to be registered is as follows: [Description.] TV. That the assessed value of said land, including permanent improve- ments thereon, as the same were valued for county taxation the last time the same were assessed for county taxes next preceding the filing of this petition, was $1,430. Form 3240 Cowdery "s Form Book. 112G V. That the estate or interest which your petitioner has or claims in said property is separate property and consists of an estate in fee sim- ple; that the same is not subject to a homestead, or to any easement, lien or encumbrance whatsoever, excepting the rights of tlie counly of Placer to use for a county road a strijj feet in width along a part of the easterly boundary of said land. VI. That the property adjoining said land on the east is owned by the county of Placer (a municipal corporation), and is known as the upper county road leading from Colfax to Landers, in which county road petitioner claims no interest and in which she does not desire to have any line of way determined; that the property adjoining said land on the north is owned by J. E. Tade, whose postofiice address is Colfax, California; that the property adjoining said land on the west is owned by E. M. McCollough, whose postoffice address is Colfax, California; and that the property adjoining said land on the south is owned by J. W. Mowrer, whose postoffice address is Colfax, California, and by D. VinkemuUer, whose postoffice address is Colfax, California. VII. That the petitioner and her predecessors in interest have been in the actual, exclusive and adverse possession of said land for more than five years continuously next preceding the filing of this petition, claiming to own the same in fee against the world, and that tliey have paid all taxes of every kind and nature legally levied or assessed against said land during the same period; that the character of such possession during all of said period has been as follows: All of said land has been inclosed by a substantial fence, has been cultivated and has had gTCwing thereon orchards and vineyards cover- ing practically the entire area thereof, the exceptions being small par- cels adjoining the exterior boundaries which have been devoted either to the accumulation of water, the maintenance of buildings and suit- able yards thereabout and other small portions adjoining the fences which it was not practical to cultivate; that said petitioner and her predecessors in interest, during all said time, have frequently and continually been upon said land, and exercised all the rights customary to be exercised by the owners of similar land in fee simple, and that petitioner has resided personally upon said land for more than one year last past, and that her predecessors during all the remainder of said period of five years have maintained a representative or repre- sentatives occupying said land, and not only cultivating the same as alleged, but marketing the produce grown thereon. VIII. That petitioner has herein stated all the facts within her knowledge connected vath said land sought to be registered and the title thereof, 1127 Eegistuation of Titles. Form 3241 ami that she clocs not know, nor has she ever heard, of any person who has or claims any interest therein by way of title, lien or other claim adverse to herself. IX. That annexed hereto and filed herev/ith is a plat or plan of survey of said land, made by a licensed surveyor, showing the boundaries of the land and its relation to adjoining lands and streets. Wherefore, your petitoner prays this court tliat it find and declare the title to said land to be in her in fee sir.iple, free and clear of any title, lien or otlicr claim in favor of any other person, and that it make its decree adjud-ing her said interest and directing the registrar of titles of the county of Placer to register said title in the name of said petitioner and issue to her a certificate of title therefor, as pro- vided by law; and for such other and further relief as to the court shall seem meet and agi'eeable to equity, Walter H. Robinson, Attorney for Petitioner. State of California, County of Placer, — ss. Lillian M. Short, being first duly sworn, deposes and says: That she is the petitioner named in the foregoing petition; that she has read said petition and knows the contents thereof, and that the same is true of her own knov.dedge, except as to matters which are therein stated on information and belief, and that as to those matters she believes it to be tme. Lillian M. Short. Subscribed and sworn to before me this twenty-second day of Sep- tember, 1917. [Seal] ^^^ G^aj, Notary Public in and for the County of Placer, State of California. I, William B. Short, husband of the petitioner in the foregoing peti- tion named, hereby assent to th.e registration of the land described in said petition and join in the prayer of said petitioner. Dated September 22, 1917. Wm. B. Short. [Plat annexed.] No. 3241. Order for Service and Publication of Notice of filins Petition. [Title of Court and Cause.] The verified petition of Lillian M. Short, praying for registration of title to the land therein described, having been duly filed, on motion of Walter H. Robinson, Esq., her attorney, for an order directing notice of said petition to be given as provided by law, it appearing by said petition that the title to the land therein described is substan- tially as alleged and that it is a proper case for this order,— Form 3242 Cowdery's Form Book. 1128 It is hereby ordered that the clerk of this court issue a notice, under the seal of this court, directed to all persons appearing by said petition to have any interest in said land or any part thereof, to all adjoining owners mentioned in said petition and to all whom it may concern, requiring them to appear and ansv\'er said petition, such notice to con- tain such matters as are required and to be in the fonn provided by section 12 of "An Act for the Certification of Land Title and the Simplification of the Transfer of Real Estate," approved March 17, 1897, and amended at the general election held November 3, 1914, known as the "Torrens Act." Further ordered that such notice be served upon all persons upon whom it is required to be served by the provisions of said act and in the manner therein set forth, and that it also be published in the "Placer Herald," a newspaper of general circulation, published weekly in the county of Placer, state of California, once a week for four successive weeks. Done in open court this eighth day of October, 1917. J. E. Prewett, Judge of said Superior Court. No. 3242. Notice of Filing of Petition for Registration of Title Under Torrens Act. [Title of Court and Cause.] The People of the State of California Send Greeting to: J. E. Tade, E. M. McCollough, J. W. Mowrer, D. Winkemuller, the county of Placer (a corporation), and to all other persons unknown claiming any estate, interest, nght, title or lien in, to or upon the real estate hereinafter described, or any part thereof, and to all whom it may concern : Take notice that a petition has been filed in this court by Lillian M. Short for the registration of the title to the real estate hereinafter described, as provided by "An Act for the Certification of Land Titles and the Simplification of the Transfer of Real Estate," approved I\Iarch 17, 1897, as the same was amended at the general election held Novem- ber 3, 1914, commonly known as the "Torrens Act," and praying for a decree declaring said applicant to be the owner in fee of such land according to the prayer. You and each of you are hereby directed to appear and ansvrer said petition within ten days after personal service of this notice upon you if served within this county, or within thirty days if served elsewhere in the state of California, or within sixty days after the first publica- tion of this notice if it has not been personally served upon you in this state. If you fail to so appear and answer, the court will grant said petition and direct registration of the title to said land in accordance with the terms of said act and you will be forever barred from disputing the same. 1129 "Registkation of Titles. Form 3243 The real estate described in said petition and title to which is, by this proceeding, sought to be registered is situate in the county of Placer, state of California, particularly described as follows, to wit: Witness the Honorable J. E. Prewett, Judge. Given under my hand and the seal of the superior court of the state of California, in and for the county of Placer, this eighth day of October, 1917. [Seal] Marshall Z. Lowell, Clerk. Walter H. Robinson, Attorney for Petitioner, Hobart BIdg., San Francisco, Cal. First Publication of the above notice was made on October 20, 1917. Last Publication, November 17, 1917. No. 3243. Decree Establishing Title. [Title of Court and Cause.] This cause came on regularly for trial on the eighth day of ^fay, 1916, Alfred Gi-undy, Esq., appearing as counsel for petitioner, and no appearance being made by or for any of the defendants or bj'^ any person in opposition to the petition, each and all of them making de- fault; trial by jury having been waived, the cause was tried to the court; evidence was offered on the part of the petitioner, and none was offered on the part of any defendant or in opposition to the petition, and the evidence being closed, the cause was submitted to the court for consideration and decision; and after due deliberation thereon, the court delivers its findings and decision in writing, which is filed, and orders judgment and decree to be entered in accordance therewith. Wherefore, by reason of law and the findings aforesaid, it is adjudged and decreed: I. That James Porter, maiTied to Katie E. Porter, both residing in Minneapolis, Minnesota, is the owner in fee, as his separate property, of the following described premises: [Description.] And the title to the said lots is hereby established, confirmed and forever quieted in the said James Porter, subject alone to the above- mentioned exception and to anj'^ unpaid taxes, subsequent to the first half of the taxes for the year 1915-16. n. That James Porter, married to Katie E. Porter, both residing in Minneapolis, Minnesota, is the ov^-ner in fee, as his separate property, of the following described premises: [Description.] And the title to the said lands is hereby established, confirmed and forever quieted in the said James Porter, subject alone to the above- mentioned exception and to any unpaid taxes, subsequent to the first half of the taxes for the year 1D15-1G, Form 3244 Cowdery's Form Book. 1130 III. That the title to all of the said lots and lands be and the same is hereby ordered registered as herein set out, and that certificates i:sue therefor to James Porter. Judgment rendered May 8, 1916. J. W. Mahon, Judge of Superior Court- No. 3244. Certificate of Title— Los Angeles Torm. Caution. Examine original certificate in the office of the Registrar of Land Titles, because certain liens, judgments, or other charges, may be entered thereon since the issuance of this duplicate certificate. No. . Issued pursuant to the provisions and requirements of the law enacted by the people of the state of California on the third day of November, 1914, under the reserved legislative power, known as the initiative, en- titled "An act to amend an act entitled 'An act for the certification of land titles and the simplification of the transfer of real estate,' approved Iklarch 17, 1897," and brought under first registration by Certificate No. on the day of , 19 — , in obedience to the mandates of the decree of the superior court of the state of California, in and for the county of Los Angeles. (Original in the Ofiice of the Registrar of Land Titles.) Owner's Duplicate. State of California, County of Los Angeles, — ss. This is to certify, that , is the owner of an estate in fee simple of and in the following described land situated in the county of Los Angeles, state of California, to wit: . Subject, however, to the estates, interests, encumbrances, easements, liens and charges noted by the memorials hereunder or indorsed hereon; and subject also to whatever right of appeal from the decree direct- ing the first registration of title, if exercised witliin the time provided by law for appeal from judgment in a civil action, which time is now defined to be within six months after the entry of the judgment; and subject also to the exceptions, qualifications, provisions, encumbrances, rights, conditions and benefits, set forth in sections 34, 35, 36, 37, 38, Sg' and 45 of the above-mentioned law, enacted by the people as afore- said which sections read as follows : "Sec. 34. The registered owner of any estate or interest in land brought under this act shall, except in case of fraud to which he is a party, or of the person through whom he claims without valuable con- sideration paid in aood faith, hold the same subject only to such estates, mortgages, liens, cliarges, and interests as may be noted in the 1131 Registration of Titles. Form 3244 last certificate of title in the registrar's office, and free from all others, except : "1. Any subsisting lease or agreement for a lease for a period not exceeding one j'ear, where there is actual occupation of the land under lease. The tenn "lease" shall include a verbal letting. "2. All land embraced in the description contained in the certificate which has theretofore been legally dedicated as or declared by a com- petent court to be a public highway. "3. Any subsisting right of way or other easement, created within one 5'ear before issue of the certificate upon, over, or in respect of the land. "4. Any tax or special assessment for which a sale of the hind has not been had at the date of the certificate of title. "5. Such right of action or claim as is allowed by this act. "6. Liens, claims, or riglits arising i;nder the laws of the United States, which the statutes of California cannot require to appear of record upon the register. "Sec. 35. After land has been registered, no title thereto adverse or in derogation to the title of the registered owner shall be acquired by any length of possession. "Sec. 36. Except in case of fraud, and except as herein otherwise provided, no person taking a transfer of registered land, or any estate or interest therein, or of any charge upon the same, from the registered ov.nier, shall be held to inquire into the circumstances under which, or the consideration for which, such owner or any previous registered owner was registered, or be affected with notice, actual or constructive, of any unregistered trust, lien, claim, demand, or interest; and the knowledge that any unregistered trust, lien, claim, demand, or interest is in ex- istence shall not of itself be imputed as fraud. "Sec. 37. In case of fraud, any person defrauded shall have all rights and remedies that he would have had if the land were not under the provisions of this act; provided, that nothing contained in this sec- tion shall affect the title of a registered owner who has taken bona fide for a valuable consideration, or of any person bona fide claiming through or under him. "Sec. 38. If a deed or other instrument is registered, which is forged, or executed by a person under legal disability, such registration shall be void ; provided, that the title of a registered owner, who has taken bona fide for a valuable consideration, shall not be affected by reason of his claiming title through some one, the registration of whose right or in- terest vvas void, as provided in this section. "Sec. 39. No unregistered estate, interest, power, right, claim, con- tract, or trust shall prevail against the title of a registered owner takin<^ bona fide for a valuable consideration, or of any person bona fide claim- ing through or under him. "Sec. 45. No person sliall commence any action at law or in equity for the recovery of land, or assert any interest or right in, or lien or demand upon the same, or make entry thereon adversely to the title or Form 3244 Cowdery's Form Book. 1132 interest certified in the first certificate bringing the land under the operation of this act after one year following the first registration. It shall not be an exception to this rule that the person entitled to bring the action or make the entry is deceased, an infant, lunatic, or is under any disability, but action may be brought by such person by his next friend or guardian or by the administrator or the executor of a deceased person. It shall be the duty of the gaiardian, if there is any, to bring action in the name of his ward whenever it is necessary to preserve or enforce the ward's rights in registered land; provided, however, before such action shall proceed, it must be made to appear to the court that the person bringing such action or those under whom he claims, had no actual notice of the proceedings to register such lands in time to appear and file his objections or assert his claim. The provisions of this sec- tion shall in no way affect or disturb the rights of any person in said land, acquired subsequent to the registration thereof, bona fide and without knowledge and for a valuable consideration." In witness whereof, I have hereunto set my hand and caused my ofiicial seal to be affixed this day of , 19 — . Registrar of Titles, Los Angeles County, California. Memorials of Estates, Easements or Charges on the Land Described in the Certificate of Title Hereto Attached. Document Number Date of Document Date of Registration Nature of, ^ Amount and „ „, Resi- 'Jerms of ''^^ dence Document Signature Month Day Year Hour of Registrar A. M. P. M. [On reverse side:] Volume . Page — Registrar's Certificate of Title. No. . Los Angeles County, California. Owner. Important Notice. All documents in any way affecting the title to the premises described in the within certificate must be filed in the office of the Registrar of Land Titles, and not in the office of Recorder of Deeds. Any instrument offered for filing with the registrar of any county, seeking to affect registered land, must have noted thereon a statement of the'' fact that the land sought to be affected is registered land, with the name of the registered owner and with the number or numbers of the certificate or certificates of the last registration thereof. Otherwise none of such instruments shall be filed, nor shall the same affect the title of the, or any part of the land sought to be affected, nor will 1133 Registration of Titles. Form '62-i.o the same impart any notice thereof to the registered owner or to any person dealing with such land. Every voluntary instrument must contain or have indorsed upon it the full name, residence and postollice address of all persons who ac- quire or claim an interest under such instrument. No. 3245. Certificate of Title— Humboldt Form. Owner's Duplicate. No. 10,000. State of California, County of Humboldt, — ss. Date of first rej^stration. January 32, 1900. This is to certify, that Uncle Sam, now residing at Bug Creek, county of Humboldt, in the state of California, and by occupation kaiser hunter, is the owner of an estate in fee simple in that certain piece or parcel of land situate in the county of Humboldt, state of California, par- ticularly described as follows, to wit: Lot 1 in block 5,000 in the city of Wrangletown. Subject, however, to the estates, easements, liens, charges and encum- brances hereunder noted: Said "owner" is of the age of 21 years; is not married, and is under no disability : In witness whereof, I have hereunto set my hand and caused my official seal to be affixed this fortieth day of January, 1900. rgeal] T. W. Richmond, Registrar of Titles in and for the County of Humboldt, State of Cali- fornia. Memorial of Estates, Assessments, Liens, Charges and Encumbrances on the Land Described in the Above and Within Certificate of Title, Other Than Taxes, for Nonpayment of Which Said Property Has not Yet Been Sold. Bocument No. Kind of Instrument Date of Registration Amount In Favor of Resi- dence Signature of Month Day Year Hour & Min. Registrar 1000 Lease Jan. 1 1900 6 A $10 per annum Aunt Sue Alaska T. W. rviclimond 1001 Mortgage Jan. 2 1901 7 A. $500.00 Dandj Bill Klamath T. W. Richmond No. [On reverse side:] -. Vol. . Paece Certificate of Title Under Torrens Land Act. -, Owner. Humboldt County, State of California. Forms 3246-3248 Cowdery 's Form Book, 1134 No. 3246. Application for Initial Registration — Hawaii. Territory of Hawaii. To the Honorable the Judge of the Court of Land Registration. I, the undersigned, hereby apply to have the land hereinafter de- scribed brought under the operation and provisions of chapter 154 of the Revised Laws, and to have my title therein registered and con- firmed as an absolute title. And I declare tliat I am the owner in fee simple of a certain parcel of land, with the buildings, situate in ; that said land, at the last assess- ment for taxes, was assessed at dollars ($ ), and the build- ings at dollars ($ ) ; that I do not know of any mortgage or encumbrance affecting said land, or that any other person has any estate or interest therein, legal or equitable, in possession, remainder, reversion or expectancy; that I obtained title ; that said land is not occupied; that the names in full, and addresses, so far as known to me, of the occupants of all lands adjoining said land are as follows: ; that the names and addi-esses, so far as known to me, of the owners of all lands adjoining the above land are as follows: ; that I am married; that my full name, residence and postoffice address are as follows : . Dated at , this day of , 19 — . [Schedule of documents should here be given.] No. 3247. Affidavit to Application— Hawaii [Signature.] ,19- Territory of Hawaii, County of , ss. Then personally appeared before me the above-named , known to me to be the signer of the foregoing application, and made oath that the statements made therein, so far as made of his own knowledge, are true, and, so far as made upon information and belief, that he believes them to be time. , Notary Public. No. 3248. Application for Initial Registration — Waslungton. State of , County of , ss. In the Matter of the Application of to Register the Title to the Land Hereinafter Described. In the Court of the State of , in and for County. Petition. To the Honorable , Judge of said Court. I hereby make application to have registered the title to the land hereinafter described, and do solemnly swear that the answers to the questions herewith, and the statements herein contained, are true, to the best of my knowledge, information, and belief. 1135 Registration of Titles. Form 3249 1. Name of applicant, ; age, years. Residence, . Married to 2. Application made by , acting as agent. Residence, — — . 3. Dcacription of real estate is as follows: , and the applicant's estate or interest therein is , and the same is subject to homestead exemption. 4. The land is occupied by , whose postoffice address is . The estate, interest, or claim of occupant is . 5. Liens and encumbrances on the land, . Name of holder or owner thereof is . Whose postoffice address is — — . Amount of claim, $ . Recorded, book , page , of the records of said county. 6. Other persons, firms or corporations having or claiming any estate, interest, or claim, in law or equity, in possession, remainder, reversion or expectancy in said land, are , whose postoffice addresses are , respectively. Character of estate, interest or claim is . 7. Other facts connected with said land and appropriate to be con- sidered in this registration proceeding are . 8. Therefore the applicant prays this honorable court to find or declare the title or interest of the applicant in said land and decree the same, and order the registrar of titles to register the same; and to grant such otlier and further relief as may be proper in the premises. [Signature.] By , Agent. Subscribed and sworn to [etc.]. [Official signature.] No. 3249. Notice of Application for Registration— Hawaii. Registration of Title. Honolulu, Territory of Hawaii, — ss. Court of Land Registration. To , and to All Whom It may Concern. Whereas an application has been presented to said court by , to register and confirm his title in the following described land: . You are hereby cited to appear at the court of land registration to be held at , in said island of , on the day of , 19—, at o'clock in the forenoon, to show cause, if any you have, why the prayer of the said application should not be gi-anted. And unless you appear at said court, at the time and place aforesaid, your default will be recorded, and the said application will be taken as confessed, and you will be forever barred from contesting said application or any decree entered thereon. Witness , Esquire, judge of said court, this day of , in the yaar nineteen hundred and (19 — ). Attest. ' Registrar. Forms 3249a-3249c Cowdery's Form Book. 1136 No. 3249a. Notice of Application for Registration— Oregon. Registration of Laud Title. In the Matter of the Application of to Register the Title to , and to All Whom It may Concern. Take notice that on the day of , 19—, an application was filed by said , in the court of county, for initial registra- tion of the title of the land above described. Now, unless you appear on or before the day of , 19 — , and show cause why such application shall not be gianted, the same will be taken as- confessed, and a decree will be entered according to the prayer of the application, and you will be forever barred from disputing the same. , Clerk of the Court. No. 3249b. Acknowledgment of Husband or Wife's Assent to Regis- tration — Oregon. State of , County of , ss. Ij , a in and for said county, in the state aforesaid, do hereby certify that , personally known to me to be the same person wliose name is subscribed to the foregoing assent, appeared before me this day in person and acknowledged the said assent as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and seal this day of , 19 — . [Official signature.] No. 3249c. Summons on Application for Registration — Washington. State of , County of , ss. [Title of Court and Cause.] The State of to the Above-named Defendants, Greeting. You are hereby summoned and required to answer the application of the applicant, plaintiff in the above-entitled application, for registra- tion of the following land situate in county, , to wit: , and to file your answer to the said application in the office of the clerk of said court, in said county, within twenty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said application within the time aforesaid, the applicant, plaintiff in this action, will apply to the court for the relief demanded in the application herein. Witness , clerk of said court, and the seal thereof, at , in said county and state, this day of , 19 — . [Seal] » Clerk. 1]37 Registkation OP Titles. Forms 324:9d, 3249e No. 3249d. Smmnons on Application for Registration — South Dakota. State of South Dakota, County of , ss. Circuit Court, Judicial Circuit. In the Matter of the Apxjlication of [Name of Applicant] to Register the Title to the Following Described Real Estate Situated in County, South Dakota, namely: [Description of Land], Applicant, V. [Name of Defendants], and "All Other Persons or Parties Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Estate Described in the Application herein," Defendants. The State of South Dakota to the Above-named Defendants: You are hereby summoned and required to answer the application of the ai^plicant in the above-entitled proceeding and to file your answer to the said application in the office of the clerk of said court, in said county, within thirty days after service of this sununons upon you exclusive of the day of such service, and, if you fail to answer the said application within the time aforesaid, the applicant in this pro- ceeding will apply to the court for the relief demanded therein. Witness, , clerk of said court, and the seal thereof, at , in said county, this day of , 19 — . [Seal] ■ , Clerk. No. 3249e. Certificate of Title— South Dakota. No. . First Certificate of Title, Pursuant to the Order of the Circuit Court, Judicial Circuit, County of , and State of South Dakota, Dated , 19—. Registration. State of South Dakota, County of , — ss. This is to certify that , of the of , county of and state of , is now the owner of an estate, to wit, of and in the following described land situated in the county of and state of South Dakota, to wit: . Subject to the encumbrances, liens and interest noted by the memorial underwritten or indorsed hereon; and subject to the following rights or encumbrances subsisting, as provided in the twenty-second section of "An act providing the registration of land and the title thereto" of the Session Laws of the state of South Dakota for the year 1917, namely: 1. Liens, claims or rights arising under the laws or the constitution of the United States, which the statutes of this state cannot require to appear of record. Form Book — 72 Form 3250 Cowdery's Form Book. 1138 2. Any tax or special assessment for which a sale of the land has not been had at the date of the certificate of title. 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease. 4. All public highways embraced in the description of the lands in- cluded in the certificates shall be deemed to be excluded. 5. Such right of appeal or right to appear and contest the application as is allowed by law. That the said is of the age of years, is married , and is under disability. In witness whereof, I have hereunto subscribed my name and affixed the seal of my office, this day of , 19—. > Registrar of Titles in and for the County of and State of South Dakota. RELEASE AND SATISFACTION. 3250. Release of all demands. 3251. Release of all demands — Another form. 3252. Mutual release. 3253. Release to a guardian. 3254. Release of legacy. 3255. Release by a legatee upon his coming of age. 3256. Release of lien on land by a judgment creditor. 3257. Partial release of mortgage. 3258. Satisfaction of judgment. 3259. Satisfaction of mortgage. 3260. Satisfaction of mortgage after foreclosure. 3261. Satisfaction of mortgage (statutory) — South Dakota. 3262. certificate of discharge of mortgage or deed of trust release (statu- tory) — Wyoming. 3263. Release of claim for personal injuries. 3264. Release of trust. 3265. Answer alleging release of claim. 3266. Answer setting up satisfaction by codefendant. CROSS-REFERENCES. Release Made in Pursuance of Award, No. 419. Release of Real Property from Attachment, No. GOO. No. 3250. Release of All Demands. Know all men by these presents: That I, A. H., of the county of Los Angeles, state of California, for and in consideration of the sum of one hundred dollars, gold coin of the United States of America, to me in hand paid by J. L., of the county of Tulare, state aforesaid, have released and forever discharged, and by these presents do, for myself, my heirs, executors and administrators, release and forever discharge the said J. L., his heirs, executors, and administrators, of and from all, and all manner of actions and cause of actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants. 1139 Release and Satisfaction. Forms 3251-:]253 controversies, agreements, promises, variances, trespasses, damages, judg- ments, extents, executions, claims and demands whatsoever, in law or in equity, which against the said J. L. I ever had, or now have, or which I, or my heirs, executors, or administrators hereafter, can, shall, or may have, for, upon, or by reason of any matter, cause, or thing what- soever, from the beginning of the world to the date of these presents. Dated . [Signature.] No. 3251. Release of All Demands — Another Form. Klnow all men by these presents : That I, J. B., of Oakland, Alameda county, California, for and in consideration of the sum of one thousand dollars, to me in hand paid by D. C, of said city, have remised, released and forever discharged the said D. C. from all claims of every kind, nature and character whatsoever against him from the beginning of the world to this day. Dated . [Signature.] No. 3252. Mutual Release. This indenture, made this first day of May, 1917, between A. L., of, etc., of the one part, and P. C, of, etc., of the other, witnesseth, that on the date hereof the said P. C. and A. L., have each paid to the other the sum of ten dollars, and each of them has canceled and delivered up to the other certain covenants, bonds, notes of hand, and written con- tracts, upon which each of the parties claimed and pretended to have divers claims and demands on the other; the said claims and contracts so canceled and delivered up being supposed and intended to be all the claims and evidence of claim by each of the parties hereto on the other. And, in consideration thereof, each of them., the said P. C. and A. L., docs hereby for himself and his legal representatives release and abso- lutely and forever discharge the other of and from all claims and de- mands, actions and causes of action, of eveiy name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract or supposed liability or thing undertaken, done, or admitted to be done, from the beginning of the world to this day. In witness [etc.]. [Signature.] No. 3253. Release to a Guardian. Know all men by these presents, etc., that A. P., etc., son and lieir of L. P., deceased, now over twenty-one years old, hath remised, re- leased, and forever quitclaimed, and by these presents doth remise, etc., unto A. B., of S. F., his guardian, all and all manner of action, actions, suits, reckonings, accounts, debts, dues and demands whatsoever, which he, the said A. P., ever had, now hath, or whieli he, his executors or administrators, at any time hereafter can or may have, claim, or demand, against the said A. B., his executors or administrators, for, touching. Forms 3254, 3255 Cowdery's Form Book. 1140 and concerning the management and disposition of any of the lands, tenements and hereditaments of the said A. P., situate, etc., or any part thereof, or for or by reason of any moneys, rents, or profits, by him received out of the same, or any payments made thereout, during the minority of the said A. P., or by reason of any matter, cause, or thing whatsoever, relating thereto, from the beginning of the world to the day of the date hereof. Dated . [Signature.] No. 3254. Release of Legacy. Know all men by these presents: That whereas, W. B., of S. F., in the county of S. F., and state of C, by his last will and testament, in writing, bearing date the first day of April, 1917, did, among other legacies therein contained, give and bequeath unto me the sum or legacy of ten dollars, and of his said will and testament did make and consti- tute 0. T. the sole executor. Now, therefore, I hereby acknowledge the receipt from the said executor, as aforesaid, of the said sum or legacy of ten dollars, so given and bequeathed to me aforesaid, and to acquit, release, and discharge the said 0. T. of and from all legacies, dues and demands whatsoever, under, or by virtue of the said last will and testa- ment, or against or out of the estate of the said W. B. Dated . [Signature.] No. 3255. Release by a Legatee upon His Coining of Age. Know all men by these presents: That whereas, A. S., of S., made his last will and testament in writing, bearing date third day of June, 1917, and, among other legacies therein contained, did give and bequeath unto me, T. S., of S., his son, the annual sum of $1,000, to be paid to me quarterly, until I should attain the age of one and twenty years ; and of his will constituted 0. S. and P. C. joint executors, as in and by the said will may appear; and whereas, the said 0. S. and P. C. did jointly accept of the said executorship, and trust, and I, the said T. S., have attained my said age of twenty-one years; and whereas, the said 0. S. and P. C. have made up an account with me, the said T. S., of all moneys received and paid by the said S. and C, and all transactions in pursuance of the said executorship and trust, and have not only paid me the balance of such accounts, but also delivered unto me all the writing and papers belonging to the estate of the said de- ceased : Now, know ye, that I, the said T. S., being fully satisfied in the premises, have remised, released, and forever qiiitclaimed, and by these presents do remise, release, and forever quitclaim unto the said 0. S. and P. C, and each of them, their and each of their executors and admin- istrators, all reckonings and accounts, sum and sums of money by them had and received in pursuance of the said trust, or by means of their 1141 Eelease and Satisfaction. Forms 3256, 3257 being executors to the said A. S., as aforesaid; and also of and from all other reckonings, accounts, and demands whatsoever, from the begin- ning of the world to the day of the date of these presents. [Signature.] No. 3256. Release of Lien on Land by a Judgment Creditor. [Title of Court and Cause.] Whereas judgment was rendered the third day of May, 1917, in the superior court of the county of Alameda, against said J. B., and in ^avor of said J. S., for the sum of one thousand dollars damages, and ten dollars, costs of suit. In consideration of one thousand dollars, to me in hand paid, the receipt whereof is acknowledged, I do hereby remise, release, and dis- charge the following described land and premises, to wit [description of the premises], from all claim to or interest in the same, or any part thereof, which I may have under and by virtue of the above-mentioned judgment, and from all lien or encumbrance that has attached to the same by reason of the recovery of the said judgment, as free and clear, in all respects, as though said judgment had not been rendered. J. S. Dated . No. 3257. Partial Release of Mortgage. This indenture, made the nineteenth day of December, 1917, between T. H., of the city of New York, of the first part, and W. L. L., of the city of San Francisco, of the second part: Whereas, said party of the second part, bj' indenture of mortgage, bearing date the fifteenth day of September, 1916, and recorded in tlie office of the county recorder of the city and county of San Francisco, in liber No. 52, of Mortgages, at page 129, September IS, 1916, did, for the consideration and for the purpose therein mentioned, mortgaai:e the premises therein described. And whereas, the said party of the second part has on the day of the date of these presents, paid to the said party of the first part the sum of eighteen hundred dollars, gold coin, of the United States, part of the money secured by the mortgage aforesaid, as therein specified. Now, therefore, this indenture witnesseth: That the said T. H., party of the first part, in consideration of the premises and the said sum of eighteen hundred dollars, duly paid to the said party of the first part by the said party of the second part, at the time of the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does by these presents grant, release, quitclaim, and set over unto tlie said party of the second part, his heirs and assigns, all that part of the said mortgaged lands, bounded and described as follows, to wit: [Description.] Together with all and singular, the tenements, hereditaments and ap- purtenances thereto belonging or in any wise appertaining; and all the Forms 3258, 3259 Cowdery 's Form Book. 1142 lien, right, title and interest of the said party of the first part, of, in and to the same, to the intent that the lands hereby conveyed and released shall forever be discharged from the said mortgage, and that the rest of the lands in the said mortgage specified may remain to the said party of the first part, as heretofore. To have and to hold the lands and premises hereby conveyed and released, to the said party of the second part, his heirs and assigns forever. [Signature.] No. 3258. Satisfaction of Judgment. [Title of Court and Cause.] For and in consideration of the sum of eight hundred dollars, gold coin, of the United States, to me paid by R. R., the defendant in the above-entitled action, full satisfaction is hereby acknowledged of a certain judgment rendered and entered in said superior court in the said action, on the tenth day of September, 1916, in favor of J. D., the plain- tiff in the said action, and against the said defendant, for the sum of seven hundred and fifty dollars, gold coin of the United States, with interest thereon from the tenth day of September, 1915, at the rate of seven per cent per annum until paid, together with said plaintiff's costs and disbursements, amounting to the sum of forty-five dollars, and re- corded in book D of Judgments, at page 432. And I hereby authorize and direct the clerk of said court to enter satisfaction of record of said judgment in the said action. Dated . [Signature.] NOTE. — Instead of making and filing with the clerk an acknowledgment of satisfaction, in "the manner of an acknowledgment of a conveyance of real property," the judgment creditor, or his attorney, may enter satisfaction by indorsement on the I'ace or on the margin of the record of the judgment. The attorney has no such power, however, unless the judgment has been paid. Nor has he such power if a revocation of his authority has been filed. There may be a compulsory entry of satisfaction where a judgment has been satis- fied in fact: See Cal. Code Civ. Proc, sees. 283, 675. It may be done by the debtor or his attorney for indorsement on the margin of the record: California, Code Civ. Proc, see. 675; or by acknowl- edgment in the manner of a conveyance: Code Civ. Proc, sec. 675. An attorney may do the same for his client: Code Civ. Proc, sec. 286, upon payment and not otherwise. No. 3259. Satisfaction of Mortgage. Know all men by these presents : That, I, J. M. C, of Columbia, Tuol- umne county, state of California, do hereby certify and declare that a certain mortgage bearing date the fourth day of March, 1916, made and executed by J. S., of said county, the party of the first part therein, to J. H. McK. of said county, the party of the second part therein, and assigned to me on the third day of April, 1917, by the said J. H. McK., and recorded in the office of the county recorder of the said county of 1143 Release and Satisfaction. Forms 3260-:j2u3 Tuolumne, in book 5 of Mortgages, on pages 24 and 25, on the sixth day of March, 1916, together with the debt thereby secured, is fully paid, satisfied and discharged. Dated . J. M. C. No. 3260. Satisfaction of Mortgage After Foreclosure. Full satisfaction and discharge of the within mortgage is hereby en- tered this day of , 19 — . Decree of foreclosure eniored the ^ay of , 19 — , in cause number , entitled v. . Sale under such decree had the day of , 19 — . , Sheriff. NOTE. — It is the duty of the sheriff, or commissioner, who has mado a sale of mortgaged realty in foreclosure proceedings, and within five days after the purchaser becomes entitled to a deed, to enter upon the margin of the county records where the mortgage is recorded, if the same bo recorded, a satisfaction thereof: See Cal. Code Civ. Proc, sec. 675a. No. 3261. Satisfaction of Mortgage (Statutory)— South Dakota. J of , state of , hereby certifies that a certain mortgage, bearing date the day of , 19—, executed by to , of , upon the following real property situated in the county of , in the state of South Dakota, to wit, the , and recorded in the office of the register of deeds of said county in Book of Yicxt- gages, page , on the day of , 19—, at o'clock and -— - minutes M., is with the indebtedness thereby secured, fully paid, satisfied and discharged. Dated this day of , 19—. [Signature.] [Acknowledgment.] NOTE.— South Dakota, Laws 1911, c. 257, sec. 5. No. 3262. Certificate of Discharge of Mortgage or Deed of Trust Re- lease (Statutory)— Wyoming. This certifies that a [mortgage or deed of trust, as the case may be] from to , dated , A. D. , and recorded in book of , on page , has been fully satisfied by the payment of the debt secured thereby, and is hereby canceled and discharged. Signed in the presence of , county clerk of county. Filed and recorded , A. D. , at M. , County Clerk. No. 3263. Release of Claim for Personal Injuries. ^ [Place and date.] Received of the electric railway company, a corporation, tlie sum Qf dollars ($ ), in full payment and satisfaction of all claims Forms 3264-3266 Covv'dery 's Form Book. 1144 and demands of every kind and nature which I now have, or ever have had, against the said electric railway company; and especially of all claims and demands against said company occasioned by, or in any manner arising ont of, an accident which occurred on the line of said company's road, on or about the ' day of , 19 — , at or near , and through which accident the undersigned was personally injured. Witness my hand this day of , 19 — . [Signature.] Executed in presence of . No. 3264. Release of Trust. Whereas, by indenture bearing date , 19 — , made betweeti [etc.] in which said indenture the said doth hereby declare that his name was only used in trust, for the benefit and behoof of : Now know ye that I, the said , in discharge of the trust reposed in me, at the request of the said , have remised, released, and sur- rendered, assigned, and set over, and by these presents, for me, my executors and administrators, do freely and absolutely remise [etc.] unto the said , his executors [etc.], all the estate, right, title, interest, use, benefit, privilege, and demand whatsoever, which I, the said , have, or may have, or claim of or to the said premises, or of and in any sum of money or other matter or thing whatsoever in the said indenture contained, mentioned, and expressed; so that neither I, the said , my executors or administrators, nor any of us, at any time hereafter, shall or will ask, claim, challenge, or demand, any interest [etc.], or other thing, in any manner whatsoever, by reason or means of the said indenture or any covenant therein contained, but thereof and therefrom, and from all actions, suits, and demands which I, my executors, adminis- trators, or assigns, may have concerning the same, shall be utterly excluded and forever debarred by these presents. In witness whereof [etc.]. [Signature.] Signed and delivered in presence of . No. 3265. Answer Alleging Release of Claim. [Title of Court and Cause.] The defendant answers to the complaint: That on the day of , 19—, at , the plaintiff, by deed, released the defendant from the claim set up in the complaint. [Signature.] No. 3266. Answer Setting Up Satisfaction by Oodefendant. [Title of Court and Cause.] The defendant, answering to the complaint of the plaintiff herein, says : That, after committing the supposed grievances alleged in said com- plaint, and after the commencement of this action, to wit, on the twelfth 1145 Replevin. Form 3280 day of April, 1876, the defendant, the Mechanics' Institute, delivered to the plaintiff, and the plaintiff accepted and received from the defend- ant, the Mechanics' Institute, the sum of five hundred dollars, gold coin of the United States, in full satisfaction and discharge of the damages and cause of action alleged in said complaint. , Defendant's Attorney. [Verification.] NOTE.— Precedent in Urton v. Price, 57 Cal. 271. REPLEVIN. 3280. Complaint against carrier to replevin goods. 3281. Complaint for replevin of goods in the hands of officer levying exe- cution. CROSS-KEFERENCES. See Claim and Delivery. Replevin— Order for Delivery of Property- Washington, No. 907. No. 3280. Complaint Against Carrier to Replevin Goods. [Title of Court and Cause.] The United States of America, plaintiff, complains of the Union Pacific Railroad Company, a corporation organized and acting under the laws of the United States of America, defendant, for that the said plaintiffs are the owners of the following described goods and chattels, to wit: 3 cases, 6 bales of drygoods, 4 cases of shirts, 3 cases, 3 packages of hardware, 1 case of hats, 669 awls in cases, 1 case of tin cups, 4 eases of hatchets, 505 handkerchiefs, 1 case coats, 1 case ax handles, 9 boxes camp kettles, 9 bales, 2 cases blankets, 2 cases clothing, 2 cases hats, 3 packages drugs, and is entitled to the immediate possession of the same, and that the said defendant wrongfully and unjustly retains in his pos- session the said goods and chattels and from the said plaintiff. And said plaintiffs further aver that defendant did so wrongfully detain the possession of said goods and chattels for the space of sixty days next before the commencement of this suit, and wholly deprive the said plain- tiff of all use and benefit thereof during all said time, to the damage of said plaintiffs in the sum of five hundred dollars. Wherefore plain- tiffs pray an order against the said defendant, that he may be ordered to deliver to said plaintiff the said goods and chattels, and also a judg- ment against the said defendant for the said sum of five hundred dollars, their damages sustained by reason of the unlawful detention thereof. Edward P. Johnson. Attorney for Plaintiffs. Form 3281 Cov/dery's Form Book. 114fi No. 3281. Complaini: for Replevin of Goods in the Hands of Officer Levying Execution. [Title of Court and Cause.] The plaintiffs complain and allege: First. That on the ninth day of February, 1888, the plaintiffs were, by virtue of the chattel mortgage, which was upon the day of the date thereof made, executed, and delivered by the mortgagor, Samuel "Ward, to the plaintiffs, a true copy of which is hereto attached, and marked Exhibit "A," and made a part hereof, the mortgagees, according to the tenor and effect thereof, of the following described personal property, goods, and chattels, viz.: [Here a description of the horses was inserted.] That the value of said property is fifteen hundred dollars. Second. That all the foregoing described property is a part of the property described in the foregoing mortgage, and thereby mortgaged to the said plaintiffs. Third. That one of the conditions of the foregoing mortgage was as follows, viz. : "That if prior to the maturity of the indebtedness secured by the said mortgage, the property thereby mortgaged, or any part thereof, should be attached, seized, or levied upon by or at the instance of any creditor or creditors of the mortgagor, Samuel Ward, that then and in that case, the plaintiffs, being the mortgagees in the said mort- gage, should have the right to the immediate possession thereof, or any part thereof, from any person having or claiming the possession thereof, or any part thereof." Fourth. That on the ninth day of February, A. D. 1888, and prior to the maturity of the indebtedness, secured by the said mortgage, the defendants, at the instance of John A. Featherman and Robert M. Fer- guson, who were the creditors of the said Samuel Ward, without the consent of plaintiffs, and wrongfully, seized and levied upon the forego- ing described property, and took the same into their possession. Fifth. That before the coramencenient of this action, to wit, on the thirteenth day of February, A. D. 1888, the plaintiffs demanded from the defendants the possession of the foregoing described property, who re- fused and still continue to refuse to deliver possession thereof to the plaintiffs. Sixth. Tliat said defendants still, unlawfully and without plaintiff's consent and against their will, withhold and detain the foregoing de- scribed property from the possession of the plaintiffs, to their damage in the sum of five hundred dollars. Wl'.erefore plaintiffs demand judgment against defendants for the re- covery of the possession of said goods and chattels, or for the sum of one thousand five hundred dollars, the value thereof, in case a delivery cannot be had, together with five hundred dollars damages and costs of suit. William J. Galbraith, Plaintiffs' Attorney. NOTE.— Precedent in Marcum v. Colpman. 8 Mont. 196, 19 Pac. 394. 2 147 Report— Restoration of Records. Form 3290 REPORT. See Probate Sales; Return. Dissenting Report by One Appraiser, No. 2999. Report of Administratrix Accompanying Account, r.o. l». Report of Appraisers Favoring Division of Land, Wo.^ -.US/. Report of Appraisers OPP<>«i°g,I^,i^'i^i°^ °^,^"J^,^^,"ation in Pending Action, Report as to disagreement ot Arnitraloi. m Aib.tiation in xr g No. 422. , . T.T OQ7/1 Report of Commissioners in Partition in ^^f ^^f' ^"^f If Rerort of Executor Accompanying Annual Account, No. 17. Report of Referee of Account, No^O. Report of Referee on Creditor's Claim, No. 1391. REQUEST. See Demand. Eeauest by Heir, Devisee or Legatee for Special Notice, No. 2789. R^^uest ?or Appointment of Administrator No^ 1750. Request for Inspection-Justice's Court, No. .lao. REQUISITION. Requisition to Return Property to defendant No 891 RESOLUTION. Fi«l Resolution of Board of Director, Changing Place of Bo.ine,,, No. idS: S^S^,^'^°JtSS«^eS°S^Sl. to Become l.cor- Dorate— Montana, No. 1323. Resolution R'^s'^i'^^^^^^g^f '^^'Tpfn^e of Buknes No. 1296. 1316. RESTORATION OF RECORDS. ?!?: ??SS^JSrSfSS^^SS petition for restoration of records. No. 3290. Petition for Restoration of Records. [Title of Court and Cause.] "r'JctTon S e'r^M^lttll^of Apnl. 1906. and .,coe.di,.g day. Form 3291 Cowdery's Form Book. 1148 That certified copies of such papers, or any of such papers, cannot be obtained by your petitioner; that such loss, injury and destruction occurred by conflagration as aforesaid, and without the fault or neglect of your petitioner; that such loss, injury and destruction, unless, sup- plied or remedied, will result in damage to your petitioner; that the records so lost, injured and destroj^ed were in substance as follows: [Set out substance of record.] Wherefore, your petitioner prays for an order of this court reciting the substance and effect of such lost, injured and destroyed papers, docu- ments, orders, decrees and files, after due notice given as required by law. Dated . , Petitioner. , Attorney for Petitioner. [Verification.] No. 3291. Order Requiring Notice of Hearing Petition for Restoration of Records. Upon reading and filing the petition of in the above-entitled action, it is hereby ordered that said petition be heard on the day of , 19 — , at the courtroom of Department No. 2, in the superior court of the city and county of San Francisco, state of California, City Hall No. Market street, San Francisco, at the hour of 10 o'clock A. M. And it is further ordered that such notice of the hearing of said appli- cation be given as required by sections 1010 to 1017, inclusive, of the Code of Civil Procedure, and by the terms of an act relating to the restoration of court records which have been lost, injured or destroyed by conflagration, or other public calamity, approved June 16, 1906, and particularly in accordance with the provisions of section 2 thereof, and by posting notice of the hearing of said petition in three (3) of the most public places in the city and county of San Francisco, for not less than ten days prior to the date of said hearing. Dated . , Judge of the Superior Court. 1149 Restoration of Title. Form 3292 RESTORATION OF TITLE. 3292. Complaint. 3293. Plaintiff's affidavit of title. 3294. Summons. 3295. Affidavit of service of summona. 3296. Affidavit of posting. 3297. Order desii-nating newspaper for publication of summona 3298. Affidavit of publication of summons. 3299. Notice of lis pendens. S299a. Decree establishing title. No. 3292. Complaiiit. In the Superior Court of the State of California, in and for the CUy and County of San Francisco. Action No, . , Plaintiff, V. All Persons Claiming Any Interest in or Lien upon the Real Property Herein Described, or Any Part Thereof, Defendants.^ Plaintiff complains, and for cause of action alleges: I. That plaintiff claims, and is and at all the times hereinafter men- tioned was the owner of, an estate of inlieritanoe in and to all the real property hereinafter described, and is and at all the times hereinafter mentioned was by — self in the actual and peaceable occupation and possession of all said real property; that said estate owned and claimed by plaintiff in and to said real property is the fee simple abso- lute in and to all of said real property ; that said real property is in the city and county of San Francisco, state of California, and is more par- ticularly described as follows, to wit: . n. That plaintiff is by — self in the open, notorious, actual, peace- able and exclusive occupation and possession of said real property and every part thereof, adverse to the wliole world, and has been in such occupation and possession thereof and the owner of said estate therein continuously for more than years last past; and during all of said time has paid all the taxes, state, county and municipal which have been levied or assessed upon said real property or any part thereof. in. That the public records in tlie office of the county recorder of the city and county of San Francisco were destroyed in many material parts by fire, on the eighteenth, nineteenth, and twentieth days of April. A. D. 1906. Form 3292 Cowdery's Form Book, 1150 IV. That no judgment ov decree has been rendered or entered, and no action commenced at any time subsequent to the fifteenth day of June, A. D. 1906, in the above-entitled court as to or in any way affecting the title to said real property or any part thereof. V. That no notice or claim under or pursuant to or complying with the act of the legislature of the state of California, approved March 23, 1907, entitled "An act supplementary to the act approved June 16, 1906, entitled 'An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records,' providing for the making and recordation of notice of OAvnership or claim to real property," has been filed for record or recorded in the office of the county recorder of the city and county of San Francisco, giving notice of, or asserting or claiming the ownership of the real property herein described, or any part thereof, or of any interest therein or lien thereon. VI. That there is no subsisting or other mortgage, deed of trust or other lien or encumbrance on said real property or any part thereof. VII. That no person claims or may claim any interest in or lien upon said real property or any part thereof adverse to the plaintiff, excepting only the city and county of San Francisco; that the city and county of San Francisco is a municipal corporation of the state of California, and has succeeded to all the jurisdiclion, powers and property rights of the pueblo of Yerba Buena, and of the city of San Francisco; that said city and county of San Francisco claims some right, title, estate or inter- est in and to the real property herein described, the exact nature and extent of which are unknown to plaintiff, but that said claim is without merit, and that said city and county of San Francisco has no right, title, estate or interest in or to said real property or any part thereof. Wherefore plaintiff prays that this court by its judgment and decree ascertain and determine all estates, rights, titles, interests, claims, mortgages, deeds of trust, liens or other encumbrances in, to or upon the real property hereinabove described, and every part thereof; that the said city and county of San Francisco be required to set forth the precise nature and extent of its claim, right, title, interest and estate, if any, in or to said real property and every part thereof, and that it be adjudged that said claim is without merit, and that said city and county of San Francisco has no claim, right, title, estate or interest in or to said real property or any part thereof; and that this court adjudge this plaintiff to be the owner in fee simple absolute of said real prop- erty and every part thereof, and to be in the actual and peaceable oc- cupation and possession of said property and of every part thereof. 1151 Restoration of Title. Form 3293 and establish plaintiff's title thereto against all persons whomsoever; and for such other relief as may be meet, and for plaintiff's costs herein. , Attorneys for Plaintiff. State of Califonaia, City and County of San Francisco, — ss. -, being first duly sworn, says: That affiant is the plaintiff in the above-entitled action; that afiSant has read the foregoing coni])laint and knows the contents thereof; that the same is true of affiant's own knowl- edge, except as to the matters therein stated on affiant's information or belief, and as to those matters that affiant believes it to be true. Subscribed and sworn to before me this day of , 19 — . [Notarial Seal] , Notary Public in and for the City and County of San Francisco, State of California. No. 3293. Plaintiff's Affidavit of Title. State of California, City and County of San Francisco, — ss. , being first duly sworn, deposes and says: 1. Tliat affiant is the plaintiff in the above-entitled action; 2. That affiant claims, and is and at all the times hereinafter mentioned was the owner of, an estate of inheritance in and to all the real i^roperty described in the complaint in the above-entitled and above-numbered action; that said estate owned and claimed by affiant in and to said real property is the fee simple absolute in and to all of said real property. 3. That affiant is by — self in the open, notorious, actual, peace- able and exclusive occupation and possession of said real property and every part thereof, adverse to the Avhole world, and lias been in sucli occupation and possession thereof and the owner of said estate therein continuously for more than years last past; and during all of said time has paid all the taxes, state, county and municipal, which have been levied or assessed upon said real property or any part thereof . 4. That affi.ant acquired the said real property and estate by purchase from , by deed of grant, bargain and sale for a valuable considera- tion on the day of , A. D. , and at the same time obtained from said said occupation and possession of said real property. 5. That affiant has never made any conveyance of said real property or any part thereof, or of any interest therein to anyone. 6. Tliat there is no subsisting or otlier mortgage, deed of trust, encum- brance or other lien on said real property or any part thereof. 7. That affiant does not know and has never been informed of any person who claims or who may claim any interest in or lien upon paid real property or any part thereof adversely to affiant, excepting only the city and county of San Francisco. Form 3294 Cowdery's Form Book. 1152 8. That the city and county of San Francisco is a municipal corpora- tion of the state of California, and has succeeded to all the jurisdiction, powers and property rights of the pueblo of Yerba Buena and of the city of San Francisco; that said city and county of San Francisco claims some right, title, estate or interest in and to the said real prop- erty, the exact nature and extent of wliich are unknown to affiant, but that said claim is without merit and that said city and county of San Francisco has no right, title, estate or interest in or to said real prop- erty or any part thereof. That the address of said municipal corporation is San Francisco, California. Subscribed and sworn to before me this day of , 19 — . [Notarial Seal] ' Notary Public in and for the City and County of San Francisco, State of California. No. 3294. SummonB. [Title of Court and Cause.] The People of the State of California: To all persons claiming any in- terest in, or lien upon, the real property herein described or any part thereof, , Defendants, Greeting: You are hereby required to appear and answer the complaint of , plaintiff, filed with the clerk of the above-entitled court and city and county, within three months after the first publication of this summons, and to set forth what interest or lien, if any, you have in or upon that certain real property or any part thereof, situated in the city and county of San Francisco, state of California, particularly described as fol- lows: . You are hereby notified that, unless you so appear and answer, the plaintiff will apply to the court for the relief demanded in the com- plaint, to wit: That this court by its judgment and decree ascertain and determine all estates, titles, interests, claims, mortgages, deeds of trust, liens or other encumbrances in, to or upon the real property hereinabove de- scribed, and every part thereof; that the said city and county of San Francisco be required to set forth the precise nature and extent of its claim, right, title, interest and estate, if any, in or to said real property and every part thereof, and that it be adjudged that said claim is with- out merit, and that said city and county of San Francisco has no claim, li^ht, title, estate or interest in or to said real property or any part thereof; that this court adjudge this plaintiff to be the owner in fee simple absolute of said real property and every part thereof, and to be in the actual and peaceable occupation and possession of said property and of every part thereof, and establish plaintiff's title thereto against all persons whomsoever; and for such other relief as may be meet, and for plaintiff's costs herein. [Signature.] 1153 Restoration of Title. Forms 3295, 3296 Witness my hand and the seal of said court this day of , A. D. 19—. [Seal of the Superior Court] , Clerk. By , Deputy Clerk. Memorandum. The following persons are said to claim an interest in or lien upon said property adverse to plaintiff: City and county of San Francisco, a municipal corporation, address, San Francisco, California. The first publication of this summons was made in "Dail,v Journal of Commerce," a newspaper, on the day of , A. D. 19 — . No. 3295. Affidavit of Service of Summons. State of California, City and County of San Francisco, — ss. , being first duly sworn, deposes and says: That he is and at all the times hereinafter mentioned was a citizen of the United States and of the state of California, over the age of twenty-one years, competent to be a witness in the within entitled action, but not a party to nor in any way interested in said action. That on the day of , 19—, he served the within summons on the city and county of San Francisco, a municipal corporation, one of the defendants therein named, by delivering to and leaving with , the mayor of the said municipal corporation, defendant, as such mayor and for said defendant, on said last-mentioned day and in the cit3' and county of San Francisco, state of California, a copy of said summons and of both the memoranda thereon, together Avith a copy of the veri- fied complaint in the within entitled action and of "Plaintiff's Affidavit of Title" filed in said action with said complaint and now on file in said action. [Signature.] Subscribed and sworn to before me this day of , 19 — . [Notarial Seal] , Notary Public in and for the City and County of San Francisco, State of California. No. 3296. Affidavit of Posting. State of California, City and County of San Francisco, — ss. , being first duly sworn, says : That he is and at all times herein mentioned was a citizen of the United States and of the state of California, over the age of twenty-one years, competent to be a witness in the above-entitled action, but not a party to said action, nor in any way interested therein. That on the day of , A. D. , and within fifteen days after the fii'st publication of the summons in the above-entitled action, Form Book — 73 Forms 3297, 3298 Cowdery's Form Book. 1154 he posted in a conspicuous place on each separate parcel of the property described in the complaint herein a copy of said summons together with a copy of the memoranda attached thereto setting forth in what news- paper and on what date the first publication thereof was made, and the names of all persons claiming an interest in or lien upon said real property or any part thereof, adverse to the plaintiff, together with the addresses of said persons; that the printed slip hereto attached is a copy of said summons and of said memoranda as so posted, and is hereby made a part of this affidavit. That said summons was published in the newspaper named "Daily Journal of Commerce," and the first publication thereof was made on . , A. D. . That said summons was so posted by affiant as follows, viz: On the parcel of land , described in said complaint. Subscribed and sworn to before me this day of , A. D. . [Notarial Seal] > Notary Public in and for the City and County of San Francisco, State of California. No. 3297. Order Designating Newspaper for Publication of Summons. [Title of Court and Cause.] It appearing that the complaint herein has been filed, together with the aftidavit required by law in such an action, and that the newspaper hereinafter named is a newspaper of general circulation, published in the city and county of San Francisco : It is ordered that the summons herein be published in the newspaper named, . Dated , A. D. 19—. , Judge of the Superior Court. No. 3298. Affidavit of Publication of Summons. City and County of San Francisco, State of California,— ss. ^ of the City and County of San Francisco, being duly sworn, deposes and says: That he is, and was at all times herein mentioned, a white male citizen of the United States, over the age of twenty-one years ; and that he is not a party to, or interested in, the above-entitled action, and is compe- tent to be a witness therein. That he is, and was at all times herein mentioned, the foreman of the Journal Publishing Company, the printer and publisher of the "Daily Journal of Commerce," that said "Daily Journal of Commerce" was during all the times hereinafter mentioned, and now is, a newspaper of general circulation, as defined by section 4460 of the Political Code of the state of California, printed and published for the dissemination of local and telegraphic news and intelligence of a general character. 1155 Restoration of Tittle. Form 329'J having a bona fide subscrijjtion list of paying subscribers; and not de- voted to the interests, or published for the entertainment or instruction of any particular class, profession, trade, calling, race, or denomination, or for any number of such classes, professions, trades, callings, races or denominations. That the said newspaper has been established, printed and piiblished at regular intervals, to wit, daily except Sundays and legal holidays, in the city and county of San Francisco, state of Califoniia, for more than two years preceding the date of the publica- tion hereinafter mentioned. And that as such foreman affiant has now, and at all times herein mentioned, has had charge of all publications and advertisements in said newspaper. That the summons in said action, with the memoranda appended thereto, a true printed copy of which is hereto annexed and made a part of this affidavit, was published in the said city and county of San Francisco in the said ** Daily Journal of Commerce" at least once every week for ten consecutive weeks, on the following dates, to wit : . The said summons as so published was set in nonpareil type; and was preceded with words printed in black face tjTDe of larger size, describing and expressing in general terms, the purport and character of the said • summons. Subscribed and sworn to before me this day of , 19 — . Notary Public in and for the City and County of San Francisco, State of California. No. 3299. Notice of Lis Pendens. FTitle of Court and Cause.] Notice is hereby given that an action has been commenced in the superior court of the city and county of San Francisco, state of Cali- fornia, by the above-named plaintiff, against all persons claiming any interest in or lien upon the real property herein described or any part thereof. That said action has been brought to obtain a judgment and decice of the above-entitled court ascertaining and determining all estates, rights, titles, interests, claims, mortgages, deeds of trust, liens or other encumbrances in, to or upon the real property hereinafter described, and every part thereof; requiring the city and county of San Francisco to set forth the precise nature and extent of its claim, right, title, interest, and estate, if any, in or to said real property and every part thereof, and adjudging that said claim is without merit and that said city and county of San Francisco has no claim, right, title, estate or interest in or to said real property or any part tliercof ; and adjudging the plaintiff herein to be the owner in fee simple absolute of said real property and every part thereof and to be in the actual and peaceable occupation and pos- session of said property and of every part thereof, and establishing Form 3299a Cowdery's Form Book. 1156 plaintiff's title thereto against all persons whomsoever; and for such other relief as may be meet, and for plaintiff's costs herein. Said property is described as follows, to wit : All that real property in the city and county of San Francisco, state of California, and partic- ulaily described as follows: . Dated . , Attorney for Plaintiff. No. 3299a. Decree Establishing Title. The above-entitled action coming on regularly this day for trial before the court, sitting without a juiy, a jury having been duly waived, the plaintiff — appeared in person and by , the attorneys for plaintiff — ; the defendant, city and county of San Francisco, a municipal corpora- tion, appeared by , Esq., its attorney; all other defendants failed to api)ear, answer or plead herein, and their default for such failure was duly entered. Oral and documentary evidence was offered and introduced and the cause submitted, and the court being fully advised in the premises, found and now hereby finds and adjudges and decrees the following facts, all of which satisfactorily appeared and appear to the court, viz : 1. That the above-entitled action was duly commenced by the filing of a verified complaint describing the land hereinafter described and con- taining the allegations required by or emimcrated in, and has been prop- erly brought under and in accordance with the requirements of, the act of the legislature of the state of California entitled "An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records," approved June 16, 1906: . 2. That at the time of filing said complaint, the said plaintiff — duly filed therewith plaintiff's affidavit, fully and explicitly and correctly setting forth and showing all the matters required by , said act — , and partici;larly by the provisions of section 5 thereof. 3. That at the time of filing said complaint, the plaintiff — duly filed for record and caused to be, and there was, duly recorded in the office of the county recorder of the city and county of San Francisco, a notice of the pendency of said action in accordance with the provisions of said act — , and containing and stating the object of said action and a particular description of the property affected thereby, to wit, the de- scription hereinafter set forth, as well as all other matters and things required or provided by said act — to be set forth in the notice of pendency of action ; and that the said county recorder thereupon duly recorded the said notice in a book devoted exclusively to the recordation of such notices and duly entered upon a map or plat of the parcels of land, kept by him for that purpose, on that part of the map or plat rep- resenting the parcel or parcels described in said complaint and said notice of lis pendens, a reference to the date of the filing of such notice, and to the book and page of the record thereof. 4. That upon the filing of said complaint, a summons fully complying with and in the form prescribed in and by said act — was duly is- 1157 Restoration of Title. Form 329'Ja sued out of and under the seal of said court in accordance with the re- quirements of said act — ; 5. That thereafter an order of said court was duly given, signed and made, and filed with the clerk of said court, designating tlie newspaper named in said order, to wit, , as the newspaper in which publication of the said summons was ordered to be made, and that thereafter and in accordance with said order, and with Title V of Part IV of the Political Code, and in accordance with law, the said summons was duly published in said newspaper once a week, for a period of more than two months; that to each publication of said summons tliere were appended memo- randa stating the date of the first publication of said summons and the name of said newspaper in wliich said pul)lieation was made, and also stating the name and address of all persons claiming an interest in or lien upon said property, adverse to the plaintiff — and the fact of such claim that all said memoranda complied fully and completely with the requirements of, and were in the form prescribed in and by, said act — , and particularly section 4 thereof ; that for more than five years prior to the commencement of this action and thence continuously down to and including the present time, said newspaper has been and is a newspaper of general circulation published in said city and county of San Francisco ; that at all said times said newspaper was and is of gen- eral circulation as defined by section 4460 of the Political Code of Cali- fornia. 6. That within fifteen days after the first publication of said summons, a copy of said summons, together with a copy of the said meinor:v.ida, were duly posted according to law in a conspicuous place on each sep- arate parcel of the property described in said complaint, and were, to- gether with said complaint, duly and regularly served on each and all of the defendants herein in all respects as required by law. 7. That the affidavit hereinabove referred to did not disclose tlie name of any person or persons claiming any interest in or lien upon all or any of the property described in said complaint, adverse to the plaintiff — , except the city and county of San Francisco, a municipal corporation of the state of California. 8. That during the period of the said publication of said summons and within two months after the first publication of said sunmions, said com- plaint, together with said affidavit and said sunnnons and appended to said summons, a copy of all said memoranda were duly personally served in said city and county of San Francisco, state of California, upon the defendant city and county of San Francisco, a municipal corporation, (by delivering to and leaving with , the mayor and president of the board of supervisors of said city and county of San Francisco, as such mayor and president, a copy of each and every thereof on A. D. , ), and upon , the defendant , personally, by delivering to and leaving with , said defendant , personally, a copy oP eacli and every thereof, , and upon the defendant , personally, by delivering to and leaving with , the of said defendant, , Form 3299a Cowdery's Form Book. 1158 personally as such , a copy of each and every thereof , all in said city and county of San Francisco, state of California. 9. That the publication and posting of said summons and its service upon and mailing to each and all of the persons upon whom it is, by any or all of the provisions of the aforesaid ■ act — , directed or re- quired to be specially or otherwise served have been fully and duly com- pleted; that more than two months and forty days have elapsed since the first publication of said summons, and that no extension of time to appear herein or to become a party to this action has been made or granted, and that the time for appearing herein or becoming a party to this action has fully expired and that no defendant or person or corpo- ration has appeared or made himself or itself a party to this action, ex- cept that said city and county of San Francisco has appeared and filed its answer herein. 10. That this court has now full and complete jurisdiction to render judgment herein, under the provisions of , the aforesaid act — ; 11. That at the time of filing said complaint, and at all the times in said complaint mentioned, plaintiff — was , ever since has been and is the owner — of, and at all said times claimed and now claims, an estate of inheritance in all the real property described in said com- plaint and hereinafter described and is and at all said times was . by ■ — self , in the open, notorious, exclusive, continuous actual and peaceable possession and occupation, adverse to the whole world, of all said real property, and was at all said times, ever since has been and now is the owner — in fee simple absolute of all said real property, free of encumbrance , and that plaintiff has never made any conveyance of any of the real property herein described or any part thereof or any interest therein ; that at the time of the com- mencement of this action the said real property and all thereof was, ever since has been and still is protected by a substantial inclosure— and fence — constructed, erected and maintained by plaintiff — and during all said times has been and is usually cultivated and improved by said plaintiff — . 12. That the public records in the office of the county recorder of the city and county of San Francisco were, in many material parts and almost wholly, destroyed by fire, on the eighteenth, nineteenth and twen- tieth days of April, A. D. 1906. 13. That other than the above-entitled action, to wit, this action, no action authorized by said act, approved June 16, 1906, , has been commenced, no complaint has been filed, and no judgment or decree in any action authorized by said act — has been given, made, rendered or entered, as to or in any way affecting the title to or involving said real property or any part thereof; that plaintiff has made satis- factory, due and sufficient inquiry and used reasonable diligence to de- termine whether there is any other person or corporation who has or claims or who may have or claim any interest in or lien or encumbrance 1159 Restoration of Title. Form 3299a upon the real property herein described or any part thereof adverse to plaintiff. 14. That no notice or claim under or pursuant to or coniplyin<^ with or purporting or undertaking to comply with the act of the legislature of the state of California, approved March 23, 1907, entitled "An act sup- plementary to the act approved June 16, 1906, entitled 'An act to pro- vide for the establishment and quieting of title tp real property in rase of the loss or destruction of public records,' providing for the making and recordation of notice of ownership or claim to real property," has been filed for record or recorded in the office of the county recorder of the city and county of San Francisco, giving notice of or asserting or claiming, the ownership of the real jiroperty herein described or any part thereof, or of any interest therein or lien thereon. 15. Tliat there is no subsisting or other mortgage, deed of trust or other lien or encumbrance of any kind or nature on said real ])ropcrty or any part thereof, . That , no person or corporation has or claims or may claim any interest in or lien or encumbrance upon said real property or any part thereof other than or adverse to the plaintiff, excepting only the city and county of San Francisco, , but that said claim is without merit and that said city and county of San Francisco has no right, title, estate or interest in or to or lien upon said real property or any part thereof. That the city and county of San Francisco is a municipal corporation of the state of California, and has succeeded to all the jurisdiction, powers, and property rights of the pueblo of Yerba Buena, and of the city of San Francisco. 16. That each and every allegation and statement made or contained in said complaint or in said affidavit filed herein as aforesaid with said complaint is true. From the foregoing facts, the court orders, adjudges and decrees as follows and also makes as its conclusions of law the matters and things hereinafter ordered, adjud^•od and decreed. Now, therefore, all the foregoing matters being fully considered, and good cause appearing therefor, — A. It is ordered, adjudged and decreed, that said plaintiff was at the commencement of this action, ever since has been and is the sole owner — in fee simple absolute of all the real property described in said complaint, and hereinafter described and every part thereof, and is and at all said times was in the 'actual and peaceable possession and occupation of said real property and every part thereof, adverse to all the world, and that the title of plaintiff — thereto be and is hereby established and quieted against all the Avorld and against all persons and corporations whomsoever and free and clear of ail mortgages, deeds of trust, liens and encumbrances of every kind or nature whatsoever. B. It is further ordered, adjudged and decreed, that the defendant, city and county of San Francisco, a municipal corporation, makes no claim to any of the said real property, and that said city and county of Form 3300 Cowdery's Form Book. 1160 San Francisco has not any riglit, estate, title, claim or interest in or to or lien upon said real property or any part thereof as trustee or otherwise. C. It is further ordered, adjudged and decreed, that no person or per- sons or corporation other than said plaintiff— now has or have, and that at the time of the commenr-cment of this action no person or persons or corporation other than said plaintiff— had any estate, interest,^ right or title, either legal or equitable, present or futiire, vested or contingent or otherwise, in or to any lien, deed of trust, encumbrance, charge or valid claim upon, of or against said real property or any part or parcel thereof or interest therein. D. It is further ordered, adjudged and decreed, that all persons and corporations other than the said plaintiff , are hereby barred and perpetually enjoined and estopped from asserting or setting up any estate, right, title, interest, claim, lien, encumbrance or deed of trust m, to, or upon said real property or any part thereof. The following is a correct description of the real property above men- tioned and hereinbefore adjudged to belong to said plaintiff—, to wit : That certain lot— of land in the city and county of San Francisco, state of California, more particularly described as follows, to wit: . [Dated.] , Judge of the Superior Court. RESTORATION TO CAPACITY. S300. Petition for decree restoring to capacity. 3301. Judgment of restoration to competeucy. No. 3300. Petition for Decree Restoring to Capacity. [Title of Court and Cause.] To the Honorable, the Superior Court in and for the County of Napa: The petition of A. B. states that on June 3, 1917, he was, by the judg- ment of the said superior court, adjudged to be a mentally incompetent person. That he is now restored to mental capacity and competency, and he prays the court for an order judicially determining that he is now restored to mental competency, and capacity. [Signature.] ISrOTE.— The court appoints a day for the hearing before the court. The petitioner may demand a jiiry. Notice is given to the guardian, if anj^ and to the husband or wife if there is one, and to the father or mother if living in the county. The petition may be contested: California, Code Civ. Proc, sec. 1766. See Code Civ. Proc, sec. 1767, for definition of the words "incompetent." "mentally incompetent" and "incapable." See California, Code Civ. Pro'c, sec. 1766; Montana, Eev. Codes 1907, sec. 7767 et seq. 1161 Restoration to Capacity — Return. Form 3301 No. 3301. Judgment of Restoration to Competency. [Title of Court and Cause.] The matter of the petition of A. B. to be adjudged restored to mental competencj' coming on to be heard this third day of June, 1917, and the matter liaving been heard by the court in manner and form as is by law directed, and the matter having been submitted for judgment, it is by these presents adjudged that the said A. B. is now fully restored to mental capacity, and was restored to full mental capacity at the time the said petition was verified and filed. Dated . , Judge. NOTE. — ■Respecting the judicial determination of a petitioner for restora- tion to competency the statute reads: "If it be found that the persou be of sound mind and capable of taking care of himself and his property, his restoration to capacity shall be adjudged." It is unnecessary to in- chide the words above quoted in the court's adjudication of the fact of mental restoration to capacity, the statute (California, Code Civ. Proc, sec. 1766) having defined the judicial meaning of the phrases "incom- petent," "mentally incompetent," and "incapable" to be equivalent to the words above quoted: Code Civ. Proc, sees. 1766, 1767. RESTRAINING ORDER. Restraining Order, No. 2146. RETURN. See Certificate. Attachment— Officer's Return of Levy on Moneys and Other Personal Prop- erty, No. 590. Attachment— Officer's Return of Levy on Shares in Corporation, No. 591. Officer's Return of Property Delivered to Plaintiff, No. 890. Officer's Return of Property to Defendant, No. 893. Return and Account of Sales of Personal Property, No. 3107. Return and Account of Sale of Real Estate, No. 3093. Return and Account of Trustee, No. 3690. Return and Certificate of Service by Officer, No. 3562. Return and Certificate of Service by Officer — Justice's Court, No. 3551. Return and Certificate of Attempted Service by Sheriff, Where Certificate of Residence has Been Filed, No. 3573. Return and Certificate of Service upon County, City or Town, No. 3571. Return and Certificate of Service upon Domestic Corporation, No. 3563. Return and Certificate of Service upon Foreign Corporation, No. 3565. Return and Certificate of Service upon Minor Defendant, No. 3567. Return and Certificate of Service upon Person of Unsound ]\Iind, No. 3569. Return and Certificate of Service of Summons, Order of Arrest, and Notice to Plaintiff — Justice's Court, No. 446. Return on Attachment of Personalty — Justice's Court, No. 615. Return of Attachment or Execution Showing Levy on Credits, etc. — Jus- tice's Court, No. 616. Return of Execution Satisfied, No. 1671. Return of Execution Satisfied — Another Form, No. 1672. Form 3330 Cowdery's Form Book. 1162 Return of Levy on and Sale of Personal Property, No. 1706. Return of Levy on and Sale of Real Property, No. 1704. Return of Sale of Real Estate, No. 1705. Return of Service of Notice of Setting Case for Trial or Hearing of De- murrer — Justice's Court, No. 2787, Return or Verdict of Coroner's Jury, No. 1281. Return of Service of Order, No. 3616. Return of Search-warrant, No. 3333. Return to be Indorsed on or Annexed to Writ of Habeas Corpus, No. 2044. REVOCATION. See Wills. Revocation of an Executor and Another Appointed in His Stead, by a Codi- cil, No. 3924. Revocation of Power of Attorney, No. 2986. Revocation of Submission by One Party, No. 415. SATISFACTION. See Release and Satisfaction. SEARCH-WARRANT. 3330. Complaint for search-warrant. 3331. Searcli-warrant. 3332. Search-warrant — Washington. 3333. Return of search-warrant. 334. Inventory to be attached to, or written on back of, search-warrant, and affidavit. o No. 3330. Complaint for Search-warrant. State of , County of , ss. ^ being duly sworn, makes complaint and says that, on the day of , 19—, in the county of , state of , the crime of was committed, to wit, by (whose real name is unknown to this complainant), who then and there did [etc.]. And this deponent fur- ther says that he has, and there is, just, probable, and reasonable cause to believe, and that he does believe, that said personal goods and piop- erty are now concealed in the house of , at , in said county, all of which is contrary to the form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of . And this complainant prays that a search-warrant may issue for the recovery of said personal goods and property, and that the same may be brought before a magistrate and disposed of according to law. [Signature.] Subscribed and sworn to [etc.], [Official signature.] 1163 Search-warrant. Forms ;3331, 3332 NOTE. — There may be other corroborative affidavits or "depositions." The above affidavit may be used where the property was stolon or embezzled. If the case arises under other provisions of the" statute, state the facts, and change the language of the affidavit to suit. In North Dakota, a search-warrant may issue upon affidavit that intoxicat- ing liquors of any kind are being kept, or are present, upon certain premises, particularly described, if they are in unusual quantities, or are kept upon said premises for the purpose of barter and sale, for use as a beverage, con- trary to law: See N, D. Laws 1907. p. 310. See, also, Alaska, Comp. Laws 1913, sec. 2486 et seq.; Arizona, Rev. Stats. (Pen. Code 1913), sec. 1392 et seq.; California, Pen. Code, sec. 1523 et seq.; Color.Tdo, Mill's Ann. Stats. 1912, see. 20GS; Hawaii, Rev. Code 1915, sec. 3714 et seq.; Idaho, Rev. Codes 1907, sec. 8390 et seq.; Kansas, Gen. Stats. 1915, sec. 8220 et seq.; Montana, Rev. Codes 1907, see. 9676 et seq.; Ne- braska, Rev. Code 1913, sec. 8992 et seq.; Nevada, Rev. Laws 1912, sec. 7415 et seq.; New Mexico, Stats. Ann. 1915, sec. 4456; North Dakota, Comp. Laws 1913, sec. 11,129 et seq.; Oklahoma, Harris & Day's Code 1910, sec. 6059 et seq.; Oregon, Lord's Oregon Laws, sec. 1852; South Dakota, Comp. Laws 1913. sec. 7316; Utah, Comp. Laws 1907, sec. 5081; Washington, Rem. Code, sec. 2237 et seq.; Wyoming, Comp. Stats. 1910, see. 6313. No. 3331. Search-warrant. [Title of Court.] The People of the State of , to Any Sheriff, Constable, Marshal or Policeman in the County of , State of — — . Proof, by affidavit, having been this day made before me by that on the day of , A. D. 19 — , in said city and county, the crime of misdemeanor was committed by (whose real name is unknown to this complainant), and that certain are now concealed in the house of at street, between and streets, in said county of , state of . You are therefore commanded in the daytime to make immediate search of the above-described premises for the above-described property, and if you find the same or any part thereof, bring it fortlnvith before me at the courtroom of said court. Given under my hand and dated this day of A. D. 19 — , [Signature.] No. 3332. Search-warrant — Washington. State of , • County, — ss. To the Sheriff or any Constable of said County. Whereas has this day made complaint on oath to the undorsiencd, one of the justices of the peace in and for said county, that the follow- ing goods and chattels, to wit: , the property of the said , have been, within days past, or were on the day of , 19 — , by some person or persons unknown, stolen, taken and carried away out of the possession of the said in the county aforesaid ; and also that the said verily believes that the said goods, or a part thereof, are concealed in or about the house of , in said count}', described as follows: : Forms 3333, 3334 Cowdery 's Form Book. 1164 Tlierefore, in the name of the state of , you are commanded that, v.ith the necessary and proper assistance, you enter into the said house, and there diligently search for the said goods and chattels; and if the same, or any part thereof, be found on such search, bring the same, and also the said , forthwith before me, to be disposed of according to law. Given under my hand this day of , 19 — . , Justice of the Peace. NOTE.— See Wash. Kem. Code, sec. 1935, p. 987. No. 3333. Return of Search-warrant. State of , County of , ss. I, the undersigned, police officer, make this, my return, to the within search-warrant. I received said warrant on the day of , 19 — , and under its authority I, on the day of its date, diligently searched the premises described as follows, to wit: — — ■, and I there discovered and seized all the property described in the inventory accompanying this return [or, if otherwise, state result of search]. , Police Officer. No. 8334. Inventory to be Attached to, or Written on Back of, Search- warrant, and Affidavit. [Here give an inventory of the property taken.] I, , the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the prop- erty taken by me on the warrant. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE. — California, Pen. Code, sec. 1537; Alaska, Comp. Laws 1913, sec. 1218; Idaho, Kev. Codes 1907, sec. 8404; Utah, Comp. Laws 1907, sec. 5095. SERVICE OF PROCESS. See Affidavit; Return; Subpoena; Summons. 1165 Services Rendered. Forms 3340-3342 SERVICES RENDERED. 3340. Complaint for work done and materials furnished. 3341. Complaint for services rendered at fixed price. 3342. Complaint for services of minor son. No. 3340. Complaint for Work Done and Materials Furnished. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the day of , 19—, at , he furnished the paint. and painted defendant's house, at defendant's request. 2. That defendant promised to pay him dollars ($ ) therefor. 3. That he has not paid the same [except]. Wherefore [etc.]. [Signature.] No. 3341. Complaint for Services Rendered at Tixed Price. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That between the day of , 19—, and the day of 19 — ^ plaintiff rendered services to the defendant, at his special instance and request, in the capacity of clerk. 2. That for said services the defendant promised to pay plaintiff a salary at the rate of dollars ($ ) per month. 3. Tliat the defendant has not paid the said salary [except]. Wherefore [etc.]. [Signature.] No. 3342. Complaint for Services of Minor Son. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That one rendered services as a clerk to the defendant, at his request, at his store at , from the day of , 19—, to the day of , 19 — . 2. That such services were reasonably worth dollars {$ ). 3. That the said was then, and is now, under twenty-one years of age, and is the minor child of this plaintiff. 4. That the defendant has not paid the same, nor any part thereof [except]. Wherefore [etc.]. [Signature.] Forms 3350, 3351 Cowdery's Form Book. 1166 SHERIFFS. 3S50. Complaint against sheriff for false return, 3351. Complaint against sheriff for moneys collected. 3352. Complaint against sheriff for neglecting to return execution, 3353. Complaint against sheriff for not executing process. 3354. Complaint against sheriff for not levying. CEOSS-REFERENCES. Sheriff's Deed on Execution, No. 1468. Sheriff's Deed on Foreclosure, No. 1469. Sheriff's Indemnity Bond on Attachment, No. 777. Sheriff's Indemnity Bond on Execution, No. 778. Sheriff's Official Undertalcing— Oregon, No. 817. No. 3350. Complaint Against Sheriff for False Return. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. Tliat at the time of issuing the execution hereinafter mentioned, the defendant was the sheriff of the county of Yuba, in this state. 2. That on the tenth day of December, 1917, judgment was duly given and made in an action in the superior court of the county of Yuba, in favor of the plaintiff, against one G. W., for $1,000. 3. That on the twentieth day of December, 1917, an execution against the property of the said G. W. was issued upon the said judgment directed and delivered to the defendant, as sheriff aforesaid. 4. That the defendant afterward, and during the life thereof, levied, under the said execution, on property of the said W. of the value of $1,000 [or, sufficient to satisfy the said judgment, with all the expenses of the execution; or state particulars of property on which he might have levied]. 6. That the defendant afterward, in violation of his duty as such sheriff, falsely returned upon the said execution, to the clerk of the county of Yuba, that the said W. had no property in his county on which he could levy the amount of said judgment, or any part thereof. 6. That by reason of said premises, the plaintiff has been deprived of the means of obtaining the said monej^s directed to be levied as afore- said, and which are still wholly unpaid, and is likely to lose the same. Wherefore [etc.]. [Signature.] Ho. 3351. Complaint Against Sheriff for Moneys Collected. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That at the time hereinafter mentioned, the defendant was the sheriff of the county of San Mateo, in this state. 2. That on the twenty-fifth day of November, 1917, at San Mateo, an execution, then duly issued, in form and effect as required by law, 1167 Sheriffs. Forms 3352, 3353 against the property of one A. B., and in favor of the plaintiff, npon a judgment for the sum of ^350, theretofore duly given in favor of the plaintiff against said A. B., in the superior court of the county of San Mateo, in this state, was by the jjlaintiff directed and delivered to the d<;-fendant as such sheriff. 3. That the defendant thereafter, as such sheriff, collected and re- ceived upon said execution, to the use of the plaintiff, the sum of $350, besides his lawfiil fees. 4. That although more than sixty days elapsed, after the delivery of said execution to the defendant, before this action, yet he has, in viola- tion of his duty as sheriff", failed to pay over to the plaintiff the amount so collected. Wherefore [etc.], [Signature.] No. 3352. Complaint Against Sheriff for Neglecting to Return Execu- tion. [Title of Coiu-t and Cause.] The plaintiff complains, and alleges: 1. That at the time of the issuing of the execution hereinafter men- tioned, the defendant was the sheriff of the county of Marin, in this state. 2. That on the eighth day of October, 1917, in an action in the su- perior coiu't of the county of Marin, in this state, wherein tliis plaintiff was plaintiff, and one A. B. was defendant, the plaintiff recovered a judg- ment duly given by said court against the said A. B. for $200. 3. That on the fifteenth day of October, 1917, an execution against the property of said A. B. was issued on said judgment and directed, and then delivered to the defendant, as sheriff of the county of Marin, of which execution the following is a copy: [Copy the execution and indorsement.] 4. That although more than ten days elapsed after delivery of said execution to the defendant, and before the commencement of this action, j-et he has, in violation of his duty as such sheriff', failed to return the same, to the damage of the plaintiff in $500. Dated . [Signature.] No. 3353. Complaint; Against Sheriff for not Executing Process. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That at the time of issuing the execution hereinafter mentioned, the defendant was the sheriff of the county of Sacramento, in this state. 2. That on tlie twenty-seventh day of September, 1917, at K., judg- ment was duly given and made in an action in the superior court, in favor of the plaintiff, against one E. F., for $500. Form 3354 Cowdbry's Form Book. 11 6S 3. That on the tenth day of October, 1917, an execution against the property of the said E. F. was issued upon the said judgment, and directed and then delivered to the defendant as sheriff aforesaid. 4. That on that day the said E. F. had a large quantity of general mercliandise in his store, No. 127 First Street, Sacramento, and owned the said store and lot [or, as the case may be], in the said county, out of which the said execution might have been satisfied, of which the defendant had notice. 5. That he refused and neglected to make a levy under or by virtue of said execution, upon said property, or any part thereof [or, as the case may be; and if he levies a part, specify it], as by said execution he was required to do, to the damage of the plaintiff of $2,000. Wherefore [etc.], [Signature.] No. 3354. Complaint Against Sheriff for not Levying. [Title of Court and Cause,] The plaintiff complains and alleges : 1. That at the time of issuing the execution hereinafter mentioned, the defendant was the sheriif of the county of , in this state. 2. That on the day of , 19 — , at , judgment was duly given and made in an action in the superior court, in favor of the plain- tiff, against one , for $ . 3. That on the day of , 19 — , an execution against the prop- erty of the said , was issued upon the said judgment, and directed and then delivered to the defendant as sheriff aforesaid. 4. That the defendant neglected to make any levy on the goods and chattels, lands, and tenements of the said G. W. ; and falsely and fraud- ulently returned upon the said writ to the said court, that the said G. W. had not any goods or chattels, lands or tenements, in his county. That by reason of the premises, the plaintiff is deprived of his remedy for obtaining payment of his judgment and costs aforesaid, and has wholly lost the same. SLANDER. See Libel and blander. 1169 Sole Traders. Forms '6'610, 3371 SOLE TRADERS. 3370. Notice of Intention to become sole trader, 3371. Petition to become sole trader. 3372. Decree empowering married woman to become sole trader. 3373. Aflaclavit required of sole trader. 3374. Complaint against sole trader. No. 3370. Notice of Intention to Become Sole Trader. [Title of Court and Cause.] Notice is hereby given that I, , wife of , resident of the county of , being desirous of availing myself of the provisions of of the Code of Civil Procedure, intend to make application to the court of the county of , state of , on , the day of , 19^, at tlie opening of the court on that day, or on such other day to which the hearing may be postponed by the court, for a judg- ment and order of said court authorizing me to carry on and trans- act business in my own name and on my own account as sole trader. The nature of the business I propose to carry on and conduct is that of buying and selling goods, wares, and merchandise, and keeping a general variety store in said county of . Dated this day of , 19 — . [Signature.] NOTE.— See Cal. Code Civ. Proc, sec. 1812. No. 3371. Petition to Become Sole Trader. [Title of Court and Cause.] To the Honorable the Court of the County of , State of . 1. The petition of respectfully represents and shows to this hon- orable court that she is a married woman, and is the wife of , and is now, and for months and upward next preceding the day of , 19 — , has been, residing v, ith her said husband in said county of , state of . 2. Tliat your petitioner is desirous of availing herself of the benefits of of the Code of Civil Procedure of the state of. , and obtain- ing a judgment and order of this court authorizing her to carry on and transact business in her own name and on her own account in the county of . 3. That your petitioner makes this application in good faith, to enable her to support herself and others dependent upon her, viz., her children; and that the folloAving are the names of her children and the persons dependent upon her for their support and maintenance: , aged years; , aged years [etc.]. 4. The reason of insufficient support from her said husband is as fol- lows: . Form Book — 74 1^'urm 3372 Cowdery's Form Book. 1170 5. Tliat the reason a divorce is not sought by your petitioner from her hus1)and is as follows: . 6. The nature of the business your petitioner proposes to conduct and carry on is that of , and the place of such business is in the coiinty of , and the capital to be invested therein by your petitioner is dollars ($ ), and the source from which the same is derived is as follows : . 7. That of the moneys to be used in said business not more than five hundred dollars ($500) has come, either directly or indirectly, from the community property, or of the separate property of her husband, and that this application is not made with any view to defraud, delay, or hinder any creditor or creditors of her husband, but is made in g:ood faith for the purpose of enabling her to support herself and children as aforesaid. Wherefore, your petitioner prays that on the hearing of this petition and application, and after due notice given and published, a judgment and order be made by this honorable court authorizing her to carry on business in her own name and on her own account as such sole trader. [Signature.] [To be verified.] NOTE.— See Cal. Code CSt. Proc, sec. 1813. No. 3372. Decree Empowering Married Woman to Become Sole Trader. [Title of Court and Cause.] The application of , wife of , coming on regularly to be heard tiiis day of , 19 — , and proof having been first made to the satisfaction of the said court that notice in due form and substance of the petitioner's intention to make this application was duly publislied ill the , a newspaper published and circulated in the county of , for four successive weeks, and no creditor of said petitioner's husband having filed any written opposition to her appli-^ation or appeared to oppose the same; The court proceeds to hear the allegations of said applicant's petition, duly filed and verified; and said applicant appearing in person in open court, and having been duly examined by said court under oath, as re- quired by law, and after hearing said applicant's proofs, it duly appear- ing to the satisfaction of the court that a proper ease exists for granting the order ; that the said applicant was a bona fide resident of said county for six months and upward next preceding her application herein, and that said applicant has made and filed with the clerk of this court the •oath required by law ; the court now here finds the following facts from the proofs, and in accordance therewith: 1. That the application is made in good faith, to enable said applicant to support herself and her children, dependent upon her, viz. : , aged years; , aged years [etc.]. 1171 Sole Traders. Forms 3373, 3374 2. That the reason of insufficient support from her said husband is that he is out of health and unable to work at his trade a major portion of the time. 3. That applicant has no legal grounds for divorce. 4. That the money to be invested in said business is obtained and loaned from a friend of petitioner. Now, therefore, by virtue of the law and the premises, it is ordered, adjudged, and decreed that she, the said , be and is hereby author- ized and empowered to carry on, in her own name and on her own account, as a sole trader, the business specified in said notice and peti- tion, as follows, to wit: that of buying and selling goods, wares, and merchandise, and keeping a general variety store in said county of . Done in open court this day of , 19 — . , Judge. NOTE.— See Cal. Code Civ. Proc, sec. 1817. No. 3373. Affidavit Required of Sole Trader. [Title of Court and Cause.] I, , do, in the presence of Almighty God, solemnly swear that this application was made in good faith, for the purpose of enabling me to support myself, and not with any view to defraud, delay, or hin- der any creditor or creditors of my husband; and that, of the moneys so to be used by me in business, not more than five hundred dollars ($500) has come, either directly or indirectly, from my hiisbnnd. So help me God. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— California, Code Civ. Proc, sec. 1818; Idaho, Rev. Codes 1907, sec. 5857_; Montana, Rev. Codes 1907, sec. 7380. A certified copy of the decree, vrith the above oath indorsed thereon, must be recorded "with the county recorder before the applicant becomes a sole trader: See Cal. Code Civ. Proc, sec. 1818. No. 3374. Complaint Against Sole Trader. [Title of Court and Cause.] 1. That the defendant is the wife of one . 2. That on the day of , 191 — , by a decree of the court of the county of , in this state, the defendant was decreed a sole trader; and at the time of making the note hereinafter mentioned, the defendant was, and still is, a sole trader, caiTying on business as a milliner, at . 3. That on the day of . 191 — , at , the plaintiff sold and delivered to the defendant, at her request, goods of the value of dollars ($ ), which were used by the defendant in her said business as sole trader. Cowdery's Form Book. 1172 4. That in consideration thereof, the defendant, as sole trader, made her promissory note, of v/hich the following is a copy: . 5. That she has not paid the same. Wherefore [etc.]. [Signature,] SPECIFICATIONS. Specifications for a Composition of Matter, No. 2930. Specification for a Design, No. 2931. Specifications for a Machine. No. 2928. Specifications for a Process, No. 2929. STATUTE OF FRAUDS. statute of Frauds — Answer — No Note or Memorandum, etc.. No. 331. Statute of Frauds — Answer — Marriage, No. 332. Statute of Frauds — Answer — No Performance Within a Year, No. 333. STATUTE OF LIMITATIONS. statute of Limitations — Answer — In General, No. 334. Statute of Limitations — Answer — Specific Section, No. 335. STIPULATIONS. 3375. Stipulation as to facts. 3376. Stipulation admitting facts and that allegations in complaint are true. 3377. StiDulation to admit testimony given in another case. 3378. Stipulation to admit deed as prima facie title to land and specifying objections that may be raised thereto. 3379. Stipulation that cause he submitted on a single issue. 3380. Stipulation for filing of amended pleading and submission of cause. 3381. Stipulation that proceedings be stayed until decision is rendered in another cause, and providing for judgment. CROSS-REFERENCES. Stipulation Admitting Facts and That Allegations in Complaint are True, No. 3376. Stipulation as to Facts, No. 3375. Stipulation for Filing of Amended Pleading and Submission of Cause, No. 3380. Stipulation Revoking Submission, No. 414. Stipulation That Cause be Submitted on a Single Issue, No. 3379. Stipulation to Take Deposition of Witness, No. 1538. Stipulation to Take Deposition Without Notice or Commission, No. 1539. Stipulation Transferring Case, No. S66a, 1173 Stipulations. Forms 3375, 3376 No. 3375. Stipulation as to Facts. [Title of Court and Cause.] It is stipulated between the parties hereto as follows: Tliat , the plaintiff, was, on the day of , 191—, a real estate ai,^ent ; that, at the same time, , the defendant, owned a tract of land in townsliip, county of , state of ; tliat botli plaintiff and defendant reside in said township; that on said day it was verbally agreed between plaintiff and defendant that if plaintiff within months Avould tind a pureliaser who would pay — ■ — dollars (■$ ) for said land, that defendant, on demand, would pay plaintiff the sum of dollars ($ ) ; that on the day of , 191—, plaintiff found a purchaser, to whom defendant, on , 191 — , gi-anted said land for dollars ($ ) ; that on the day of said month of ■ plaintiff demanded of defendant dollars ($ ), which de- fendant refused to pay, and never has paid. It is further stipulated that this controversy shall be and the same is hereby submitted for judgment without further testimony. Dated , 191—. [Signatures.] [Affidavit.] NOTE.— See Cal. Code Civ. Proc, sec. 1138. No. 3376. Stipulation Admitting Facts and That Allegations in Com- plaint are True. [Title of Court and Cause.] It is hereby stipulated that this action was commenced in May, 1883. That John Draghicevich, the plaintiff, died on the twenty-second day of August, 1883, while he and defendant were still copartners, as al- leged in plaintiff's complaint heVein. That no receiver was or ever has been appointed in this action. That after the death of the said plaintiff, the defendant, as he was advised and believed it to be his duty, took as surviving partner of said copartnership into his business all the personal property of said part- nership belonging thereto at the date of the death of said decedent, for the purpose of winding up the business of said copartnership, and ever since has been engaged in winding up the affairs of said copai'tnership. That on the eighteenth day of June, 1883, the plaintiff and defendant entered into the submission attached to the defendant's answei", and marked Exhibit "A." And all the allegations of said answer in refer- ence to the arbitration in pursuance of said submission, and the acts of the parties thereunder subsequent to said arbitration agreement, and to the date of the death of decedent, are true, as in said answer alleged. It is further stipulated that this action shall be submitted for deci- sion of the court upon the foregoing facts, and upon the further stipu- Forms 3377, 3378 Cowdery's Form Book. 1174 lation.tliat all the allegations contained in said complaint are true, and upon the answer of defendant as the pleading in said action. Dated, San Jose, February 19, 1884. Wm. L. Gill, Plaintiff's Attorney. Burt & Pfister, Attorneys for Defendant. NOTE.— Precedent in Draghicevich v. Vulicevich, 76 Cal. 379, 18 Pac. 406. No. 3377. Stipulation to Admit Testimony Given in Another Case. [Title of Court and Cause.] Stipulated that the testimony of D. A. Bangs, as given and taken down by the phonograpliie reporter on the trial of the case of Jolm Treadwell against said defendants, W. F. Whittier et al., when writ- ten out in long-hand and certified as correct by said reporter, may be read and used in the trial, or in any proceedings in the case of George J. Smith V. W. F. Whittier et al, with like force and effect as if said Bangs was on the stand and testifying in open court, subject only to such objections or exceptions as might be made if said Bangs was testifying in open court in said last-named cause, and also subject to the right of defendants' attorney to contradict or impeach said Ban?s on any matter testified to by him, without first calling his attention thereto, or making preliminary proof as to such contradictory matter. San Francisco, November 1, 1884. McAllister & Bergin, Attorneys for Defendants. Lloyd & Wood, Attorneys for Plaintiff. NOTE.— Precedent in Smith v. Whittier, 95 Cal. 279, 286, 30 Pac. 529. No. 3378. Stipulation to Admit Deed as Prima Facie Title to Land and Specifying Objections That may be Raised Thereto. [Title of Court and Cause.] It is hereby stipulated by and between the parties to the above- entitled action, as follows: Tliat the deed of William Mitchell, tax collector, to the said plaintiff, of the land in dispute in said action, offered in evidence by the plaintiff, is prima facie proof of title to said land, subject to attack by defendant upon the grounds only: 1. That the statute under which Montgomery Avenue is alleged to have been opened gave no authority to the board of public works, or to the county court of said city and county, to act in the premises, as in said act provided. 2. That the board of public works, as provided for in said act, never acquired jurisdiction over the matters alleged to have been determined by them under the alleged authority of said act. 1175 Stipulations. Forms 3379, 3380 3. That the alleged report of said board to said county court, as pro- vided for in said act, was unauthorized and void. 4. That said county court had no jurisdiction to confirm said report, and that the confirmation thereof was unauthorized and void. 5. That no assessment for any tax on the property in said act described is by said act authorized. 6. That by said act no povvcr is given to any tax collector to sell any premises for nonpayment of any tax nor to deliver any deed under such sale. All other defenses and objections to the plaintiff's title are hereby expressly waived ; in consideration of which, each party agrees to press said case to as speedy adjudication thereof as is possible, and either party may read in evidence on the trial any book, petition, exhibit or evidence used or taken in the trial of Dutertrc v. Ford, case No. 48<'0 in said court, subject to any legal exceptions that may be taken thereto. Dated, San Jose, February 19, 1884. Wra. L. Gill, Plaintiff's Attorney. Burt & Pfister, Attorneys for Defendant. NOTE.— Precedent in Mulligan v. Smith, 59 Cal. 206, 220. No. 8379. Stipiilation That Cause be Submitted on a Single Issue. [Title of Court and Cause.] For the purpose of this action it is agreed: That on the fifth day of November, 1855, Sanders & Brenham owned and possessed one equal undivided half of Hundred Vara Lot Number Two Hundred and Fifty- three. That plaintiff claims to have Sanders & Brenham 's title to said undivided half of said lot, under attachments and judgment sales against Sanders & Brenham, and not otherwise, and said defendants claim to have Sanders & Brenham 's title to said undivided half of said lot, under attachments and judgment sales Sanders & Brenham, and not otherwise; and that the sole issue to be tried herein is, which parly to this suit has succeeded to the title of Sanders & Brenham. Dated, San Jose, February 19, 1884. Wm. L. Gill, Plaintiff's Attorney. Burt & Pfister, Attorneys for Defendant. NOTE.— Precedent in Bagley v. Ward, 37 Cal. 121, 123, 99 Am. Dec. 256. No. 3380. Stipulation for Filing of Amended Pleading and Submission of Cause. [Title of Court and Cause.] It is mutually stipulated and aorocd by and between the parties to this cause, their counsel and attorneys respectively, as follows: Form 3381 Cowdery's Foem Book. 117G First. That defeiulants, James Johnston, Jr., John F. Johnston and Francis T. Johnston (the two last by their guardian), shall file as of this date their amended answer and cross-complaint in this cause. That the verification of said answer and cross-complaint is waived. Second. That the defense of the statute of limitations in said an- swer be deemed denied, and that the answer of the plaintiff to the original cross-complaint be and is hereby taken as the answer of the plaintiff to the amended complaint. Third. That the answer of Parker Nicholson to the original cross- complaint of James Johnston, Jr., John F. Johnston and Francis T. Johnston, be taken as his answer to the amended cross-complaint, this daj^ filed. Fourth. That this case be submitted to the court for trial and deci- sion on the testimony heretofore taken, on Wednesday next, either party to offer such additional testimony as they may be advised. Dated this twenty-eighth day of May, 1877. Campbell, Fox & Campbell, H. C. Campbell, Attorney for Plaintiff. C. N. Fox, Attorney for Defendant Parker Nicholson. Sol. A. Sharp, W. H. Tompkins, Attorneys for James Johnston, James Johnston, Jr., John F. Johnston and Francis T. Johnston (by Guardian). NOTE. — Precedent in Johnston v. San Francisco Sav. Union, 63 Cal. 554. No. 3381. Stipulation That Proceedings be Stayed Until Decision is Rendered in Another Cause, and Providing for Judgment. [Title of Court and Cause.] This cause beingc called regularly for trial, the parties appearing by their respective attoi'neys, and both parties consenting in open court that the issues in this cause are identical with those of the other action pending in this court, No. 4799, entitled Lucy Gillmore v. The Lycoming Fire Insurance Company of Muncy, Pa. : It is stipulated and agi-eed that all proceedings herein shall be stayed until final judgment and decision in said action wherein The Lycoming Fire Insurance Company of Muncy, Pa., is defendant, and in case of an appeal in said last-mentioned action, then said proceedings are stayed until the final determination of such appeal, and upon such final deter- mination, judgment and decision in said action wherein said The Lycom- ing, etc., is defendant, either party, without notice, shall and may cause to be entered a judgment in this action corresponding to and like the said final judgment, and of the same date in said other action; and if such judgment shall be for the plaintiff, the amount for which the same 1177 Stockholder's Liability. Form 3400 sliall be entered shall be six hundred and fifty dollars and costs; and if for the defendant, then for its costs allowed by law. An order pursuant to this stipulation shall be entered in the minutes of this court, twelfth of May, 1897. [Signatures.] NOTE. — Precedent in Gillmore v. American Cent. Ins. Co., 65 Cal. 63. 2 Pac. 882. STOCKHOLDER'S LIABILITY. 3400. Complaint by creditor against stockholder on stockholder's HaMlity. No. 3400. Complaint by Creditor Against Stockholder on Stockholder's Liability. [Title of Court and Cause.] Tlie plaintiff complains, and alleges: 1. That at all the times herein mentioned the company was and still is a corporation created under the laws of this state, and having a capital stock of dollars, divided into shares of the par value of dollars each. 2. That on the day of the said corporation made, executed and delivered to plaintiff its promissory note in the words and figures following, to wit [here set out copy of note], and that plaintiff is now the owner and holder thereof. 3. That on the date last mentioned there were issued and outstanding shares of the capital stock of said corporation, and that defendant was on said date the owner of thereof. 4. That no part of the principal or interest on said note has ever been paid and the whole thereof is now due, owing and unpaid. Wherefore plaintiff prays judgment [etc.]. [Signature.] SUBCONTRACTOR'S LIEN. See Lien. SUBIMISSION OF CONTROVERSY. Submission of Controversy Without Action, No. 302. Cowdery's Form Book. 1178 SUBPOENA. 3430. Subpoena to appear before court of record In civil proceeding. 3431. Subpoena — Civil action — Justice's court. 3432. Subpoena to appear before court of record in criminal action. 3433. Subpoena to appear before court of record in criminal action — Oregon. 3434. Subpoena — Criminal action — Justice's court. 3435. Subpoena for nonresident witness. 3436. Affidavit for order for nonresident witness to attend, 3437. Order for nonresident vntness to attend. 3438. Subpoena to appear before grand jury. 3439. Subpoena to appear before grand jury — Oregon. 3441. Subpoena of justice of the peace — Colorado. 3442. Subpoena of justice of the peace— Oregon. 3443. Subpoena — Justice of the peace — Washington. 3445. Subpoena to appear before magistrate — Oregon. 3446. Subpoena to appear before notary public. 3447. ^_ffidavit of service of subpoena in civil proceeding. 3448. Affidavit of service of subpoena in criminal action. 3449. Certificate of service of subpoena in civil proceeding. 3450. Certificate of service of subpoena in criminal action. 3451. Complaint against witness for disobeying subpoena. 3452. Application for subpoena to compel a subscribing witness to attend before an officer to prove the execution of a conveyance. CROSS-REFERENCES. Subpoena on Arbitration, No. 398. Subpoena to Alleged Bankrupt, No. 635. INTRODUCTORY NOTE. In California, a subpoena may be signed and issued by: 1. A magistrate before whom a complaint is laid for a witness in the state, either on behalf of the people or of the defendant; 2. The district attorney for witnesses in the state in support of the prosecu- tion, or for such other witnesses as the grand jury, upon an in- vestigation, pending before them, may direct; 3. The district at- torney for witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried; 4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the state, as the de- fendant may require. If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena: "And you are required also, to bring with you the following." [Describing in- telligently the books, papers, or documents required.] No person is obliged to attend under subpoena out of the county of his residence unless upon affidavit of the district attorney, or 1179 Subpoena. Form 3430 prosecutor, or of the defendant, or his counsel, stating that he be- lieves the evidence material, and his attendance and examination necessary. A justice of the supreme court or a judge of a superior court indorses on the subpoena an order for the attendance of the witness: Pen. Code, sees. 132G-1330. It may be served by any person. Service is made by showing the orii;inal to the witness personally and informing him of its contents: Id., sec. 1238. If the witness attends from out of the county upon the order of tlie court, or if he is poor, the court may order his expenses paid: Id., sec. 1329. If served by a sheriff or other peace officer, he must make a writ- ten return of service : Id., sec. 1328. N'OTE. — See Alaska, Comp. Laws 1913, sees. 1456, 2361 et seq.; Arizona, Eev. Stats. (Civ. Code 1913), sees. 1682-1684; California, Code Civ. Proc, sec. 19S5 et seq.; Pen. Code, sec. 1326 et seq.; Colorado, Mill's Ann. Stats. 1912, sees. 1873, 8079; Hawaii, Rev. Code 1915, sec. 2552 et seq.; Idaho, Eev. Codes 1907, sees. 6035, 8149; Kansas, Gen. Stats. 1915, sees. 7224, 80S0; Montana, Rev. Codes 1907, sec. 9487; Nebraska, Rev. Codes 1913. sec. 7915 ct seq.; Nevada, Rev. Laws 1912, sec. 5432 et seq.; New Mexico, Stats Ann. 1915, sees. 5895, 5896; North Dakota, Comp. Laws 1913, sees. 7873, 11,028; Okiahoma, Harris & Day's Code 1910, sees. 5052, 6014; Oregon, Lord's Oregon Laws, see. 812 et seq.; South Dakota, Comp. Laws 1913, sees. 5261, 7520 et seq.; Utah, Comp. Laws 1907, sees. 3417, 5017 et seq.; Washington, Rem. Code, sec. 1216 et seq.; Wyoming, Comp. Stats, 1910, sec. 5923. No. 3430. Subpoena to Appear Before Court of Record in Civil Pro- ceeding. [Title of Court and Cause.] The People of the State of to , Greeting. We command you that, all business and excuses being laid aside, you appear and attend before the superior court of tlie state of , in and for the county of , at the courtroom of said court, at the courthouse in said county, on the day of , 19 — , at o'clock A. M. of said day, then and there to testify as a witness in the above-entitled action on the part of the plaintiff [or, defendant. In case books, papers, etc., are required, add the sentence: "and that you bring with you the following " (intelligibly describing the books, documents, or other things under the control of the witness, and which he is required to bring)] ; and for a failure to attend you will be deemed guilty of a con- tempt of court, and liable to pay all losses and damages sustained thereby to the parties aggrieved, and forfeit one hundred dollars ($100) in addition thereto. Witness the Honorable , judge of tlio said court, at , in the county of , state of , and the seal of said court, this day of , 19 — •. Forms 3431, 3432 Cowdery's Form Book. 1180 Attest my baud and the seal of said court the day and year last above written. [Seal] , Clerk. By , Dejiuty Clerk. [Indorsement of service.] NOTE.— See Cal. Code Civ. Proc. sees. 1985, 1991, 1992. No. 3431. Subpoena — Civil Action — Justice's Court. [Title of Court and Cause.] The People of the State of California Send Greeting to H. H. B. and W. H. K.: We command you that you appear and attend before the undersigned, one of the justices of the peace of said township, in said Sacramento county, at his office, southeast corner of Sixth and A Streets, Sacra- mento, on the seventeenth day of May, 1917, at one o'clock P. M., then and there to testify in the above-entitled action, now pending before said justice on the part of the defendant; and for a failure to attend, you will be deemed guilty of a contempt of court, and liable to pay all losses and damages sustained thereby by the parties aggrieved, and for- feit one hundred dollars in addition thereto. Dated . [Signature.] No. 8432. Subpoena to Appear Before Court of Record in Criminal Action. [Title of Court and Cause.] The People of the State of to . You are commanded to appear before the superior court of the state of , in and for the county of , state of , at the courtroom of said court, at the courthouse in said county, at , on the day of , 19 — , at o'clock A. M. of said day, as a witness in a crim- inal action prosecuted by the peojile of the state of against . By order of the court. Given under my hand this day of , 19 — . [Seal] , Clerk. By , Deputy Clerk. [Indorsement of service.] NOTE.— California, Pen. Code, sec. 1327; Idaho, Rev. Codes 1907, sec. 8149; Montana, Rev. Codes 1907. sec. 9487; Utah, Comp. Laws 1907, sec. 5018. These forms are substantially alike, except that the style of process outside of California and Colorado is "The State of ^' instead of "The People of the State," etc 1181 Subpoena. Forms 3433-ol35 No. 3433. Subpoena to Appear Before Coiirt of Record in Criminal Action — Oregon. In the Name of the State of . To . You are hereby commanded to appear before the court for the county of , at , on , as a witness in a criminal action prose- cuted by the state of aj^ainst , on behal£ of the defendant. Witness my name and the seal of said court, affixed at , the ■ day of , 19 — . [L. S.] , Clerk. NOTE.— See Lord's Oregon Laws, sec. 1689. No. 3434. Subpoena — Criminal Action — Justice's Court. [Title of Court and Cause.] The People of the State of California, to S. H. and A. J.: You are commanded to appear before W. A. H., a justice of the peace of Hot Springs township, in the county of Napa, at the office of said justice, in said township, on the third day of June, 1917, at ten o'clock A. M., as a witness in a criminal action, prosecuted by the people of the state of California, against J, S., on the part of the people. [If documents are wanted as evidence, add, and you are required, also, to bring with you the following — describing intelligibly the books, pajaers, or documents required.] Dated . p„. ^ , [Signature.] [Indorsement of Service:] I hereby certify that I have served the within subpoena by showing the within original to the within named S. H. and A. J. personally, and informing each one of them of the contents thereof, on or prior to the third day of June, 1917, at the county of Napa. [Signature.] NOTE.— See Cal. Pen. Code, sec. 1326. No. 3435. Subpoena for Nonresident Witness. [Title of Court and Cause.] The People of the State of , to . You are commanded to appear before the superior court of the county of , state of , at the courtroom of said court, at tlie courtliouse in the said county of , on the day of , 19 — , at o'clock A. M., as a witness in a criminal action prosecuted bj' the people of the state of against , on the part of the people of the state afore- said. Given under my hand this day of , 19 — -. , District Attorney. [Indorsement of service.] NOTE.- See Cal. Pen. Code, sec. 1.S30. Forms 3436-3438 Cowdery's Form Book. 1182 iro. 3436. Affidavit for Order for Nonresident Witness to Attend. [Title of Court and Cause,] State of , County of , ss. , district attorney of said county, being duly sworn, says that -, resident of the county of , state of , is a necessary and material witness for the people in the action of the people of the state of against , and he verily believes that the evidence of the said is material, and that his attendance at the trial of said action is necessary; wherefore he prays for an order for the attendance of said witness. [Signature.] Subscribed and sworn to [etc.], [Seal] [Official signature.] NOTE.— See Cal. Pen. Code, sec. 1330. No. 3437. Order for Nonresident Witness to Attend. [Title of Court and Cause.] State of , County of , ss. Upon reading the foregoing affidavit, it is ordered by the Honorable • , judge of the superior court of said county, that do attend as witness before the honorable the superior court, at the courthouse of said county, as commanded by the foregoing subpoena. Done at the courtroom of said court, in the county of , this day of , 19 — . , Judge. [Indorsement.] NOTE. — When a witness who lives out of the county is to be summoned, an afiSdavit of the materiality of the evidence of the witness is necessary, and the "judge of the court in which the offense is triable, or a justice of the supreme court, or a judge of a superior court" must, in California, in- dorse on the subpoena an order for his attendance: See Cal. Pen. Code, sec. 1330. No. 3438. Subpoena to Appear Before Grand Jury. [Title of Court and Cause.] The Peor)le of the State of to , , and You are commanded to appear before the grand jury of the county of , state of , at the gi-and jury room, in the city of , at the courthouse in said county, on the day of , 19 — , at o'clock A. M., as witnesses in a criminal action prosecuted by the people of the state of against . Given under my hand this day of , 19 — . , District Attorney. 1183 Subpoena. Forms 3439-3142 No. 3-139. Subpoena to Appear Before Grand Jury — Oregon. In the Name of the State of . To . You are hereby commanded to appear before the grand jury of the county of , at , on — — , as a witness before said grand jury. Dated the day of , 19—. , District Attorney. NOTE.— See Lord's Oregon Laws, sec. 1689. No. 3441. Subpoena of Justice of the Peace — Colorado. [Title of Court and Cause.] State of , County of , ss. The People of the State of to . You are hereby required to appear before me, at my office, on the day of , 19 — , at o'clock A. M., then and there to testify the truth in a matter in suit, wherein is plaintiff and is defend- ant ; and this you are not to omit under the penalty of the law. Given under my hand and seal this day of , 19 — . , J. P. [L. S.] NOTE.— See Colorado, Mill's Ann. Stats. 1912, sec. 4308. No. 3442. Subpoena of Justice of the Peace— Oregon. State of , County of . Civil action to recover money. [Title of Cour* and Cause.] To . In the name of the state of , you are hereby required to appear before the undersigned, a justice of the peace for the prccinot aforesaid, at the office of such justice in such precinct, on the day of , 19 — , at o'clock in the forenoon of said day, to testify as a witness on behalf of the plaintiff in the above-entitled action. Given under my hand this day of , 19 — ■. , Justice of the Peace. NOTE.— See Lord's Oregon Laws, p. 1046 If books, papers, or other thin<;3 under the control of the witnes? are also desired, there should be addod to the above the followiiTT direction: "and you are further required to bring with yon the folhiwing-nainod books, papers, or other things, namely" (describing them with reasonable particu- larity). Forms 3443-3446 Cowdery's Form Book. 1184 No. 3443. Subpoena— Justice of tlie Peace— Washington. [Title of Court and Cause.] State of , County of , ss. To . In the name of the state of , you are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, on the day of , 19—, at o'clock in the forenoon at his office in , to give evidence in a certain cause, then and there to be tried, between , plaintiff, and , defendant, on the part of jilaintiff. Given under my hand this day of , 19 — . -, Justice of the Peace. NOTE.— See Wash. Rem. Code, sec. 1890. No. 3445. Subpoena to Appear Before Magistrate— Oregon. In the Name of the State of . To . You are hereby commanded to appear before , at , on , as a witness on the examination of a criminal charge against , on behalf of the state. Dated the day of , 19—. [Official signature.] NOTE. — See Lord's Oregon Laws, sec. 1689. No. 3446. Subpoena to Appear Before Notary Public. [Title of Court and Cause.] The People of the State of Send Greeting to . We command you that, all business and excuses being set aside, you appear and attend before me, the undersigned, , a notary public in and for the county of , state of , at my office in , in said county, on the day of . 19—, at o'clock A. M., then and there to testify in the above-entitled cause now pending in said superior court, on the part of plaintiff and for failure to attend you will be deemed guilty of contempt of court, and liable to pay all losses and dam- ages sustained thereby to the parties aggrieved, and forfeit one hundred dollars ($100) in addition thereto [if books or papers are also wanted, add: "and that you then and there produce the following ^ " (naming and describing the books, papers, documents, or other things wanted)]. Dated the day of , 19 — . Attest my hand and the seal of my office, the day and year last above written. [Seal] [Official signature of clerk.] NOTE.— See Cal. Code Civ. Proc, see. 1986, and Cal. Civ. Code, sec. 1201. nS5 Subpoena. Forms 3447-3149 No. 3447. Affidavit of Service of Subpoena in Civil Proceeding. [Title of Court and Cause.] State of , County of , ss. -, of said county, being duly sworn, says that he served the within subpoena, by showing the said within original to each of the following persons named therein, and delivering a true copy thereof to each of the said persons, personally, on the day of , 19 — , at the county of , to wit, , who did not demand fees, and , who demanded and received his fees, dollars ($ ). [Signature.] Subscribed and sv\'orn to [etc.]. [Official signature.] [Indorsement.] NOTE.— See Cal. Code Civ. Proc, sees. 1987, 2009. The subpoena may be served by delivering a ticket containing its sub- stance, as well as by delivering a copy: See Cal. Code Civ. Proc, sec. 19S7 If the subpoena is served by a priTate person, his aflfidavit of service is )/>• dorsed thereon. No. 3448. Affidavit of Service of Subpoena in Criminal Action. [Title of Court and Cause.] State of , County of , ss. , of said county, being duly sworn, says that he served the within subpoena, by showing the said within original to each of the following persons named therein, and informing each of said persons of the con- tents thereof, personally, on the day of , 19—, at said county and state, to wit: , , and . [Signature.] Subscribed and sworn to [etc.]. [Official signature.] [Indorsement.] NOTE.— See Cal. Code Civ. Proc, sec 2009, and Cal. Pen. Code, sec. 1328. No, 3449. Certificate of Service of Subpoena in Civil Proceeding. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I ser\'ed the within subpoena by showing the said within original to each of the following persons named therein, and delivering a true copy thereof to each of the said persons, person- ally, on the day of , 191—, at the county of , to wit : , Form Book — 75 Forms 3450, 3451 Cowdery's Form Book. 1186 ■who did not demand fees, and , who demanded and received his fees, dollars ($ ), Dated , 191—. , Sheriff. By , Deputy Sheriff. Fees, $ . Service, $ . Mileage, $- [Indorsement.] NOTE.— See Cal. Code Ciy. Proc, sec. 1987. No. 3450. Certificate of Service of Subpoena in Oriminal Action. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I served the within subpoena on the day of , 191 — , on , , and , being the witnesses named in said subpoena, at the county of , by showing the original to each of said witnesses, personally, and informing each of them of the contents thereof. Dated , 191—. [Signature.] [Indorsement.] NOTE.— See Cal. Pen. Code, sec. 1328. No. 3451. Complaint Against Witness for Disobejring Subpoena. [Title of Court and Cause.] The plaintiff complains, and alleges: 1. That on the third day of February, 1917, at P., the plaintiff caused the defendant to be duly served with a subpoena commanding him to attend as a witness in the superior court, in and for the county of Kern, in this state, on the fifth day of February, 1917, there to give testimony on behalf of the plaintiff in an action in said court pending, wherein this plaintiff was the plaintiff, and one C. D. was defendant [or, other- wise designate the proceedings]. 2. That at the same time the plaintiff caused $2, the lawful fees of the said witness, to be paid [or, tendered] to him. 3. That defendant failed to attend as commanded, whereby the de- fendant became indebted to the plaintiff in the amount of $500, accord- ing to the provisions of the statute [describe the statute]. 4. That by reason of the premises, the defendant forfeited to the plaintiff the sum of $350. [If special damages are claimed, add:] 5. And for a second cause of action the plaintiff alleges that because of the said failure of the said defendant to attend said trial as such witness as aforesaid, the plain- tiff, when said action was called for trial, was compelled, for want of 1187 Subpoena — Substitution of Attorney. Forms 3152, 3480 the testimony of said defendant, without whose testimony he could not safely proceed to the trial of said action, to move the said court to continue the said action; and said court did continue the same, and the plaintiff was compelled to pay on said continuance, as costs, $500, which sum he was compelled to pay by reason of the said failure of said defendant to attend as such witness aforesaid, to the damage of plaintiff in the sum of $500. Wherefore [etc.]. [Sigrnature.] No. 3452. Application for Suhpoena to Compel a Subscribing Witness to Attend Before an Ofacer to Prove the Execution of a Conveyance. To J. M., Esq., Notary Public [or Other Officer Authorized to Take Acknowledgments] of the City and County of San Francisco: I, E. F., do hereby make application to you to issue a subpoena, re- quiring A. B. to appear and testify before you, touching the execution of a certain conveyance of real estate, made and executed by C. D., to me, the said E. F. [or if the application is made by the heir or personal representative of the grantee, name such grantee], and to which the said A. B. is a subscribing witness; the said A. B. having refused, upon my request, to appear and testify touching the execution of the said conveyance ; and the same not having been proved or acknowledged, can- not be so proved or acknowledged without the evidence of the said A. B. Dated the second day of May, 1905. [Signature.] Subscribed and sworn to before me this second day of May, 1905. J. M., Notarv Public. NOTE.— California, Civ. Code, sec. 1201. SUBSCRIPTION. Subscription Agreement of Corporation to be Formed — Several Counter- parts, No. 1311. Subscription for the Accomplishment of an Object of Interest to All, No. 1177. Subscription to Take Stock in Corporation to be Formed, No. 1312. SUBSTITUTION OF ATTORNEY. 3480. Substitution of attorney. 3-181. Notice of acceptance of substitution No. 3480. Substitution of Attorney. [Title of Court and Cause.] I hereby substitute and attorneys for the plaintiff in the above-entitled action in my place and stead. [Place and date.] , Attorney for Plaintiff. NOTE.— See Cal. Code Civ. Proc, sees. 284, 285. Forms 3481-3501 Cowdery's Form Book. 1188 No. 3481. Notice of Acceptance of Substitution. [Title of Court and Cause,] To . You will please take notice hereby that we accept the substitution of ourselves attorneys for the plaintiff in the above-entitled action in your place and stead. [Signatures.] NOTE.— See Cal. Ck)de Civ. Proc, sees. 284, 285. SUBSTITUTION OF PARTIES. 3500. Affidavit for substitution of party. 3501. Notice to plaintiff of application for substitution of party defend- ant — Justice's court. 3502. Conditional order of substitution of party — Justice's court. 3503. Order of substitution — Justice's court. 3504. Notice of substitution of parties plaintiff. No. 3500. Affidavit for Substitution of Party, [Title of Court and Cause.] State of , County :)f , ss. , being duly sworn, says that he is the defendant in the above- entitled action, and has been served with summons therein, but has not answered; that said action is prosecuted against him to recover the sum of dollars ($ ) upon a certain contract; that , not a party to said action, makes a demand against affiant upon such con- tract, and without any collusion with affiant, but in good faith; that he has, since said action was commenced, made such demand of de- fendant ; and that affiant has no interest in such contract. Wherefore affiant applies to this court for an order stibstituting the said as defendant herein in place of affiant, and to discharge affiant from liability to either party in said action. [Signature.] [Jurat.] [Official signature.] NOTE.— California, Code Civ. Proc, sees. 385, 386; Alaska, Comp Laws 1913, sees. 870-873; Arizona, Kcv. Stats. 1913, par. 746; Idaho, Eev. Codes 1907, sec. 4109; Montana, Rev. Codes, 1907, sees. 6494, 6495; Washington, Eem. Codes, sec. 198. No. 3501. Notice to Plaintiff of Application for Substitution of Party Defendant — Justice's Court. [Title of Court and Cause.] You will please take notice that defendant will, on the third day of April, A. D. 1917, at the office of E. R., Esq., justice of the peace, at the town of C, county of M., at the hour of ten o'clock A. M. of tliat day, apply to said justice of the peace for an order substituting 1189 Substitution of Parties. Forms 3502-350-i H. N. as defendant in this action, in place of defendant, and discharging said defendant from liability in said action. Said motion will be based on the pleadings herein, and the affidavit of defendant, a copy of which is served herewith, and will be made on the ground that defendant has no interest in the result of said action, and that said H. N. is the real party in interest therein. [Signature.] NOTE.— California, Code Civ. Proc, sees. 385-387. No. 3502. Conditional Order of Substitution of Party— Justice's Court. [Title of Court and Cause.] On reading and filing the affidavit of J. N., filed herein, and sufficient cause existing therefor, it is ordered that defendant herein, J. N., be discharged as defendant and from all liability herein, and that H. N. be substituted in his place, upon said J. N. delivering the stallion "H. L. B." to W. F., the sheriff of M. county. NOTE.— California, Code Civ. Proc, sees. 385, 386. No. 3503. Order of Substitution— Justice's Court. [Title of Court and Cause.] W. F., the sheriff of the county of M., having filed with me a receipt acknowledging that he has received from J. N. the stallion "H. L. B.," in controversy in this action, it is ordered that J. N. be and he is dis- charged from this action as a defendant therein, and from all liability therein, and that H. N. be and he is hereby substituted defendant in place of said J. N. NOTE.— California, Code Civ. Proc, sec. 386. No. 3504. Notice of Substitution of Parties Plaintiff. [Title of Court and Cause.] To , Defendant, and , Attorney for Defendant. You and each of you will please take notice, and are hereby notified, that by an order of the above-named court, duly given and made, the above-named , executor of the last will and testament of , deceased, as such executor, and , as heir of said , deceased, have been substituted as plaintiffs in the above-entitled cause. Dated , 191—. , Attorney for Plaintiff. NOTE.— California, Code Civ. Proc, sees. 385-387; Idaho, Code Civ. Proc, sees. 3174-3178; Montana, Bev. Codes, sees. 6494, 6495; Washington, Rem. Codes, see. 193. Cowdery's Form Book. 1190 SUMMONS. 8535. Summons— General form. 3536. Summons — Colorado. 3537. Summons — Montana. 3538. Summons — North Dakota. 3539. Siuumons — Utah. 3540. Summons — Washington. 3541. Summons for publication — Washington. 3542. Summons out of municipal court — Utalh 3543. Summons — Justice's court. 3544. Alias summons — Justice's court. 3545. Summons — Justice's court — Colorado. 3546. Summons — Justice's court — Oregon. 3547. Summons — Justice's court — Utah. 3548. Summons — Justice's court — Washington. 3549. Complaint and notice — Justice's court — Washington. 3550. Notice where service of summons is by publication — Justice's conrt— Washington. 3551. Return, and certificate of service, by ofllcer — Justice's court. 3552. Affidavit of service of summons. 3553. Certificate to be attached to summons to be served out of the county — Justice's court. 3554. Alias summons in action to foreclose liens on chattels or trespassing animals — Justice's court — North Dakota. 3555. Statement, in summons, of cause of action on an account stated, and for money loaned, and goods sold. 3556. Statement, in summons, of cause of action on promissory note. 3557. Statement, in summons, of cause of action for money loaned and advanced. 3558. Statement, in summons, of cause of action for payment of proceeds of sale. 3559. Statement, in summons, of cause of action for street assessment. 3560. Statement, in summons, of cause of action on bond and mortgage. 3561. Statement, in summons, of cause of action for commissions on sales, conversion of proceeds of sales, etc. 3562. Eetuni, and certificate of service by officer. 3563. Eetuin, and certificate of service upon domestic corporation. 3564. Affidavit of service upon domestic corporation. 3565. Eeturn, and certificate of service upon foreign corporation. 3566. Afilclavit of service upon foreign corr oration. 3567. Eecum, and certificate of service upon minor defendant. 3568. Affidavit of service upon minor defendant. 3569. Return, and certificate of service upon person of unsound mind. 3570. A^ldavit of service upon person of unsound mind. 3571. Return, and certificate of service upon county, city or town. 3572. Affidavit of service upon county, city or town. 3573. Eeturn, and certificate of attempted service by sheriff, where certifi- cate of residence has been filed. 3574. Affidavit for publication where defendant resides out of the state. 3575. Order for publication where defendant resides out of the state. 3576. Afnclavit for publication where defendant cannot be found within the state. 3577. Order for publication where defendant cannot be found within the state. 3578. Affidavit that defendant is concealing himself to avoid service. 3579. Affidavit of mailing copy of sunnnons. 8580. Affidavit of publication. 3581. Summ.ons to corporation — Justice's court. ]191 Summons. Forms 3535, 3530 3582. Summons to corporation for violation of city ordinance — Justice's court — Utah. 3583. Summons to juror. 3584. Sununons — Alaska — Justice of the Peace. CROSS-EEFERENCES. Summons in Forcible Entry and Detainer, No. 1005. Summons in Forcible Entry and Detainer — Nevada, No. 1905. Summons in Forcible Entry and Detainer — New Mexico, No. 1907. Summons in Partition, No. 2863. Summons to Corporation (Criminal Case), No. 1331. Summons to Witness in Bankruptcy, No. 698. No. 3535. Siimnions— G-eneral Form. [Title of Court and Cause.] The People of the State of California Send Greeting to A. B. C, Defendant: You are liereby directed to appear and answer the complaint in an' action entitled as above, brought against you in the superior court of the county of Butte, state of California, within ten days after the service on you of this summons— if served within this county, or within thirty days if served elservliore. And you are hereby notified that unless you appear and answer as above required, the said plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract, or he will apply to the court for any other relief demanded in the complaint. Dated , [Signature.] NOTE.— See Alaska, Comp. Laws 1913, sees. 874-885; Arizona, Eev. Stats. (Civ. Code 1913), sees. 434-436; California, Code Civ. Proc, sec. 407 et seq.; Colorado, Mill's Ann. Code, sec. 34 et seq.; Hawaii, Eev. Code 1915 sec. 2350 et seq.; Idaho, Rev. Codes 1907, sees. 4140-4144; Kansas, Gen. Stats. 1915, sec. 6951; Montana, Rev. Codes 1907, sees. 6513-6526; Nebraska, Rev. Code 1913, sec. 7626; Nevada, Rev. Laws 1912, sees. 5018, 5727; Now Mexico, Stats. Ann. 1915. see. 4090; North Dakota, Comp. Laws 1913, sees. 7422 9021; Oklahoma, Harris & Day's Code 1910, sec. 4705; Oregon, Lorcis Oreffon Laws, sees. 52, 53; South Dakota, Comp. Laws 1913 sec. 4893 et seq.; Utah, Comp. Laws 1907, sec. 2939; Washington, Rem. Code, sees. 220-223; Wyoming, Comp. Stats. 1910, sec. 4351 et seq. No. 3536. Summons — Colorado. [Title of Court and Cause.] State of , County of , ss. The People of the State of to the Defendant, , Above Named, Greeting : You arc hereby required to appear in an action brought against you by the above-named plaintiff, , in the court of county state of . and answer the complaint therein within twenty days after the service hereof, if served within this county, or, if served out Forms 3537, 3538 Cowdery's Form Book. 1192 of this county, or by publication, within forty days after the service hereof, exclusive of the day of service, or judgment by default will be taken against you, according to the prayer of the complaint. Given under my hand and the seal of the court this day of , 191—. [Seal] • ' Clerk. NOTE.— See Colo. Mill's Ann. Code, sec. 35. This is the form where a copy of the complaint is served with the summons. Where a copy of the complaint is not served with the summons, or service is had by publication, the form must be varied to meet the requirements of the case. The summons may be signed by the clerk and directed to the de- fendant, to be issued under the seal of the court, or it may be signed and issued by the attorney for the plaintiff: See Colo. Kev. Stats. 19U8, p. 79, sees. 35, 37. No. 3537. Summons— Montana. [Title of Court and Cause.] To the Above-named Defendant: You are hereby summoned to answer the complaint in this action which is filed in the office of the clerk of this court, a copy oi which is herev/ith served upon you, and to file your answer and serve a copy thereof upon the plaintiff's attorney within twenty days after the ser- vice of his summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint. Witness my hand and the seal of said court this day of , 191—. [Seal] [Signature.] [Indorsement.] NOTE'.— See Mont. Rev. Codes 1907, sec. 6515, If summons is served by publication, a peueral statoment of the cause of action is added. The signature of the clerk is a matter of substance and a fundamental part of the summons. Without it, there is no summons: Shar- man v. Huot, 20 Mont. 555, 557, 63 Am. St. Rep. 645, 52 Pac. 558. If several defendants reside in the same county, and a copy of the com- plaint is served on one of them with the summons, the return of service need not show that all defendants reside in the county: Mantle v. Casey, 31 Mont. 408, 410, 78 Fac. 592. In an action to quiet title, where all the defendants reside 'in the same county, and are served with summons, and one of them is served with a copy of the complaint, his disclaimer filed of any interest in the land does not affect the service on the other defendants: Mantle v. Casey, 31 Mont. 408, 410, 78 Pac. 592. No. 3538. Summons — North Dakota. State of , County of , ss. [Title of Court and Cause.] The State of to the Above-named Defendant. You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer upon the subscriber within ten 1193 Summons. Forms 3539, 3540 days after the service of this summons upon you, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. [Signature.] Dated this day of , 191 — . NOTE.— See N. D. Comp. Laws 1913, sec. 7422. No. 3539. Summons— Utah. [Title of Court and Cause.] The State of to said Defendant. You are hereby summoned to appear within twenty days after ser- vice of this summons upon you, if served within the county in which this action is brought; otherwise, within thirty days after service, and defend the above-entitled action; and in case of your failure so to do, judgment will be rendered against you according to the demand of the comjjlaint. [Signature and postoffice address.] NOTE.— See Utah, Comp. Laws 1907, sec. 2939. If the complaint be on file at the time of the service of the summons, the words "which has been filed with the clerk of said court" shall be added after the word "complaint," at the end of the form. If the complaint is not on file at that time, there should be added, after the word "complaint," ''which, within ten days after service of this summons upon you, will be filed with the clerk of said court." When service of the summons is made by publica- tion, the summons shall also contain a brief statement of the object of the action; as, for example: "This action is brought to recover a judgment — ills- solving the marriage contract [or bonds of matrimonv] heretofore existing between you and the plaintiff"; or, "quieting plaintiff's title to the land described in said complaint"; or, "foreclosing plaintiff's mortgage upon the land [or other property] described in said complaint"; or other object. A summons in an action commenced by an officer in his official capacity must show his official character, or it will, on motion, be quashed : Hamilton V. Spiers, 2 Utah, 225. A summons which fails to state the time and place at which defendant shall appear and answer is fatally defective: Winters v. Hughes, 3 Utah, 443, 24 Pac. 759. No. 3540. Summons — Washington. [Title of Court and Cause.] The State of Washington to the said Defendant: You are hereby summoned to appear within twenty days after ser- vice of this summons, exclusive of the day of service, and defend the above-entitled action in the court aforesaid ; and in case of j'our failure so to do, judgment will be rendprcd against you, accordiu'ir to the demand of the complaint, which will be filed with the clerk of said court [or, a copy of which is herewith served upon you]. [Signature and postoffice address.] Forms 3541, 3542 Cowdery's Form Book. 1194 NOTE.— See Wash. Eem. Code, sec. 223. This summons, it will be noticprl. is issued by the plaintiff's attorney. Rem. & Bal. Code of Washington, section 224, provides when a copy of the complaint is to accompany the summons. A summons in substantial com- pliance with sections enumerating the necessary contents of a summons is good as against a general objection, first raised on appeal, though it may not have incorporated therein everything required by other sections of the statute: Wagnitz v. Bitter, 31 Wash. 343, 71 Pac. 1035. Under a statute requiring a summons, to be subscribed by the plaintiff or his attorney, a summons is sufficiently "subscribed" although it has a printed signature: Warner v. Miner, 41 Wash. 98, 82 Pac. 1033. It is not material, in a summons for publication, requiring the defendant to appear within sixty days after a specified date, that reference to the first publication is omitted, if the actual date thereof itself is given: Stubbs V. Continental Timber Co., 49 Wash. 431-433, 95 Pac. 1011. It is sufficient, in a divorce summons by publication, to state generally the relief demanded in regard to the property of the parties: Goore v. Goore, 24 Wash. 139, 63 Pac. 1092. A summons is void if it fails to state the day upon which the service would be complete, although the date of the first pablication is stated: Bauer V. Widholm, 49 Wash. 310, 95 Pac. 277. A summons that fails to state the year of the date of the first publication is void: McLean v. Lester, 48 Wash. 213, 214, 93 Pac. 208. A summons which requires the defendant to appear within sixty days after the service of the summons does not comply with the section embodying the above form, and is void: Silverstone v. Totten, 50 Wash. 447, 97 Pac. 491. The summons contains "a succinct statement of the relief demanded," if it shows that the plaintiff will ask a decree for the sale .of lands located in certain sections specifically described in the complaint: George v. Nowlan, 38 Or. 537, 543, 64 Pac. 1. No. 3541. Summons for Publication — Washington. [Title of Court and Cause.] The State of to the said . You are hereby summoned to appear within sixty days after the date of the first publication of this summons, to wit, within sixty days after the day of , 191 — , and defend the above-entitled action in the above-entitled court, and answer the complaint of the plaintiff, and serve a copy of your answer upon the undersigned attorney for plain- tiff, at his office below stated; and in case of your failure so to do, judgment v/Ul be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court. , Plaintiff's Attorney. [P. 0. address.] NOTE.— See Wash. Rem. Code, sec. 233. No. 3542. Summons Out of Municipal Court — Utah. [Title of Coiirt and Cause.] The State of to said Defendant. You are hereby summoned to appear before the above-entitled court within ten (10) days after the service of this summons upon you, if served within the county in which this action is brought; otherwise, 1195 Summons. Forms 3543, 3544 within twenty (20) days after tliis service, and defend tlie above- entitled action; in case of your failure to do so, judgment will bo rendered against you according to the demand of the complaint. Witness the Honorable , judge of said court, with the seal thereof, this day of , 191 — . [Seal] , Clerk. NOTE.— See Utah, Comp. Laws 1907, sec. 686x56. No. 3543. Summons — Justice's Court. [Title of Court and Cause.] The People of the State of Send Greeting to , Defendant. You are hereby directed to appear before me, the undersigned, at my office, in paid , at , and answer the complaint in an action entitled as above, brought against j-ou in the justice's court of tov>'nship, county of , state of , within five days, if the sum- mons is served in the city and county, township, or city, in which tlie action is brought; within ten days, if served out of the township or city, but in the county in which the action is brought; and within twenty days, if served elsewhere. And you are hereby notified that unless you appear and answer as above required, the plaintiff will take judgment for any money or dam- ages demanded in the complaint, as arising upon contract, or will apply to the court for the relief demanded in the complaint. Given under my hand [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 844, 845. If the plaintiff appears by attorney, the name of the attorney must be in- dorsed on the summons. If an order of arrest is indorsed upon the sum- mons, the time for the appearance of defendant must be "forthwith." In Idaho, in an action arising on a contract for the recovery of money or dam- ages only, the summons must contnin a notice that unless the defendant so appears and answers, the plaintiff will take judgment for the sum claimed by him (stating it) ; and in other actions a notice that unless defendant so appears and answers, the plaintiff will apply to the court for the relief demanded. If the plaintiff has appeared by attorney, the name of the attor- ney must be indorsed on the summons: See Idaho, Rev, Codes 1907, see, 4655. No. 3544. Alias Summons— Justice's Court. [Title of Court and Cause.] The People of the State of California Send Greeting to J. B., Defendant: You are hereby directed to appear before me at my office, at Browns Flat, in said tovvuiship, and answer the complaint in an action entitled as above, brought against you in the justice's court of Sears township, county of Butte, state of California, within five days after the service on you of this alias summons — if served within the city and county, township or city in which this action is brought; or, if served out of said township or city but in this county, within ten days; or v.itliin twenty Forms 3545, 3546 Cowdery's Form Book. 1196 daj's if served elsewlieie. The original summons in this action has been returned without being served. And you are hereby notified that unless you appear and ansAver as above required, the said plaintiff will take judgment for any money or damages demanded in the complaint, as arising upon contract or he will apply to the court for the relief demanded in the complaint. Given under my hand, this third day of June, A. D. 1917. [Signature.] NOTE.— California, Code Civ. Proe., sees. 408, 844-849. No. 3545. Summons — Justice's Court — Colorado. [Title of Court and Cause.] State of , County of , ss. The People of the State of to any Constable of said County, Greeting : You are hereby commanded to summon to appear before me, at , on the day of , 191—, at o'clock A. M., to answer the complaint of for a failure to pay him a certain demand, not exceeding three hundred dollars ($300), and hereof make due return as the law directs. Given under my hand and seal this day of , 191 — . , J. P. [L. S.] NOTE.— See Colorado, Mill's Ann. Stats. 1912, sec. 4285. No. 3546. Summons — Justice's Court — Oregon. State of , County of , [Title of Court and Cause.] (Civil Action to Recover Money.) To , the Above-named Defendant. In the name of the state of , you are hereby required to appear before the undersigned, a justice of the peace for the precinct afore- said, on the day of , 191 — , at o'clock in the forenoon of said day, at the office of said jiistice, in said precinct, to answer the above-named plaintiff in a civil action. The defendant will take notice that if he fail to answer the complaint herein the plaintiff v.ill take judgment against him for dollars ($ ) [or, for such other relief as is demanded in the complaint]. Given under my hand this day of , 191 — . , Justice of the Peace. NOTE.— See Lord's Oregon Laws, p. 1045. If an oral complaint is made, the justice must indorse on the summons the substance of the same. 1197 Summons. Forms 3547-354:9 No. 3547. Summons — Justice's Court— Utah. Before , Justice of the Peace. [Title of Court and Cause.] The State of to the Defendant. You are hereby summoned to appear before the above-entitled court within ten days after the service of this summons upon you, if served within the county in vv-hich this action is brouglit ; otherwise, within twenty days after this service, and defend the above-entitled action brought against you to recover [stating in general terms the nature of the cause of action] ; and in case of your failure to do so, judgment will be rendered against you according to the demand of tlie complaint. , Justice of the Peace. NOTE.— See Utah, Comp. Laws 1907, sec. 3676. In a number of the states, the summons, as was formerly required in Cah- fornia, must contain a sufficient statement of the cause of action, in genrral terms, to apprise the defendant of the nature of the claim against him: See Idaho, Kev. Codes 1907, see. 4655. No. 3548. Summons — Justice's Court — Washington. [Title of Court and Cause.] State of , County of , ss. To the Sheriff or any Constable of said County. In the name of the state of , you are hereby commanded to sum- mon , if he be found in your county, to be and appear before me, at , on the day of , 191— at o'clock A. M., to answer the complaint of , for a failure to pay him a certain demand, amounting to dollars and cents ($ ■ — ) upon [state briefly the nature of the claim] ; and of this writ make due service and return. Given under my hand this day of , 191—. , Justice of the Peace. NOTE.— See Wash. Eem. Code, sec. 17.58. The summons shall specify a date for the appearance and answer of the defendant, not less than six nor more than twenty days from the date of filing plaintiff's claim with the justice. No. 3549. Complaint and Notice— Justice's Court^Washington. [Title of Court and Causae.] State of , County of , ss. To In the name of the state of , you are hereby notified to be and appear at my office, in , on the day of , 191— at the Ijour of o'clock A. M., to answer the foregoing complaint, or judg- Forms 3550, 3551 Cowdery's Form Book. 1198 ment will be taken against you as confessed, and the prayer of the plaintiff granted. Dated , 191—. — — , Justice of the Peace. NOTE.— See Wash. Rem. Code, sec. 1759. No. 3550. Notice Where Service of Smmnona is by Publication — Jus- tice's Court — Washington. [Title of Court and Cause.] State of , County of , ss. To . In the name of the state of , yon are hereby notified that has filed a complaint against you in said court, which will come on to be heard at my office, in , in county, state of , on the day of , 191 — , at the hour of o'clock A. M., and unless you appear and then and there answer, the same will be taken as con- fessed, and the demand of the plaintiff granted. The object and demand of said claim is . Complaint filed , 191 — . , Justice of the Peace. NOTE.— See Wash. Rem. Code, sec. 1766. No. 3551. Return, and Certificate of Service, by Officer — Justice's Court. [Title of Court and Cause.] State of , County of , ss. To the Justice's Court of Township, County of , State of . I hereby certify that I received the annexed summons on the day of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant named in said summons, by delivering to and leaving with said defendant, per- sonally, on the day of , 191 — , in said county of , a copy of said summons attached to a copy of said complaint. [Official signature.] Dated this day of , 191—. NOTE.— California, Code Civ. Proc, sec. 849; Montana, Rev. Codes 1907, sec. 7003. In Montana, the service of a summons issued by a justice of the peace, vcithout a copy of the complaint, gives no jurisdiction: State v. Harrington, 31 Mont. 294, 297, 78 Pac. 485. The return on a summons issued by a justice of the peace is presumed to show all that was done by the person making the service: State v. Harring- ton, 31 Mont. 294, 297, 78 Pac. 485. 1199 Summons. Forms 3552, L5553 No. 3552. Affidavit of Service of Summons. [Title of Court and Cause.] State of California, City and County of San Francisco,— S3. J. S., being duly s-vvorn, dejioses and says: That he is, and was on the day when he served the annexed summons, a male citizen of the United States, over the age of eighteen years and is not a party to the above-entitled action; that he received the annexed summons in said action on the nineteenth day of August, 1917, and personally served the same upon R. R., the above-named defendant, on the said nineteenth day of August, 1917, by delivering to R. R., the said defendant, per- sonally, in the city and county of San Francisco, a copy of said summons, attached to a true copy of the complaint in said action therein named; and deponent further says that he knows the person so served to be the person named as defendant in said action. [Signature.] NOTE'. — In California, the summons may be served by the sheriff of the county where the defendant is found, or by any other person, over the age of eighteen, not a party to the action. A copy of the complaint must be served with the summons. When the summons is served by the sheriff, it must be returned, with his certificate of its service, and of the service of any copy of the complaint, where such copy is served, to the office of the clerk from which it issued. When it is served by any other person, it must be returned to the same place, with an affidavit of such person of its service, and of the service of a copy of the complaint, where such copy is served: Code Civ. P'roc, sec. 411. No. 3553. Certificate to be Attached to Summons to be Served Out of tbe County — Justice's Couit. State of , County of , ss. I, , clerk of the county of , state of , hereby certify that , the person who issued, and whose name is signed to, the within summons, was an acting justice of the peace of said county of , at the date of said summons. In witness whereof I have hereunto set my hand and affixed my official seal this day of , 191 — . rgeal] [Official signature.] NOTE.— See Cal. Code Civ. Proc, sec. 849. This certificate is to be attached to a summons that is to be served outside of the county. Forms 355J:-35'57 Cowdery's Form Book. 1200 No. 3554. Alias Summons in Action to Foreclose Liens on Chattels or Trespassing Animals — Justice's Court — North Dakota, Before , Justice of the Peace. [Title of Court and Cause.] State of , County of , ss. The State of to said Defendant. By this second summons herein, you are directed to appear before me, at my office in , at o'clock, on the day of , 191 — , there to answer to the complaint of against you, alleging ■ [give a sufficient statement of the cause of action to apprise the de- fendant of the nature of plaintiff's claim, and of the particular prop- erty in question], and demanding ; and you are notified that unless you so appear and answer the plaintiff will take judgment against you accordingly. Given this day of , 191 — . [Official signature.] NOTE.— See N. D. Comp. Lawg 1913, sec. 9027. No. 3555. Statement, in Summons, of Cause of Action on an Account Stated, and for Money Loaned, and Goods Sold. The said action is brought to recover of you the sum of dollars ($ ), with interest from the — — day of , 191 — , as on account stated between you and the plaintiff, and for money loaned, and for goods sold and delivered to and at your request, as will more fully appear by the complaint on file herein, to which reference is here made. And you are notified [etc.]. No. 3556. Statement, in Summons, of Cause of Action on Promissory Note. The said action is brought to recover the sum of dollars ($ ), due from defendant to plaintiff, upon a certain promissory note, set out and described in the complaint filed in this cause, to which reference is here made, with interest at the rate of per cent per month, amounting now to the sum of dollars ($ ), and also for accruing interest, besides costs of suit. And you are hereby notified [etc.]. No. 3557. Statement, in Summons, of Cause of Action for Money Loaned and Advanced. The said action is brought to recover the sum of dollars ($ ), with interest thereon from the day of , 191 — , at the rate of per cent per month, due from defendant to plaintiff, for so much money loaned and advanced by plaintiff to defendant, as set out in the complaint on file herein, to which reference is here made, and costs of suit. And you are hereby notified [etc.] . 1201 Summons. Forms 3558-3561 No. 3558. Statement, in Summons, of Cause of Action for Payment of Proceeds of Sale. The said action is brought to recover from you the sum of dollars ($ ), current lawful money of the United States of America, being proceeds of the sale made by you of , which, by your agree- ment with plaintiff, you are bound to pay over to him, as will more fully appear by the complaint on file herein, to which reference is here made, and also interest thereon. And you are hereby notified [etc.]. No. 3559. Statement, in Siunmons, of Cause of Action for Street Assess- ment. The said action is brought to recover the sum of dollars ($ ), with legal interest thereon from the date of the demand mentioned in the complaint, due from defendants to plaintiff, upon a certain street assessment, for work and labor done by plaintiff on street, in front of property belonging to defendants, as will more fully appear by the complaint on file herein, to which reference is here made, and for costs. And you are hereby notified [etc.]. No. 3560. Statement, in Summons, of Cause of Action on Bond and Mortgage. The said action is brought to obtain a decree of this court that an accoimt may be taken of what is due and owing to said plaintiff for principal and interest on a certain bond and mortgage described in said complaint, and that said defendant may be decreed to pay to the plain- tiff v^hat may be found to be due to him on taking the said account, together with his costs of this suit, or, in default, thereof, that said defendant, and all persons claiming under him, may be absolutely de- barred and foreclosed of and from all right and equity of redemption in certain premises, particulai'ly described in said complaint on file herein, to which reference is here made. And you are hereby notified [etc.]. No. 3561. Statement, in Sujmnons, of Cause of Action for Commissions on Sales, Conversion of Proceeds of Sales, etc. The said action is brought to recover the sum of dollars ($ ), and interest thereon at the rate of per cent per annum, being due from defendant to plaintiff for commissions on sales of certain goods, and for the conversion bj'^ the defendant to his own use of the proceeds of certain goods and fixtures, the property of said plaintiff, as particu- larly mentioned in the complaint on file in this action; also, for costs. And you are notified [etc.]. Form Book— 76 Forms 3562-3564 Cowdery's Form Book. 1202 llo. 3562. Return, and Certificate of Service, by Officer. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the annexed summons on the day of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant named in said summons, by delivering to and leaving with said defendant, per- sonally, on the day of , 191 — , in said county of , a copy of said summons attached to a copy of said complaint. Dated this day of , 191 — . [Official signature.] No. 3563. Return, and Certificate of Service upon Domestic Corpora- tion. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the annexed summons on the day of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant corpora- tion named in said summons, by delivering to and leaving with , the president of said corporation, personally, on the day of , 191 — , in said county of , a copy of said summons and a copy of said complaint. Dated this day of , 191 — , [Official signature.] No. 3564. Affidavit of Service upon Domestic Corporation. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is over the age of eighteen, and is not a party to the above-entitled action ; that he received the annexed summons on the day of , 19 — , and personally served the samo, together with a copy of the complaint in said action, on , the de- fendant named in said summons, by delivering to and leaving with , who was then and there the president [or other head of the corporation, vice-president, secretary, assistant secretary, cashier or managing agent thereof] of said corporation defendant, on the day of , 19 — , in said county of , a copy of said summons attached to a copy of said complaint. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See California, Code Civ. Proc, sees. 411, 415. 1203 Summons. Forms 3565-3567 No. 3565. Return, and Certificate of Service upon Toreign Corporation. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the annexed summons on the ^ay of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant corporation named in said summons, by personally delivering to and leaving with ■ , the managing or business agent [or, cashier; or, secretaiy] of said defendant, personally, on the day of , 191—, in said county [or naming the place of service elsev.iiere within the state, wliere the defendant foreign corporation, or nonresident joint stock company or association, doing business here, has a managing agent, cashier or secre- tary] of , a copy of said summons and a copy of said complaint; the said being then and there the person designated by ?aid cor- poration as the person upon whom process, issued under the laws of this state against said corporation, should be served. Dated this — ;- day of , 191 — . [Official signature.] NOTE. — Foreign corporations doing business in California must designate an agent on whom process may be served. In the absence of such designa- tion, service may be made on the secretary of state: See Civ. Code, sec. 405. No. 3566. Afadavit of Service upon Foreign Corporation. [Title of Court and Cause.] , being duly sworn, says that he is over the age of eighteen, and is not a party to the above-entitled action ; that ho received the annexed summons on the day of , 19—, and personally served the same, together with a copy of the complaint in said action, on , the de- fendant named in said summons, by delivering to and leaving with , who was then and there the managing agent [cashier or secretary] of said corpo,ration defendant, on the day of , 19—, in said county of , a copy of said summons attached to a copy of said complaint. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — California, Code Civ. Proc, sees. 411, 415. No. 3567. Return, and Certificate of Service upon Minor Defendant. State of , County of , ss. [Title of Court and Cause.] I hereby certify that I received the annexed summons on the ^ay of , 191 — , and personally sei-ved the same, together with a copy of the complaint in said action, on , the defendant minor Forms 3568, 3569 Cowdery's Form Book. 1204 named in said summons, and also on , the father [or, mother; or, guardian; or, if there be none within the state, then give the name of any person having the care or control of such minor, or with whom he resides, or in whose service he is employed, and upon whom service of summons was made, stating the facts as they may be], of said minor defendant, by delivering to and leaving with said defendant and , the father of said defendant, and each of them, personally, on the day of , 191 — , in said county of , a copy of said summons and a copy of said complaint. Dated this day of , 191 — . [Official signature.] No. 3568. Affidavit of Service upon Minor Defendant. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is over the age of eighteen, and is not a party to the above-entitled action ; that he received the annexed summons on the day of , 19 — , and personally served the same, together with a copy of the complaint in said action, on , the de- fendant named in said summons, by delivering to and leaving with said defendant, personally, on the day of , 19 — , in said county of , a copy of said summons attached to a copy of said complaint, and likewise by delivering to and leaving with , the father [mother of g-iiardian] of said defendant, on the day of , 19 — , in said county of , a copy of said summons attached to a copy of said com- plaint. [Sigiiature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — See California, Code Civ. Proc, sees. 411, 415. No. 3569. Return, and Certificate of Service upon Person of Unsound Mind. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the annexed summons on the (lay of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant named in said summons, and also on , the guardian of the said [naming the defendant person, residing within this state, who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed], by delivering to and leaving with said defendant and , the said guardian of said 1205 Summons. Forms 3570, 3571 defendant, and each of them, personally, on the day of , 191 — , in said county of , a copy of said summons and a copy of sai^l complaint. [Official signature.] Dated this day of , 191—. NOTE.— California, Code Civ. Proc, sec. 415. No. 3570. Affidavit of Service upon Person of Unsound Mind. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is over the age of eighteen, and is not a party to the above-entitled action; that he received the annexed summons on the day of , 19 — , and personally served the same, together with a copy of the complaint in said action, on , the de- fendant named in said summons, by delivering to and leaving with said defendant, personally, on the day of , 19 — , in said county of , a copy of said summons attached to a copy of said cojiiplaint, and by likewise delivering to and leaving with , the guardian of said defendant, a copy of said summons attached to a copy of said complaint, [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See California, Code Civ. Proc, sees. 411, 415. No. 3571. Return, and Certificate of Service upon County, City or Town. [Title of Court and Cause.] State of , County of , ss. I hereby certify that I received the annexed summons on the daj' of , 191 — , and personally served the same, together with a copy of the complaint in said action, on , the defendant named in said summons, by delivering to and leaving with , the president of the beard of supervisors of said county [or, the president or chairman of the council or trustees of the defendant city or town, or other head of the legislative department thereof], defendant, personally, on the day of , 191 — , in said coianty [or, city and county], of , a copy of said summons and a copy of said complaint. Dated this day of , 191 — . [OflScial signature.] Forms 3572-3574 Cowdery's Form Book. 1206 No. 3572. Affidavit of Service upon County, City or Town. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that lie is over the age of eighteen, and is not a party to the above-entitled action ; that he received the annexed summons on the day of , 19 — , and personally served the same, together with a copy of the complaint in said action, on , the de- fendant named in said summons, by delivering to and leaving with , who was then and there the president of the board of supervisors [or president of the council or trustees or other head of the legislative de- partment thereof], of said defendant, personally, on the day of , 19—, in said county of , a copy of said summons attached to a copy of said complaint. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See California, Code Civ. Proc, sees. 411, 415. Wo. 3573. Return, and Certificate of Attempted Service, by Sheriff, Where Certificate of Residence Has Been Filed. [Title of Court and Cause.] I hereby certify that I received the annexed summons on the day of , 191 — , and on the day of , 191 — , I attempted to serve it on the defendant described therein at the city of , in the county of , in said state, that being the place named by snid defendant in his certificate of residence filed in the office of the county recorder of said county of ; that, in order to serve said defendant, I made diligent inquiry of merchants and others engaged in the same line of business I v/as informed said defendant was engaged in, and also carefully examined the great register of said county for his name, and also the city directory and telephone directory for the years and , and also the list of taxpayers of said city and county, and could not discover his name, nor any name resembling it; and that said defendant could not be found at the place named by him in his said certificate of residence. Dated this day of , 191 — . [Official signature.] ITo. 3574. Affidavit for Publication Wliere Defendant Resides Out of the State. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the plaintiff in the above- entitled action; that a verified complaint in said action was filed with y 7 1207 Summons. Form 357-1 tlie clerk of said court on the day of , 191 — , and summons thereupon issued; but that said defendant resides out of this state, and cannot, after due diligence, be found therein [or, has departed from the state; or, cannot, after due diligence, be found within the state; or, conceals himself to avoid the seiTice of summons; or, is a foreign cor- poration, having no managing or business agent, casliicr, or secretary within this state] ; and, for the purpose of showing due diligence, affiant states that, for the purpose of finding said defendant and ascertaining his place of residence, he, the said affiant, has made due and diligent inquiry of and among the relations, former neighbors, friends, business agents, and correspondents of the defendant [staling the names of the parties inquired of, and giving particulars of the inquiry], and is in- formed by , the agent of the defendant, residing in the county of , that the defendant is not in, and does not reside in, this state; but that he is, and resides, out of this state, and that his present place of residence is at , in the county of , state of ; and that affiant has made diligent inquiry to find said defendant, but cannot, after due diligence, find him within this state; \/)'y\y // That a cause of action exists against the defendant in respect to whom ^ ' the service of summons is to be made, and in favor of the plaintiff [or, j^ that said defendant is a necessary (or proper) party defendant to said i^ y action], as shown by the verified complaint on file in said action [or, if such is the fact, say: "and it is shown by said verified complaint on file that said action is one relating to, or the subject of which is, real or personal property in this state, in which such person defendant [or foreign corporation defendant] has [or claims] a lien or interest [actual or contingent therein, as the case may be], or in which the relict de- manded consists wholly [or in part] in excluding such person defendant [or foreign corporation defendant] from any interest therein." This affiant therefore says that personal service of said summons can- not be made on said defendant, , and prays for an order that ser- vice of the same may be made by publication. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE. — The verified complaint on file is the more appropriate place to show whether a cause of action exists, and reference should be made, in the aiadavit, to the verified complaint on file for that purpose. If such reference is not made, the affidavit must show a cause of action, and it should be stated as fully in the affidavit as in a pleading. The complaint is also the proper place to show to what the action relates, and the nature of the relief demanded; and reference should be made, in the affidavit, to the verified complaint on file, for such purposes. If such reference is not fnade, the affidavit must show the nature of the action and of the relief demanded. If a crtuse of action can be stated in the affidavit for publication, it can be stated in the complaint. There is no reason why the affidavit should be more carefully drawn than the complaint. It may happen, in cases where all the facts showing a cause of action are not stated in the affidavit, that, after the publication, the court will sustain a demurrer to the complaint referred to in the affidavit, on the ground that it does not state facts suffi- Form 3575 Cowdery's Form Book, 1208 cient to constitute a cnnse of actios, in which case, although the complaint is amended, the affidavit would fall because there was no action pending at the time the affidavit was filed. But the best procedure is to see that the cause of action is stated in the complaint. The above form may also be used in justices' courts: See Cal. Code Civ. Proc, sec. 849. No. 3575. Order for Publication Where Defendant Ref5ides Out of the State. [Title of Court and Cause.] Upon reading and filing the affidavit of , and it satisfactorily appearing therefrom that defendant, , resides out of this state [or, has departed from this state; or, cannot, after due diligence, be found within this slate; or, conceals himself to avoid the service of summons; or, is a foreign corporation having no managing or business agent, cashier, or secretary v/ithin this state; or as the fact may be], and can- not, after due diligence, be found within this state, and it also, appearing by sucli affidavit [or, by the verified complaint on file, or both], that a good cause of action exists in this action against the said defendant, and in favor of the plaintiff [or, that said defendant, , is a necessary and proper party defendant to said action; or, that said action is one which relates to, or the subject of which is, real or personal property in this state, and in which such person defendant (or foreign corporation defendant) has (or claims) a lien or interest (actual or contingent therein, as the case may be), or, in which the relief demanded consists wholly (or in part) in excluding such person defendant (or foreign cor- poration defendant) from an}"- interest therein] ; and it further appear- ing that a summons has been duly issued out of said court in this action, and that personal service of the same cannot be made upon the said defendant, , for the reasons hereinbefore contained, and by the said affidavit made to appear; it is ordered, on motion of , attorney for the plaintiff, that the service of the summons in this action be made upon the defendant, , by publication thereof in the , a news- paper published in said county of , hereby designated as the news- paper most likely to give notice to said defendant; and that such pub- lication be made at least once a week for tv\-o months. And it further in like manner satisfactorily appearing to me that the residence of said defendant is knov/n to be at the city of , in the county of , state of , it is ordered and directed that a copy of the summons and complaint in this suit be forthwith deposited in the United States postoffice, in the county of , postpaid, directed to said defendant at his said place of residence. Dated ,191-. [Signature.] NOTE. — An order made for the reason that defendant cannot be served because he resides out of the state should contain the words "and cannot, after due diligence, be found within the state" (although this fact would of itself justify an order for the publication of summons), as it is possible for a nonresident to be within this state so ns to be served with summons, if found here. The above form may also be used in justices' courts: See Cal. Code Civ. Proc, sec. 849. 1209 Summons. Form 3576 No. 3576. Affidavit for Publication Where Defendant cannot be Found Within the State. [Title of Court and Cause.] State of , County of -, being duly sworn, says that he is the plaintiff in the above- entitled aetion; that a verified complaint in said action was filed with the clerk of said court on the day of , 19—, and sununons thereupon issued; but that said defendant cannot after due diligence be found within this state; and for the purpose of showing due diligence, affiant states that, for the purpose of finding said defendant and ascer- taining his place of residence, he, the said affiant, has made due and diligent inquiry of and among the relations, former neighbors, friends, business agents and correspondents of the defendant, residing in the county of ; that the defendant is not in, and does not reside in, this state, but that he is and resides out of this state, and that his present place of residence is at , in the county of , state of ; and that affiant has made diligent inquiry to find said defendant, but cannot, after due diligence, find him within this state. That a cause of action exists against the defendant in respect to whom the service of summons is to be made, and in favor of the plaintiff, as shown by the verified complaint, on file in said action. That there has not been filed, on behalf of such defendant, in the county where said action was brought and is pending, the certificate of residence provided for by law [or, that there has been filed, on behalf of such defendant, in the county (or city and county) where said action was brought and is pending, the certificate of residence provided for by law, but that defendant cannot be found at the place named in said certificate] . This affiant therefore says that personal service of said summons can- not be made on said defendant, , and prays for an order that service of the same may be made by publication. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE —Affidavit for Publication— In General.— The affidavit for publica- tion must contain some evidence that has a legal tendency to prove that the defendant cannot be found in the state after due diligence. But a state- ment of facts as to residence and actual abode of defendant, showing that any search for him within the state would be unavailing, is sufficient: Pike V Kennedy, 15 Or. 420, 15 Pac. 637; McDonald v. Cooper, 32 Fed. 745 An affidavit for publication of summons should show whether the defend- ant is a resident or nonresident of the state, and his last known place of residence, or, if unknown, such fact should appear: Mills v. Smiley, 9 Idaho, 325, 76 Pac. 786. Forms 3577, 3578 Cowdery's Form Book. • 1210 No. 3577. Order for Publication Where Defendant cannot he Found Within the State. [Title of Court and Cause.] Upon reading and filing the affidavit of , and it satisfactorily- appearing therefrom that the defendant, , cannot, after due dili- gence, be found Avithin this state; and that there has not been filed, on behalf of such defendant, in tiie county where said action was brought and is pending, the certificate of residence provided for by law; [or, that there was filed, on behalf of such defendant, in the county (or city and county) where said action was brought and is pending, the certifi- cate of residence provided for by law, but that said defendant cannot be found at the place named in said certificate] ; and it also appearing by such affidavit [or, the verified complaint on file] that a good cause of action exists in this action against the said defendant, and in favor of the plain tilf; and it further appearing that a summons has been duly issued out of said court in this action, and that personal service of the same cannot be made upon the said defendant, [or, where the cer- tificate of residence has been filed say, instead of "and by the said affi- davit," etc.: "and as appears by the certificate of the sheriff of tlio county wherein said defendant claims residence in and by said certifi- cate of residence, and which said sheriff's certificate shows that service of said sunmions was attempted upon said defendant at the place named in said certificate of residence, but that said defendant was not to be found thereat"] for the reasons hereinbefore contained, and by the said affidavit made to appear; it is ordered, on motion of , attorney for the plaintiff, that the service of the summons in this action l)e made upon the defendant, , by publication thereof in the , a news- paper published in said county of , hereby designated as the ncAvs- paper most likely to give notice to said defendant; and that such pub- lication be made at least once a week for two months. And it further in like manner satisfactorily appearing to me that the residence of said defendant is known to be at the city of , in the county of , state of , it is ordered and directed that a copy of the summons and complaint in this suit be forthwith deposited in the United States postoffice, in the county of , postpaid, directed to said defendant at his said place of residence. Dated , 19—. [Signature.] No. 3578. Affidavit that Defendant is Concealing Himself to Avoid Service. [Title of Court and Cause.] State of -, County of , ss. , being duly sworn, says that he is the plaintiff in the above- entitled action; that is a necessary defendant in said action; that 1211 Summons. Form 3579 the said has not been served with summons herein, nor has ho appeared; that the place of residence of the said is , and that his place of business is at ; but that he cannot be found either at his place of residence or at his place of business [or, if Ws place of residence or place of business cannot be ascertained, say: "that affiant, for the purpose of finding said defendant, has made diligent inquiry [stating of whom, particularly of wife, or relatives, or among neighbors, and in places where information as to his whereabouts might be ob- tained], and has been unable to ascertain where he can be found"]; and that he is concealing himself to avoid the service of summons. Wherefore affiant requests the court to order said summons to bo served by posting and mailing as by law provided. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— See Cal. Code Civ. Proc, sees. 412, 849. No. 3579. Afadavit of Mailing Copy of Summona. [Title of Court and Cause.] State of , County of , ss. ^ of said county, being duly sworn, says that he is over the age of eighteen, and is not a party to the above-entitled action ; That on the day of , 191—, the complaint in said action was filed, and afterward, to wit, on the day of , 191—, an order was made by the court for the publication of the summons m said action, and also a further order that a copy of said complaint and a fcopy of said summons should be forthwith deposited in the United States postoffice, at , in said county and state, directed to the defendant, , in said action, at his place of residence, to wit, number street, in the city of , county of , state of ; that forthwith, to wit, on the day of , 191-, and in pursuance of the said order of the court, he, the said affiant, deposited m the United States postoffice, at the city of , county of , state of — — , a copy of the said summons and a copy of the said complaint, inclosed in a sealed envelope, directed to , the said defendant, at number — street, in the city of , county of , state of , the place of his residence as aforesaid, and paid the postage thereon m advance; and that there is a regular communication by the United States mails from said postoffice of deposit thereof, as aforesaid, to said defendant's said place of residence. [Signature.] Subscribed and sworn to [etc.]. _ [Official signature.] NOTE.- -See Cal. Code Civ. Proc, sees. 413. 415, 1012, 1013. Forms 3580, 3581 Cowdery's Form Book. 1212 No. 3580. Affidavit of Publication. [Title of Court and Cause.] State of , County of , ss. , of said county, being duly sworn, says that he is over the age of eighteen, is competent to be a witness on the trial of the above- entitled action, and is not a party thereto; that he is, and at all times embraced in the publication herein mentioned was, the printer [or, prin- cipal clerk (or foreman) of the printer] of the , a daily news- paper printed, published, and circulated in the said county; that a summons, of which the annexed is a true printed copy, was published in the above-named newspaper on the following dates, to wit: ; being for a period of once a week for not less than two months. [Signature.] Subscribed and sworn to [etc.], [Official signature.] NOTE.— See Alaska, Comp. Laws 1913, sees. 879-880; Arizona, Rev. Stats. (Civ. Code 1913), sec. 453; Califoruia, Code Civ. Proc, sec. 41u; Colorado, Mill's Ann, Code, see. 43; Hawaii, Rev. Code 1915, sees. 2356, 2357; Idaho, Rev, Codes 1907, sec. 4145; Kansas, Gen. Stats. 1915, sec. 6970; Montana, Rev, Codes 1907, sec. 6526; Nebraska, Rev, Code 1913, see. 7643; Nevada, Rev. Laws 1912, sec. 5032; New Mexico, Stats. Ann. 1915, sec. 4095; North Dakota, Comp. Laws 1913, sec. 7436; Oklahoma, Harris & Day's Code 1910, sec. 4725; Oregon, Lord's Oregon Laws. sec. 62; South Dakota, Comp. Laws 1913, sec. 4903; Utah, Comp. Laws 1907, sec. 2952; Washington, Rem. Code, sec. 237; Wyoming, Comp, Stats. 1910, sec. 4370. No. 2581. Summons to Corporation — Justice's Court. State of , County of , ss. The People of the State of to the . You are hereby summoned to appear before me, at answer a cliarge made against you upon the information of Dated at the city of , this day of , 191—. [Official signature.] NOTE.— California, Pen. Code, sec. 1427. Wliere it appears that the offense complained of has been committed by a corporation, no warrant of arrest need issue; but the justice or police judge must issue a summons as above. Such summons miist be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof. At the time named in the summons, the corporation may appear by counsel and answer the complaint. If it does not appear, a plea of not guilty must be entered, and the same proceedings had therein as in other eases. If the charge has been made upon "presentment of the grand jury of the count}-," the ease, of course, is an "examination case," not triable before the justice or police judge, and is disposed of as other eases on preliminary examination. 1213 Summons. Forms 3582-3584 No. 3582. Summons to Corporation for Violation of City Ordinance- Justice's Court — Utali. State of , County of . [Title of Court and Cause.] The State of to the You are hereby summoned to be and appear before the above-cntilled court, at the courtroom thereof, on the day of , 191 — , at the hour of o'clock A. M., then and there to answer a charpre made against you upon the complaint of , for , a copy of which com- plaint is hereto attached. Dated this day of , 191 — . Witness the Honorable , judge of said court. , Clerk. By , Deputy Clerk. NOTE.— Utah, Comp. Laws 1907, see. 212x1. No. 3583. Summons to Juror. [Title of Court and Cause.] State of California, County of Napa, — ss. ToR. R.: You are hereby summoned to appear in the superior court of the county of Napa, state of California, at the opening of the regular session thereof, at the courtroom of said court, in the courtliouse in said county, on the eighth day of September, 1917, at 10 o'clock A. M., to serve as a trial juror, and herein fail not. Dated . [Signature.] NOTE. — For courts of record, see Cal. Code Civ. Proc, sees. 225-228. For courts not of record, Code Civ. Proc, sees. 230-232. To complete panel, Code Civ. Proc., 237. For inquests, Code Civ. Proc, 235. To serve one year, Code Civ. Proc, sec 210. No. 3584. Summons — Alaska — Justice of the Peace. In the Commissioner's Court, Territory of Alaska, Judicial Divi- sion, Precinct. Before Commissioner and Ex-oflficio Justice of the Peace. No. . Summons. , Plaintiff, vs. , Defendant. The Territory of Alaska, to , the Above-named Defendant: You are hereby summoned to appear before the undersigned, commis- sioner and ex-oflficio justice of the peace, in precinct, in said divi- Form 3600 Cowdery's Form Book. 1214 ion and territory, on the day of , 19 — , at the hour of o'clock in tho noon of said day, at the office of said commissioner in said precinct, at and answer the complaint of the plaintiff, founded upon [a written instrument, note or account, or for trespass or injury to property, or any similar statement, as the case may be] . And in case of your failure to appear and answer the plaintiff's com- plaint at the time and place aforesaid, judgment will be entered against you for and costs and disbursements of this action. Given under my hand this day of , 19 — . f Commissioner and Ex-officio Justice of the Peace. SUPPLEMENTAL PLEADINGS. S600. Supplemental answer. No. 3600. Supplemental Answer. [Title of Court and Cause.] Now comes the defendant by its attorneys, by leave of the court first obtained, and files this, its supplemental answer, and avers and shows that heretofore, to wit, on the twenty-ninth day of March, A. D. 1880, and since the trial of this cause, the plaintil'i, James A. Seehorn, has made and delivered to this defendant, for a valuable consideration, a full release, discharge and satisfaction of all claims and demands, of every name and kind, between this plaintiff and the defendant, and especially a full release, discharge and satisfaction of all claims and demands averred in this amended complaint of plaintiff on file in this court in this caiase. Wherefore defendant prays that this action be dismissed. Paul W. Bennett, Frank Owen, T. W. W. Davies, Attorneys for Defendant. NOTE. — Precedent in Seehorn v. Big Meadows etc. Koad Co., 60 Cal. 242. 1215 Supplementary PKuui^j<.uij\uis. Form Coin SUPPLEMENTARY PROCEEDINGS. 3610. Affidavit to obtain order for examination of judgment debtor In supplementary proceedings. 3611. Order that judgment debtor appear and answer concerning hia property. 3612. Affidavit to obtain order for examination of debtor of judgment debtor, or of his bailee. 3613. Order for examination of debtor of judgment debtor, or of his bailee. 3614. Order that property of judgment debtor be applied to satisfaction of judgment. 3615. Order forbidding transfer of property alleged to belong to judgment debtor, or upon denial of indebtedness to him. 3616. Return of service of order. 3617. Undertaking of judgment debtor to appear and answer in supple- mentary proceedings. No. 3610. Affidavit to Obtain Order for Examination of Judgment Debtor in Supplementary Proceedings. [Title of Court and Cause.] State of , County of , ss. , being duly sworn, says that he is the judgment creditor in the above-entitled action; that judgment was recovered therein on the • day of , 19 — , by plaintiff therein, against said defendant, for the sum of dollars ($- ), with interest and costs; that said judgment was entered and docketed in the office of the clerk of county, state of , on the day of , 19 — ; that afterward, to wit, on the day of , 19 — , an execution issued against the property of said judgment debtor, directed and delivered to the sheriff of the county of , the county where the said judgment debtor resided at the time of the issuing of said execution, and still so resides; that the said sheriff has returned the said execution unsatisfied; that said judgment and exe- cution are still in full force and effect; that said judgment remains wholly unpaid; that, as affiant is informed and believes, and therefore states the fact to be, said judgment debtor has property in his posses- sion and under his control, not exempt from execution, which he unjustly refuses to apply to the satisfaction of said judgment and execution I and that there is danger of said judgment debtor absconding]. Wherefore affiant prays that an order may issue requiring said judg- ment debtor to appear at a time and place, and before a person, specified in said order, and answer concerning his property. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE. — Alaska, Comp. Laws 1913, sec. 1128; Arizona, Rev. Stats. (Civ. Code 1913), sees. 1385-1392; California. Code Civ. Proc, sec. 712 et soq.; Colorado, Mill's Ann. Code, sec. 245; Idaho, Rev. Codes 1907, sec. 4505 et seq.; Kansas, Gen. Stats. 191.^, sec. 7428 et seq.; Montana, Rev. Codes Form 3611 Cowdfry's Form Book. 1216 1907. sec. 6848 ct seq.; Nebraska. Eev. Code 1913. see. 8111 et seq.; Nevada, Rev. Laws 1912, sees. 5307-5314; New Mexico, Stats. Ann. 1915, Bee. 2214; A^ortli Dakota, Comp. Laws 1913, sec. 7777 et seq.; Oklahoma, Harris & Day's Code 1910, sees. 5190-5193; Oregon, Lord's Oregon Lav/s, sees. 253, 254; Soutli Dakota, Comp. Laws 1913, see. 5174 et seq.; Utah, Comp. Laws 1907, see. 3272 et seq.; Washington, Kcm. Code, sec. 613 et seq.; Wyoming, Comp. Stats. 1910, sec. 4794. No. 3611. Order that Judgment Debtor Appear and Answer Concern- ing His Property. [Title of Court and Cause.] It appearing to me by the affidavit of , the plaintiff and judgment creditor in the above-entitled action, that judgment was recovered in said action, against the above-named defendant, on the day of , 19 — , for the sum of dollars ($ ), with interest and costs; that said judiTment was entered and docketed in the office of the clerk of county [or, was entered and docketed in the office of , justice of the peace of township, county of , state of ], state of ■ , on , 19 — ; that an execution against the property of the judg- ment debtor was, on the day of , 19 — , duly issued to the sheriff of the county of , the county where the said judgment debtor resided at the time of the issuing of the said execution, and still so resides [or, if he does not reside in the state, that execution, etc., was issued to the sheriff (or constable) of the county (or city and county) "where the judgment-roll is filed," — that is, in the county (or city and county) where the judgment was entered and docketed] ; that the said sheriff has returned the said execution unsatisfied in whole; that said judgment remains unpaid in whole ; and that said judgment debtor has property in his possession and under his control which he unjustly refuses to apply toward the satisfaction of said judgment: I do hereby order and require , the said judgment debtor, to ap- pear before me, at , on the day of , 19 — , at o'clock A. M. [or, before , referee, hereby appointed by me for such exam- ination, at his office, (designating where)] of said day, and on such further days as I or said referee sliall name, to make discovery on oath concerning his property; and said judgment debtor is hereby forbidden in the meantime from disposing of any of his property not exempt from execution. Dated this day of , 19 — . [Signature.] NOTE. — If the application is made on the return of an execution unsatis- fied in whole or in part, no affidavit is really necessary, and the recital may be as follows: "It satisfactorily appearing from the records in the above- entitled action that an execution against the property of , the judg- ment debtor in said action, has been issued to the sheriff of the county [or constable of the township] where he resides, and has been returned un- satisfied in whole [or in part]," etc. If the judgment debtor does not reside in the county wherein judgment was rendered, an abstract of the judgment, in the form prescribed by statute, 1217 Supplementary Proceedings. Forms 3612, 3613 may be filed in the office of the justice of any town, township or city wherein the defendant resides, and such justice may issue execution on such judgment, and may take and exercise such jurisdiction in proceedings supplemental to execution, as if such judgment were originally entered in this court: See Cal. Code dv. Proc, sec. 905. No. 3612. Affidavit to Obtain Order for Examination of Debtor of Judgment Debtor, or of His Bailee. [Title of Court and Cause.] State of , County of , ss. ■ , being duly sworn, says that he is the judgment creditor in the above-entitled action; that judgment was recovered therein, on tlie day of , 19 — , by plaintiff therein against said defendant, for the sum of dollars ($ ), with interest and costs; that said judg- ment was entered and docketed in the office of the clerk of said court, on the day of , 19 — ; that afterward, to wit, on the day of , 19—, an execution issued against the property of said judgment debtor, directed and delivered to the sheriff of the county of , the county where the said judgment debtor resided at the time of the issu- ing of said execution, and still so resides; that the said sheriff has re- turned the said execution imsatisfied in whole; that said judgment is still in full force, effect and virtue and remains wholly unpaid; thai, as affiant is informed and verily believes, and therefore states the fact to be, has property of said judgment debtor in his possession or under his control, in an amount exceeding the sum of fifty dollars ($50) in value [or, that (naming a person or corporation indebted to the judgment debtor), is indebted to such judgment debtor in an amount exceeding fifty dollars ($50)]. Wherefore affiant prays that an order issue requiring the said [naming the person or corporation, or any officer or member thereof, who is to be examined] to appear at a time and place, and before a per- son, specified in said order, and answer concerning any property in his possession or under his control belonging to said judgment debtor. [Signature.] Subscribed and sworn to [etc.]. [Official signature.] NOTE.— California, Code Civ. Proc, sees. 714, 717, 905; Idaho, Rev. Codes 1907, sec. 4507; Montana, Eev. Codes 1907, sees. 6851, 7064; Utah, Comp. Laws 1907, sec. 3274. No. 3613. Order for Examination of Debtor of Judgment Debtor, or of His Bailee. [Title of Court and Cause.] It appearing to me, by the affidavit of , the plaintiff in the above- entitled action, that judgment was recovered in said action against the Form Book — 77 Form 3614 Cowdeey's Form Book. 1218 above-naiiied defendant, on the day of , 19 — , for the sum of dollars ($ ), with interest and costs; that said judgment was entered and docketed in the office of the clerk of the county [or, was entered and docketed in the office of , justice of the peace of township, county of , state of ] of , state of , on , 19 — ; that an execution against the property of the judgment debtor was, on the day of , 19 — , duly issued to the sheriff of the county of , the county where the said judgment debtor resided at the time of the issuing of the said execution, and still so resides [or, if he does not reside in the state, that execution, etc., was issued to the sheriff (or justice of the peace) of the county (or city and county) "where the judgment-roll is filed," — that is, in the county (or city and county) where the judgment Avas docketed] ; that the said sheriff has returned the said execution unsatisfied in whole; that said judgment remains unpaid in whole ; and that has property of such judgment debtor in an amount exceeding fifty dollars ($50) [or, that (naming a person or incorporation indebted to the judL^nient debtor) is indebted to such judgment debtor in an amount exceeding fifty dollars ($50)]. I do hereby order and require the said to appear before me, [or, before , referee, hereby appointed by me for such examination, at his office, (designating where)] at , on the day of , 19 — , at o'clock A. M. of said day, and on such further daj's as I or said referee shall name, to answer concerning the property of the judgment debtor by him, the said , so held. Dated this day of , 19 — . [Signature.] NOTE. — If the judgment debtor does not reside in the county wherein jiulg- ment was rendered, an abstract of the judgment, in the form prescribed by- statute, may be tiled in the oiHce of the justice of any town, township, or city wherein the defendant resides, and such justice may issue execution on such judgment, and may take and exercise such jurisdiction in proceedings supple- mental to execution, as if such judgment were originally entered in his court: See Cal. Code Civ. Proc, sec. 905. No. 3614. Order that Property of Judgment Debtor be Applied to Satisfaction of Judgment. [Title of Court and Cause.] It appearing from the examination of , that he has in his posses- sion one hundred tons of hay belonging to the said judgment debtor, And no part of said hay being exempt from executon, and that said has no claim against, or lien upon, said haj'^, except for its storage: It is ordered that he, the said , immediately deliver said hay to the sheriff of said county, to be applied toward the satisfaction of the* judgment in the above-entitled action, upon the payment to him, tlie said , of the sum of dollars ($ ), his accrued charges for the storage of said hay up to the date of this order. Dated , 19 — . [Signature.] 1219 Supplementary Proceedings. Forms 3615-3617 NOTE.— California, Code Civ. Proc, sees. 719, 905; Arizona, "Rev. Stats. 1913, pars. 1386-1390; Montana, Eev. Codes 1907, sees. 6853, 7064; Washing- ton, Rem. Code, sec. 620. No. 3615. Order Forljiclding Transfer of Property Alleged to Belong to Judgment Debtor, or upon Denial of Indebtedness to Him. [Title of Court and Cause.] It appearing that judq'nicnt has been rendered in the above-entitled notion in favor of the plaintiff and against the defendant, for the sum of dollars ($ ) ; that execution has issued thereon ; and that is alleged to have property of the defendant, the judgment debtor [or, is alleged to be indebted to the judgment debtor] but that said claims an interest in said property adverse to the judgment debtor : I hereby order and forbid a transfer or other disposition of such in- terest or debt until an action can be commenced by the judgment creditor and prosecuted to judgment. Dated this day of , 19 — . [Signature.] NOTE.— -California, Code Civ. Proc, sees. 720, 905; Idaho, Rev. Codes 1907. sec. 4510; Montana, Rev. Codes 1907, sees. 6854, 7064; Utah, Comp. Laws 1907, sec. 3277; Washington, Rem. Code, see. 624. No. S616. Return of Service of Order. State of , County of , ss. I hereby certify that I served the within order, personally, by deliver- ing a true copy thereof to , the person to \\ho\a the same is directed, on the day of , 19 — , at township, in the county of , state of . Dated this day of , 19—. [Signature.] Fees, . No. 3617. Undertaking of Judgment Debtor to Appear and Answer in Supplementary Proceedings. [Title of Court and Cause.] An order having been made, on the day of , 19 — , by , a judge of the court of the county of , state of , that , brought before said judge in proceedings supplementary to execution, give an undertaking that he will attend from time to time before said judge or a referee appointed by him, as may be directed during the pend- ency of proceedings, and until the final termination thereof, and will not in the meantime dispose of any portion of his property not exempt from execution : We, , principal, and and , sureties, in consideration of the premises, hereby undertake, in the sum of dollars ($ ), that Form 3630 Cowdery's Form Book. 1220 the above-named will attend from time to time before said judge or referee, as may be directed during the pendency of said supplementary proceedings and until the final termination thereof, and will not in the meantinie°dispose of any portion of his property not exempt from execu- tion, and that, if he fails to perform either of these conditions, we will pay to , the judgment creditor in said proceedings, the said sum of dollars ($——). Dated this day of , 19 — . [Signatures.] NOTE.— California, Code Civ. Proc, sees. 714, 715, 905; Alaska, Comp. Laws 1913, sees. 1129, 1130; Arizona, Rev. Stats. 1913, pars. 1385, 13S6; Idaho, Rev Codes 1907, sees. 4504, 4505; Montana, Rev. Codes 1907, sees. 6848, 6fe49, 7064; Utah, Comp. Laws 1907, sees. 3272, 3273; Washington, Rem. Code, sees. 613, 624. ^ . J • ^• In default of entering into an undertaking ordered by the judge or justice, the judgment debtor may be committed to prison. SURRENDER. Surrender of Lease, No. 2407. TAX DEED. Tax Deed, No. 1436. TERMINATION OF LIFE ESTATE. 3630. Petition for decree showing termination of life estate. 3631. Decree showing termination of life estate. No. 3630. Petition for Decree Showing Termination of Life Estate. [Title of Court.] The petition of respectfully shows: That is the owner of the reversionary interest in the following described real property, to wit [here insert description] ; that — — , on the day of , 19 — , became the owner of an estate therein dur- ing his own life ; that said died on or about the day of . 19 , and his life estate in said premises has absolutely terminated, and petitioner has become entitled to the possession of said premises: Wherefore petitioner prays that a decree of this court be made, show- ing that said is now deceased, that his life estate in said premises has terminated, and that petitioner is the owner of and vested with the title to said premises and entitled to the possession of the same. , Petitioner. , Attorney for Petitioner. [Verification.] NOTE.— California, Code Civ. Proc, sees. 1705-1723; Montana, Rev. Codes 1907, see. 7721. 1221 Termination of Life Estate — Tradem.vbk. Form 3G31 No. 3631. Decree Showing Termination of Life Estate. [Title of Court.] The petition of coming on re^larly to be heard this day, and the court having heard said petition and the evidence offered in support thereof, and it appearing that had a life estate in the property here- inafter described; that he is now dead; that his said estate has abso- lutely terminated, and that said petitioner is the owner of said real prop- erty, and entitled to the possession thereof: It is therefore ordered, adjudged, and decreed, that the life estate of has absolutely terminated in the following described real property, to wit [here insert description] ; that such termination of said estate has been caused by the death of said , who departed this life on the day of , 19 — ; and that the title to said property is now vested absolutely in said . Dated , 19—. , Judge of Superior Court. TESTIMONY. Testimony of Applicant on Probate of Will, Nos. 3964, 3967. Testimony of Subscribing Witness, No. 3965. Testimony of Witness on Probate of Will — Another Form, No. 3966. THIRD PARTY CLAIM. Third Party Claim, No. 1666. TRADEMARK. 3640. Declaration of trademark. 3641. Application for registration of trademark. 3642. Application by a firm for registration of trademark. 3643. Application by a corporation for registration of trademark. 3644. Transfer of trademark. No. 3640. Declaration of Trademark. State of , County of , ss. A. B., being duly sworn, deposes and says that he is the applicant named in the foregoing statement; that he verily believes that the fore- going statement is true; that he has at this time a right to the use of the trademark therein described; that no other person, firm or corpora- tion has the right to such use, cither in the identical form or in any such near resemblance thereto as might be calculated to deceive; that it is used by him in commerce between the United States and foreign nations or Indian tribes, and particularly with ; and that the description and facsimile presented for record truly represent the trademark sought to be registered. Sworn to and subscribed before me, a this da.v of , 19--. [Signature] Forms 3641, 3642 Cowdery 's Form Book. 1222 No. 3641. Application for Registration of Trademark. To All Whom It may Concern: Be it known that I, , a citizen of the United States, residing at , in the state of , and doing business at No. , on Street, in said city, have adopted for my use a trademark for whisky, of which the following is a fall, clear and exact specification: My trademark consists of the word-symbol "Moonshine." This has generally been arranged as shown in the accompanying facsimile, which represents a rude still-house, surrounded by hills and forests. Three men are engaged variously about, and the scene is illuminated partly by the light of the fire, partly by the moon which appears in the heavens. Underneath the picture appears the word "Moonshine" in ornamental letters; but the style of lettering is unimportant, and the entire picture may be omitted or changed at pleasure without materially affecting the character of my trademark, the essential feature of which is the arbi- trary word "Moonshine." This trademark I have used continuously in my business since the day of , 19 — . The class of merchandise to which this trade- mark is appropriated is distilled liquors, and the particular description of goods comprised in said class upon which I use it is whisky. It is my practice to apply my trademark to the bottles containing the liquor by means of suitable labels, on which it is printed in color as above do- scribed. The word is sometimes also blown into the bottles. [Two witnesses.] ITo. 3642. Application by a Firm for Registration of Trademark. To Ail Whom It may Concern : Be it known that we, & Co. a firm domiciled in , county, state of , and doing business at No. , Street, in said city, have adopted for our use a trademark for men's overalls, of which the following is a full, clear and exact specification: Our trademark consists of the arbitrary word . This has gen- erally been arranged as showai in the accompanying facsimile, in wliich it appears in plain block capitals, printed in black, in a horizontal line. But other forms of type may be emploj^ed, or it may be differently arranged or colored, without materially altering the character of our trademark, the essential feature of which is the word . This trademark has been used continuously in business by us, and those from whom we derive our title, since the of , 19 — . The class of merchandise to which this trademark is appropriated is wearing apparel, and the particular description of goods comprised in such class on which it is used by us is men's overalls. It has been our practice to mark our trademark on the inside of the waistband of the goods with a stencil, or to print it upon tags whicli are secured to the goods in any desired manner. 1223 Trademark, Forms 3643, 3G44 No. 3643. Application by a Corporation for Registration of Trademark. To "Whom It may Concern: Be it known that the Company, a corporation orf^anized under the laws of the state of , and located in the city ot , county, in said state, and doing business in said city of , and also at , in the state of , has adopted for its use a trademark for wheat flour, of which the following is a full, clear and exact specifi- cation : Tlie trademark of said company consists of a representation of a Rocky Mountain slioep and the words "Big Horn." These have gener- ally been arranged as shown in the accompanying facsimile, in which the animal named, popularly known as the "Big Horn," is represented in an erect attitude upon a cliff or rock. In the background are moun- tains covered with forests, with distant white peaks; upon the sky por- tion are the words "Big Horn," and arranged in a circle about the whole are the words Company, in plain capital letters. But these words may be omitted, and tlie various accessories of the picture may be varied at pleasure, or alto and at the time thereof he declared to us, being all together, that the instrument was his vrill, and at his request and in his presence and in the presence of each other, we sub- scribed our names as such witnesses. , Residing at . , Residing at . , Residing at . No. 3894. Will Making a General Disposition of Property, Also an An- nuity, With Other Bequests. I, A. B., of C, in the county of S., being infirm, and sensible, too, of my liablcness to sudden death, at the same time being, as I tliink, of sound mind, judge it best to make, and do hereby make, this my last will and testament. It is my will that my debts and the eharces of my funeral be paid as soon as conveniently may be after my decease, and I leave the charges of my funeral to the direction of my family, I give and devise, of all my estate, real and personal, in the following manner : I give to my daughter M. E. and to her heirs and assigns fifteen hun- dred dollars, which with what I heretofore advanced to and for lier, viz., before her intermarriage with Mr. D. M., I judge to make at least twenty thousand dollars. And I discharge her and all concerned and that may be concerned with and for her and them, of what I charged her with in my books. I give to my daughter G. L. and to her heirs and assigns, twenty thousand dollars. I give to my daughter G. E. and to her heirs and assigns twenty thou- sand dollars, to be paid to her when slie shall arrive at the age of twenty-one years; and if she shall leave lawful issue, then I give the same sum to such issue, to be paid to such issue, in equal sliarcs, when and as each of them arrive at twenty-one years of age, or at the time of his or her marriage, whichever shall first happen. And in the mean- time it is my will that the same sum be kept at interest for th.c benefit of the said G. E., and such issue, and I empower my executors, or Avho- ever shall have the care of the said twenty thousand dollars, to apply as much of th.e interest and income of tlie same as they sliall judge best for her and their support and education. I give to Mr. M. F., on the day and at the time of my decease, five thousand dollars, provided and on condition he shall then be employed or engaged in my business in like manner as he now is. Tliis gift I so make him in testimony of the gi-eat regard I have for him, and the sense I have of his great faithfulness in my service. And it is my will that if my son H. dies before he arrives at the age of twenty-one years, then what shall remain of his share of my estate 1251 Wills. Form 3895 shall go to his surviving brethren aforenamed, in eqnal shares. But if either of these brethren shall happen to die witliout legal issue living, and this while the said H. shall be living, then I, in the case aforesaid, give the same to the survivor of said brethren (namely, E, and D.) and the heirs of such survivor. The remainder of my estate I give and grant to my sons E., D., and H, in equal shares, and so to their respective heirs forever. The share of my son H. of the same remainder, to be paid to him when he conies to the age of twenty-one years, but until then the same share to remain in the hands of my executors, the personal estate to be let and placed at interest, and the real estate improved or let to the best advantage, for the use of the said H., and so in like manner, his share of all sur- plusage of interest and income, which I would have added to the capital stock, and let at interest for his benefit, saving nevertheless, that the same interest and income may be used, paid, and applied, as I do by this will grant, allow, order and provide. And as my executors must necessarily have much trouble, and employ a great deal of time in exe- cuting this my will, I desire and empower them to employ Mr. A. R. W., attorney at law, San Francisco, California, or any other person they shall tliink fit, in assisting them in the settlement of my accounts and affairs, and in the improvement of my trading stock, and that they agree to give and pay to him and them such sums of money out of my estate therefor, as they, my said executors, shall judge reasonable. Signed [etc.]. [Signature.] No. 3895. Clause Disposing of Real and Personal Estate to Trustees, With Power to Sell. I give all my lands and tenements, wheresoever situated, unto the said C, D. and E., and the heirs of the survivor of them, to have and to hold the same to the uses following, to wit, to the use of them, tlie said C, D. and E. and the survivor of them, and his heirs, during the life of F. G., husband of my daughter H. B., and after his decease, if my said daughter survives him, to her use and the use of her heirs and assigns forever; but if my said daughter does not survive him, tlien, after his decease, to the use of the children of my said daughter, and their respective heirs forever, as tenants in common, and the legal rep- resentatives of any child of my said daughter, who may have deceased, to be entitled to the same share as his or her parent would have been, if living. And the lands and tenements which I have devised unto the said C, D. and E;, and the survivor of them, for and during the life of the said F. G., is upon the especial trusts following, to wit, that they the said C, D. and E., and the survivor of them, shall, during the continuance of the said estate, receive the rents and profits accruing from the lands and tenements aforesaid, and therewith make all necessary repairs, and Forms 3896, 3897 Cowdery's Foem Book. 1252 pay all taxes and other necessary charges and expenses in and about the same; and after all such payments deducted, shall at such times and places annually, and in such proportions as they [or the survivors] or the survivor of them, or the heirs of the survivor of them may deem expedient, pay over the residue of such rents and profits to my said daughter during her life, to her sole and separate use and benefit ; and after her decease, in the same manner, shall appropriate and expend the same in the maintenance and education of her children, or any or either of them, as they, the said C. D. and E., or the survivors or survivor of tliem may deem expedient. No. 3896. Clause Conferring Power to Sell. And I do hereby authorize and empower the said C, D. and E. and the survivors and survivor of them, during the life of the said F. G. if they shall judge expedient either in the lifetime of my said daughter, for her support and maintenance, or after her decease in the lifetime of the said F. G. for the maintenance and education of lier children, or any or either of them, to sell and convey, for such prices as they deem proper, all or any part of my lands and tenements aforesaid, and the v/hole proceeds of such sale or sales, or any part thereof, or the interest and income thereof, from time to time, and at such times and places, in such proportions as they may judge expedient, to appropriate to all or p.ny of the purposes aforesaid; and after the decease of the said G., to pay the whole proceeds of such sales then remaining unto my said daugh- ter, if living, for her own use forever; otherwise, to distribute the same among her children, to their respective uses forever, as tenants in com- mon; and the legal representatives of any child, who may have deceased, to be entitled to the same share as his or her parent would have been, if then living. *o' No. 3897. Clause Directing Residue of Personal Estate to be Invested in Stock. And I do further authorize, empower, and direct the said C, D. and E., and the survivors and survivor of them, after payment of my just debts and incidental charges by course of administration, to retain and keep in their own hands, during the life of the said F. G., all my per- sonal estate then remaining, and the same to invest in bank or other stock, or put out at interest on good security, and the interest and in- come thereof, annually, at such times and places, and in such propor- tions as they shall judge expedient, to pay to my said daughter during her life, for her sole and separate use. And if my said daughter shall survive the said F. G., then, on his decease, to pay the whole of said personal estate to her, to her own use forever; but if she shall not sur- vive the said F. G., then during his life, after her decease, to appro- priate the same interest and income thereof to the maintenance and education of her children, or any or either of them, as they shall judge 1253 Wills. Forais 3898, 3899 expedient, and after the death of the said F. 6., to distribute the whole of said personal estate among said children, to their respective use for- ever; and legal representatives of any child, who may have died, to be entitled to the same share as his or her parent would have been, if then living. And I do further authorize the said C, D. and E., and the sur- vivor of them, during the life of said F. G., in case that they shall judge expedient, to appropriate the whole, or any part of the principal of my said personal estate either to the support and maintenance of my said daughter during her life, or after her death, to the education and main- tenance of all or any of her children. No. 3898. Clause Devising to Da.ughter for Life, Remainder to Trus- tees to Support Contingent Remainders, etc. And as to, for, and concerning my said house, at N. aforesaid, and the said pasture and all coach-houses, barns, stables, edifices, buildings, coiirts, yards, orchards, gardens, and pleasure grounds, to the said cap- ital house belonging or ajDpertaining, and now in my own occupation, from and immediately after the decease of my said wife and son, and also as to, for and concerning all the said tenements, etc., hereinbefore given or limited in use to the said A. and B., their executors, etc., for the said term of twenty years, upon the trusts aforesaid, from and im- mediately after the end, expiration, or other sooner determination of the said term of twenty years, and, in the meantime, subject thereto and to the trusts thereof, to the use of my daughter H. M. H., wife of the said M. H., the elder, for and during her life; and from and after the end, expiration, or other sooner determination in that estate by for- feiture or otherwise in her lifetime, to the use of the said C. P. and P. W., and their heirs, during the life of my said daughter, in trust to support and preserve the contingent uses and estates, hereinafter given or limited from being defeated or destroyed, and for that purpose to make entries, and bring actions, as occasion shall be or require, l)ut nevertheless to suffer my said daughter or her assigns, to receive and take the rents and profits of the said lands, etc., for her own use, dur- ing her life; and from and immediately after the decease of my said daughter, then also as to, for, and concerning the said lands, etc., wit'i their respective appurtenances, to the use of my grandson, M. H., the younger, and his assigns, for and during his life, and from and after the determination of that estate, by forfeiture or otherwise, in his life- time, then to the use of the said C. P. and P. W. and their heirs, during the life of my said grandson, M. H., the younger, in trust to support and preserve the contingent uses and estates hereinafter given or limited from being defeated or destroyed. No. 3899. Clause Containing Proviso Binding the Testator's Devisees to Take His Surname. Provided always, and my will nevertheless is, that, if the persons to vrhose use the said lands and tenements are hereinbefore devised or Forms 3900, 3901 Cowdery's Form Book. 1254 limited, in remainder from and after the decease of my said daughter, H. M. H., do not, and shall not, as and when they shall severally, by virtue of the devises and limitations hereinbefore contained, become and be entitled in possession to the said premises, respectively, or to receive and take the profits thereof, use, assume and take upon themselves re- spectively the surname of S., and by the said surname of S. only, and no other, from thenceforth forever, thereafter continue to name, style and write themselves, in all deeds, instruments and writings, S. only, or shall refuse, decline or neglect so to do, for the space of six montlis after they shall severally become and be so entitled as aforesaid, and be of the age of twenty-one years or upward: Then, and as often as the case shall so hai^pen, the estate and interest of him, her, or tliem so refusing, declining or neglecting as aforesaid, of and in all the said premises hereinbefore given and devised, shall from thenceforth cease, determine and be void, in such and the same manner to all intents and purposes whatsoever as if he, she or they so refusing, declining or neg- lecting as aforesaid vv^as or were actually dead without issue, anj^thing hereinbefore contained to the contrary thereof notwithstanding. The surname aforesaid to be always spelled with the same letters in the same sequence as in this instrument used; and the omission or dis- placement of any letter or letters, or the addition of any word or letter so as to change the sound, accent or meaning of said surname shall work a forfeiture as is hereinabove provided. No. 3900. Clause Bequeathiiig Money upon Trusts. I give ten thousand dollars to the said C. P. and P. W., their, etc., upon and for the trusts, intents and purposes, and with and subject to the powers and provisos hereinafter mentioned and expressed of or con- cerning the same, that is to say, upon trust, that they, the said C. P. and P. W., and the survivor of them, etc., shall pay the interest of the said sum of ten thousand dollars to my said daughter, H. M. H., or otherwise authorize and empower lier to receive and take the same for her own \ise, during her life, and shall, after her decease, stand and be possessed of the said sum of ten thousand dollars, in trust for all and every the child and children of my said daughter, H. M. H., lawfully begotten or to be begotten, and to go or be paid, and assigned and trans- ferred to such child or children, at such time or times, and if more than one, in such parts, shares and proportions, and with, under, and subject to such conditions and limitations over, as my said daughter shall, by deed or writing, or by her last will, direct. No. 3901. Clause Containing Provision for Indemnity of Trustees. And I do hereby declare my will to be, that it shall be lawful to and for my said trustees and executors, and their respective heirs, executors and administrators (or if such cannot be, bj'- those appointed by law in their stead), by and out of all or any of the moneys, which, by virtue 1255 Wills. Forms 3902, 3003 of this my will, or any trust therein declared, shall come to tlieiv, or any of their, hands, to deduct, retain to and reimburse themselves all such reasonable costs, charges and expenses as tliey respectively sustain, expend, or be put unto, in or about the execution of this v/ill, and also that my said trustees and executors, their respective heirs, executors and administrators (witli the limitation aforesaid) shall be charged and chargeable only, every of them, for and with his own respective receipts, payments, acts and willful defaults, and not otherwise, and shall not be cluirged or chargeable with or for any sum or sums of money, other tlian such as shall actually and respectively come to his, her and their hands by virtue of this my will, nor with or for any loss or damages wliich may happen, in or about the execution of all or any of the trusts hereby in them reposed, without his, her or their respective willful default. No. 3902. Clause Providing That, in Case a Legatee shall Sue or Molest Any Other Legatee, in the Enjoyment of Eis Legacy, etc., Such Grift to Such Person, etc., to be Void. And further, in case any person or persons to whom any legacy or benefit out of, from or by reason of this my will, shall come, shall com- mence any suit in any court whatsoever, or by any ways or means, sue and disturb, or cause to be sued and disturbed, my executors or trus- tees herein named, or any other person or persons whatsoever, to whom anything is by me given in tliis my will, from the recovering, quiet en- joying and possessing, of what is by me herein given as aforesaid, and in such manner as is therein mentioned, then my will and meaning is, that all and every the legacy and legacies, herein by me given to any such person or persons whatsoever, who shall so sue and disturb as aforesaid, shall cease, determine and be utterly void. And that then and from thenceforth, I do give and bequeath all and every the legacies, v.'hich I had in this my will given to such person or persons, or in trust for such person or persons, unto my said grandson, A. B., his executors and administrators. No. 3903. Clause Containing Proviso for Appointing New Trustees. Provided likewise, and I direct, that in case any or either of them the said trustees or trustee, or any future trustee or trustees, shall die, or be desirous to be discharged from, or neglect or refuse to act in, the trusts hereby created, at any time or times before the same trusts shall be finally performed or otlierwise determined, then it shall and may be lawful to and for the survivor or survivors of them, by any writing or writings, under his or their hands, and be attested by two or more credible v/itnesses, from time to time, to nominate or appoint any other person or persons to be trustee or trustees, in the stead or place of the trustee or trustees so dying or desiring to be discliarged, or refusing or declining, or becoming incapable to act as aforesaid, and that when, and so often as, any sucli new trustee or trustees shall be nominated and Form 3904 Cowdery's Form Book. 1256 appointed as aforesaid, all the trust estates, moneys and premises, which shall then be vested in the trustee or trustees so dying, or desiring to be discjiarged, or refusing or declining, or becoming incapable to act as aforesaid, either solely or jointly with the other trustee or trustees, shall be thereupon, with all convenient speed, conveyed, assigned and trans- ferred in such manner, and so as that the same shall and may be legally and effectually, vested in the surviving or continuing trustee or trus- tees, or if there shall be no continuing or surviving trustee or trustees, then in such new trustees, and ujDon the said trusts as are hereinbefore declared of and concerning the same trust estates, moneys and premises respectively, or such of them as shall and may be subsisting and capable of taking effect; and that any such new trustee or trustees shall, in all things, act and assist in the management, carrying on and execution of the trusts, to which they shall be so appointed in conjunction with the other surviving or continuing trustee or trustees; and if there shall not then be any such surviving trustee or trustees, then by themselves, as fully and effectually, and with all the same power and powers, authority and authorities, of consent, approbation, discretion, calling in, laj'ing out and investing, compounding, compromising, giving and signing effectual indemnifications and discharges to purchasers, mortgagees, or others, and all otlier powers and autliorities whatsoever, to all intents and pur- poses whatsoever, as if he or they had been originally, in and by this my will appointed trustee or trustees, for the purposes for Avhich such trustee or trustees, in or to whose place such new trustee or trustees shall respectively come or succeed, are and is enabled to do, or could or might have done, under and by virtue of this my will, if then living, or continuing to act in the trusts herebj'^ reposed in them; and I particu- larly recommend and request that such substitution or nomination of a new trustee may be made on the death or resignation of any of the said trustees, or within twelve months after such event shall take place. No. 3904. Clause Containing Provision for Appointment of Trustees^ Another Form. Provided, always, that in case of the death of either of the said trus- tees, my will is, that the survivor of them do. iiuincdiatcly after the death of either of tliem, the said trustees, by any writing under his liaud and seal, to be attested by two or more credible witnesses, appoint some other fit person or persons to be trustee or trustees in the place and stead of the trustee so dying, which new trustee or trustees so to be ap- pointed shall have the same power touching the trust premises and in the execution of the trusts herein contained as they, the said C. D. and E. F., or either of them, would have had by virtue of this my will, or otherwise, in case they had been living. And lastly, I do hereby consti- tute the said C. D. and E. F., trustees and executors of this my last will and testament, and do give and bequeath to each of them the sum of five thousand dollars, upon condition that they respectively take upon them the execution of the trusts liereby in them reposed, etc. 1257 Wills. Forms 3905-3908 No. 3905. Clause Wli3re!)y Testator Forgives All Debts Due from Re- lations Therein Named. And whereas, tlicre are considerable sums of money due and owing to me upon bonds, bills, and otherwise, from my relations licreinbefore named, it is my will, and I do lioreby direct, that the same bonds, bills, etc., immediately after my death, shall be canceled and destroyed by my said executors. And I do licreby discharge my aforenamed relations, and every of them, their and every of their heirs, executors and adininis- trators, from the payment of every debt and debts due and owing to me, or my estate, upon any account whatsoever, without any abatement or deduction from or out of their legacies, before by me given or devised to them respectively, in and by this my last will and testament. No. 3908. Clause Whereby Testator Remits a Debt Due from His Brother, in Case He Does not Molest the Execution of His Will. And whereas, my brother W. D. stands justly and duly indebted to me in several sums of money, which I have, for several years now last past, paid, lent and advanced to and for him and his use, amounting in the Avhole to the sum of $10,000 and upvrard; my will therefore is, that in case he gives no trouble or molestation to my executors in the execution and performance of this my last will and testament, I do here- after remit and release unto him the said debt of $10,000, and he shall not be answerable to my e::ecutors for the same. But in case he gives trouble, molestation or disturbance to them, or eitlier of them, for or on account of anything in this my will contained, then I give the said $10,000 to my executors, upon the trusts, intents and purposes in this my last will mentioned, and in aid of the full execution and perform- ance of the same. ITo. 3907. Bequest of One Dollar to an Imprudent Son. Whereas my eldest son, W. H., hath highly offended and disobeyed me, I therefore give and bequeatli unto my said son W. H. one dollar and no more. No. 3908. Deyise or Gdft to Stanford University, San Mateo County, California, for the Education of One Poor Scholar For- ever. Item : I give, etc., unto the said S. University and to its heirs and assigns forever, all that block of land in the city and county of San Francisco, state of California, bounded by California, Mason and Sacra- mento and Taylor Streets. Upon this special trust and confidence never- theless, that it shall, from time to time, and at all times herenfter, per- mit and suffer the directors and fellows of S. University for the time being, and their successors forever, to receive and take the rents, issues. and profits thereof, wiiii-ii I direct and appoint, shall from time to time. Forms 3909-3911 Cowdery's Form Book. 1258 and at all times hereafter, be paid and allowed for and toward the maintenance and edueatioa of a poor scholar of the said college, for and during and until such scholar shall be bachelor of arts; and then to an- other poor scholar to be elected and chosen, which scliolar shall, from time to time, be nominated, elected, and chosen by the directors and president of the said college. No. 3909. Devise to an Executor in Considera,tion of Friendship, etc. Item: In consideration of the love and friendship which I have and bear for and toward him, the said J. C. R., and also in consideration of the many faithful services he has for many years last past done and performed for me in and about mj'^ affairs, and likewise in recompense for the great care and pains he may be at and put unto, in the faithful execution of this my last v/ill and testament, I give and devise unto him, the said J. C. R., all the rest, residue, and remainder of my real and per- sonal estates whatsoever, goods and chattels, lands, tenements and her- editaments, both in possession and in reversion, that I shall be possessed of, or any way entitled unto, at the time of my decease (after all my debts and legacies are first paid and satisfied thereout, as aforesaid), to hold and enjoy the same to his own proper use and behoof, and to his heirs and assigns forever. No. 3910. Direction to Trustees to Pay an Annuity. I also give to the said B. six hundred dollars a year, to be paid him yearly during his life; which payments I order to be thus made, viz., that the trustees to the estate hereby devised to the children of my sou Q., or whosoever shall have a right to improve or possess the same, by force of this my last v/ill and testament, shall paj' yearly to said B., on tiie first day of January annually, two hundred dollars; on the first day of September annually, two hundred dollars; and on the first day of !May annually, two hundred dollars; and I hereby order that my executor do not pay any part of the said annuity, but that the same be paid as aforesaid. No. S911. Pecuniary Legacies. And I give the following legacies (that is to say) to my said wife $10,000 for her immediate occasions, and to my otlier executors iuid trustees above named $5,000 each, as a small acknowledgment for the trouble they will have in the execution of this my will. And I give to my nephew A. B. $5,000, to be paid to him at his age of twenty-one; to C. D. $5,000; to my niece E. F. $5,000 at, and when she shall arrive at her age of twenty-one, or be married; to my nephew G. H. $5,000 at his age of twenty-one, with interest in tlie meantime; unto I. J. and K. J., children of my niece L. J., $500 each; all the said legacies to be paid to the respective legatees within twelve months after my decease (save 1259 Wills. Form 3912 and except those given to my said wife, my said tmstces and execiTtors, and my employees, which are to be paid immediately after my death). And I give unto the said S. S., the daughter of M. S., the sum of $5,000 on the day of her marriage; and I give after her decease the said sum of $5,000 unto such child or children of the said S. S. as shall attain the age of twenty-one years, to be divided among them (if more than one) in equal shares, and if but one, the whole to go to such one child as shall attain the said age. The portion or portions of such of them as may attain the said age in the lifetime of the said S. S., to be a vested in- terest or vested interests, though not payable till after her death, and the interest of the presumptive portions of such of her children as may be under the said age at the time of her death, or so much thereof as shall be thought necessary to be applied for or toward the maintenance and education of such infant child or children, until he, she or they shall attain the said age; and the surplus dividends or interest which may not be applied for that purpose to accumulate and go along with the origi- nal share or shares; or in case there shall be no such children who shall attain the said age, such accumulations to fall, togetlicr with the princi- pal sum, into my residuary personal estate. And I give unto N. 0., daughter of my nephew T. 0., $5,000, but the same not to be vested in, or paid to her till she shall attain the age of twenty-one years, and not to bear interest in the meantime. I give after the decease of R. S. unto such child or children of him the said R. S., born in his lifetime or after his decease, as shall attain the age of twenty-one years $5,000, the same to be divided among them, if more than one, in equal si; ares, and if but one, the whole to go to such one child as shall attain the said age, and not to bear interest, save that in case of the death of the said R. S. hav- ing a child or children under the age of twenty-one years, my vvill is, that my said trustees or trustee for the time being shall and may pay and apply any sum not exceeding the sum of $1,000 per annum, by equal quarterly payments, for and toward the mainten;mce and education of such infant child or children, until he, she or they shall attain the ago of twenty-one years. And I will that the portions of such children of the said R. S. as shall attain the age of twenty-one years in her lifetime shall be vested interests, though not payable till after his death. No. 3912. Devise of a Sum to be Applied in Releasing Poor Prisoners. I direct that my executors shall, within twelve months after my de- cease, pay out and expend the sum of $25,000 in releasing and discharg- ing such poor prisoners who have been in their opinion unjustly con- victed, or who have been justly convicted but unjustly punished or whose conduct has been industrious and virtuous while in prison, whose families are in want, and whose confinement has been owing to losses and misfortunes, and not to idleness, drunkenness or debauchery or sporting. Forms 3913-3915 Cowdery's Form Book. 1260 No. 3913. Bequest of Jewels, Furniture, etc., to tlie Wife of the Testator. I also give and bequeath to my said wife all the ornaments of her person purchased since our marriage, and all my jewels, plate, linen, china and all our houseliold goods and furniture whatsoever and where- soever, and all our books, and all horses and other cattle, and our chaise, carts, carriages and implements of husbandry, and also all our stock of wines and other liquors whatsoever, to hold to her as her own abso- lute property; also all our pictures, prints, and drawings. I have already mentioned and provided for all our children. No. 3914. Charitable Bequests. I order the sum of $20,000 to be divided as my wife shall think proper, or, in case of her death, as my said son shall think proper, among such of the poor persons resident in S., where I now live, as shall happen to be upon our Christmas list, for remembrance, and shall have received a small donation by my order at the Christmas next preceding my death. I likewise order and direct the sum of $30,000 to be divided or given as my wife shall think proper, to or amongst any poor family or families of tlie aforesaid S. and of T. which shall seem to her to be most deserving of such reward or assistance. I give to the said J. N. the sum of $50,000 upon trust to place out the same on government or real securities, at interest, in the name of such persons as he, his executors or administrators, shall think proper, with liberty to the trustees or trustee thereof, for the time being, of transposing the same, to the intent that such trustees or trustee thereof do apply the interest or dividends arising therefrom, for or tovrard the education of four poor boys, at or in the said school at G. afore- said, to be from time to time nominated by such trustee or trustees for the time being. No. 3915. Bequest of an Annuity to a Wife During Widowhood. I give and bequeath unto my wife S. T., over and above the estates which are already settled upon her, an annuity or yearly sum of $10,000 for and during the term of her natural life, in case she shall so long continue my widow ; and I do hereby direct that the same shall be charged upon the interest to arise, accrue, or be paid, as hereinafter is mentioned, from or by the capital to be employed in my trade or business, which is to be carried on by my said executors, according to the direction hereinafter for that purpose given and contained. And that the said annuity or yearly sum of $10,000 shall be paid to her, my said wife, by four equal quarterly payments in every year until and unless my said wife shall marry again, in v;hieh case said annuity of $10,000 hereinbefore given to her shall from thenceforth cease and determine, etc. 1261 Wills. Forms 3916-3919 No. 3916. Clause Preventing an Annuitant Under a Will from Part- ing With His Annuity. And my will further is, and I do hereby expressly declare and direct, that in case my said nephew A. B. shall alien, sell, assign, encumber or transfer, or in any manner dispose of or anticipate the said annuity or yearly sum of $20,000 or any part thereof, then and in such case, and from and immediately after such alienation, sale, assignment or transfer, the said bequest so made thereof as aforesaid, and the use and estate so given to him therein, shall cease and be void, to all intents and purposes as if the same had not been mentioned in this my will, or as if the said A. B. were naturally dead. No. 3917. Bequest of the Residue of the Testator's Estate. And all the rest, residue and remainder of my estate and effects, whatsoever and wheresoever, and of what nature and kind soever, which at the time of my decease I, or any person or persons in trust for me, am, or are possessed of, or entitled unto, and not hereinbefore disposed of, I give, devise, and bequeath unto the said A. B. and C. D., their heirs, executors, administrators and assigns, according to the nature and quality thereof respectively, to and for their own separate use and benefit. No. 3918. Appointment of Executors and Substitutionary Executors. And I do hereby nominate, constitute and appoint my said wife, to- gether with the said trustees, to be my executrix and executors of this my will, and in the case of the death of any two or more of tliem, before the trusts of this my will shall be fully executed and performed, tlien I do nominate, constitute, and appoint my two oldest sons, for the time being, when they shall respectively have attained the age of eighteen years, to be executors of this my will, in the place and stead of such two or more of them, my said wife and the said trustees, -as shall so die before the trusts of my said will shall be fully executed and performed, and with all the same power and powers, autliority and authorities, to all intents and purjDoses whatsoever, as such executrix or executors, who shall so happen to die, had or might have under and by virtue of this my will, at the time of his or her death. No. 3919. Clause Providing That if Trustees and Executors Differ in Opinion, the Matter in Difference to be Decided by the Majority. And I do hereby will and direct that in all cases where my trustees and executors for the time being shall happen to differ in opinion, the matter of difference shall be decided by the major part or number of them, my said trustees and executors, and be acted upon accordingly. Forms 3920-3922 Cowdery's Form Book. 1262 No. 3920. Codicil. Wliereas I, , made my last will on , 19 — , and whereas since that date, I have acquired three hundred shares of stock in the ■ Company, now I do hereby declare this instrument to be a codicil to my said will, and I hereby give and bequest the aforesaid shares of stock to my sister . In witness whereof I have hereunto subscribed my name this day of , 19 — . The foregoing codicil was, at the date thereof, by , the maker thereof, signed in our presence and in the presence of each of us, and at the time when he subscribed said instrument he declared to us that it was a codicil to his will, and at his request and in his presence and in the presence of each other, we have hereunto subscribed our names as attesting witnesses. No. 3921. Codicil, Olographic or Witnessed, Indorsed upon the Back of a Will. I, the within named J. H., of A. B., do make this present codicil, which I order and direct shall be taken as and for part of my within written last will and testament, and which will as to all and every the uses, limitations, trusts, gifts, conditions, legacies, bequests, directions and appointments, therein mentioned, devised, given and contained, of and concerning my real and personal estates therein mentioned, I do, by this my codicil, establish, ratify and confirm (save and except such devises, uses, dispositions, and bequests therein mentioned, as are by me hereinafter revoked and made void). Whereas since the making of my said will, my eldest son, J. H., is dead, having left issue a third son named R. H., now living, and within named W. R., is also dead; Now, I hereby give and devise all, etc., unto my said grandson, R. H., etc. [Dated, signed and witnessed.] No. 3922. Codicil Ratifying the WilL Whereas I, A. G., of A., have made, published and declared my last will and testament in writing, dated, etc. Noav, I, the said A. G., do and by this present codicil to my last will and testament annexed, confirm and ratify my said last will and testament, and every clause, bequest, and devise therein contained, etc. [Dated, signed and witnessed.] 12G3 Wills. Forms 3923, 392i No. 3923. Codicil, Altering the WiU, etc., With Proper Concl'asion and Attestation. This is a codicil to be added to the last will and testament of me F. G., of A., which will bears date on or about, etc. First, I do hereby ratify and confirm my said wnll in all respects, save so far as any part thereof shall be revoked or altered by this present codicil, and in par- ticular, save so far as the same relates to the disposition thereby made of my residuary personal estate, in favor of my eldest son T. G... as to which particular I do hereby revoke and alter ray said will and all the rest and residue of my personal estate and effects, by my said will given and bequeathed unto my said son F. G., I do hereby give and bequeath unto, etc. And I give and bequeath unto my brother J. H. the sum of, etc. And I do hereby revoke all former and other codicils by me at any time heretofore made. In v/itness whereof, to this present writing, which I hereby declare to be a codicil to my last will and testament, and which I direct to be added thereto, and to be taken as part thereof, I have set my hand and seal this third day of June, in the year 1917. F. G. [Seal] [Dated, signed and witnessed.] No. 3924. Revocation of Appointment of Executor, and Another Ap- pointed in His Stead, by a Codicil. Wliereas, I, M. M., of A., have made my last will and testament in writing, bearing date, etc., and have thereby made, ordained, con- stituted and appointed, my brother in law N. H., and my cousin G. L., executors of my said Avill : Now, I do by this, my v^^riting (which I declare to be a codicil to my said will, and direct to be taken as part thereof), will and direct that my said brother in law N. H., shall not be an executor of my said will, and do hereby revoke my appointment of him as such; but that in his room and stead my cousin J. B., of A., shall be one of the executors of my said w-ill, jointly and together with my said cousin G. B. And I do liereby accordingly make, ordain, con- stitute and appoint them, the said J. B. and G. B., joint and sole execu- tors of my sakl v^dll, as fully and effectually, to all intents and purposes, and in all respects, as if they only, and no other person or persons, had been by me originally, in and by my said will, constituted and appointed executors thereof, etc. In witness [etc.]. [Signature.] [Witne^^ses' signatures, etc.] [Dated, signed and witnessed.] Forms 3925-3927 Cowdery's Form Book. 1261 No. 3925. General Form of a Codicil Where Several Legacies arc Revoked. Whereas, I, A. B., of A., have by my last will and testament in writing, duly executed, bearing date, etc., given and bequeathed to, etc.: Now, I, the said A. B., being desirous of altering my said will in respect to the said legacies, do therefore make this present writing, which I will and direct to be annexed as a codicil to my^ said will, and taken as part thereof; and I do hereby revoke the said legacies by my said will given to A. B., and I do give to each of them, the said A. B. and C. D., the sum of $100 only; and I give unto, etc. And I do ratify and confirm my said will in everything, except where the same is hereby revoked and altered as aforesaid. In witness [etc.]. [Dated, signed and witnessed.] No. 3926. Nuncupative Will. In the Matter of the Nuncupative Will of J. D., Deceased. On the first day of January, 1917, J. D., being at that time doing duty on the ship "Mary Perkins," at sea, and in peril of death, and in fear of death [or in actual military service in the field ; or in expecta- tion of immediate death from an injury received on the said day], in the presence of the subscribers, did declare his last will and wishes concerning the disposition of his property, in the follovring vv'ords, viz. : "I desire that one thousand dollars, now in The California Savings and Loan Society bank, at San Francisco, California, be given to my sister, M. D., which I will and devise to her." At the time the said J. D. stated the foregoing as his will, he was of sound mind and memory, and not under any restraint, and he at that time desired us to bear witness that such was his wish, desire and will. Reduced to writing by us, this fifth day of January, 1917. R. R. J. S. NOTE — A nuncupative will is a spoken will, and must be made under one or more of the circumstances described in the form. Not over one thousand dol- lars can be given away bv such will. There must also be two witnesses. ^ The words spoken must be reduced to writing within thirty days, and offeree, for r.robate within six months, and not before fourteen days after the death of the maker: Cal. Civ. Code, sees. 1289, 1290. No. 3927. Olographic (or Holographic) Will. San Francisco, June 3, 1917. I, J. S., hereby make my last will. I give all the property of which I die possessed to my wife, M. E. S. I appoint my wife executrix of this will, without bonds. I give her power to sell all or any of my 1265 Wilts — Pkubate and Contest of. estate, witliout an order of court; and I revoke all the wills by me heretofore made. I declare that this will is entirely written, dated, and signed by my hand. J. S. NOTE.— An olographic will is one that is entirely written, dated and signed by the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed. The only difference between a witnessed and an olographic will is as above stated, therefore all forms of will are simple wills when not written, etc., by the testator. If written by the testator, and also witnessed, it is an olographic will and may be established either by the witnesses or by proof of the handwriting of the testator. Every letter, word, figure, and probably punctuation marks and crossing of "t's" and dotting of "i's/' if the sense is changed, must be by the maker: Cal. Civ. Code, see. 1227. 3950. 3951. 3952. 3953. 3954. 3955. 3956. 3957. 3958. 3959. 3960. 3961. 3962. 3963. 3964. 3965. 3966. 3967. 3968. 3969. 3970. 3971. 3972. 3973. 3974. 3976. 3977. 3078. 3979. 3980. 3981. 3982. 3983. 3985. 3C86. 3987. 3988. WILLS— PROBATE AND CONTEST OF. Order to produce will. Order requiring production of will. Warrant of commitment on failure to produce wilL Petition for order to produce concealed will. Kenunciatlon of 'right to letters lay executor. Petition for probate of ■wall. Petition for probate of foreign will. Petition for probate of foreign will — Another form. Petition for probate of lost vail. Petition for probate of will not in possession of petitioner. Notice of time and place for proving will. Affidavit of mailing notice of probate to heirs. Affidavit of publication of notice of probate of will. Affidavit of personal service on heirs. Testimony of applicant on probate of will. Testimony of subscribing witness. Testimony of mteiess on prolate of will. Testimony of applicant on probate of \vill — Another form. Certificate of proof of vrtU. Certificate of proof of will and of facts found— Another form. Certificate of proof of lost will. Certificate of rejection of v/ill. Order admitting will to probate. Order admitting will to probate — Another form. Order adinitting will to probate— Another form. Opposition to proTjate of will. Answer to opposition to probate. Contest of mil before probate. Contest and opposition to probate of codicil. Petition to revoke the probate of a vrill on discovery of later will. Citation on application to revoke probate. Order revoking probate of will. Contest of will after probate. Order appointing time for hearing petition for probate of foreign will. Order adjnittiug foreign will to probate. Certificate establishing lost or d-stroycd will. Petition for probate of nuncupative will. Form Book — 80 Forms 3950-3953 Cowdery's Form Book. 1266 ITc. 3950. Order to Produce Will. [Title of Coi7i-t and Estate.] It appearing that J. B. has in his possession a will executed by J. G. F., it is ordered that he, the said J. B., produce the same in this court on Monday, May 12, 1917, or show cause then and there why he should not produce it. Dated . , Judge. NOTE.— In California, if the petition alleges that a will is in the possession of a person not joining in the petition, an order will be made directing him to produce it at a time stated in the order: California, Code Civ. Proc, sec. 1302; Arizona, Eev. Stats. 1913, par. 740; Idaho, Rev. Codes, 1907, sec. 5300; Mon- tana, Rev. Codes 1907, sec. 7389 ; Washington, Rem. Codes, see. 1295. No. 3951. Order Requiring Production of Will. [Title of Court and Estate.] It appearing to this court that has in his possession a will executed by , deceased, it is hereby ordered that said produce said will in this court at 10 o'clock A. M. on , 19— or show cause then and there why he should not produce it; and it is further ordered that a copy hereof be served on said not less than days before snid time. Dated , 19—. .^— , Judge of Superior Court. No. 3952. Warrant of Commitmsnt on Failure to Produce Will. [Title of Court and Estate.] It appearing to the satisfaction of this court that on , 19 — , an order was duly made requiring to produce in this court the will of , deceased, or to show cause why he should not produce it, and that such order Avas duly served on said as therein directed, and that said has failed and refused, and now fails and refuses, to obey said order, it is therefore adjudged and decreed that said is guilty of contempt of court in disobeying said order, and it is further adjudged and decreed that he be arrested and committed to the county jail, there to be confined until he obeys the said order of this court. Dated , 19—. , Judge of Superior Court. No. 3953. Petition for Order to Produce Concealed Will. [Title of Court and Estate.] The executor of the estate of J. G. F., deceased, complains to this o.ourt by this petition, and states: That on January 29, 1917, petitioner filed in this court a document purporting to be the last will of said deceased. That thereafter such 12G7 "Wills — Probate and Contest of. Forms 3954, 3955 proceedings were had that your petitioner was duly appointed executor under said will, and he is now the qualified and acting executor thereof. That since his said appointment and qualification as aforesaid peti- tioner has been informed and he believes that the will aforesaid was not the last will of said deceased. That the last will of said deceased was executed subsequent to the will probated as aforesaid, and your pc'litioner is informed and believes and therefore avers that the last will of said deceased is now in the possession of one L. R. L., a resident of said county. That petitioner has demanded said will of said L., but he, admitting that he has said will in his possession, refuses to deliver it to petitioner, or to file it in this or any other court, though by petitioner requested so to do. "Wherefore, petitioner prays for an order citing said L. before this court to make answer under oath respecting said will, or [state the facts relating to any other cause of complaint permissible under the statutes referred to in the notes in this form]. Dated . Verified. [Signature.] NOTE. — In California, if any person interested in the estate complains to the superior court, on oath, that a person is suspected to have concealed, em- bezzled, smuggled, conveyed away or disposed of any moneys or goods of the decedent, or has in his possession or knowledge any deeds, conveyances, bonds, contracts or other writings which contain evidences of, or tend to disclose the interest, or claim of the decedent to any estate, or any claim or demand, or any lost will, the said court or judge may cite such person to appear before such court and may examine him on oath upon the matter of such complaint: Cali- fornia, Code Civ. Proc, sec. 1459; Alaska, Comp. Laws 1918, sec. 1642; Ari- zona, Rc-v. Stats. 1913, par. 862; Idaho, Rev. Codes, 1907, see. 5432; Montana, Rev. Codes 1907, sec. 7505. No. 3954. Renunciation of Right to Letters by Executor. [Title of Court and Estate.] The undersigned, who is named as executor in the last will of , deceased, respectfully renounces his right to letters testamentary under said will, and declines to act as executor thereof. Dated August 17, 1917. No. 3955. Petition for Probate of Will. [Title of Court and Estate.] To the Honorable, the Superior Court of the County of Sacramento, State of California: The petition of T. M. and G. B., of the county of Sacramento, state of California, respectfully shows: That P. C. died on or about the eleventh day of April, 1917, at the comity of Sacramento. Form 3955 Cowdery's Form Book. 1268 That said deceased, at the time of his death, was a resident of the county of Sacramento, in said state of California, and left estate therein and in San Francisco, consisting of real and personal property. That the probable value and character of the said property are as follows, to wit: The real estate consists of a lot of land in the city and county of San Francisco, of the value of fifty thousand dollars, or thereabouts, and of fonr lots in the city of Sacramento, of the value of twenty-five thousand dollars or thereabouts. One of said lots in Sacramento was the residence and homestead of said P. C. at the time of his death. All of said real estate is improved, and yields rents and income of one thousand dollars per month. The personal property consists of his stock in trade, of the value of twenty thousand dollars or thereabouts, and of household furniture, of the value of ten thou- sand dollars or thereabouts. The lot of land in San Francisco is sepa- rate property, the same having been owned by him before marriage. All the other estate, both real and personal, is common property, the same having been acquired by him after his marriage. That the total estate of said deceased does not exceed in value the sum of one hundred and twenty-five thousand dollars. That said deceased left a will bearing date the ninth day of April, 1917, in the possession of his widow, J. C, which your petitioners be- lieve and therefore allege to be the last will and testament of said deceased, and which is herewith presented to said superior court. That your petitioners, T. M. and G. B., named in said will as execu- tors thereof, consent to act as such ; and J. C, aged about forty years, residing at said city of Sacramento, widow of said deceased, C. C, the son of said deceased, aged about eighteen years, and E. C, the daughter of said deceased, aged about sixteen years, residing also at said city of Sacramento, are named therein as devisees. [Or, the said will was entirely written, signed, and dated by said testator.] That the subscribing witnesses to said will are M. K., residing in the said city of Sacramento, and H. W., also residing in the said city of Sacramento. That the next of kin of said testator, whom your petitioners are advised and believe, and therefore allege to be the heirs at law of said testator, and the names, ages, and residences of said heirs are his said surviving wife, J. C, aged about forty years, residing at said city of Sacramento, and his said children, C. C, aged about eighteen years and E. C, aged about sixteen years, residing at said city of Sacramento. That at the time said will was executed, to wit, on the said ninth day of April, 1917, the said testator was over the age of eighteen years, to wit, of the age of forty-five years or thereabouts, and was of sound and disposing mind, and not acting under duress, menace, fraud, or undue influence, and was in every respect competent, by last will, to dispose of all his estate. 1269 Wills — Probate and Contest of. Form 3956 [Tliat said AA'ill is in writing, signed by the said testator, and attested by said subscribing witnesses, at the request of said testator, sub- scribing their names to the said will in the presence of the said testator, and in the presence of each other; and that, as your petitioners are advised, and therefore allege, said witnesses, at the time of attesting the execution of said will, were, and are now, competent.] Wherefore, your petitioners pray that the said will may be admitted to probate, and that letters testamentary be issued to your petitioners, and for that purpose a time for proving said will be appointed, and that all persons interested be notified and directed to appear at the time appointed for proving the same; and that all other necessary and proper orders may be made in the premises. Dated . , Petitioner. NOTE. — In California, an executor, devisee or any other person interested in the estate may, at any time, petition the court to have the will proved, whether the same be in writing, in his possession or not, or is lost or destroyed, or bevoud the jurisdiction of the state, or a nuncupative will : California, Code Civ. Proc, sec. 1299. Such petition must show: 1. The jurisdictional facts; 2. Whether the person named as executor coBsents to act, or renounces his right to letters; 3. The names, ages, and residence of the heirs and devisees, so far as known to the petitioner; 4. The probable value and character of the property; 5. The name of the person for whom letters are prayed. No defect of form, or in the state- ment of jurisdictional facts actually existing, voids the probate of a will : Cali- fornia, Code Civ. Proc, sec. 1300. See, generally, Alaska, Comp. Laws 1913, sec. 1604 et seq.; Arizona, Rev. Stats. (Liv. Code 1913), sec. 736 et seq.; California. Code Civ. Proc, sec 1298 et seq.; Colorado, Mill's Ann. Stats. 1912, sec. 7867 et seq.; Hawaii, Rev. Code 1915, sec. 2487; Idaho, Rev. Codes 1907, sec. 5298 et seq.; Kansas, Gen. Stats. 1915, sec. 11,764 et seq.; Montana, Rev. Codes 1907, sec 7387 et seq.; Nebraska, Rev. Code 1913, sec. 1303 et seq.; Nevada, Rev. Laws 1912, see. 5865 et seq.; New Mexico, Stats. Ann. 1915, sec. 5871 et seq.; North Dakota Comp. Lav>'s 1913, sec 8635 ct seq.; Oklahoma, Harris & Day's Code 1910, sees. 6199-6232; Oregon, Lord's Oregon Laws, sees. 1138-1176; South Dakota, Comp. Laws 1913, sec. 5659 et seq.; Utah, Comp. Laws 1907, sec 3785 et seq.; Washington, Rem. Code, sec. 1287 et seq.; Wyoming, Comp. Stats. 1910, sec. 5400 et seq. No. 3956. Petition for Probate of Poreign WilL [Title of Court and Estate.] [The same as in a petition for probate of a domestic will (see Form No. 3955), then continue:] That on the second day of May, 1917, in the district court of the county of Ormsby, in the state of Nevada, such pro- ceedings were had that an order was duly made admitting said will to probate, and appointing A B executor thereof; and such proceedings were thereafter had that the said A B qualified as executor, and he is now the executor of said will, and his appointment has not been revoked. [Signature.] NOTE. — In such cases the proceedings as to notice, etc., are the same as is provided for an original petition for the probate of a will: California, Code Civ. Proc, sec. 1323. Fonn3957 Cowdery's Form Book. 1270 No. 3957. Petition for Probate of Foreign Will— Another Form. [Title of Court and Estate.] The petition of respectfully states: That died on or about the day of , 19 — , in the county of , state of , and was at the time of his death a resident of the county of , in the state of ; that he left a last will and testament, which has been duly admitted to probate in the court of the county of , state of , an exemplified copy of which last will and testament, and of the order of said court admitting it to pro- bate, is presented and filed herewith and made a part hereof; that said court at the time of making said order was a court of competent juria- dietion, and had jurisdiction of the subject matter and of all parties interested in the estate of said decedent; that petitioner is interested in said estate. That the names, ages and residences of the devisees and legatees named in said will are as follows: , his widow, aged years, residing in , California; , aged years, residing in , California; , aged years, residing in , California. That the names, ages and residences of the heirs of said decedent are as follows: , his widow, aged years, residing in , Califor- nia; , aged years, residing in , California; and aged years, residing in , California. That the probable value and character of the estate of said decedent are as follows : Personal property consisting of household goods and fur- niture of the value of two thousand dollars; real property consisting of a residence in of the value of five thousand dollars, and a farm of one hundred acres in Sonoma county of the value of ten thousand dol- lars, and a hotel in San Francisco of the value of eight thousand dollars. All of said estate is community property, with the exception of said hotel, which is separate property. The annual rents and income from said real property amount to three thousand dollars. That the total value of said estate does not exceed twenty-six thousand dollars. Wherefore your petitioner prays that said will be admitted to pro- bate, and that letters testamentary be issued to your petitioner; that for such purpose a time for proving said will be appointed, and that all persons interested be notified and directed to appear at the appointed time; and that all other necessary and proper orders be made in the premises. Dated , 1917. , Petitioner. ■ f Attorney for Petitioner. 1271 Wills — Probate and Contest of. Forms 3958, 3959 No. 3958. Petition for Probate of Lost Will. [Title of Court and Estate.] [Commence the same as in Petition for Probate of a Will Produced and Filed, Form 3955. Then allcs'e:] That said will was in the words and figiires following, to wit: [Set out will in full.] That said will was in the possession of deceased un- revoked at the time of his death. That he met death by burning on May 3, 1917, at the city of B., and said will was accidentally burned with his body. Wherefore petitioner prays that said will may be admitted to probate as the last will of said deceased. Dated . [Signature.] NOTE. — In California, a lost or destroyed will may be established by proof, notice to all persons interested being first given as proscribed in regard to proofs of wills in other cases. All the testimony must be reduced to writing, and signed by the witnesses: California, Code Civ. Proc, sec. 1338. No. 3959. Petition for Probate of Will not in Possession of Petitioner. [Title of Court and Estate.] [Commence as in Petition to Probate Will (Form No. 3955), and then insert:] That said deceased left a will bea,ring date the ninth day of April, 1917, which your petitioners believe and therefore allege to be the last will and testament of 6aid deceased, and which will is, as petitioner is informed and believes, and therefore alleges, in the possession of J. G., and he, the said J. G., has been requested to file said will in the court having jurisdiction of this estate, but he has refused, and still does refuse, to either file said will or deliver the same to this petitioner, or any other person. [Continue as in said form down to the last paragraph, and then con- clude:] Wherefore your petitioner prays for an order directing the said J. G. to produce said will in this court at a time named in said order; and your petitioners p,ray that the said will may be admitted to probate, an 1 that letters testamentary be issued to your petitioner, and for that pur- pose a time for proving said will be appointed, and that all persons interested be notified and directed to appear at the time appointed for proving the same; and that all other necessary and proper orders may be made in the premises. Dated . [Signature.] NOTE. — California, Code Civ. Proc, sec. 1302. Forms 3960, 3961 Cowdery's Form Book. 1272 No. 3960. Notice of Time and Place for Proving WiU. [Title of Court and Estate.] Notice is hereby given, that Monday, the fifth day of May, 1917, at 10 o'clock A. M. of said day, and the courtroom of said court, at the City Hall, in the county of Sacramento, state of California, has been appointed as the time and place for proving the will of said P. C, deceased, and for hearing the application of T. M. and G. B., for the issuance to them of letters testamentary thereon. Dated . , Clerk. NOTE. — In California, ■when a petition for probate of a will is filed and the will produccJ, the clerk sets the petiiicn for hearing upon some day not less than ten nor more than thirty days from the production of the will. "iSTotice of the hearing is given by the clerk by publishing in a newspaper of the county; if there is none, then by three written or printed notices posted at three of the most public places in the county. If the notice is published in a weekly newspaper it must appear therein on at least three different days of publica- tion, and, if in a newspaper published oftencr than once a week, it shall be so published that there must be at least ten days from the first to the last day of publication, both the first and the last day being included. If the notice is by posting, it must be given at least ten days before the hearing: California, Code Civ. Proc, sees. 1303, 1304; Alac-ka, Comp. Laws 1913, sec. 1613; Arizona, Eev. Stats, pars. 741, 742; Idaho, Eev. Codes 1907, sees. 5301, 5302; Montana, Rev. Codes 1907, sees. 7390, 7391. No. 3961. Affidavit of Mailing Notice of Probate to Heirs, [Title of Court and Estate.] State of California, County of , ss. , of said county, being duly sworn, deposes and says that he is over eighteen years of age, and competent to be a witness in said estate proceedings; that on January 17, 1918, he addressed a copy of the rjotioe of the time and place appointed for the hearing of the petition for the probate of the will of said deceased to each of the heirs of said deceased at their respective places of residence, namely: To , at , California; to , at , California; to , at Santa Rosa, California; and deposited the same in sealed envelopes in the United States postoffice at Santa Rosa, California, postage pre- paid. A copy of said notice is hereto attached and made a part hereof. Subscribed and sworn to before me this day of , 19 — . ■ , Deputy County Clerk. NOTE. — In California, copies of the notice of the time appointed for the probate of the will must be addressed to the heirs of the testator resident in the state, at their places of residence, if known to the petitioner, and deposited in the postoffice, with the postage thereon prepaid, at least ten days before the hearing. If their places of residence be not known, the copies of notice may be addressed to them, and deposited in the postotfice at the county seat of the 1273 Wills— Probate and Contest of. Forms 3962, 3963 county where the proceedings are pending. A copy of the same notice must in like manner be mailed to the person named as executor, if he be not the peti- tioner; also, to any person named as coexecutor not petitioning, if their places of residence be known. [Proof of mailing the copies of the notice must be made at the hearing. Personal service of copies of the notice at least ton days before the day of hearing is equivalent to mailing.] California, Code Civ. Proc, sec. 1304; Arizona, Rev. Stats. 1913, pars. 741-742; Idaho, Itev. Codes 1907, see. 5302; Montana, Kev. Codes 1907, sec. 7390; Washington, Rem. Codes, sees. 1281, 128S. No. 3962. Affidavit of Publication of Notice of Probate of Will. [Title of Court and Estate.] State of California, County of , ss. , of said county, being duly sworn, deposes and says that he is over eighteen years of age; that he is not interested in said estate, nor a party thereto; that he is the principal clerk of the printers and publishers of the , a weekly newspaper published in said county, and as such clerk he has charge of all advertisements in said news- paper; and that a notice, of which the annexed is a true copy, was pub- lished in said newspaper on three different days of publication, com- mencing on January 17, 1918, and ending on January 31, 1918. Subscribed and sworn to before me this day of , 19 — . f Notary Public. No. 3963. Affidavit of Personal Service on Heirs. [Title of Court and Estate.] State of California, County of , ss. , of said county, being duly sworn, deposes and says that he is over eighteen years of age and competent to be a vritness in said estate proceedings; that on , 19 — , he served a copy of the notice of the time and place appointed for the hearing of the petition for the probate of the will of said deceased, by personally delivering the same to each of the heirs of said deceased at their respective places of residence, namely: To , at , California; to , at , California; to , at , California. A copy of said notice is hereto attached and made a part hereof. Subscribed and sworn to before me this day of , 19 — . , Deputy County Clerk. Forms 3964, 3965 Cowdery's Form Book. 1274 No, 3964. Testimony of Applicsmt on Probate of WilL [Title of Court and Estate.] T. M., being duly sworn in open court, testifies as follows: I am one of the persons named as executors in the document now shown to me, marked as filed in this court on the eighteenth day of April, 1916, purporting to be the last will and testament of P. C. I reside in the city of Sacramento, and am of the age of twenty-one years and upwards. I kneAv said P. C; he is dead; he died on or about the eleventh day of April, 1916, at his residence, in the city of S&cramento, state of California. At the time of his death he was a resident of the said city of Sacra- mento, and left estate, both real and personal, in the said city of Sacramento, state of California, and in the city and county of San Francisco, in said state. The real estate is of the value of seventy-five thousand dollars or thereabouts, and the annual rents, issues, and profits of said real estate amount to the sum of twelve thousand dollars, or thereabouts. The personal property is of the value of thirty thousand dollars, or thereabouts. The said estate and effects, for, or in respect of, which the probnte of said will has been applied for, do not exceed the value of one hun- dred and twenty-five thousand dollars. All of the estate of said de- ceased is common property, the same having been acquired after liis marriage, except the real estate in San Francisco, which was owned by him before his marriage. The said document came into my possession as follows, to wit: The said document was handed to me by J. C, the widow of said deceased, and I believe the same to be his last will and testament. Tlie next of kin of said deceased are said J. C, his widow, and C. C. and E. C, his children, aged respectively, forty, eighteen and sixteen years, all residing in the city of Sacramento. On the ninth day of April, 1916, when said will v\'as executed, said deceased was over the age of eighteen years, being of the age of forty- five years, or thereabouts, and was of sound and disposing mind. [Signatui'c] Subscribed and sworn to [etc.]. NOTE.— California, Code Civ. Proc, sec. 1316. No. 3965. Testimony of Subscribing Witness. [Title of Court and Estate.] J. G., being duly sworn in open court, testifies as follows: T reside in the city and county of San Francisco, state of California. I knew'w. G. F., on the first day of January, 1916, the date of the instrument now shown to me, marked as filed in this court on the 1275 Wills — Probate and Contest op. Form 3966 twenty-fourth day of February, 1916, purporting to be the last will and testament of the said decedent; I am one of the subscribing witnesses to said instrument. I also knew at the said date of said instrument, H. B. and other of said subscribing witnesses. The said instrument was signed by the said decedent at the said city and county of San Francisco, on the first day of January, 1916, the day it bears date, in the presence of myself and of said H. B., and the said decedent thereupon published the said instrument as, and declared to us the same to be, his last will and testament, and requested us in attestation tliereof to sign the same as witnesses. The said H. B. and I then and there, in tlie presence of the said decedent, and in the presence of each other, subscribed our names as witnesses to the said instrument. At the time of executing the said instrument the said decedent was over the age of eighteen years, and was of sound and disposing mind, and not acting under duress, menace, fraud, undue influence or mis- representation. [Signatures.] Subscribed and sworn to [etc.]. NOTE. — In California, the evidence of tlie subscribing witness to a will must be reduced to writing: California, Code Civ. Proc, sec. 1314; Arizona, Eev. Stats. 1913, par. 750; Idaho, Rev. Codes 1907, sec. 5310; Montana, Rev. Codes 1907, sec. 7399. No. 3986. Testimony of Witness on Probate of Will. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. , of lawful age, and a competent witness, being duly sworn in open court, testifies as follows: I reside in the , county of , state of California. I knew • on the day of , 191 — , the date of the instrument now shown to me, marked as filed in this court on the day of , 191 — , purporting to be the last will and testament of the said I am one of the subscribing witnesses to said instrument. I also knew at the said date of said instrument the other — of said subscribing Avitnesses. The said instrument was signed and sealed by the said at , in the county of , on the said day of , 191 — , the day it bears date, in the presence of myself and of said , and the said thereiipon published the said instrument as, and declared to us the same to be, last will and testament and requested us in attesta- tion thereof to sign the same as witnesses. The said and I then and there in the presence of the said and in the presence of each other, subscribed our names as witnesses to the said instrument. Form 3967 Cowdeby's Form Book. 1276 At the time of executing the said instrument, to wit the day of , 191 — , the said was over tlie age of eighteen years, to wit, of the age of years or thereabouts, and was of sound and dis- posing mind, and not acting under duress, menace, fraud or undue influence . Subscribed and sworn to in open court before me, this day of , 191—. , Deputy County Clerk. No. 3967. Testimony of Applicant on Probate of Will — ^Another Form. [Title of Court and Estate.] State of California, City and County of San Francisco, — ss. ■ , being duly sworn in open court, testifies as follows: I am the person — named as execu — in the document now shown to me, marked as filed in this court on the day of , 191 — ; purporting to be the last will and testament of . I reside in the county of , and am of the age of twenty-one 5'cars and upward. I knew said ; he is dead; he died on or about the day of , 191 — , at in the county of , state of California. At the time of death, he was a resident of the , county of , and left an estate in the county of , state of California, The real estate is of the value of $ , or thereabouts, and the annual rents, issues and profits of said real estate amount to the sum of , or thereabouts. The personal property is of the value of $ , or thereabouts. The said estate and effects, for or in respect of which the probate of said will has been applied for does not exceed the value of $ of the estate of said deceased is property, the same having been acquired marriage. The said document came into my possession as follows, to wit: , and I believe the same to be last will and testament . The next of kin of said deceased are . On the day of , 191 — , when said will was executed, said deceased was over the age of eighteen years, being of the age of years or thereabouts, and was of sound and disposing mind. Subscribed and sworn to in open court, before me, this day of — , 191— , Deputy County Clerk. 1277 Wills — Probate and Contest of. Forms 3968, 3969 No. 3968. Certificate of Proof of Will. [Title of Court and Estate.] State of California, County of Sacramento, — S3. I, R. C. C, judge of the said superior court, do Tiereby certify, that on the second day of May, 1916, the annexed instrument was admitted to probate as the last will and testament of P. C, deceased, and, from the proofs taken and the examinations had therein, the said court finds as follows: That said P. C. died on or about the eleventh day of April, 1916, in the county of Sacramento, state of California; that at the time of his death he was a resident of the county of Sacramento, aforesaid [or that he left estate in said county], state of California; that the said annexed will was duly executed by the said decedent, in the countj of Sacramento aforesaid, state of California, and signed by the said testator in the presence of M. K. and H. W., the subscribing witnesses thereto, also that he. acknowledged the execution of the same in theii presence, and declared the same to be his last will and testament, and the said witnesses attested the same at his request in his presence and in the presence of each other; that the said decedent, at the time of executing said will, was of the age of eighteen years and upwards, was of sound and disposing mind, and not under duress, menace, fraud, or undue influence, nor in any respect incompetent to devise and bequeath his estate. In witness whereof, I have signed this certificate, and caused the same to be attested by the clerk of said court, under the seal thereof, this second day of May, 1916. [Signature.] NOTE. — In California, if the court is satisfied, upon the proof taken or from the facts found by the jury, that the will was duly executed and that th» testator was, at the time of its execution, of sound mind and not acting unde? duress, menace, fraud or undue influence; a certificate of the proof, and the facts found, signed by the judge and attested by the seal of the court, must be attached to the will: California, Code Civ. Proc, sec. 1317; Arizona, Eev. Stats. 1913, par. 745; Idaho, E«v. Codes 1907, sec. 5313; Montana, Eev. Codes 1907, sec. 7394.' No. 3969. Certificate of Proof of Will and of Facts Found— Another Form. [Title of Court and Estate.] State of California, City and County of San Francisco,^ — ss. I^ , judge of the superior court of said county, do hereby certify: That on the day of , 191 — , the annexed instrument was admitted to probate as the last will and testament of , deceased; Form 3970 Cowdery's Form Book. 1278 that the testimony taken on the probate of said will, rcdaced to writing? and signed by the witnesses respectively, is filed in this court, and from the proofs taken and the examinations had therein, the said court finds as follows: That said died on or about the daj^ of , 191 — , in the county of , state of ; that at the time of — death was a resident of the said city and county of San Fran- cisco, state of California; that the said annexed will was duly executed by the said decedent in lifetime, in the county of , state of , and signed by the testat — in the presence of and the subscribing witnesses, thereto; also that acknowledged the execution of the same in their presence, and declared the same to be last Avill and testament, and the said witnesses attested the same at request, in presence and in the presence of each other, that the said decedent, at the time of executing said will, was of the age of eighteen years and upward, was of sound and disposing mind, and not acting under duress, menace, fraud or undue influence, nor in any respect incompetent to devise and bequeath estate. In witness whereof, I have signed this certificate and caused the same to be attested by the clerk of said court, under the seal thereof, this day of , 191 — . , Judge of the Superior Court. Attest: , Clerk. By , Deputy Clerk. No. 3970. Certificate of Proof of Lost Will. [Title of Court and Estate.] I, J. V. C, judge of the superior court of the state of California in and for said city and county, do hereby certify: That on May 9, 1916, H. M. F. died in the city and county of San Francisco, state of Cali- fornia, and at the time of his death was a resident of said city and county. That on the third day of January, 1916, the said decedent, in the city and county of San Francisco, state of California, in the presence of H. C. and G. W. J., as subscribing witnesses, executed his last will and testament. Also, that he acknowledged the execution of the same in their presence, and declared the same to be his last will and testament, and the said witnesses attested the same at his re- quest, in his presence, and in the presence of each other. That the said decedent, at the time of executing said will, as aforesaid, was of the age of eighteen years and upward; v\'as of sound and disposing mind, and not under restraint, undue influence, menace, fraud, duress, or fraudulent misrepresentations, or in any respect incompetent to devise and bequeath his estate. That said will was in existence at the time of said testator's death, and it had not been annulled or revoked. That said will has since been by accident destroyed. That said will was in the words and figures following, to wit: [Here state the contents.] It is therefore ordered that this instrument be filed and recorded as 1279 Wills— Probate and Contest of. Forms 3971, 3972 the last will and testament of said H. M. F., deceased, and that letters testamentary be issued to the executors named in said will. In witness whereof, I have signed this certificate and caused tlie same to be attested by the clerk of this coiut under the seal thereof, this tenth day of May, A. D. 1916. [Signature.] NOTE. — In California, when a lost will is established, the provisions thereof must be distinctly stated and certified by the judge under his hand and tlio seal of tlio court, and the certificate must be filed and recorded as other wills are filed and recorded and letters testamentary or of administration with the will annexed must be issued thereon in the same manner as upon wills pro- duced, and duly proved: California, Code Civ. Proc, sec. 1340; Arizona, Rev. Stats. 1913, par. 768; Idaho, Rev. Codes 1907, sec. 5327; Montana, Rev. Codes 1907, sec. 7416; "Washington, Rem. Codes, sec. 1315. No. 3971. Certificate of Rejection of WilL [Title of Court and Estate.] State of California, County of , ss. I, M. , judge of the said superior court, do hereby certify that on the fifth day of February, 1918, the annexed instrument was filed in the above-named court, together with the petition of -, praying that the same be admitted to probate as the last will and testament of , deceased; and said matter coming on regularly for hearing before said court on the day of , 191 — , and the matter then being submitted for decision, said court entered its judgment rejecting said will, and ordered that the same be not admitted to probate. In witness whereof I hereunto set my hand this day of , 191—. , Judge of Superior Court. No. 3972. Order Admitting Will to Probate. [Title of Court and Estate.] The petition of D. B. heretofore filed in the above-entitled matter praying for the admission to probate of a certain document filed licrein, purporting to be the last will and testament of H. H. M., deceased, and also praying to be appointed executor thereof, coming on this day to be heard; and said matter having been submitted, it is ordered that said document be admitted to probate as the last will and testa- ment of said deceased, that said D. B. be, and he is hereby, appointed executor thereof, and that letters testamentary thereon issue to said petitioner upon taking the oath required by law. Dated . [Signature.] NOTE. — In California, if no person appears to contest the probate of a will, the court may admit it to probate on the testimony of one of the subscribing Forms 3973, 3974 Cowdery's Form Book. 1280 witnesses only, if he testifies that the will was executed in all particulars as required by law, and that the testator was of sound mind at the time of its execution: California, Code Civ. Froc, sec. 1388. This form is drawn in the spirit of the liberal language of section 1704 of the Code of Civil Procedure, providing "that orders and decrees made by the court, or a judge thereon, in probate proceedings, need not recite the existence of facts, or the performance of acts upon which the jurisdiction of the court or judge may depend, but it shall only be necessary that they contain the matters ordered or adjudged, except as otherwise provided." It may be used in California: California, Code Civ. Proc, sec. 1704; Alaska, Comp. Laws 1913, sees. 1604-1632; Arizona, Rev. Stats. 1913, pars. 807, 1073; Idaho, Rev. Codes, 1907, sec. 5655; Montana, Rev. Codes 1907, sees, 7452, 7701; Washington, Rem. Codes, sec. 1297. No. 3973. Order Admitting Will to Prol)ate— Another rorm. [Title of Court and Estate.] The petition of praying for the admission to probate of a certain document filed in this court, purporting to be the last will and testament of , deceased, and that letters testamentary be issued to said petitioner ■ this day coming on regularly to be heard, and due proof being made to the satisfaction of this court that notice had been given according to law of the time and place of hearing said petition, and after examining the said petitioner— and , the sub- scribing witnesses to the will, produced in belialf of said petitioner—; and it duly appearing to said court that said died on the day of ■ , 191 — , resident of the county of . it is ordered that the said document heretofore filed, purporting to be the last will and testament of said , deceased, be admitted to probate as the last will and testament of said , deceased; that said be, and — he hereby appointed , and tliat letters — issued to said petitioner — upon giving the bond required by law for the faithful execution of tlie duties of the trust as such in the sum of dollars, with sufficient sureties, to be approved by the superior court judge, and upon taking the oath as required by law. No. 3974. Order Admitting Will to Probate— Another Foiin. [Title of Court and Estate.] The petition of T. M. and G. B., heretofore filed in the above-entitled matter, praying for the admission to probate of a certain document filed herein, purporting to be the last will and testament of P. C, deceased, and to be appointed executor thereof, and that letters testa- mentary be granted to said petitioner, this day regularly coming on to be heard, and due proof being made that notice has been duly given of the time appointed for proving said will, and for hearing said peti- tion, according to law, to all parties interested; and, after examining tlio said petitioner and M. K. and H. W., the subscribing witnesses to said will, from which it appears that said document is the last will and testament of said P. C, deceased; that it was executed in all par- 1281 "Wills — Probate and Contest of. Forms 3976, 3977 ticulars as required by law, and that the said testator, at the time of the execution of the same, was of sound and disposing mind, and not acting under undue influence, menace, fraud, or duress, and that said testator died on tlie eleventh day of April, 1917; that he was a resident of the county of Sacramento, in the state of California, at the time of his death ; that the value of said estate is estimated at one hundred and twenty-five thousand dollars: It is ordered that the said document heretofore filed, purporting to be the last v\-ill and testament of said P. C, deceased, be admitted to probate as the last will and testament of said deceased; that said T. M. and G. B. be, and they are hereby, appointed executors thereof, and that letters testamentary thereon issue to said petitioners upon taking the oath required by law, it being expressly provided in said will tliat no bond shall be required of the executor. Dated . , Judge. No. 3976. Opposition to Probate of Will. [Title of Court and Estate.] Now comes , who says that he is a son and heir of said de- ceased, and who opposes the probate of the instrument filed in this court purporting to be the last will of said deceased, and for ground of opposition alleges: First. That said decedent was not, at the time of the execution of said instrument, competent to make a will, in this, that for over five years prior to said time he had been so addicted to the excessive use of intoxicating liquors that at said time his reason was dethroned and he was not of sound and disposing mind. Second. That said instrument was not attested and executed as a will, in this, that said deceased did not sign said instrument in the presence of the alleged witnesses, nor did he acknowledge to said witnesses that the signature to said instrument was his, or that it was made by his authority; nor did said witnesses sign said instrument as witnesses in the presence of the testator or in the presence of each other. Wherefore contestant prays that said instrument be denied probate. , Contestant. , Attorney for Contestant. No. 3977. Answer to Opposition to Probate. [Title of Court and Estate.] Now comes , proponent of the will of said deceased, and for answer to the opposition to the probate of said will filed herein by denies and avers as follows: Form Book — 81 Form 3978 Cowdery's Form Book. 1282 Denies that said is a person interested in said estate, and denies that he is an heir or son of said deceased. Avers that said decedent was, for over five years prior to the execu- tion of his will filed herein, addicted to the excessive use of intoxicating liquor, but denies that his reason was dethroned at the time of the execution of said will, and denies that he was not of sound and dis- posing mind at said time. Denies that said will was not signed by said decedent in the pres- ence of the alleged witnesses, and denies that said witnesses did not sign said will in the presence of said decedent and in the presence of each other. Wherefore proponent prays that said opposition be dismissed, and that said will be admitted to probate as the last will and testament of said deceased, and for costs herein. , Attorney for Proponent. No. 3978. Contest of Will Before Probate. [Title of Court and Estate.] Now comes H. F. W. F., son and heir of said H. M. F., the said deceased, and contesting the will filed in the court purporting to be the last will of said deceased, for ground of contest states: [If the contest is on the ground of incompetency:] The said H. M. F. was not, when said alleged will was executed, of sound and disposing mind. In this: The said H. M. F. was under the influence of alcoholic drink, and other intoxicants to such degiee that he did not know what he was doing when he executed said will. [If on the ground of duress state:] The said H. M. F. was, when said alleged will was executed, acting under the undue influence of W. J. In this: The said deceased was a Protestant and, when said alleged will was executed, a member of the Methodist Church. That he had an antipathy to Unitarians, and all those not believing in the divinity of Jesus Christ that approached monomania. That he had frequently said that a person not believing in the divinity of Jesus Christ had no right to the possession or enjoyment of property (the foundation of all property being in God and given by His Son Jesus to man on condition that mankind would believe in Him). That the said W. J. was with said deceased, when said alleged will was executed; that for many years he, the said W. J., had been and then was a constant companion and warm friend of deceased, and deceased had absolute confidence in everything said W. J. said. That on the day said alleged will was executed the said W. J. said to de- ceased that this contestant was a Unitarian, and to his, W. J. 's, own knowledge, did not believe in the divinity of Jesus Christ. That de- ceased then and there, and acting i;nder the information so obtained, did not provide for contestant in his alleged will; and contestant alleges 1283 Wills — Probate and Contest of. Form 3979 that at the time said will was made he did believe in the divinity of Jesus Christ, and lie does now believe in His divinity. That if said W. J. had not made the statements aforesaid deceased would have provided for contestant in his last will. [If on the ground that it was not properly executed:] That said alleged will was not properly attested and not properly executed in this : The said deceased did not sign said will in the presence of alleged witnesses, nor did he acknowledge to said witnesses that the signature to said will was his, or that it was made by his authority. Xor did said witnesses sign said will as witnesses in the presence of the testator nor in the presence of each other. [If the will purports to be holographic, then:] That said alleged will was not entirely written, dated, and signed by the hand of the testator himself. In this: The figures in the last line "1915" are in print and the word "and" in the third line from the top was not written by deceased. Wherefore contestant prays that said alleged will be denied probate. [Signature.] NOTE. — In California, a will may be contested on any of the following grounds: 1. The competency of tLe decedent to make a last will; 2. The free- dom of the decedent at the time of its execution from duress, menace, fraud, or undue influence; 3. The due execution of it and attestation by the decedent or subscribing witnesses; or 4. Any other questions substantially affecting the validity of the will. The questions at issue must, on request of either party in writing (filed three days prior to the day set for the hearing), be tried by a jury. If no jury is demanded, the court mu?;t try and determine the issues joined. On the trial, the contestant is plaintiff, and the petitioner is defend- ant: California, Code Civ. Proc, see. 1312. See, generally, Arizona, Rev. Stats. (Civ. Code 1913), sec. 745; California, Code Civ. Proc, see. 1312 et seq.; Colorado. Mill's Ann. Stats. 1912, sec. 7894: Idaho, Rev. Codes 1907, sec. 5305 et seq.; Kansas, Gen. Stats. 1915, sec. 11,765 et seq.; Montana. Rev. Codes 1907, sec. 7397 et seq.; Nebraska, Rev. Code 1913, sec. 1303; Nevada, Rev. Laws 1912, sec. 5872 et seq.; New Mexico, Stats. Ann. 1915, sec. 5881 et seq.; North Dakota, Comp. Laws 1913, sec. 8638; Oklahoma, Harris & Day's Code 1910, see. 6210 et seq.; Oregon, Lord's Oregon Laws, sees. 1143, 7334; South Dakota, Comp. Laws 1913, sec. 5671 et seq.; Utah, Comp. Laws 1907, sec. 3791 et seq.; Washington, Rem. Code, sec. 1307 et seq.; "Wyoming, Comp, Stats. 1910, sec. 5439 et seq. No. 3979. Contest and Opposition to Probate of Codicil. [Title of Court and Estate.] Now come M. G. S. and M. T. Company of San Francisco, a cor- poration duly organized and existing under the laws of the state of California, as the executors of the last will and testament of H. W. D., deceased, by C. P., their attorney, and file this their opposition and con- test to the probate of the alleged and pretended codicil to the will of said deceased, Avhich alleged and pretended codicil is dated the seven- teenth day of March, 1914, and the probate whereof has been peti- Form 3979 Cowdery's Form Book. 128 J- tioned for by J. C. R., by his petition filed herein on the tenth day of September, 1914, and for gi'ound of opposition and contest say: I. That the said S. D. died on the fifth day of April, A. D. 1914, in the city and county of San Francisco, state of California, and was at the time of his death a resident of said city and county, and left an estate therein consisting of real and personal property; that said deceased at tlie time of his death was of the age of seventy-eight years. That said deceased had never been married and left no descendants him surviving, and that his father and mother and each and all of his brothers and sisters, except his sister J. D., had died prior to the said fifth day of April, 1914. That at the time of the death of said deceased he left him surviving as his only heirs at law the following persons, whose names, ages, resi- dences and relationship to said deceased are and were as follows, to wit : [Describe them.] That the said J. D., M. G. and H. W, are the only heirs at law of said deceased. That the said H. W. died on the sixth day of May, A. D. 1914, at Cliurchville, in the county of Monroe, state of New York, and at the time of his death was a resident of said county and state, and left an estate in the state of California, situated partly in the city and county of San Francisco, and partly in other counties in said state, consisting of real and personal property; that the estate of said H. W. situated in the state of California consists of an undivided one-quarter interest in all and singular the property comprising the estate of the said S. D., deceased. That said H. W., at the time of his death, left a last will and testa- ment, bearing date the sixth day of May, 1914, in which the M. T. Company of San Francisco was named, nominated and appointed as the executor thereof in respect to the estate of said H. W., deceased, situated in the state of California. That the said M. T. Company of San Francisco is and at all times herein mentioned has been a corporation duly organized and existing under the laws of the state of California, and doing business therein, and having its principal place of business in the city and county of San Francisco, in said state, and as such corporation has been and is now authorized, under and by virtue of its articles of incorporation, and under -and by virtue of the provisions of the act of the legislatixre of the state of California, entitled "An act authorizing certain corpora- tions to act as executor, and in other capacities, and to provide for and regulate the administration of trusts by such corporations," ap- proved April 6, 1891, to act as executor of the last will and testament of deceased persons. That on the fourteenth day of June, 1914, the superior court of the city and county of San Francisco, state of California, in a proceeding then pending therein entitled, "In the Matter of the Estate of H. W., 1285 Wills — Probate and Contest op. Form 3979 Deceased," duly made and rendered its order admitting to probate the aforesaid last v.ill and testament of the said H. W., deceased, and direct- ing the issuance of letters testamentary thereon to the said M. T. Com- pany of San Francisco ; that thereafter, and on the said fourteenth day of June, 1914, the said M. T. Company of San Francisco duly qualified as the executor of the said last will and testament of the said H. W., deceased, and letters testamentary thereon were duly issued to it, and ever since has been, and now is, the duly appointed, qualified and act- ing executor of the last will and testament of said H. W., deceased. II. That the said S. D., at the time of his death, left an olographic last will and testament bearing date the twenty-first day of February, A. D. 1898, and which was entirely written, dated and signed by the hand of the said S. D. himself, and which said last will and testament is in the words and figures as follows, to wit: "San Francisco, Feb. 21st, 1898. "In the Name of God, Amen — I, S. D., of the city and county of San Francisco, state of California, United States of America, born in the village of Gallway, county of Saratoga, state of New York, on the 9th day of March, 1826, being of sound mind and memory, do make, publish and declare this to be my last will and testament. "1st. I make, constitute and appoint J. C. of the city and county of San Francisco, whose office is at 408 California street. Room 2, my executor, of this my last will and testament, to act without giving any bond, undertaking or security of any kind. In case of the inability of the said J. C. from any cause whatever to act, I make, constitute and appoint the U. T. Company of San Francisco, whose place of business is on the northeast corner of Montgomery and Market streets, to act as executor in his stead. "I hereby revoke all former wills made by me. "S. D., "408 California Street." That the aforesaid document constitutes and is the entire and only last will and testament of the said S. D., deceased. That on the thirteenth day of May, 1914, the superior court of the city and county of San Francisco, state of California, in a proceeding tlien pending therein, entitled "In the matter of the Estate of S. D., Deceased," duly gave and made its order admitting to probate the aforesaid document dated the twenty-first day of February, A. D. 1898, as and for the last will and testament of the said S. D., deceased, and directing the issuance of letters testamentary thereon to the said J. C. ; tliat thereafter, and on the said thirteenth day of May, 1914, the said J. C. duly qualified as the executor of the said last will and testament of the said S. D., deceased, and letters testamentary thereon were duly issued to him, and ever since the said J. C. has been, and now is, tlie duly appointed, qualified and acting executor of the aforesaid last will and testament of said S. D., deceased. Form 3980 Cowdery's Form Book. 1286 III. That a document in writing bearing date the seventeenth day of March, 1914, and purporting to be an olographic codicil to the afore- said last will and testament of S. D., deceased, and to be entirely writ- ten, dated and signed by the hand of the said S. D., has been heretofore presented to the above-entitled court for probate, as and for a part of the last will and testament of said S. D., deceased; that J. C, who is named in the aforesaid last vrill and testament of S. D., deceased, as the executor thereof, by his petition filed herein on tlie tenth day of Sep- tember, 1914, has jjetitioned said court that said document be admitted to probate as a codicil to and as a part of the last will and testament of the said S. D., deceased. IV. That said document bearing date the seventeenth day of March, ] 914, and purporting to be a codicil to the aforesaid last will and testa- ment of said S. D., deceased, was not, nor was any part thereof, writ- ten, dated and signed, or written, or dated, or signed, by the hand of the said S. D. Wherefore, these contestants pray the judgment and deei'ee of this court that the said alleged and pretended codicil bearing date tlie seven- teenth day of March, 1914, is not a codicil to, nor any part of, the last will and testament of the said S. D., deceased, and that the same is null and void, and that probate thereof be denied, and that contestants be given judgment for their costs. Dated , [Signature.] NOTE.— California, Code Civ. Proc, sec. 1312; Arizona, Rev. Stats. 1913, par. 748; Idaho, Eev. Codes 1907, sec. 5308; Montana, Rev. Codes, 1907, see. 7397. No. 3980. Petition to Revoke the Probate of a Will on Discovery of Later Will. [Title of Court and Estate.] The petition of A. B. respectfully alleges that on the third day of June, 1917, an order of the court was made admitting to probate a writ- ing purporting to be the last will of C. D., deceased, and at the same time the court made an order appointing E. F. executor of said will and also made its certificate of the proof and the facts found, and such pro- ceedings were then had that the said E. F. qualified as executor, and he is now the executor of said will. Your petitioner further states that the will admitted to probate as aforesaid was not the last will of said deceased. That petitioner has in his possession an olographic will of said deceased made by him after he signed the paper admitted to probate as aforesaid. Wlierefore peti- tioner prays that the order admitting to probate the paper dated Janu- ary 3, 1917, as the last will of said deceased be revoked. Dated . [Signature.] 1287 Wills — Probate and Contest op. Forms 3981-3983 NOTE. — Under the circumstances stated in the above form, a petition in •writing may be filed within one year in the court in which the will was pro- hated, containing allegations against the validity of the will and praying that the probate be revoked. The same action may be taken if it is shown that the proofs of the execution of the will were insufficient: California, Code Civ. Proc, sec. 1327. It is thought to be good practice, when the petitioner is sure of his "facts" to file a petition for the proliate of the true will the same as if no will had been admitted to probate, and so manage the affair that the petition to revoke and the petition to probate will be heard, the first by a jury and the second by the court on the same day: Alaska, Comp. Laws 1913, sees. 1604-1632; Arizona, Rev. Stats. 1913, par. 758; Idaho, Rev. Codes 1907, sec. 5318; Montana, Rev. Codes, 1907, sees. 7407-7413; Washington, Rem. Codes, sec. 1307. No. 3981. Citation on Application to Revoke Probate. [Title of Court and Estate.] To , Executor of the Will of , Deceased, and to , , and , Legatees, Devisees and Heirs of Said Deceased: You and each of you are liereby notified that a petition has been filed in the above-entitled court to revoke the probate of the will of , deceased, and you are cited to appear in said court, at the courthouse in said county, on the day of ■ , 19 — , at the hour of 10 o'clock A. M. of that day, and show cause, if any you can, why the probate of said will should not be revoked. Dated , 19—. , Clerk. • , Deputy Clerk. No. 3982. Order Revoking ProTjate of Will. [Title of Court and Estate.] It is ordered that the order made May 9, 1917, admitting to probate a document purporting to be the last will of H. M. F., deceased, be, and the same is herebj', annulled and revoked. NOTE.— -In California, when a will is contested after probate and the will held to be invalid an order is made annulling and revoking the order admitting it to probate: California, Code Civ. Proc, sec. 1330; Arizona, Rev. Stats. 1913, par. 760; Idaho, Rev. Codes 1907, sec. 5321: Montana, Rev. Codes. 1907. sec. 7409. ' ' No. 3983. Contest of Will After Probate. [Title of Court and Estate.] To the Honorable Superior Court Aforesaid: The petition of respectfully represents that he is a son and heir of , who died in county, California, on or about , 19 — . Til at on the day of , 19 — , an order of this court was made admitting to probate a writing purporting to be the last will of said deceased, and at the same time the court made an oi-der appointino- • executor of said will, and also made its certificate of the proof and Forms 3985, 3986 Cowdery's Form Book. 1288 the facts found, and such proceedings were then had that the said qualified as executor, and he is now the executor of said will. That your petitioner is informed and believes, and therefore alleges, that said writing is not the last will of said deceased, but that said writ- ing is a forged instrument drawn by one after the death of said decedent. Wherefore your petitioner prays that the order admitting to probate said pretended will be set aside; that the letters testamentary hereto- fore issued to said be revoked; and that letters of administration be granted to your petitioner. Dated , 19—. , Petitioner. , Attorney for Petitioner. No. 3985. Order Appointing Time for Hearing Petition for Probate of Foreign Will. [Title of Court and Estate.] A petition by having been filed in this court for the probate of the last will of , deceased, which petition alleges that said will has been duly admitted to probate in the district court of county, Mon- tana; and a duly authenticated copy of said will and of said foreign probate having been produced and filed in this court, it is ordered that . ^ the day of , 19—, at 10 o'clock A. M. of that day, be and the same is hereby appointed as the time for hearing said petition; and the clerk of this court is hereby directed to give due notice thereof as required by law. Dated , 19—. , Judge of Superior Court. No. 3986. Order Admitting Foreign Will to Probate. [Title of Court and Estate.] The petition of , asking that a document filed therewith, purport- ing to be the last will and testament of , deceased, be admitted to probate, and that , who is named therein as executor, be appointed as such, and that letters testamentary be issued to said , coming on regularly this day to be heard, and due proof being made that notice has been duly given of the time appointed by this court for proving said will and hearing said petition; that said order has been duly served upon all parties interested in said estate according to law; that said died testate, at , on the day of , 19—; and it appear- ing by the duly authenticated copy of said will and the probate thereof that said will has been proved, allowed, and admitted to probate in an- other of the United States, to wit, [or in a foreign country, to wit, ] ; and it furtlier appearing tliat said will was duly executed accord- ing to the law of said state; and it appearing that the personal property of said estate situated in this state is of the value of five thousand dol- 1289 Wills — Probate and Contest op. Form 3987 lars, and that the annual rents and profits of tlie realty belonging thereto situated in this state amount to one thousand dollars; It is therefore ordered that said will be and tlie same is hereby ad- mitted to probate, and that letters testamentary be issued thereon to ■ , the person named in said will as executor, upon his giving bonds in the sum of twelve thousand dollars, to be approved by the judge of this court (or in case the will requests that he be appointed witliout bonds, the order may be that letters testamentary issue to , the person named in said will, without bonds, the testator having so directed in liis will). No. 3987. Certificate Establishing Lost or Destroyed Will. [Title of Court and Estate.] Now, on this day of , 19 — , the petition of to establish as the last will and testament of , deceased, a certain lost (or de- stroyed) will of said decedent, and it appearing that said died on or about the day of — — -, 19 — , at the county of , state of , and was at the time of his death a resident of the county of , state of ; That in his lifetime said deceased made a Avill, which was in exist- ence and had not been revoked at the time of his death (or was fraudu- lently destroyed in his lifetime) by one , under tlie following cir- cumstances (state fully as can be done all facts and circumstances of fraud connected with such destruction) ; that said petitioner is in- terested in the estate of said decedent, being a legatee under said lost (or destroyed) will; That the provisions of said will were clearly and distinctly proved by two credible witnesses, to wit, • ■ and , whose testimony was re- duced to writing, signed by said witnesses respectively, and filed herein ; Tliat the provisions of said will as proved by said witnesses are as follows : 1. Said decedent gave and bequeathed all of the community property of which by law he could make testamentary disposition to his two cliil- dren, and , share and share alike, and provided in said will that his wife, , should have that portion of the community property to which she was entitled by law, to wit, one-half, and that he deemed that said half of said community property woiild be a sufficient provi- sion for her; that all the property possessed by him was and is the community property of himself and his said wife, ; 2. He appointed his said wife executrix of his said last will and testament ; That said will was, on or about the day of , 19 — , duly exe- cuted by said , deceased, in his lifetime, in the county of , state of , in the presence of and , the subscribing wit- nesses thereto; that decedent acknowledged the execution of the same in their presence, and declared it to be his last will and testament, and Fonn3988 Cowdery's Form Book. 1290 the said witnesses attested the same thing at his request and in his pres- ence, by subscribing their names as witnesses thereto; That said decedent at the time of executing said will was over the age of eighteen years, was of sound mind, and not under duress, menace, or undue influence, or in any respect incompetent to devise and bequeath his estate. In witness whereof, I have granted this certificate under my hand and the seal of the court thio day of , 19 — , and have caused the same to be attested by tlie clerk of this court. , Judge of the Court. [Seal] Attest; , Clerk. No. 3988. Petition for Probate of Nuncupative WilL [Title of Court.] In the Matter of the Nuncupative Will of , Deceased. To the Honorable Court Aforesaid: The petition of , of said county and state, respectfully represents: That died on or about the day of , 19 — , and that at the time of his death he was a resident of county, California, and left therein an estate of personal property. That said deceased left a nuncupative will; that more than ten days have elapsed since the death of said decedent; tliat six months have not elapsed since the testamentary words M'ere spoken by the decedent; that said words, or the substance of them, were reduced to writing within eighteen days after they were spoken, which writing is filed herewith, and that the estate bequeathed by said will does not exceed one thousand dollars in value. That said will was made while said decedent was doing duty on board the ship in the Pacific Ocean, and while he was in actual fear and contemplation of immediate death from sunstroke. That your petitioner is named executrix in said will, and consents to act as such. That the names, ages, and residences of the heirs of said decedent are as follows : , his widow, aged years ; and , his daugh- ter, aged years, both residing at , California. That the only legatee or devisee named in said will is the aforesaid . That the only estate left by said decedent consists of . Wherefore your petitioner prays that said will be admitted to pro- bate, and that letters testamentary thereon be issued to her. , Petitioner. , Attorney for Petitioner. WITHHOLD NOTICE. Withhold Notice, No. 2505. 1291 "Writs. Forms iOOO, 4001 WRITS. 4000. Order for writ of assistance. 4001. Writ of assistance. 4002. Writ of restitution. 4003. Writ of possession. 4004. Writ of restitution — Nevada. CROSS-REFERENCES. Peremptory Writ of Mandamus, No. 2590. "Writ" of Arrest in .Justice's Court— Oregon, No. 451, Writ of Attachment — Arizona, No. 577. Writ of Attachment — California, No. 575. Writ of Attachment — Hawaii, No. 578. Writ of Attachment — .Justice's Court, No. 576. Writ of Attachment — New Mexico, No. 579. Writ of Attachment — Oregon and Alaska, No. 580. Writ of Attachment — Washington, No. 5S1. Writ of Certiorari, No. 860. Writ of Execution on Money Judgment, No. 1641, Writ of Garnishment — New Mexico, No. 607. Writ of Habeas Corpus, No. 2043. Writ of Replevin — New Mexico, No. 905. No. 4000. Order for Writ of Assistance. [Title of Court and Cause.] On reading and filing tlie affidavit of , setting forth that he was the purchaser of the premises described in the complaint herein; that he has presented to the defendant, , the sheriff's deed for said prop- erty, and demanded possession thereof, and that said defendant has refused to deliver to him possession of said premises; and it appearing that due notice has been given of this motion to , the attorneys of said defendant : Now, on motion of , attorneys of said , it is ordered that a writ of assistance issue to the sheriff of county, to put the said in possession of the said premises, and him in the possession thereof from time to time to maintain and defend. Dated , 19—. , Judge. No. 4001. Writ of Assistance. [Title of Court and Cause.] The People of the State of , to the Sheriff of the County of , Greeting. Whereas, by a judgment and decree of this court, it was, among other things, adjudged and decreed that the purchaser at the sheriff's sale of the premises in said decree described as follows, to wit, , should, on the production of the sheriff's deed, be forthwith put into possession of the above-described premises; Form 4002 Cowdery 's Form Book. 1292 And whereas said sheriff has issued to the purchaser at such sale, viz. -, his, said sheriff's, deed therefor, which said land and premises are now in possession and occupation of said And whereas, by an order of this court, made in the said action on the day of , 19 — , it was ordered tliat a writ of assistance should issue to you, the said sheriff, to put the said in possession of the said piece or parcel of land, and him in possession thereof from time to time to maintain and defend : Therefore we command you that immediately after receiving this writ you go to, and enter upon, the said piece or parcel of land, and that you eject and remove therefrom all and every person or persons holding or detaining the same, or any part thereof, against the said , and that you deliver to the said , or his assigns, the possession of the said piece or parcel of land without delay; and him, the said , in such possession thereof, from time to time, maintain, keep and defend, or cause to be kept, maintained and defended, according to the tenor and true intent of the said decree and order of the said court. Witness the Honorable , judce of the court, at the court- liouse, in the county of , and the seal of said court, this day of , 19 — , [Seal] , Clerk of said Court. NOTE. — The petition for the writ should, after stating the facts as to the issue of execution, and as to the sale thereon, set out that at the time of said sale "the defendant was, and still is, in possession of the premises; that on the day of , 19 — , and at divers times since, the petitioner exhibited to the said defendant the said deed of conveyance, and demanded of him the possession of said premises; but that the said defendant has hitherto refused, and does still absolutely refuse, to deliver the same to your petitioner. Wherefore petitioner prays/' etc. And good practice requires that notice of the application for the writ should be given in all cases. No. 4002. Writ of Restitution. [Title of Court and Cause.] The People of the State of California, to the Sheriff of the City and County of San Francisco, Greeting: Whereas, on the eleventh day of January, 1916, T. J., plaintiff, re- covered a judgment in the said superior court of the city and county of San Francisco, against P. McC. for the restitution of certain prem- ises in said judgment and hereinafter described, and also for the sura of two hundred and forty dollars, treble rents for the detention of said premises, one hundred dollars damages, and sixteen dollars costs of suit, as appears to us of record, and which judgment was docketed in the clerk's office of said court on the twelfth day of January, 1916 [or that "a transcript of the docket of said judgment was filed in the office of the county recorder of the county of Alameda, on the fourteenth day of January, 1916"]: 1293 Writs. Form 4003 Now, therefore, 5'^oii the said sheriff, are hereby commanded to deliver to the said T. J. the possession of the lands and premises in said judg- ment, described as follows: [Description.] And whereas, the sum of two hundred and forty dollars treble rents, one hundred dollars damages, and sixteen dollars costs, are now, at the date of this writ, due on said judgment, you the said sheriff, are hereby further required to satisfy said judgment, and all accruing costs, out of the personal property of said judgment debtor, P. McC. ; or, if suffi- cient personal property of said debtor cannot be found, then out of the real property in your county belonging to him on tlie day whereon said judgment was docketed in the aforesaid city and county, or at any time thereafter; and make return of this writ within twenty-five days after your receipt hereof, with what you have done indorsed hereon. Witness the Honorable , Judge of the court, at the court- house in the county of and the seal of said court, this day of , 19 — -. [Seal] , Clerk of said Court. NOTE. — In California, if the judgment be for the delivery of the posses- sion of real or personal property, it must require the sheriff to deliver the possession of the same, describing it, to the party entitled thereto, and may, at the same time, require the sheriff to satisfy any costs, damages, rents or profits, recovered by the same judgment, out of the personal property of the person against whom it was rendered, and the value of the property for which the judgment was rendered to be specified therein if a delivery thereof cannot be had; and if sufficient personal property cannot be found, then out of the real property, as provided in the first subdivision of this section: California, Code Civ. Proc, sec. 682, subd. 5. No. 4003. Writ of Possession. [Title of Court and Cause.] The People of the State of California to the Sheriff of the County of Marin, Greeting: Whereas, on the twenty-fifth day of April, 1916, J. D., as plaintiff, recovered a judgment and decree in the said superior court of the county of Marin, state of California, against R. R. as defendant, for the pos- session of certain premises in said judgment and decree, and hereinafter more particularly described, and also for the sum of $540 damages for the detention of said premises, besides the sum of $76.25 costs of suit, as airpears to us of record; And whereas, the judgment-roll in the action in wliich said judgment was entered is filed in the clerk's office of said court, in the county of Marin, and the said judgment was docketed in said clerk's office, in the said county, on the day and year first above written: Now, therefore, you, the said sheriff, are hereby commanded and re- quired to deliver to the said plaintiff J. D. the possession of the lands and premises in said judgment and decree described, as follows, to wit: [Description.] Form 4004 Cowdery's Form Book. 1294 And whereas, the sums of $540 damages and $76.25 costs are now (at the date of this writ) actually due on said judgment : You, the said sheriff, are hereby further required to make the said sums due on the said judgment, for damages and costs, and all accruing costs, to satisfy the said judgment, out of the personal property of said judgment debtor; or, if sufficient personal property of said debtor can- not be found, then out of the real property in your county, belonging to him on the day whereon said judgment was docketed, in the said county, or at any time thereafter; and make return of this writ within thirty days after your receipt thereof, with what you have done indorsed hereon. Witness the Honorable , judge of the court at the court- house in the county of , and the seal of said court this day of , 19 — . [Seal] > Clerk of said Court. NOTE.— California, Code Civ. Proc, sec. 380. No. 4004. Writ of Restitution— Nevada. [Title of Court and Cause.] The State of to the Sheriff or Constable of the County of , Greeting. Whereas , of the county of , at a court of inquiry of an un- lawful holding over of lands, tenements, and other possessions, held at my office, at , in the county aforesaid, on the day of , 19 — , before me, a justice of the peace for the county aforesaid, by the con- sideration of the court, has recovered judgment against to have restitution of : You are therefore commanded that, taking with you the force of the county if necessary, you cause the said to be immediately removed from the aforesaid premises, and the said to have peaceable resti- tution of the same; and you are also commanded that of the goods and chattels of the said , within said county, you cause to be made the s^jn of dollars ($-- ) for the said plaintiff, together with the costs of suit indorsed hereon, and make return hereof within thirty days from this date. Given under my hand this day of , 19 — . -, Justice of the Peace. NOTE.— See Nev. Eev. Laws 1912, »©c. 5605. INDEX. (1295) INDEX. ABANDONMENT. Abandouinuiit of homestead. No. 2077. ABSENTEES. See Agent for Absentees. ABSTRACT. Abstract of judgment, and certificate — Justice's court, No. 2258. ACCORD AND SATISFACTION. Answer — Setting up accord and satisfaction by note, No. 1. Answer — ^Setting up accord and satisiaction by deed, No. 2. ACCOUNT. See Goods Sold. Account of agent for absent person made one year after his appoint- ment. No. 291. Account of sale of real estate by auctioneer — Return schedule "D," No. 3097. Account of trustee in bankruptcy, No. 637. ACCOUNTS OF EXECUTORS AND ADMINISTRATORS. See Executors and Administrators. Account and report of administration — Another form. No. 19. Affidavit to account, No. 16. Decree of settlement of account, No. 27. Decree of settlement of account and final distribution. No. 29. Decree of settlement of final account. No. 28. Executor's or administrator's first accovint. No. 15. Notice of settlement of administratrix's account. No. 21. Objections to account, No. 24. Order adjudging administrator guilty of contempt for disobeying order to render account, No. 3-1. OrJ r allowing debt irregularly paid, No. 37. Order appointing referee to settle account. No. 25. Order directing further notice upon settlement of account, No. 23. Order directing' notice of settlement of account to be given, No. 22. Order for attachment against administrator for not rendering account, No. 33. Order for citation to administrator requiring him to render exhibit, No. 14. Order of clerk fixing time and place for hearing application to settle first and final account and petition for final distribution. No. 20. Form Book— 82 (1297) 1298 Index. ACCOUNTS OF EXECUTORS AND ADMINISTRATORS (Contimied). Order removing administrator after contest of account, No. 36. Order revoking letters of administrator after commitment for con- tempt for failure to account, No. 35. Petition by creditor for citation to administrator to account. No. 30. Petition for order requiring administrator to render exhibit, No. 13. Petition of administrator with the will annexed for citation ordering former executor to account, No. 32. Petition that court may order administrator to render an account, No. 31. Report of administratrix accompanying account, No. 18. Report of executor accompanying annual account, No. 17. Eeport of referee of account, No. 26. ACCOUNT STATED. Answer setting up an account stated, No. 49. Complaint on account stated. No. 4S. ACKNOWLEDGMENTS. Acknowledgment before United States consul, No. 240. Acknowledgment by deputy sheriff, No. 1709. Acknowledgment of tenancy, No. 2377. Alabama — Acknowledgment by wife in conveyance of husband's homestead, No. 64. Alabama — General form of acknowledgment, No. 61. Alabama — Acknowledgment by corporation, No. 62. Alabama — Proof by subscribing witness, No. 63. Alaska — Acknowledgment — General form, No. 64a. Arizona — Ordinary acknowledgment. No. 65. Arkansas — General form of acknowledgment, No. 66. Arkansas — Proof of deed by subscribing witness. No. 67. Arkansas — Proof of handwriting of grantor and subscribing witness, No. 68. California — Acknowledgment before county clerk by attorney in fact, No. 77. California — Acknowledgment before county clerk by subscribing wit- ness. No. 78. California — Acknowledgment before county clerk — General, No, 76. California — Acknowledgment before county recorder — General, No. 79. California — Acknowledgment before county recorder by subscribing witness. No. 80. California — Acknowledgment before county recorder by attorney in fact. No. 81. California — Acknowledgment before justice of the peace by attorney in fact, No. 86. California — Acknowledgment before justice of the peace by subscrib- ing witness. No. 85. Index. ^299 ACKXOWLEDGMEXTS (Continued). v v v «i California— Acknowledgment before justice of the peace by husband and wife, No. 82. California-Acknowledgment before justice of the peace-General, No. 83. California— Acknowledgment by a trustee, No. 92. California— Acknowledgment by an administrator, No. 90. California— Acknowledgment by an executor. No. 91. Califoruia— Acknowledgment by attorney in fact, No. 96. California— Acknowledgment by corporation, No. 70. California— Acknowledgment by husband and wife. No. 72. California— Acknowledgment by husband and wife on proof, No. 73. California— Acknowledgment by wife. No. 71. California— Acknowledgment by prisoner confined in state peniten- tiary. No. 97. California— Acknowledgment by subscribing witness. No. 74. California— Acknowledgment by two individuals, No. 88. California-Acknowledgment by two individuals, one known and one not known to the otlicer, No. 89. California— Acknowledgment— General form. No. 69. California— Acknowledgment when party proven, No. 75. California— Proof of execution by subscribing witness. No. 93. California— Proof of execution of an instrument when all the parties and subscribing witnesses are dead. No. 84. California— Proof of execution of instrument by handwriting of maker and subscribing witness where parties are nonresident, No. 87. California— Proof of execution of an instrument when the place of the. residence of the parties is unknown, No. 94. Certificate of officer's authority. No. 241. Colorado— Acknowledgment— General form. No. 98. _ Colorado-Acknowledgment by married woman when homestead in- volved. No. 99. Colorado— Acknowledgment of chattel mortgage. No. 100. Colorado— Proof of the execution of instrument by subscribing wit- ness where witness is known to oflacer. No. 101. Colorado-Proof of execution of instrument by subscribing witness (acknowledgment to witness). No. 102. Colorado-Proof of execution of instrument by subscribing witness (witness proved to be a subscribing witness), No. 103. Connecticut— Acknowledgment— General form. No. 104. Connecticut— Acknowledgment by corporation, No. lOo. Delaware— Acknowledgment by corporation. No. 108. Delaware— Acknowledgment by husband and wife. No. 107. Delaware— Acknowledgment by single person, No. 106. District of Columbia— Acknowledgment by husband and wife, No. 110. District of Columbia— Acknowledgment— General form of certificate, No. 109. 1300 Index. ACKNOWLEDGMENTS (Continued). Florida — Acknowledgment — General form, No. 111. Florida — Acknowledgment by husband and wife to deed relinquishing dower, taken out of state, No. 112. Florida — Acknowledgment — Proof by subscribing witness. No. 114. Florida — Acknowledgment to wife's separate deed, relinquishinsj dower, taken out of Florida, No. 113. Georgia — Acknowledgment, No. 115. Georgia — Acknowledgment of married woman. No. 116. Georgia — Proof of subscribing witness, No. 117. Hawaii — Acknowledgment — General form. No. 118. Hawaii — Acknowledgment by attorney in fact, No. 121. Hawaii — Acknowledgment by corporation or joint stock association having no corporate seal, No. 119. Hawaii — Acknowledgment by corporation or joint stock association, No. 120. Idaho — Acknowledgment — Ordinary form, No. 122. Idaho — Acknowledgment by attorney in fact. No. 123. Idaho — Acknowledgment by corporation. No. 125. Idaho — Acknowledgment by married woman, No. 124. Illinois — Acknowledgment by corporation, No. 128. Illinois — Acknowledgment by husband and wife. No. 127. Illinois — Acknowledgment by single person, No. 126. Illinois — Proof hy subscribing witness, No. 129. Illinois — Proof when the grantor and subscribing witness are dead, or cannot bo produced. No. 130. Indiana — Acknowledgment — General form, No. 131. Iowa — Acknowledgment — General form. No. 132. . Iowa — Acknowledgment by attorney in fact, or corporation, No. 133. Kansas — Acknowledgment by husband and wife, No. 134. Kentucky — Acknowledgment by husband and wife. No. 136. Kentucky — Certificate of acknowledgment by corporation. No. 137. Kentucky — Form of acknowledgment out of the state. No. 135. Kentucky — Proof by subscribing witnesses, No. 138. Louisiana — Usual form of acknowledgment. No. 139. Maine — Acknowledgment — General form for use out of state, No. 140. Maine — Acknowledgment by attorney in fact, No. 141. Maryland — Acknowledgment by a corporation. No. 145. Marylan.l — Acknowledgment taken out of the state. No. 144. Maryland — Acknowledgment within the state, No. 142. Maryland — Acknowledgment within the state of husband and wife, No. 143. Massachusetts — Acknowledgment — General form. No. 146. Massachusetts — Acknowledgment by attorney in fact. No. 147. Massachusetts — Acknowledgment by corporation or joint stock oom pany, No. 148. Michigan — Acknowledgment — General form. No. 149. Index. 1301 ACKNOWLEDGMENTS (Contimied). Michigan— Acknowlc.lgmeut by corporation, No. 150. Minnesota-Acknowledgment by attorney in fact ^o. 152 Minnesota-Acknowledgment by corporation or joint stock companies, No. 153 Minne'sota-Acknowle-dgment by single person or by husband and wife, No. 151. Mississippi— Acknowledgment— General form, No. 154. Mississippi— Proof by subscribing witness, No. loo. Missouri— Acknowledgment— General form, No. 15G. Montana-Acknowledgment-General form, No. 15 ^ Montana-Acknowledgment by attorney in fact, No. 159. Montana-Acknowledgment by corporation, No. lo8 Nebraska-Acknowledgment by husband and w,fe, No. IbO. Nebraska— Acknowledgment by single person, No. 161. Nebraska— Proof of subscribing witness. No. 162. Nevada— Acknowledgment— General form, No. 163. Nevada— Acknowledgment by attorney in fact. No. 167. Nevada— Acknowledgment by a corporation. No. 164. Nevada— Acknowledgment by husband and wife. No. 165. Nevada-Acknowledgment by subscribing witness, No. 169. Nevada-Acknowledgment when grantor is unknown to officer, No. 168. Nevada— Proof of instruments, No. 166. New Hampshire-Acknowledgment-General form, No- ^70^ New Hamvshire-Acknowledgment by husband and wife. No. 171. New Jersey— Acknowledgment— General form. No. 172. New Jersey- Proof by subscribing witness. No. 173. New Jersey— Proof of deed by corporation. No. 174. New Mexico— Acknowledgment— General form, No. 175. New Mexico-Acknowledgment by attorney in fact. No. 176. New Mexico-Acknowledgment by corporation or association. No. 1<7. New York— Acknowledgment by attorney in fact, '^o. 181. New York- Acknowledgment by corporation, No. 178. New York— Acknowledgment— General form. No. 179. New York— Proof by subscribing witness, No. 182. New York-Proof of deed of a corporation by its president or other officer, No. 180. North Carolina-Acknowledgment by grantor, No. 184 North Carolina-Ack.ow'.edgment by husband and wife. No. 18.^ North Carolina-Proof of conveyance by a corporation execu ed by president or trustee and iwo other members of the corporation, No. 185. North Dakota— Acknowledgment— General form. No. Ibb. North Dakota-Acknowledgment by corporation, No. 18^. North Dakota— Acknowledgment by attorney in fact. No. 188. Ohio-Acknowledgment— General form. No. 189. 1302 Index. ACKNOWLEDGMENTS (Continued). Ohio — Acknowledgment by attorney in fact, No. 191. Ohio — Acknowledgment by corporation, No. 190. Oklahoma — Acknowledgment — General form, No. 192. Oklahoma — Acknowledgment by corporation. No. 193. Oregon— Acknowledgment by attorney in fact before justice of the peace, No. 195. Oregon— Acknowledgment by justice of the peace— General form, No. 194. Pennsylvania — Acknowledgment by husband and wife, No. 197. Pennsylvania — Acknowledgment of corporation by attorney, No. 200. Pennsylvania— Acknowledgment of individuals (single or married), No. 196. Pennsylvania — Proof by subscribing witness, No. 199. Pennsylvania — Proof of deed by corporation, No. 198. Rliode Island — General form, No. 201. South Carolina— Certificate of proof by subscribing witness to deed by a corporation. No. 204. South Carolina— Proof of subscribing witness. No. 202. South Carolina— Wife's renunciation of dower. No. 203. South Dakota — Acknowledgment — General form. No. 205. South Dakota— Acknowledgment by attorney in fact. No. 207. South Dakota — Acknowledgmeut by corporation, No. 206. Tennessee — Acknowledgment by corporation, No. 211. Tennessee — Acknowledgment by husband and wife, No. 209. Tennessee — Acknowledgment by one person, nianied or single, No. 208. Tennessee — Proof by subscribing witness, No. 210. Texas — Acknowledgment by corporation, No. 216. Texas — Acknowledgment by husband and wife. No. 214. Texas — Acknowledgment of married woman. No. 213. Texas — Acknowledgment — OrHnary form. No. 212. Texas — Certificate of proof by witness, No. 215. Texas — Proof by subscribing witness, No. 217. Utah — Acknowledgment— General form. No. 218. Utah — Acknowledgment by corporation. No. 220, Utah — Proof by subscribing witness. No. 219. Vermont— Acknowledgment — General form, No. 221. Vermont — Certificate of acknowledgment of deed of a corporation, No. 222. Virginia— Acknowledgment — General form, No. 224. Virginia — Acknowledgment by commissioner. No. 225. Virginia — Acknowledgment by corporation. No. 226. Washington — Acknowledgment — General form. No. 227. Washington — Acknowledgment by corporation, No. 228. West Virginia — Acknowledgment — General form. No. 230. West Virginia — Acknowledgment by corporation, No. 233. West Virginia — Acknowledgment by husband and wife, No. 231. Index. 1303 ACKNOWLEDGMENTS (Continued). West Virginia — Acknowlcdgmeut by wife subsequent to husband, No. 232. Wisconsin — Aeknowledgment by corporation, No. 235. Wisconsin — Acknowledgment by husband and wife, No. 229. Wisconsin — AcknowLdgment by single person, No. 234. Wisconsin — Certificate of aeknowleu'gment before notary public by husband and wife, No. 236. Wyoming — Aeknowledgment — General form. No. 237. Wyoming — Acknowledgment by married woman where right of home- stead is involved, No. 239. Wyoming — Acknowledgment, when releasing homestead, No. 238. ADJUDICATION. Adjudication of bankruptcy, No. 671. Adjudication that debtor is not bankrupt, No. 670. ADMINISTRATORS. See Executors and Administrators. Administrator's deed, No. l-i67. Administrator's lease, No. 3023. Administrator's mortgage. See Probate Mortgage. ADMISSION. Admission of service of order to show cause on sale of real estate, No. 3079. ADMISSION TO PRACTICE'. Application for admission, No. 245. Certificate of qualifications after examination. No. 246. Certificate of qualification — Oath of attorney, No. 247. Oath of attorney at law — Colorado, No. 248. Oath of attorney at law — South Dakota, No. 249. ADOPTION. Agreement to adopt. No. 253. Consent to adoption, No. 251. Consent to adoption — Wyoming, No. 252. Decree of adoption. No. 255. Order of adoption, No. 254. Petition for leave to adopt minor, No. 250. ADVERSE CLAIMS. See Quiet Title. Adverse claim on application for mining patent. No. 2644. AFFIDAVITS. Affidavit— General, No. 266. Affidavit, annual, by corporation, No. 1319. 1304 Index. AFFIDAVITS (Continned). Affidavit by attorney of service by mail. No. 282. Affidavit by redemptioner, No. 279. Affidavit by third person of service by mail, No. 283. Affidavit eonstitutiug articles of incorporation of chuich or society- Utah, No. 1342. Affidavit for attachment. No. 563. Affidavit for attachment against nonresident. No. 564. Affidavit for attachment — Justice's ccur^ — New Mexico, No. 567. Affidavit for attachment — New Mexico, No, 566. Affidavit for attachment when plaintiff has lien upon logs and timber for labor performed, No. 2512. Aflidavit for change of place of trial on ground of interest, prejudice or bias — Justice's court, No. 866d. Affidavit for change of place of trial on account of bias or prejudice of citizens — Justice's court, No. 866b. Affidavit for change of place of trial because of justice being a wit- ness — Justice's court. No. 866e. Affidavit of merits on niotio'i lor cliange of venue, No. 866. Affidavit for continuance. No. 1154. Affidavit for garnishmcnr, No. 601. Affidavit for order for nonresident witness to attend, No. 3436. Affidavit for order of arrest — Departing to defraud eieuit rs, N.i. 434. Affidavit for order of arrest — Money received in a fiduciary capacity, No. 435. Affidavit for order of arrest — Personal property unjustly detained, No. 436. Affidavit for order of arrest — ^Fraud in contracting debt, No. 437. Affidavit for order of arrest for fraudulent eoucealiii-nt of property, No. 438. Affidavit for order shortening time for examinatijn of wi'ue s, No. 1540. Affidavit for publication where defendant resides out of th- slate, No. 3574. Affidavit for relief from default, No. 1502. Affidavit for removal of executors lor mismanagement, No. 1811. Affidavit for substitution of party, No. 3500. Affidavit for transfer of securities, deposits, etc., No. 2130. Affidavit in support of motion for new trial on ground of abuse of dis- cretion by court. No. 2761. Affidavit to account. No. 16. Affidavit of administrator to inventory and appraisement, No. 2197. Affilavit of American manuTacture of copyright book. No. 1259. Affidavit of annual work and improvements. No. 2624. Affidavit of appraisers to inventory and appraisement. No. 2198. Affidavit of appraisers to their bill for services, No. 2200. Affidavit of auctioneer on return of sale of personal estate, No. 3109. Index. 1305 AFFIDAVITS (Continiiod). Affidavit of auctioneer on Teturn of sale of personal property, No. 3110. Affidavit of chairman as to incorporation of joint stock company or association — ^Colorado, No. 1341. Affidavit of chairman as to incorporation of society, church or congre- gation — Colorado, No. 1324. Affidavit of contempt by attorney in willfully neglecting his duty, No. 1120. Affidavit of contempt by clerk in neglecting to enter default, No. 1115. Affidavit of contempt by disobedience of subpoena, No. 1103. Affidavit of contempt by dissuading witness from attendiiig court, No. 1119. Affidavit of contempt by member of jury in conversing about merits of action. No. 1105. Affidavit of contempt by person assuming to be attorney without authority. No. 1111. Affidavit of contempt by person summoned as juror, improperly con- versing about merits of action, No. 1106. Affidavit of contempt by re-entry into real property after ejectment, No. 1118. Affidavit of contempt by referee in neglecting to take testimony, No. 1109. Affidavit of contempt by unlawful interference with the proceedings of a court, No. 1107. Affidavit of contempt for refusing permission to take copy of account, No. 1110. Affidavit of contempt in abusing process of court. No. 1112. Affidavit of contempt in applying for order after refusal thereof by another judge of same court. No. 1113. Affidavit of contempt in disobeying mandate of court, No. 1114. Affidavit of contempt in refusing to obey order of court, No. 1117. Affidavit of contempt in rescuing a person in the custody of an officer, No. 1108. Affidavit of contempt in unlawfully detaining witness, No. 1104. Affidavit of contempt in willfully neglecting to serve subpoena, No. 1116. Affidavit of defendant on motion for alimony. No. 1581. Affidavit of finder of lost property, No. 2556. Affidavit of five hundred dollars improvements. No. 2631. Affidavit of inability to give security for costs — Kan^^as, No. 1361. Affidavit of location of lode claim — Idaho, No. 2623. Affidavit of lost bill, or note in bankruptcy. No. 704. Affidavit of mailing copy of summ.ons. No. 3579. Affidavit of mailing notice of probate to heir?. No. 3961. Affidavit of mailing notice to creditors, No. 551. Affidavit of merits. No. 280. <»,ffidavit of merits on motion for change of venue. No. 866. 1306 Index. AFFIDAVITS (Contimied). AflSdavit of owner to notice of completion, No. 2507. Affidavit of personal service on heirs, No. 3963. Afi3.davit of posting any notice, No. 268. Affidavit of posting notice of aj plication for letters of administration, No. 1752. Affidavit of posting notice of sale of real estate — Return schedule "A," No. 3094. Affidavit of posting notice of settlement of account, No. 269. Affidavit of posting probate notice, No. 267. Affidavit of publication, No. 3580. Affidavit of publication of notice of sale of personal estate, No. 3108. Affidavit of publication of notice of sale of real estate — Return sched- ule "B," No. 3095. Affidavit of publication of notice of probate of will, No. 3962. Affidavit of publication of notice to creditors, No. 2802. Affidavit of publication of notice to creditors by assignee, No. 550. Affidavit of redemptioner, No. 1954. Affidavit of residence and of merits for change of place of trial. No. 864. Affidavit of sale of real estate at public sale — return schedule "C," No. 3096. Affidavit of service of notice or paper, by mail, upon attorney wliofe office addrefs is known but whose residence is unknown, No. 274. Affidavit of service of notice or paper, by mail, upon attorney whose office address is unknown but whose residence is known. No. 275. Affidavit of service of notice or paper upon attorney, absent from office, by leaving it with clerk or person in charge. No. 271. Affidavit of service of notice or paper upon attorney, neither his office address nor residence being known, No. 276. Affidavit of servi'C of notice or paper upon attorney or party, by delivery. No. 270. Affidavit of service of notice or paper upon attorney whose office is open but no one in, No. 272. Affidavit of service of notice or paper upon attorney whose office is not open, but whose residence is in same county with office, No. 273. Affidavit of service of notice or paper upon party whose residence is Iciiown, No. 277. Affidavit of service of notice or paper upon party whose residence is not known. No. 278. Affidavit of service of subpoena in civil proceeding. No. 3447. Affidavit of service of subpoena in criminal action, No. 3448. Affidavit of service of summons. No. 3552. Affidavit of sureties on bail bond in San Francisco, No. 2288. Affidavit of sureties on official bond. No. 2289. Affidavit on behalf of owner to notice of completion. No. 2508. Index. 1307 AFFIDAVITS (Continiied). Affidavit oil claim and delivery of personal property, No. 884. Affidavit on motion for continuance on ground of suipiise by foig'd written evidence, No. 1155. Affidavit on motion for leave to file supplemental complaint, No. 281. Affidavit on motion to modify or correct an award, No. 407. Affidavit on motion to open default, No. 1501. Affidavit on motion to vacate judgment on award, No. 401. Atfiuavit required of sole trader, No. 3373. Affidavit that arbitiators have not made their award, No. 416. Affidavit that defendant is concealing himself to avoid sevice, No. 3578. Affidavit that guardian refuses to properly support ward, No. 2013. Affidavit that infant is imperiled, with request that guardian be ap- pointed. No. 2000. Affidavit that notice of filing award has been served, No. 400. Affidavit to chattel mortgage on behalf of corporation, No. 2716. Affidavit to claim — Oregon, No. 2520. Affidavit to claim for mechanic's lien — "Washington, No. 2510. Affidavit to claim of lien — Fishing industry — Oregon, No. 2517. Affidavit to claim of lien for propagating animals, No. 2515. Affidavit to claim of proierty by third pcrso}i. No. 894. Affidavit to complaint for forcible entry and detainer — New Mexico, No. 1904. Affidavit to creditor's claim, No. 1386. Affidavit to creditor's claim by person representative of claimant. No. 1395. Affidavit to creditor's claim of corporation or partnership. No. 1387. Affidavit to inventory of assignor for benefit of creditors. No. 546. Affidavit to obtain order for examination of judgment debtor in supple- mentary proceedings. No. 3610. Affidavit to obtain order for examination of debtor of judgment debtor, or of his bailee, No. 3612. Affidavit to take deposition of witness within state, No. 1537. Affidavit to take deposition of witness out of state. No. 1545. Affidavit where creditor had no notice by reatou of absence from the state, No. 1388. AGENT FOE ABSENTEES. Account of agent for absent person made one year after his appoint- ment. No. 291. Bond of agent for absent distributees. No. 292. Certificate entitling claimant to money. No. 297. Order appointing agent to take possession of real estate for benefit of nonresident distributee. No. 290. Order for sale of personal property, No, 294. Order to sell upon the settlement of account, No. 295. 1308 Index. AGENT FOE ABSENTEES (Continued). Petition by agent to sell property, No. 293. Petition of claimant for money depatited in the state treasury by agent, No. 296. AGEEED CASE. Submission of controversy without action. No. 302, AGEEEMENT. See Contracts. Agreement as to party -wall, No. 2900. Agreement for conditional sale of personal property, price payable in installments, No. 1198, Agreement for reference of claim, No. 1389. Agreement for sale of real property, price payable in installments, No. 1199. Agreement of publisher. No. 2633. Agreement of special submission to arbitration, No. 391. Agreement to adopt. No. 253. Agreement to arbitrate, No. 393. Agreement to sell and buy land, No. 1189. Agreement to submit controversy to arbitration in pending action, Noa. 420, 421. Agreement with agent or broker to sell land, No. 1191, Agreement with agent to sell. No. 1190. ALIAS SUMMONS. See Summons. Alias summons in action to foreclose liens on chattels or trespassing animals — Justice's court — North Dakota, No. 3554. Alias summons — Justice's court. No. 3544. ALIENATION OF AFFECTIONS. Complaint for alienation of affections, No. 313. ANIMALS. Complaint for injuries caused by vicious dog, No. 315. Complaint for injuries caused by trespassing animals, No. 316, ANSWEE. Answer — Another action pending, No. 336. Answer — Compromise of claim. No. 337. Answer — Death of defendant. No. 338. Answer — Denial of knowledge to form belief. No. 324. Answer — Former judgmont, No. 327. Answer — Infancy of defendant, No. 326. Answer — Infancy of plaintiff, No. 325. Answer — Nonjoinder of coadministrator, No. 329. Answer — Nonjoinder of owners in action between tenants. No. 330 LVDEX. ^^^^ ANSTVET? (Continued). Answer— Statute of frauds— Marriage, No. 332. Answer— Statute of frauds— No note or memorandnm, etc., No. SJl. Answer-Statute of frauds— No performance within a year, No. 333. AnBwer— Statute of limitations— In general, No. 334. Answer— Statute of limitations— Specific section, No. "35. Answer— Want of capacity— Plaintiff an alien enemy, No. 328. Answer alleging fraud in obtaining judgment. No. 2253. Answer alleging lien on goods as manufacturer, etc., No. 2522. Answer alleging lien upon goods for storage,^ No. 2523. Answer alleging marriage of plaintiff. No. 2602. Answer alleging marriage of defendant, No. 2603. Answer alleging marriage of defendant. No. 2604. Answer alleging partnership agreement, No. 2889. Answer alleging payment, No. -960. Answer alleging payment by bill, No. 2961. Answer alleging payment before indorsement. No. 2962. Answer alleging payment by note, No. 2963. Answer alleging payment in services, No. 2964. Answer alleging payment and tender of balance, No. 2965. Answer alleging release of claim. No. 3265. Answer and demurrer to. citation to savings bank. No, 871. Answer denying assignment of judgment. No. 2252. Answer denying breach of covenant. No. 1475. Answer denying execution of mortgage by codefendant. No. 2724. Answer denying offer to perform charter-party, No. 1202. Answer denying subscription for stock, No. 1344. Answer in ejectment alleging title in stranger. No. 1604. Answer in ejectment-Denial that plaintiff has been damaged, No. 1605. Answer in quo warranto. No. 3201. Answer justifying arrest on criminal process. No. 2583. Answer justifying arrest on suspicion, No. 2582. Answer — Justifying trespass. No. 3672. Answer of arbitration and award. No. 418. Answer of justification of publication of libel-Truth, No. 2485. Answer of justification of publication of libel ai)d mitigating CH-.um- stances, No. 2486. Answer of justification of publication of libel, No. 2187. Answer of payment of note in services, No. 3143. Answer setting up accord and satisfaction by note, No. 1. Answer setting up accord and satisfaction by deed, No. 2. Answer setting up an account stated, No. 49. Answer setting up satisfaction by codefendant, No. 3266. Answer that note was procured by fraud. No. 3144. Answer that notice of dishonor was not given, No. 3145. Answer to complaint in claim and delivery. No. 883. 1310 Index. ANSWER (Continued). Answer to complaint in forcible entry, No. 1908. Answer to formal complaint before railroad commission, No. 3207. Answer to opposition to probate, No. 3977. Counterclaim, No. 339. APPEAL. Appeal bond — ^Justice's court — Colorado, No. 367. Bond for costs on appeal. No. 358. Bond on appeal from judgment directing delivery of documents or per- sonal property. No. 356. Bond on appeal from judgment for the recovery of real property, No. 357. Bond on appeal from money judgment, No. 355. Notice by clerk of filing transcript on appeal. No. 354. Notice of appeal — Alternative method, No. 352. Notice of appeal by defendant — Small claims court — Oregon, No. 374. Notice of appeal from justice's court to superior court, No. 359. Notice of appeal to district court of appeal. No. 351. Notice of appeal to supreme court, No. 350. Notice to county clerk to prepare papers on appeal, No. 353. Undertaking for costs on appeal — ^Justice's court to superior court, No. 360. Undertaking on appeal concerning real property and money damages, No. 372. Undertaking on appeal from judgment appointing a receiver. No. 370. Undertaking on appeal from judgment directing delivery of possession of real property — Justice's court to superior court, No. 363. Undertaking on appeal from judgment directing sale of personal prop- erty upon foreclosure of mortgage thereon, No. 371. Undertaking on appeal from judgment for recovery of, or to foreclose a lien on, specific personal property — Justice's court to superior court, No. 362. Undertaking on appeal from judgment for sale of mortgaged premises and payment of deficiency, No. 373. Undertaking on appeal from judgment of fine and imprisonment — Jus- tice's court to superior court, No. 364. Undertaking on appeal from judgment of imprisonment — Justice's court to superior court. No. 365. Undertaking on appeal from justice's court in criminal case — Wyoming, No. 368. Undertaking on appeal from money judgment — Justice's court to su- perior court, No. 361. Undertaking on appeal — Unlawful detainer — Justice's court to superior court, No. 366. Waiver of appeal and motion for new trial, No. 369. Index. 1311 appearance. Notice of appearance, No. 380. APPLICATION. See Complaint; Petition. Application by a corporation for registration of trademark, No. 3643. Application by a firm for registration of trademark, No. 364 2. Application for appointment as guardian ad litem, No. 2011. Application for appraisers on execution against homestead, No. 208Z. Application for change of name, Nos. 1300, 1301. Application for confirination of composition. No. 714. Application for copyright by citizen or resident of the United States, No. 1258. Application for mining patent, No. 2628. Application for registration of trademark. No. 3641. Application for subpoena to compel a subscribing witnes'? to attend be- fore an officer to prove the execution of a conTeyance, No. 3452. Application, for writ of certiorari, No. 858. Application of creditors for executor to recover property. No. 1850. Application of husband of insane wife to sell homestead, No. 2092. Application to United States surveyor-general for survey of mining claim. No. 2625. APPRAISEMENT. See Inventory and Appraisement. Appointment, oath and report of appraisers, No. 672. Appointment of trustee by creditors, No. 682. Appointment of trustee by referee. No. 683. Appraisement of lost property. No. 2557. ARBITRATION AND AWARD. Affidavit on motion to modify or correct an award. No. 407. Affidavit on motion to vacate judg!i:ent on award. No. 401. Affidavit that arbitrators have not made their award, No. 416. Affidavit that notice of filing award has been served. No. 400. Agreement, by partners, to arbitrate, No. 390. Agreement of special submission to arbitration. No. 391. Agreement to arbitrate, No. 393. Agreement to submit controversy to arbitration in pending action, No. 420. Agreement to submit controversy to arbitration in pending action, No. 421. Amendment to submission to arbitration in pending action. No. 423. Answer of arbitration and award, No. 418. Arbitrator's oath, No. 396. Award, No. 408. Award, No. 409. Bond on arbitration. No. 410. 2312 Index. ARBTTEATIOISr AND AWAED (Continued). Complaint in action to recover damages for revocation of submission to arbitration, No. 417. Condition of bond on special submission, No. 411. Notice to arbitrators of revocation by both parties, No. 412. Notice to arbitrators of their appointment, No. 394. Notice of filing award to be served on adverse party, No. 399. Notice of hearing of arbitration, No. 395. Notice of motion to correct award, No. 402. Notice of motion to vacate award. No. 405. Notice to party of revocation, No. 413. Oath of witness before arbitrators, No. 397. Order amending award, No. 404. Order staying entry of judgment on award, No. 403. Order vacating award and ordering a rehearing. No. 406. Release made in pursuance of award. No. 419. Report as to disagreement of arbitrators in arbitration in pending action, No. 422. Revocation of submission by one party. No. 415. Stipulation revoking submission, No. 414, Submission clause in contract. No. 392. Subpoena on arbitration. No 398. ARCHITECT'S LIEN. See Lien. ARREST AND BAIL IN CIVIL ACTIONS. Affidavit for order of arrest — Departing to defraud creditors, No. 434. AflS.davit for order of arrest for fraudulent concealment of property, No. 438. Affidavit for order of arrest — Fraud in contracting debt. No. 437. Affidavit for order of arrest — Money received in a fiduciary capacity, No. 435. Affidavit for order of arrest — Personal property unjustly detained. No. 436. Command by sureties to arrest defendant, No. 444. Tntlorsement of order of arrest — Justice's court, No. 442. judgment by justice of the peace when defendant is subject to arrest No. 448. Notice of application for discharge from imprisonment. No. 447. Notice to plaintiff of arrest — Justice's court, No. 445. Order for arrest. No. 441. Return and certificate of service of summons, order of arrest, and notice to plaintiff — Justice's court. No. 446. Return of summons on arrest, No. 453. Undertaking for arrest in justice's court — Oregon, No. 449. Undertaking for arrest in justice's court — Washington, No. 450. Undertaking for order of arrest, No. 440. Index. VS\3 AEEEST AND BAIL IN CIVIL ACTIONS (Contii.uorl). Undertaking on part of defendant, No. 443. "Warrant" of arrest in justice's court— Washington, No. 452. "Writ" of arrest in justice's court — Oregon, No. 451. ARREST AND BAIL IN CRIMINAL ACTIONS. Bail before indictment or information, No. 477. Bail bond on indictment, No. 483. Bail upon appeal— Undertaking— Oregon and Ala=ka, No. 487. County clerk's certificate as to official character of magistrate^, No. 466. Discharge from arrest made without warrant— Ore gtn, No. 472. Forfeit of bail, No. 486. Indorsement of service on warrant of arrest, No. 468. Indorsement on warrant of arrest for service in another county. No. 465. Order for defendant's discharge after bail given,. No. 484. Order for defendant's discharge after bail given on appeal— Oiegon and Alaska, No. 488. Order forfeiting bail money, No. 482. Order of discharge after bail given— Alaska and Oregon, No. 474. Order of discharge— To be indorsed on depositions and statement, No. 471. Order to answer for bailable offense, No. 475. Order to answer when bail has been taken— To be indorsed on "ccm- plaint," No. 473. Order to answer, where offense is not bailable, No. 476. Proof of magistrate's handwriting, No. 467. Undertaking and "security" for appearance of material witness, No. 479. Undertaking by material witness to appear. No. 478. Undertaking on admission to bail— Justice's court, No. 480. Undertaking on admission to bail- Justice's court— Alaska and Oregon, No. 481. Undertaking of bail upon recommitment. No. 485. Warrant of arrest. No. 463. Warrant of arrest— Hawaii, No. 464. Warrant of arrest- Justice's court, No. 469. Warrant of arrest— Justice's court— Washington, No. 470. ARTICLES. Articles of copartnership, No. 28S0. Articles of copartnership between merchants, No. 2881. Articles of incorporation. No. 1292. Articles of incorporation of church, Nos. 1294, 1328. Articles of incorporation of railroad company. No. 1293. Form Book — 83 1314 Index. ASSAULT. Complaint — Assault by means and force likely to produce great bodily iujury — Justice's court, No. 1049. Complaint — Assault to murder, No. 1037. Complaint — Assault with a deadly weapon, No. 1035. Complaint — Assault with a deadly weapon — Justice's court, No. 1048. Complaint — Assault with attempt to commit robbery — ^Justice's court, No. 1051. Complaint — Assault with intent to commit murder — Justice's court, No. 1050. Complaint — Simple assault — Justice's court, No. 1001. Information for assault with a deadly weapon, No. 2120. Indictment for assault with intent to kill — Oregon, No. 2119. ASSESSMENT. Assessment notice, No. 1313. ASSIGNMENT. Assignment annexed to instrument. No. 499. Assignment by corporation. No. 525. >.46signment indorsed on mortgage. No. 519. Assignment indorsed upon an instrument — Short form, No. 500. Assignment of account. No. 510. Assignment of account indorsed thereon. No. 511. Assignment of a patent — Long form. No. 2939. Assignment of bond. No. 501. Assignment of bond and mortgage, No. 520. Assignment of contract for sale of land. No. 526. Assignment of contract for sale of real estate. No. 515. Assignment of copyright to book, No. 1260. Assignment of debt, No. 503. Assignment of entire interest in an invention before the issue of let- ters patent. No. 2933. Assignment of entire interest in letters patent. No. 2934. Assignment of goodwill and book debts of business upon sale thereof. No. 523. Assignment of judgment, No. 521. Assignment of judgment — Another form, No. 522. Assignment of judgment — Justice's court. No. 528. Assignment of lease, No. 513. Assignment of lease by indorsement, No. 514. Assignment of mortgage, No. 516. Assignm.ent of mortgage as collateral security. No. 527. Assignment of mortgage (Statutory) — South Dakota, No. 517. Assignment of mortgage with covenant of ownership, No. J18. Assignment of partnership property and debts by one party to another on dissolution, No. 2884. Index. 1315 ASSTGNMEXT (Continuod). Assignment of partnertliip property to one partner on dissolution, No. 502. Assignment of personal property — In general, No. 507. Assignment of policy of insnranco, No. 512. Assignment of seaman's wages, No. 50G. Asjignment of stock, No. 508. Assignment of stock — Another form, No. 509. Assignment of undivided fractional interest in an invention before the issue of letters patent. No. 2940. Assignment of undivided interest in letters patent and extension thereof. No. 2935. Complaint by assignee. No. 529. Notice by assignee of assignment of debt. No. 505. Notice by creditor of assignment of debt, No. 504. Notice of assignment of legacy. No. 524. ASSIGNMENTS FOE BENEFIT OF CEEDITOES. Affidavit of mailing notice to creditors. No. 551. Affidavit of publication of notice to creditors. No. 550. Affidavit to inventory of assignor for benefit of creditors. No, 54^, Assignee's bond, No. 547. Assignee's notice to creditors. No. 549. Assignment to sheriff for benefit of creditors, No. 541. Assignment to trustee for benefit of creditors. No. 540. Complaint by assignee for benefit of creditors. No. 552. Condition of assignee's bond — Kansas, No. 548. Inventory to bo made by assignor for benefit of creditors. No. 545. Notice to creditors, by sheriff, to meet for purpose of electing assignee. No. 543. Published notice to creditors by sheriff, No. 544. Transfer by sheriff to assignee. No. 542, ASSUMPSIT. See Services Eendered. ATTACHMENT. See Execution. Affidavit for attachment, No. 563. Affidavit for attachment against nonresident. No. 564. Affidavit for attachment — Justice's court — New Mexico, No. 567. Affidavit for attachment — New Mexico, No. 566. Affidavit for garnishment, No. 601. Attachment — Affidavit for, against nonresident for injury to property, No. 565. Attachment — Certificate to be attached to writ of, where served out of county. No. 582. Attachment for defaulting witness, No. 1125. Attachment — Instructions to officer, No. 585. 1316 Index. ATTACHMENT (Continued). Attachment — OTficer's return of levy on shares in corporation, No. 591. Attachment — Officer's return of levy on moneys and other personal property, No. 590. Bond for attachment — Arizona, No. 572. Bond for attachment — Justice's court — New Mexico, No. 574. Bond for attachment — New Mexico, No. 573. Bond for release of attached property, No. 593. Bond in garnishment, No. 602. Bond on release of attachment — Colorado, No. 595. Bond on release of attachment — Justice's court — Nevada, No. 596. Bond to prevent levy of attachment — Nevada, No. 584. Certificate of levy of attachment — Colorado, No. 592. Complaint by sheriff in aid of attachment. No. 618. Complaint on undertaking on attachment, No. 619. Garnishment — Affidavit, by garnishee, denying liability, No. 612. Garnishment — Affidavit, by garnishee, for discontinuance as to him. No. 613. Garnishment — Certificate by garnishee. No. 611. Garnishment — Citation to garnishee. No. 610. Garnishment — Interrogatories, answer and oath, No. 614. Garnishment summons — Colorado, No. 603. Garnishment summons — Justice's court — North Dakota, No. 604. Garnishment summons — Justice of the peace — Washington, No. 606. Garnishment summons — North Dakota, No. 605. Instructions to sheriff to release. No. 621. Notice of attachment, No. 586. Notice of attachment by publication — Wyoming, No. 589. Notice of attachment of stoiks or shares. No. 587. Notice to sheriff of release of attachment, No. 620. Release of real property from attachment. No. 600. Keturn of attacliment or execution showing levy on credits, etc. — Jus- tice's court, No. 616. Return on attachment of personalty — Justice's court, No. 615. Return on attachment, or execution showing levy on shares in corpo- ration — Justice's court. No. 617. Undertaking for attachment — Oregon, No. 570. Undertaking for attacliment — Washington, No. 571. Undertaking for release or discharge of attachment — Or gf^n. No. 598. Undertaking for release or discharge of attachment — Washington, No. 599. Undertaking on attachment — Cfilifornia, No. 568. Undertaking on attachment — Justice's court. No. 569. Undertaking on release of attachment — Justice's court. No. 597. Undertaking to stay levy of attachment, No. 583. Writ of attachment — Arizona, No. 577. Writ of attachment — California, No. 575. Index. 13J7 ATTACHMENT (Continued). Writ of attachment — Hawaii, No. 578. Writ of atlacliment — Justice's court, No. 576. "Writ of attachment — New Mexico, No. 579. Writ of attachment — Oregon and Alaska, No. 580. Writ of attachment — Washington, No. 581. Writ of garnishment — Justice of the peace — Washington, No. 609. Writ of garnishment — New Mexico, No. 607. Writ of garnishment — Superior court — Washington, No. 608. ATTESTATION. Attestation of will — Acknowledged by testator to be signed by him, No. 3890. Attestation of will, signed in presence of witnesses, No. 3888. Attestation of will where testator's name is written by person at his request, No. 3889. ATTOENEY AT LAW. See Admission to Practice; Powers of Attorney. AWARD. See Arbitration and Award. Award, Nos. 408, 409. BAIL. See Arrest and Bail in Civil Actions; Arrest and Bail in Criminal Actions. Bail bond before indictment, No. 477. Bail bond — U. S. Commissioner, No. 801. BANKRUPTCY. Account of trustee. No. 687. Adjudication of bankruptcy. No. 671. Adjudication that debtor is not bankrupt, No. 670. Afladavit of lost bill or note. No. 704. Application for confirmation of composition, No. 714. Appointment, oath and report of appraisers. No. 672. Appointment of trustee by creditors, No. 682. Appointment of trustee by referee. No. 683. Bankrupt's petition for discharge. No. 717, Bond of petitioning creditor, No. 638. Bond of referee, No. 675. Bond of trustee. No. 684. Bond to marshal. No. 639. Certificate by referee to judge, No. 078. Creditor's petition, No. 633. Debtor's pc^tition. No. 631. Discharge of bankrupt. No. 719. Examination of bankrupt or witness. No. 697. 1318 Index. BANKRUPTCY (Continued). General letter of attorney in fact when creditor is not represented by attorney at law. No. 680. List of claims and dividends to be recorded by referee and by him delivered to trustee, No. 694. List of debts proved at first meeting, No. 679. Notice of dividend in bankruptcy, No. 695. Notice of first meeting of creditors, No. 677. Notice of petition for removal of trustee, No. 691, Notice of trustee of bis appointment, No. 685. Oath to final account of trustee, No. 688. Order allowing account and discharging trustee, No. 689. Order confirming composition, No. 715. Order expunging claim, No. 706. Order for choice of new trustee. No. 693. Order for examination of bankrupt. No. 696. Order for jury trial, No. 636. Order for removal of trustee, No. 692. Order of distribution on composition, No. 716. Order of reference. No. 673. Order of reference in judge's absence. No. 674. Order reducing claim, No. 705. Order that no trustee be appointed, No. 686. Order to show cause upon creditor's petition, No. 634. Partnership's petition. No. 632. Petition and order for private sale, No. 711. Petition and order for redemption of property from lien, No. 709. Petition and order for sale by auction of real estate, No. 708. Petition and order for sale subject to lien. No, 710. Petition and order for sale of perishable ] roperty. No. 712. Petition for meeting to consider composition. No. 713. Petition for removal of trustee. No. 690. Proof of debt by agent or attorney, No. 702. Proof cf debt due corporation, No. 701. Proof of secured debt, No. 700. Proof of secured debt by agent. No. 703. Proof of unsecured debt, No. 699. Eeferee's oath of office. No. 676. Special letter of attorney in fact, No. 681. Special warrant to marshal. No. 637. Specification of grounds of opposition to bankrupt's discharge, No. 713. Subpoena to alleged bankrupt, No. 635. Summons to witness in bankruptcy. No. 698. Trustee's report of exempted property, No. 707. BATTERY. Complaint — Battery — Justice's court, No. 985. IXDEX. 1319 BENCH WAEEANT. See Warrant. Bench warrant on indictment or information, No. 3850. BEQUEST. See Wills. Bequest of an annuity to a wife during widowhood, No. 391.5. Bequest of jewels, furniture, etc., to the wife of the testator, No. ;^!0;3. Boqiiest of one dollar to an imprudent son, No. 3907. Bequest of the residue of the testator's estate, No. 3917. BILLS. See Pledge; Promissory Note; Protest. A set of bills of exchange, No. 731. Bank chock, No. 732. Bill of exchange, No. 730. Complaint by acceptor, without funds, against drawer, No. 735. Complaint by payee against drawer of bill of exchange, No. 734. Draft, No. 733. BILLS OF SALE. Bill of sale. No. 746. Bill of sale and power of attorney to transfer stock, No. 751, Bill of sale — Another form. No. 748. Bill of sale — Simple form. No. 747. Bill of sale of ship or steamboat, No. 750. Bill of sale, with warranty of title, No. 749. BLUE SKY LAW. Appointment of commissioner of corporations as attorney in fact upon whom process against foreign corporations may be served, No. 757. Broker's agent's application. No. 755. Broker's application — California corporation. No. 754. Broker's application — Individual, No. 753. Certificate of corporate authority. No. 756. Petition for leave to issue securities, No. 752. BONDS. See Official Bonds. BONDS AND UNDERTAKINGS. See Undertakings. Bail bond — United States commissioner, No. 801. "Bail" for stay of execution — Wyoming, No. 1676. Blasting bond. No. 804. Bond — Common form. No. 762. Bond conditioned if interest not paid within a certain time whole sum due. No. 764. Bond for attachment — Arizona, No. 572. Bond for attachment — Justice's Court — New Mexico, No. 574. Bond for attachment — New Mexico, No. 573. Bond for costs by nonresident — Colorado, No. 1360. 1320 Index. BONDS AISTD UNDERTAKINGS (Continued). Bond for costs — Justice's court — Oklahoma, No. 1363. Bond for costs on appeal, No. 358. Bond for deed, No, 766. Bond for deed of mining property. No. 767. Bond for lost instrument. No. 805. Bond for payment of money. No. 765. Bond for performance of covenants. No. 780. Bond for performance — To be indorsed on contract, No. 781. Bond for release of attached property. No. 593. Bond for stay of execution — Washington, No. 1677. Bond from several persons for several sums. No. 779. Bond in garnishment, No. 602. Bond of administrator, No. 1757. Bond of administrator on sale of real estate. No. 3087. Bond of counter-indemnity. No. 802. Bond of guardian on qualifying. No. 2008. Bond of guardian on sale of real estate, No. 2020. Bond of indemnity for loss of original bill of lading. No. 770. Bond of indemnity — Lost stock. No. 798. Bond of indemnity to surety. No. 782. Bond of indemnity to surety — Another form, No. 783. Bond of indemnity to surety on appeal bond, No. 787. Bond of justice of the peace — Washington, No. 820. Bond of master of ship to deliver up ship to owners on demand, No. 791. Bond of petitioning creditor, No. 638. Bond of public officer — Hawaii, No. 822. Bond of referee. No. 675. Bond of special administrator. No. 1746. Bond of treasurer or trustee. No. 774. Bond of trustee. No. 684. Bond on appeal from money judgment. No. 355. Bond on appeal from judgment directing delivery of documents or per- sonal property. No. 356. Bond on appeal from judgment for the recovery of real property, No. 357. Bond on arbitration, No. 410. Bond on injunction. No. 2142, Bond on release of attachment — Colorado, No. 595. Bond on release of attachment — Justice's court — Nevada, No. 596. Bond that person will convey land on reaching age of majority, No. 788. Bond to administrator and interested person upon sale of contract for purchase of lands. No. 3088. Bond to convey estate at future time free from encumbrances and that obligee in meantime shall receive profits, No. 792. Index. 1321 BONDS AND UNDERTAKINGS (Continued). Bond to indemnify indorser of promissory note, No. 786. Bond to indemnify person against damage from carrying on business in his name, No. 789. Bond to keep person during life, No. 794. Bond to marshal, No. 639. Bond to prevent levy of attachment — Nevada, No. 584. Bond to replace stock loaned, No. 784. Bond to save harmless from paying rent where title is in question, No. 785. Bond to third person, on wife's behalf, by husband, that he will not interfere with business of wife, who lives separate and apart from him, No. 790. Bond with option to mature in case of default, No. 763. Bond with warrant of attorney to confess judgment. No. 793. Bottomry bond, No. 775. Common carrier's general indemnity bond. No. 807. Common-law completion bond — Public work. No. 797. Complaint by surety against principal. No. 809. Condition of county clerk's bond — Kansas, No. 814. Condition of county treasurer's bond — Colorado, No. 812. Condition of official bond — Wyoming, No. 819. Condition of sheriff's bond — Colorado, No. 813. Contractor's bond — Public works of United States, No. 795. County treasurer's official undertaking — Oregon, No. 818. Fidelity bond. No. 772. Fidelity bond— Clerk, No. 771. Indemnity bond on claim and delivery. No. 800. Justification of sureties on official bond — Hawaii, No. 823. .Justification of sureties on state or county bonds. No. 811. Legatee's bond, No. 776. Material and labor bond on public work. No. 796. Notary's bond, No. 773. Notice by surety to his guarantors to defend action on a bond signed by surety and guarantor. No. 808. Official bond. No. 768. Official bond — Corporate security. No. 769. Official bond of city and county officers of Honolulu, No. 821. Official bond of county treasurer, No. 810. Official undertaking of constable — Oregon, No. 815. Official undertaking of justice of the peace — Oregon, No. 816, Plumber's bond — San Francisco, No. 799. Real estate broker's bond, No. 803. Reciprocal demurrage bond. No. 806. Sheriff's indemnity bond on attachment, No. 777. Sheriff's indemnity bond on execution, No. 778. Sheriff's official undertaking — Oregon, No. 817. 1322 Index. BOTTOMRY. Bottomry bond, No. 775. BEEACH OF PROMISE. Complaint for breach of promise of marriage, No. 824, Complaint for refusal to marry, No. 825. BRIBE-RY. Information for bribery, No. 2108. BUILDER'S CONTRACT. Builder's contract. No. 1184. Building contract, No. 1185, Building contract. No. 1186. BURGLARY. Complaint — Attempt to commit burglary — Justice's court, No. 1047. Complaint — Burglary in the first degree, No. 1039. Indictment for burglary, No. 2122. BY-LAWS. By-laws of corporation, No. 1323. CERTIFICATES. See Return. Certificate as to amendment of articles — Washington, No. 1327. Certificate as to copy of docket entry — Justice's court, No. lo&l. Certificate as to oflBcial character of magistrate. No. 466. Certificate by garnishee, No. 611. Certificate of agreement of association — Washington, No. 1325. Certificate of authentication by clerk of court. No. 844. Certificate of authority of notary or other officer. No. 841. Certificate of change of individual doing business under a fictitious name. No. 1880. Certificate of clerk to copy of minute order, No. 842. Certificate of clerk to paper on file, No. 843. Certificate of conviction — Justice's court — Washington, No. 2233. Certificate of copartnership. No. 2883a. Certificate of copartnership transacting business under fictitious name. No. 1882. Certificate of county clerk that person issuing writ of attachment is a justice of the peace, No. 856. Certificate of discharge of mortgage or deed of trust release (statutory) —Wyoming, No. 3262. Certificate of election. No. 848. Certificate of identity of claim, No. 2627. Certificate of inheritance tax appraiser. No. 2132. Index. 1323 C'E'RTTFICATES (rontinuea). Certificate of legal organization— Washington, No. 1326. Certificate of levy of atlaelinient— Colorado, No. 592. Certificate of levy of execution— Colorado, No. 1678. Certificate of marriage, No. 850. Certificate of marriage — Another form, No. 851. Certificate of officer's authority. No. 241. Certificate of copartnership transacting business under fictitious name. No. 1882. Certificate of person transacting business under fictitious name, No. 1881. Certificate of posting notice of application for mining patent. No. 2642. Certificate of presentation of creditor's claim by notary public, No. 1392. Certificate of proof of lost will. No. 3970. Certificate of proof of will. No. 39G8. Certificate of proof of will and of facts found— Another form, No. 3969. Certificate of qualification of attorney after examination, No. 246. Certificate of redemption, Nos. 1712, 1961. Certificate of rejection of will. No. 3971. Certificate of residence of partnership, No. 2885. Certificate of residence of partnership, No. 847. Certificate of sale of corporate stock ordered by court to be sold, No. 1710. Certificate of sale of personal property on execution. No. 1708. Certificate of sale of real property on execution. No. 1707. Certificate of sale on foreclosure by commissioner or sheriff, No. 1960. Certificate of secretary on application for dissolution. No. 1334. Certificate of service of jurors. No. 854. Certificate of service of subpoena in civil proceeding, No. 3449. Certificate of service of subpoena in criminal action. No. 3450. Certificate on motion to dismiss appeal, No. 855. Certificate that copy of judgment is correct. No. 2227. Certificate to be attached to summons to be served out of the county- Justice's court, No. 3553. Certificate to be attached to writ of attachment where served out of county — Justice's court. No. 582. Certificate to copy of decree. No. 845. Certificate to copy of judgment, No. 2223. Certificate to copy of judgment, and as to papers constituting judgment- roll. No. 2224. Certificate to copy of judgment of imprisonment— Justice's court, No. 2229. Certificate to copy of maritime protest, No. 3159. Certificate to judgment-roll, No. 853. Certificate to papers on transfer from justice's court to higher court, No. 857. 1324 Index. CERTIFICATES (Continued). Certificate to signature and form of instrument, No. 840. Certificate to signature, No. 849. Certificate to transcript on appeal, No. 852. CERTIORARI, Application for writ of certiorari, No. 858, Order for writ of certiorari to issue. No. 859. Writ of certiorari, No. 860. CHANGE OF NAME. See Corporations; Fictitious Names. Order to stow cause on application for change of name. No. 860a. CHANCE OF PLACE OF TRIAL, Affidavit for change of place of trial because of justice being a wit- ness — ^Justice's court. No. S66c. Affidavit for change of place of trial on account of bias or prejudice of citizens — Justice's court. No. 866b. Affidavit for change of place of trial on ground of interest, prejudice or bias — Justice's court, No. 866d. Affidavit for change of venue, No. 865. Affidavit of merits. No. 866. Affidavit of residence and of merits for change of place of trial, No. 864. Demand for change of place of trial, No. 863. Motion for change of place of trial. No. 862, Notice of motion for change of place of trial, No. 861. Notice of transfer, and of time and place of trial, No. 8661, Order transferring cause — Justice's court, No. 866h. Order transferring proceedings back to original court, No. 866g. Order transferring proceedings on account of disqualification of judge, No. 866e, Petition for retransfer of proceedings. No, 866f. Stipulation transferring case. No. 866a, CHARITABLE BEQUESTS. See Willa, Charitable bequests, No. 3914. CHARTER-PARTY. Charter of vessel for term, No. 1200. Charter of vessel for voyage, No. 1201. CHATTEL MORTGAGE, See Foreclosure of Mortgages; Mortgages. Chattel mortgage — General form, No. 2715. Chattel mortgage — North Dakota, Oklahoma and South Dakota, JIo. 2721, Chattel mortgage — Statutory form — California, No. 2717. Chattel mortgage to secure performance of lease. No. 2719. Index. 1325 CITATIONS. Answer and demurrer to citation to savings bank, No. 871. Citation to administrator on application for partial distribution, No. 1584. Citation to administrator to shov; cause why he should not give further security, No. 1792, Citation to administrator to show cause why letters should not be re- voked, No. 1818. Citation to banter to appear and answer as to unclaimed deposit. No. 870. Citation to executor on petition of heir for partial distribution, No. 869. Citation to garnishee, No. 610. Citation to shov?' cause, No. 868. Citation on application to revoke probate. No. 3981. Order for citation to administrator to account, No. 867. CLAIM. See Bankruptcy; Creditors' Claims. Claim against l>ond given on contract for public work — Washington, No. 2511. Claim for mechanic's lien — Washington, No. 2509. Claim of lien. See Liens. Creditor's claim — Contingent, No. 1396. Laborer's claim, No. 2864. Statement denying claim for labor. No. 2365. Statement of claims presented, No. 1393. CLAIM AND DELIVERY. See Eeplevin. Affidavit on claim and delivery of personal property. No. 884. Affidavit to claim of property by third person. No. 894. Answer to complaint in claim and delivery, No, 883. Complaint in claim and delivery. No. 882. Complaint on undertaking in claim and delivery. No. 908. Execution for the delivery of property — Oregon, No. 900. Judgment for damages in lieu of return of property, Nos. 899, 2238. Judgment for possession of personal property and damages, No. 896. Judgment for return of property to defendant, Nos. 898, 2237. Judgment for value of personal property, Nos. 897, 2236. Notice of exception to sufficiency of sureties, No. 889. Officer's return of property delivered to plaintiff. No. 890. Officer's return of property to defendant, No. 893. Order for delivery of property to plaintiff — Oregon, No. 888. Eequisition to return property to defendant. No. 891. Requisition to take property from defendant. No. 887. Eeplevin — Affidavit before clerk of district court — New Mexico, No. 902, Eeplevin — Affidavit before justice of the peace — New Mexico, No. 001. Eeplevin — Bond of plaintiff to defendant — New Mexico, No. 903. Eeplevin — Bond of plaintiff to office — New Mexico, No. 904. Eeplevin — Order for delivery of property — Washington, No. 907. 1326 Index. CLAIM AND DELIVERY (Continued). Replevin — Undertaking for delivery of property to plaintiff — Wash- ington, No. 906. Undertaking for delivery of property to plaintiff — Oregon, No. 886. Undertaking for return of property to defendant, No. 892. Undertaking on claim and delivery, No. 885. Undertaking to indemnify officer against claim of tMrd person, No. 895. Writ of replevin — New Mexico, No. 905. CODICILS. See Wills. Codicil, No. 3920. Codicil altering the will, etc., with proper conclusion and attestation, No. 3923. Codicil — General form where several legacies are revoked, No. 3925. Codicil, holographic or witnessed, indorsed upon the back of a will, No. 3921. Codicil ratifying the will. No. 3923. COMMISSIONER'S DEED. Commissioner's deed on foreclosure. No. 1963. COMMISSIONS. Se© Depositions. Commission — Shorter form. No. 1548. Commission to take testimony. No. 1547. Order for commission to take testimony. No. 1546'. COMMITMENT. Commitment for examination — ^To be indorsed on warrant of arrest, No. 924. Commitment for examination — To be indorsed on warrant of arrest, No. 925. Commitment on order holding to answer — Justice's court, No. 922. Commitment to answer, No. 926. Commitment to answer — Arizona, No. 927. Commitment to answer — Justice's court — Oregon, No. 929. Commitment to county jail. No. 923. Commitment to keep the peace — Oregon, No. 920. - Commitment to keep the peace — Oregon, No. 2353. Commitment to prison — General, No. 919. Commitment to prison. No. 921. Commitment where justice, on the trial, finds that he has no jurisdic- tion — Justice's court — ^Washington, No. 930. Mittimus — Hawaii, No. 928. Warrant of commitment on failure to produce will, No. 3953, COMMON CARRIER. General indemnity bond, No. 807. Index. 1*^27 COMMON DRUNKAED. Complaint-Common drunkard-Justice'a court, No. 986. COMPLAINTS— CIVIL. Complaint against a county, No. 955. Complaint against administrator or executor No. 184 j^ Complaint against borrower for money loaned, No. -bSO. Complaint against builder for special damages from loss of rent, No. Complaint against carrier to replevin goods, No. 3280. Complaint against corporation. No. 1330. throuc^h Complaint against municipal corporation for damages arising ttrou.h negligent control of water supply, No. 2/4L Complaint against partners, No. 2887. Complaint against sheriff for false return, No 33o0. Complaint against sheriff for moneys collected, No. 3351 Complaint -against sheriff for neglecting to return execution No. 3oo.. Complaint against sheriff for not executing process, No. ooo3. Complaint against sole trader. No. 3374. Complaint fgainst telegraph company for negligence m trans,n>tt,ng Co^;uZ%Zt'tLr company for negHgcnee in permitting water to escape. No. 2743. Complaint against witness for disobeying subpoena. No. 3451. Complaint and notice-Justice's court-Washington, No. 3o49. Complaint before railroad commission. No. 320o. Complaint by accepter, without funds, against drawer. No. 735. Complaint by administrator, No. 1848. Complaint by administrators on promissory note, No. 3138. Complaint by assignee. No. 529. Complaint by assignee for benefit of creditors, No. 552. ComplZt by buy?^ against seller for not delivering merchandise, No. ComplaTnt by contractor for extra work done under contract modified, No. 1196. Complaint by corporation, No. 1329. ^ rnmnlamt bv corporation for subscription, No. 16^6. Complaint hy creditor against stockholder on stockholder's liability. Com^llt'by executor for citation to person alleged to have concealed or embezzled property, No. 1812. Complaint by holder against indorser and -;k«^'/o-/f/- Complaint by infant, suing by general guardian, No 2024 Complaint by infant, suing by guardian ad litem, No. 2025 Complaint by payee against drawer of bill of exchange, No. 734. Complaint by receiver appointed pending^ suit No. 952. Complaint by seller against purchaser, Iso. 1^09. 1328 Index. COMPLAINTS— :'rVIL Continncd). Complaint by sheriff in aid of attachment, No. 618. Complaint by surety against principal, No. 809. Complaint by surviving partner, No. 2888. Complaint by tenant against third person for destroying pasturage. No. 3670. Complaint containing several counts, No. 951. Complaint for breach of contract to employ, No. 1203. Complaint for breach of contract to manufacture, No. 1204. Complaint for breach of contract to serve, No. 1205. Complaint for breach of covenant against encumbrances, No. 1473. Complaint for breach of covenant of quiet enjoyment, No. 2448. Complaint for breach of covenant of warranty, No. 1474. Complaint for breach of promise of marriage, No. 824. Complaint for breach of warranty of title, No. 1476. Complaint for condemnation of land by corporation, No. 1617. Complaint for conversion of personal property, No. 1247. Complaint for damages for erecting a nuisance, No. 2S20. Complaint for damages for false imprisonment, No. 1862. Complaint for damages for injuries received on an elevator. No. 2740. Complaint for damages for loss of pledge, No. 2973. Complaint for damages for misrepresentations as to mining property, No. 1863. Complaint for divorce — Desertion, No. 1577. Complaint for divorce — Habitual intoxication, No. 1578. Complaint for forcible detainer, No. 1900. Complaint for forcible entry, No. 1898. Complaint for forcible entry and detainer, No, 1899. Complaint for forcible entry and detainer — New Mexico, No. 1903. Complaint for fraudulent representations in procuring credit, No. 1864. Complaint for goods sold. No. 1987. Complaint for hire of furniture, No. 2449, Complaint for holding over after expiration of term, No. 3711. Complaint for holding over after rent due. No. 3710, Complaint for injunction. No. 2138. Complaint for injunction to restrain defendants from flowing water on plaintiff's land. No. 2139. Complaint for libel charging crime, words not libelous on their face, No. 2481. Complaint for libel charging plaintiff with violating trust as agent, No. 2480. Complaint for libel indirectly charging perjury. No. 2482. Complaint for libel for words not libelous in themselves. No. 2483. Complaint for libel for words spo ccn in foreign language, No. 2484. Complaint for malicious arrest, No. 2581. Index. 1329 COMPLAINTS— CIVIL (Continued). Complaint for malicious prosecution— Opening flume, No. 2580. Complaint for money had and received, No. 2666. Complaint for money had and received, No. 2667. Complaint for money lent by plaintiff's testator, No. 2681. Complaint for money paid out, No. 2693, Complaint for money paid to third party, No. 2691. Complaint for negligence leaving pile of earth in highway. No. 2742. Complaint for partition of land held in common with estate, No. 286L Complaint for partition of real property, No. 2860. Complaint for refusal to marry. No. 825. Complaint for rent of land— Justice's court. No. 2450. Complaint for repayment of deposit, No. 1206. Complaint for repayment of money paid where judgment reversed, No. 2692. Complaint for replevin of goods in the hands of officer levying execu- tion, No. 3281. Complaint for search-warrant. No. 3330. Complaint for services of minor son, No. n?A1. Complaint for services rendered at fixed price. No. 3341. Complaint for trespassing cattle. No. 3671. Complaint for work done and materials furnished, No. 3340. Complaint in action to have a deed absolute declared a mortgage. No. 2722 Complaint in action to recover damages for revocation of submission to arbitration. No. 417. Complaint in claim and delivery, No. 882. Complaint in ejectment by tenants in common against strangers, No. 1603. Complaint in ejectment— Fee simple, No. 1600. Complaint in ejectment— Prior possession. No. 1601. Complaint in intervention, No. 2185. Complaint in quo warranto, No. 3200. Complaint on account for goods sold. No. 1986. Complaint on account stated, No. 48. . , ^ Complaint on bond for government work to recover for materials fur- nished to the contractor. No. 1197. Complaint on bond to convey land. No. 1207. Complaint on endowment policy, No. 2169. Complaint on express promise to pay precedent debt, No. 956. Complaint on fire insurance policy. No. 2170. Complaint on fire insurance policy by transferee _of property. No. 21. d. Complaint on foreign judgment, Nos. 2251, 225o. Complaint on insurance policy for cargo lost by fire, No. 2174. Complaint on judgment. No. 2257. Complaint on life insurance policy. No. 2172. Form Book — 84 1330 Index. COMPLAINTS— CIVIL (Continiiod). Complaint on life insurance policy by wife, partner or creditor, No. 2173. Complaint on lost note, No. 3142. Complaint on partnership note, No. 3141. Complaint on promise of third person, No. 953, Complaint on promise to pay in consideration of surrender of lease, No. 2447. Complaint on promissory note, Nos. 3136, 3140. Complaint on promissory note — Justice's court, No. 3139. Complaint on undertaking on attachment. No. 619. Complaint to cancel deed and correct mortgage, No. 2723. Complaint to determine conflicting claims to real property North Dakota, No. 3184. Complaint to foreclose chattel mortgage, No. 1956. Complaint to foreclose mechanic's lien. No. 1929. Complaint to foreclose mechanic's lien — Short form. No. 1930, Complaint to foreclose mortgage on land, No. 1953. Complaint to quiet title, Nos. 3180, 3182. Comi:>laint to quiet title to mining claim. No. 3181. Complaint to recover penalty for violation of ordinance. No. 957. Complaint to recover subscription for public object, No. 1210. Complaint to recover statutory penalty, No. 954. COMPLAINTS— CKIMINAL. Complaint — Allowing rubbish to accumulate on street — Justice's court, No. 1011. Complaint — Assault by means and force likely to produce great bodily injury — Justice's court. No. 1049. Coni])laint — Assault to murder, No. 1037. Complaint — Assault with a deadly weapon. No. 1035. Complaint — Assault with a deadly weapon — Justice's court. No. 1048. Complaint — Assault with intent to commit murder — Justice's court, No. 1050. Complaint — Assault with attempt to commit robbery — Justice's court, No. 1051. Complaint — Attempt to commit burglary — Justice's court, No. 1047. Complaint^Battery — Justice's court, No. 985. Complaint — Burglary in the first degree. No. 1039. Complaint — Carrying a concealed weapon — Justice's court, No. 1012. Complaint — "Cubic-air" law — Letting a room in violation of — Justice's court. No. 1002. Complaint — "Cubic-air" law — Using a room in violation of — Justice's court. No. 1003. Complaint — Common drunkard — Justice's court. No. 986. Complaint — Depositing rubbish in street — Justice's court. No. 1013. Index. 1331 COMPLAINTS— CEIMINAL (Continued). Complaint — Discharging firearms within city limits — Justice's court, No. 1014. Complaint — Disturbing the peace — Justice's court, No. 989. Complaint — Doing business without a license — ^Justice's court. No. 990. Complaint — Drawing and exhibiting a deadly weapon — Justice's court, No. 991. Complaint — Employing a minor in exhibition — Justice's court. No. 1015. Complaint for crime — Justice's court, No. 983. Complaint for crime — Justice's court — North Dakota, No. 984. Complaint for cruelty to animals — Justice's court. No. 988. Complaint — Forgery — Justice's court, No. 1036. Complaint — Gaming — In general — Justice's court. No. 992. Complaint — Grand larceny, No. 1046. Complaint — Having a lottery ticket in possession — Justice's court. No. 1016. Complaint — Having possession of gambling tools — Justice court. No. 1017. Complaint — Keeping a disorderly house — Justice's court. No. 993. Complaint — Keeping a minor in a house of prostitution — Justice's court. No. 1018. Complaint — Keeping house of ill fame — Justice's court. No. 1004. Complaint — Keeping office open for sale of lottery tickets — Justice's court. No. 1008. Complaint — Keeping opium resort — Justice's court. No. 1006. Complaint — Maintaining a public nuisance — Justice's court, No. 994. Complaint — Maintaining lottery— Justice's court. No. 1009. Complaint — Making or passing fictitious instrument — Justice's court. No. 1045. Complaint — Malicious mischief — Justice's court, No. 995. Complaint — Misdemeanor embezzlement by agent — Justice's court, No. 996. Complaint — Obstructing a railroad — Justice's court, No. 1019. Complaint — Obstructing a sidewalk — Justice's court. No. 1020. Complaint — Obstructing a street — Justice's court, No. 1021. Complaint — Obtaining goods or money by false pretenses — Justice's court. No. 1043. Complaint — Obtaining money, personal property or labor by false pre- tenses — Justice's court. No. 998. Complaint — Omitting to provide for minor child — Justice's court. No. 1044. Complaint or information that public offense has been committed. No. 982. Complaint — Peddling without a license — Justice's court. No. 1022. Complaint — Petit larceny — Justice's court. No. 999. Complaint — Petit larceny with previous conviction, No. 1042. 1332 Index. COlVrPLATNTS— CRIMINAL (Continued) . Complaint — Receiving stolen goods, No. 1038. Complaint — Receiving stolen property — Justice's court, No. 1041. Complaint — Refusing to "move on and disperse" — Justice's court, No. 1023. Complaint — Residing in a house of ill fame — ^Justice's court, No. 1005. Complaint — Robbery, No. 1034. Complaint — Selling lottery tickets — Justice's court, No. 1010. Complaint — ^Simple assault — Justice's court. No. 1001. Complaint — Uttering fictitious check, etc. — Justice's court. No. 1040. Complaint — Vagrancy — Justice's court, No. 987. Complaint — Violation of fire ordinance — Justice's court, No. 1024. Complaint — Violation of hack ordinance — Disobedience of police direc- tions — Justice's court, No. 1025. Complaint — Violation of hack ordinance — Soliciting business — Jus- tice's court. No. 1026. Complaint — Violation of health ordinance — Leaving stagnant water, etc., upon premises — Justice's court. No. 1027. Complaint — Violation of health ordinance — Wrongful placing of vault — ■ Justice's court, No. 1028. Complaint — Violation of water ordinance — Justice's court, No. 1029. Complaint — Visiting a gambling-house — Justice's court. No. 1030. Complaint — Visiting a house of ill fame — Justice's court. No. 1031. Complaint — Visiting gambling-house — Justice's court. No. 1032. Complaint — Visiting place where opium is used — Justice's court, No. 1007. Complaint — Vulgar language — Justice's court. No. 1033. Selling intoxicating liquors to common drunkards or to Indians — Jus- tice's court, No. 1000. COMPOSITION. Composition agreement between debtor and creditors, No. 1082. COMPROMISE. Answer alleging compromise, No. 337. Complaint to recover amount of compromise. No. 1090. CONCEALED WEAPON. Complaint — Carrying a concealed weapon — Justice's court, No. 1012. Indictment for carrying concealed weapon, No. 2121. CONDITIONS. Condition of assignee's bond — Kansas, No. 548. Condition of bond on special submission. No. 411. Condition of county clerk's bond — Kansas, No. 814. Condition of county treasurer's bond — Colorado, No. 812. Condition of guardian's bond — Washington, No. 2009. Condition of official bond — Wyoming, No. 819. Condition of sheriff's bond — Colorado, No. 813. Index, 1333 CONFESSION" OF JUDGMENT. Bond with warrant of attorney to confess judgment, No. 793. Confession of judgment, No. 1093. Confession of judgment — Power of attorney to confess judgment, No. 2985. Entry of confession of judgment, No. 1094. CONSENT. Consent of stockholders to change principal place of business, No. 1297. Consent to adoption. No. 251. Consent to adoption — Wyoming, No. 252. CONSPIEACY. Information for conspiracy. No. 2118. CONTEMPT. Affidavit — Contempt by attorney in willfully neglecting his duty. No. 1120. Affidavit — Contempt by member of jury in conversing about merits of action. No. 1105, Affidavit — Contempt by person summoned as juror, improperly convers- ing about merits of action, No. 1106. Affidavit — Contempt in rescuing a person in the custody of an officer, No. 1108. Affidavit — Unlawful interference with the proceedings of a court — Contempt, No. 1107. Affidavit of contempt by clerk, in neglecting to enter default, No. 1115. Affidavit of contempt by disobedience of subpoena, No. 1103. Affidavit of contempt by dissuading witness from attending court, No. 1119. Affidavit of contempt by person assuming to be attorney without au- thority. No. 1111. Affidavit of contempt by referee, in neglecting to take testimony, No. 1109. Affidavit of contempt for refusing permission to take copy of account, No. 1110. Affidavit of contempt by re-entry into real property after ejectment. No. 1118. Affidavit of contempt in abusing process of court. No. 1112. Affidavit of contempt in applying for order after refusal thereof by another judge of same court. No. 1113. Affidavit of contempt in disobeying mandate of court. No. 1114. Affidavit of contempt in refusing to obey order of court. No. 1117. Affidavit of contempt in unlawfully detaining witness, No. 1104. Affidavit of contempt in willfully neglecting to serve subpoena. No. 1116. Attachment for defaulting witness. No. 1125. 1334 Index. CONTEMPT (Continued). Judgment for contempt — Justice's court — Washington, No. 1133. Judgment of conviction for contempt in presence of the court, No. 1127. Judgment of conviction of contempt in view of judge, No. 1126. Order committing administrator for contempt for disobeying order of court, No. 1129. Order convicting of contempt after order to show cause. No. 1124. Order directing attachment against administrator for contempt in not rendering account, No. 1128. Order for defaulting juror to show cause, No. 1121. Order purging of contempt, No. 1123. Order revoking letters after commitment for contempt, No. 1130. Order to show cause why party should not be punished for contempt, No. 1122. Warrant of commitment for contempt in using disrespectful and con- temptuous language. No. 1131. Warrant for contempt — Justice's court — Washington, No. 1132. CONTEST OF WILLS. See Wills, Contest of. Contest and opposition to probate of codicil, No. 3979. Contest of will after probate, No. 3983. Contest of will before probate. No. 3978. CONTINUANCE. Affidavit for continuance, No. 1154. Affidavit on motion for continuance on ground of surprise by forged written evidence, No. 1155. Undertaking on adjournment for more than ten days — Justice's court, No. 1156. CONTEACTOR'S BOND. United States public work. No. 795. CONTRACTS. See Agreements; Bonds; Covenants. Agreement for conditional sale of personal property, price payable in installments. No. 1198. Agreement for sale of real property, price payable in installments. No. 1199. Authority to, and agreement with, agent to sell. No. 1190. Agreement to sell and buy land. No. 1189. Agreement with agent or broker to sell land. No. 1191. Answer denying offer to perform charter-party, No. 1202. Bond for deed. No. 766. Builder's contract. No. 1184. Building contract. No. 1185. Building contract, No. 1186. Broker's contract of sale, No. 1192. Charter of vessel for term. No. 1200. Index. 1335 CONTRACTS (Continued). Charter of vessel for voyage, No. 1201. Complaint against builder for special damages from loss of rent, No. 1195. Complaint by contractor for extra work done under contract modified, No. 1196. Complaint by buyer against seller for not delivering merchandise, No. 1208. Complaint by seller against purchaser. No. 1209. Complaint for breach of contract to employ. No. 1203. Complaint for breach of contract to manufacture, No. 1204. Complaint for breach of contract to serve, No. 1205. Complaint for repayment of deposit, No. 1206. Complaint on bond for government work to recover for materials fur- nished to the contractor, No. 1197. Complaint on bond to convey land, No. 1207. Complaint to recover subscription for public object. No. 1210. Contract and specifications to construct flume, ditch, etc., No. 1181. Contract by landlord. No. 2454. Contract by tenant. No. 2455. Contract forming copartnership. No. 2880. Contract for sale of real estate. No. 1188. Contract — General form. No. 1182. Contract of surety for payment of rent, No. 2446. Contract to cultiv3,te land on shares, No. 1194. Contract to dissolve partnership, No. 2883. Contract to renew partnership, No. 2882. Contract with a mason. No. 1187. Contracts. See Party-wall. Covenant not to sue, No. 1193. General form of agreement or contract with proviso for liquidated damages, No. 1183. Subscription for charitable purposes, No. 1178. Subscription for the accomplishment of an obiect of interest to all, No. 1177. Subscription to secure right of way, No. 1180. Subscription toward building railroad, No. 1179. CONTRIBUTION. Order for contribution by legatee to devisee whose devise has been sold to pay debts, No. 1236. CONVERSION. Complaint for conversion of personal property. No. 1247. CONVEYANCE. See Bills of Sale; Deeds. COPARTNERSHIP. See Fictitious Names; Partnership. 1336 Index. COPTEIGHT. See Trademark. Application for eopyright by citizen or resident of the United States, No. 1258. Affidavit of American manufacture of copyright book, No. 1259. Assignment of copyright to booli, No. 1260. CORONERS. Coroner's certificate as to value of physician's services, No. 1280. Coroner's certificate of death, No. 1271. Coroner's demand for body, No. 1273. Coroner's subpoena, No. 1272. Coroner's subpoena for experts, No. 1278. Coroner's summons of juror, No. 1276. Coroner's warrant of arrest, No. 1279. Inquisition by coroner's jury, No. 1277. Oath of witness before coroner's inquest, No. 1275. Oath to coroner's jury, No. 127-1. Return or verdict of coroner's jury, No. 1281. CORPORATIONS. See Blue Sky Law. Affidavit constituting articles of incorporation of church or society — Utah, No. 1342. Affidavit of chairman as to incorporation of society, church or con- gregation — Colorado, No. 1324. Afiidavit of chairman as to incorporation of joint stock company or association — Colorado, No. 1341. Annual affidavit by corporation. No. 1319. Answer denying subscription for stock, No. 1344. Application for change of name, No. 1300. Application for change of name — Another form, No. 1301. Articles of incorporation, No. 1292. Articles of incorporation of church, No. 1294, Articles of incorporation of church. No. 1328. Articles of incorporation of railroad company, No. 1293. Assessment notice, No. 1313. By-laws of corporation, No. 1322. Certificate as to amendment of articles — Washington, No. 1327. Certificate of agreement of association — Washington, No. 1325. Certificate of legal organization — Washington, No. 1326. Certificate of secretary on application for dissolution, No. 1334. Change of name — Order to show cause, and for publication thereof, No. 1302. Complaint against corporation. No. 1330. Complaint by corporation, No. 1329. Complaint of corporation for subscription, No. 1343. Consent of stockholders to change principal place of business, No. 1297. Corporations — Organization minutes, No. 1295. Index. 1337 CORPOEATTON'S (Continued). Corporations — Power af attorney to transfer stock, No. 2987. Decree of dissolution, No. 1335. Deed by corporation. No. 1444. Final resolution of board of directors changing place of business, No. 1299. Grant of franchise by state to be a corporation — Oklahoma, No. 1320. Notice of annual meeting, No. 1305. Notice of annual meeting, No. 1306. Notice of annual meeting of railroad company, No. 1338. Notice of application to disincorporate, No. 1337. Notice of change of place of business. No. 1298. Notice of delinquent sale. No. 1315. Notice of directors' regular meeting, No. 1307. Notice of directors' special meeting. No. 1308. Notice of special meeting of stockholders to create bonded indebtedness, No. 1340. Notice of stockholders' meeting to increase capital, No. 1339. Objections to application for dissolution, No. 1333. Objections to change of name of corporation. No. 1303. Order changing name. No. 1304, Order fixing time and place of hearing, and for publication of notice of application for dissolution, No. 1336. Petition for dissolution of corporation. No. 1332. Protest of a director of a corporation against dividend to be spread on the minutes. No. 1318. Proxy — Accompanied by ballot. No. 1310. Proxy to vote, No. 1317. Proxy to vote at annual election, No. 1309. Eesolution extending time of delinquent sale. No. 1321. Resolution of religious, educational or benevolent society to become incorporate — Montana, No. 1323. Eesolution rescinding assessment. No. 1314. Resolution to change principal place of business, No. 1296. Resolution waiving further proceeding and sale under assessment, No. 1316. Subscription agreement of corporation to be formed — Several counter- parts. No. 1311. Subscription to take stock in corporation to be formed, No. 1312. Summons to corporation (criminal case), No. 1331. COSTS. Affidavit of inability to give security for costs — Kansas, No. 1361. Bond for costs — Justice's court — Oklahoma, No. 1363. Bond for costs by nonresident — Colorado, No. 1360. Cost bill in justice's court, No. 1359. Memorandum of costs. No. 1358. 1338 Index. COSTS (Continued). Nonresident's cost 'bona or undertaking — Justice's court — Colorado, No. 1362. Nonresident's cost bond or undertaking — Justice's court — Oregon, No. 1364. COUNTE-RCLAIM. Counterclaim, No. 339. Judgment for defendant on counterclaim — Justice's court, No. 2240. COVENANTS. See Leases. Covenant as to encroaching building, No. 1470. Covenant as to holding over, No. 2414. Covenant excepting right of way, No. 2415. Covenant excepting timber, etc., on premises, No. 2416. Covenant excepting waterway. No. 2417. Covenant for private alley in deed to undivided half, No. 1471. Covenant for quiet enjoyment. No. 2433. Covenant not to assign, underlet, alter or improve without license from lessor, No. 2420. Covenant not to carry on noxious or offensive trade, nor permit it to be done, No. 2422. Covenant not to lop trees, etc.. No. 2421. Covenant not to obstruct view, No. 1472, Covenant not to sue, No. 1193. Covenant that landlord may enter to inspect premises, etc., No. 2424. Covenant that landlord may enter to make inventory, etc., No. 2425. Covenant that lessee may deduct taxes and charges of repairs out of rent. No. 2418. Covenant that lessee may quit. No. 2434. Covenant to deliver possession, No. 2426. Covenant to erect brick buildings. No. 2427. Covenant to expend a stated sum, in a given time, for repairs. No. 2423. Covenant to insure. No. 2428. Covenant to occupy premises. No. 2429. Covenant to pay rent, No. 2411. Covenant to pay taxes. No. 2412. Covenant to renew lease. No. 2419. Covenant to repair. No. 2413. Covenant to repair after notice, No. 2430. Covenant to repair, lessor finding materials, No. 2431. Covenant to restore personal property, No. 2432. Covenant to sell inheritance to lessee upon request, No. 2435, CREDITOKS' CLAIMS. Affidavit to creditor's claim, No. 1386. Affidavit to creditor's claim by person representative of claimant, No. 1395. Index. 1339 CREDITORS' CLAnrS (Continued). Affidavit to creditor's claim of corporation or partneTsliip, No. 1387. Affidavit where creditor had no notice by reason of absence from the state, No. 1388. Agreement for reference of claim, No. 1389. Creditor's claim — Appointment of attorney to defend action by executor, No. 1398. Creditor's claim by executor, No. 1397. Creditor's claim — Contingent, No. 1396. Creditor's claim — Demand for vouchers by executor, No. 1403. Creditor's claim— Not due. No. 1399. Creditor's claim on judgment. No. 1401. Creditor's claim on los't promissory note, No. 1402. Creditor's claim on mortgage, No. 1385. Creditor's claim where action pending, No. 1400. Notary's certificate of presentation of creditor's claim, No. 1392. Order allowing presentation of creditor's claim, No. 1394. Order for deposit where claimant cannot be found, No. 1404. Order referring claim to referee. No. 1390. Eeport of referee on creditor's claim. No. 1391. Statement of claims presented. No. 1393. CREDITORS. See Assignment for Benefit of Creditors. CRIMINAL ACTIONS. See Arrest and Bail. CRIMINAL. See Complaints — Criminal; Commitment; Indictment and In- formation. CROP MORTGAGE. Crop mortgage. No. 2718. CRUELTY TO ANIMALS. Complaint for cruelty to animals — Justice's court, No. 988. CUSTOM-HOUSE POWER OF ATTORNEY. Custom-house power of attorney, No. 2981. "CUBIC-AIR" LAW. Complaint for letting room in violation of, No. 1003. Complaint for using room in violation of. No. 1003. DEADLY WEAPON. Drawing and exhibiting — Complaint, No. 991. DEATH. Notice of death of party, No. 2781. 13-10 Index. DECISION'. See Fin clings. DECLARATION. Declaration of homestead — By husband, No. 2071. Declaration of homestead by husband on wife's separate property, No. 2074. Declaration of homestead — By unmarried head of family, No. 2075. Declaration of homestead by person not head of family. No. 2076. Declaration of homestead by wife on her separate property, No. 2073. Declaration of marriage where there ia no record, No. 2601. Declaration of trademark, No. 3640. DECREE. See Divorce; Judgments; Orders. Decree appointing guardians, Nos. 200.5, 2006, 2007. Decree determining heirship of intestate, No. 2059. Decree empowering married woman to become sole trader, No. 3372. Decree establishing heirship of testate. No. 2060. Decree establishing notice to creditors, No. 2803. Decree for family allowance. No. 1876. Decree of adoption. No. 255. Decree of dissolution. No. 1335. Decree of distribution to foreign executor. No. 1574. Decree of final discharge. No. 1847. Decree of final distribution, No. 1573. Decree of foreclosure of mortgage, No. 1957. Decree of partial distribution. No. 1566. Decree of partition. No. 2866. Decree of settlement of account, No. 27. Decree of settlement of account and final distribution, No. 29. Decree of settlement of final account. No. 28. Decree setting apart homestead. No. 2992. Decree showing termination of life estate, No. 3631. Final decree of divorce, No. 1585. DEEDS. Answer denying breach of covenant', No. 1475. Code deed or "grant" deed, No. 1435. Complaint for breach of covenant against encumbrances. No. 1473. Complaint for breacii of covenant of warranty, No. 1474. Complaint for breach of warranty of title to real property No. 1476. Covenant as to encroaching building. No. 1470. Covenant for private alley in deed to undivided half. No. 1471. Covenant not to obstruct view, No. 1472. Deed — Bargain and sale. No. 1437. Deed by corporation, No. 1444. Deed by corporation — Another form, No. 1445. Deed by grantor whose name has been changed. No. 1480. Deed by trustees of a corporation which has forfeited its charter, No. 1479a. Index. 1341 DEEDS (Continued). Deed from husband to wife, No. 1438. Deed for conveyance of real property— Colorado, No. 1481. Deed of administratrix, No. 1467. Deed of conveyance — Arizona, No. 1451. Deed of gift. No. 1439. Deed of guardian, No. 1440. Deed of mining claim, No. 1441, Deed of right of way, No. 1446. Deed of surface rights to mining property, No. 1479. Deed of trust to corporation as trustee, No. 1456. Deed of trust to secure note issue, No. 1478. Deed of trust — Three parties — Single individual trustee, No. 1457. Deed of trust — Wyoming, No. 1458. Deed to incorporate a mining company. No. 1442. Deed with building restrictions. No. 1477. Deed with warranty against acts of grantor, No. 1450. Grant deed— South Dakota, No. 1455. Notice of trustee's sale of real estate at public auction, No 1482. Notice of trustee's sale under deed of trust, No. 1459. Quitclaim, deed. No. 1447. Quitclaim deed — Another form, No. 1448. Quitclaim deed — Arizona, No. 1452. Quitclaim deed — ^Utah, No. 1454. Quitclaim deed — Washington, No. 1464. Quitclaim deed — Wyoming, No. 1465. Reconveyance of trust premises. No. 1460. Sheriff's deed on execution, No. 1468. Sheriff's deed on foreclosure, Nos. 1469, 1962. Statutory deed— Washington, No. 1443. Tax deed. No. 1436. Trustee's deed — Wyoming, No. 1461. Warranty deed, No. 1449. Warranty deed — Arizona, No. 1455. Warranty deed, by attorney in fact, with usual covenants, No. 1466. Warranty deed — Oklahoma, No. 1461b. Warranty deed' — Utah, No. 1461c. Warranty deed — Washington, No. 1462. Warranty deed, with usual common-law covenants, No. 1461a, Warranty deed — Wyoming, No. 1463. DEEDS OF TRUST. See Deeds. DEFAULT. See Judgments and Decrees. Affidavit for relief from default. No. 1502. Affidavit on motion to open default, No. 1501. Clerk's entry of default, No. 1499. 1342 Index. DEFAULT (Continued). Entry of judgment by default, by clerk, No. 1504. Judgment by default by clerk. No. 2220. Judgment by default by court, Nos. 1505, 2221. Notice of motion to set aside default, No. 1500^ Order opening default, No. 1503. DEFEASANCE. Mortgage — Deed wifh defeasance — Arizona, No. 2708. Mortgage — Grant with defeasance, No. 2709. DEMAND. Demand for change of place of trial, No. 863. Demand for surrender of premises, No. 1510. DEMURRER. Demurrer for defect of parties plaintiff, No. 1517. Demurrer for misjoinder of causes of action, No. 1518. Demurrer for misjoinder of parties, No. 1519. Demurrer for uncertainty. No. 1520. Demurrer for want of jurisdiction, No. 1521, Demurrer — -General, No. 1516. Demurrer — Statute of limitations, No. 1522. Demurrer to answer for not stating defense, No. 1523. Notice of sustaining demurrer, No. 2782. DEPOSITIONS. Affidavit for order shortening time for examination of witness. No 1540. Affidavit to take deposition of witness out of state. No. 1545. Affidavit to take deposition of witness within state. No. 1537, Commission — Shorter form. No. 1548. Commission to take testimony, No. 1547. Deposition, No. 1543. Instructions to commissioners. No. 1549. Notice of motion for commission to examine witness out of state. No. 1544. Notice of taking depositions, No. 1536. Notice of taking deposition after time shortened. No. 1542. Order for commission to take testimony. No. 1546. Order shortening time for examination of witness. No. 1541. Stipulation to take deposition of witness, No. 1538. Stipulation to take deposition without notice or commission. No. 1539. DEVISE. See Wills. Devise of a sum to be applied in releasing poor prisoners, No. 3912. Devise or gift to Stanford University, San Mateo County, California, for the education of one poor scholar forever, No. 3908. Devise to an executor in consideration of friendship, etc. No. 3909. DISCHARGE. Of bankrupt, No. 719. DISORDEHLY HOUSE. Complaint — Keeping a disorderly house — .Tnstice's court. No. 993. DISSOLUTION. Dissolution of partnership. See Partnership. Dissolution of partnership to be indorsed in the original articles, No. 2883 DISTRIBUTION. Citation to administrator on application for partial distribution, No. 1564. Decree of distribution to foreign executor, No. 1574. Decree of final distribution, No. 1573. Decree of partial distribution, No. 1566. Notice of hearing of tbe first and final account of administratrix and petition for final distribution. No. 1572. Objections to partial distribution. No. 1565. Order appointing commissioners to make partition on distribution, No. 1576. Order directing notice of application for partition on final distribution to be given, No. 1575. Order requiring distributee to refund, No. 1568. Order to show cause on petition for distribution, No. 1570. Petition by heir for partial distribution — Another form, No. 1561. Petition by legatee for partial distribution. No. 1563. Petition for distribution. No. 1569. Petition for final distribution — Another form. No. 1571. Petiriun for order requiring distributee co refund. No. i567. Petition of assignee of heir at law for distribution of assignor's share to him, No. 1562. Petition of heir at law for partial distribution. No. 1560. DISTURBING THE PEACE. Complaint— Disturbing the peace — Justice's court. No. 989. DIVORCE. See Marriage. Affidavit of defendant on motion for alimony, No. 1581. Complaint for divorce — Desertion, No. 1577. Complaint for divorce — Habitual intoxication, No. 1578. Final decree of divorce. No. 1585. Findings in divorce, No. 1583. Interlocutory decree of divorce. No. 1584. Notice of motion for alimony — Costs and counsel fees, No. 1580. Order assigning homestead to innocent party, Nos. 2078, 2079. Order for alimony pendente lite, costs and counsel fees. No. 1582, Order for equal division of homestead on divorce. No. 2080. Order for sale of real estate and division of proceeds, No. 2081. Summons in divorce. No. 1579. 1344 Index. DOCKET OF JUSTICE OF THE PEACE. Certificate as to copy of docket entry — Justice's court, No. 1591. Certified copy of justice's docket on transfer to superior court, No. 1592. Docket of justice of the peace, No. 1590. Docket order allowing amendment to pleadings — Justice's court, No. 1593. DRAFTS. See Bills. Draft, No. 733. Protest of draft payable at sight, No. 3156. EJECTMENT. Answer in ejectment alleging title in stranger, No. 1604. Answer in ejectment — Denial that plaintiif has beeu damaged. No. 1605. Complaint in ejectment by tenants in common against strangers, No. 1603. Complaint in ejectment — Fee simple, No. 1600. Complaint in ejectment — Prior possession, No. 1601. Notice of pendency of action of ejectment, No. 1602. EMBEZZLE-ilENT. Complaint — Embezzlement by agent — Justice's court. No. &97. EMINENT DOMAIN. Complaint for condemnation of land by corporation^ No. 1617. Summons in eminent domain, No. 1616. ESTATES NOT EXCEEDING FIFTEEN HUNDRED DOLLARS. Order assigning estate of fifteen hundred dollars, No. 1630. Order to show cause why entire estate should not be set over to widow, No. 1629. Petition to set apart estate not exceeding fifteen hundred dollars in value, No. 1628. EXAMINATION. See Supplementary Proceedings. Examination and justification of sureties, No. 2295. Examination of bankrupt or witness, No. 697. EXECUTION. See Attachment; Execution Sales. "Bail" for stay of execution — Wyoming, No. 1676. Bond for stay of execution — Washington, No. 1677. Certificate of levy — Colorado, No. 1678. Debtor's claim of exemption, No. 1670. Execution — Instructions to officer to levy on real estate — Justice's court, No. 1661. Execution^ — Justice's court, No. 1645. Execution — Third party claim. No. 1666. Execution — Where judgment is a lien on realty. No. 1649. Index. ^^^^ EXECUTION (CoBtinued). Execution against administrator upon decree, for payment of debts,, No. 1651. Execution against debtor and surety— Wash lug ton, No. IbbU. Execution against homestead. See Homestead. Execution against property— Colorado, No. 1652. Execution against property— Hawaii, No. 1653. Execution against property— Oregon, No. 1654. Execution against property— Washington, No. 1655. Execution against the body— California, No. 1656. Execution against the body— Oregon, No. 1657. Execution against the body— Washington, No. 1658. Execution against plaintiff for cost^Justice's court-Kansas and Okla- homa, No. 1646. , Execution against principal or judgment debtor, and his surety, after ex- piration of stay— Oklahoma, No. 1659. Execution for costs— Justice's court, No. 1647. Execution for deficiency after sale on foreclosure of mortgage, No. 164.. Execution for deUvery of possession of real or personal property. No. 1650. Execution for delivery of property-Oregon, No. 900. Execution for fine and costs- Justice's court-Washington, No. 164S Execution on judgment for restitution. No. 1679. Instructions by judgment debtor to oflficer-Just,ce s court, No. 166.. Instructions to officer to garnish-Justice's court, No. 1663. Notice of levy on real property, No. 1675. Order of sale, No. 1644. Order recalling execution, No. 1664. Order to release levy. No. 1674. ^ . ^t ic^o Renewal of execution by indorsement— Justice's court. No. 1643. Return of execution-No property found— Justice's court, No. 1673. Return of execution satisfied. No. 1671. Return of execution satisfied-Another form. No. 1672. Undertaking by claimant, other than judgment debtor, for release of property, No. 1669. Undertaking to indemnify constabl^Washington, No. 1668. Undertaking to indemnify sheriff— Oregon, No. 1667. Writ of execution on money judgment. No. 1641. EXECUTION SALES. Acknowledgment by deputy sheriff, No. 1709. Certificate of redemption. No. 1712. Certificate of sale of real property on execution. No. 1707. Certificate of sale of personal property on execution, No 1708. Certificate of sale of corporate stock ordered by court to be sold. No. 1710. Complaint by purchaser at sheriff's sale, No. 1713. Deed fo purchaser in California, No. 1711. Form Book — 85 1346 Index. EXECUTION SALES (Continued). Notice of constable's sale, No. 1700. Notice of postponement of sale, No. 1702. Notice of sale — Montana and Utah, No. 1701. Notice of sale of personal property, and of postponement of sale, No. 1703. Notice of sheriff's sale of real property, No. 1699. Return of levy on and sale of personal property, No. 1706. Return of levy on and sale of real property, No. 1704. Return of sale of real estate, No. 1705. EXECUTORS AND ADMINISTRATORS. See Accounts of Executors and Administrators; Estates; Notice to Creditors; Probate Lease; Pro- bate Mortgage; Probate Homestead; Wills; Wills, Contest of; Wills, Probate of. Affidavit for removal of executors for mismanagement. No. 1811. Affidavit of posting notice of application for letters of administration, No. 1752. Affidavit that executor's bond is insufficient. No. 1788. Application of creditors for executor to recover property. No. 1850. Bond of adimnistrator, No. 1757. Bond of executor with more than two sureties, No. 1787. Bond of special administrator, No. 1740. Citation to administrator on application for partial distribution, No. 1564. Citation fo administrator on release of surety. No. 1797. Citation to administrator to show cause why he should not give further security. No. 1792. Citation to administrator to show cause why letters should not be re- voked. No. 1818. Clause in order for payment of debts that claim disputed or contingent not due be paid into court, No. 1830. Complaint against administrator or executor, Xo. 1849. Complaint against administrator with will annexed, No. 1852. Complaint by administrator, No. 1848. Complaint by executor for citation to person alleged to have concealed or embezzled property, No. 1812. Decree of final discharge, No. 1847. Executors acting one for the other, No. 1801. Executors and administrators — Special notice of probate proceedings, No. 2790. Executor's contract to pay debt of estate, No. 1803. Executor's or administrator's first account, No. 15. Letters of administration' — Statutory form— Nevada, No. 1759. Letters of administration — Statutory form— North Dakota, No. 1760. Letters of administration — Statutory form— Oklahoma and South Dakota, No. 1761. Letters of administration — Statutory form — Oregon, No. 1762. Letters of admiaistratioii — Statutory form — Utah, No. 1763. Letters of administration— Statutory form— Washington, No. 1764. Index. 1347 EXECUTOKS AND ADMTNTSTRATOES CContinuod). Letters of administration — Statutory form — Wyoming, No. 1765. Letters of administration with oath of administrator, No. 1758. Letters of administration with the will annexed, will not appointing ex- ecutor, No. 1778. Letters of administration with the will annexed, executor dying after qualifying, No. 1779. Letters of administration with will annexed — Statutory form — California, No. 1780. Letters of administration vnth. the will annexed — Statutory form — Nevada, No. 1781. Letters of administration with will annexed — ^Statutory form — Oklahoma and South Dakota, No. 1783. Letters of administration with will annexed — Statutory form — Utah, No. 1784. Letters of administration with will annexed — Statutory form — Washing- ton, No. 1785. Letters of a>dministration with the will annexed — Statutory form — Wyom- ing, No. 1786. Letters testamentary — Statutory form — Nevada, No. 1768. Letters of testamentary administration — Statutory form — North Dakota, No. 1782. Letters testamentary — ^Statutory form — North Dakota, No. 1770. Letters testamentary — Statutory form — Oregon, No. 1769. Letters testamentary — Statutory form — ^Oklahoma and South Dakota, No. 1771. Letters testamentary — Stat"utory form — Utah, No. 1772. Letters testamentary — Statutory form — Washington, No. 1773. Letters testamentary — Statutory form — Wyoming, No. 1774. Letters testamentary. No. 1767. Notice of application for letters of administration, No. 1751. Notice of hearing of petition to invest funds, No. 1833. Notice of suspension of executor, No. 1806. Objections to appointment of executor, No. 1766. Objections to petition for order directing administrator to convey land, No. 1838. Opposition to appointment of administrator. No. 1753. Opposition to appointment of administrator — Another form. No. 1754. Order accepting resignation of testamentary trustee, No. 1822. Order adjudging that person named in will as executor has right to letters. No. 1800. Order appointing administrator. No. 1755. Order appointing administrator with the will annexed when executor's right to appointment is forfeited, No. 1777. Order appointing as administrator guardian of person entitled to letters of administration^ No. 1756. Order appointing executor in place of executor removed because of con- tempt of court. No. 1854. Order appointing special administrator. No. 1745. 13-18 Index. EXECUTOES AND ADMINISTEATORS (Continued). Order appointing time for hearing petition for order directing con- veyance of land, No. 1837. Order appointing trustee under will, No. 1823. Order approving an administrator's agreement to compound with a debtor. No. 1846. Order approving of administrator's payment of debt without creditor's affidavit. No. 1826. Order confirming sale of contract to purchase land, No. 1835, Order denying petition for an order directing administrator to convey land, No. 1840. Order directing administrator to execute conveyance and surrender pos- session. No. 1842. Order directing administrator to recover property, No. 1851. Order directing citation to banker et al. in proceedings to recover un- claimed deposits. No. 1825. Order directing administrator to show cause why he should not be re- moved for omitting to cause after-discovered property to be ap- praised, No. 1815. Order directing execution of deed, No. 1841. Order directing executor to file statement, No. 1814. Order directing executor to invest moneys in bonds. No. 1834. tJrder directing executor to show cause why his letters should not be revoked for failure to return account of sale, No. 1808. Order directing notice of proceedings for removal of executor to be given by publication and mail. No. 1809. Order directing notice to suspend executor, No. 1805. Order directing publication notice of application for order directing executor to invest moneys of an estate, No. 1832. Order directing surviving partner to render an account. No. 1828. Order dismissing without prejudice petition for order to convey land, No. 1839. Order establishing the fact that one of two executors is absent from the state. No. 1802. Order for administrator to give further security, No. 1793. Order for citation on petition for release of surety, No. 1796. Order for the payment of debts of insolvent estate, No. 1829. Order reinstating suspended administrator. No. 1807. Order releasing surety. No. 1798. Order removing administrator after contest of his account. No. 1813. Order removing administrator for failure to give notice to creditors, No. 1810. Order revoking letters and issuing others to person having prior right. No. 1819. Order revoking letters for failure to file new bond, No. 1794. Order suspending executor. No. 1804. Order suspending the powers of administrator until it can be determined if he has wasted estate, No. 1816. Index. 1349 EXECUTORS AND ADMTNISTEATOES (Contiin>ea). Order that application for letters of administration and contest for letters will be heard together, No. 1853. Order that executor give bond where will requires none, No. 1799. Order to compromise debt, No. 1845. Petition and complaint asking for a citation to show cause why a bank should not pay a deposit to administrator or depositor, No. 1824. Petition for an order directing executor to convey land under a con- tract with deceased. No. 1836. Petition for an order directing executor to invest funds of an estate, No. 1831. Petition for appointment of special administrator, No. 1744. Petition for authority to compromise claim, No. 1844. Petition for continuation of administration. No. 1843. Petition for letters of administration. No. 1748. Petition for letters of administration — Another form, No. 1749. Petition for letters of administration with will annexed on death of ex- ecutor, No. 1776. Petition for letters of administration with the will annexed on renuncia- tion by executor, No. 1775. Petition for order directing surviving partner to render account. No. 1827. Petition for order requiring administrator to give new bond, No. 1789. Petition for order requiring administrator to give new bond — Another form. No. 1790. Petition of surety to be released from bond of administrator, No. 1795. Petition to require administrator who is wasting estate to give further security. No. 1791. Petition to revoke letters of administration and to grant them to a per- son claiming under prior right. No. 1817. Petition to revoke letters testamentary and appoint petitioner where executor has removed from state, No. 1820. Petition to revoke letters testamentary and appoint petitioner where executor is nonresident and was when appointed, No, 1821, E-equest for appointment of administrator, No. 1750. Special letters of administration. No. 1747. EXEMPTION. Debtor's claim of exemption. No. 1670. EXTRADITION. Requisition upon another governor or foreign government, No. 1858. "Warrant of arrest on extradition, No. 185&. 1350 Index. FALSE IMPRISONMENT. Complaint for damages for false imprisonment, No. 1862. FALSE PRETENSES. Complaint — Obtaining money, personal property, or labor by false pre- tenses — Justice's court, No. 998. Complaint — Obtaining goods or money by false pretenses— Justice's court. No. 1043^ FALSE REPRESENTATIONS. Comijlaint for damages for misrepresentations as to mining property, No. 1863. Complaint for fraudulent representations in procuring credit, No. 1864. FAMILY ALLOWANCE. Order for family allowance and setting apart personal property, No. 1876. Order for support of family until inventory returned. No. 1874. Petition for order setting apart personalty and for family allowance, No. 1875. Petition for provision for support of family pending return of inventory, No. 1873. FELONY. Information for compounding a felony, No. 2117. FICTITIOUS INSTRUMENT. Complaint — Making or passing fictitious instrument — Justice's court, No. 1045. FICTITIOUS NAMES. Certificate of change of individual doing business under a fictitious name. No. 1880. Certificate of copartnership transacting business under fictitious name, No. 1882. Certificate of person transacting business under fictitious name, No. 188L FIDELITY BOND. Fidelity bond, Nos. 771, 772. FINDINGS. Decision of court, No, 1887. FIREARMS. Complaint — Discharging firearms within city limits — Justice's court, No. 1014. FIRE ORDINANCE. Complaint — Violation of fire ordinance — Justice's court, No. 1024. Index. 1351 FOECIBLE ENTRY. See Unlawful Detainer. FORCIBLE ENTRY AND DETAINER. See Unlawful Detainer. Affidavit to complaint for forcible entry and detainer — New Mexico, No. 1904. Answer to complaint in forcible entry, No. 1908, Complaint for forcible detainer, No. 1900. Complaint for forcible entry, No. 1898. Complaint for forcible entry and detainer, No. 1899. Complaint for forcible entry and detainer — New Mexico, ITo. 1903. Summons in forcible entry and detainer, No. 1905. Summons in forcible entry and detainer — Nevada, No. 1906. Summons in forcible entry and detainpr — New Mexico, No. 1907. FORECLOSURE OF MECHANIC'S LIEN. Complaint to foreclose mechanic's lien. No. 1929. Complaint to foreclose mechanic's lien — Short form. No. 1930. Notice of sale on foreclosure of lien. No. 1932. Order of sale on foreclosure of mechanic's lien, No. 1931. FORECLOSURE OF MORTGAGES, Affidavit of redemptioner. No. 1954. Certificate of redemption from foreclosure, No. 1961. Certificate of sale on foreclosure, by commissioner or sheriff. No. 1960. Commissioner's deed on foreclosure. No. 1963. Complaint to foreclose chattel mortgage, No. 1956. Complaint to foreclose mortgage on land, No. 1953. Decree of foreclosure of mortgage, No. 1957. Notice of foreclosure, by advertisement — North Dakota, No. 1964. Notice of pendency of action to foreclose mortgage. No. 1955. Notice of sheriff's sale on foreclosure of mortgage, No. 1959. Order of sale on foreclosure of mortgage. No. 1958. Sheriff's deed on foreclosure. No. 1962. FOREIGN WILL. Order appointing time for hearing petition for probate of foreign will, No. 3985. FORGEHY. Complaint — Forgery — Justice's court, No. 1036. Indictment for forgery of bill of sale. No. 2113. Indictment for forgery of instrument in foreign language, No. 2114. FRAUD. See Statute of. 1352 Index. GAMBLING. Complaint — Gaming — In general — Justice's court, No. 992. GAMBLING-HOUSE. Complaint — Visiting gambling-liouse — Justice's court, No. 1032. Complaint — Visiting a gambling-house — Justice's court, No. 1030. Complaint — Having possession of gambling tools — Justice's court, No. 1017. GARNISHMENT. See Attachment, Garnishment summons — Colorado, No. 603. Garnishment summons — Justice of the peace — Washiugton, No. 606. Garnishment summons — Justice's court — North Dakota, No. 60i. Garnishment summons — North Dakota, No. 605. Writ of garnishment — Justice of the peace — Washington, No. 609. Writ of garnishment — Superior Court — Washington, No. 608. GOODS SOLD. Complaint for goods sold, No. 1987, Complaint on account for goods sold, No. 1986. GRAND LARCENY. Complaint — Grand larceny. No. 1046. GRANT, See Deeds. Grant deed — South Dakota, No. 1455. Grant of additional term, No. 2443. Grant of franchise hj state to be a corporation — Oklahoma, No. 1320. GUARANTY. Contract guaranteeing payment of rent, No. 1995. GUARDIAN AD LITEM. See Guardianship. GUARDIAN'S SALES. See Guardianship. GUARDIANSHIP. AflSdavit that guardian refuses to properly support ward, No. 2013. AflSdavit that infant is imperiled with request that guardian be ap- pointed, No. 2000. Application for appointment as guardian ad litem, No. 2011, Bond of guardian on qualifying. No. 2008. Bond of guardian on sale of real estate. No. 2020. Complaint by infant, suing by general guardian, No. 2024. Complaint by infant, suing by guardian ad litem. No. 2025. Condition of guardian's bond — Washington, No. 2009. Consent of all persons to sale by guardian. No. 2018. Index. 1353 GUARDIANSHIP (Continued). Deed of guardian^ No. 1440. Inventory and appraisement of estate of ward, No. 2014. Letters of guardianship, No. 2010. Nomination of guardian by minor, No. 2002. Order appointing day for hearing application for letters of guardianship of incompetent person, No. 2004. Order appointing guardian ad litem, No. 2012. Order appointing guardian of incompetent person, No. 2006. Order appointing guardian of insane person where first appointee failed to qualify, No. 2007. Order appointing guardian of minors, No. 2005. Order for allowance out of income of minor, No. 2032. Order for custody pending guardianship proceedings. No. 2001. Order granting to nonresident guardian leave to remove ward's prop- erty from state, No. 2023. Order of publication of order to show cause on guardian's application for order of sale of real estate. No. 2016. Order of sale of real estate by guardian, No. 2019. Order prescribing notice of application for appointment of guardian, No. 2003. Petition by guardian for order to mortgage real estate, No. 2021. Petition for allowance out of income of minor to defray expenses, No. 2031. Petition for appointment of guardian of incompetent person, No. 1099. Petition for appointment of guardian of minor, No. 1998. Petition of guardian for order of sale of real estate, No. 2015. Petition of guardian for order of sale of real estate in order to reinvest proceeds, No. 2017. Petition of guardian that he may assent to partition of land, No. 2022. Release to a guardian, No. 3253. Release to guardian, No. 2030. HABEAS CORPUS. Order for writ of habeas corpus to issue. No. 2042. Petition for writ — Habeas corpus, No. 2041. Return to be indorsed on or annexed to writ of habeas corpus, No. 2044. Undertaking when admitted to bail by habeas corpus, No. 2045. Writ of habeas corpus. No. 2043. HACK ORDINANCE. Complaint — Violation of hack ordinance — Disobedience of police direc- tions — Justice's court, No. 1025. Complaint — Violation of hack ordinance — Soliciting business — Justice's court, No. 1026. 1354 Index. HEALTH ORDINANCE. Complaint — Violation of health ordinance — Wrongful placing of vault — Justice's court, No. 1028. Complaint — Violation of health ordinance — Leaving stagnant water, etc., upon premises — Justice's court, No. 1027. HEIESIIIP— PEOCEEDINGS TO DETERMINE. Decree determining heirship of intestate, No. 2059. Decree establishing heirship of testate, No. 2060. Order and citation on the petition to determine heirship, No. 2057. Order establishing service of notice on petition to determine heirship, No. 2058. Petition for determination of heirship, No. 2056. HOMESTEAD. See Probate Homestead. Abandonment of homestead, No. 2077. Application for appraisers on execution against homestead, No. 2082. Application of husband of insane wife to sell homestead, No. 2092. Declaration of homestead — By husband. No. 2071. Declaration of homestead by husband — Wife's separate property, No. 2074. Declaration of homestead by person not head of family, No. 2076. Declaration of homesl:ead by unmarried head of family, No. 2075. Declaration of homestead by wife. No. 2072. Declaration of homestead by wife on her separate property. No. 2073. Divorce — Order assigning homestead to the innocent party, No. 2078. Divorce — ^Order assigning homestead to the innocent party. No. 2079. Divorce — Order for equal division of homestead, No. 2080. Divorce — Order for sale of homestead and division of proceeds. No. 2081. Notice of time and place of hearing on application for appraisers of homestead. No. 2083. Same — Order appointing appraisers on execution against homestead, No. 2084. Same — Oath of appraisers on execution against homestead, No. 2085. Order directing division of homestead land. No. 2089. Same — Order setting apart homestead and permitting execution against surplus, No. 2090. Same — Order fixing compensation of appraisers on execution against homestead, No. 2091. Order directing homestead be sold, and surplus above five thousand dol- lars applied on execution, No. 20SS. Petition for decree vesting homestead in surviving wife, No. 2096. Report of appraisers favoring division of land. No. 2087. Report of appraisers opposing division of land, No. 2086. Index. 1355 ILL FAME. Complaint — Keeping house of ill fame — Justice's court, No. 1004. Complaint — Residing in a house of ill fame — Justice's court, No. 1005. Complaint — Visiting house of ill fame— Justice's court, No. 1031. INDEMNITY. Bond of counter-indemnity, No. 802. Bond of indemnity to surety — Another form, No. 783. INDICTMENT AND INFORMATION. Indictment, No. 2106. Indictment for assault with intent to kill — Oregon, No. 2119. Indictment for burglary, No. 2122. Indictment for carrying a concealed weapon, No. 2121. Indictment for compounding felony, No. 2117. Indictment for conducting tan game. No. 2115. Indictment for forgery of bill of sale, No. 2113. Indictment for forgery of instrument in foreign lang\ia£re. No. 2114. Indictment for murder with instrument unknown, No, 2112. Indictment for removing body, No. 2116. Indictment for robbery, No. 2109. Information, No. 2107. Information for bribery, No. 2108. Information for assault with a deadly weapon, No. 2120. Information for conspiracy, No. 2118. Information for murder and shooting, No. 2110. Information for threatened offense. No. 2350. INDORSEMENT. Indorsement of order of arrest — Justice's court. No. 442. Indorsement of service of warrant, No. 3851. Indorsement of service on warrant of arrest. No. 468. Indorsement on venire — Justice's court, No. 3783. Indorsement on warrant of arrest for service in another county. No. 465. INFANCY. Infancy of defendant — Answer, No. 326. Infancy of plaintiff — Answer, No. 325. INFORMATION. See Indictment and Information. Complaint or information that public offense has been committed. No. 982. INHERITANCE TAX. Affidavit for transfer of securities, deposits, etc.. No. 2130. Certificate of inheritance tax appraiser. No. 2132. Report of inheritance tax appraiser, No. 2131. 1356 Index. INJUNCTION. Bond an injunction, No. 2142. Complaint for an injunction, No. 2138. Complaint for injunction to restrain defendants from flowing water on plaintiff's land. No. 2139. Injunction from interfering with interstate commerce, No. 2144. Injunction to restrain disposition of property of partnership. No. 2145. Injunction, No. 2140. Permanent injunction to restrain interference with watercourse, No. 2143. Restraining order. No. 2146. Writ of injunction, No. 2141. INNKEEPERS. Notice — Regulations for innkeepers. No. 2150. INQUISITION. Inquisition by coroner's jury, No, 1277. INSPECTION OF PAPERS. Inspection, request for — Justice's court, No. 2156. Order for inspection. No. 2157. INSTRUCTIONS. Instructions by judgment debtor to officer— Justice's court, No. 1662. Instructions to commissioners, No. 1549. Instructions to officer, No. 585. Instructions to officer to garnish — Justice's court, No. 1663. Instructions to sheriff to release, No. 621. INSURANCE. Complaint on endowment policy. No. 2169. Complaint on fire insurance policy, No. 2170. Complaint on fire insurance policy by transferee of property, No. 2175. Complaint on insurance policy for cargo lost by fire, No. 2174. Complaint on life insurance policy. No. 2172. Complaint on life insurance policy by wife, partner or creditor. No. 2173. INTERLOCUTORY DECREE. Interlocutory decree of divorce, No. 1584. INTERROGATORIES. Garnishment — Interrogatories, answer and oath, No. 614. Interrogatories as to special issues submitted, No. 3810. Index. 1357 INTEEVENTIOTT. Complaint in intervention, No. 2185. Order allowing intervention, No. 2186. INTOXICATING LIQUORS. Selling intoxicating liquors to common drunkards or to Indians — ^Jus- tice's court, No. 1000. INVENTORY AND APPRAISEMENT. Affidavit of administrator to inventory and appraisement. No. 2197. Affidavit of appraisers to inventory and appraisement, No. 2198. Affidavit of appraisers to their bill for services, No. 2200. Appraisement of real estate after sale, No. 2202. Inventory and appraisement, No. 2196. Inventory and appraisement — Bill of appraisers. No. 2199. Inventory and appraisement — Money only, No. 2201. Inventory and appraisement of property discovered after first inventory. No. 2203. Inventory to be attached to or written on back of search-warrant, and affidavit, No. 3334. Inventory to be made by assignor for benefit of creditors, No. 545. Supplemental inventory and appraisement, No. 2204. JUDGMENTS AND DECREES. See Confession of Judgment; Decree; Order. Abstract of judgment and certificate — Justice's court, No. 2256. Answer alleging fraud in obtaining judgment. No. 2253. Answer denying assignment of judgment. No. 2252. Certificate of conviction — Justice's court — "Washington, No. 2233. Certificate that copy of judgment is correct. No. 2227. Certificate to copy of judgment of imprisonment — Justice's court. No. 2229. Clerk's certificate to copy of judgment, No. 2223. Clerk's certificate to copy of judgment, and as to papers constituting judgment-roll, No. 2224. Complaint on foreign judgment. No. 2251. Complaint on foreign judgment. No. 2255. Complaint on judgment. No. 2257. Decree directing conveyance of trust property. No. 2246. Judgment, No. 2245. Judgment after trial — Justice's court — Oregon, No. 2249. Judgment against defendant (fiduciary capacity) — Justice's court, No. 2241. Judgment by court. No. 2219. Judgment by default by clerk. No. 2220. Judgment by default by court. No. 2221. Judgment by justice of the peace when defendant is subject to arrest, No. 448. 1358 Index, JUDGMENTS AND DECREES (Continued). Judgment confession of, No. 1093. Judgment, conviction for contempt in presence of the court, No. 1127, Judgment, conviction of contempt in view of judge, No. 1126. Judgment, damages in lieu of return of property. No. 899. Judgment, default, by court, No. 1505. Judgment, entry of confession of, No. 1094. Judgment for contempt — Justice's court — Washington, No, 1133. Judgment for damages in lieu of return — Justice's court, No. 2238. Judgment for defendant — Justice's court. No. 2239. Judgment for defendant on counterclaim — Justice's court, No. 2240, Judgment for plaintiff — Money deniand — .Justice's court. No. 2234. Judgment for possession of personal property — Justice's court. No. 2235. Judgment for possession personal property and damages. No. 896. Judgment for return of personal property — Justice's court, No. 2237. Judgment for return of property to defendant, No. 898. Judgment for value of personal property. No. 897, Judgment for value of personal property — Justice's court. No. 2236. Judgment for want of answer — Justice's court — Oregon, No. 2248. Judgment in action to annul contract of municipality for waterworks, No. 2247, Judgment of conviction (of imprisonment and that defendant pay costs), after trial by court — ^Justice's court, No. 2230, Judgment of dismissal with record of compromise. No. 2243. Judgment of fine after trial by court — Justice's court, No. 2231. Judgment of fine and imprisonment, No. 2226. Judgment of imprisonment. No, 2225, Judgment of imprisonment after trial by court — Justice's court, No. 2228. Judgment of imprisonment and fine after trial by court — ^Justice's court, No. 2232, Judgment of nonsuit upon opening statement of counsel, No, 2244. Judgment of restoration to competency, No, 3301. Judgment on verdict. No. 2222. Judgment on verdict — Justice's court — Criminal court, No, 2242. Judgment — Satisfaction of, No, 3258, Judgment where defendant is subject to ' arrest — Justice's court, No. 2250. Notice of entry of judgment, No. 2258. Notice of motion to vacate judgment and enter a different judgment, No. 2259, Order vacating judgment. No. 2260. Satisfaction of judgment, No. 3258. JUSTICE OF THE PEACE. See Justices' Courts. JUSTICES' COURTS. See Complaint; Decree; Judgment; Notice; Return; Subpoena; Summons; Undertaking; Verdict; Warrant. Abstract. Abstract of judgment, and certificate — ^Justice's court, No. 2256. Index. 1359 JUSTICE'S' COURTS (Continued). Affidavits. Affidavit for attachment — Justice's court — New Mexico, No. 567. Affidavit for change of place of trial on account of bias or prejudice of citizens — Justice's court, No. 866b. Affidavit for change of place of trial on ground of interest, preju- dice or bias — Justice's court, No. 866d. Affidavit of change of place of trial because of justice being a wit- ness — Justice's court, No. 866c. Alias Summons. Alias summons in action to foreclose liens on chattels or trespassing animals — Justice's court — North Dakota, No. 3554. Alias summons — Justice's court, No. 3544. Appeal. Appeal bond — Justice's court — Colorado, No. 367. Notice of appeal by defendant — Small claims court — Oregon, No. 374. Notice of appeal from justice's court to superior court. No. 359. Undertaking on appeal from judgment directing delivery of pos- session of real property — Justice's court. No. 363. Undertaking on appeal from judgment of imprisonment — Justice's court to superior court, No. 365. Undertaking on appeal from justice's court in criminal case — Wyo- ming, No. 368. Undertaking on appeal from money judgment — Justice's court to superior court, No. 361. Undertaking on appeal — Unlawful detainer — Justice's court to superior court. No. 366. Arrest and Bail in Civil Actions. Indorsement of order of arrest — Justice's court, No. 442. Notice to plaintiff of arrest — Justice's court, No. 445. Eeturn and certificate of service of summons, order of arrest, and notice to plaintiff — Justice's court, No. 446. Undertaking for arrest in justice's court — Oregon, No. 449. Undertaking for arrest in justice's court — Washington, No. 450. "Warrant" of arrest in justice's court — Washington, No. 452. "Writ" of arrest in justice's court — Oregon, No. 451. Arrest and Bail in Criminal Actions. Undertaking on admission to bail — Justice's court. No. 480. Undertaking on admission to bail — Justice's court — Alaska and Ore- gon, No. 481. Warrant of arrest — Justice's court, No. 469. Warrant of arrest — Justice's court — Washington, No. 470. attachment. Affidavit for attachment — Justice's court — New Mexico, No. 567. Bond for attachment — Justice's court — New Mexico, No. 574. Bond on release of attachment — Justice's court — Nevada, No. 596. 1360 Index. JUSTICES' COURTS (Continued). Garnishment summons — JiiPtiee's court — North Dakota, No. 604. Garnishment summons — Justice of the peace — Washington, No. 606. Return of attachment or execution showing levy on credits, etc. — Justice's court. No. 616. Return on attachment of personalty — Justice's court, No. 615. Return on attachment, or execution showing levy on shares in cor- poration — Justice's court, No. 617. Undertaking on attachment — Justice's court. No. 569. Undertaking on release of attachment — Justice's court. No. 597. Writ of attachment' — Justice's court. No. 576. Writ of garnishment — Justice of the peace — Washington, No. 609. Bonds and Vndertalcings. Bond for attachment — Justice's court — New Mexico, No. 574. Bond for costs — Justice's court^Oklahoma. No. 1363. Bond on release of attachment — Justice's court — Nevada, No. 596. Certiiicates. Certificate as to copy of docket entry — Justice's court, No. 1591. Certificate of conviction — Justice's court — Washington, No. 2233. Certificate of county clerk that person issuing writ of attachment is a justice of the peace, No, 856. Change of Place of Trial. Affidavit for change of place of trial because of justice being a wit- ness — Justice's court, No. 866c. Affidavit for change of place of trial on account of bias or prejudice of citizens — Justice's court, No, 866b. Affidavit for change of place of ttial on ground of interest preju- dice or bias — Justice's court. No. 866d. Order transferring cause — Justice's court, No. 866h. Commitment. Commitment on order holding to answer — Justice's court, No. 923. Commitment to answer — Justice's court — Oregon, No, 929. Commitment where justice, on the trial, finds that he has no juris- diction — Justice's court — Washington, No. 930. Complaints — Civil. Complaint and notice — Justice's court — Washington, No. 3549. Complaints — Criminal. Complaint — Allowing rubbish to accumulate on street — Justice's court. No. 1011. Complaint — Assault by means and force likely to protluce great bodily injury — Justice's court. No. 1049. Complaint — Assault with a deadly weapon — Justice's court, No. 1048. Complaint — Assault with intent to commit murder — Justice's court. No. 1050. Complaint — Assault with attempt to commit robbery — Justice's court. No. 1051. Index. 1361 JUSTICES' COURTS (Continued). Complaint— Attempt to commit burglary— Justice's court, No. 1047. Complaint— Battery— Justice's court, No. 985. Complaint— "Cubic-air" law— Letting a room in violation of— Jus- tice's court, No. 1002. Complaint— "Cubic-air" law^Using a room in violation of— Justice's court. No. 1003. Complaint— Common drunkard— Justice's court, No. 986. Complaint— Depositing rubbish in street— Justice's court. No. 1013. Complaint— Discharging firearms within city limits— Justice's court, No. 1014. Complaint— Disturbing the peace— Justice's court. No. 989. Complaint— Doing business without a license-— Justice's court. No. 990. Complaint— Drawing and exhibiting a deadly weapon— Justice's court, No. 991. Complaint— Employing a minor in exhibition— Justice's court, No. 1015. Complaint— Forgery— Justice's court, No. 1036. Complaint— Gaming— In general— Justice's court, No. 992. Complaint — Grand larceny, No. 1046. Complaint- Having a lottery ticket in possession— Justice's court, No. 1016. Complaint— Having possession cf gambling tools— Justice court, No. 1017. Complaint— Keeping a disorderly housfr— Justice's court. No. 993. Complaint— Keeping a minor in a house of prostitution— Justice's court, No, 1018. Complaint— Keeping house of ill-fame— Justice's court. No. 1004. Complaint— Keeping opium resort— Justice's court, No. lOOG. Complaint-Keeping office open for sale of lottery tickets- Justice's court. No. 1008. Complaint— Maintaining a public nuisance— Justice's court. No. 994. Complaint— Maintaining lottery— Justice's court. No. 1009. Complaint— Making or passing fictitious instrument— Justice's court, No. 1045. Complaint— Malicious mischief— Justice's court. No. 995. Complaint— Misdemeanor embezzlement by agent— Justice's court. No. 996. Complaint— Obstructing a railroad— Justice's court, No. 1019. C-omplaint— Obstructing a sidewalk— Justice's court, No. 1020. Complaint— Obstructing a street— Justice's court, No. 1021. Complaint— Obtaining goods or money by false pretenses— Justice's court, No. 1043. Complaint— Obtaining money, personal property or labor by false pretenses — Justice's court. No. 998. Complaint— Omitting to provide for minor child— Justice's court, No. 1044. Form Book — 86 1362 Index. JUSTICES' COURTS (Continued). Complaint — Peddling without a license — Justice's court, No. 1022. Complaint — Petit larceny — Justice's court, No. 999. Complaint — Receiving stolen goods, No. 1038. Complaint — Receiving stolen property — Justice's court, No. 1041. Complaint — Refusing to "move on and disperse" — Justice's court, No. 1023. Complaint — Residing in a house of ill-fame — Justice's court. No. 1005. Complaint — Selling lottery tickets — Justice's court, No. 1010. Complaint — Simple assault — Justice's court, No. 1001. Complaint — Vagrancy — Jus.tice's court, No. 987. Complaint — Violation of fire ordinance — Justice's court, No. 1024. Complaint — Violation of hack ordinance — Disobedience of police directions — Justice's court, No. 1025. Complaint — Violation of hack ordinance — Soliciting business — Jus- tice's court. No. 1026. Complaint — Violation of health ordinance — Leaving stagnant water, etc. upon premises — Justice's court, No. 1027. Complaint — Violation of health ordinance — "Wrongful placing of vault — Justice's court, No. 1028. Complaint — Violation of water ordinance — Justice's court. No. 1029. Complaint — Visiting a gambling-house — Justice's court. No. 1030. Complaint — Visiting a house of ill-fame — Justice's court. No. 1031. Complaint — Visiting gambling-house — Justice's court, No. 1032. Complaint — Visiting place where opium is used — Justice's court. No. 1007. Complaint — Vulgar language — Justice's court. No. 1033. Complaint — Uttering fictitious check, etc. — Justice's court. No. 1040. Complaint for crime — Justice's court. No. 983. Complaint for crime — Justice's court — North Dakota, No. 984. Complaint for cruelty to animals — ^Justice's court, No. 988. Selling intoxicating liquors to common drunkards or to Indians — Justice's court, No. 1000. Contempt. Warrant for contempt — Justice's court — Washington, No. 1132. Continuance. Undertaking on adjournment for more than ten days — Justice's court, No. 1156. Execution. Execution — Justice's court, No. 1645. Garnishment. Garnishment summons — ^Justice of the peace — ^Washington, No. 606. Garnishment summons — Justice's court — North Dakota, No. 604. Writ of garnishment — Justice of the peace — Washington, No. 609. Indorsement. Indorsement of order of arrest — Justice's court, No. 443. Indorsement of venire — Justice's court. No. 3783. Index. 1363 JUSTICES' COUETS (Continued). Inspection of Papers. Inspection, request for — Justice's court, No. 2156. Instmctioms. Instructions by judgment debtor to officer — Justice's court, No. 1662. Instructions to officer to garnish — Justice's court. No. 1663, Judgments and Decrees. Certificate of con^-iction — ^Justice's court — "Washington, No. 2233. Certificate to copy of judgment of imprisonment — Justice's court, No. 2229. Judgment after trial — Justice's court — Oregon, No. 2249. Judgment against defendant (fiduciary capacity) — Justice's court, No. 2241, Judgment by justice of the peace when defendant is subject to arrest, No, 448. Judgment for damages in lieu of return — Justice's court. No, 2238, Judgment for defendant — Justice's court, No, 2239. Judgment for defendant on counterclaim — Justice's court. No, 2240, Judgment for plaintiff — Money demand — Justice's court. No. 2234. Judgment for possession of personal property — -Justice's court. No. 2235. Judgment for possession of personal property and damages. No. 896. Judgment for return of personal property — Justice's court. No. 2237. Judgment for value of personal property — Justice's court, No. 2236. Judgment for want of answer — Justice's court — Oregon, No. 2248. Judgment of conviction (of imprisonment and that defendant pay costs), after trial by court — Justice's court, No. 2230. Judgment of fine after trial by eourt^ — Justice's court, No. 2231. Judgment of imprisonment after trial by court — Justice's court, No. 2228. Judgment of imprisonment and fine after trial by court — Justice's court, No. 2232. Judgment on verdict — Justice's court — ^Criminal court. No. 2242. Judgment where defendant is subject to arrest — Justice's court, No. 2250. Notices. Notice of appeal from justice's court to superior court. No. 359, Notice of hearing — Justice's court, No. 2784. Notice of justification of sureties — Justice's court. No, 2294, Notice of setting transferred case for trial — Justice's court. No, 2786. Notice that case is set for trial — Justice's court. No, 2785, Notice that defendant excepts to sufficiency of sureties on attacli- ment or appeal bond — Justice's court, No. 2291. Notice to defendant that his sureties must justify — Justice's court, No. 2292. Notice to plaintiff of arrest — Justice's court, No. 445. 1364 Index. JUSTICES' COURTS (Continued). Orders. Order of substitution — Justice's court, No. 3503. Order transferring cause — Justice's court, No. 866h. £eturn. Return, and certificate of service by officer — Justice's court, No. 3551. Return and certificate of service of summons, order of arrest, and notice to plaintiff — Justice's court, No. 446. Return of service of notice of setting case for trial or hearing of demurrer — Justice's court, No. 2787. Return on attachment of personalty — ^Justice's court, No. 615. SuistiUbtion of parties. Conditional order of substitution of party — Justice's court. No. 3502. Notice to plaintiff of application for substitution of party defend- ant — Justice's court, No. 3501. Order of substitution — Justice's court, No. 3503. Summons. Alias summons in action to foreclose liens on chattels or trespassing animals — Justice's court — North Dakota, No. 3554. Alias summons — Justice's court. No. 3544. Certificate to be attached to summons to be served out of the county — Justice's court, No. 3553. Complaint and notice — Justice's court — Washington, No. 3549. Return and certificate of service, by officer — Justice's court, No. 3551. Summons — Alaska — Justice of the peace. No. 3584. Summons — Justice's court. No. 3543. Summons — Justice's court — Colorado, No. 3545. Summons — Justice's court — Oregon, No. 3546. Summons — Justice's court — Utah, No. 3547. Summons — Justice's court — Washington, No. 3548. Summons out of municipal court — Utah, No. 3542. Summons to corporation for violation of city ordinance — Justice's court— Utah, No. 3582. Summons to corporation — Justice's court, No. 3581. • Trial. Trial — Notice of — Justice's court. No. 2785. Undertakings. Undertaking for arrest in justice's court — Oregon, No. 449. Undertaking for arrest in justice's court — Washington, No. 450. ; Undertaking for costs on appeal — Justice's court to superior court, No. 360. Undertaking on adjournment for more than ten days — Justice's court, No. 1156. Undertaking on admission to bail — Justice's court, No. 480. Undertaking on admission to bail — Justice's court — Alaska and Ore- gon, No. 481. Index, 13G5 JUSTICES' COURTS (Continued). Undertaking on appeal from judgment directing delivery of posses- sion of real property— Justice's court to superior court, No. 36:1. Undertaking on appeal from judgment for recovery of, or to fore- close a lien on, specific personal property— Justice's court to superior court. No. 362. Undertaking on appeal from judgment of fine and imprisonment- Justice's court to superior court, No. 364. Undertaking on appeal from judgment of imprisonment —Justice's court to superior court, No. 365. Undertaking on appeal from justice's court in criminal case— W/oa ming, No. 368. Undertaking on appeal from money judgment — Justice's court to superior court, No. 361. Undertaking on appeal— Unlawful detainer— Justice's court to superior court. No. 366. Undertaking on attachment — Justice's court, No. 569. Undertaking on release of attachment — Justice's court, No. 597. Venire. Indorsement on venire — Justice's court, No. 3783. Venire — Justice's court, No. 3782. Warrant. Warrant of arrest — Justice's court, No. 469. Warrant of arrest — Justice's court, No. 3852. Warrant of arrest — Justice's court — Washington, No. 470. Writs. "Writ" of arrest in justice's court- Oregon, No. 451. JUSTIFICATION OF SURETIES. Affidavit of sureties on bail bond, in San Francisco, No. 2288. Affidavit of sureties on official bond, No. 2289. Examination and justification of sureties, No. 2295. Justification of sureties in civil cases, No. 2285. Justification of sureties in criminal cases, No. 2287. Justification of sureties on official bond— Hawaii, No. 823. Justification of sureties on state or county bonds, No. 811. Justification of sureties on undertaking or bond where more than two sureties, No. 2286. Notice of exception to sufficiency of sureties on undertaking on claim and delivery, No. 2290. Notice of justification of sureties, No. 2293. Notice that defendant excepts to sufficiency of sureties on attachment or appeal bond — Justice's court, No. 2291. Notice to defendant that his sureties must justify— Justice's court, No. 2292. 1366 Index, juvenile coubt law. Affidavit of posting notice of hearing^ No. 2311. Bench warrant, No. 2305. Certification to juvenile court, No. 2303. Citation, No. 2307. Commitment to private institution, No. 2316. Commitment to probation officer, No. 2314. Commitment to reputable person. No. 2315. Commitment to state school. No. 2317. Contributory complaint. No. 2302. Decree, No. 2313. Idaho— Clerk's certificate to be attached to commitment, No. 2319. Idaho — Commitment to industrial training school, No. 2318. Notice of hearing petition, No. 2310. Petition, No. 2300. Petition under section 1, subdivision 13, Juvenile Court Law, 1915, No. 230L Subpoena, No. 2312. Utah — Notice of hearing as to delinquent, No. 2320. Waiver of service of citation. No. 2308. Waiver of service of citation and consent to adjudication as ward of the juvenile court. No. 2309. Warrant, No. 2304. Warrant for arrest of person having control of delinquent or dependent child, No. 2306. KEEPING THE PEACE. Commitment to keep the peace — Oregon, No. 2353. Information for threatened offense. No. 2350. Undertaking, or peace bond, No. 2352. Warrant of arrest for threatened offense — Washington, No. 2351. LABOR. See Liens; Mining. LABORERS' CLAIMS. Notice to assignee of preferred claim for labor done. No. 2366. Notice to claimant that claim is disputed. No. 2371. Notice to creditor or defendant of laborer's claim, No. 2368. Notice to officer of laborer's claim. No. 2367. Notice to officer that laborer's claim is disputed by creditor, No. 2369. Notice to officer that laborer's claim is disputed by defendant, No. 2370. Verified statement of laborer's claim, No. 2364. Verified statement denying claim for labor, No. 2365. LANDLORD AND TENANT. Acknowledgment of tenancy, No. 2377. Notice of change of terms of lease. No. 2380. Index. 1367 LANDLORD AND TENANT (Continurd). Notice of interest by one in possession, No. 2381. Notice of quitting premises by tenant, No. 2378. Notice of termination of tenancy at will, No. 2382. Notice terminating tenancy, Xo. 2386. Notice to deliver possession at end of term, No. 2385. Notice to pay rent or surrender possession. No. 2383. Notice to perform covenants of lease. No. 2384. Notice to quit by landlord, No. 2379. LEASES. Chattel mortgage to secure performance of lease, No. 2719. Common form of lease, No. 2400. Complaint for breach of covenant of quiet enjoyment, No. 2448. Complaint for hire of furniture. No. 2449. Complaint for rent of land — Justice's court. No. 2450. Complaint on promise to pay in consideration of surrender of lease, No. 2447. Contract by landlord, No. 2454. Contract by tenant, No. 2455. Contract of surety for payment of rent, No. 2446. Covenant as to holding over. No. 2414. Covenant excepting leasehold in case of execution or bankruptcy, No. 2452. Covenant excepting right of way, No. 2415. Covenant excepting timber, etc., on premises, No. 2416. Covenant excepting ■waterway, No. 2417. Covenant for quiet enjoyment. No. 2433. Covenant not to assign, underlet, alter or improve without license from lessor. No. 2420. Covenant not to carry on noxious or offensive trade, nor permit it to be done, No. 2422. Covenant not to lop trees, etc.. No. 2421. Covenant that landlord may enter to inspect premises, etc.. No. 2424. Covenant that landlord may enter to make inventory, etc., No. 2425. Covenant that lessee may deduct taxes and charges of repairs out of rent. No. 2418. Covenant that lessee may quit. No. 2434. Covenant to deliver possession, No. 2426. Covenant to erect brick building, No. 2427. Covenant to expend a stated sum, in a given time, for repairs, No. 2423. Covenant to occupy premises, No. 2429. Covenant to insure. No. 2428. Covenant to pay rent, No. 2411. Covenant to pay taxes. No. 2412. Covenant to renew lease, No. 2419. Covenant to repair. No. 2413. Covenant to repair, after notice, No. 2430. Covenant to repair, lessor finding materials, No. 2431. Covenant to restore personal property. No. 2432. 1368 Index. LEASES (Continuea;. Covenant to sell inheritance to lessee upon request, No. 2435. Farm lease on shares, No. 2402. Grant of additional term. No. 2443. Lease, by state to individual, of mineral land — Washington, No. 2408. Lease for time certain, with privilege of extension terminable on notice, No. 2401a. Lease of furniture. No. 2444. Lease of goods, No. 2445. Lease of mining claim, No. 2409. Lease of oil land, No. 2410. Lease with covenants as to underletting, waste and repairs, No. 2401. Lease, with covenant by lessee to build, No. 2403. Lease with covenant by lessor to build, No. 2404. Lease with provision for holding over, No. 2405. Notice to perform covenants of lease, No. 2453. Proviso for lease to be void upon death of lessee, No. 2436. Proviso that either party may determine lease on giving prescribed notice, No. 2437. Proviso that landlord may re-enter upon nonpayment of rent or assignment of lease without license. No. 2438. Proviso that lease may be determined at option of lessor, No. 2439. Proviso that lessee may determine lease, and how. No. 2440. Proviso that lessor may enter for nonpayment of rent, or commission of waste, etc.. No. 2442. Proviso that lessee may purchase premises, No. 2441. Short form of lease. No. 2406. Surrender of lease, No. 2407. LEGACY. Legatee's bond. No. 776. Legacies, pecuniary. No. 3911. Release by a legatee upon his coming of age, No. 3255. Release of legacy. No. 3254. LETTERS. Letter of attorney in fact when creditor is not represented by attorney at law, No. 080. Letters of administration — Nevada — Statutory form, No. 1759. Letters of administration — North Dakota — Statutory form. No. 1760. Letters of administration — Oklahoma and South Dakota — Statutory form. No. 1761. Letters of administration — Oregon — Statutory form. No. 1762. Letters of administration — Utah — Statutory form. No. 1763. Letters of administration — Washington — Statutory form. No. 1764. Letters of administration — Wyoming — Statutory form. No. 1765. Letters of administration with oath of administrator, No. 1758. Letters of administration with the will annexed, executor dying after qualifying. No. 1779. Index. 13 G9 LETTETtS (Continued). Letters of administration with tlie will annexed, will not appointing executor, No. 1778. Letters of administration with the will annexed — Nevada — Statutory form, No. 1781. Letters of administration with will annexed — Oklahoma and South Dakota— Statutory form, No. 1783. Letters of administration with the will annexed — Wyoming — Statutory form, No. 1786. Letters of attorney in fact. No. 681. Letters of guardianship. No. 2010. Letters of testamentary administration — North Dakota — Statutory form, No. 1782. Letters testamentary, No. 1767. Letters testamentary — Nevada — Statutory form, No. 1768. Letters testamentary — ^Statutory form — North Dakota, No. 1770. Letters testamentary — Statutory form — Oklahoma and South Dakota, No. 1771. Letters testamentary — Statutory form — Oregon, No. 1769. Letters testamentary — Statutory form — Utah, No. 1772. Letters testamentary — Statutory form — Washington, No. 177iJ. Letters testamentary — Statutory form — Wyoming, No. 1774. Letters testamentary with will annexed — Statutory form — California, No. 1780. LIBEL AND SLANDER. Answer — Justification of libel publication. No. 2487. Answer — Justification of libel publication and mitigating circumstances, No. 2486. Answer — ^Justification of truth of publication, No. 2485. Complaint for libel in charging crime — Words not libelous on their face, No. 2481. Complaint for libel charging plaintiff with violating trust as agent, No. 2480. Complaint for libel for words spoken in foreign language, No. 2484. Complaint for libel indirectly charging perjury. No. 2482. Complaint for libel — Words not being libelous in themselves, No. 2483. LICENSE. Complaint — Doing business without a license — Justice's court. No. 990. License — Exclusive territorial grant by an assignee, No. 2936. License — Not exclusive with royalty, No. 2938. License— Shop right. No. 2937. License to use wall of adjoining building, No. 2901. LTETNS. See Foreclosure of Mechanic's Lien; Release. Affidavit for attachment when plaintiff has lien upon logs and timber for labor performed, No. 2512. 1370 Index. LIENS (Continued). Affidavit of owner to notice of completion, No. 2507, Affidavit on behalf of owner to notice of completion, No. 2508. Affidavit to claim for mechanic's lien — Washington, No. 2510. Affidavit to claim of lien — Fishing industry — ^Oregon, No. 2517. Affidavit to claim — Oregon, No. 2520. Answer alleging lien on goods as manufacturer, etc., No. 2522. Answer alleging lien upon goods for storage. No. 2523. Claim against bond given on contract for public work — Washington, No. 2511. Claim for mechanic's lien — Washington, No. 2509. Laborer's lien. See Lien. Notice of architect's claim of lien. No. 2503. Notice of claim of lien — Fishing industry — Oregon, No. 2516. Notice of claim of lien for propagating animals, No. 2514. Notice of claim of lien on railroad property — Oregon, No. 2521. Notice of claim of lien upon chattels, for labor, skill and materials ex- pended — Oregon, No. 2518. Notice of claim of lien upon chattels, for labor, skill and materials ex- pended^ — ^Washington, No. 2519. Notice of completion of work, No. 2506. Notice of contractor's claim of lien. No. 2498. Notice of laborer's claim of lien. No. 2502. Notice of lien of laborer to officer holding attachment, No. 2527. Notice of materialman's claim of lien, No. 2501. Notice of performance of labor for, or of furnishing materials to. con- tractor — "\,\'ithhold notice. No. 2505. Notice of public sale by bolder of lien for services rendered on chattel, No. 2525. Notice of sale of impounded animal to satify lien. No. 2524. Notice of sale of impounded property to satisfy lien. No. 2513. Notice of subcontractor's claim of lien. No. 2500. Notice that owner will not be responsible for improvements, No. 2504» Notice to assignee of lien of servant, etc., No. 2526. Eelease of lien on land by a judgment creditor. No. 3256. Verification of claim of lien. No. 2499. LIMITATIONS. See Statute of. LIS PENDENS. See Notices. Lis pendens — Action to quiet title. No. 3183. Lis pendens in partition. No. 2862. Lis pendens — McEnerney Act, No. 3299. LOCATION NOTICE. See Mining. LODE CLAIM. See Mining. Index. 1371 LOST INSTEUMENTS. Lost instruments — Complaint on lost note, No. 3142, LOST PROPE'BTY. Affidavit of finder of lost property, No. 2556. Appraisement of lost property, No. 2557. LOST WILL. See Wills, Probate of. Certificate of proof of lost will, Nos. 3970, 3987. LOTTERY TICKETS. Complaint — Having a lottery ticket in possession — Justice's court, No. 1016. Complaint — Keeping office open for sale of lottery tickets — Justice's court, No. 1008. Complaint — Maintaining lottery — Justice's court, No. 1009. Complaint — Selling lottery tickets — Justice's court, No. 1010. MALICIOUS MISCHIEF. Complaint — Malicious mischief — Justice's court. No. 995. MALICIOUS PROSECUTION. Antiwer justifying arrest on criminal process, No. 2583. Answer justifying arrest on suspicion, No. 2582. Complaint for malicious arrest, No. 2581. Complaint for malicious prosecution — Opening flume, No. 2580. MANDAMUS. Alternative writ of mandamus, No. 2589. Peremptory writ of mandamus. No. 2590. Petition for writ of mandamus, No, 2588. MARITIME PROTEST. Maritime protest extended before another notary. No. 3160. Maritime protest extended before same notary. No. 3158. Maritime protest for distress of weather — Notation of, No. 3157, MARRIAGE. See Divorce. Answer alleging marriage of defendant. No. 2603. Answer alleging marriage of defendant, No. 2004. Answer alleging marriage of plaintiff. No. 2602. Declaration of marriage where there is no record, No. 2601. Marriage ceremony, No. 2600. MASSACHUSETTS TRUSTS. Agreement and declaration of trust. No. 2610. Agreement and declaration of trust — Another form. No. 2611. 1372 Index. MATERIALMAN'S LIEN. Seo Lien. McENERNEY ACT. See Restoration of Titles. MECHANICS' LIENS. See Liens; Foreclosure of Liens. MEMORANDUM OF COSTS. Memorandum of costs, No. 1358. MINING. See Oil Lands. Affidavit of annual work and improvements, No. 2624. AflBdavit of five hundred dollars improvements, No. 2631. Affidavit of locators of lode claims — IdiiKo, No. 2623. Agreement of publisher. No. 2633. Application for patent, No. 2628. Application to United States surveyor-general for survey of mining claim, No. 2625. Bond for deed of mining property, No. 767. Certificate of identity of claim. No. 2627. Certificate on application for mining patent that no suit is pending, No. 2643. Deed of mining claim. No. 1441. Deed to incorporate mining company. No. 1442. Estimate of United States surveyor-general for ofiice work for mining claim. No. 2626. Lease of oil land, No. 2410. Mining claim, lease of. No. 2409. Nonmineral affidavit (to be used in case of a mill site). No. 2636. Notice of application for a patent for lode claim, No. 2G3S. Notice of application for a United States patent for mining claim, No. 2629. Notice of location of lode claim, No. 2622. Notice of location of oil claim. No. 2621. Notice of location of placer claim. No. 2620. Notice to co-owner of mine to contribute, No. 2645. Power of attorney to make application for entry of government land, No. 2634. Proof of labor. No. 2632. Proof of ownership and possession in case of loss or absence of min- ing records, No. 2635. Proof of posting notice and diagram on mining claim, No. 2630. Proof of publication on application for mining patent. No. 2639. Proof that no known veins exist in a placer mining claim. No. 2637. Proof that plat and notice remained posted on claim during time of publication. No. 2640. Protest and adverse claim on application for mining patent. No. 2644. Index. 1373 MINING (Continued). Register's certifieate of posting notice of application for mining pat- ent, No. 2642. Statement of fees and charges on application for mining patent, No. 2641. MINOR. Complaint — Employing a minor in exhibition — Justice's court, No. 1015. MONEY HAD AND RECEIVED. Complaint for money had and receired, No. 2666. Complaint for money had and received, No. 2667. MONEY LOANED. Complaint against borrower for money loaned, No. 2680. Complaint for money lent by plaintiff's testator, No. 2681. MONEY PAID. Complaint for money paid out, No. 2693. Complaint for money paid to third party, No. 2691. Complaint for repayment of money paid where judgment reversed, No. 2692. MORTGAGE. See Chattel Mortgage; Foreclosure of Mortgage; Probate Mortgage; Release and Satisfaction. Affidavit to chattel mortgage on behalf of corporation. No. 2716. Answer denying execution of mortgage by codefendant, No. 2724. Chattel mortgage — General form, No. 2715. Chattel mortgage — North Dakota, Oklahoma and South Dakota, No. 2721. Chattel mortgage— Statutory form — California, No. 2717. Chattel mortgage to secure performance of lease, No. 2719. Code mortgage, No. 2700. Complaint in an action to have a deed absolute declared a mortgage, and for an accounting of rents and profits, No. 2722. Complaint to cancel deed and correct mortgage, No. 2723. Crop mortgage, No. 2718. Mortgage, binding mortgagor to pay taxes and to insure proper*^y, No. 2707. Mortgage by a corporation. No. 2710. Mortgage by administrator. No. 3043. Mortgage — Deed with defeasance — Arizona, No. 2703. Mortgage for less than one hundred dollars — ^Washington, No. 2720. Mortgage — Grant with defeasance. No. 2709. Mortgage — Notice of intended sale under. No. 2788. Mortgage of real property — Colorado, No. 2725. Mortgage — Partial release, No. 3257. 1374 Index. MORTGAGE' (Continued). Mortgage — Utah, No. 2701. Mortgage — Satisfaction of, No. 3259. Mortgage — Short form — Wyoming, No. 2703. Mortgage (statutory) — Montana, No. 2726. Mortgage (statutory) — North Dakota, No. 2727. Mortgage (statutory) — South Dakota, No. 2728. Mortgage to secure money payable in installments, No. 2705. Mortgage to secure promissory note, No. 2704. Mortgage — Washington, No. 2702. Mortgage, with power of sale, etc.. No. 2706. Orrlrr authorizing mortgage to be given by church or society, No. 2714. Order flexing time and place of hearing petition to mortgage property of church or society, No. 2713. Petition for mortgage of propcity of church or society. No. 2711. Satisfaction of mortgage, No. 3259. Satisfaction of mortgage after foreclosure, No. 3260. Satisfaction of mortgage (statutory) — South Dakota, No. 3261. MOTION. See New Trial; Notices. Motion for change of place of trial. No. 862. Motion— Notice of. No. 2780. Motion to substitute parties — Notice of. No. 2783. MURDEH. And shooting — Information for. No. 2110. Indictment for murder with instrument unknown. No. 2112. Information for murder and shooting, No. 2110. MUTUAL RELEASE. Mutual release. No. 3252. NEGLIGENCE. Complaint against municipal corporation for damages arising through negligent control of water supply. No. 2741. Complaint against telegraph company for negligence in transmitting message. No. 2744. Complaint against water company for negligence in permitting water to escape. No. 2743. Complaint for damages for injuries received on an elevator. No. 2740. Complaint for negligence leaving pile of earth in highway, No. 2742. NEGOTIABLE INSTRUMENTS. See Bills; Bonds; Promissory Notes; Pro- test. Index. 1375 NEW TRIAL. See Motion. Affidavit in support of motion for new trial on ground of abuse of discretion by court, No. 2761. Notice of intention to move for new trial, No. 2760, NOMINATION. Nomination of guardian bj' minor, No. 2003. NONMINERAL AFFIDAVIT. Nonmineral affidavit (to be used in case of a mill site). No. 2G36. NONSUIT. Nonsuit, judgment of, upon opening statement ot counsel, Mo, 2244. NOTARY. See Acknowledgment. Notary's bond, No, 773. NOTES. See Bills; Pledge; Promissory Notes, Installment note secured by mortgage, No. 3135. NOTICES. Notice, See Notice to Creditors, Notice by assignee of assignment of debt, No. 505. Notice by clerk of filing transcript on appeal. No. 354. Notice by creditor of assignment of debt, No. 504. Notice by surety to his guarantors to defend action on a bond signed by surety and guarantor, No. 808. Notice of acceptance of substitution, No. 3481. Notice of annual meeting. No. 1305. Notice of annual meeting. No. 1306. Notice of annual meeting of railroad company. No. 1338, Notice of appeal — Alternative method, No. 352. Notice of appeal from justice's court to superior court. No. 359, Notice of appeal to supreme court. No. 350. Notice of appearance, No. 380. Notice of application for discharge from imprisonment, No. 447. Notice of application for letters of administration. No. 1751. Notice of application for United States patent for mining claim, No. 2629. Notice of application to be restored to premises. No. 3712. Notice of application to disincorporate. No. 1337. Notice of architect's claim of lien. No. 2303. Notice of assignment of legacy, No. 524. Notice of attachment, No. 586. Notice of attachment by publication — Wyoming, No. 589. Notice of attachment of stocks or shares. No. 587. 1376 Index. NOTICES (Continued). Notice of change of place of business, No. 1298. Notice of change of terms of lease, No. 2380. Notice of claim of lien— Fishing industry— Oregon, No. 2516. Notice of claim of lien for propagating animal, No. 2514. Notice of claim of lien on railroad property— Oregon, No. 2521. Notice of claim of lien upon chattels for labor, skill and materials ex- pended — Oregon, No. 2518. Notice of claim of lien upon chattels, for labor, skill and materials ex- pended—Washington, No. 2519. Notice of completion of work, No. 2506. Notice of constable's sale. No. 1700. Notice of contractor's claim of lien, No. 2498. Notice of day fixed for hearing return of sale of real estate, No. 3099. Notice of delinquent sale. No. 1315. Notice of directors' regular meeting, No. 1307. Notice of directors' special meeting. No. 1308. Notice of dissolution of copartnership, No. 2886. Notice of dividend in bankruptcy. No. 695. Notice of entry of judgment, No. 2258. Notice of exception to sufficiency of sureties, No. 889. Notice of exception to sufficiency of sureties on undertaking on claim and delivery. No. 2290. Notice of filing award to be served on adverse party. No. 399. Notice of first meeting of creditors, No. 677. Notice of foreclosure, by advertisement — North Dakota, No. 1964. Notice of hearing — Justice's court. No. 2784. Notice of hearing on application before railroad commission, No. 3210. Notice of hearing of arbitration. No. 395. Notice of hearing of first and final account of administratrix and peti- tion for final distribution, No. 1572. Notice of hearing on complaint before railroad commission. No. 3208. Notice of hearing petition to invest funds, No. 1833. Notice of intended sale under mortgage of deed of trust, No. 2788. Notice of interest by one in possession. No. 2381. Notice of intention to become sole trader, No. 3370. Notice of intention to move for new trial. No. 2760. Notice of justification of sureties. No. 2293. Notice of justification of sureties — Justice's court, No. 2294. Notice of laborer's claim of lien. No. 2502. Notice of levy on real property. No. 1675. Notice of lien of laborer to officer holding attachment, No. 2527, Notice of location of lode claim, No. 2622. Notice of location of oil claim, No. 2621. Notice of location of placer claim. No. 2620. Notice of materialman's claim of lien. No. 2501. Notice of motion. No. 2780. Index. 1377 NOTICES (Continued). JNotice of motion for alimony — Costs and counsel fees, No. 1580. Notice of motion for change of place of trial, No. 861. Notice of motion for commission to examine witness out of state, No. 1544. Notice of motion to correct award, No. 402. Notice of motion to set aside default. No. 1500. Notice of motion to set aside sale for neglect to comply with terms. No. 3105. Notice of motion to substitute defendant, No. 2783. Notice of motion to vacate award. No. 405. Notice of motion to vacate judgment and enter a different judgment, No. 2259. Notice of pendency of action for partition, No. 2862. Notice of pendency of action of ejectment. No. 1602. Notice of pendency of action to foreclose mortgage. No. 1955. Notice of pendency of action to quiet title. No. 3183. Notice of performance of labor for, or of furnishing materials to, con- tractor — Without notice, No. 2505. Notice of petition for removal of trustee. No. 691. Notice of plaintiff's death, No. 2781. Notice of postponement of sale. No. 1702. Notice of postponement of sale of real estate, No. 3091. Notice of probate proceedings, special. No. 2790. Notice of protest, No. 3150. Notice of protest of draft payable at sight. No. 3156. Notice of public sale by holder of lien for services rendered on chattel, No. 2525. Notice of quitting premises by tenant. No. 2378. Notice of sale — Montana and Utah, No. 1701. Notice of sale of personal property. No. 3089. Notice of sale of personal property, and of postponement of sale, No. 1703. Notice of sale of real estate at auction. No. 3090. Notice of sale of real property at private sale. No. 3092. Notice of sale of impounded property to satisfy lien. No. 2513. Notice of sale of impounded animal to satisfy lien, No. 2524. Notice of sale on foreclosure of lien. No. 1932. Notice of setting transferred case for trial — Justice's court, No. 2786. Notice of settlement of administratrix's account. No. 21. Notice of sheriff's sale on foreclosure of mortgage. No. 1959. Notice of sheriff's sale of real property. No. 1699. Notice of special meeting of stockholders to create bonded indebted- ness. No. 1340. Notice of stockholders' meeting to increase capital, No. 1339. Notice of subcontractor's claim of lien, No. 2500. Notice of substitution of parties plaintiff, No. 3504. N Form Book — 87 1378 Index. NOTICES (Continued). Notice of suspension of executor, No. 1808. Notice of sustaining demurrer, No. 2782. Notice of taking deposition, No. 1536. Notice of taking deposition after time shortened, No. 1542. Notice of terminating tenancy. No. 2386. Notice of termination of tenancy at will, No. 2382. Notice of time and place for proving will, No. 3960. Notice of time and place of hearing on application for appraisers of homestead, No. 2083. Notice of transfer, and of time and place of trial, No. 866i. Notice to trustee of his appointment. No. 685. Notice of trustee's sale of real estate at public auction, No. 1482. Notice of trustee's sale under deed of trust, No. 1459. Notice that case is set for trial — Justice's court. No. 2785. Notice that defendant excepts to sufficiency of sureties on attachment or appeal bond — Justice's court. No. 2291. Notice that owner will not be responsible for improvements. No. 2504. Notice to appear before commissioners in partition in probate, No. 2873. Notice to arbitrators of appointment. No. 394. Notice to arbitrators of revocation by both parties, No. 412. Notice to assignee of lien of servant, etc.. No. 2526. Notice to assignee of preferred claim for labor done, No. 2366. Notice to claimant that claim is disputed, No. 2371. Notice to co-owner of mine to contribute, No. 2645. Notice to county clerk to prepare papers on appeal. No. 353. Notice to creditor or defendant of laborer's claim, No. 2368. Notice to creditors. No. 2801. Notice to creditors by sheriff, published. No. 544. Notice to creditors, by sheriff, to meet for purpose of electing assignee, No. 543. Notice to defendant that his sureties must justify — Justice's court, No. 2292. Notice to deliver possession at end of term, No. 2385. Notice to officer that laborer's claim is disputed by creditor, No. 2369. Notice to officer that laborer's claim is disputed by defendant. No. 2370. Notice to officer of laborer's claim, No. 2367. Notice to party of revocation, No. 413. Notice to pay rent or quit. No. 3716. Notice to pay rent or surrender possession. No. 2383. Notice to perform covenants of lease, No. 2384. Notice to perform covenants of lease, No. 2453. Notice to plaintiff on application for substitution of party defendant — Justice's court. No. 3501. Notice to plaintiff of arrest — Justice's court. No. 445. Notice to sheriff of release of attachment. No. 620. Notice to quit by the landlord. No. 2379. Index. 1379 NOTICES (Continued). Notice where service of summons is by publication — Justice's court — Washington, No. 3550. Proof of service of special notice of probate proceedings, No. 2791. Request by heir, devisee or legatee for special notice, No. 2789. Eeturn of service of notice of setting case for trial or hearing of demurrer — Justice's court, No. 2787. Special notice of probate proceedings, No. 2790. NUISANCE. Complaint for damages for erecting nuisance, No. 2820. Complaint — Maintaining a public nuisance— Justice's court, No. 994. NUNCUPATIVE WILL. Nuncupative will. No. 3926. Petition for probate of nuncupative will, No. 3988. OATH. Oath — Applicant for a reissue of patent. No. 2932. Oath — Appraisers on execution against homestead, No. '-JUS"*. Oath — Arbitrator's, No. 396. Oath — Attorney at law — Colorado, No. 248. Oath — Attorney at law — South Dakota, No. 249. Oath — Coroner's jury, No. 1274. Oath of office, No. 2820a. Oath of referee in bankruptcy. No. 676. Oath of witness before arbitrators. No. 397. Oath to final account of trustee. No. 688. Oath — Witness before coroner's inquest. No. 1275. OBJECTION^. See Opposition. Objections to account. No. 24. Objections to appointment of administrator. No. 1766. Objections to change of name of corporation, No. 1303. Objections to confirmation of sale of real estate. No. 3100. Objections to partial distribution. No. 1565. Objections to petition for order directing administrator to convey land, No. 1838. Objections to sale of real estate, No. 3072. Specification of grounds of opposition to bankrupt's discharge, No. 71 S. OBSTRUCTING RAILROAD. Complaint — Obstructing railroad— Justice's court, No. 1019. OBSTRUCTING SIDEWALK. Complaint — Obstructing sidewalk — Justice's court, No. 1020. OBSTRUCTING STREET. Complaint— Obstructing street— Justice's court, No. 1021. 1380 Index. OFFICIAL BONDS. See Bonds and Undertakings. Colorado — Condition of county treasurer's bond. No. 2823, Colorado — Condition of sheriff's bond, No. 2824. Complaint on official bond, No. 2829. Justification of sureties on state or county bonds, No. 2S22. Kansas — Condition of county clerk's bond. No. 2825. Official bond, No. 768. Official bond — Corporate security, No. 769. Official bond of city and county officers of Honolulu, No. 821. Official bond of county treasurer, No. 810. Official bond of county treasurer, No. 2821. Official undertaking of constable — Oregon, No. 815. Official undertaking of justice of the peace — Oregon, No. 816. Oregon — Official undertaking of constable, No. 2826. Oregon — Official undertaking of justice of the peace, No. 2827, Oregon — Sheriff's official undertaking, No. 2828. OIL LANDS. Oil claim. See Mining. Oil land, lease of, No. 2410. OLOGRAPHIC WILL. "Olographic" or "holographic" will. No. 3927. OMITTING TO PROVIDE. Complaint — Omitting to provide for minor child — Justice's court, No. 1044. OPIUM. Complaint — Keeping opium resort — Justice's court, No. 1006. Complaint — Visiting place where opium is used — Justice's court, No. 1007. OPPOSITION. See Objections. Opposition to appointment of administrator. No. 1753. Opposition to appointment of administrator — Another form, No. 1754. Opposition to bankrupt's discharge. No. 718. Opposition to probate of will, No. 3976. Opposition to sale of personal property, JNo. 3073. OPTIONS. Option to purchase land. No. 2830. Option to purchase mine, No. 2831. ORDERS. See Decree; Judgments and Decrees. Order accepting resignation of testamentary trustee. No. 1822. Order adjudging administrator guilty of contempt for disobeying order to render account, No. 34. Index. 1381 OEDE"RS (Continued). Order adjudging that person named in will as executor has right to let- ters, No. 1800. Order admitting foreign will to probate, No. 3986. Order admitting will to probate, No. 3972. Order admitting will to probate— Another form. No. 3973. Order admitting will to probate — Another form, No. 3974. Order allowing account and discharging trustee, No. 689. Order allowing debt irregularly paid. No. 37. Order allowing intervention, No. 2186. Order allowing presentation of creditor's claim, No. 1391. Order amending award, No. 404. Order and citation on petition to determine heirship, No. 2037. Order appointing administrator, No. 1755. Order appointing administrator with the will annexed when executor's right to appointment is forfeited. No. 1777. Order appointing agent to take possession of real estate for benefit of nonresident distributee. No. 290. Order appointing appraisers on execution against homestead, No. 2084. Order appointing as administrator guardian of person entitled to letters of administration. No. 1756. Order appointing commissioners to make partition in probate. No. 2872. Order appointing commissioners to make partition on distribution. No. 1576. Order appointing day for hearing application for letters of guardianship of incompetent person. No. 2004. Order appointing executor in place of executor removed because of con- tempt of court. No. 1854. Order appointing guardian ad litem, No. 2012. Order appointing guardian of minors. No. 2005. Order appointing guardian of incompetent person, No. 2006. Order appointing guardian of insane person where first appointee failed to qualify, No. 2007. Order appointing referee to settle account. No. 25. Order appointing time for hearing petition for probate of foreign vrill. No. 3985. Order appointing time for hearing petition for order directing convey- ance of land, No. 1837. Order appointing special administrator. No. 1745. Order appointing trustee under will. No. 1823. Order approving an administrator's agreement to compound with 'a debtor. No. 1846. Order approving of administrator's payment of debt without creditor's affidavit, No. 1826. Order assigning estate of fifteen hundred dollars. No. 1630. Order assigning homestead on death of head of a family, No. 2991. Order assigning homestead to the innocent party on divorce, Nos. 2078, 2079. 1382 Index. ORDERS (Continued), Order assigning homesteaa to widow — Common property, No. 2995. Order assigning homestead to widow — Separate property, No. 2996. Order authorizing mortgage to be given by church or society, No. 2714. Order changing name. No. 1304. Order committing administrator for contempt for disobeying order of court, No. 1129. Order confirming composition. No. 715. Order confirming report of commissioners in partition in probate. No. 2875. Order confirming report of commissioners in partition in probate and directing sale, No. 2876. Order confirming leport of majority of appraisers of homestead, No. 3001. Order confirming sale made in open court. No. 3103. Order confirming sale of contract to purchase land. No. 1835. Order confirming sale of personal property. No. 3111. Order confirming sale of real estate, No. 3101. Order --tmrirming sale of real estate by authority of will, No. 3102. Order eonvictmg of contempt after order to show cause. No. 1124. Order denying petition for an order directing administrator to convey land, No. 1840. Order directing administrator to execute conveyance and surrender pos- session, No. 1842. Order directing administrator to execute lease, No. 3022. Order directing administrator to recover property. No. 1851. Order directing administrator to show cause why he should not be re- moved for omitting to cause after-discovered property to be ap- praised. No. 1815. Order directing attachment against administrator for contempt in not rendering account. No. 1128. Order directing citation to banker et al. in proceedings to recover un- claimed deposits, No. 1825. Order directing execution of deed. No. 1841. Order directing executor to file statement. No. 1814. Order directing executor to invest moneys in bonds, No. 1834. Order directing executor to show cause why his letters should not be revoked for failure to return account of sale. No. 1808. Order directing further notice upon settlement of account, No. 23. Order directing notice of hearing of petition for partition in probate, No. 2871. Order directing notice of application for partition on final distribution to be given. No. 1575. Order directing notice of proceedings for removal of executor to be given by publication and mail, No. 1809. Order directing notice of settlement of account to be given. No. 22. Order directing notice to creditors. No. 2800. Order directing notice to suspend executor, No. 1805. Index. 1383 OEDERS (Continued). Order directing publication of notice of application for order directing executor to invest moneys of an estate, No. 1832. Order directing summons in unlawful detainer to be served by affixing a copy in a conspicuous place on property, No. 3715. Order directing surviving partner to render an account, No. 1828. Order dismissing without prejudice petition for order to convey land, No. 1839. Order empowering admanistrator to mortgage, No. 3042. Order establishing fact that one of two executors is absent from the state, No. 1802. Order establishing service of notice on petition to determine heirship, No. 205S. Order expunging claim. No. 706. Order extending time, No. 2843. Order fixing compensation of appraisers on execution against homestead, No. 2091. Order fixing day of hearing return of sale of real estate, No. 3098. Order fixing time and place of hearing, and for publication of notice of application for dissolution, No. 1335. OrJvr fixing time and place of hearing petition to mortgage property of church or society, No. 2713. Order for administrator to give further security, No. 1793. Order for alimony pendente lite, costs and counsel fees, No. 1582. Order for allowance out of income of minor. No. 2032. Order for arrest. No. 441. Order for attachment against administrator for not rendering account, No. 33. Order for choice of new trustee, No. 693. Order for citation to administrator requiring him to render exhibit, No. 14. Order for citation to administrator to account, No. 867. Order for citation on petition for release of surety, No. 1796. Order for contribution by legatee to devisee whose devise has been sold to pay debts. No. 1236. Order for custody pending guardianship proceedings, No. 2001. Order for defaulting juror to show cause. No. 1121. Order for defendant's discharge after bail given. No. 484. Order for defendant's discharge after bail given on appeal— Oregon and Alaska, No. 488. Order for delivery of property to plaintiff — Oregon, No. 888. Order for deposit where claimant cannot be found. No. 1404. Order for equal division of homestead on divorce. No. 2080. Order for examination of bankrupt, No. 696. Order for examination of debtor of judgment debtor, or of his bailee. No. 3613. Order forbidding transfer of property alleged to belong to judgment debtor, or upon denial of indebtedness to him, No. 3615. Order for family allowance and setting apart personal property, No. 1876, 1384 Index. ORDERS (Continued). Order forfeiting bail money, No. 482. Order for inspection, No. 2157. Order for jury trial, No. 636. Order for nonresident witness to attend, No. 3437. Order for payment of debts — Clause that claim disputed or contingent not due be paid into court, No. 1830. Order for payment of debts of insolvent estate. No. 1829. Order for publication where defendant resides out of the state. No. 3575. Order for reappraisement of real estate after sale, No. 2202. Order for removal of trustee. No. 692. Order for sale of homestead and division of proceeds on divorce. No. 2081. Order for sale of personal property. No. 3074. Order for support of family until inventory returned, No. 1874. Order for writ of assistance, No. 4000. Order for writ of certiorari to issue, No. 859. Order for writ of habeas corpus to issue. No. 2042. Order granting to nonresident guardian leave to remove ward's prop- erty from state, No. 2023. Order of adoption, No. 254. Order of clerk fixing time and place for hearing application to settle first and final account and petition for final distribution, No. 20. Order of discharge — To be indorsed on depositions and statement, No. 471. Order of discharge after bail given — Alaska and Oregon, No. 474. Order of distribution on composition, No. 716. Order of publication of order to show cause on guardian's application for order of sale of real estate. No. 2016. Order of reference, No. 673. Order of reference in judge's absence, No. 674. Order of sale, No. 1644. Order of sale of mining stock, No. 3086. Order of sale of personal property upon petition for sale of realty, No. 30S2. Order of sale of real estate, No. 3080. Order of sale of real estate by guardian, No. 2019. Order of sale on foreclosure of mechanic's lien, No. 193i. Order of sale on foreclosure of mortgage, No. 1958. Order of substitution — Justice's court. No. 3503. Order opening default. No. 1503. Order prescribing notice of application for appointment of ^ardian, No. 2003. Order purging of contempt. No. 1123. Order recalling execution, No. 1664. Index. 1385 ORDERS (Continued). Order reducing claim, No. 705. Order referring claim to referee, No. 1390. Order reinstating suspended administrator. No. 1807. Order rejecting majority report of appraisers of homestead, No. 3002. Order releasing surety, No. 1798. Order removing administrator after contest of his account, No. 1813. Order removing administrator for failure to give notice to creditors, No. 1810. Order requiring distributee to refund. No. 1568. Order requiring notice of hearing petition for restoration of records, No. 3291. Order requiring production of will, No. 3951. Order revoking letters and issuing others to person having prior right. No. 1S19. Order revoking letters after commitment for contempt. No. 1130. Order revoking letters after commitment for contempt for failure to account, No. 35. Order revoking letters for failure to file new bonds. No. 1794. Order revoking probate of will, No. 3982. Order setting apart homestead and permitting execution against sur- plus, No. 2090. Order setting report of appraisers for hearing, No. 3000. Order shortening time for examination of witness, No. 1541. Order shortening time, No. 2840. Order staying entry of judgment on award, No. 403. Order suspending executor, No. 1804. Order suspending the powers of administrator until it can be deter- mined if he has wasted estate, No. 1816. Order that application for letters of administration and contest for letters will be heard together. No. 1853. Order that executor give bond where will requires none, No. 1799. Order that judgment debtor appear and answer concerning his property, No. 3611. Order that no trustee be appointed, No. 686. Order that property of judgment debtor be applied to satisfaction of judgment, No. 3614. Order to answer for bailable offense, No. 475. Order to answer when bail has been taken — To be indorsed on "Com- plaint," No. 473. Order to answer, where offense is not bailable, No. 476. Order to compromise debt, No. 1845. Order to produce will, No. 3950. Order to release levy, No. 1674. Order to satisfy or answer a complaint, No. 3206. Order to sell perishable personal property. No. 3075. Order to show cause on application to mortgage, No. 3041. 1386 Index. OEDEES (Continued). Order to show cause on change of name and for publication thereof, No. 13D2. Order to show cause on creditors' petition in bankruptcy, Xo. 634. Order to show cause on petition for distribution, No. 1570. Order to show cause on sale of mining stock, No. 3077. Order to show cause on sale of personal property, No. 3076. Order to show cause on sale of real estate, No. 3078. Order to show cause why entire estate should not be set over to widow, No. 1629. Order to show cause why lease of real estate should not be made, No. 3021. Order to show cause why party should not be punished for contempt, No. 1122. Order to view locus in quo. No. 2842. Order transferring cause — Justice's court. No. 866h. Order transferring cause, No. 2841. Order transferring proceedings back to original court. No. 866g. Order transferring proceedings on account of disqualification of judge, No. 866e. Order vacating award and ordering a rehearing, No. 406. Order vacating judgment, No. 2260. Order vacating sale and directing resale on failure of purchaser to com- ply with bid, No. 3106. ORDINANCE, Complaint to recover penalty for violation of ordinance, No. 957. PARTITION. See Partition in Probate. Complaint for partition of real property, No. 2860. Complaint for partition of land held in common with estate. No. 2861. Confirmation of partition made by referee. No. 2865. Decree of partition, No. 2866. Notice of pendency of action for partition, No. 2862. Statement, in summons in partition. No. 2864. Summons in partition. No. 2863. PARTITION IN PEOBATE. Notice to appear before commissioners in partition in probate, No. 2873. Order aj^ointing commissioners to make partition in probate, No. 2872. Order confirming report of commissioners in partition in probate, No. 2875. Order confirming report of commissioners in partition in probate and directing sale, No. 2876. Order directing notice of hearing of petition for partition in probate, No. 2871. Petition for partition in probate. No. 2870. Report of commissioner in partition in probate. No. 2874. Index. 1^87 PAETNEBSHTP. Agreement, by partnors, to arbitrate, No. 390. Answer alleging partnership agreement, No. 2889, Articles of copartnership, No. 2880. Articles of copartnership between merchants. No. 2881. Assignment of partnership property and debts by one partner to an- other on dissolution, No. 2SS4. Certificate of residence of partnership, No. 2885. Complaint against partners, No. 2887. Complaint by surviving partner. No. 2888. Certificate of copartnership, No. 2883a. Dissolution of partnership to be indorsed on the original articles, No. 2883. Notice of dissolution of copartnership, No. 2886. Kenewal of partnership to be indorsed on original articles, No. 2882. PAETY-WALLS. Agreement as to party-wall. No. 2900. License to use wall of adjoining building. No. 2901. PATENTS. See License. Assignment of an undivided fractional interest in an invention before the issue of letters patent. No. 2940. Assignment of an undivided interest in the letters patent and extension thereof, No. 2935. Assignment of a patent— Long form. No. 2939. Assignment of territorial interest after grant of patent. No. 2941. Assignment of the entire interest in an invention before the issue of letters patent, No. 2933. Assignment of the entire interest in letters patent. No. 2934. License— Exclusive territorial grant by an assignee, No. 2936. License— Not exclusive with royalty, No. 2938. License— Shop right, No. 2937. Oath by an application for a reissue of patent. No. 2932. Petition by administrator for letters patent. No. 2923. Petition by an alien inventor, No. 294'?. Petition by a sole inventor. No. 2920. Petition by executor for letters patent. No. 2924. Petition by inventor for assignee. No. 2922. Petition by joint inventors, No. 2921. Petition for letters patent for a design, No. 2926. Patent for mining claim. See Mining. Petition for reissue (by the inventor). No. 2925. Power of attorney, No. 2927. Specifications for a composition of matter. No. 2930. Specifications for a design, No. 2931. Specifications for a machine. No. 2928. Specifications for a process. No. 2929. 1388 Index. PAYMENT. Answer alleging part payment and tender of balance, TTo. 2965. Answer alleging payment, No. 2960. Answer alleging payment before indorsement, No. 2962. Answer alleging payment by bill, No. 2961. Answer alleging payment by note. No. 2963. Answer alleging payment in services, No. 2964. PECUNIARY LEGACY. Pecuniary legacy, No. 3911. PEDDLING. Complaint — Peddling without a license — Justice's court, No. 1022. PETITIONS. See Complaint; Patents. Bankrupt's petition for discharge. No. 717. Petition and complaint asking for a citation to show cause why a bank should not pay a deposit to administrator or depositor, No. 1824. Petition and order for private sale — Bankruptcy, No. 711. Petition and order for redemption of property from lien — Bankruptcy, No. 709. Petition and order for sale subject to lien — Bankruptcy, No. 710. Petition and order for sale of perishable property — Bankruptcy, No. 712. Petition and order for sale by auction of real estate. No. 708. Petition by administrator for letters patent, No. 2923. Petition by administrator to sell stock in mining company, No. 30C6. Petition by creditor for citation to administrator to account, No. 30. Petition by an executor for letters patent. No. 2924. Petition by guardian for an order to mortgage real estate, No. 2021. Petition by heir for partial distribution. No. 1561. Petition by inventor for assignee. No. 2922. Petition by joint inventors. No. 2921. Petition by legatee for partial distribution. No. 1563. Petition by sole inventor, No. 2920. Petition for allowance out of income of minor to defray expenses, No. 2031. Petition for appointment as guardian ad litem. No. 2011. Petition for appointment of guardian of minor, No. 1998. Petition for appointment of guardian for incompetent person, No. 1999. Petition for appointment of special administrator. No. 1744. Petition for authority to compromise claim. No. 1844. Petition for continuation of administration. No. 1843. Petition for decree restoring to capacity. No. 3300. Petition for decree showing termination of life estate, No. 3630. Petition for decree setting apart homestead. No. 2990. Petition for decree vesting homestead in surviving wife. No. 2096. Petition for determination of heirship. No. 2056. Index. 1389 PFTITIONS (Continued). Petition for distribution, No. 1569. Petition for dissolution of corporation, No. 1,332. Petition for family allowance, Nos. 1873, 187o. Petition for final distribution, No. 1571. Petition for leave to adopt minor, No. 250. Petition for leave to mortgage, No. 3010. Petition for letters of administration. No. 1748. Petition for letters of administrator — Another form, No. 1749. Petition for letters of administration with will annexed on death of executor, No. 1770. Petition for letters of administration with the will annexed on renun- ciation by executor. No. 1775. Petition for letters patent for a design. No. 2926. Petition for meeting to consider composition. No. 713. Petition for mortgage of property of church or society. No. 2711. Petition for order directing executor to convey land under a contract with deceased, No. 1836. Petition for order directing executor to invest funds of an estate, No. 1831, Petition for order directing surviving partner to render account, No. 1827. Petition for order of sale of personal property, No. 3062. Petition for order of sale of real estate for best interests of heirs at law, No. 3064. Petition for order of sale of real estate to pay debts or family allow- ance. No. 3070. Petition for order requiring administrator to give new bond, Nos. 1789, 1790. Petition for order requiring administrator to render exhibit. No. 13. Petition for order requiring distributee to refund. No. 1567. Petition for order setting apart personalty and for family allou'ance. No. 1875. Petition for order to lease realty by executor, administrator or guard- ian. No. 3020. Petition for order to produce concealed will, No. 3953. Petition for order to sell perishable personal property, No. 3061. Petition for partition in probate, No. 2870. Petition for probate of nuncupative will. No. 3988. Petition for probate of will, No. 3955. Petition for provision for support of family pending return of inven- tory, No. 1873. Petition for reissue of patent (by inventor), No. 2925. Petition for relief against forfeiture of lease. No. 3713. Petition for removal of trustee. No. 690. Petition for restoration of records, No. 3290. Petition for retransfer of proceedings. No. 866f. 1390 Index. PETITIONS (Continued). Petition for writ of habeas corpus, No. 2041. Petition for writ of mandamus, No. 258S. Petition in bankruptcy — Creditor's, No. 633. Petition in bankruptcy — Partnership, No. 632. Petition of administrator with the will annexed for citation ordering former executor to account, No. 32. Petition of assignee of heir at law for distribution of assignor's share to him. No. 1562. Petition of guardian for order of sale of real estate, No. 2015. Petition of guardian for order of sale of real estate in order to rein- vest proceeds, No. 2017. Petition of guardian that he may assent to partition of land, No. 2022. Petition of heir at law for partial distribution, No. 1560. Petition of surety to be released from bond of administrator, No. 1795. Petition that court may order administrator to render an account, No. 31. Petition to become sole trader, No. 3371. Petition to require administrator who is wasting estate to give further security, No. 1791. Petition to revoke letters of administration and to grant them to a person claiming under prior right, No. 1817. Petition to revoke letters testamentary and appoint petitioner where executor has removed from state, No. 1820. Petition to revoke probate of will on discovery of later will, No. 3980. Petition to set apart estate not exceeding fifteen hundred dollars in value, No. 1628. PETIT LAECENY. Complaint — Petit larceny — Justice's court. No. 999. Complaint — Petit larceny with previous conviction, No. 1042. PLEDGE. Complaint for damages for loss of pledge, No. 2973. Pledge with note secured. No. 2970. Pledge — Another form. No. 2971. Pledge — Another form, No. 2972. POLICE COURTS. See Justices' Courts. POWERS OF ATTORNEY. See Proxy. Commercial power of attorney with authority to sell real estate, etc.. No. 2975. General custom-house power of attorney. No. 2981. General power of attorney. No. 2974. General power of attorney to sell mining property, No. 2979. Power of attorney to collect debts, No. 2982. Index. 1391 POWERS OF ATTORNEY (Continued). Power of attorney to confess judgment, No. 2985. Power of attorney to make application for entry of government land, No. 2634. Power of attorney to prosecute patent application, No. 2927. Power of attorney to receive a legacy, No. 2983. Power of attorney to transact ordinary business, No. 2977. Power of attorney to transfer stock. No. 2987. Power of attorney to sell stocks, No. 2980. Kevocation of power of attorney, No. 2986. Special power of attorney by husband and wife to convey land, No. 2984. Special power of attorney to collect debts, No. 2978. Special power of attorney to sue and transfer property, No. 2976a. Substitution of attorney in fact, No. 2976. PROBATE HOMESTEADS. Clause in inventory when homestead exceeded five thousand dollars in value, when selected and cannot be divided. No. 2997. Clause in inventory when homestead exceeds five thousand dollars in value, when selected and can be divided, No. 2998. Decree setting apart homestead, No. 2992. Dissenting report by one appraiser. No. 2999. Order assigning homestead on death of head of family. No. 2991. Order assigning homestead to widow — Common property. No. 2995. Order assigning homestead to widow — Separate property. No. 2996. Order confirming the report of majority of appraisers of homestead, No. 3001. Order ejecting majority report of appraisers of homestead. No. 3002. Order setting apart probate homestead for support of family. No. 2993. Order setting apart probate homestead out of separate property of deceased. No. 2994. Order setting report of appraisers for hearing, No. 3000. Petition for decree setting apart homestead, No. 2990. PROBATE LE'ASE. Order directing administrator to execute lease. No. 3022. Order to show cause on application to modify lease. No. 3024. Order to show cause why lease of real estate should not bo made, No. 3021. Petition to lease realty by executor, administrator or guardian, No. 3020. Probate lease. No. 3023. PROBATE MORTGAGE. Mortgage by administrator, No. 3043. Order empowering administrator to mortgage. No. 3042. Order to show cause on application to mortgage. No. 3041. Petition for leave to mortgage. No. 3040. 1392 Index. PROBATE PROCEEDINGS. Special notice of probate proceedings, No. 2790. PROBATE SALES. Account of sale of real estate by auctioneer — ^Return schedule "D," No. 3097. Admissions of service of order to show cause on sale of real estate, No. 3079. Affidavit of auctioneer on return of sale of personal estate. No. 3109. Affidavit of auctioneer on return of sale of personal property, No. 3110. Affidavit of posting notice of sale of real estate — Return schedule "A," No. 3094, Affidavit of publication of notice of sale of personal estate, No. 3108. Affidavit of publication of notice of sale of real estate — Return sched- ule "B," No. 3095. Affidavit of sale of real estate at public sale — Return schedule "C," No. 3096. Bond to administrator and interested persons upon sale of contract for purchase of lands, No. 3088. Bond of administrator on sale of real estate, No. 3087. Notice of day fixed for hearing return of sale of real estate. No. 3099. Notice of motion to set aside sale for neglect to comply with terms. No. 3105. Notice of postponement of sale of real estate. No. 3091. Notice of sale of personal property, No. 3089. Notice of sale of real estate at auction. No. 3090. Notice of sale of real property at private sale, No. 3092. Objection to sale of real estate, No. 3072. Objections to confirmation of sale of real estate, No. 310O. Opposition to sale of personal property, No. 3073. Order confirming sale made in open court, No. 3103. Order confirming sale of personal property, No. 3111. Order confirming sale of real estate. No. 3101. Order confirming sale of real estate by authority of will. No. 3102. Order fixing day of hearing return of sale of real estate. No. 3098. Order for sale of personal property, No. 3074. Order of sale of all property belonging to estate at one sale, No. 3083. Order of sale of mining stock, No. 3086. Order of sale of personal property upon petition for sale of realty. No. 3082. Order of sale of real estate. No. 3080. Order of sale of real estate by administrator upon petition of person in- terested, No. 3084. Order of sale of real estate without notice, No. 3081. Order to sell perishable personal property, No. 3075. Order to show cause on sale of mines. No. 3085. Order to show cause on sale of raining stock. No. 3077. Index. 1393 PEOBATE SALES (Continued). Order to show cause on sale of personal property, No. 3076. Order to show cause on sale of real estate, No. 3078. Order vacating sale and directing resale on failure of purchaser to comply with bid, No. 3106. Order vacating sale of real estate. No. 3104. Petition by administrator to sell stock in mining company. No. 3066. Petition by creditor for order of sale of real estate. No. 3069. Petition for order of sale of all the property of insolvent estate at one sale, No. 3065. Petition for order of sale of personal property. No. 3062. Petition for order of sale of real estate for best interests of heirs at law, No. 3064. Petition for order of sale of real estate to pay debts or family allow- ance, No. 3070. Petition for order of sale of real estate where all persons interested join in petition. No. 3067. Petition for order of sale of real estate where all persons interested assent in writing. No. 3068. Petition for order to sell real estate to pay inheritance tax, No. 3071. Petition for order to sell perishable personal property, No. 3061. Eeturn and account of sale of real estate, Xo. 3093. Eeturn and account of sales of personal property, No. 3107. PEOCESS. See Summons. PEOMISSOEY NOTES. See Pledge; Protest. Answer of payment of note in services, No. 3143, Answer that note was procured by fraud. No. 3144. Answer that notice of dishonor was not given. No. 3145. Complaint by administrators on promissory note. No. 3138. Complaint by holder against indorscr and maker, No. 3137. Complaint on a partnership note, No. 3141. Complaint on lost note. No. 3142. Complaint on promissory note — Justice's court. No. 3139. Complaint on promissory note. No. 3136. Complaint on promissory note. No. 3140. Installment note secured by mortgage. No, 3135. Promissory note. No. 3130. Promissory note — Joint and several, No. 3132. Promissory note to corporation secured by mortgage, No. 3134. Promissory note with attorney's fee clause, No. 3131. Promissory note with default clause, No. 3133. PEOOF. Proof of debt by agent or attorney, No. 702. Proof of debt due corporation, No, 701. Form Book^88 1394 Index. PEOOF (Continued). Proof of labor, No. 2632. Proof of magistrate's handwriting, No. 467. Proof of ownership and possession in case of loss or absence of mining records, No. 2635. Proof of posting notice and diagram on mining claim, No. 26^50. Proof of publication on application for mining patent, No. 2G39. Proof of secured debt. No. 700. Proof of secured debt by agent, No. 703. Proof of service of special notice of probate proceedings, No. 2791. Proof of unsecured debt, No. 699. Proof that no known veins exist in a placer mining claim. No. 2637. Proof that plat and notice remained posted on claim during time of publication, No. 2640. PEOSTITUTION. Complaint — Keeping a minor in a house of prostitution— Justice's court, No. 1018. PROTEST. Certificate to copy of maritime protest, No. 3159. Maritime protest extended before another notary, No. 3160. Maritime protest extended before game notary. No. 3158. Maritime protest for distress of weather — Notation of, No. 3157. Notice of protest, No. 3150. Notice of protest of draft payable at sight. No. 3156. Protest and adverse claim on application for mining patent, No. 2644. Protest of a director of a corporation against dividend to be spread on the minutes. No. 1318. Protest of note payable at particular place and notices mailed, No. 3151. Protest of note presented to maker personally and notice served on in- dorser personally or delivered at place of business, No. 3152. Protest when draft is accepted "supra protest," No. 3155. Protest when last place of residence or business can be ascertained but maker cannot be found. No. 3154. Protest where maker cannot bo found and has no known place uf busi- ness or residence, No. 3153. PROXY. See Power of Attorney. Proxy — Accompanied by ballot. No. 1310. Proxy to vote. No. 1317. Proxy to vote at annual election, No. 1309. PUBLIC ADMINISTRATOR. See Executors and Administrators, Publication of summons. See Summons. Index. 1395 QUIETING TITLE. See Eestoration of Title. Complaint to determine conflicting claims to real property — North Dakota, No. 3184. Complaint to quiet title, No. 3180. Complaint to quiet title. No. 3182, Complaint to quiet title to mining claim, No. 3181. Notice of pendency of action to quiet title, No. 3183), QUITCLAIM DEEDS. Quitclaim deed. No. 1447. Quitclaim deed — Another form, No. 1448. Quitclaim deed-^^Arizona, No. 1452. Quitclaim deed — Utah, No. 1454. Quitclaim deed — Washington, No. 1464, Quitclaim deed — Wyoming, No. 1465. QUO WARRANTO. Answer in quo warranto. No. 3201. Complaint in quo warranto, No. 3200. RAILROAD COMMISSION. Answer to formal complaint before EailroaEMA"RK (Continnod). Application hy firm for registration of trademark, No. 3642. Application for registration of trademark, No. 36-11. Declaration of trademark, No. 3640. Transfer of trademark, No. 3644. TRESPASS. Answer justifying trespass, No. 3G72. Complaint by tenant against third person for destroying pasturage, No. 3670. Complaint — Trespassing cattle, No. 3671. TRIAL. See Change of Place of Trial. Trial — Notice of — Justice's court, No. 2785. TRUSTEES. Return and account of trustee. No. 3690. Trustee's deed — Wyoming, No. 1461. Trustee's report of exempted property, No. 707. UNDET? TAKINGS. See Bonds; Keeping the Peace. Bail upon appeal — Undertaking — Oregon and Alaska, No. 487. Undertaking and "security" for appearance of material witness. No. 479. Undertaking by claimant, other than judgment debtor, for release of property. No. 1669. Undertaking by material witness to appear. No. 478. Undertaking for arrest in justice's court — Oregon, No. 449. Undertaking for arrest in justice's court — Washington, No. 450. Undertaking for attachment — Oregon, No. 570. Undertaking for attachment — Washington, No. 571. Undertaking for costs on appeal — Justice's court to superior court, No. 360. Undertaking for delivery of property to plaintiff— Oregon, No. 886. Undertaking for delivery of property to plaintiff — Washington, No. 906. Undertaking for order of arrest, No. 440. Undertaking for release or discharge of attachment — Oregon, No. 593. Undertaking for release or discharge of attachment — Washington, No. 599. Undertaking for return of property to defendant. No. 892. Undertaking of bail upon recommitment. No. 485. Undertaking of judgment debtor to appear and answer in supplemen- tary proceedings. No. 3617. Undertaking on adjournment for more than ten days — Justice's court, No. 1156. Undertaking on admission to bail — ^Justice's court. No. 480. 1406 Index. UNDnETAETNGS (Continued). Undertaking on admission to bail — Justice's court — Alaska and Oregon, No. 481. Undertaking on appeal from judgment directing delivery of possession of real property — Justice's court to superior court, No. 363. Undertaking on appeal from judgment for recovery of, or to foreclose a lien on, specific personal property — Justice's court to superior court, No. 362. Undertaking on appeal from judgment of fine and imprisonment — Jus- tice's court to superior court, No. 361. Undertaking — on appeal from judgment of imprisonment — Justice's court to superior court. No. 365. Undertaking on appeal from justice's court in criminal case — Wyoming, No. 368. Undertaking on appeal from money judgment — Justice's court to su- perior court. No. 361. Undertaking on appeal — Unlawful detainer — Justice's court to superior court. No. 366. Undertaking on attachment — California, No. 568. Undertaking on attachment — Justice's court. No. 569. Undertaking on claim and delivery. No. 885. Undertaking on part of defendant. No. 443. Undertaking on release of attachment — Justice's court, No. 597. Undertaking or peace bond, No. 2352. Undertaking to indemnify constable — Washington, No. 1668. Undertaking to indemnify officer against claim of third person. No. 895. Undertaking to indemnify sheriff — Oregon, No. 1667. Undertaking to stay levy of attachment. No. 583. Undertaking when admitted to bail by habeas corpus, No. 2045. UNLAWFUL DETAINER. See Forcible Entry and Defainer. Answer in unlawful detainer. No. 3714. Complaint for holding over after expiration of term. No. 3711. Complaint for holding over after rent due. No. 3710. Notice of application to be restored to premises. No. 3712. Petition for relief against forfeiture of lease, No. 3713. Summons in unlawful detainer, No. 1905, UTTERING FICTITIOUS CHECK. Complaint — Uttering fictitious check, etc. — Justice's court, No. 1040. VAGRANCY. Complaint — Vagrancy — Justice's court, No. 987. VENIRE. Indorsement on venire — Justice's court. No. 3783. Special venire, No. 3781. Index. 1407 VEOSIRE (Continiied). Venire— Clerk's certificate, No. 3780. Venire — Justice's court, No. 3782. VENUE. See Change of Place of Trial. VEBDICT. Interrogatories as to special issues subraittecl, No. 3810. Verdict as to value of specific portion of property, in claim and 'teliv- ery, No. 3809. Verdict for plaintiff assessing damages, No. 3805. Verdict for defendant, in claim and delivery. No. 3808. Verdict for defendant, on counterclaim, No. 3806. Verdict for plaintiff, in claim and delivery. No. 3807. sVerdiet for plaintiff or defendant. No. 3804. Verdict of acquittal on ground of insanity, No. 3802. Verdict of acquittal on ground of variance. No. 3803. Verdict of the jury in criminal cases — Justice's court, No. 3812. Verdict on special issues submitted. No. 3811. Verdict upon plea of former conviction or acquittal of the same offense, No. 3801. Verdict upon plea of not guilty, No. 3800. VERIFICATION. Verification by attorney. No. 3832. Verification by officer of corporation, No. 3833. Verification by other thatt party. No. 3831. Verification in proceedings to remove or suspend an attorney, No. 3834. Verification of claim of lien, No. 2499. Verification of election contest. No. 3835. Verification to pleading, No. 3830. VULGAR LANGUAGE. Complaint — Vulgar language — Justice's court, No. 1033. WAIVED. Waiver of appeal and motion for new trial, No. 369. WANT OF CAPACITY. Want of capacity — Answer — Plaintiff an alien enemy, No. 328. WARD. See Guardianship. WARRANT. Bench warrant on indictment ot information. No. 3850. Indorsement of service of warrant. No. 3851. Warrant of arrest, No. 463. 1108 Index. WAREANT (Continued). Warrant of arrest for threatened offense — WasMngton, No. 2351. Warrant of arrest — Hawaii, No. 464. Warrant of arrest — Justice's court, No. 469. ' Warrant of arrest— Justice's court, No. 3852. Warrant of arrest — Justice's Court — Washington, No. 470. Warrant of arrest on extradition. No. 1859. Warrant of commitment for contempt in using disrespectful and con. temptuous language. No. 1131. Warrant of commitment on failure to produce will, No. 3952. Warrant for contempt — Justice's court — Washington, No. 1132. Warrant to marshal — Bankruptcy, No. 637. WARRANTY DEED. Warranty deed. No. 1449. • Warranty deed, by attorney in fact, with usual covenants, No. 1466. Warranty deed — Arizona, No. 1453. Warranty deed — Wyoming, No. 1463. WATER ORDINANCE. Complaint — Violation of water ordinance — Justice's court, No. 1029. WILLS. Appointment of executors and substitutionary executors. No. 3918. Attestation of will — Acknowledged by testator to be signed by him, No. 3890. Attestation of will, signed in presence of witnesses, No. 3888. Attestation of will where testator's name is written by person at his request. No. 3889. Bequest of an annuity to a wife during widowhood. No. 3915. Bequest of jewels, furniture, etc., to the wife of the testator, No. 3913. Request of one dollar to an imprudent son, No. 3907. Bequest of the residue of the testator's estate, No. 3917. Charitable bequests. No. 3914. Clause bequeathing money upon trusts, No. 3900. Clause conferring power to sell. No. 3896. Clause containing proviso for appointing new trustee. No. 3903. Clause containing proviso binding the testator's devisees to take his surname, No. 3899. Clause containing provision for indemnity of trustees, No. 3901. Clause containing provision for appointment of trustees — Another form No. 3904. Clause devising to daughter for life, remainder to trustees to support contingent remainders, etc.. No. 3898. Clause disposing of real and personal estate to trustees, with power to sell. No. 3895. Index. 1409 WILLS (Continued). Clause directing residue of personal estate to be invested in stock, No. 3897. Clause preventing an annuitant under a will from parting with his annuity, No. 3916. Clause providing that if trustees and executors dififer in opinion, the matter in difference to be decided by the majority, No. 3919. Clause providing that, in case a legatee shall sue or molest any other legatee, in the enjoyment of his legacy, etc., such gift to such per- son, etc., to be void. No. 3902. Clause whereby testator forgives all debts due from relations therein named. No. 3905. Clause whereby testator remits a debt due from his brother, in case he does not molest the execution of his will. No. 3906. Codicil, No. 3920. Codicil, altering the will, etc., with proper conclusion and attestation, No. 3923. Codicil, olographic or witnessed, indorsed upon the back of a will, No. 3921. Codicil ratifying the will. No. 3922. Devise or gift to Stanford University, San Mateo county, California, for the education of one poor scholar forever, No. 3908. Devise of a sum to be applied in releasing poor prisoners, No. 3912. Devise to an executor in consideration of friendship, etc., No. 3909. Direction to trustees to pay an annuity, No. 3910. General form of a codicil where several legacies are revoked, No. 3925. Nuncupative will. No. 3926. Olographic (or holographic) will, No. 3927. Pecuniary legacies. No. 3911. Revocation of appointment of executor, and another appointed in his stead, by a codicil, No. 3924. Will, No. 3887. Will. No. 3891. Will, No. 3892. Will, No. 3893. Will making a general disposition of property, also an annuity, with other bequests. No. 3894. WILLS— PROBATE AND CONTEST OF. Affidavit of mailing notice of probate to heirs. No. 3961. Affidavit of personal service on heirs. No. 3963. Affidavit of publication of notice of probate of will, No. 3962. Answer to opposition to probate, No. 3977. Certificate establishing lost or destroyed will, No. 3987. Certificate of proof of lost will. No. 3970. Certificate of proof of will. No. 3968. Certificate of proof of will and facts found— Another form, No. 3969. Form Book — 89 1410 Index. WILLS— PROBATE AISTD CONTEST OF (Continued). Certificate of rejection of will, No. 3971. Citation on application to revoke probate, No. 3981. Contest and opposition to probate of codicil, No. 3979. Contest of will after probate, No. 3983. Contest of will before probate. No. 3978. Opposition to probate of will. No. 3976. Order admitting foreign will to probate, No. 3986. Order admitting will to probate, No. 3972. Order admitting will to probate — Another form. No. 3973. Order admitting will to probate — Another form. No. 3974. Order appointing time for hearing petition for probate of foreign will, No. 3985. Order requiring production of will. No. 3951. Order revoking probate of will. No, 3982. Order to produce will. No. 3950. Notice of time and place for proving will, No. 3960. Petition for order to produce concealed will, No. 3953. Petition for probate of foreign will. No. 3956. Petition for probate of foreign will — Another form. No. 3957. Petition for probate of lost will, No. 3958. Petition for probate of nuncupative will. No. 3988. Petition for probate of wiU, No. 3955. Petition for probate of will not in possession of petitioner, No. 3959. Petition to revoke the probate of a will on discovery of later will, No. 3980. Renunciation of right to letters by executor. No. 3954. Testimony of applicant on probate of will, No. 3964. Testimony of applicant on probate of will — Another form. No. 3967. Testimony of subscribing witness, No. 3965. Testimony of witness on probate of will — Another form. No. 3966. "Warrant of commitment on failure to produce will, No. 3952. WRITS. Order for writ of assistance, No. 4000. Peremptory writ of mandamus. No. 2590. "Writ" of arrest in justice's court — Oregon, No. 451. Writ of assistance. No. 4001. Writ of attachment — Arizona, No. 577. Writ of attachment — California, No. 575. Writ of attachment — Hawaii, No. 578. Writ of attachment — Justice's court. No. 576. Writ of attachment — New Mexico, No. 579. Writ of attachment — Oregon and Alaska, No. 580. Writ of attachment — Washington, No. 581. Writ of certiorari. No. 860. Writ of execution on money judgment. No. 1641. Index. 1411 WEITS (Continued). Writ of garnishment — New Mexico, No. 607, Writ of habeas corpus, No. 2043. Writ of possession, No. 4003. Writ of replevin — New Mexico, No. 905 Writ of restitution, No. 4002. Writ of restitution — Nevada, No. 4004. li|C SOUTHERN REGIONAL LIBRARY FACILITY AA 000 683 707 4 und by ' Bound by I The CooperaVive Bindery ) taw Book Printers U and Binders I 330 Jackson Street I San Francisco iilliSiiiRilll iiMi; liilijiiiiSuiiiiii'' iiliiilb B. mw