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Scottish Court of Session Decisions >>
William Morries, and Others, v John Wilson, and Others. [1786] Mor 9532 (16 February 1786)
URL: http://www.bailii.org/scot/cases/ScotCS/1786/Mor2309532-074.html Cite as:
[1786] Mor 9532
Premium for procuring an office. Bond among Electors. Money for bribing Electors. Payment of an Elector's Debts in a political contest.
William Morries, and Others, v. John Wilson, and Others
Date: 16 February 1786 Case No. No 74.
The payment, by one political party, of an elector's debts, in order to counteract the designs of the opposite party, who had instigated the creditor to the execution of ultimate diligence, not construed to be bribery and corruption.
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In a complaint under the statutes of the 16th Geo. II. cap. II. and 14th Geo. III. cap. 81. against an election of magistrates and council of the burgh of Dunferlmline, it was
Objected, That the votes of certain persons had been obtained by means of bribery and corruption; for that, they being utterly bankrupt and under ultimate diligence, their debts had been paid by the political party in favour of which they had given their voice. To this objection, it was
Answered, That the creditors of those voters had been instigated by the opposite party to execute that diligence, in order to prevent them from exercising their right of election; and therefore that such payment of debts was justified by the restoring of electors to a state of freedom, of which, from sinister motives, they had been deprived.
The Court, adopting the argument of the respondent,
“Repelled the objection, and dismissed the complaint.”
Act. Abercrombie, Maconochie.Alt. Wight, CullenClerk, Menzies.
Fol. Dic. v. 4. p. 28. Fac. Col. No 259. p. 395.
