With our greatest thanks to the Almightily God, who did
gather hundreds of thousands through the cholera epidemic in our
homeland by the end of this year, and in our county over eight thousand,
but spared our community, so that here only 45 souls died on that
illness, we the undersigned have decided in honor of the Almightily God
for his graceful mercy to our community and to ascertain that our
descendants would remember His merciful deeds to establish an Orphans
Foundation, which should be of benefit to the community for all the
times to come, with the hope that our descendants will follow word for
word the Foundation's rules as established in this document.
§. 1
This Foundations Name is "Orphans Foundation" and whoever donates to
the Foundation agrees to its statues.
§. 2
Even though the last epidemic in this community made quite a few
unfortunate children to orphans still none of those orphans is as
unfortunate and in grave need of support as the deformed (handicapped)
orphan Elisabetha Daniel, the daughter of the deceased Jakob Daniel and
the deceased Elisabetha Schneck, who will never be able to earn a living
and will for the rest of her life depend on the support, the members
establishing this Foundation have decided the following:
As long as the named orphan Elisabetha Daniel is alive, no one has the
right to withdraw any amount whatsoever under whatsoever names or titles
from this Foundation capital bearing interest except for her, without
that she or her descendants have any rights to the Foundations capital.
§. 3
After the death of Elisabetha Daniel the Foundations capital is to be
used as per community representative's suggestion and the orphans
representative (Waisenvater) preference and after reading of this
Foundation documents, specifically § 7. The accumulated interest
of the capital shall be given to one or more orphans with fully orphaned
children having the precedence.
§. 4
The Foundation declares that the division of the accumulated yearly
interest shall be given out outright without any preference to
friendship connections but solely by the consideration of the needs of
the individual orphans.
§. 5
The capital of the Foundation is not to be touched at any given time for
whatever reasons nor shall it be rolled over into another account or
joined to another account but solely kept separate for all the time. If
this stipulation is not followed then § 11 of this document
becomes the law.
§. 6
The administration and supervision of this Foundation shall be in the
hands of the village representative with the idea that he will name an
administrator or accountant for the Foundation, who will donate his time
free of costs to ascertain that the Foundation's capital will be
invested in the securest and most interest bearing venue.
§. 7
This Foundation Document is to be stored in the Archive of the
Orphanage. The orphans representative of the day will be in charge of
the Foundation and has to read to the assembly this document as per
§ 3 in its original form specifically when the yearly interest is to be
used in order to ascertain that the Foundations instructions are to be
followed.
§. 8
The administrator or the accountant of this Foundation is to keep the
invoices connected to this Foundation. He is to pay in full and on time
those invoices but has to keep the receipts and pass them over to the
next administrator in order that it could be seen, who was the recipient
of this generosity. The Foundation's administrator is not to be at the
same time a member of the community's administration.
§. 9
Each time the money is to be paid out the village major, the four
aldermen's of the Foundation and the orphans representative is to vote
by secret ballot who is to receive the money as per § 6.
§. 10
At the same time each amount of this Foundation is to be acknowledged in
the Foundations books in order to be able to see the final amount at any
given time.
§. 11
In case that this Foundation should be made part of another account
§ 5 or the Foundation money should disappear then any citizen of this
community has the right to bring to court the person who mishandled the
Foundations capital as per § 6 and collect the damages and
compensation.
§. 12
The accumulated yearly interest of the Foundation's capital is to be
given out each year on 23rd of December. The first payout of the
Foundations interest is due on 23rd of December 1874 to the person who
has been already designated.
§. 13
At the time the interest is to be loaned out the whole of the yearly
interest is to be deducted from the capital and this interest is to be
deposited in a savings account. The borrower is to pay the interest on
the money borrowed upfront, to make sure that at the time when the money
is to be paid out the money will be available.
§. 14
The Donators hope that in the future too there will be other generous
contributors, who will donate to this Foundation so that it will be
expand for the future benefit and effectiveness.
Szeghegy ( Sekitsch ) on the 31st of December. 1870
Peter Thomas, village major; Nikolaus Gerber, alderman; Ludwig Karbiener,
alderman; Karl Tauss. Alderman; Nikolaus Brodt, alderman;
Johann Jausz m.p. Orphans representative and founder of this
Foundation.
As the administrator of this Orphans Foundation signed on this day,
voted for and taken over:
1. The in the "Gold Book" written down from 1 to 300 and collected
amounts of 260 fl (two hundred and sixty Austrian Gulden), which were
loaned to Nikolaus Schäfer at 10% interest under acceptance of a
receipt. The yearly interest is to be paid out ahead of time.
2. Savings book of the Kulaer Savings bank for 26 fl with 8% interest
for the up front payable 10% of interest of the above mentioned capital.
3. The administration book.
Szeghegy ( Sekitsch ) on the 20th of December. 1873
Heinrich Gerber
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