Statute LXI.

Irish Universities Act, 1908

University College, Cork

We, the Governing Body of University College, Cork, under and by virtue of the powers in that behalf conferred on us by the said Act, Do by this present instrument under the Seal of University College, Cork, make the Statute contained in the Schedule hereof for the general government of the said College.

Given under the Common Seal of University College, Cork, this twelfth day of June, 1958.

Present when the Common Seal of University College, Cork, was affixed:

(Signed)

H. St. J. ATKINS, President.

TADHG Ó CIARDHA, Governor.

S. Ó MUIRTHILE, Secretary.

Statute LXI.

Schedule

Statutes I. to LX. of University College, Cork, shall be read and construed with the additions, modifications and amendments hereinafter set forth.

CHAPTER I.
Professorship of Theology

Chapter I. of Statute LVII. and Chapter VII. of Statute LVIII. are hereby revoked.

1. Whereas the Catholic Archbishops and Bishops of Ireland have proposed to endow a Chair of Theology in the College and have undertaken to place at the disposal of the College an annual sum sufficient to pay the stipend thereof, there shall be established in the College a Professorship of Theology, subject to the institution by statute of such a Professorship by the Senate of the National University of Ireland, and so long as the said annual sum is so placed at the disposal of the College.
2. • (a) No person shall be appointed to hold said Professorship unless he shall have been nominated to hold the same by the Catholic Archbishops and Bishops of Ireland.
   • (b) Every such nomination shall be placed before the Academic Council who shall consider the said nomination and report thereon to the Governing Body.
   • (c) The Governing Body shall consider the said nomination and the report of the Academic Council thereon and if the Governing Body shall accept such nomination they shall recommend to the Senate of the University that the person so nominated by the Catholic Archbishops and Bishops of Ireland and accepted by them be confirmed by the Senate as holder of the said Professorship.
3. • (a) The holder of the said Professorship shall, subject to good conduct and the due fulfilment of his duties, hold office for a term of three years from the date of his appointment, and may thereafter be continued in office for a further term or terms of three years until he shall have attained the age of sixty- five years:

     Provided that such further continuance in office is recommended to the Senate by the Governing Body, on the recommendation of the Catholic Archbishops and Bishops of Ireland and with the approval of the President, and is sanctioned by the Senate triennially.

   • (b) The holder of the said Professorship who shall have attained the age of sixty-five years may thereafter be continued in office for five further years:

     Provided that such further continuance in office is recommended to the Senate by the Governing Body, on the recommendation of the Catholic Archbishops and Bishops of Ireland and with the approval of the President, and is sanctioned by the Senate annually.

4. The annual stipend of the said Professorship shall be such sum as the Catholic Archbishops and Bishops of Ireland shall annually place at the disposal of the College. No obligation shall fall upon the College in respect of the said stipend and no monies shall in any case be payable out of the funds of the College towards the said stipend or the expenses of the said Professorship.
5. The said Professorship shall not be deemed to be a full-time Professorship within the meaning of the statutes of University College, Cork. The duties of the Professor shall be to lecture, conduct research and examine in Theology as may be required by the Governing Body.
6. The said Professorship shall, subject to the conditions in this Statute provided, be tenable on the same conditions, and the holder thereof shall be subject to the same duties and obligations as if the said Professorship had been included in Statutes I. to LX. of University College, Cork.

CHAPTER II.
Nomination, Appointment and Election of the Members of the Governing Body

1. Statute I., Chapter VI., Section 1, is hereby amended by the substitution of the word "four " for the word "three" where it occurs in that Section.
2. Statute I., Chapter VI. (e), Section 53, is hereby amended by the substitution of the word "two" for the word "one" and of the word "three" for the word "two" where such words occur in that Section.
3. • i. Statute XXIII., Section 7, is hereby revoked.
   • ii. Statute XXII., Chapter 1., is hereby revoked.
   • iii. Statute XXI., Chapter I., is hereby revoked.

CHAPTER III.
Election by the Graduates

The provisions for the election by the Graduates of the Members of the Governing Body whom the Graduates are entitled to elect, as contained in (c), Sections 14 to 42 of Chapter VI. of Statute I., are hereby revoked and the following shall obtain in lieu thereof:

1. The election by the Graduates of the Members of the Governing Body whom they are entitled to elect shall take place at a Meeting of the Graduates, hereinafter referred to as the Election Meeting. The Election Meeting shall be held on a date appointed by the President or his Deputy or the Acting-President, as the case may be, which shall be not more than two months nor less than two weeks before the date at which the Governing Body then in being shall go out of office. The President or his Deputy or the Acting-President, as the case may be, or, in the absence of all of them, the Registrar shall be the Chairman at such Election Meeting.
2. At least two months' notice of the Election Meeting shall be given by the Register to each Graduate whose name and address appear in the Register of Graduates.
3. To be eligible for election a candidate must be a Graduate, and he must be nominated by a Nomination Paper signed by two Graduates, which shall have been received by the Registrar at least six weeks before the date of the Election Meeting.
4. The Nomination Paper shall state in the form contained in the Register of Graduates the full name of the candidate and that of each of the two nominators, together with the Degrees of the University which have been conferred on the said candidate and nominators, and the years of such conferrings.
5. The Nomination Paper shall also include a statement signed by the person nominated that he consents to being nominated and that he is willing to act as a Member of the Governing Body if elected.
6. A nomination which fails to satisfy any or all of the conditions specified in Section 3, 4 and 5 of this Chapter shall be invalid and null, and the candidate concerned shall be deemed not to have been duly nominated.
7. Not more than five Nomination Papers satisfying all of the conditions specified in Sections 3, 4 and 5 of this Chapter may be submitted on behalf of any one candidate. In the event of more than five such Nomination Papers being received by the Registrar the first five only shall be accepted, and all other such Nomination Papers shall be deemed to be invalid and null.
8. If, at the expiration of the period for nomination, the number of candidates validly nominated for election shall not exceed the number of persons which the Graduates are entitled to elect, all the candidates so nominated shall be deemed to have been duly elected, and at the Election Meeting the Chairman shall declare these persons to have been elected accordingly.
9. If at the expiration of the period for nomination, the number of candidates validly nominated for election shall exceed the number of persons which the Graduates are entitled to elect, there shall be a poll, which shall be taken by Voting Papers marked and sent or delivered in accordance with the provisions hereinafter set forth.
10. For the purpose of such poll the Registrar shall prepare and shall send by post, not less than two weeks before the date of the Election Meeting, to each Graduate whose name and address appear in the Registrar of Graduates a Voting Paper containing in dictionary order the names of all candidates validly nominated for election by the Graduates. If a candidate so wishes the Irish form of his name shall also be stated on the Voting Paper.
11. The Voting Paper shall be sent to the Voter in an envelope addressed to the Voter and bearing the words "To be retained and shown to Witness of Declaration of Identity ". It shall be accompanied by an envelope bearing on the outside the words "Voting Paper", a Form of Declaration of Identity, a list of the names of the Graduates nominating each candidate, and a paper of instructions containing the following:
    • (a) A statement of the number of candidates for whom the Voter is entitled to vote.
    • (b) A direction to the Voter to mark an "X" opposite the name of each candidate for whom he votes.
    • (c) A direction to the Voter to place his Voting Paper, duly marked, in the envelope marked "Voting Paper ", which should then be sealed.
    • (d) A warning that the inclusion in the envelope marked "Voting Paper " of the Form of Declaration of Identity or any written or other paper except the Voting Paper will invalidate the vote.
    • (e) A direction as to the completion of the Declaration of Identity.
    • (f) A direction that if the Voter does not wish to vote in person at the Election Meeting he shall either post or deliver the envelope marked "Voting Paper" (containing he duly marked Voting Paper) and the duly completed Declaration of Identity to the Registrar in sufficient time for them to he received by him before the commencement of the Election Meeting.
    • (g) A direction that if the Voter desires to vote in person at the Election Meeting he shall hand the envelope marked "Voting Paper " (containing the duly marked Voting Paper) and the duly completed Declaration of Identity to the Chairman at the Election Meeting before the close of the poll.
    • (h) A statement of the hour at which the Election Meeting shall commence and of the hour at which the poll shall close.
12. The Voter shall mark his Voting Paper by placing an "X" opposite the name of each candidate for whom he votes and shall place this duly marked Voting Paper in an envelope bearing on the outside the words "Voting Paper," which should then be sealed. The inclusion in this envelope of the Form of Declaration of Identity or of any written or other paper except the Voting Paper shall invalidate the vote.
13. The Declaration of Identity shall be in the following form:
14. The Declaration of Identity shall be signed by the Voter in the presence of a Witness who must be a University Graduate, a Minister of Religion, a member of the Medical or Legal Profession, or any person authorised to administer oaths.

    The Witness shall attest that the Declaration of Identity has been signed by the Voter in his presence by signing his name at the foot thereof, and adding his address and his qualification as Witness.

15. If the Voter does not wish to vote in person at the Election Meeting he may post or deliver to the Registrar his duly marked Voting Paper, enclosed in an envelope marked "Voting Paper", and the duly completed Declaration of Identity, in sufficient time for them to be received by him before the commencement of the Election Meeting
16. Not less than two weeks before the date of the Election Meeting the President or his Deputy or the Acting-President, as the ease maybe, shall appoint at least three Graduates to be Scrutineers. Such Scrutineers and all other persons engaged in the conduct of the Election shall undertake to preserve secrecy.
17. It shall not be necessary that any greater number of Graduates then four shall be present at the Election Meeting.
18. At the commencement of the Election Meeting the Registrar shall deliver unopened to the Chairman the envelopes marked "Voting Paper" which he has received in accordance with Section 13 of this Chapter, accompanied in each case by the Form of Declaration of Identity.
19. At the commencement of the Election Meeting the Registrar shall also deliver to the Chairman:
    • (a) All envelopes received by him which were marked "Voting Paper" but were not accompanied by Forms of Declaration of Identity; and
    • (b) All Voting Papers received by him which were not enclosed in envelopes marked "Voting Paper", together with such Forms of Declaration of Identity as accompanied them.

      The Chairman shall reject all such Votes as invalid.

20. Any Graduate present at the Election Meeting who has not forwarded his Voting Paper to the Registrar in accordance with Section 13 of this Chapter shall be entitled, during the Meeting and prior to the close of the poll, to hand to the Chairman his Voting Paper, enclosed in an envelope marked "Voting Paper ", and accompanied by a Declaration of Identity duly completed. The poll shall close two hours after the commencement of the Election Meeting.
21. Subject to the provisions of Sections 22 to 26 inclusive of this Chapter, the Votes to be counted for the Election of Members of the Governing Body by the Graduates shall be:
    • (a) Such Votes of Graduates as shall have been validly given and returned to the Registrar in accordance with Section 13 of this Chapter; and
    • (b) Such Votes of the Graduates present at the Election Meeting as shall have been validly given and handed to the Chairman in. accordance with Section 20 of this Chapter.
22. Prior to the close of the poll any Graduate present at the Election Meeting whose Voting Paper has not been received by the Registrar before the commencement of the Election Meeting and who shall give to the Chairman satisfactory evidence of his identity and of the fact that he has not received a Voting Paper or that he has lost or destroyed his Voting Paper or has sent it to the Registrar, shall be entitled to obtain from the Registrar a Voting Paper marked "Duplicate", a Form of Declaration of Identity marked "Duplicate" and an envelope marked "Voting Paper".
23. If at the Election Meeting any Graduate procures such duplicate Voting paper, duplicate Form of Declaration of Identity and envelope marked "Voting Paper", he may, prior to the close of the poll, hand them duly completed and in accordance with Section 20 of this Chapter to the Chairman, and such duplicate Voting Paper shall be counted with the original Voting Papers; but in case a valid original Voting Paper issued to any Graduate who shall have obtained a duplicate Voting Paper shall be received by the Chairman, only the original Voting Paper shall be counted.
24. The Scrutineers shall examine the Declarations of Identity accompanying the Voting Papers and shall reject as invalid any Voting Paper which is accompanied by a Form of Declaration of Identity not properly completed.
25. The Scrutineers shall reject as invalid any Voting Paper which:
    • (a) is not the original Voting Paper issued to the Voter and duly completed by him; or
    • (b) is not a valid duplicate Voting Paper; or
    • (c) is marked with an "X" opposite the names of a greater number of candidates than that which the Graduates are entitled to elect; or
    • (d) contains any writing by which the identity of the Voter can be ascertained.
26. The Scrutineers shall count the valid Votes and shall deter- mine any case of doubt as to the validity of a Vote, and their determination or the determination of the majority of them shall be final. If they are equally divided as to the validity of any Vote, the question of its validity shall be determined by the Chairman of the Election Meeting.
27. The Scrutineers shall report in writing to the Chairman of the Election Meeting the result of the voting.
28. The Chairman shall declare the candidates who have obtained the greatest number of valid Votes, not exceeding in number the number of persons which the Graduates are entitled to elect, to have been duly elected as Members of the Governing Body.
29. In case there shall be an equality of valid Votes for two or more candidates, and the number of candidates who have obtained a greater number of valid Votes, being less than the number of persons which the Graduates are entitled to elect, together with the number of candidates having such equality of valid Votes is greater than the number of persons which the Graduates are entitled to elect, the election as between the candidates having such equality of valid Votes shall be determined by the casting vote of the Chairman at the Election Meeting.
30. The Chairman shall declare the candidate or candidates whose election has been so determined, with any other candidate who has obtained a greater number of valid Votes, to be duly elected.
31. Immediately after any such election the Chairman shall make a return of the result to the Registrar, who shall thereupon give notice thereof to the Secretary of the College.

CHAPTER IV.
The Registrar

Statute I., Chapter XX., Section 6., is hereby amended by the insertion after the word "College" where it occurs in that Section the words "other than that referred to in Chapter XXI., Section 4".

CHAPTER V.
Faculty of Science

Statute XXVII., Chapter II., as already amended, is hereby further amended by the addition of the subject Geography to the Faculty of Science.

CHAPTER VI.

1. This Statute shall be construed with and as part of Statutes I. to LX. of University College, Cork, and may be cited as Statute LXI. of University College, Cork, or Stat. LXI. of Univ. Coll., Cork.
2. This Statute shall come into operation on the twelfth day of June, 1958.

Present when the Common Seal of University College, Cork, was affixed.

(Signed)

H. St. J. ATKINS, President.

TADHG Ó CIARDHA, Governor.

S. Ó MUIRTHILE, Secretary.