Foreign Relations of the United States, 1902, United States vs. Mexico, In the matter of the case of the Pious Fund of the Californias, Appendix II
Powers of attorney from the bishops of Sacramento and Monterey to the archbishop of San Francisco.
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,
Reman 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. [Page 375]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.
[seal, of corporation.]
- The Roman Catholic Bishop of Sacramento,
- Thomas Grace, Incumbent.
- Wm. H. Devlin.
- Malcolm C. Glenn.
County of _______, ss:
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.
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 [Page 376]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.
[seal.] The Roman Catholic Bishop of Monterey,
A Corporation Sole,
By The Right Reverend George Montgomery,
United States of
State of California, County of Los Angeles, ss:
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 corporate [Page 377]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.
Notary Public in and for Los Angeles County, Cat.