County Hospitals Act 1765

COUNTY HOSPITALS ACT 1765

CHAP. XX.

An Act for erecting and establishing Publick Infirmaries or Hospitals in this Kingdom.

Amended by 13 & 14 G. 3. c 43.

15 & 16 G. 3. c. 31.

17 & 18 G. 3. c. 15. and extended by 21 & 22 G. 3. c. 13. and by 25 G. 3. c. 39. s. 40.

The Primate, lord Chancellor, rector or vicar, a perpetual corporation for establishing publick infirmaries in certain counties,

erected as appointed by the respective corporation in the county towns, or not above 1 mile from the court house.

counties excepted, wherein erected in particular places named.

WHEREAS providing receptacles in the several counties of this kingdom herein after mentioned for the poor, who are infirm and diseased, would be a means of restoring the health and preserving the lives of many of his Majesty’s subjects, of promoting labour and industry, and of encouraging the manufactures of this kingdom: 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 his grace the archbishop of Armagh, the lord high chancellor for the time being, the bishop of the diocese and rector or vicar of the parish for the time being, wherein any such infirmary or hospital, as is herein after mentioned, shall be situated, shall from and after the twenty fourth day of June one thousand seven hundred and sixty six, within their several and respective counties, for ever in name and fact be several bodies politick and corporate in law to all intents and purposes, and more especially for the purpose of erecting or establishing publick infirmaries or hospitals in the several and respective counties herein after mentioned (that is to say) in the counties of Armagh, Cavan, Down, Fermanagh, Londonderry, Monaghan, Tyrone, Carlow, Kilkenny, King’s County, Longford, Lowth, Leitrim, Queen’s County, Westmeath, Wexford, Wicklow, Clare, Kerry, Limerick, Galway, Roscommon, and Sligo; the said several infirmaries or hospitals to be erected or established in such places respectively, as shall be approved of by the respective corporations of said counties, in the several and respective county towns, or at a distance not exceeding one mile from the court house in the county town of each and every of the said counties; excepting the counties of Meath, Antrim, Donegal Kildare, Cork, Mayo, and Tipperary; the infirmaries or hospitals for the said last mentioned counties, to be erected and established in the several and respective towns hereinafter mentioned; (that is to say) the infirmary or hospital for the county of Meath to be erected or established in the town of Navan in that county; for the county of Antrim in the town of Lisburne in that county; for the county of Cork in the town of Mallow in that county; for the county of Mayo in the town of Castlebar in that county; for the county of Donegal in the town of Letterkenny in that county; for the county of Kildare in the town of Kildare in that county; for the county of Tipperary in the city of Cashel in that county.

Donor of 20 guineas a member respectively,

of 3 guineas a member for 1 year from 24 June after,

called governors, &c.

perpetual succession,

sue and be sued,

have common seal,

purchase lands 200l, yearly.

personal to any amount, in trust for the infirmary,

and employ, unless by donor directed,

receive donations till treasurer appointed.

II. And be it further enacted by the authority aforesaid, That every donor of any sum, not less than twenty guineas, to any of the said infirmaries or hospitals shall from the time of such donation be a member of the body corporate for such respective infirmary or hospital; and every person, who shall subscribe and pay any sum, not less than three guineas, for the use of any of the said infirmaries or hospitals, shall be a member of the body corporate for such respective infirmary or hospital for one year from the twenty fourth day of June next following such subscription and payment; which said several bodies politick and corporate shall have perpetual succession, and be called the governors and governesses of the respective county infirmaries or hospitals in this kingdom; and shall be enabled to plead and be impleaded, and to sue and be sued by those names of incorporation respectively, and shall and may have a common seal for their use, and may without licence in mortmain purchase, take, and receive any lands, tenements, or hereditaments whatsoever, not exceeding the annual value of two hundred pounds, and shall and may be capable of taking gifts, grants, contributions, and benefactions to any amount in personal property, in trust for the sole use and benefit of the infirmary or hospital of the particular county, to which such benefactions shall be made; and shall have power to employ the same for the use of the said infirmary or hospital in such manner, as they shall judge proper, unless the donor shall direct the manner of applying such benefaction, in which case the directions of the donor shall be observed, and shall and may receive receive all donations and subscriptions for the support of the said infirmaries or hospitals, until such time as a treasurer shall be appointed in the manner and for the purposes herein after mentioned.

Tenants for life remainder to issue in tail may grant or lease in perpetuity at full improved rent two acres or house or houses contiguous,

Governors impowered to take for an infirmary.

III. And be it further enacted by the authority aforesaid, That all tenants for life with remainders to the first and other sons in tail shall be and are hereby impowered to make fee farm grants or leases in perpetuity to the respective governors or governesses of each county infirmary or hospital of any quantity of ground, not exceeding two acres, or of one or more houses contiguous with each other, at the full improved rent; which fee farm grants and leases the said governors shall, and are hereby impowered to take respectively for building and erecting an infirmary or hospital for each respective county on such ground, or for converting such house or houses into an infirmary or hospital for such respective county.

When sit for patients notice in 2 Dublin papers of time and place of electing a surgeon within 21 days,

surgeon qualified on certificate of serving regularly 5 years and being properly examined.

so elected on vacancy.

IV. And be it further enacted by the authority aforesaid, That as soon as an infirmary or hospital shall be erected or established in any of the said counties, and sit for the reception of patients, the governors or governesses shall give notice in two of the Dublin news papers, that such infirmary or hospital is ready for the reception of patients, and that they will on a certain day (which shall be twenty one days at least from the date of the said notice, and specifying the time and place) proceed to the election of a surgeon for the said infirmary or hospital; and that no person shall be capable of being elected, who shall not have served a regular apprenticeship of five years to a surgeon, and have likewise undergone an examination before the surgeon general, the visiting surgeon, the two assistant surgeons, and the resident surgeon of doctor Stephen’s hospital, and the five senior surgeons of Mercer’s hospital, both situate in the city or suburbs of Dublin, or such a number of them as they shall at any time appoint to make such examination; and shall produce a certificate from the said examiners, or the major part of them, that he hath served an apprenticeship of five years to a surgeon, and hath undergone a proper examination as aforesaid, and is in all respects qualified to be a surgeon to the said infirmary or hospital; and in case of a vacancy of a surgeon in any of the said infirmaries or hospitals the governors and governesses shall proceed to elect in the manner and form aforesaid.

Not above 1col. a year to each surgeon out of publick money,

applied to physician or surgeon or other use of infirmary from entering on office and treasurer’s certificate,

paid half yearly by vice treasurer, whose receipts allowed in accounts.

V. And be it further enacted by the authority aforesaid, That the surgeon, so to be chosen and appointed as aforesaid for the said respective county infirmaries or hospitals, shall each of them be paid by the year a sum not exceeding one hundred pounds, to be paid out of the publick money; which sum of one hundred pounds shall be applied either to physician or surgeon, or other use of the infirmary or hospital, as the said governors or governesses shall think proper, and to commence from the time when each respective physician or surgeon shall enter upon his office, and obtain a certificate thereof from the treasurer of such respective infirmary or hospital; which said sum of one hundred pounds shall be paid half yearly by the vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies, each treasurer of such hospital or infirmary as aforesaid respectively giving his receipts for the same; which receipts shall be allowed as vouchers to such vice treasurer or vice treasurers, his or their deputy or deputies, in passing his or their accounts.

County presentment every summer assises not above 100l. nor under 50l. paid to county treasurer, and by him to infirmary treasurer,

applied for food, medicines, and necessaries, repairs, furniture, and rents.

VI. And be it further enacted by the authority aforesaid, That the grand jury of each of the aforesaid counties shall at the first summer assizes, after each infirmary or hospital shall be fit for the reception of patients, and at every summer assizes after, present a sum not exceeding one hundred pounds, nor less than fifty pounds, to be raised upon each county at large, and paid to the treasurer of each respective county, to be by him paid over to the treasurer of each respective infirmary or hospital on his drafts or receipts; which drafts or receipts shall be allowed as vouchers to the said respective county treasurers in the passing their respective accounts; and which money shall be applied by the governors and governesses of the respective infirmaries or hospitals in providing food, medicines, and other necessaries for the patients, in repairing the respective buildings and the furniture thereof, and in paying the rents of the several infirmaries or hospitals.

5 governors a quorum,

4 quarterly meetings at the infirmary,

elect or remove surgeon and servants, and regulate the whole,

appoint standing committees in intervals,

and by like advertisement summon general boards to supply vacancies.

Treasurer appointed at general board,

VII. And be it further enacted by the authority aforesaid, That the governors and governesses of each respective infirmary (five of whom shall be a quorum) shall have four general quarterly meetings in every year at such respective infirmary or hospital; and shall at any general meeting have power to elect or remove a physician, or surgeon, and servants, and to order and regulate the whole œconomy and expences of such respective infirmaries or hospitals, and shall have power to appoint standing committees to inspect the management thereof in the intervals between the general meetings; and in case of a vacancy of a physician or surgeon by death or otherwise to summon by advertisement in two of the Dublin news papers general boards on those particular occasions for the purpose of supplying every such vacancy; at which general boards five shall be a quorum.

to receive donations,

act without fee,

accountable at meeting,

sued by governors for sums received.

VIII. And be it further enacted by the authority aforesaid, That the governors and governesses of each respective infirmary or hospital at their first general meeting, and from time to time thereafter at any general board, as occasion shall require, shall and are hereby impowered to appoint a treasurer of the said infirmary or hospital; who shall receive all annual subscriptions and donations for the benefit of the said infirmary or hospital, and shall act without fee or reward, and be accountable to the governors and governesses at their four general quarterly meetings: and that the said governors and governesses shall and may sue and recover from such treasurer all sums by him received for the benefit of such infirmary or hospital.

No patient admitted but on certificate of a governor,

on sudden accident discretionary in the physician or surgeon,

admitted by priority of recommendation,

certificates preserved as vouchers.

IX. And be it further enacted by the authority aforesaid, That no patient shall be admitted into any of the said infirmaries but upon a written recommendation from one of the governors or governesses of the said infirmary or hospital, certifying that such a person is a proper object of the said charity, except in cases of sudden accidents, which may require immediate relief; in which cases it shall be discretionary in the physician or surgeon of the said infirmary or hospital to receive or reject such patient; and in case it shall happen, that more patients shall be so recommended, than any of the said infirmaries or hospitals shall be capable of receiving, then the physician or surgeon shall admit them according to the priority of their several recommendations; and the certificates shall be carefully preserved by the respective physicians and surgeons as vouchers, that the patients were admitted in the manner aforesaid.

Cork.

50l. yearly out of publick money to each treasurer of the 2 infirmaries in Cork.

X. And whereas two publick infirmaries or hospitals have been erected in the city of Cork one called the north and the other the south infirmary, and are only supported by voluntary subscriptions; which subscriptions are not sufficient for providing physicians or surgeons, and also food, medicines, and other necessaries for the poor patients therein: therefore be it enacted by the authority aforesaid, That the yearly sum of fifty pounds shall be paid out of the public money to the treasurer of each of the said infirmaries; and that the said sum of fifty pounds shall be paid half yearly by the vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies; the first payment thereof to be made on the twenty fifth day of December next, each treasurer respectively giving his receipts for the same; which receipts shall be allowed as vouchers to the said vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies, in passing his or their accounts.

Presentment for Cork city every summer assizes not above 100l, nor under 50l. paid over to each treasurer, and allowed in accounts.

XI. And be it further enacted by the authority aforesaid, That the grand jury of the county of the said city of Cork at the next summer assizes after the end of this present session of Parliament, and at every summer assizes afterwards, shall have power to present a sum not exceeding one hundred pounds, nor less than fifty pounds, to be raised on the county of the said city, and paid to the treasurer thereof, to be by him paid over to the treasurers of the said infirmaries (to wit) a sum not exceeding fifty pounds to the treasurer of the said north infirmary, and a sum not exceeding fifty pounds to the treasurer of the said south infirmary, on their respective drafts or receipts; which drafts or receipts shall be allowed as vouchers to the treasurer of the county of the said city in the passing of his accounts.

Applied by the respective governors as aforesaid.

XII. And be it enacted by the authority aforesaid, That the money so to be paid by the vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies, to the treasurer of each of the said infirmaries, shall be applied by the governors and governesses of the said infirmaries in payment of physicians or surgeons for the same, or for such other purposes as the governors and governesses of the said infirmaries shall respectively find adviseable for the benefit of the said infirmaries, and the patients therein; and that the money so to be raised by the grand jury of the county of the said city, and to be paid to the treasurer of each of the said infirmaries, shall be applied by the governors and governesses of the same in providing food, medicines and other necessaries for the patients, in repairing the said infirmaries and the furniture thereof, and in paying the rents of the said infirmaries.

Dublin.

150l. out of publick money yearly equally divided between the 3 infirmaries in Dublin.

paid half yearly.

XIII. And whereas three publick infirmaries or hospitals have been erected in city of Dublin, one called the Charitable Infirmary on the Inns quay, another Mercer’s Hospital in saint Stephen street, and a third the Hospital for Incurables on Lazers hill and are supported by voluntary subscriptions, which subscriptions are not sufficient for providing physicians or surgeons, and also food, medicines, and other necessaries for the poor patients therein; therefore be it enacted by the authority aforesaid, That the yearly sum of one hundred and fifty pounds shall be paid out of the publick money to the treasurers of the said Charitable Infirmary, Mercer’s Hospital, and the Hospital for Incurables, to be equally divided between the said Infirmary and Hospitals; the said sum of one hundred and fifty pounds shall be paid half yearly by the vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies; the first payment thereof to be made on the twenty fifth day of December next, each treasurer respectively giving his receipts for the proportion he shall receive of the same; which said receipts shall be allowed as vouchers to the said vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies, in passing his or their accounts.

Presentment for Dublin city every Trinity term, not above

I nor under 75l. paid over to treasurer of each infirmary.

XIV. And be it further enacted by the authority aforesaid, That the grand jury of the county of the said city of Dublin at the next Trinity term after the end of this present session of Parliament, and at every Trinity term afterwards, shall have power to present a sum, not exceeding one hundred and fifty pounds, nor less than seventy five pounds, to be raised on the county of the said city, and paid to the treasurer thereof, to be by him paid over to the treasurers of the said Infirmary and hospitals; to wit, a sum not exceeding fifty pounds to the treasurer of the said Charitable Infirmary, a sum not exceeding fifty pounds to the treasurer of the said Mercer’s hospital; and a sum not exceeding fifty pounds to the treasurer of the said Hospital for Incurables, on their respective drafts or receipts; which drafts or receipts shall be allowed as vouchers to the treasurer of the county of the said city in the passing of his accounts.

Applied by respective governors as aforesaid.

XV. And be it enacted by the authority aforesaid, That the money so to be paid by the vice treasurer or vice treasurers of this kingdom, his or their deputy or deputies, to the treasurers of each of the said infirmary and hospitals, shall be applied by the governors and governesses of the said infirmary and hospitals in payment of physicians and surgeons for the same, or for such other purposes as the governors or governesses of the said infirmary or hospitals shall respectively find adviseable, for the benefit of the said infirmary or hospitals, and the patients therein; and that the money so to be raised by the grand jury of the county of the said city, and to be paid to the treasurer of each of the said infirmary and hospitals, shall be applied by the governors and governesses of the same in providing food, medicines, and other necessaries for the patients, in repairing the said infirmary and hospitals, and the furniture thereof, and in paying the rents of the said infirmary and hospitals.