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21 1936

DUBLIN FEVER HOSPITAL ACT, 1936

PART IV.

Dissolution of the Body Corporate known as the House of Recovery and Fever Hospital, Cork Street, Dublin, and transfer of its property, liabilities and officers to the Dublin Fever Hospital Board.

Dissolution of the body corporate and the existing committee.

51. —On the appointed day the body corporate and the existing committee shall by virtue of this section be dissolved and cease to exist.

Transfer of property.

52. —(1) All property, whether real or personal (including choses-in-action) which immediately before the appointed day is vested in or belongs to or is held in trust for the body corporate and all rights, powers, and privileges relating to or connected with any such property shall, on the appointed day and without any conveyance or assignment but subject where necessary to transfer in the books of any bank, corporation, or company, become and be vested in or the property of or held in trust for (as the case may require) the hospital board for all the estate, term, or interest for which the same immediately before the appointed day was vested in or belonged to or was held in trust for the body corporate.

(2) All property transferred by this section which, immediately before the appointed day, is standing in the books of any bank or is registered in the books of any bank, corporation, or company in the name of the body corporate shall, upon the request of the hospital board made on or at any time after the appointed day, be transferred in such books by such bank, corporation, or company into the name of the hospital board.

(3) On and after the appointed day, every chose-in-action transferred by this section from the body corporate to the hospital board, may be sued, upon, recovered, or enforced by the hospital board in its own name and it shall not be necessary for the hospital board to give notice to the person bound by such chose-in-action of the transfer effected by this section.

(4) Where any funds which are transferred to the hospital board by this section, were, immediately before the appointed day, held in trust for the body corporate, otherwise than by the trustees of the body corporate the hospital board shall, notwithstanding anything contained in this section, but without prejudice to its right to demand and receive payment of the net income arising therefrom, not be entitled to require the trustees for the time being of such funds to transfer to it such funds.

(5) All moneys transferred to the hospital board by this section and all income arising from any funds to which the immediately preceding sub-section applies and all moneys arising out of the sale of any property transferred to the hospital board by this section and all income arising from such property shall be carried to the establishment expenses account.

Transfer of liabilities.

53. —(1) Every debt and other liability (including unliquidated liabilities arising from torts or breaches of contract) which immediately before the appointed day is owing and unpaid or has been incurred and is undischarged by the body corporate shall, on the appointed day, become and be the debt or liability of the hospital board and shall be paid or discharged by and may be recovered from or enforced against the hospital board accordingly.

(2) Any expenses incurred by the hospital board by virtue of this section shall, for the purposes of this Act, be deemed to be establishment expenses.

Preservation of continuing contracts.

54. —Every bond, guarantee, or other security of a continuing nature made or given by the body corporate to any person, or by any person to the body corporate, and in force immediately before the appointed day, and every contract or agreement in writing made between the body corporate and another person and not fully executed and completed before the appointed day, shall, notwithstanding the dissolution of the body corporate and the existing committee continue in force on and after the appointed day, but shall be construed and have effect as if the name of the hospital board were substituted therein for the name of the body corporate, and such security, contract, or agreement shall be enforceable by or against the hospital board accordingly.

Continuance of pending legal proceedings.

55. —In every action, suit, or proceeding which is pending on the appointed day in any court or tribunal and to which the body corporate is a party, the hospital board shall on the appointed day become and be a party in the place of the body corporate and such proceeding shall be continued between the hospital board and the other parties thereto accordingly and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the body corporate or the existing committee.

Transfer of officers.

56. —(1) Every person who on the day before the appointed day is a paid officer of the body corporate shall on the appointed day, and subject to the provisions of this section, be transferred to and become an officer of the hospital board.

(2) Every person transferred by this section shall, subject to the provisions of this section, perform in the employment of the hospital board duties analogous to those performed by him in the employment of the body corporate before his transfer.

(3) Every person transferred by this section shall not without his consent receive less remuneration or be subject to less beneficial conditions of service than the remuneration to which he was entitled and the conditions of service to which he was subject in the employment of the body corporate.

(4) The hospital board may, with the approval of the Minister, redistribute or rearrange the duties to be performed by officers transferred to it by this section, and every such officer shall be bound to perform the duties allotted to him on any such redistribution or rearrangement, and no such redistribution or rearrangement shall be deemed to be a removal from or abolition of office for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act.

(5) The hospital board may, with the sanction of the Minister and shall when so directed by the Minister, abolish the office of any officer transferred to it by this section, and every officer whose office is so abolished shall, for the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, be deemed to have been removed from office by the hospital board for a cause other than misconduct or incapacity.

(6) For the purposes of Part IV of the Act of 1925, as amended by the Act of 1927, and as applied by this Act, an officer transferred by this section whose office is abolished under the immediately preceding sub-section shall, notwithstanding that he does not devote his whole time to the service of the hospital board, be deemed to be a pensionable officer of the hospital board.

(7) If any question arises under sub-section (3) of this section in relation to any person transferred by this section such question shall be referred to the Minister whose decision shall be final.

Preservation of contracts of service.

57. —Every contract of service expressed or implied which is in force immediately before the appointed day between the body corporate and any person not being an officer of the body corporate shall continue in force on and after the appointed day, but shall be construed and have effect as if the hospital board were substituted therein for the body corporate, and every such contract shall be enforceable by or against the hospital board accordingly.