The herald. [volume] (New Orleans, La.) 1905-1953, 1918-07-04
CHARTERS
AMENDMENT TO CHARTER
ROSE HILL, INC.


the month of July. in the year of our
Lord one thousand nine hundred and
eighteen, and of the Independence of the
United States of America the one hundred
and forty second, before me. Felix j.
Dreyfus, a Notary Public. duly commits
stoned in and for the City of New Or
leans. in the Parish of Orleans, therein
residing, and in the presence of the wit
neSSeS hereinafter named and undersigned.
personally came and appeared:
ROch +. T.. de Montluzin and Michael
\. Baccich, herein appearing i'll their re-
Spective capacities as the duly authorized
President and Secretary of Rose Hill,
Inc corporation organized by act be-
fore the undersigned notary on the 9TH
day of October 1917. recorded i'm the Mort
gage Office of the Parish of Orleans. in
at Il meeting of the stockholders of Rose
Hill Inc. held on June II. 1918, pursuant
TO call of the Board of Directors, and to
due notice published in the Daily States,
a daily newspaper published in the Parish
of Orleans once a week during the thirty
days preceding said meeting, and TO notice
mailed to each stakeholder at least fifteen
days prior to the meeting, at which meet
ing more than twO-thirds of the entire
outstanding capital common stock of the
company was present or represented, il
was unanimously voted by vote of all the
stock present and represented at the meet
ing to amend Article " of the charter of
said Rose Hill. Inc, so that il shall here
after read and be as follows:
Article IV.-"The capital stock of this
corporation is hereby fixed at seven hun
dred and fifty thousand $3.50 100000 dol
lars, divided >Sto or represented by seven
ty-hve hundred (I5OO) shares Of one hun
dred (SlO0.O0) dollars each: said stock
shall consist of two different classes of
issues. one thereof to be known as the
preferred stock and the other as the COM
mon stock.
Section 1.-The amount of said preferred
stock IS tiXed at the sum OF two hundred
and nifty thousand $3.50, 100000 dollars, di-
vided into or represented by twenty five
hundred C25OO) shares of one hundred
(S1OO.00) dollars each The preferred cap
itai stock shall be entitled by preference
and priority over the common stock of
the corporation to dividends in each and
every year at the rate of eight per cent
per annum. payable out of the profits
such dividends shall be cumulative and
said preferred stock shall be entitled to
no other or further share of the profits
No dividend shall be declared or paid on
the common stock in, any year until all
the preferred stock, together with all cum
ulated dividends thereon shall have been
paid in full and retired. The whole or any
part of said preferred stock may be called
and retired at par. plus cumulated divi-
bends to date of payment, at any time.
provided that in case part only of said
stock is called for retirement. the part so
to be retired shall be determined by lot.
\ number shall be placed in the allot-
ment for each outstanding share of pre-
ferred stock and from the total numbers
thus collected, number or numbers equal
to the number of shares to be retired
shall be drawn by lot. In the event of
any liquidation. or dissolution. or winding
up of this corporation. whether voluntary
or involuntary, the holders of the pre-
ferred stock shall be paid in full the par
value of their shares, together with all
cumulated dividends thereon, at the rate
or eight per cent per annum to the date
OF said liquidation: after payment TO the
holders of the preferred stock of its par
value with cumulated dividends, the re
manning assets and funds shall be divid-
ed and paid to the holders of the common
stock ratably according to their respective
shares. The preferred stock shall be with
out voting rights of any kind.
Section 1.-THE common stock of said
corporation Is hereby fixed at the sum of
hve hundred thousand $500 0O0.0O) dollars
divided into or represented by five thou
sand (5O0O) shares of one hundred $780,
OO) dollars each, and shall be entitled TO
such dividends as may be declared by the
Board OF Directors, subject to the provi-
slons Of section l hereof, and shall be
entitled to share in the assets and funds
or the corporation only i'm the manner pre-
scribed in section l hereof, and in no 9TH
er way. except when provided otherwise
Dy existing laws or laws hereafter enact
ed which may constitutionally be retro
active. All voting rights of every kind
shall be exclusively vested in the holders
OF the common stock. each holder being
tHiuleu 10 one vote Tor each share regis
tered In his name at the date of the clos
ing of the books for election purposes
which vote may be cast either in person
or by proxy.
Separate stock books and stock regis
tiers shall be kept for each class of stock
The whole of said stock or any part
thereof may be issued and delivered to
any person, firm or corporation for the
requirement of the rights privileges. per-
leases or any mart tbaraof :nvnad W en-
troiled by said person or corporation; al
SO IN payment, settlement and adjustment
or the costs. fees, charges and expenses
incurred for services rendered in the for
nation and organization of this corpora
ton, and in acquiring and bringing about
the purchase of the property. rights per-
mlts and franchises aforesaid; also for
cash or in installments of such amounts
as the Board of Directors may determine;
also for property received or services act
ually rendered to this Company. The
Board of Directors herein created is spe-
cially authorized to dispose of the stock
or any part thereof for any or all of the
purposes above stated. and IL Is particu-
larry authorized to dispose of said stock
or any part thereof to the London Devel-
opment Company, or its assigns, in ex-
change for the land, or any part thereof,
OF said Company, with or without a per-
init to use said premises as a cemetery"
All as will more fully appear by refer
ence to the certified copies of the proceed
ings of the Directors of Rose Hill, Inc.
at a meeting held on May 8. 1918, and the
proceedings of the stockholders of said
Rose Hill, Inc, at their meeting of June
IL, 1918, which are hereto annexed and
made part hereof.
And the said appearers declared that
they appeared before me- the undersigned
Notary. in accordance with the authority
vested in them by the directors and stock
holders at their meetings aforesaid. for
the purpose of having the amendment of
Article Nv of the charter of said Rose
Hill, Inc, established and recorded in
the manner required by law.
Thus done and passed in my Office. at
the City of New Orleans, Louisiana, on
the day, month and year first above writ
ten, in the presence of Joseph l.. Weiss
and Louise Tujague. component wit
nesses, who have hereunto subscribed
their Names together with me, Notary.
and said appraisers, after due reading OF
the whole.
,(Original signed).
NJ A. Baccich, r. Z. +. de Montluzin.
Witnesses: J. l.. Weiss. Louise Tujague.
FELIX ]. DREYFOUS, Not. Pub.
i, the undersigned Recorder of Mort
cages for the Parish of Orleans, State of
Louisiana, do hereby certify that the
above and foregoing amendment TO the
act of Incorporation of the Rose HILL Inc.
was this day duly recorded in my office,
in book -, folio -.
New Orleans, July /, 1918.
(SigneD EMILE J. LEONARD. D. R. NJ.