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CORK INFIRMARY ACT 1771
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CHAP. XXIII.
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An Act for establishing an infirmary in the south suburbs of the city of Cork, and to vest an house and front lot of ground in the south suburbs of said city (or any other house or grounds that may be taken) in certain trustees for ever, and to give such trustees such power as may be necessary to promote and execute the purposes of an infirmary in the south suburbs of the city of Cork.
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House and front lot of ground in south suburbs of Cork, or any other taken vested in trustees named, for charitable uses, herein mentioned, trustees,
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WHEREAS the number of sick increasing in proportion to the inhabitants of the city of Cork has encouraged many benevolent persons to propose founding another charitable infirmary in the south suburbs of the said city: and whereas by a voluntary subscription and some charitable benefactions in hand, together with the offers of gentlemen in physick and surgery and others to assist said charity by their assiduous attendance and aid without fee or reward, they have been enabled to take a large house and front lot of ground in the south suburbs of the said city of Cork in trust for said charity, and at a great expence altered and opened it for the reception of patients, August the second one thousand seven hundred and sixty two: and whereas from that time many * mean, diseased, and infirm poor persons have been received into the house, and duly attended by physicians and surgeons without fee or reward, to the great relief of the poor and benefit of the publick, which said house, from the length of time it has been built, is now in a decayed and ruinous situation: and whereas many benevolent and well disposed inhabitants of said city of Cork are desirous, that the said house and front lot of ground, or any other house or ground in the south suburbs of the city of Cork, that may be thought more convenient, may be purchased or hired by the majority of the trustees herein after mentioned for erecting an hospital on, and shall be vested in the persons herein after named as a body corporate upon the trusts and to the intents herein after mentioned: now to the intent and purpose that the said house and front lot of ground in the south suburbs of said city of Cork, or any other house or ground so taken in the south suburbs of the said city, that may be thought more convenient by the majority of the trustees herein after named, may for ever hereafter be appropriated to the said pious and charitable uses, and for the better carrying into execution the said charitable design, be it enacted by the King’s most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that the said house and front lot of ground in said south suburbs of said city, or any other house or buildings which at any time hereafter shall be erected thereon, or said other house or piece of ground in the south suburbs of said city that may be thought more convenient by the majority of the herein after mentioned trustees, and any house or buildings that at any time hereafter may be erected thereon, shall be vested in the several persons herein after named; (that is to say) the most reverend his grace Michael lord archbishop of Cashel, and his successors archbishops of Cashel, the right honourable William earl of Inchiquin, the right honourable Richard carl of Shannon, the right reverend Isaac lord bishop of Cork and Ross, and his successors bishops of Cork and Ross, the right reverend Jemmat Brown late bishop of Cork and Ross, and now bishop of Elphin, the right reverend Charles lord bishop of Ossory, and his successors bishops of Ossory, the right reverend Charles lord bishop of Cloyne, and his successors bishops of Cloyne, the right honourable John Hely Hutchinson, and William Brabazon Ponsonby esquires, representatives in parliament for the said city of Cork, and the representatives in parliament for the said city for the time being, Richard Town-send and John Hyde esquires, knights of the shire for the county of Cork, and the knights of the shire for the said county for the time being, James Dennis esquire, the mayor of the said city of Cork, the recorder of the said city of Cork, the sheriffs of the said city of Cork, all for the time being, Charles Dunbar esquire, John Ponsonby esquire, Richard Longfield esquire, the dean, archdeacon, and chancellor of Cork for the time being, the ministers of the parish of St. Mary Shandon, and his successors for the time being, minister of St. Anne’s parish, and his successors for the time being, the ministers of Christ church and his successors for the time being, the minister of the parish of St. Paul, and his successors for the time being, all in the said city or suburbs thereof, and their successors for the time being, to the intent and purpose, and upon this special trust and confidence, that the said house and front lot of ground, and the buildings that now are or that may be erected thereon, or any other house or ground in the south suburbs of the said city of Cork that shall be thought more convenient by the majority of the said trustees, and all buildings which are or shall be erected thereon, shall for ever hereafter be applied and disposed of to the pious and charitable uses herein mentioned.
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Trustees, for said infirmary may take by lease or purchase lands in south suburbs for any term of years to said uses.
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II. And be it enacted by the authority aforesaid, that it shall and may be lawful to and for the said trustees for the said infirmary from time to time, and at any time, to accept of or take by lease or purchase any lands, tenements, or hereditaments, in the south suburbs of the said city of Cork, for any term or number of years, to the intent and purpose, and upon this special trust and confidence, that the said lands, tenements, or hereditaments, so given or taken by lease, or purchased, and all buildings which now are erected or that shall be erected thereon, shall for ever hereafter be applied to and disposed of to the pious and charitable uses herein mentioned; and the said lands, tenements, and hereditaments, which shall be either as aforesaid given or taken by lease or purchased, and all houses and buildings that are now erected thereon, or that shall or may be erected thereon, shall be vested in and settled upon the aforesaid trustees to be applied and disposed of to the aforesaid uses.
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A body corporate for ever for executing the charity,
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III. And be it enacted by the authority aforesaid, that from and after the first day of July in the year of our lord one thousand seven hundred and seventy two there shall be a body corporate to continue for ever for the execution of the said charitable design, which body corporate shall consist of the several persons herein after named, that is to say, the most reverend his grace Michael lord archbishop of Cashel, and his successors archbishops of Cashel, the right honourable William earl of Inchiquin, the right honourable Richard earl of Shannon, the right reverend Isaac lord bishop of Cork and Ross, and his successors bishops of Cork and Ross, the right reverend Charles lord bishop of Ossory, and his successors bishops of Ossory, the right reverend Charles lord bishop of Cloyne, and his successors bishops of Cloyne, the right honourable John Hely Hutchinson and William Brabazon Ponsonby, representatives in parliament for the said city of Cork, and the representatives in parliament for the said city for the time being, Richard Townsend and John Hyde esquires, knights of the shire for the county of Cork, and the knights of the shire for the said county for the time being, James Dennis esquire, the mayor of the said city of Cork, the recorder of the said city of Cork, the sheriffs of the said city of Cork, all for the time being, Charles Dunbar esquire, John Ponsonby esquire, Richard Longfield esquire, the dean, archdeacon, and chancellor of Cork for the time being, the minister of the parish of St. Mary Shandon and his successors for the time being, the minister of St. Anne’s parish and his successors for the time being, the minister of Christ church and his successors for the time being, the minister of the parish of St. Paul and his successors for the time being, all in the said city or suburbs thereof, for the time being.
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Named,
have common seal,
meet as occasion,
5 may make or alter rules,
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IV. And be it further enacted by the authority aforesaid, that from and after the first day of July one thousand seven hundred and seventy two the most reverend his grace Michael lord archbishop of Cashel, and his successors archbishops of Cashel, the right honourable William earl of Inchiquin, the right honourable Richard earl of Shannon, the right reverend Isaac lord bishop of Cork and Ross, and his successors lord bishops of Cork and Ross, the right reverend Charles lord bishop of Ossory, and his successors bishops of Ossory, the right reverend Charles lord bishop of Cloyne, and his successors bishops of Cloyne, the right honourable John Hely Hutchinson and William Brabazon Ponsonby esquires, representatives in parliament for the said city of Cork, and the representatives in parliament for the said city for the time being, Richard Townsend and John Hyde esquires, knights of the shire for the county of Cork, and the knights of the shire for the said county for the time being, James Dennis esquire, the mayor of the said city of Cork, the recorder of the said city of Cork, the sheriffs of the said city of Cork, all for the time being, Charles Dunbar esquire, John Ponsonby esquire, Richard Longfield esquire, the dean, archdeacon, and chancellor of Cork for the time being, the minister of the parish of St. Mary Shandon and his successors for the time being, the minister of St. Anne’s parish and his successors for the time being, the minister of Christ church and his successors for the time being, the minister of the parish of St. Paul and his successors for the time being, all in the said city of Cork or suburbs thereof, and their successors for the time being, shall for ever thereafter in name and fact to be one body politick and corporate in law for the charitable purposes herein contained, and shall have perpetual succession, and shall be called by the name of the trustees for the south charitable infirmary of the city of Cork, and that they shall be enabled to plead and sue, and to be impleaded and sued, by that name in all his Majesty’s courts of justice, and shall and may appoint a common seal and seals for the use of the said corporation, and shall have power and authority to meet together as often, as there shall be occasion, and the said trustees and their successors, or any five or more of them, bring so assembled shall have power to make such reasonable laws, rules, orders, and regulations, for the better government and management of the said infirmary, as they shall think necessary and convenient, and to revoke and alter the same at their discretion.
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15 subscribers 12 months before elected annually, and added to the trustees as if herein named.
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V. And be it further enacted by the authority aforesaid, that the said trustees or any five or more of them shall on the first Wednesday, which shall be in the month of July one thousand seven hundred and Seventy two, proceed to elect fifteen fit persons out of such, as at the time of such election shall have been subscribers for the space of twelve calendar months previous to such election towards the support of the said infirmary, and the charitable purposes therein to be carried on, which fifteen persons shall be elected by the majority of the trustees and subscribers to the said infirmary then present in the said infirmary house; and that such fifteen persons so to be elected, added to the trustees herein before named, and shall to all intents and purposes, and as if their names were herein particularly inserted, be deemed and taken to be trustees for the said infirmary from the day next after their being elected until the day next after the first Wednesday, which shall be in the month of July in the year of our Lord one thousand seven hundred and seventy three, and for no longer time, by virtue of such election; and that the said trustees herein before named, and the trustees from time to time to be elected, pursuant to this act, or any five of them, shall in like manner on the first Wednesday, which shall be in the month of July in the year of our Lord one thousand seven hundred and seventy three, and on the first Wednesday which shall be in the month of July in every subsequent year, proceed to elect fifteen fit persons out of such persons, as at the time of such election shall have been such subscribers as aforesaid towards the support of the said infirmary, and the charitable purposes therein to be carried on; which fifteen persons shall be elected by the majority of the trustees and subscribers to the said infirmary then present in the said infirmary house; and that such fifteen persons, so from time to time to be elected, shall be added to the trustees herein before named, and shall to all intents and purposes, and as if their names were herein particularly inserted, be deemed and taken to be trustees for the said infirmary from the day next after their being elected until the day next after the first Wednesday, which shall be in the month of July in the year next following the time of their being elected, and for no longer time, by virtue of any one election.
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Trustees may take lands 1000l. a year, or any personal, for said infirmary.
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VI. And be it further enacted by the authority aforesaid, that the said trustees for the said infirmary shall and may without licence in mortmain purchase, take, or receive any manors, lands, tenements, annuities, or hereditaments in possession, reversion, or contingency, not exceeding the value of one thousand pounds a year in the whole, of the alienation, gift, or devise of any person or persons having a right, and not being otherwise disabled to alien, grant, or demise the same, who are hereby enabled to transfer and grant the same accordingly, or any goods, chattles, and personal estate whatsoever, as well for the enlarging the said house, rebuilding it, or taking any other house or piece of ground in the fourth suburbs of said city, as the majority of the said trustees should think most convenient, or enlarging or building on the same, as for the relief, support, and maintenance of the maimed, sick, and infirm persons, who are to receive the benefit of the said infirmary.
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May recover legacies or gifts in trust,
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VII. And be it further enacted by the authority aforesaid, that the said trustees for the said infirmary, and their successors, shall have power and authority to recover all legacies, gifts, and bequests, made to any person or persons whatsoever in trust for the said infirmary, or for any of the charitable purposes therein carried on or to be carried on at any time or times previous to the first day of July one thousand seven hundred and seventy two.
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Lease, 31 years reserving half yearly the best rent.
no fine or consideration,
not in revertion.
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VIII. And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said trustees for the said infirmary from time to time by indenture under their common seal to demise or lease any lands, tenements, or hereditaments, vested or to be vested in them in pursuance of this act, or any part or parcel thereof, for any term or number of years not exceeding the term of thirty one years, so as upon every such demise or lease there be reserved and made payable half yearly to the trustees for the said infirmary and their successors during the said term as much rent, as at the time of making such lease can be really and bona fide had for the same from a solvent tenant; and so as no fine, or income, or other consideration be taken for the same, other than the said rents to be reserved to the trustees for the said infirmary and their successors; and so as every such demise or lease be made in possession and not in reversion.
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Other leases void.
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IX. And be it further enacted by the authority aforesaid, that all leases made of such lands, tenements, or hereditaments, in any other manner, shall not be good or available in law, but shall be to all intents and purposes null and void.
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A publick act.
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X. And be it further enacted by the authority aforesaid, that this act shall be deemed, and taken, and allowed in all courts within this kingdom as a publick act, and that as such all judges shall take notice thereof without specially pleading the same.
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