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lished in said city and county, each day for five days immediately preceding said application. Dated Edward Norton,
Judge Twelfth District.
Twelfth District Court. In the matter of the application of the ) Trustees of Church to mortgage, &c. j Notice is hereby given, that application will be made by "The Trustees, &c.," a religious corporation, to the District Court, &c, on, &c, at the court room, &c, at the opening of the court on that day, or as soon thereafter as such application can be heard, for an order allowing the corporation aforesaid to execute a promissory note for a sum not exceeding $5,000, and also to execute a mortgage upon the real estate of said corporation, to secure payment thereof.
Dated, &c. William Duer, Clerk.
By W. R. Sateri.ee, Deputy.
Affidavit of Publication of the above Notice.
City and County of San Francisco, 88:
A. B. of the said county being duly sworn, deposes and says that he is the proprietor and publisher of the , a newspaper published daily in said county, and has charge of all the advertisements in said newspaper, and that the foregoing notice in the case of "The Trustees &c," has been published in
the for five successive days, from
to , 1858, and further sayeth not. A. B.
Sworn to this day of , )
A. D. before me. )
[l. B.] C. D., Notary Public.
Order of Court, authorizing the Church to give the Mortgage, c&c.
In the District Court of the Twelfth Judicial District, City and
County of San Francisco.
of church, j
In the above entitled matter, on reading and filing the petition of "The Trustees &c," and it satisfactorily appearing to me therefrom, that it will be to the benefit, interest and advantage of such church and congregation, to grant the prayer of said petition, and it also satisfactorily appearing to the court, by competent proof, that due notice of this application has been given.
Now, therefore, on application of said trustees, by their attorney, A. B., it is ordered that the said trustees may make, execute and acknowledge, under and in the corporate name and seal of said trustees, a mortgage upon the property described in said petition, to secure the payment of such sum not exceeding $5,000, as they can obtain at a rate of interest not exceeding one and une half per cent, per month, for a period not exceeding two years. And to deliver the same to any person who will furnish such sum of money on the terms aforesaid. And it is further ordered, tliat the said corporation may execute and deliver with such mortgage, a promissory note for such amount as aforesaid, under the corporate seal and in the corporate name of said trustees.
And it is further ordered, that said trustees, on receiving said sum of money as aforesaid, shall appropriate the same, or so much thereof as may be necessary for that purpose, to the payment of the present indebtedness of said corporation and church, and if any balance remain after the payment of such debts, it shall be used under the direction of said trustees for the benefit of said church.
Petition for Disincorporation.
County Court in and for the County of , State of
North-West Ice Company."
The subscribers, being officers of the company aforesaid, and also owners of two-thirds of the capital stock, in behalf of the same and the stockholders thereof, respectfully represent that, on or about the day of , A. T). , said corporation
was formed under and by virtue of an act of the legislature of , passed of , A. D. , entitled, " An Act
to provide for the Formation of Corporations for certain Purposes," as will be particularly seen by reference to the certificate of corporation on file in the office of the county clerk of the county aforesaid: That the business of said corporation was the importation and sale of ice in and elsewhere, and the
principal place of business of said corporation and place of meeting of the trustees thereof, has been, ever since, the city of , state aforesaid: That the business of said corporation, and tbe consequent necessity of its continuance, has entirely ceased: That, at the request of stockholders of said company, representing and owning more than two-thirds of the stock thereof, the trustees thereof called a special meeting of the stockholders by advertisement, in accordance with the law and the by-laws of said company, to be held on the day of , A. D. , at o'clock of that day, at the office of , in the city of , aforesaid, which has been and is also the usual
place of meeting of paid trustees, to take into consideration the expediency of said disincorporate; and that at said meeting, at the time and place aforesaid, there was present and represented, more than two-thirds of the capital stock of said company; and that said stockholders resolved then and there, unanimously, that said company should be immediately dissolved and disincorporated, which said resolution was, by a vote of more than two-thirds of all the stockholders of said company: That other necessary preliminary steps hereto have been taken, and that all valid claims against the corporation have been discharged. Dated D. E., President.
E. G., Secretary.
Notice of Publication.
County Court in and for the County of , State of: Matter of the Disincorporation of the Corporate Company, "The North-AVest Ice Company."
Notice is hereby given, that, on the day of ,
A. D. , at the court-room of the county court of the city of , and county of , in said city, at o'clock of
that day, will be heard the application and petition of the officers and stockholders of corporate company, "The North-AVest Ice Company" (said petition being now on file in the office of the clerk of said court).
The object of said application and petition is to dissolve and disincorporate said company according to law.
Dated A. B., Clerk.
By C. D., Deputy.
Order of Disincorporation.
County Court in and for the City of and County of
, State of
In the matter of the disincorporation of the )
Corporate Company, "The North-West >
Ice Company." )
The petition of the officers and stockholders of the corporate company, "The North-West lee Company" to dissolve and disincorporate said company, coming on to be heard ; and due proof being made of the publication of the notice of said petition, and of the time of the hearing thereof, on motion of A. B., counsel for said petitioners, it is ordered, That the corporate company known by the name of "The North-West Ice Company" be and the same is hereby dissolved and disincorporated.
day of A. D. . R. T.,
A Deed is a written instrument containing some contract or agreement sealed and delivered: but in the general use of the term, it signifies a conveyance or transfer of land, or of some interest in land.
A conveyance of land or of any estate therein, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawyer or attorney, and duly acknowledged, or proved and recorded.
The estate of infants, idiots, persons of unsound mind, and incompetent persons, can only be conveyed by their guardians, under certain regulations and restrictions provided by law.
A married woman may convey her real estate by joint deed with her husband, provided the same be properly acknowledged.1 And when her husband is not, and for a year preceding the conveyance has not been bona fide residing in this state, she may convey her real estate as fully and perfectly as if she were single, upon acknowledgment before the district judge of the county where the land lies, and the certificate of the judge made upon the testimony of two credible disinterested witnesses to the fact.'
Males are deemed of full and legal age at twenty-one years, and females at eighteen, or at any age under eighteen, when, with the consent of the parent, guardian or. other person under whose care or government they may be, they shall have been lawfully married ;—and at those ages respectively are competent to convey real estate, make contracts and do all other acts and tilings, that persons of full age may legally do.'
A deed should be founded on a sufficient consideration, and executed by persons able to contract and be contracted with; the subject matter must be set forth in sufficient words to describe the agreement, and bind the parties; and it should be read by or to the grantor, previous to the execution, unless the reading is expressly waived. The consideration of a deed may be either good or valuable; it must not partake of any thing immoral, illegal, or fraudulent. Every deed, or contract, is void, when made for any fraudulent purpose, or in violation of law. A good consideration is founded upon natural love and affection between near relations by blood; a valuable consideration is founded on something deemed valuable, as money, goods, services, or marriage. An equitable liability is sufficient to uphold an express covenant or promise.
Where the consideration is expressed in a deed, any averment to the contrary cannot be made, although it may be inquired into, for all purposes, except to impeach the deed as between the parties; nor will the validity of a deed depend on the amount of the consideration.
In the construction of every instrument granting or conveying, or authorizing the creation or conveyance of, any estate or interest in lands, it is the duty of courts of justice to carry into effect the intent of the parties, so far as such intent can be collected from the whole instrument, and is consistent with the rules of law. Material erasures or interlineations in a deed, should always be noted before the execution.1
When a deed is executed by an attorney, for several principals, one seal is sufficient, provided it appear that the seal affixed was . intended to be adopted as the seal of all.' The attorney should sign the name of the principal by himself, writing his own name under that of the principal, with the words, "By his attorney in fact." See accompanying Forms.
The rule in relation to the description of premises conveyed by metes and bounds is, that known and fixed monuments control courses and distances; and the certainty of metes and bounds will include all the lands within them, though they vary from the quantity expressed in the deed. Where natural and