The herald. [volume] (New Orleans, La.) 1905-1953, 1913-04-10

fed in and for this city and the parish or
Orleans, therein residing, and in the pres
ence OF the witnesses hereinafter named and
undersigned, personally came and appeared
the several parties whose names are herein
after subscribed. who Severaly declared that,
availing themselves OF the provisions of Act
IS OF 1904 as well as OF those of the general
laws of this state relative 10 the formation
Of corporations, they have coyenanted and
agreed. and do, by these presents, covenant
and agree and bind themselves, as well as
such other persons as may hereafter become
associated with them, TO form and COnSti-
tute a corporation and body polite in law,
for the objects and purposes and under the
clauses stipulations and articles hereinafter
set forth and expressed. which they hereby
adopt as their charter, to-wit:
ARTICLE !.
The name and title OF the corporation
shall be Fitzpatrick and TILL IncOrpor-
ated and 1t shall exist and continue for
a term OF ninety nine years from the date
hereof. II shall have its dOmicile in the
city OF New Orleans, parish Of Orleans, state
of Louisiana.
The president of this corporation. or in
his absence, the secretary. shall be the proper
officer upon whom all citation and other le-
gal process shall be served
ARTICLE II.
The objects and purposes for which this
corporation is organized and the nature Of
the business to be carried On by It are here
by declared to be To carry on the business
OF jObbers, auctiOneeTs and a wholesale and
retail business in general merchandise goods,
wares, clothes wearing apparel, furniture
and household effects OF every sort and de-
Scription, and to make, manufacture, store,
buy, sell and deal In, at wholesale and retail!
at public auction or private sale or other
wise all and every character and kind Of
goods, wares, merchandise, clothes, wearing
apparel, furniture and household effects of
every kind and description and receive goods
wares, merCha ndiSe, clothes, wearing appar
e., furniture and household effects Of every
kind and description on consignment and
otherwise and TO sell same on a commission
basis and otherwise and 10 do all things
connected with or necessary or requisite or
in anywise appertaining to the business Of
this corporation.
ARTICLE Ill
This corporation shall have power and
authority, under its corporate name 10 sue
and be sued, contract, to make and use a
corporate seal and the same 10 break or
alter at pleasure; to receive, accept, pur-
chase. lease, hold. mortgage and hypothecate,
sell, pledge or otherwise acquire property
enjoy and dispose OF and sell property, both
real and personal, as the business Of said
corporation may require: to make and eS-
tablish such bylaws and rules for the proper
regulation and management Of its business
as may be proper and to do all things nee
essary and proper for the conduct Of its
business.
ARTICLE ".
The capital stock Of this corporation Is
hereby fixed at the sum OF thirty thousand
dollars tS30000), divided into and repre-
scented by three hundred (3OOl shares Of the
par value of one hundred dollars (sl00.O0)
per share.
This corporation shall be a going concern
and shall be authorized TO commence bust
ness when three thousand dollars (S3,0O0,OO)
OF its capital stock shall have been sub
scribed for and paid in.
All transfers OF stock shall be made on
the books OF the company, under such rules
and regulations as the board of directors may
prescribe.
All powers Of this corporation shall be
vested in and be exercised by a board OF di-
rectOrs. composed Of three stockholders, three
Of whom shall constitute a quorum, who
shall elect from their number a president, a
vice-president, and a secretary-treasurer.
The following named persons shall cOnsti-
tute the first board Of directors, William II.
Fitzpatrick, Harry W. Fitzpatrick and Hugh
$ Till, OF whom william III. Fitzpatrick shall
president, and Hugh $. Till, secretary treas
urer. The said board OF directors and Off
GERS shall hold Office until the first Monday
in January. 1915, or until their successors
are elected and qualified
Any failure to hold annual election shall
not effect a forfeiture OF this charter, OF
this act OF Incorporation. Any vacancy Oc
curing in said board shall be filed by the
remaining directors.
The election OF directors shall be held
annually on the first Monday in January OF
each year, and the directors at their first
meeting in each year shall elect out OF theil
own number the officers. Ten days notice OF
such election shall be given to each stock
holder by the secretary in writing, at hi.
last known place of residence. The election
OF directors shall be held at the ONCE Of the
corporation under the supervision of tive
! commissioners appointed by the board o
| directors. All elections shall be by ballo
| and a majority of the votes cast shall elect
one vote to be allowed for each share o.
ait In mr. NV Y
| Any vacancy occurring In said board shall b.
filled by the remaining directors for the un
| expired term.
ARTICLE vi.
| This act OF Incorporation may be changed
altered or amended, or this corporation MAJ
be dissolved by a vote of three-fourths II
| amount of the capital stock at a genera
meeting Of the stockholders convened To-
that purpose, after thirty days previous no
| tice OF the meeting shall have been given II
| the manner hereinabove provided, in thu
| election of directors.
! In the event that this corporation Is dis
solved, its affairs shall be liQuidated unde
the supervision of two liquidating commits
| sioners, to be appointed for that purpos
| from among the stockholders OF the corpor
| alton at the meeting at which the dissolu
| ton Is voted, or at a special meeting con
vened for that purpose, after the same no
| tice, given In the same manner as herelna
bove provided. The said commissioners shall
| remain in ONCE until the AFFAIRS OF the cor
| pOTdIlO0 are fully auy VdCduS.
occurring among them, from any cause, shall
| be filled by the remaining commissioners.
ARTICLE VII.
| No stakeholder shall be liable or respon
sible for the contracts or faults of the cor
poration in any further sum than the un
paid balance due on the shares OF stool
| owned by him f; nor shall any informally II
| organization have the effect OF rendering
| this charter null or subjecting any stock
holder to any liability beyond the amour
| Of his subscription to the stock.
| Thus done and passed, In my office, at tn
i city Of New Orleans, on the day, month ant
| year herein first above written, In the pres
| ence Of Messieufs william A. Wenck an
| Collin Z. Mcneil, competent witnesses, VIII
| hereunto sign their names with the said ap
bearers and me, notary, after reading OF tn
j whole.
Original signed Hugh s. Till ct ais
/ witnesses VIM. A. Wenck, Collin 4. Nc
VIM. RENAUDIN, Not. Pub
/ I, the undersigned, recorder of mortgages
in and for the parish of Orleans, state o
/ Louisiana, do hereby certify the above an
| foregoing act OF Incorporation OF the Fit
patrick and Till, Incorporated, was thi
day duly recorded In ny office, In book loss
i folio =.
New Orleans, March 1, 1913.
i (Signed) EMILE LEONARD, ID. r.
/ / certify the foregoing and within to b
a true and correct copy OF the original &C
| Of Incorporation of the Fitzpatrick and Til
| Incorporated, together with the certificate o
the recorder OF mortgages thereto appende
i on file and of record In my office.
i In faith whereof, I hereunto set my han