said land of defendant, and none of said water flowed on or over said land of plaintiff;

IV.

That near the time of the commencement of the cropping season of the defendant constructed and has ever since maintained on his said land and on or near the boundary line thereof, dams and a levee which prevented and prevents waters, during times of high water, from flowing on and over said land of defendant, when, were it not for said dams and levee such waters would have flowed on and over the land of defendant. And defendant by said dams and levee caused and causes such waters to be diverted to, and to flow on and over the land of plaintiff, when were it not for such dams and levee they would not have flowed, or flow, on or over said land of plaintiff;

V.

That during said cropping season of

plaintiff had on

his said land large growing crops of wheat and barley which plaintiff owned, and which were, when the injury hereinafter mentioned was caused to plaintiff's said crops and land, of the value of dollars;

VI.

That in the month of

a large body of waters, which, were it not for said dams and levee, would have flowed on and over said land of defendant, and would not have flowed on or over said land of plaintiff, were by said dams and levee diverted from their natural course, and were caused to flow over said land of plaintiff, and his said growing crops thereon, whereby said land of plaintiff and his said growing crops thereon were greatly injured to plaintiff's damage, dollars.

WHEREFORE plaintiff demands judgment that said dams and levee be abated and that defendant be enjoined and restrained from maintaining the same, and for judgment against defendant for dollars, and for plaintiff's costs of suit.

G H,

Attorney for Plaintiff.

Should the plaintiff wish to have subsequent pleadings in an action verified, he must verify or have verified his complaint; and such verification should

be as follows:

being duly sworn, deposes and says that he is the plaintiff in this action, that he has read [or heard read] the foregoing complaint, and knows the contents thereof, and that the same is true of his own knowledge except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true.

being duly sworn, deposes and says that he is the attorney of the plaintiff in this action, and 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 the matters which are therein stated on information or belief, and as to those matters that he believes it to be true. That the reason this verification is not made by the plaintiff is that he is absent from the county of which is the county in which deponent resides.

[Jurat.]

Signature.

If the facts stated in the pleadings are within the knowledge of any person he may verify a pleading, stating the reason therefor. Similar forms may be used for the verification of a petition or an answer.

BUDD--31

FORM NO. 87.

AFFIDAVIT SHOWING THE SERVICE OF A SUMMONS BY A PRIVATE PERSON.

[Venue.]

E F being duly sworn, deposes and says: That he served the within summons [or the summons to which this affidavit is attached] on C D, named therein as defendant. That at the time of such service affiant was over the age of eighteen years, and that he is not a party to the action named in said summons. That he served said summons on said defendant C D personally on the day of in the county of in this state, by then and there delivering to said defendant C D personally a true and correct copy of said summons, and by then and there delivering to said defendant C D personally, with said summons, a true and correct copy of the complaint in the action named in said summons.

[Jurat.]

FORM NO. 88.

E F.

AFFIDAVIT FOR AN ORDER FOR THE SERVICE OF A SUMMONS BY PUBLICATION.

[Name of Court.]

[Venue.]

A B being duly sworn, deposes and says: That he is the plaintiff in this action; that a verified complaint has been filed in the action, and a summons has been issued therein, and was delivered to the sheriff of county, in which county the defendant C D last resided while he resided in this state, and that said summons has been returned and filed, with the return of said sheriff thereon that said defendant could not be found

in said county;

That the defendant C D in the action named in said summons departed from this state on the day of, and stated to affiant when he departed from the state that he should not return to the state; that on the day of affiant received a letter from said defendant dated and postmarked at

in

the state of New York, in which he again stated that he would not return to this state. And affiant verily believes such statements to be true, and that said defendant is absent from the state of California, and that personal service of said summons cannot be made on him in this state; and therefore affiant asks for an order that service of the summons in the action may be made on the defendant by publication.

[Jurat.]

A B.

The affidavit for the order should state probative facts upon which the ultimate facts depend.

FORM NO. 89.

ORDER FOR SERVICE OF THE SUMMONS IN AN ACTION, BY PUBLICATION.

[Name of Court.]

On reading and filing the affidavit of A B the plaintiff in this action, and on reading the verified complaint on file in this action, and it appearing to my satisfaction therefrom that a cause of action exists against said defendant C D, and that he is a necessary party to this action; and it further appearing to my satisfaction from said affidavit that said defendant C D has departed from this state, and that he cannot be found in this

state.

IT IS ORDERED that the service of the summons in this action on said defendant C D be made by publication of the summons at least once a week for two months in

published in

a newspaper

and which is designated as most likely to

give notice to said defendant C D;

And it appearing to me that the last known place of residence of the defendant CD was at in the state of New York, it is further ordered and directed that a copy of the summons and complaint in the action be forthwith deposited in the postoffice, postage prepaid, directed to said defendant C D at in the state of New York, his said last known place of

residence.

[Date.]

Judge.

AFFIDAVIT OF MAILING A COPY OF SUMMONS AND COM.

[Name of Court.] [Venue.]

PLAINT.

being duly sworn, says: That he is the attorney for the plaintiff in this action; that he mailed a copy of the summons issued in this action, and copy of the complaint therein attached to said copy of the summons, by depositing the same, enclosed in an envelope, postage prepaid, in the postoffice at on the day of, directed to the defendant C D at

in the state of New York; and that there is a regular communication by mail between said two places.

[Jurat.]

Signature.