sion for the time from their withdrawal from the widows' institute to the quarter year when they reentered, with compound interest at 4 per cent. § 33. The contributions to the widows' fund shall be paid in quarterly installments, in advance, from the day on which the reception of the individual member is fixed in the certificate of reception to the end of the quarter year in which the institute member shall have withdrawn, or, if not previously withdrawn, has died; in these cases, however, in which the widow and children or the heirs of the deceased institute member are entitled to or allowed a gratuity period until the end of such period. § 34. The statutory certificate fees, entrance fees, and contributions to the widows' fund shall, without exception, belong to the widows' institute after payment and shall never be returned, nor shall they be remitted under any circumstances to those who owe them wholly or in part, even by Government decree. The same applies to the arrearage payments under §§ 31 and 32. FOURTH SECTION: WIDOWS' PENSIONS AND THEIR COLLECTION. § 35. The widows' pensions insured for the institute members shall be paid only and exclusively to the widows to whom these members were married until their death. The widow entitled to pension shall receive the widow's pension insured to her husband at his death. But also in the event that an official entitled to participation in the widows' institute had not been received, or not received a higher rate, his widow shall be awarded the widow's pension which would have had to be insured for her deceased husband on payment of the fees which he would have had to pay on his reception in the widows' institute, or on his reception at a higher rate, until his death, provided that between the beginning of his title to reception and his death not more than six months shall have elapsed. § 36. The widow of an institute member who died within a year after conclusion of marriage shall have claim to the payment of the widow's pension only if she can show by the certificate of a physician that her husband at the time of his marriage did not suffer from a disease, ailment, or other bodily weakness in general which presaged his early death. § 37. The widow entitled to payment shall, within the quarter in which her husband died, prove to the administration (directory) of the widows' institute the death of said husband, on returning the last certificate of reception issued to him, by a certificate of death, and shall produce on request an official certificate (showing) that she was married to the deceased until his death. Furthermore, if the deceased institute member had taken up his residence in a foreign country, or if he stood in the service of a prince of MecklenburgSchwerin, residing essentially abroad, it shall be proved on request by a certificate of the government of his last residence that he had not entered foreign service, respectively that he had not become a foreign subject. § 38. Widows who did not already live abroad at the death of the husband whom his official position compelled to reside abroad, and who only after the beginning of their widowhood take up their residence abroad, or who-if the husband of his own free will resided abroad-retain such residence, shall lose their claim to the widow's pension otherwise due them for the time of their residence abroad. Nevertheless, in the presence of cogent reasons, the payment of the widow's pension into foreign parts may be awarded exceptionally under government dispensation, according to decision against a deduction therefrom up to 25 per cent. § 39. The payment of the widow's pension shall begin with the end of the quarter-respectively, in case of monthly payment of salary, of the month-in which the death of the institute member occurred, and shall be paid in quarterly installments at the beginning of the Easter, summer, fall, and Christmas quarters in advance. In the event, however, that the widow of the deceased, whether alone or together with the children and other heirs of her deceased husband, is entitled to or has awarded to her a gratuity period, [payment shall begin with the end of that period. However, eventual arrears of contributions to the widows' fund shall first be deducted under decision of the administration (directory) of the widows' institute. § 40. The widow's pension shall be paid only to the widow entitled to payment, or to her curator or special attorney, or, in the event that a pension already due at her death should not have been collected, to her heirs, to be regularly legitimized, or to their special attorney. Assignments, cessions, attachment, and seizures of widows' pensions are wholly inadmissible and not to be considered. § 41. For the purpose of collecting the installment of her widow's pension, the widow entitled thereto shall submit at the beginning of each quarter for the fund of the widows' institute a receipt drawn by her own hands, after the form in Appendix C. The receipt shall not be signed before the first day of the quarter for which it is drawn and shall contain under the signature of the widow who has drawn it the certificate of the local magistracy or the local preacher that she lives at the respective place in widowhood. § 42. The claim to widow's pension shall cease 1. With the death of the widow; 2. Unconditionally and forever with her marriage to another husband; so that the last payment shall be made for the quarter in which she shall have died. or shall have remarried. § 43. The widow's pension shall be forever withdrawn 1. If the widow shall have been legally convicted by court of the crime of intentionally killing her husband or of complicity in such crime; 2. Under decision and judgment of the administration (directory) of the widows' institute if, in the certificates and receipts to be statutorily submitted for collection of the widow's pension, false statements shall have been made by the widow herself, or with her knowledge, for the purpose of surreptitiously obtaining the payment of the widow's pension. FIFTH SECTION: THE DIRECTORY AND ADMINISTRATION OF THE WIDOWS' INSTITUTE. § 44. The widows' institute shall have its own directory of at least three and at most five members, of whom the oldest member shall always occupy the chair. The members of the directory shall be appointed by the sovereign from the higher administrative boards in Schwerin, and shall be placed under oath at their installment therein. In so far as the legal affairs of the widows' institute are concerned, these (members) are released from the obligations by which they are otherwise bound to the sovereign. They shall perform their duties without pay. § 45. The directory shall have the independent administration of the widows' institute in its entire compass and under the provisions of these statutes, yet under the supervision of the sovereign. Especially there belongs to the duties of the directory the care for the regular administration and computation of the widows' institute fund, established for the collection of all revenues and for the payment of all expenses of the widows' institute. § 46. The computer for the administration of the widows' institute fund and the required employees for the duties of secretaryship, registry, and subordinate matters shall be appointed under the directory and upon its nomination by the sovereign through the grand ducal ministry placed over the directory. The computer and the remaining subalterns shall receive a suitable salary from the widows' institute fund, to be fixed by the sovereign. The computer who, like the other appointed subalterns, shall be put under oath, shall furnish cash security, the amount of which shall be fixed by the authorized grand ducal ministry. § 47. The computer shall administer and compute the institute fund under the provisions of the law concerning the administration of public funds and in accordance with instructions to be given him by the directory; therefore he shall collect all revenues and pay all expenses of the institute, also submit annually to the directory a formal account and at the same time a complete survey of the condition of the property and fund of the widows' institute. This survey of the property and fund shall be submitted by the directory to the authorized grand ducal ministry and upon order of the latter published in print. § 48. Investments of capital and loans for the widows' institute shall be made by the computer only under order and approval of the directory. The securities concerning invested capitals shall be submitted by him to the directory and by this to the authorized grand ducal ministry, which shall issue a certificate as to their receipt. § 49. The computer shall see to it that the certificate fees, the entrance fees, and the contributions to the widows' fund, which he shall receive directly from those who owe them, or from the authorities commissioned to collect them, in fixed districts, shall be paid at the proper time. Eventual arrearages he shall, without delay, cause to be collected after three days' warning by executory process, by virtue of the executory power with which the widows' institute is invested generally and without regard to the jurisdiction (Gerichtsstand) of the several members of the institute. § 50. In the event not only that the executory process instituted under § 49 fails to lead to the payment of the widows' institute, but in general if the directory deems it desirable in its interest, the authorized grand ducal ministry shall, upon report of the directory, bring it about that the arrearages and future dues to the widows' institute shall be retained by the respective authorities from the salary or pension of the debtors or from the mortuary gratuities and gratuity quarters (Gnaden-quartale) and remitted to the widows' fund. With reference to the moneys thus retained the widows' fund precedes unconditionally all other claims, so that these moneys can under no circumstances be withheld or taken away from it. it. § 51. The directory uses in the execution of its papers the seal conferred upon The widows' institute fund has also been furnished a seal for its papers. § 52. The directory and the widows' institute fund have been invested with the franking privilege within the limits of Mecklenburg-Schwerin for all dispatches and money remittances closed with their seals and furnished with the superscription "Widows' institute matter." Also money remittances and receipts addressed to the widows' institute fund, with the superscription "Widows' institute contributions" and "Widows' institute receipts," respectively, and shall be carried free of postage within the limits of Mecklenburg-Schwerin. All mail matter, however, addressed to the widows' institute, the directory, and the fund thereof, for which freedom from postage has not been allowed, must be stamped on penalty of its return. § 53. Eventual complaints concerning the management of the computer shall be submitted to the directory. Complaints as to the management, orders, directions, and decisions of the directory, however, are to be made to the authorized grand ducal ministry, whose decision shall be final. Juridical process is not granted in any case. 2. Decree of March 10, 1886, supplementing and modifying the statutes, respectively, for the Widows' Institute for Civil and Military Officials of March 17, 1863, and for the Widows' Institute for Preachers, Organists, etc., of January 21, 1864. Article I.-The surviving legitimate children or children legitimized by subsequent marriage of a member belonging at the time of his death to the Widows' Institute for Civil and Military Officials or to the Widows' Institute for Preachers, Organists, etc., shall receive, in the event if there is present no widow entitled to the payment of the widow's pension insured for the member, from the fund of the widows' institute to which their father belonged, orphans' pension under the following provisions: § 1. The orphan's pension shall carry for each child one-third of the pension which was insured to the father at the time of his death for his eventual widow. § 2. The orphan's pension in the presence of several children entitled to payment shall not exceed the widow's pension insured to the member at the time of his death. In applying this provision the orphans' pensions shall be proportionately reduced. § 3. On the elimination of one of the orphans entitled to pension, the orphans' pensions of the remaining claimants shall be increased, beginning with the next following quarter, in so far as they are not as yet in the full enjoyment of the amounts due them under § 1. § 4. The payment of the orphans' pensions shall begin with the end of the gratuity period, respectively, with the end of the time for which the widow's pension has been paid to a surviving widow of the respective member. § 5. Orphans' pensions shall be paid quarterly in advance. § 6. The claim to the payment of orphans' pensions shall become extinct1. For each claimant with the end of the quarter in which he dies or is married; 2. For each orphan, moreover, with the end of the quarter in which he or she shall complete the eighteenth year of life. § 7. The right to the payment of orphans' pension shall be suspended1. If the claimant loses German citizenship, until its eventual recovery; 2. If before this decree shall take effect the claimant shall have been allowed gratuity pension from the fund of the sovereign to the amount of such gratuity pension and during the time of such allow ance. § 8. The request for payment of orphans' pension shall be made to the directory of the widows' institute liable for payment by the guardianship, which shall establish its legitimacy and submit the certificates of birth of the orphans entitled to payment. § 9. In addition to the above provisions, the provisions of the statutes of the two widows' institutes shall have corresponding application. Article II.-For Appendix A of the statutes of the Widows' Institute for Civil and Military Officials of March 17, 1863, Appendix A of this decree shall be substituted. Article III.-The present decree shall take effect on the day of its promulgation with the proviso that the members of the widows' institutes received before that day shall have the right to request of the directory of the widows' institute their new reception under Appendixes A and B until July 1 of this year, but that the new reception shall be dated on April 1 of this year. APPENDIX A.-Classification table of the Widows' Institute for Civil and Military Officials. 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 ixed above shall be admitted also subsequently if, at the time, they shall not nave 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. |