Please take notice that I will move this honorable court. at the courtroom thereof, in the city hall of the city of... on the . . . day of . . ., 19 . ., at . . . o'clock in the . . . noon, or as soon thereafter as counsel can be heard, for an order [state the substance of order], and for such other and further order as may be just. Said motion will be made upon the ground that [state particularly the grounds upon which the motion is founded], and will be supported by the affidavit, a copy of whien is herewith served upon you, and the pleadings, papers, and records in the above cause.

[DATE.]

[SIGNATURE.] Attorney for . .

§ 913. Affidavit denying genuineness and due execution of written instrument in a pleading.

[TITLE.] [VENUE.]

Form No. 272.

A. B., being duly sworn, deposes and says as follows:

I. I am the plaintiff in the above-entitled cause.

II. The note [or, bill, or other written instrument], set forth in the answer of the defendant herein, is not my note [or was not made or indorsed or accepted by me, or otherwise denying the making or executing of the instrument].

[JURAT.]

[SIGNATURE.]

§ 914. Notice of motion for order allowing party to enter on land and make survey, etc., in actions concerning real property.

[TITLE.]

Form No. 273.

To G. H., Attorney for Defendant:

Please take notice that A. B.. the plaintiff herein, will, on the... day of..., day of..., 19. ., at the hour of . . . o'clock, A. M.,

or as soon thereafter as counsel can be heard, at the courtroom of said court in the city hall, in the city of . . move said court to grant the plaintiff herein an order allowing him the right to enter upon the property in controversy in this action, hereinafter described, and to make survey and measurement thereof for the purpose of [state particularly the object for which the survey is desired]. Said motion will be made upon the affidavit herewith served upon you, and upon the pleadings, records, and papers in the cause. The property to be affected by such order is described as follows [description].

[DATE.]

[SIGNATURE.]

915. Order allowing party to enter for survey.

[TITLE.]

Form No. 274.

The motion for an order allowing the plaintiff to enter upon the lands in controversy in this action, and hereinafter described, coming on to be heard this day, on the affidavits introduced by the respective parties, and the pleadings, records, and papers in the cause, E. F. appearing as attorney for the plaintiff, and G. II. appearing for the defendant and opposing said motion, and it appearing to the court that good cause exists therefor, it is hereby ordered that plaintiff herein be and he is hereby allowed to enter into and upon the land hereinafter described, with the necessary surveyors and their assistants, and to make survey and measurement thereof, for the purpose of [state purpose]. The land upon which plaintiff is so allowed to enter is described as follows: [description].

Please take notice that the defendant, C. D., requires security on the part of the plaintiff, A. B., for the costs and charges which may be awarded against said plaintiff in this action, in accordance with the statute in such case made and provided, on the ground that said plaintiff is a non-resident of this state [or a foreign corporation].

[DATE.]

[SIGNATURE.]

§ 917. Notice of application to perpetuate testimony.

[TITLE.]

Form No. 276.

To C. D., of . . . county of .

county of .., state of

dence is unknown]:

You and each of you are hereby notified that upon the written application of A. B., the deposition of M. N., of . . ., will be taken before the undersigned, judge of the . . . court for the county of . . . state of . . ., at his chambers in the courthouse in the city of . . ., in said county, on the . . . day of . . ., 19. ., at .. o'clock A. M. of that day, for the purpose of perpetuating the testimony of the said M. N. concerning the matter mentioned in the said application of said A. B.

[In California, in case it appears that any of the persons to be notified are non-residents of the state, or are unknown, add:] And it appearing satisfactorily that by reason of the nonresidence of the said O. P. [or other cause] it will be impossible to serve this notice upon him personally, it is ordered that this motion be served upon the clerk of the county of [name county wherein property is situated] and be published once a week for two months in the . . ., a newspaper printed and published in the city of. . ., county of. . . [county where applicant resides], which service and publication, when completed, shall be equivalent to personal service thereof upon said O. P.

§ 918. Notice of perpetuation of testimony, as against all persons, to be given by commissioner.

[TITLE.]

To C. D., of .

Form No. 277.

state of...,

[name all others known or

supposed to be interested], and to all other persons: You and each of you are hereby notified that the deposition of M. N., for the purpose of perpetuation of the testimony of said M. N. concerning the matter hereinafter named, will be taken by and before the undersigned, as commissioner, at [name place], on the... day of . ., 19 at . . . o'clock . . M., and that you and each of you may attend at said time and place and propose cross-interrogatories to said witness.

You are further notified that the subject-matter of said deposition, and of the testimony of said M. N., will be the claim of A. B. that he is the owner, and entitled to possession, of that certain parcel of land [describe same], and that C. D. and Y. Z. wrongfully occupy and withhold the same [or, state nature of subject, according to the fact].

[DATE.]

P. Q., Commissioner.

§ 919. Allegation of waiver of demand and notice before or at maturity.

Form No. 278.

..,

I. That heretofore one M. N. [or, M. N. & Co.] made his [their] promissory note in writing, dated on the . . . day of 19. ., and thereby promised to pay to the defendant [or, to the defendants, under their firm name of Y. Z. & Co., or order] . . dollars, . . . days after said date [or, on etc.].

II. That the defendant [indorser] [or, the defendants indorsers, under their said firm name] then and there [or, thereafter, and before this action] indorsed and delivered the same to the plaintiff [for value].

III. That thereafter, and before maturity [or, at maturity] of said note, said indorser [defendant] duly waived [in writing upon the back of said note] presentment to and demand of payment from said [maker] and notice to the defendant of the nonpayment thereof.

§ 920. Notice of acceptance of order to allow judgment.

Form No. 279.

Take notice that the plaintiff accepts the offer of the defendant dated . . 19. ., allowing him to take judgment in this action [for . . . dollars], with costs.

E. F., being duly sworn, says that he is the attorney for the plaintiff in the above-entitled action, and that the annexed offer

P. P. F. Vol. I-35

to allow judgment, made by the defendant, was served on him on the... day of . . . last; and that within ten days thereafter, to-wit, on the . . . day of . . . last, he served upon the defendant's attorney, G. H., Esq., the foregoing notice that plaintiff accepted the same, by delivering to and leaving with said. G. H. personally a true copy of the said last-named notice, at the office of the said G. H. in the city of. county of. aforesaid. [JURAT.]

§ 922. Judgment thereon.

Form No. 281.

E. F.

This action having been duly commenced and defendant, C. D. having been personally served with summons with a copy of the complaint attached thereto and the said defendant L. M. having appeared, and said defendants having offered in writing to allow the plaintiff to take judgment against them for [state the judgment offered], which offer the plaintiff, within ten days thereafter, duly accepted in writing; now, on motion of M. N., plaintiff's counsel: It is adjudged, that said plaintiff recover of said defendants. . . dollars [or other relief, according to the offer], dollars costs and disbursements, making together the sum of . . . dollars.

.

Dated,

By the court:

19 ..

N. O., Clerk.

§ 923. Notice of acceptance of offer to liquidate damages.

[TITLE.]

Form No. 282.

Take notice, that the plaintiff hereby accepts the offer of the defendant, that if he fail in his defense in this action, the damages of the plaintiff be assessed at the sum of . . . dollars.

[SIGNATURE OF PLAINTIFF'S ATTORNEY.]

[Address to defendant's attorney.]

§ 924. Judgment after trial of appeal from award.

[TITLE.]

Form No. 283.

This action being at issue and coming on for trial on [date] upon the appeal of A. B. from the award of the commissioners