together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining. In witness whereof, we have hereunto set our hands and seals this day of A. D. 188-. The abandonment must be acknowledged and should be recorded as the declaration. The acknowledgment may be substantially as follows: and for said County [if a Notary Public, duly commissioned and sworn], personally appeared the above-named John Jones and Sarah A. Jones, his wife, to me known to be the persons named in and who executed the above [or annexed] instrument as parties thereto, and they severally acknowledged to me that they executed the same freely and voluntarily for the uses and pnrposes therein mentioned; and the said Sarah A. Jones, after being by me made acquainted with the contents of said instrument, upon an examination had separate and apart, from and without the hearing of her said husband, acknowledged .to me that she executed the same freely and voluntarily, and without fear or compulsion or undue influence of her husband, and that she does not wish to retract the execution of the same. In witness whereof, I have hereunto set my hand [and affixed my official seal] the day and year in this certificate above written. [L. S.] A. K. STEARNS, The following are statutory forms of Acknowledgment provided by the Civil Code of California, and must be substantially complied with: -, in the year insert the name and quality of the office] 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. insert the name and quality of the officer] personally appeared known to me [or proved to me on the oath of -] 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. Form 209.-By a Married Woman. State of California, } SS. On this day of in the year before me [here insert the name and quality of the officers] 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, described as a married woman; and upon an examination without the hearing of her husband, I made her acquainted with the contents of the instrument, and thereupon she acknowledged to me that she executed the same, and that she does not wish to retract such execution. Form 210.-By an Attorney in Fact. State of California, } SS. On this day of -] to be insert the name and quality of the officer] personally appeared known to me [or proved to me on the oath of 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 own name as attorney in fact. thereto as principal, and his Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also their seals of office, if by the laws of the State or country where the acknowledgment or proof is taken, or by authority of which they are acting, they are required to have official seals. The certificate of proof of acknowledgment, if made before a Justice of the Peace, when used in any county other than that in which he resides, must be accompanied by a certificate under the hand and seal of the Clerk of the County in which the Justice resides, setting forth that such Justice, at the time of taking such proof or acknowledgment, was authorized to take the same, and that the Clerk is acquainted with his handwriting, and believes that the signature to the original certificate is genuine. In this action, the defendant, Richard Roe, having been regularly served with process, and having failed to appear and answer to 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 Richard Roe, defendant, having been duly entered according to law, upon the application of said plaintiff [to the clerk], judgment is hereby entered against said defendant, in pursuance to the prayer of said complaint. Wherefore, by virtue of the law and by reason of the premises aforesaid, it is ordered, adjudged, and decreed, that John Doe, the said plaintiff, do have and recover from the said defendant, Richard Roe, the sum of dollars, etc., with interest thereon at the rate of per cent. per, from the date hereof until paid; together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of dollars [in gold coin]. Judgment rendered this Form 213.-Judgment by the Court, without Jury. A. D. 18—, , day of, Esq., appearing as counsel for the plaintiff, and , Esq., for the defendant. A trial by jury having been expressly waived by the respective parties, the cause was tried before the Court sitting without a jury; whereupon witnesses on the part of plaintiff and defendant were duly sworn and examined, and the evidence being closed, the cause was submitted to the Court for consideration and decision; and after due deliberation thereon, the Court orders that wherefore by reason of the law and the premises aforesaid, it is ordered, adjudged, and decreed by the Court, that John Doe, the plaintiff, do have and recover of and from Richard Roe, the defendant,, together with said plaintiff's costs and disbursements incurred in this action, amounting to the sum of dollars, etc. I, the undersigned, Clerk of said Court, do hereby certify the foregoing to be a true copy of the judgment entered in the above-entitled action. Attest my hand and the seal of said Court, this A. D. 188. [L. S.] day of Form 215.-Judgment on Verdict in Open Court. This cause came on regularly for trial. The said parties appeared by their respective attorneys,, Esq., counsel for plaintiff, and, Esq., for the defendant. A jury of [twelve] persons was regularly impaneled and sworn to try said action. Witnesses on the part of 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, and being called, answered to their names, and say, "We, the jury in this cause, find a verdict for the[Set out the words of the verdict.] Wherefore, by virtue of the law, and by reason of the premises aforesaid, it is ordered, adjudged, and decreed that said have and recover from said together with his costs and disbursements incurred in this action, amounting to the sum of dollars. Judgment recorded the 188-, on page of Book of Judgments. day of A. D. Form 216.-Decree of Foreclosure and Sale in Open day of A. D. 188—, upon the complaint filed herein on the day of 188-, and upon due proof of the filing of notice of the pendency of this action, containing the names of the parties to, and the objects of, the action, and a description of the property affected thereby, upon the day of, A. D. 188 [the time of filing said complaint], in the office of the County Recorder of the county of, where said property is situated, and recording the same in said Recorder's office, and upon the submission of the promissory note and mortgage described in the complaint to the Court for examination, and the Court having heard the proofs necessary to enable it to render judgment herein; and it duly appearing to the Court from said promissory note and mortgage, and from the testimony of |
