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CORK INFIRMARY ACT 1751
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CHAP. XXIII.
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An Act for establishing an infirmary in the city of Cork, and to vest the house called the Infirmary-House and the back-yard thereunto belonging, which is built at the east end of the churchyard of said Mary Shandon, otherwise saint Ann’s in the liberties of the city of Cork, in certain trustees for ever, and to give such trustees such powers as may be necessary to promote and execute the purposes of an infirmary in the city of Cork; and for uniting several small parishes in the suburbs of the said city.
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An hospital erected in the Church-yard of St. Mary Shandon in Cork:
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dimensions thereof:
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a backyard Belonging thereto.
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Several diseased poor persons received in and attended there.
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The ground and buildings vested in trustees to charitable uses herein mentioned.
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WHEREAS several well-disposed persons have in the church-yard of the parish of saint Mary Shandon in the north suburbs of the city of Cork erected an house with proper conveniencies for an infirmary or hospital for the accommodation and use of such maimed, diseased, and infirm persons, as the subscribers towards the support of the said infirmary should from time to time judge to be proper objects to be placed therein; which house contains in length from north to south eighty feet, or thereabouts, and in breadth from east to west twenty five feet six inches, or thereabouts, and is bounded on the east by a backyard, enclosed with a stone wall belonging to the said house, on the south by a garden commonly called the Infirmary Garden, but which doth not now belong to the said infirmary, on the west by part of the said church-yard and a small part of the ministers garden, and on the north by the church-yard and a row of trees; to which house or infirmary there belongs a back-yard, containing in length sixty six feet or thereabouts, adjoyning to the said house; which back-yard is bounded on the east by a row of trees, and on the south by the minister’s garden; and which house and back-yard adjoining thereunto were useless until employed for the use aforesaid: and whereas for several years past many maimed, diseased, and infirm poor persons have been received in the said house, and duly attended by physicians and surgeons without fee or reward to the great relief of the poor, and benefit of the publick: and whereas the bishop of the said diocess of Cork, and the patrons and minister of the church and parish of saint Mary Shandon aforesaid, are desirous that the said piece or parcel of ground, containing the said house and the said back-yard adjoining thereunto, shall be vested in the persons herein after mentioned as a body corporate upon the trusts and to the intents and purposes herein after mentioned: now to the intent and purpose, that the said piece of ground may for ever hereafter be applied to the said pious and charitable use, 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 piece or parcel of ground with all the buildings, which now are or at any time hereafter shall be erected thereon, shall be and are hereby vested and settled in and upon the several persons herein after named (that is to say) the most reverend his grace Arthur lord archbishop of Cashell, and his successors archbishops of Cashell, the right honourable James earl of Kildare, the right honourable Richard earl of Barrymore, patrons of the said church, and their respective heirs, the right reverend Jemmett lord bishop of Cork and Ross, and his successors bishops of Cork, the right reverend Robert lord bishop of Clogher, and his successors bishops of Clogher, the right reverend George lord bishop of Cloyne, and his successors bishops of Cloyne, the right honourable Henry Boyle of Castlemartyr esquire and his heirs, the right honourable Edward Southwell of Kings Weston in Great Britain esquire and his heirs, Emanuel Pigott and Thomas Newenham esquires, representatives in Parliament for the said city of Cork, and the representatives in Parliament for the said city for the time being, the mayor of the said city of Cork, the recorder of the said city of Cork, and the sheriffs of the said city of Cork, all for the time being, the dean and archdeacon of Cork for the time being, the reverend George Tisdall minister of the said parish of Saint Mary Shandon, and his successors for the time being, the minister of the parish of Saint Ann’s, the minister of the parish of Saint Paul’s, and the minister of the parish of Christ Church, all in the said city or suburbs thereof, and their successors for the time being, to the intent or purpose, and upon this special trust and confidence, that the said piece or parcel of ground, and the buildings which are or shall be erected thereon, shall for ever hereafter be applied to and disposed of to the pious and charitable uses herein mentioned.
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A perpetual corporation created for execution of said charity.
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II. And be it further enacted by the authority aforesaid, That from and after the twenty fifth day of April in the year of our Lord one thousand seven hundred and fifty two there be and 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 Arthur lord archbishop of Cashell, and his successors archbishops of Cashell, the right honourable James earl of Kildare, and the right honourable Richard earl of Barrymore, patrons of the said church, and their respective heirs; the right reverend Jemmett lord bishop of Cork and Ross, and his successors bishops of Cork for the time being, the right reverend Robert lord bishop of Clogher, and his successors bishops of Clogher for the time being, the right reverend George lord bishop of Cloyne, and his successors bishops of Cloyne for the time being, the right honourable Henry Boyle of Castle-martyr esquire, and his heirs, and the right honourable Edward Southwell esquire, and his heirs, Emanuel Pigott and Thomas Newenham esquires, representatives in parliament for the said city of Cork, and the representatives in parliament for the said city for the time being, the mayor, recorder, and sheriffs of the said city, all for the time being, the dean and archdeacon of Cork for the time being, the reverend George Tisdall minister of the said parish of Saint Mary Shandon, and his successors for the time being, the minister of the parish of Saint Ann’s, the minister of the parish of Saint Paul’s, and the minister of the parish of Christ Church, all in the said city or suburbs thereof, for the time being.
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by name of “Trustees for” the “infirmary. &c.” To sue and be sued thereby,
appoint common seal, and meet on occasion.
Any 5 assembled may make rules, &c.
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III. And be it further enacted by the authority aforesaid. That from and after the twenty fifth day of April one thousand seven hundred and fifty two the most reverend his grace Arthur lord archbishop of Cashell, and his successors archbishops of Cashell, the right honourable James earl of Kildare, and the right honourable Richard earl of Barrymore, and their respective heirs; the right reverend Jemmett lord bishop of Cork and Ross, and his successors bishops of Cork for the time being, the right reverend Robert lord bishop of Clogher, and his successors bishops of Clogher, the right reverend George lord bishop of Cloyne, and his successors bishops of Cloyne, the right honourable Henry Boyle esquire, and his heirs, the right honourable Edward Southwell esquire, and his heirs, Emanuel Pigott and Thomas Newenham esquires, representatives in parliament for the said city of Cork, and the representatives in parliament for the said city for the time being, the mayor of the said city, and the recorder of the said city of Cork, and the sheriffs of the said city for the time being, the dean and archdeacon of Cork for the time being, the reverend George Tisdall minister of Saint Mary Shandon, the minister of the said parish of Saint Ann’s, the minister of the parish of Saint Paul’s, and the minister of the parish of Christ-Church, and their successors for the time being, shall for ever hereafter in name and fact 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 infirmary in the parish of Saint Mary Shandon, otherwise Saint Ann, in 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 or 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, being 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 or alter the same at their discretion.
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Said trustees, &c. may 1 st Monday in May 1752 elect 15 out of subscribers 12 months before;
to be added to the trustees as if herein inserted,
until the day after 1st Monday in May 1753.
15 to be elected as aforesaid yearly.
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IV. And be it further enacted by the authority aforesaid, That the said trustees, or any five or more of them, may if they think proper, on the first Monday, which shall be in the month of May one thousand seven hundred and fifty two, proceed to elect fifteen fit persons out of such, as at the time of such election shall have been subcribers for the space of twelve calendar months previous to such election towards the support of the said infirmary, and the charitable purposes to be therein 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, 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 Monday, which shall be in the month of May in the year of our Lord one thousand seven hundred and fifty 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, may, if they think proper, in like manner on the first Monday, which shall be in the Month of May in the year of our Lord one thousand seven hundred and fifty three, and on the first Monday which shall be in the month of May 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 to be therein 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 Monday which shall be in the month of May 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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Said trustees may without licence in mortmain purchase lands, &c. not above 1000 1 a year in the whole;
or any personal estate, for enlarging the house, and relief of the infirm.
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V. 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 person having a right, and not being otherwise disabled to alien, grant, or devise the same, (who are hereby enabled to transfer and grant the same accordingly) or any goods, chattels, and personal estate whatsoever, as well for enlarging the said house, 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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and recover legacies and gifts in trusts 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 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 twenty fifth day of April one thousand seven hundred and fifty two.
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Trustees by indenture may demise for 31 years in possession, reserving half yearly so much rent as bona fide can be had from solvent tenant, and taking no fine, &c.
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VII. 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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VIII. 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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Leases otherwise, void. saving the rights of others.
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IX. Saving and always reserving to all and every person and persons, bodies politick and corporate, his, her; and their heirs, successors, executors, and administrators, (except the King’s most excellent Majesty, his heirs and successors, the bishop of Cork for the time being, the minister of the said parish of saint Mary Shandon for the time being, the minister of the said parish of saint Ann’s for the time being, the said James earl of Kildare and his heirs, and the said Richard earl of Barrymore and his heirs) all such estate, right, title, interest, claim, or demand whatsoever both at law or in equity, of, into, or out of the said piece or parcel of ground containing the said house, and to the said backyard thereto adjoyning, as they, every or any of them, might have had, in case this act had not been made.
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St. Nicholas parish in Cork so small, and intermixed with other small parishes, that no provision for a minister:
and the church in danger of ruin;
no church for those other parishes.
Bishop of Cork with approbation or archbishop, and consent of dean and chapter and majority of adjacent parishioners of the south suburbs of Cork, may at vestry in St. Nicholas church unite such parishes to St. Nicholas parish forever.
The inhabitants liable to such taxes, &c. as those of the old parish of St. Nicholas.
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X. And whereas the parish of Saint Nicholas in the south suburbs of the city of Cork is so small, and the bounds thereof are so intermixed with other small contiguous parishes or parts of the said south liberties, called and described by the name of parishes, and in which no church is or can be built, that no provision can be made for the support of a clergyman to officiate in the church now built in the said parish of Saint Nicholas, nor even to repair the said church, and in which on that account there has been no divine service for some time, and said church is in danger of going to ruin: and whereas the inhabitants of the parishes or parts of the south liberties, called by these names: (viz.) Saint Bridget’s, Saint John’s of Jerusalem, Saint Nicholas, Saint Stephen’s, Saint Mary’s, Saint Dominick’s, have at present no church to resort to for the publick worship of God: for remedy whereof, be it enacted by the authority aforesaid, That the bishop of Cork, with the approbation of the archbishop of the province, the consent of the dean and chapter of the cathedral of Saint Finbarry, Cork, and the consent of the majority of the inhabitants of the adjacent and contiguous parishes of Saint Nicholas, Saint Bridget’s, Saint John’s of Jerusalem, Saint Stephen’s, Saint Mary’s; Saint Dominick’s, or of these parts of the south suburbs of the city of Cork, called and known by these names assembled in vestry in Saint Nicholas church (eight days notice of such vestry being posted on the doors of the said church) may for ever unite all or any of the parishes of Saint Bridget’s, Saint John’s of Jerusalem, Saint Stephen’s, Saint Mary’s, Saint Dominick’s, or all or any of those parts of the south liberties of the city of Cork, known and distinguished by these names, to the parish of Saint Nicholas, and erect all or any of them, and the parish of Saint Nicholas, into one parish for ever to all intents and purposes whatsoever; and which so united and new erected parish shall be called and deemed the parish of Saint Nicholas; and the inhabitants thereof shall be liable to all such taxes and rates for the support of the minister or rector thereof, the maintenance of a parish-clerk, and the repairs of the said church of Saint Nicholas, and all such necessaries for divine service, and the other provisions, as the inhabitants of the old parish of Saint Nicholas were before this act.
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Said, united parish shall be the corps of the chancellorship of St Finbarry’s, as the parish of St. Bridget’s before;
and the chancellor of St. Finbarry’s rector of said union.
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XI. And be it enacted by the authority aforesaid, That as the parish of Saint Bridget’s is now the corps of the chancellorship of the cathedral church of Saint Finbarry, Cork, that the to be united and erected as aforesaid parish of Saint Nicholas shall ever thereafter be deemed and construed to be the corps of the chancellorship of the cathedral of Saint Finbarry’s, Cork, in as full and ample a manner as the aforesaid parish of Saint Bridget’s now is; and that the chancellor of the said cathedral of Saint Finbarry’s, Cork, shall be deemed and become to all intents and purposes whatsoever the rector and minister of the said united and newly erected parish of Saint Nicholas.
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Saving the right of the King and bishop in any of said parishes.
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XII. Saving to the King’s most excellent Majesty, his heirs and sucessors, and to the bishop of Cork, and his successors, all such right, interest, and property, which they had in any of these parishes, or parts of the south liberties of the city of Cork, hereby united to and consolidated with the parish of Saint Nicholas, and made the corps of the chancellorship of the cathedral of Saint Finbarry’s, Cork.
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This a publick act.
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XIII. And be it enacted by the authority aforesaid, That this act shall be deemed, 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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