§ The Parliamentary Elections Act, 1868.
§ Election for the County of Bute.
§ Unto the Eight Honourable The Speaker of the House of Commons.
§ Report by the Election Judges in Scotland on the Petition of Archibald McKay, residing at Osborne Place, Govan, near Glasgow, J.P. for the County of Bute; Richard Ferguson, Ironmonger in Glasgow and Millport; John Duncan, Baker and Confectioner in Glasgow; Alexander Brown, Nurseryman, Millport; and Alexander McLean, Wine and Spirit Merchant, Glasgow, and residing at Grenholm Villa, Busby, complaining of the Election on sixth April 1880, of Thomas Russell, as Member of Parliament for the County of Bute. We, Robert Macfarlane, Lord Ormidalo, and John Millar, Lord Craighill, the two Judges of the Court of Session for the trial of Election Petitions in Scotland, have to report that the Petition in this case (of which a printed copy is herewith sent and referred to) sets forth two grounds upon which the said Thomas Russell was incapable of being duly elected and returned as a Member of the House of Commons, and therefore that he was not duty elected and returned, vizt.:—
§ 1st. That at the date of the Election he was incapable of being elected as a Member of the House of Commons, in respect of the provisions of the Act 22 Geo. III. cap. 45, entituled "An Act for restraining any person concerned in any contract, commission, or agreement made for the public service from being elected or sitting and voting as a Member of the House of Commons;"and—
§ 2nd. That he, Mr. Russell, by himself or his agents was guilty of bribery, treating, undue influence and corrupt practices before, during, and after the Election.
§ That in the Petition no claim is mode for the seat, the prayer of it being limited to the effect that it ought to be determined that Mr. Russell was not duly elected or returned, and that the Election was void.
706§ We have further to report that we appointed the trial of the Petition to take place before us at Rothesay, in the said County of Bute, upon the 29th day of Juno currt.; that on the loth day of June 1880, a Minute (of which a copy is also sent herewith and referred to) for Mr. Russell, subscribed by him and his Counsel, was lodged, stating that he admitted that he was disqualified in respect of the provisions of the above Act, but denying the charges of bribery, treating, undue influence, and corrupt practices, and that he was willing and anxious to proceed to trial upon these charges.
§ We have further to report that upon the 18th day of June 1880, a Minute (of which a printed copy is also herewith sent and referred to) was lodged for the Petitioners, stating that in respect of the Minute of 15th June for Mr. Russell, "they did not propose to lead evidence on the allegations of bribery and treating set out in Articles 2 and 3 of the particulars intended to be proved by the Petitioners;" and craving that we should determine that Mr. Russell was not duly elected to serve in Parliament for the County of Bute.
§ That in these circumstances we have to report and certify that the said Thomas Russell was not duly elected and returned, and that his Election on the sixth day of April last was void.
§ R. MACFARLANE,
§ Lord Ormidale.
§ JOHN MILLAR,
§ Lord Craighill.
§ Edinburgh, 23 June 1880.