Hospitals Federation and Amalgamation Act, 1961

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FOURTH SCHEDULE.

Agreement dated the 15th day of May, 1961 between Trinity College, the Royal College of Physicians and Sir Patrick Dun's Hospital.

Section 25.

THIS INDENTURE made the 15th day of May One thousand nine hundred and sixty-one BETWEEN THE PROVOST FELLOWS AND SCHOLARS OF THE COLLEGE OF THE HOLY AND UNDIVIDED TRINITY OF QUEEN ELIZABETH near DUBLIN (hereinafter called “Trinity College Dublin”) of the First Part THE PRESIDENT AND FELLOWS OF THE ROYAL COLLEGE OF PHYSICIANS OF IRELAND of 6 Kildare Street in the City of Dublin (hereinafter called “the College of Physicians”) of the Second Part and THE HONOURABLE CONOR A. MAGUIRE of Ashurst Mount Merrion Blackrock in the County of Dublin Chief Justice of the Republic of Ireland THE HONOURABLE CAHIR DAVITT of Dungriffan Sydney Parade Avenue Ballsbridge Dublin President of the High Court of Justice THE HONOURABLE CECIL LAVERY of Carrickbrennan House Monkstown in the County of Dublin Senior Ordinary Judge of the Supreme Court being the Visitors of the Royal College of Physicians of Ireland: ROBERT E. STEEN M.D. of Mount Sandel Carrickmines County Dublin President of the Royal College of Physicians of Ireland ANNA M. E. McCABE M.D. of Weston, 26 Rathgar Road, Dublin, Vice-President of the Royal College of Physicians of Ireland RICHARD S. W. BAKER M.D. of 38 Elgin Road, Dublin ANNA M. E. McCABE M.D. of Weston 26 Rathgar Road Dublin, FRANCIS FREDERICK KANE M.D. of Fever Hospital Purdysburn Belfast and RAYMOND GERARD CROSS M.D. of 2 Burlington Road Dublin, being the Censors of the said College: ALBERT JOSEPH McCONNELL of Provost's House Trinity College in the City of Dublin Esquire Provost of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin: SEAN MOORE P.C. of 25 Victoria Avenue Donnybrook Dublin CATHERINE BYRNE of 5 Seafort Terrace Sandymount Dublin NORA REDDIN of Ashleaf Templeogue County Dublin LILY STEPHENS of 2 Harcourt Terrace Dublin SASCHA KENNY of 53 Mespil House Flats Dublin CHRISTOPHER GORE-GRIMES of 6 Cavendish Row Dublin OWEN SHEEHY SKEFFINGTON of The Cottage, Hazlebrook, Terenure Road West, Terenure, Dublin, DONALD RICHARDSON of Fairhaven, Ballybrack, County Dublin, DOUGLAS HEARD of Stone Cottage, Killiney Hill Road, Killiney, County Dublin, ALFRED HENRI MASSER of Annesley Works, East Wall Road, Dublin, WILLIAM JOHN EDWARD JESSOP of Hillside Drive, Castle Park, Dublin and JOHN AINSLIE MACKEOWN C.I.E. of 57 Leeson Park, Dublin, being the Governors of Sir Patrick Dun's Hospital of the Third Part WHEREAS under the Will of Sir Patrick Dun dated the sixteenth day of November One thousand seven hundred and eleven and proved on the twenty-fourth day of June One thousand seven hundred and thirteen and by virtue of the Statute of 40 George III cap. 84 (hereinafter referred to as “The School of Physic Act”) as amended by the School of Physic (Ireland) Amendment Act 1867, 30 Vic. cap. 9 and by the Statute Law Revision Act 1879 42 and 43 Vic. cap. 24 and the Statute Law Revision Act 1893 56 and 57 Vic. cap. 14 the Trust Funds and property now representing the Estate of the said Sir Patrick Dun are vested in the College of Physicians upon Trust after payment out of the income thereof of certain annual charges amounting in the aggregate to the sum of Four hundred and ninety-nine pounds seven shillings to apply the surplus income for the support and maintenance of Sir Patrick Dun's Hospital AND WHEREAS under and by virtue of the Statutes aforesaid the College of Physicians elects four Professors known as King's Professors who lecture in the School of Physic of Trinity College, Dublin, that is to say:—

(1) The King's Professor of Practice of Medicine

(2) The King's Professor of Materia Medica and Pharmacy

(3) The King's Professor of the Institute of Medicine

(4) The King's Professor of Midwifery

AND WHEREAS the duty of the said King's Professors includes the reading and giving of Clinical Lectures upon the Patients in Sir Patrick Dun's Hospital at the times and subject to the conditions prescribed by the Statutes aforesaid AND WHEREAS the above-mentioned Statute 30 Vic. cap. 9 provided for the delivery by the Professor of Surgery in Trinity College, Dublin, and the University Anatomist of the Clinical Lectures required by the School of Physic Act to be delivered by the University Professors of Chemistry and of Botany and empowered the College of Physicians and the Provost (or in his absence the Vice-Provost) and Senior Fellows of Trinity College, Dublin, respectively to appoint a Physician or Surgeon to attend Sir Patrick's Dun's Hospital and deliver Clinical Lectures in the place of any of the King's Professors or University Professors or the University Anatomist neglecting to attend the said Hospital or to deliver Clinical Lectures AND WHEREAS a Bill has been introduced before the Oireachtas providing for the Federation and ultimate Amalgamation of Sir Patrick Dun's Hospital with certain other Hospitals AND WHEREAS the parties hereto having regard to such proposed Federation have mutually agreed that it would be expedient to sever the relations hitherto existing between the College of Physicians and Trinity College Dublin and Sir Patrick Dun's Hospital and that on such severance the provisions of these presents shall take effect AND WHEREAS these presents cannot take effect without the sanction of the Oireachtas and it is intended that these presents shall be provisional and conditional only pending the passing and enactment of the said Bill as an Act NOW THIS INDENTURE WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:—

1. In these presents the expression “the operative date” means the date upon which these presents shall be given Statutory effect.

2. Immediately after the operative date the College of Physicians shall proceed to sell and convert into money the trust funds and property representing Sir Patrick Dun's Estate and shall out of the moneys arising from such sale and conversion pay the Costs incurred in respect thereof and shall pay and apply the residue of the said proceeds of sale (hereinafter referred to as “the net proceeds of sale”) in manner hereinafter provided.

3. (a) There shall be set apart and retained by the College of Physicians a capital sum equal to 232/500ths of the net proceeds of sale.

(b) After such sum shall have been so set aside and retained by the College of Physicians the remaining 268/500ths of the net proceeds of sale shall be paid and transferred by the College of Physicians to the Governors of Sir Patrick Dun's Hospital to be held by them UPON TRUST to apply the same whether capital or income in their discretion for or towards the cost of Medical Surgical or Nursing education or instruction in connection with the said Hospital or of research in the arts of Medicine or Surgery and of Sciences connected therewith or of any specialised appliances or equipment for use in the said Hospital.

(c) Out of the said sum so retained by the College of Physicians a capital sum equal to 43/500ths of the net proceeds of sale shall be paid by the College of Physicians to Trinity College Dublin on the date upon which the first King's Professor holding office on the operative date vacates office and a like sum equal to 43/500ths of the net proceeds of sale shall be paid by the College of Physicians to Trinity College Dublin on the date upon which the second King's Professor holding office on the operative date vacates office.

(d) The balance of the capital sum retained by the College of Physicians remaining after payment thereout of the said sums to Trinity College Dublin shall remain the property of the College of Physicians.

4. The right and obligation of the College of Physicians to appoint King's Professors shall cease as from the operative date as from which date the right to appoint all future King's Professors shall be vested solely in Trinity College, Dublin.

5. Each of the King's Professors holding office on the operative date shall retain his office for the period for which he has been elected or until (under any of the terms and conditions under which he holds the same) such appointment shall in the meantime cease or determine.

6. The salaries of each of the King's Professors holding office on the operative date shall be paid by the College of Physicians during the remainder of their period of office and the salaries of all the King's Professors to be hereafter appointed or elected by Trinity College Dublin, under the provisions of Clause 4 hereof shall be fixed from time to time and paid by Trinity College Dublin who hereby undertake to apply to the payment of such salaries all income which may be received by them from time to time from the said Capital sums to be handed over to them as aforesaid pursuant to the provisions of Clause 3 (c) hereof.

7. As from the operative date the King's Professors, University Professors and University Anatomist shall not by virtue of their office as such be required or entitled either in person or by substitute to attend or deliver clinical lectures at Sir Patrick Dun's Hospital provided always that this clause shall not in any way affect or interfere with the right of any individual person who shall on the operative date be a member of the Hospital Staff by virtue of his being a King's Professor, University Professor, University Anatomist or a Physician or Surgeon duly appointed in the place of a King's Professor, University Professor or University Anatomist to continue to hold office as a member of the Hospital staff upon the terms and conditions existing on the operative date.

8. As from the operative date the right of the College of Physicians to appoint Physicians and the right of the Provost or Vice-Provost and Senior Fellows of Trinity College Dublin to appoint Surgeons to attend and deliver Clinical Lectures at Sir Patrick Dun's Hospital shall cease and determine.

9. As from the operative date the Visitors of the College of Physicians, the President, Vice-President and Censors of the same, and the Provost of Trinity College Dublin shall cease to be Governors of Sir Patrick Dun's Hospital ex officio.

10. During such period as shall intervene between the operative date and the date referred to in the said Bill as “the Establishment Day” the Board of Governors of Sir Patrick Dun's Hospital shall have power and the exclusive right to appoint Physicians and Surgeons for the purpose of filling up any vacancies occurring in the Hospital Staff.

11. From and after the operative date and until the date in the said Bill referred to as “the Establishment Day” all the powers to appoint Governors of Sir Patrick Dun's Hospital vested on the operative date in the Visitors, President, Vice-President and Censors of the College of Physicians and the Provost of Trinity College Dublin shall be vested in and exercisable by the Board of Governors of Sir Patrick Dun's Hospital.

IN WITNESS whereof the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin have caused their corporate Seal to be hereunto affixed and the President and Fellows of the Royal College of Physicians of Ireland have caused their Seal to be hereunto affixed and the Governors of Sir Patrick Dun's Hospital have hereunto set their hands and affixed their Seals the day and year first herein written.