the

In witness whereof, I have hereunto set my hand and seal, , one thousand eight hundred and sixty.

day of

Signed, sealed, and delivered

in presence of

}

A. B. [L. 8.]

Power of Attorney to Sell and Manage Real Estate.

Know all men by these presents: That I, Frank W. Gross, of the city and county of San Francisco, state of California, have made, constituted, and appointed, and by these presents do make, constitute, and appoint James P. Garvey, of the same place, my true and lawful attorney, for me and in my name, place, and stead, to enter into and take possession of all real estate that I now own or may hereafter acquire in the state of California, and to lease the same, from time to time, upon such terms and conditions, and for such rent as he may deem expedient; and to collect and receive the rents thereof; and also to sell and convey my said real estate, or any part thereof, for such price and upon such terms and credits as he may deem expedient, and also to borrow money for my use upon such terms and interest as he may deem advisable, and as security for the repayment of the same, to mortgage and pledge my said real estate, or any part thereof. And for the purposes aforesaid, I hereby authorize and empower my said attorney to make, execute, and deliver all requisite leases, deeds, promissory notes, bonds, agreements, mortgages, or other instruments under seal or otherwise, giving and granting unto my 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 I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney, or his substitute, shall lawfully do or cause to be done by virtue hereof.

In witness whereof, I have hereunto set my hand and seal, the tenth day of June, in the year of our Lord one thousand eight hundred and fifty-nine. FRANK W. GROSS. [L. S.]

Full Commercial Power, with Authority to Sell, &c., Real

Estate.

Know all men by these presents, that I, A. B., of have made, constituted and appointed, and by these presents do make, constitute and appoint C. D., of

" my true and lawful attorney, for me, and in my name, and on my behalf, to ask, demand, recover and receive, all and any sum or sums of money, debts, dues, merchandise or effects, due, payable, coming or belonging, or which may at any time be due, payable or

belonging to me, from any person or persons whatsoever; to sell all or any part of such goods, merchandise and effects which may come to his possession or knowledge, on such credit and for such prices as he may deem meet; to purchase any goods, merchandise, specie or other commodities on my account, for such prices and to such amount as he may deem meet, and the same to sell again for my benefit and on my account, for any prices whatsoever, to ship or transport the same, or any part thereof, on my behalf and account, to any post or posts, place or places whatsoever, in any vessel or vessels, and with and to any person or persons whatsoever, and there barter, exchange and dispose of the same; to insure and cause insurance to be made, of any such goods, merchandise, specie or other commodities, or of any part thereof, at such premiums and for such risks as he may deem meet; to except any bill or bills of exchange or orders, make and execute any note or notes of hand, bond or bonds, or other instruments or contracts, in my name and on my account, to and for any amount which he may deem meet or expedient; to sell, barter, exchange or dispose of any real estate of which I am now seized or possessed in fee simple, or for any less estate, to any person or persons, for any price or in any manner whatsoever, and for these purposes to execute and acknowledge any deed or deeds, lease or leases, or other assurance or assurances, with general covenants of warranty against all persons, or any other covenants whatsoever, as he may deem expedient; to purchase any real estate on my account, in fee simple or otherwise, at any price or any exchange whatsoever, and for these purposes to receive, confirm, make and execute any contracts, deeds, conveyances or other instruments whatsoever; to settle and adjust all partnership accounts and demands, and all other accounts or demands now subsisting, or which may hereafter subsist between me and any person or persons whatsoever, and submit the same to and decide them by arbitration; to compound for any debts, dues or demands owing, or which may hereafter be owing to me, and to take less than the whole, or otherwise to agree for the same, in such manner and on such terms as he, in his discretion, may deem proper; and for all or any of these purposes, to make and execute any releases, compromises, compositions, agreements or contracts, by deed or otherwise, in his opinion necessary and expedient in the premises; to pay and discharge all debts and demands due and payable, or which may hereafter become due and payable by me unto any person or persons whatsoever; to enter into any lands or other real estate to which I am or may be entitled, and recover the possession thereof, and damages for any injury done thereto, and to distrain for rent due thereon, and also to commence and prosecute unto final judgment and execution, any suit or suits, action or actions, real, personal or mixed,

which he shall deem proper for the recovery, possession or enjoyment of any matter or thing which is or which may hereafter be due, payable, owing, belonging, accruing or appertaining to me, for or by reason of the premises, or any part thereof, and in any such suits or actions, for me to appear and plead, before any courts or tribunals having jurisdiction thereof, and all stipula tions, undertakings, recognizances, and other requisites in any suits or actions, and any question arising on the same, by arbitra tion or other compromise, and of all receipts and recoveries in the premises, due acquittances and discharges to execute and deliver, and generally to do and perform all matters and things, transact all business, make, execute and acknowledge all contracts, orders, deeds, writings, assurances and instruments which may be requisite or proper to effectuate all or any of the premises, or any other matter or thing appertaining or belonging to me, with the same powers, and to all intents and purposes with the same validity as I could, if personally present; [giving and granting unto my said attorney, full power to substitute one or more attorney or attorneys under him, my said attorney, in or concerning the premises, or any part thereof, and the same at his pleasure to revoke; and] hereby satisfying and confirming whatsoever my said attorney [or, his substitute or substitutes] shall and may do, by virtue hereof, in the premises.

In witness whereof, I have hereunto set my hand and seal, this in the year of our Lord one thousand A. B. [L. S.]

day of

eight hundred and

Signed, sealed and delivered

in the presence of

JAMES BROWN.

PETER STILES.

Authority to receive Legacy &c.

Know all men by these presents, that I, A. B., of

have made, constituted and appointed, and by these presents do make, constitute and appoint C. D., of

my

true and lawful attorney for me and in my name, place and stead, and for my use to ask, demand, sue for, collect, recover and receive all money and all other property of every nature and kind whatsoever, both real and personal (with power to enter into and take possession of all lands, tenements, heredita ments and real estate whatever) which may have descended to me as heir of, or to which I may be entitled as next of kin of A. B., late of New York in said state of New York, deceased, my late father, and to give all necessary receipts, acquittances, releases and discharges in the law, with or without seal, for the same, and to appear for me in all courts and places, and before

all officers, tribunals and magistrates, to prosecute, defend, settle and compromise all suits, actions and proceedings of every nature and kind in relation thereto, giving and granting unto my said attorney full power and authority, to do and perform all and every act and thing whatsoever, necessary and requisite to be done in and on the premises, as fully to all intents and purposes as I could or might do.

Stock Powers of Attorney.

Know all men by these presents, that I, A. B., of the city and county of San Francisco and state of California, for value received, have and do hereby grant, bargain, sell, assign, transfer and set over unto C. D., of Grass valley, Nevada county, fifty shares in the capital stock of the Empire Mining Company of Grass Valley, belonging to me, and standing in my name on the books of the said company, and I do hereby constitute and appoint N. N. my true and lawful attorney irrevocable, to assign, and in due form of law transfer, the said stock unto the said C. D., and to do all other lawful acts requisite for effecting the premises, hereby ratifying and confirming all that my said attorney shall do by virtue hereof.

In witness whereof, I have hereunto set my hand and seal the , one thousand eight hundred and fifty-nine. A. B. [L. S.]

day of Sealed and delivered in presence of

in }

Revocation of Power of Attorney.

day of

Know all men by these presents, that I, A. B., of San Francisco, in and by my letter, warrant or power of attorney, bearing date on the A. D. 1859, did make, constitute and appoint C. D. of the same place my true and lawful attorney, for the purposes and with the powers therein set forth; as will more fully and at large appear by reference thereto, or to the record thereof, made on the

A. D. 1859, in liber

day of of Powers of Attorney, page county.

in the county recorder's office, of Now know ye, that I the said A. B., for divers good causes and considerations me hereunto moving, have revoked, countermanded, annulled and made void, and by these presents do revoke, countermand, annul, and make void, the said letter, warrant or power of attorney, and all power and authority thereby given, or intended to be given to the said C. D. In witness whereof, I have hereto set my hand day of

this

and seal at the A. D., the year

of of our Lord one thousand eight hundred and sixty.

A. B. [L. 8.]

CHAPTER XXXIV.

PUBLIC OFFICERS.

STATUTORY PROVISIONS.

ALL public officers, except the secretary of state, notaries public, and some few officers of a special character, are chosen to office by popular election.

When township or county officers are elected, it is the duty of the county clerk, after the election returns are complete, to furnish to each officer elected, a certificate of election under his hand and the seal of the county court.

In the case of the election of county clerk, the county judge examines the returns and issues a certificate of election.'

When district officers are elected, the returns are made to the county clerk of that county of the district standing first in alphabetical arrangement, who issues the certificates of election, and transmits a certified copy of the returns to the secretary of state.

When state officers are elected, the returns are made by the respective county clerks to the secretary of state, who transmits a statement of the vote to the governor, upon which the commissioners issue."

When representatives to Congress are elected, the governor furnishes the certificate of election, sealed with the seal of the state, and attested by the secretary of state.*

The returns of election for governor and lieutenant-governor are made to the speaker of the Assembly, who opens and publishes the same during the first week of the session, in presence of both houses."

All commissions of officers shall be in the name and by the authority of the people of the state of California, sealed with the

1 Wood's Dig. art. 2144, 2145.

aid. 2146, 2147.

id. 2148.

4 id. 2152.

⚫id. 2153, 2154.