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APPENDIX A.-Classification table of the Widows' Institute for Civil and Military Officials-Continued.
· 3. Regulations for the widows' fund of Rostock professors of December 30, 1793.a
When the deceased wife of Doctor and Syndicus Spalding in a legacy donated for the foundation of a widows' fund for the professors of the Academy of Rostock 300 rix-dollar new two-thirds (reichsthaler n. zweydr.), and this money reached us during the past term of Antonius (Antonii-Termin), although because of complication of legacy moneys in the Bernard debit suit, at the time with a deduction of 30 rix-dollars; this furnished the occasion to the rector and council of the Rostock Academy for the establishment of such a special widows' fund for Rostock professors, and we were pleased to issue the following regulations for this institute:
1. This widows' fund, on the basis of that testamentary provision, is established only for actual professors of the Rostock Academy, both ordinary and extraordinary. Whosoever, therefore, wishes to take part in it must at the time of his accession be a Rostock professor; whosoever is not (a Rostock professor) can not be admitted even with the consent of all the members.
2. It shall depend, however, on the free will of each professor whether or not he will take part in this widows' fund. From the present professors the decision thereon and the payment of the entrance fee is expected before January 31 of next year. And the professors to be appointed hereafter shall announce their decision thereon within three months from the day of their reception into the council (concilium) or into the college (collegium) of all the professors. This term provision shall extend also to unmarried professors and shall not be changed by delay of their marriage.
3. Those professors. however, who did not join the association at the time fixed above shall be admitted also subsequently if, at the time, they shall not have passed the fiftieth year of life, and if they pay in cash, with 5 per cent interest, all they would have had to pay up to that time in entrance fee and yearly contributions if they had joined at the usual time. Also these professors who may join later on shall certify through a certificate made by their regular physician under oath that they are not afflicted with a disease or ailment which justifies the apprehension of an early death, but, rather, are in such condition that they can attend to their duties.
4. On admission, if this shall take place at the establishment of the association or, in future, within three months after reception (at the university-Tr.)
These regulations were confirmed by sovereign decree of January 8, 1874.
ED 1904 M- -16
15 reichsthaler neue zweydr. shall be paid in cash; a and, subsequently, each member shall, as long as he lives, pay an additional contribution annually of 6 reichsthaler neue zweydr. in quarterly installments, which shall be paid on the 1st of January, April, July, and October. Beyond this no payments shall be required except that, for partial equalization of those who shall receive the position of a Rostock professor at a later age, whether they be married or not at the time of admission, these shall pay as much admission fee as the entrance fees and annual contributions, with interest, from the end of the fortieth year of their age would have carried. They may, however, be admitted on this payment, even if they shall have passed the fiftieth year of life, in so far as they shall give notice within three months after their reception (into the university).
5. The money received from admission fees and contributions, with interest thereon, paid by the members obligated thereto under §§ 3 and 4 shall, as soon as a sufficient sum shall have been accumulated, be invested on interest in order to distribute, subsequently, among the existing widows, and after deduction of the necessary expenses, the interest of these capitals and of the legacy of 300 reichsthaler. No other use can be made of this interest, excepting the case noted under § 16, even on unanimous consent of all the members.
6. The annual contributions shall be promptly paid at the stated times. Whoever shall fail to pay at the stated time shall pay in addition to the arrearage in the first half year, after due time, one-half the arrearage and in the second half year an amount equal to the arrearage. As soon, however, as a contribution shall have remained unpaid for more than one year, the dilatory member shall be thereby ipso facto excluded from the association and then not entitled to demand recovery of any portion of the payments made heretofore.
7. Each member may leave the association at his pleasure; only he shall give written notice of his desire to the administration. He can, however, then also not demand any restoration of the payments heretofore made by him. On the other hand, the member who shall have resigned at his own free desire shall. subsequently, if he shall request it, be again admitted, if he is not yet over 50 years old and if he shall submit the above-mentioned certificate of his physician. He shall then, however, be treated as a wholly new member, and can not in any way receive credit for his former admission fee and contributions.
8. If a member ceases to be a Rostock professor, his share in this widows' fund shall become extinct, and he shall not be entitled to demand restoration of the payments heretofore made by him.
9. On account of the small number of members and of inequality of accession, it has [not (?)—Tr.] been possible now to declare a fixed dividend for the widows. For the present, therefore, the entire income in interest from invested capitals, after deduction of the necessary expenses, shall be distributed among the widows in such a way that all the existing widows shall receive equal shares. If, however, in future a widow should be entitled to receive more than 100 reichsthaler new two-thirds annually, then for the sake of greater uniformity another distribution of widows' pensions shall be arranged. Yet even then the interest from the invested capital shall not be applied to any purpose other than the distribution among the widows and the increase of capital; and the first arrangement shall again be restored if experience should show that the changed arrangement can not continue.
10. No widow can claim payment unless her husband shall have been member of this association for a full year after his admission. Should he die sooner, only the admission fee and the paid contributions, but without interest, shall be returned to her.
11. In the distribution of interest among the widows the following principles shall be observed:
(a) Each widow who is living after June 30 attains thereby for herself and her heirs a claim to that interest which shall have become due in the past year, which for this institute shall always be counted from July 1 to June 30.
(b) However, this shall suffer an exception for the year in which the husband died, inasmuch as the widow shall not share at all in the interest due for that year.
(c) On the other hand, the heirs of the widow shall share in all the interest due until the last of June for the year in which she shall have died.
• Now 52.50 marks.
Now 21 marks.
Now 300 marks.
(d) Interest which is not paid at the time due, but is subsequently paid, shall belong to those widows and their heirs who were entitled to them at the time they were actually due, after deduction of the expenses of their collection, if these expenses are not paid by the debtor. However, the widows and their heirs-
(e) Shall unconditionally abide by whatever steps may be decided upon concerning the collection of such debts, especially in bankruptcy cases, and even in case of an agreement for the purpose of expediting the matter and saving costs, in which (agreement) interest may be remitted.
(f) Moreover, no widow can demand that a capital, of the return of which
the debtor shall have given notice or which shall have been called in by the administrator shall be invested again so that the interest may become due in the same term in which they had become due heretofore.
12. The quota, computed on these principles by the administration, shall be distributed among the widows at the end of June, and their receipt shall be acknowledged by the widows present at Rostock in a special receipt book and by those not present in accordance with a printed form.
13. A widow living outside of Rostock shall appoint an attorney at Rostock, who shall receive the receipt sent him by the administrator, attend to its legalization, and afterwards exchange it for the money. Moreover, such an absent widow shall draw her receipt before a notary and two witnesses and certify in the document her continued widowhood.
14. If a widow is married again her share in this institute is wholly extinguished, and she shall receive her quota for the year in which her marriage shall take place at the end of June for the last time. However, she shall retain her claim to the interest become due in the previous terms but not payable. She shall not be admitted again after the death of her second husband, unless eventually he, too, was a professor and member of the association.
15. If the husband voluntarily resigned or was excluded from the association for nonpayment of dues, the widow can not demand that she be reinstated in integrum, whatsoever special facts she may adduce for this purpose.
16. Should at any time no widows be present the interest for such a year, after deduction of expenses, shall be added to the capital, and a widow becoming entitled in the following year shall have no claim on the revenue of past years.
17. The administration of this widows' fund shall be in the hands of the professors who participate in it. The first administrator shall be elected out of regular sequence and for an indefinite time, inasmuch as the first organization presupposes some knowledge of similar associations and might require a longer period. Afterwards an administration shall always last for two years and the administrator shall be chosen from the members of the association in the order of their reception into the council (concilium). If the administrator should die during the period of his administration, his predecessor shall again conduct the administration until the close of the year and secure the delivery of the cash on hand and other documents and matters belonging to the widows' fund as soon as possible. Also, in the event of sickness and other detention, the predecessor assumes, temporarily, all business affairs.
18. The administration shall change on Michaelmas Day, and shall be conducted by the parties concerned free of charge. The administrator shall collect the admission fees and shall issue the certificate of admission. He shall cause the collection of the quarterly contributions and shall collect the interest. The former he shall lay by safely until they can be made into a capital, and the latter he distributes at the close of the year. Should any event require it, he shall notify the association in notices and meetings, and shall carry out, whenever necessary, their resolutions, in which plurality shall decide, but which can not change the regulations.
19. Concerning the investment of capital amounts, resolutions shall be passed in the same manner, but the association shall be subject in this to the consent of the entire council (concilium), which shall be conducted after the same principles that apply to the investment of academic funds. The members of the association who have a vote in the council shall retain herein their usual vote.
20. Within the first two weeks after Michaelmas Day the administrator shall circulate among the members of the association his account, which, under the above principles, shall be divided into a capital account and an interest accou
for their inspection and eventual amendment, and each member shall attend to this inspection and amendment as soon as possible, within not more than eight days. If these terms are not observed, the administrator shall be held to a fine in the amount of an annual contribution, and other parties concerned in the amount of a semiannual contribution to the fund. Then the account shall be received and acquitted by the rector and the council of the academy like other academic accounts.
21. For the assistance of the administrator a monitor shall be appointed, who shall collect the contributions and the interest, deliver the quotas of the widows to these or to their attorneys, and attend to all matters of business generally. He shall be elected by the association, but can be dismissed again at any time if the association is not satisfied with him. In the election the academic bedels shall be considered in preference. As his salary, 4 reichsthaler, new two-thirds, are at present appropriated for him. With the increase of the fund, however, this sum may be somewhat increased.
22. In order to comply punctually with the intention of the wife of Syndicus Spalding, and in order to ease the mind of each member and his widow, it is further ordered herewith that the purpose of this fund, even with unanimous approval of all its members, shall not be changed and that this shall forever remain an independent institute. Even if the improbable event should occur that at some time no members should be present, the institute shall nevertheless continue, and the rector and council shall then assume its administration interimistically under these regulations until again there shall be three members, to whom the administration shall then revert.
4. Statutes of the university ophans' fund of July 16, 1872.a
§ 1. The orphans' fund is established for the benefit of surviving orphans of ordinary and extraordinary professors, docents, and officials of the University of Rostock. Only a person belonging at the time to the University of Rostock shall be entitled to membership.
§ 2. Accession to the orphans' fund shall be voluntary. From the persons at present belonging to the University of Rostock declaration on this point will be expected on or before August 15 of this year. In future those entitled to membership shall submit their declaration within three months after their accession to their position in the University of Rostock.
§ 3. Persons, however, belonging to the university, who may not have joined the orphans' fund at the time stipulated above, shall still be admitted subsequently if they shall pay, with 5 per cent annual interest in cash, all they would have had to pay up to the time in admission fee and yearly contributions if they had joined at the stipulated time.
§ 4. Each member shall pay annually from the time of his accession a contribution of 16 marks, in quarterly installments. on the 1st of January, April, July, and October. From the time when the property of the orphans' fund shall have reached 3,000 marks new members shall pay in addition an entrance fee of 10 marks.
$5. Each member can resign at pleasure, but for the purpose of release from further obligations a written notice to the administrator shall be required. In such event there shall exist no claim to return of payments made heretofore. The person who has resigned voluntarily shall, however, subsequently, if he requests it, be readmitted, but shall then be held to make subsequent payment of the contributions that may have become due for the time during which he was not a member, with 5 per cent annual interest.
§ 6. If a member ceases to be professor, docent, or official of the University of Rostock, his share in the orphans' fund shall also cease, and he shall have no claim to demand return of his payments. Retirement with whole or partial retention of salary shall not be considered as cessation of the required qualification of membership. Besides, a person who for one year shall have failed to pay his contributions shall cease ipso facto to be member of the institute from the day on which he shall receive notice thereof from the administrator of the fund. As a matter of course the separated member shall remain responsible for the payment of the four quarterly contributions left unpaid.
"These statutes were approved by the sovereign under date of August 22, 1872.
§ 7. The contributions, admission fees, and all other benefits accruing to the orphans' fund, as well as the interest of the capital fund, shall be added to the capital until this shall have reached 3,000 marks. Only from and after this time the revenues of the fund shall be available as benefits for orphans under the provisions below.
§ 8. Entitled to benefit from the orphans' fund are, in the first place, fatherless and motherless orphans of persons belonging to the university who were members of the orphans' fund until their death. Only if after sufficient consideration of these the fund shall permit, merely fatherless orphans of former members shall acquire claim. The pension is intended to be used for the education of the orphans and shall cease, as a rule, when this shall have been completed. Only in the event of special reasons, and if the condition of the fund shall permit this without infringement on the claims of other orphans, older orphans shall have a claim to pension. The investigation of the circumstances shall belong to the administration of the fund. However, against its decision appeal to the rector and concilium shall be permitted. This appeal shall be submitted to the rector within four weeks after receipt of the decision of the administration, to be given in writing, on penalty of definitive refusal. The decision of the concilium shall be made with the generally established rules for conciliary decisions under the academic statutes. However, the provision of § 19 of the academic statutes shall not apply in this case.
$ 9. The amount of the pensions shall be determined by the available means, which, after deduction of the expenses of administration, are to be applied exclusively to the purpose of the institute. (Compare above § 7.) Should, however, such application yield for one claimant 300 marks or more, then the sum of 300 marks shall stand as a maximum of the pension due and the excess shall be applied to the increase of the capital.
§ 10. The administration of the orphans' fund shall be conducted by the mem· bers themselves, and in such a way that for every four years one member shall be constituted as administrator. The election shall be made at a meeting to which all the members shall be called in writing by the administrator in office, and by absolute majority. If such majority shall not be obtained on the first ballot, further proceedings shall be under the provisions for the election of rector in the general academic statutes.
Each member shall be obliged to accept election, but not reelection. Should the administration become vacant in the course of the statutory time by death or resignation of the administrator, there shall be held immediately, on motion to be made by the predecessor of the administrator, a new election for the remaining time of the statutory term. In temporary detentions of the administrator his predecessor, eventually the predecessor of the latter, etc., shall officiate for the time of detention.
§ 11. The administrator shall determine in case of notice of accession whether the statutory requisites exist, then notify the association of the accession, draw up the certificate of admission, and eventually (see § 4) collect the admission fee. The administrator shall, furthermore, collect the quarterly contributions from all the members and the interest from invested capitals, finally receive, eventually, other donations to the fund, and give receipt therefor.
§ 12. The investment, recall, and cession of capitals, for which, as for all other money transactions for the fund, he shall be considered legitimized by his election, shall be within the authority of the administrator; however, he shall be subject therein to the approval of two members of the orphans' fund, elected by the council. In such decision the same principles shall be observed with reference to the required security which regulate the investment of academic moneys. The defeated minority in such decisions shall have appeal to the rector and concilium, whose decision shall be final in every case.
§ 13. Within two weeks after July 1 the administrator shall submit in a circular his account to the members for revision and correction, respectively. This revision and correction shall be completed by each individual member within at most eight days. If these terms shall be neglected, the administrator shall be held to the payment of a fine into the fund equal to an annual contribution, and each member to such fine equal to a semiannual contribution. After accomplished approval of the account by the association, it shall be submitted to the rector and concilium and here, like every other academic account, received and acknowledged.
§ 14. As assistant for the administrator a monitor may be elected by the association, on momentary notice and with a yearly pay of at most 10 marks, who shall attend to the collection, contributions, payments, etc.