Scottish Court of Session Decisions

Subject_1 BURGH ROYAL.

Election of Culross

1754, Jan. 11.
Case No. No. 39.

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The Colonel complained of that election as brought about by bribery and corruption, and condescended on 12 persons in the Council who had been corrupted by Colonel Haldane or some of his friends: That a friend of the Colonel's had agreed to give a bond for L.400. for the use of the Burgh, and to deposit it till after the election in the hands of John Erskine Balgounie, but knows not whether afterwards they agreed to rely on his word of honour,—and particular bribes given to each of them severally that would come out upon proof, but they could not particularly mention; and the complaint was laid on both the 2d and 16th of the King, and the complaint being by our warrant served on 30 days as directed by the act 16th. The answers objected, that the complaint did not lie on the act 2d Geo. II. because not charged to be committed at the election to Parliament; 2do; That act gives no authority for summary complaint, the words being summary action on complaint; 3tio, No action for the penalty on the act 16th, because though it extends the act 2d Geo. II. to electors of delegates, yet non constat that the respondents shall be such; 4to, Still the trial must be by ordinary action in terms of the act 2do Regis; 5to, No process for annulling the election on the act 16th Regis, because not said to be done at the election; 6to, Some of the Council disputed even the relevancy, that bribery and corruption was not relevant to reduce an election, but only to punish the persons; 7mo, Not relevant without specially condescending on persons time and place. We repelled all the no-processes, and hitherto it could not appear whether there was place for the fines of L.500 libelled, till a new Parliament should be called,—and the bribes given particular persons were left too general,—yet as one was sufficiently condescended on to reduce an election, we thought we could not refuse the complainers an opportunity of proving other bribes to particular persons. Therefore we pronounced an act before answer.