Gambar halaman
PDF
ePub

CANADA-CONTINUED.

executed in presence of witnesses, one or all of such witnesses must make an affidavit of the authenticity of the signatures before the mayor or chief magistrate of the locality, who must give a certificate to that effect, which certificate should then be authenticated by the nearest British consul. All such matters, as the number of witnesses, seals, etc., may be governed by the laws of the place of execution. If the authenticity of any such deed is questioned, it must be proved by evidence taken at the place of its execution by a commissioner appointed by the Court.]

95. Form of acknowledgment in Upper Canada.

STATE OF
County of

}

(Province of Ontario.)

Proof by subscribing witness.

SS.

I, [here insert name, residence, additional occupation or calling of the subscribing witness in full] make oath and say: 1. That I was present and did see the within [or annexed] deed [mortgage or other instrument] and a duplicate thereof [if the fact] duly executed, signed, sealed, and delivered, by A B and C D, the parties [or two of the parties] thereto. 2. That the said instrument and duplicate were executed at 3. That I know the said parties so executing the said instrument. 4. That I am a subscribing witness to the said execution of the said instrument and duplicate.

[Signed] E

F.

I, GH, of, etc., a notary public within and for, [or a judge or mayor, etc.] do hereby certify that the above named affidavit was duly taken, subscribed, and sworn to before me by the above named E F, on the

[merged small][ocr errors]

day of

A. D. 18.

at the

[ocr errors]

of

In testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year last aforesaid.

[Signature and title.]

[Proof of deeds, mortgages, etc., for registration, is to be made by affidavit on the instrument, or securely attached to it, as follows: Within the Province, before any commissioner for taking affidavits, before the registrar of deeds or his deputy, or before a judge of any of the Superior Courts, or a County Court. In Great Britain, before a judge of the Superior Courts, or of a County Court, or the mayor or chief magistrate of any city, borough, or town corporate, certified under the common seal of such city, etc., or a commissioner appointed for taking affidavits in any of the Courts of Record of the Province. In any foreign country [as in the United States] before the mayor of any city, borough, or town corporate, certified under the common seal; or before any British consul or

CANADA-CONTINUED.

vice-consul resident in such country; or before a judge of Court of Record, or a notary public, certified under his official seal.

If different parties sign before different subscribing witnesses, each witness must make an affidavit as to the execution by the parties whose execution he attests, or the deed cannot be registered.]

FORMS OF AFFIDAVITS.

96.

VERIFICATION OF PLEADING.

As used in New York.

COUNTY OF NEW YORK, ss.
City of New York,

George Reed, of said city, being duly sworn, says: That he is the plaintiff [or defendant] in the above entitled action; that the foregoing complaint [or answer, or reply] is true to his own knowledge, except as to those matters stated therein on information and belief, and as to those matters he believes it to be true.

97.

Sworn to before me this

day of

18

GEORGE REED.

HOLLAND SMITH,

As used in California.

CITY AND COUNTY OF SAN FRANCISCO, SS.

Notary Public.

George Reed, being duly sworn, deposes and says: That he is the plaintiff [or defendant] in the above entitled action; that he has read [or heard read] the foregoing complaint, [or answer, or reply] and knows the contents thereof, and the same is true of his own knowledge, except as to those matters therein stated on his information and belief, and as to those matters he believes it to be true.

Subscribed and sworn to before me this [Seal.]

GEORGE REED. day of, 18————. HOLLAND SMITH,

Notary Public.

[A party who swears to the truth of a pleading, thereby affirms a knowledge of its contents, even though his affidavit does not contain the statement that he has read or heard it read, and knows the contents thereof. Patterson v. Ely, 19 Cal. 28.]

98.

By two parties not united in interest.

CITY AND COUNTY OF

SS.

James Jackson and John Jones, being severally duly sworn, each for himself deposes and says: That he is one of the above named

plaintiffs. [or defendants]; that he has read [or heard read] the foregoing complaint, [or answer, or reply] and knows the contents thereof, and the same is true of his own knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true.

Subscribed and sworn to before me this

JAMES JACKSON,
JOHN JONES.

[blocks in formation]

99.

Verification by an attorney or agent.

[The codes of procedure, in the modern practice, provide for the verification of a pleading by the attorney in fact or agent of a party who is absent from the county where the pleading is verified, when such attorney or agent has knowledge of the facts, enabling him to make the verification.]

[blocks in formation]

James Reed, being duly sworn, deposes and says [the word "deposes" is generally inserted in California]: That he resides in the [city and] county of and is the agent of the plaintiff [or defendant] in the above entitled action; that he has read [or heard read] the foregoing complaint, [or answer, or reply] and knows the contents thereof, and the same is true of his own knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true; that the said plaintiff [or defendant] is absent from the [city and] county of where his attorney resides; and the facts are within the knowledge of this affiant.

[In New York, and some other States, it is the practice to state, after this, the grounds of the deponent's knowledge, but this is not required in California.]

JAMES REED. day of HOLLAND SMITH,

Subscribed and sworn to before me this

187

Notary Public.

100.

STATE OF

County of

By agent or attorney who holds note or bond.

:}

SS.

James Reed, being duly sworn, deposes and says: That he is the attorney [or agent] of the plaintiff in the above entitled action, for the purpose of collecting the amount sued for therein; that the foregoing complaint is true of his own knowledge, [of course, it is unnecessary to say the attorney read the complaint, if he has drawn it] except as to those matters therein stated on information and belief, and as to those matters he believes it to be true; that the reason this verification is not made by the said plaintiff is that the

action is founded upon a written instrument for the payment of money only, and such instrument is in the possession of deponent; from which said instrument and statements made by the plaintiff to deponent, deponent's knowledge and belief are derived.

Subscribed and sworn to before me this

187

JAMES REED.

day of Notary Public.

HOLLAND SMITH,

[blocks in formation]

101. Deposition for proof of debt in bankruptcy without security. IN THE DISTRICT COURT OF THE UNITED STATES, FOR THE

[blocks in formation]
[ocr errors]

on the

[ocr errors]

SS.

[ocr errors]

and State before me, Holland

in the county of
A. D, 18-
day of

Smith, a notary public for the State of California, residing in the city of San Francisco, and duly commissioned and sworn, personally came James Reed, of in the county of and State of and made oath and says: That the said Richard Roe, the person against whom a petition for adjudication of bankruptcy has been filed, at and before the filing of the said petition, was and still is justly and truly indebted to this deponent in the sum of dollars, for and on account of [here insert a particular account of the indebtedness] which is the true consideration for said indebtedness, no part of which has been paid; for which said sum of dollars, or any part thereof, this deponent says that he 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 satisfaction or security whatsoever, nor has any note, or other evidence of indebtedness, ever been given for the same.

And this deponent further says: That the said claim was not procured for the purpose of influencing the proceedings under the Act of Congress, entitled, "An Act to establish a uniform system of bankruptcy throughout the United States," approved March 2d, 1867; that no bargain or agreement, express or implied, has been made or entered into, by or on behalf of this deponent, to sell, transfer, or dispose of said claim, or any part thereof, against said bankrupt; or to take or receive, directly, or indirectly, any money, property, or consideration whatever, whereby the vote of this deponent for assignee, or any action on the part of this deponent, or NOTARIES-14.

« SebelumnyaLanjutkan »