To the Superior Court of the County of . . ., State of California: Pursuant to an order of this court in this action, made on the... day of . . ., 19 ., I, the undersigned court commissioner [or referee], report:

I. That I have been attended by the attorneys for the several parties who appeared in this action [name who appeared for plaintiff and who for defendant], and I proceeded to a hearing of the matter so referred. I further report that on such hearing, the books, deeds, papers, and vouchers of the said [partnership] have been produced before me, and both parties have rendered their respective accounts, which are hereto annexed, and marked "schedule A."

II. That I examined said . . . concerning the transactions [state what], and adjusted a mutual account between . . . and

making therein all just allowances, and striking a balance which shows what appears to be due from either party to the other, which said account is hereto annexed, marked "schedule B."

III. That said . . . owes to said partnership, etc. [state facts]. IV. That the balance shown by said schedule B [state its apportionment]. [DATE.]

[SIGNATURE.]

§ 1335. Referee's report on accounting in partnership cause.

Pursuant to an order of this court in this action, dated the . day of..., 19. ., I, the undersigned referee, report:

I. That having been attended by the attorneys for the several parties who appeared in this action, I proceeded to a hearing of the matter so referred. I further report that on such hearing, the books, deeds, papers, and vouchers of the said partnership having been produced before me, the defendant rendered his [or, both parties rendered their respective] accounts, which are hereto annexed, and marked schedule A.

II. That I examined said defendant, and also X. Y., concerning the transactions aforesaid, and adjusted a mutual account be

tween the plaintiff and defendant, making therein all just allowances, and striking a balance which shows what appears to be due from either party to the other, which said account is hereto annexed, marked schedule B.

III. That said defendant owes to said partnership at this date, the sum of . . . dollars, with interest from the . . . day of 19. . at the rate of . . . per cent per annum, amounting

to

. . . dollars, which sum I have allowed.

IV. That the balance shown by said schedule B, after defendant has made good to said partnership said sum, belongs to plaintiff and defendant in equal shares [or, in the following proportions, stating them].

[DATE.]

O. P., Referee.

§ 1336. Referee's report as to priority of creditors.

. .

:

Pursuant to an order of this court in this action, dated the day of..., 19. ., I, the undersigned referee, report: That I have been attended upon such reference by counsel for the plaintiff and for the defendants, and for M. N. and O. P., creditors of said firm of Y. Z. & Co.

That upon being served with a copy of the said order, I caused notice to be published [twice a week, for three weeks, in two daily newspapers of the city of New York, one published in the morning and one published in the afternoon], requiring all persons having any claim against the said firm to produce and prove the same before me at a place in said city, and by a time therein specified; copies of which notice, with affidavits of the publication thereof, are hereto annexed, marked schedule No. 1 and schedule No. 2.

That I also obtained from the defendant W. X. a list of the outstanding creditors of the said firm, made up by him while acting as assignee thereof, and which he testified was correct, to the best of his knowledge, information, and belief; and I caused duplicates of the said notice to be served upon all of such creditors, either personally or by being left at their place of business, or when such creditors were a firm, now dissolved, to be served as aforesaid upon one of the members of such creditor

II. I further report, that the creditors of the said firm of Y. Z. & Co., and the amounts at the date of this my report found due to them, respectively, are as follows: [Designating names and amounts.]

III. I further report, that of the said creditors, M. N., above mentioned, is entitled to be preferred to all the others to the extent of... dollars, being the amount [specifying nature of claim and grounds of preference]; that except as to the said sum of . . . dollars, all the said creditors, including the said M. N., are entitled to be paid ratably and proportionately out of the assets of the firm of Y. Z. & Co., and that neither ought to be postponed to any other in whole or in part, except as aforesaid. IV. I further report, that one, and one only, of the said claims is contested by either party, or by any creditor,-namely, the said claim of O. P.; that the facts relative to the said claim are as follows: [stating the facts and continuing]; and that I found the facts in respect thereto to be as above stated and decided, and do report that, by virtue of the facts above stated, the said. O. P. has a valid claim against the said Y. Z. & Co., for the amount stated in the seventh item of the second article of this my report, being the sum of . . . dollars, with interest thereon from the said 19 ..

[DATE.]

day of

[SIGNATURE.]

§ 1337. Notice of motion for reference to obtain surplus moneys on foreclosure sale.

[TITLE]

Form No. 434.

Take notice, that upon the annexed affidavit of W. X., and upon the pleadings and proceedings on file in this action, the undersigned will move the . . . court on the . . . day of . . 19.., at . . . o'clock A. M., or as soon thereafter as counsel can be heard, that it be referred to R. F., Esq., of . . ., to ascertain and report the amount due to the said W. X., or to any other person, which is a lien upon such surplus moneys, and as to the priority of the several liens thereon, and for such other relief as may be just.

[DATE.]

M. N., Attorney for said W. X.

[Addressed to every party who has appeared or filed notice of claim.]

§ 1338. Order of reference of claims to surplus moneys.

[TITLE.]

Form No. 435.

On reading and filing notice of claim by W. X. to surplus moneys in this action, and on motion of M. N. for the said W. X., and O. P. having been heard for [or, and on reading and filing proof of due service of notice of this application on] all the parties who have appeared or who have served notice of claim of such moneys, in opposition:

Ordered, that it be referred to R. F., Esq., of . . ., as a referee, to ascertain and report the amount due to the said W. X., or to any other person, which is a lien upon such surplus moneys, and to ascertain the priorities of the several liens thereon; and that the said referee report thereon with all convenient speed.

...

:

Pursuant to an order of this court in this action, dated the . . day of . . ., 19. ., I, the undersigned referee, report: I caused all the parties who have appeared in this action, and all persons having filed notice of claim upon such surplus moneys, to be summoned to appear before me, as appears by the certificate of the clerk, showing what notices of claim have been filed, and by the summons and proof of service, which are annexed and marked schedule A; and that on the hearing I was attended by M. N., for W. X., and by O. P., for the defendant Y. Z.

The amount of such surplus moneys is . . . dollars, as appears by the certificate of the clerk of this court, hereto annexed as schedule B.

[Then set forth the claims, the evidence or facts proved, and any objections interposed, and then the conclusion of the referee, -e. g. thus:]

And I find the foregoing facts, and from the facts so found I report that said W. X., under and by virtue of the sheriff's deed to him, is the owner of the equity of redemption of said premises, and, as such owner, he is entitled to the whole of said

surplus moneys, and that there is no lien or claim thereon prior to the lien and claim of said W. X.

[DATE.]

§ 1340. Notice of filing report of referee.

[TITLE.]

Form No. 437.

R. F., Referee.

...

Sir: Please take notice, that on the . . . day of . . 19 M. N., the referee appointed to try the issues herein, filed in the office of the clerk of said court his report, and that a copy of his findings of fact and conclusions of law as contained in said. report are hereto annexed and herewith served on you.

19. .,

And now comes the plaintiff [or, defendant], and excepts to the report of M. N., referee in said action, dated . . ., as follows:

I. He excepts to the first finding of fact in said report contained [or, if the exception be to a part of the finding: to that part of the first finding of fact], which reads as follows: [insert part excepted to.]

II. [Proceed in same way as to other findings excepted to.] III. [If the exception be based upon a failure to find as to any specific fact:] He excepts to the said report for the reason that the said referee failed to find [here state fact omitted]. [DATE.]

O. P., Plaintiff's [or, Defendant's] Attorney.

[The object of the motion may be stated thus after formal parts:] That M. N., the referee in this action, be required to