The Leopardstown Park Hospital (Trust Deed Amendment) Act, 1974

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Number 1 (Private) of 1974

THE LEOPARDSTOWN PARK HOSPITAL (TRUST DEED AMENDMENT) ACT, 1974

ARRANGEMENT OF SECTIONS

Number 1 (Private) of 1974

THE LEOPARDSTOWN PARK HOSPITAL (TRUST DEED AMENDMENT) ACT, 1974

AN ACT TO AMEND THE TRUSTS OF AN INDENTURE OF CONVEYANCE IN TRUST DATED THE 16th DAY OF OCTOBER, 1917, AND MADE BETWEEN GERTRUDE FRANCES DUNNING OF THE ONE PART AND THE RIGHT HONOURABLE JOHN HODGE SIR MATTHEW NATHAN AND JOSHUA ALBERT FLYNN OF THE OTHER PART WHEREBY CERTAIN LANDS PREMISES AND HEREDITAMENTS SITUATE AT LEOPARDSTOWN, CARMAN HALL AND MURPHYSTOWN IN THE HALF BARONY OF RATHDOWN AND COUNTY OF DUBLIN WERE CONVEYED UPON TRUST TO ESTABLISH AND MAINTAIN THE HOSPITAL KNOWN AS THE LEOPARDSTOWN PARK HOSPITAL SO AS TO REMOVE RESTRICTIONS ON THE CLASS OF PERSONS ELIGIBLE FOR TREATMENT IN THE SAID HOSPITAL, TO EXTEND THE POWERS OF THE TRUSTEES THEREOF AND FOR OTHER PURPOSES RELATING THERETO. [12th March, 1974]

WHEREAS by Indenture of Conveyance in Trust dated the 16th day of October 1917 and made between Gertrude Frances Dunning of the one part The Right Honourable John Hodge Sir Matthew Nathan and Joshua Albert Flynn of the other part certain parts of the lands of Leopardstown, Carman Hall and Murphystown all situate in the Half Barony of Rathdown and County of Dublin were granted and conveyed subject as therein appearing unto the said parties of the second part to hold the same unto them their heirs and successors upon trust (1) that they and the survivors of them and all persons thereafter becoming Trustees in succession to them (all of whom are hereinafter included in the expression “the Trustees”) should cause or permit the buildings in and upon the said lands together with the said lands and premises to be equipped and furnished as a hospital sanatorium or home for the care and treatment of the persons therein described as “officers or men of His Majesty's Navy and Army” who had been or should thereafter be disabled or invalided while serving as such or who should then have been or should thereafter be retired or discharged from such service for such disablement or infirmity (2) that from and after the equipment of the said buildings lands and premises as such hospital sanatorium or home the Trustees should permit the same to be used for the reception care and treatment of the said persons and should efficiently maintain the said buildings lands and premises for the purpose aforesaid and keep the same in proper repair and condition until such time as the said buildings lands and premises should no longer be required for any of the said purposes whereupon the trusts and provisions in that behalf thereinbefore declared should absolutely cease and determine and the Trustees should thereupon hold the said lands premises and hereditaments thereinbefore granted upon trust for the said Gertrude Frances Dunning her heirs and assigns absolutely;

AND WHEREAS the said Hospital was duly established equipped and furnished and has since and is now being carried on and conducted in accordance with the provisions of the said Indenture of Conveyance in Trust;

AND WHEREAS by virtue of a Conveyance made the 20th day of December 1932 between Bernard Simon Dunning of the one part and the then Trustees of the said Indenture of 16th October 1917 of the other part the said Simon Dunning granted and conveyed to the said Trustees ALL THAT AND THOSE the reversions in fee simple fee farm and perpetuity respectively of the said Bernard Simon Dunning expectant upon the termination of the trusts contained in the said Indenture of 16th October 1917 and to ALL THAT AND THOSE the said hereditaments and premises comprised in and granted by the said Indenture upon the trusts appearing in the said Conveyance;

AND WHEREAS in recent years the number of persons under the trusts of the said Indenture of Conveyance in Trust to be received cared for and treated in the said Hospital has been reduced and it is desired to make the facilities of the Hospital available to persons in addition to those eligible for them under the terms of the said Indenture of Conveyance in Trust;

AND WHEREAS it is desired to amend and vary the trusts of the said Indenture of Conveyance in Trust to remove restrictions on the class of persons eligible for treatment in the said Hospital and to permit the Trustees of the said Hospital to admit thereto all such persons as they may think appropriate;

AND WHEREAS it is expedient that the other provisions in this Act contained should be enacted;

AND WHEREAS the purposes aforesaid cannot be effected without the authority of the Oireachtas.

BE IT THEREFORE ENACTED BY THE OIREACHTAS AS FOLLOWS: