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 arbitration 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 day of eight hundred and } JAMES BROWN. PETER STILES. Authority to receive Legacy &c. A. B. [L. S.] 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 of this and seal at the A. D., the year of our Lord one thousand eight hundred and sixty. A. B. [L. S.] 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. id. 2146, 2147. 4 id. 2152. ⚫id. 2158, 2154. 1d. 2148. great seal of the state, signed by the governor and countersigned by the secretary of state.' Every officer chosen or appointed to any office of trust or profit under the authority of this state, before entering upon his office must take and subscribe the oath (or affirmation) of office, (see Forms,) which may be taken and subscribed before any judge of the Supreme or District Court, or clerk thereof, county judge or clerk, notary public or justice of the peace: and, except in case of members of the legislature, the governor or lieutenant-governor must be endorsed upon the commission or certificate, within ten days after the reception of his commission or certificate, or within ten days after the commencement of his term of office, if he has received his commission or certificate. Deputies must take the same oath as the principal.' No certificate shall be withheld on account of any defect or informality in the return of any election, if it can with reasonable certainty be ascertained from such return what office is intended, and who is entitled to such certificate; nor shall any commission be withheld by the governor on account of any such defect or informality of any returns made to the office of the secretary of state. Every officer of this state, civil and military, commissioned by the governor, is required, on receipt of his commission, to pay the sum of five dollars to the secretary of state, for the benefit of the library fund." All official bonds, required by law, of officers, shall be in form, joint and several, and made payable to the state of California, in such penalty, and with such conditions as shall be required by law. The official bonds of officers shall be approved and filed as follows, to wit: the official bond of the secretary of state shall be approved by the governor, and filed and recorded in the office of the county clerk of the county in which the seat of government is fixed; the official bond of the attorney-general, surveyorgeneral, controller, treasurer, state printer and clerk of the Supreme Court, shall be approved by the governor, filed and recorded in the office of the secretary of state; the official bond of each district attorney shall be approved by the judge of the district, filed and recorded in the office of the county clerk of any one of the counties in the district which may be designated by said judge; the official bonds of sheriffs, coroners, justices of the peace, and all other county officers, shall be approved by the county judge, filed and recorded in the office of the county clerk of their respective counties; the official bonds of county clerks shall be approved by the county judge and filed and recorded in the office of the county recorder.' In the city and county of San Francisco, the bonds of the public officers of the county must be filed and kept in the office of the auditor. The auditor's bond must be filed and kept in the office of the county clerk. When the amount of any bond is not fixed by law, it must be fixed by the board of supervisors. The bonds and sureties must be approved by the county judge, the auditor and the president of the board of supervisors. The sureties may be examined under oath. Their requisite qualifications are fully set forth in the oath to be taken by them, for which see the forms at the end of this chapter.' In all cases where official bonds are required, or may be hereafter required from state or county officers, the officer or officers whose duty it is, or may be, to approve such bonds, shall not accept or approve any such bond unless, in addition to the present requirements of the law, the sureties shall severally justify before an officer authorized to administer oaths as follows: 1. On a bond given by a state officer, that he is a resident and freeholder or householder within this state; and on a bond given by a county officer, that he is a resident and freeholder or householder within such county, or within an adjoining county. 2. That he is worth double the amount for which he becomes surety, over and above all his debts and liabilities, in unincumbered property, situated within this state, which may be levied upon, and is not exempt from execution and forced sale. And by the amendment of 1859, the county judge is authorized at any time. afterward, to call upon any county officer for a further justification of his sureties.' 1 Wood's Dig. art. 205. 2 Laws 1856, p. 150; id. 1859, p. 141. 3 Wood's Dig. art. 234; Laws 1859, p. 71. |