§ The Parliamentary Elections Act, 1868, and The Parliamentary Elections and Corrupt Practices Act, 1879.
§ Election for the County of Down, holden on the 7th day of April 1880.
§ Blakely McCartney, Petitioner; Charles Stewart Vane Tempest, commonly called Lord Viscount Castlereagh, Respondent.
§ The matter of the Petition above-mentioned was heard before us, Francis Alexander FitzGerald, one of the Barons of the Exchequer Division of the High Court of Justice in Ireland, and Charles Robert Barry, one of the Justices of the Queen's Bench Division of the High Court of Justice in Ireland, being two of the Judges for the time being on the rota for the trial of Election Petitions in Ireland, at 1238 Downpatrick, on the 17th, 18th, 19th, 21st, 22nd, 23rd, 24th, 25th, 26th, 28th, and 29th days of June 1880, and at the conclusion of the trial on the last-mentioned day we differed, and do hereby certify to the Right Honorable The Speaker of the House of Commons that we so differed, as to whether the said Charles Stewart Vane Tempest, commonly called Lord Viscount Castlereagh, was duly elected and returned as a Member to serve in Parliament for the County of Down at the Election to which the Petition relates, and that I, the said Francis Alexander FitzGerald, was and am of opinion that the said Viscount Castlereagh was duly elected and returned, and that I, the said Charles Robert Barry, was and am of opinion that the said Viscount Castlereagh was not duly elected.
§ We further certify that I, the said Francis Alexander FitzGerald, was and am of opinion that the corrupt practice of undue influence was not proved to have been committed at such Election by the said Viscount Castlereagh, or with his knowledge and consent, or on his behalf, and that I, the said Charles Robert Barry, was and am of opinion that the corrupt practice of undue influence was proved to have been committed at such Election on behalf of the said Viscount Castlereagh, but not by him or with his knowledge or consent.
§ Further we report that, save as aforesaid, no corrupt practice was proved to have been committed at such Election by or with the consent or knowledge of any of the candidates at said Election.
§ Further we report that we have no reason to believe that corrupt practices extensively prevailed at the Election to which this Petition relates.
§ Dated this 30th day of Jane 1880.
§ F. A. FITZGERALD,
§ Baron of the Exchequer Division of Her Majesty's High Court of Justice in Ireland.
§ CHARLES R. BARRY,
§ Justice of the Queen's Bench Division of Her Majesty's High Court of Justice in Ireland.