Imágenes de páginas
PDF
EPUB

the country properties, which are very susceptible of improvement. Never, however, will these proceeds to the extent that they can be turned into cash suffice of themselves alone for the endowment of the missions and other uses for which they were intended. In order to

fulfill this completely, it would be necessary to add to them the properties of the missions of the Philippines, which certainly can not be applied to a purpose more analogous, nor more in conformity with the original will of the founders.

Document No. 3 (número 3), Transcript, page 220, is a recital of some of the capitals of the Pious Fund, which up to 1827 was invested as there indicated.

The next table shows the yearly proceeds and expenses of the hacienda Cienega del Pastor for the years therein indicated. Then follows a list of some of the amounts due the Pious Fund of California by the national treasury, together with their unpaid interest, until the year 1842. This corresponds in the main with the inventory presented by Don Pedro Ramirez.

POWERS OF ATTORNEY FROM THE BISHOPS OF SACRAMENTO AND MONTEREY TO THE ARCHBISHOP OF SAN FRANCISCO.

SACRAMENTO, CAL., July 30, 1902.

Most Rev. P. W. RIORDAN, Archbishop of San Francisco.

MOST REVEREND DEAR ARCHBISHOP: I enclose herewith my general power of attorney. You may need it before the arbitral court of the Pious Fund claim at The Hague. By this I appoint you to act in my stead for the collection of said moneys of the Pious Fund.

Yours truly in Christ, [CORPORATE SEAL.]

THOMAS GRACE,

Roman Catholic Bishop of Sacramento.

Know all men by these presents, that the undersigned, the Roman Catholic Bishop of Sacramento, a corporation sole, has made, constituted, and appointed, and by these presents does make, constitute, and appoint Most Rev. Patrick W. Riordan, archbishop of San Francisco, its true and lawful attorney for it and its name, place, and stead, and for its use and benefit, to ask, demand, sue for, recover, collect, and receive all such sums of moneys, debts, dues, accounts. legacies, bequests, interests, dividends, annuities, and demands whatsoever as are now or shall hereafter become due, owing, payable, or belonging to it; and have, use, and take all lawful ways and means in its name, or otherwise, for the recovery thereof, by legal process, and to compromise and agree for the same, and acquittances or other sufficient discharges for the same, for it and in its name, to make, seal, and deliver; to bargain, contract, agree for, purchase, receive, and take lands, tenements, hereditaments, and accept the seisin and possession of all lands and all deeds and other assurances in the law thereof; and to lease, let, demise, bargain, sell, remise, release, convey, mortgage, and hypothecate lands, tenements, and hereditaments upon such terms and conditions, and under such covenants as he shall think fit.

Also to bargain and agree for, buy, sell, mortgage, hypothecate, and in any way and in every way and manner deal in and with goods, wares, and merchandise, choses in action, and other property in possession or in action; and to make, do, and transact all and every kind of business of what nature and kind soever; and also, for it and in its name, and as its act and deed, to sign, seal, execute, deliver, and acknowledge such deeds, leases, assignments of leases, covenants, indentures, agreements, mortgages, hypothecations, bottomries, charter parties, bills of lading, bills, bonds, notes, receipts, evidences of debt, releases and satisfactions of mortgage, judgment and other debts, and such other instruments in writing of whatever kind and nature as may be necessary or proper in the premises.

Giving and granting unto its said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as it might or could do if personally present, hereby ratifying and confirming all its said attorney shall lawfully do or cause to be done by virtue of these presents.

In witness whereof the undersigned, the Roman Catholic Bishop of Sacramento, a corporation sole, has caused these presents to be executed by the incumbent thereof, and the corporate seal to be thereunto affixed this 30th day of July, in the year 1902.

[SEAL OF CORPORATION.]

THE ROMAN CATHOLIC BISHOP OF SACRAMENTO,
THOMAS GRACE, Incumbent.

Signed, sealed, and delivered in the presence of-

WM. H. DEVLIN.

MALCOLM C. GLENN.

[merged small][merged small][ocr errors][ocr errors]

On this 30th day of July, in the year one thousand nine hundred and two, before me, William H. Devlin, a notary public in and for the said county, residing therein, duly commissioned and sworn, personally appeared Thomas Grace, known to me to be the incumbent of the corporation sole, The Roman Catholic Bishop of Sacramento, the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

In witness whereof I have hereunto set my hand and affixed my official seal at my office in the county of Sacramento the day and year in this certificate first above written. [NOTARIAL SEAL.]

WM. H. DEVLIN,

Notary Public in and for the County of Sacramento,
State of California.

Know all men by these presents, that The Roman Catholic Bishop of Monterey, in the State of California, a corporation sole (the Right Reverend George Montgomery being the incumbent and as such bishop successor of Thadeus Amat, deceased), has made, constituted, and appointed, and by these presents does make, constitute, and appoint the Most Reverend P. W. Riordan, archbishop of San Francisco, his true and lawful attorney, to represent him, and in his name, as such

bishop, to make to the Secretary of State of the United States and to any other officers or diplomatic agents of the same such communications as may be desired of his wishes, election, or consent to any act, agreement, election, or other proceeding had or taken or to be had or taken by the Government of the United States towards bringing to a conclusion and settlement, whether by arbitration or otherwise, the controversy between the Government of the United States and that of the Republic of Mexico regarding the claim made by the Roman Catholic archbishop of San Francisco and himself as Roman Catholic bishop of Monterey, against the Republic of Mexico for payment of the arrears due for the Pious Fund of the Californias heretofore taken possession of by the said Government of Mexico; and to agree, in his name, on any nomination of arbitrators or umpire and the place of arbitration and other details of the arbitration of said controversy proposed to be had between the said Governments; and also to agree upon any compromise or settlement of the said claim, or any claim for further payments on account of the said fund, or for the release of the said Republic therefrom; and for all or any of the purposes aforesaid to consent to and as such attorney to execute any papers or documents needed in the course of said business and to affix his signature thereto; and an attorney or attorneys under him for all or any of the purposes above expressed to appoint; and all or any of the powers so granted by him to any such subordinate attorneys to condition, limit, or revoke at his discretion, and counsellors at law for any of the purposes aforesaid or other needed assistance to retain, agree upon the compensation of, and dismiss in his discretion.

Giving and granting unto the said attorney and his substitute or substitutes full power and authority in the premises to do or cause to be done any of the acts aforesaid which the said Roman Catholic Bishop of Monterey might or could do if personally present and acting; hereby ratifying and confirming all that said attorney or his substitute or substitutes shall lawfully do or cause to be done hereinunder. In witness whereof the corporate seal of the said corporation. The Roman Catholic Bishop of Monterey, has been hereto affixed and these presents duly signed by the said Right Reverend George Montgomery, incumbent of said bishopric, this 23rd day of January, A. D. 1902. THE ROMAN CATHOLIC BISHOP OF MONTEREY, A Corporation Sole, BY THE RIGHT REVEREND GEORGE MONTGOMERY,

[SEAL.]

Witnesses:

JOHN J. CLIFFORD,

CLEMENT MOLONY.

UNITED STATES OF AMERICA,

State of California, County of Los Angeles, ss:

Incumbent.

I, J. Wiseman Macdonald, a notary public in and for the said county, an officer having authority to take the acknowledgment of deeds, do certify that on the 24th of February, A. D. 1902, before me, came the Right Reverend George Montgomery (a corporation sole), known to me to be the same person described in, and who, as such corporation sole, executed the foregoing warrant of attorney and acknowledged to me that he executed the same as such corporation sole, for the uses and purposes therein mentioned, by affixing thereto the cor

porate seal of the said corporation, and attesting the same by his signature. The said George Montgomery also then and there acknowledged that he had so executed said warrant of attorney in the presence of John J. Clifford and Clement Molony, the two witnesses whose names are subscribed thereto as such. And I further certify that at the time of making such acknowledgment I read and fully explained said warrant of attorney to the said George Montgomery.

In witness whereof I have hereunto set my hand and affixed the official seal of my office in said county of Los Angeles the day and year in this certificate above written.

J. WISEMAN MACDONALD, Notary Public in and for Los Angeles County, Cal.

PROOF OF SUCCESSION OF THE MOST REVEREND PATRICK WILLIAM RIORDAN, ARCHBISHOP OF SAN FRANCISCO.

[In the matter of "the Roman Catholic archbishop of San Francisco," a religious corporation soie.]

STATE OF CALIFORNIA,

City and County of San Francisco, ss:

DECLARATION AND NOTICE OF CORPORATE SUCCESSION.

Whereas the Roman Catholic archbishop of the archdiocese of San Francisco did heretofore, under and by virtue of the act of the legislature of the State of California entitled "An act concerning corporations," passed April 22, 1850, and of the act amendatory thereof, approved May 4, 1852, become a religious corporation sole by the title of "The Roman Catholic Archbishop of San Francisco," for the purpose of the administration of the temporalities of the Roman Catholic Church in the said archdiocese of San Francisco, and the management of the estate and property of said church;

And whereas the proper certificate or declaration of such incorporation was heretofore duly made by Most Rev. Joseph S. Alemany, who at the time was the duly appointed Roman Catholic archbishop of the said archdiocese:

And whereas the said declaration, together with the bull or commission of his appointment as such archbishop, was, on the twenty-fourth day of February, A. D. 1854, duly recorded with the county clerk of the city and county of San Francisco, State of California, the said city and county being the see and place of residence of the said archbishop; And whereas the said Most Rev. Joseph S. Alemany has resigned his said see and office of archbishop of said archdiocese;

And whereas the Most Rev. Patrick William Riordan is the present incumbent of said see and of said corporation;

Now therefore we, the undersigned, the said Joseph S. Alemany, the said former incumbent, and the said Patrick William Riordan, the said present incumbent, do hereby certify and declare:

That the said Most Rev. Patrick William Riordan was, by the constituted authorities of said church, viz, His Holiness Pope Leo XIII, on the seventeenth day of July, in the year of our Lord one thousand eight hundred and eighty-three, duly appointed archbishop coadjutor of said archdiocese with the right of succession to said see and to said

office of archbishop of said archdiocese on the occurrence of a vacancy therein;

That the said Most Rev. Joseph S. Alemany thereafter duly resigned his said appointment, and his resignation was duly accepted on the twenty-first day of December, in the year of our Lord one thousand eight hundred and eighty-four, by the constituted authorities of said church, viz, His Holiness Pope Leo XIII;

That the said Most Rev. Patrick William Riordan thereupon became the successor of said Most Rev. Joseph Alemany as such archbishop; and as such has become and is now entitled to hold, manage, and administer the temporalities, property, and estate of said Roman Catholic Church in said archdiocese;

That a copy of the bull or letter of commission, in the Latin language, appointing said Patrick William Riordan such archbishop coadjutor with said right of succession, duly attested, together with a true and sworn translation thereof, has been recorded with the said county clerk, together with a copy, duly attested, of the letter of acceptance of the said resignation of said Joseph S. Alemany, in the Latin language, and a true and sworn translation thereof;

And we, the undersigned, the said Joseph S. Alemany, the former incumbent, and said Patrick William Riordan, the present incumbent, do hereby certify to all and singular the premises, and give notice thereof to all persons whom it concern; and we further give notice and declare that all the property heretofore held by said Joseph S. Alemany, as such corporation, is now held by said Patrick William Riordan, as his successor and as such corporation, in trust for the use, purpose, and behoof of said Roman Catholic Church, and that the said Joseph S. Alemany, the former incumbent of said office and corporation, has delivered and surrendered to his successor, the said Patrick William Riordan, the present incumbent of said office and corporation, all property and all archives, books, papers, and the corporate seal of said corporation.

In witness whereof, we have hereunto subscribed our names this 25th day of March, A. D. 1885, and have acknowledged these presents before a notary public; and I, the said Patrick William Riordan, as present incumbent, have also signed hereto the corporate name of said corporation, and affixed hereto its corporate seal, and have also acknowledged these presents as the act of said corporation.

[SEAL.]

JOSEPH S. ALEMANY.

PATRICK WILLIAM RIORDAN.

ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO.

STATE OF CALIFORNIA,

City and county of San Francisco, ss:

On this 25th day of March, in the year of our Lord one thousand eight hundred and eighty-five, before me, John E. Hamill, a notary public of the State of California, in and for said city and county of San Francisco, duly commissioned, personally appeared Joseph S. Alemany and Patrick William Riordan, known to me to be the persons whose names are subscribed to the within instrument, and each of them for himself, respectively, acknowledged to me that he executed the same; and at the same time personally appeared the said Patrick William Riordan, the present incumbent of the corporation described in said instrument, viz, "The Roman Catholic Archbishop

« AnteriorContinuar »