1887 New England colonial by-election

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 New England on 10 January 1887 because of the resignation of William Proctor.Mr William Consett Proctor (1850-1905) 929 Yes 26 June 2019 He had been found guilty by a jury of having sat and voted in parliament whilst he had an interest in a contract with the Government and the statutory penalty of £500 was imposed. Proceedings were stayed pending Proctor's appeal to the Full Court of the Supreme Court, however he resigned stating that he desired to have the verdict of his constituents.http://nla.gov.au/nla.news-article28353084 The New England electorate: Mr Proctor's address The Sydney Morning Herald 5 January 1887 12 May 2021 7 Trove Dates Date Event 18 December 1886 Proctor found guilty of having sat and voted whilst he had an interest in a government contract.https://nla.gov.au/nla.news-article13623120 Supreme Court: Proudfoot v Proctor The Sydney Morning Herald 20 December 1886 12 May 2021 3 Trove 20 December 1886 William Proctor resigned. 29 December 1886 Writ of election issued by the Speaker of the Legislative Assembly.https://nla.gov.au/nla.news-article223782402 Writ of election: New England New South Wales Government Gazette 739 24 December 1886 2021-05-12 8769 Trove 6 January 1887 Nominations.https://nla.gov.au/nla.news-article192878806 The nomination The Armidale Express and New England General Advertiser 7 January 1887 13 May 2021 4 Trove 10 January 1887 Polling day 20 January 1887 Return of writ 26 January 1887 Parliament dissolved 14 November 1887 Proctor's conviction set aside by the Full Court of the Supreme Court.NSWLawRp 90 1887 Proudfoot v Proctor (1887) 8 LR (NSW) 459 14 November 1887 Supreme Court (Full Court). Background Thomas Logan and David Proudfoot were partners in a contract for the construction of a section of the Illawarra railway. Proudfoot became insolvent which dissolved the partnership. Logan wanted to carry on the contract and sought Proctor's assistance to get him a bank guarantee. Proctor became one of Logan's guarantors, and wishing to protect himself took an assignment of the contract from Logan. At the time of taking the assignment Proctor was a member of the Legislative Assembly, and Proudfoot sought to recover the penalty of £500 because Proctor, being a member of the Legislative Assembly, had entered into a contract with the Government for or on account of the public service, within the meaning of s. 28 of the Constitution of New South Wales. The jury found for Proudfoot for the full amount claimed. Proceedings were stayed pending Proctor's appeal to the Full Court of the Supreme Court.https://nla.gov.au/nla.news-article28352460 Supreme Court: Proudfoot v Proctor The Sydney Morning Herald 17 December 1886 12 May 2021 3 Trovehttps://nla.gov.au/nla.news-article13623120 Supreme Court: Proudfoot v Proctor (part heard) The Sydney Morning Herald 20 December 1886 12 May 2021 3 Trove Candidates This by-election was at the emergence of political parties in New South Wales, where the division was on fiscal lines of free trade and protection. William Cleghorn declared himself to be a free trader.https://nla.gov.au/nla.news-article192878807 Mr. William Cleghorn's meeting. The Armidale Express and New England General Advertiser 7 January 1887 12 May 2021 4 Trove This was the only occasion on which he stood for election.Index to Candidates: Chedid to Coady CandidateIndexes CandidateIndex11 2021-05-12 Charles Givney was a protectionist.http://nla.gov.au/nla.news-article192878769 Mr Givney at Walcha The Armidale Express and New England General Advertiser 4 January 1887 12 May 2021 4 Trove This was the second of five times in which he stood unsuccessfully for parliament. William Proctor was the sitting member and described himself as a fair trader. He opposed the Jennings ministry, which formed the Protectionist Party, but also opposed Sir Henry Parkes who would lead the Free Trade Party at the 1887 election.https://nla.gov.au/nla.news-article192878759 Mr. Proctor's Meeting. The Armidale Express and New England General Advertiser 4 January 1887 13 May 2021 5 Trove Result [[1887 New England colonial by-election|1887 New England by-election]]Monday 10 January1887 New England by-election 1885 New England_1 22 October 2019 William Proctor (re-elected) 673 45.7 Charles Givney 484 32.8 William Cleghorn 317 21.5 1,474 100.0 0 0.0 1,474 37.7 William Proctor resigned because he was found to have an interest in a government contract. Aftermath Proctor resumed his seat in the Legislative Assembly however Parliament was dissolved on 26 January. He did not stand as a candidate at the election on 10 February.1887 New England 2020-09-29 His appeal the Full Court of the Supreme Court was successful, which held that (1) Proctor did not receive any money that was payable under the contract and (2) the contract required the consent of the government. As that had not been given, Proctor had no rights against the government nor did the government have any rights against Proctor. The Full Court's view was that this was not a sufficient interest to disqualify Proctor from sitting and voting as a member.Anne Twomey Anne Twomey (academic) The Constitution of New South Wales 2004 Federation Press 9781862875166 414 https://books.google.com/books?id=KayCZfZwafwC&pg=PA414 2021-05-12 See also Electoral results for the district of New England List of New South Wales state by-elections References expanded Category:1887 elections in Australia Category:New South Wales state by-elections Category:1880s in New South Wales