S.I. No. 77/1951 - The Hospital of Saint Margaret of Cortona Transfer Order, 1951.


S.I. No. 77 of 1951.

THE HOSPITAL OF SAINT MARGARET OF CORTONA TRANSFER ORDER, 1951.

The Minister for Health in exercise of the powers vested in him by Section 16 of the Health Act, 1947 (No. 28 of 1947), hereby orders as follows :—

1. This Order may be cited as the Hospital of Saint Margaret of Cortona Transfer Order, 1951, and shall come into operation on the 1st day of April, 1951.

2. In this Order—

the expression " the Hospital " means the Hospital of Saint Margaret of Cortona, formerly known as the Westmoreland Lock Hospital ;

the expression " the existing governing body " means the Board of Governors for the time being of the Hospital ;

the expression " the Corporation " means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin ;

the expression " the Act of 1856 " means the Dublin Hospitals Regulation Act, 1856 (19 and 20 Vic., c. 110).

3. (a) The control and management of the Hospital are hereby transferred to the Corporation and the Hospital shall be taken over and maintained by the Corporation ;

(b) The existing governing body shall be dissolved and shall cease to exist and the provisions of the Act of 1856 shall cease to have effect in relation to the Hospital and the existing governing body.

4. All property whether real or personal (including choses-in-action) which is vested in or belongs to or is held in trust for the existing governing body or for the purposes of the Hospital and all rights, powers and privileges relating to or connected with any such property shall without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation or company become and be vested in, or be the property of or held in trust for (as the case may require) the Corporation for all the estate, term or interest for which the same immediately before the date of commencement of this Order was vested in or belonged to or was held in trust for the existing governing body or for the purposes of the Hospital.

5. All property transferred by Article 4 hereof which immediately before the date of commencement of this Order was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the existing governing body shall, upon the request of the Corporation, be transferred in such books by such bank, corporation or company into the name of the Corporation.

6. Every chose-in-action transferred by Article 4 hereof from the existing governing body may be sued upon, recovered or enforced by the Corporation in its own name and it shall not be necessary for the Corporation to give notice to the person bound by such chose-in-action of the transfer effected by this Order.

7. (a) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the date of commencement of this Order was owing and unpaid or has been incurred and is undischarged by the existing governing body shall become and be the debt or the liability of the Corporation and shall be paid or discharged by or may be recovered from or enforced against the Corporation accordingly.

(b) In this Article the expression " liability " includes any annuity by way of superannuation granted under Section 9 of the Act of 1856, to an officer or servant, within the meaning of the Act of 1856, of the Hospital.

GIVEN under the Official Seal of the Minister for Health this Thirtieth day of March, One Thousand Nine Hundred and Fifty-one.

NOËL C. BROWNE,

Minister for Health.