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Orphans Foundation - 1873
Doctrine for the Orphans of Szeghegy (Sekitsch)

By Heinrich Gerber 

Contributed by Brigitte Wolf, translated by Rosina Schmidt, published by Jody McKim Pharr at DVHH.org 13 Feb 2013.

Translated by Rosina Schmidt

     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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