Proceedings by a Church to Effect a Loan by Mortgage.

PETITION.

To the Hon. the District Court of the Twelfth Judicial District of the &c., &c.

Your petitioners, "The trustees of the church of the city of San Francisco," in the said state of California, represent to this honorable court-That they are a religious corporation duly incorporated according to the provisions of the statutes of this state, under the corporate name of "The trustees of the church of the city of San Francisco."

That they are seized and possessed as such trustees as aforesaid, of certain real estate situated in said city and county of San Francisco, bounded and described as follows, viz.: [Here insert description.]

Your petitioners further represent that A. B., C. D., E. F., &c., are the present trustees of said church and compose said corporation; and that A. B. is president, and C. D. secretary of said board of trustees.

Your petitioners further represent that there is erected and now standing and being upon said lot herein before described, a large and valuable building used by said church and the congregation connected therewith, for stated meetings for religious worship.

That the said corporation is now indebted in the sum of about $5,000, which indebtedness has been contracted for the improvement of said property, and the benefit of said church and congregation.

And your petitioners further represent that the immediate necessities of said church and corporation require that said trustees should have at their disposal, for the meeting of the necessities of said church and congregation, the sum of $5,000.

Your petitioners further represent that they have no money whatever on hand belonging to said corporation.

That the current receipts are about sufficient to meet the current expenses of said church and the interest on the sum of $5,000, at the rate of one and one-half per cent. per month.

And your petitioners further represent that they can procure the said sum of $5,000 for the period of one year, with the privilege of continuing the same for two years, at the rate of one and one-half per cent. per month interest, and that your petitioners are unable to obtain the same at any less rate of interest, or on any more favorable terms than above named.

And your petitioners further represent that at a meeting of the said church and congregation, held at the meeting-house of said church on the

day of

A. D.

a resolution was adopted by a unanimous vote of the members present, directing your petitioners to effect a loan not exceeding $5,000, for the purposes above named, a copy of which resolution is hereto annexed, marked "A." That said meeting at which said resolution was adopted was duly called and notice thereof given from the pulpit on the preceding Sabbath for that especial purpose.

And your petitioners further represent that, in accordance with said resolution, your petitioners have this day of

A. D. held a meeting at which all the members of said corporation were present, where a resolution was duly adopted, a copy of which is hereto annexed marked "B."

And your petitioners represent that it would be for the benefit and interest of said church and congregation that said loan should be made, and said note and mortgage executed.

Wherefore your petitioners pray that an order may be made by this court for the mortgaging of said real estate to secure the payment of such loan, not exceeding $5,000, as said corporation can effect for the period of one year or longer, not exceeding two years, at a rate of interest not exceeding one and one-half per cent. per month; and also allowing said corporation trustees as aforesaid, to make and deliver with said mortgage a promissory note, under the corporate seal and in the corporate name of said corporation, for the said sum so obtained as aforesaid, to any person furnishing said sum of money as aforesaid.

Dated

A. B.

C. D.

E. F., &c.,

Trustees of the Church, San Francisco.

City and County of San Francisco, ss:

Č. D., of said city and county, being duly sworn, says, that he is a member and secretary of said corporation, in the foregoing petition mentioned. That he has read the said petition and that he believes the same to be true.

Sworn before me this

day of

[L. s.]

A. D. 1859.

R. H. SINTON, Notary Public.

A.-Resolution referred to in foregoing Petition. At a meeting of the church and congregation of the

C. D.

church of the city of San Francisco, California, held pursuant to call and due notice for that purpose, on the

of

A. D. the following resolution was adopted by a

unanimous vote of all the members present:

Resolved, that the trustees of this church be and they are

hereby instructed to procure a loan not exceeding five thousand dollars ($5,000), for a period not exceeding two years, at a rate of interest not exceeding one and a half per cent. per month, to pay the present indebtedness and meet such other present necessities as the corporation shall be compelled to meet for the benefit of the church; and the said trustees are also instructed to make application to the Twelfth District Court for an order allowing them to make and execute a promissory note and mortgage on the real property of said corporation for the amount; and on obtaining such order, to execute and deliver to any person who will furnish such sum of money on the terms aforesaid, a note and mortgage for such sum, according to law.

C. D., Clerk.

B.-Resolution referred to in foregoing Petition.

At a meeting of the trustees of the city of San Francisco, held on the day of all the members being present, the following adopted:

church of the 1858, resolution was

Resolved, that the petition drawn up to be presented to the twelfth district court be now signed by the members of the board; and that said petition be then presented to said court, and that on obtaining the proper order therefor, a loan not exceeding $5,000 be made, and a note and mortgage executed therefor, according to law and the terms of said order.

C. D., Secretary of the Board, &c.

Order of Publication on the foregoing Petition.

Twelfth District Court, City and County of San Francisco. In the matter of the application of

trustees

mortgage, &c.

church, for power to

On reading the annexed petition of "The Trustees, &c.," a religious corporation, and on motion of A. B., in behalf of said corporation,

It is ordered that said petition be presented, and said application made to the said twelfth district court, at the court-room thereof, &c., on

,

the

day of

A. D.

at the opening of the court on that day, or as soon thereafter as said application can be heard.

And it is further ordered that a notice of said application be published in the , a newspaper printed and pub

lished in said city and county, each day for five days immediately

In the matter of the application of the
Trustees of Church to mortgage, &c.

EDWARD NORTON, Judge Twelfth District.

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. SATERLEE, Deputy.

Affidavit of Publication of the above Notice.

City and County of San Francisco, ss:

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 for five successive days, from 1858, and further sayeth not.

the

to

Sworn to this
A. D.

[L. 8.]

day of

before me.

C. D., Notary Public.

A. B.

Order of Court, authorizing the Church to give the Mortgage, &c.

In the District Court of the Twelfth Judicial District, City and County of San Francisco.

In the matter &c., of

of

church.}

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 attor

ney, 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 one 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, that 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

Matter of the disincorporation of the Corporate Company "The North-West Ice Company."

To the Hon. A. B. C., Judge of the Court aforesaid :

day of

of

A. D.

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 A. D. said corporation was formed under and by virtue of an act of the legislature of , passed 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 the 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 day of

at

the

o'clock of that day, at the office of

A. D.

in the