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1884 Bathurst colonial by-election
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By-election in New South Wales, Australia
May 2021
May 2021
A by-election was held for the New South Wales Legislative Assembly electorate of Bathurst on 8 February 1884 as a result of the Legislative Assembly declaring the seats of Francis Suttor,Privilege: representation of the electorate of Bathurst https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9867 NSW Legislative Assembly 1554 1576 31 January 1884 25 September 2019 and George Reid,Vacant seat: Mr Reid https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9878 NSW Legislative Assembly 1934 20 February 1884 25 September 2019 were vacant as a result of a report of the Committee of Elections and Qualifications that they were incapable of being elected, or of sitting, or voting, as a member of the Assembly.Anne Twomey Anne Twomey (academic) The Constitution of New South Wales 2004 Federation Press 9781862875166 433–4 https://books.google.com/books?id=KayCZfZwafwC&pg=PA433 13 September 2020
Background
At the time the Constitution provided that:
XVIII. Any person holding any Office of Profit under the Crown, or having a Pension from the Crown during Pleasure or for Term of Years, shall be incapable of being
elected, or of sitting or voting as a Member of the Legislative Assembly, unless he be One of the following official Members of the Government, that is to say, the Colonial Secretary, Colonial Treasurer, Auditor General, Attorney General, and Solicitor General, or One of such additional Officers, not being more than Five, as the Governor, with the advice of the Executive Council, may from Time to Time, by a notice in the Government Gazette, declare capable of being elected a Member of the said Assembly.https://nla.gov.au/nla.news-article230682673 New South Wales Constitution Act 1855 (UK) New South Wales Government Gazette 164 24 November 1855 25 September 2019 3110 Trove
Adolphus Taylor argued that the Governor had already issued five proclamations prior to the appointment of Suttor and thus the appointments of Suttor and Reid to the office of Minister of Public Instruction meant they were disqualified. The Elections and Qualifications Committee agreed, declaring that both Suttor and Reid held an office of profit under the crown and they were both disqualified from holding office.Report of Committee of elections and qualifications https://api.parliament.nsw.gov.au/api/hansard/search/daily/searchablepdf/HANSARD-290296563-9858 NSW Legislative Assembly 1280 16 January 1884 25 September 2019
Results
[[1884 Bathurst colonial by-election|1884 Bathurst by-election]]Friday 8 February1884 results Bathurst by-election 1882 Bathurst_1 25 September 2019https://nla.gov.au/nla.news-article13552787 The Bathurst election The Sydney Morning Herald 9 February 1884 25 September 2019 12 Trove
Francis Suttor (re-elected) unopposed
The Committee of Elections and Qualifications held that an error in the drafting of the constitution meant that Francis Suttor could not be validly appointed Minister of Public Instruction and declared his seat vacant.
Aftermath
While Suttor was unopposed, Reid was defeated in the East Sydney by-election.1884 results East Sydney by-election 1882 EastSydney_3 25 September 2019
The errors were remedied by the Constitution Act Amendment Act 1884.https://nla.gov.au/nla.news-article222088528 Constitution Act Amendment Act 1884 New South Wales Government Gazette 91 25 February 1884 25 September 2019 1385 Trove
See also
Electoral results for the district of Bathurst
List of New South Wales state by-elections
References
expanded
Category:1884 elections in Australia
Category:New South Wales state by-elections
Category:1880s in New South Wales
Category:February 1884 in Australia