1858 New England and Macleay colonial by-election explained

A by-election was held for the New South Wales Legislative Assembly electorate of New England and Macleay on 26 November 1858 because of the resignation of Abram Moriarty,^[1] for reasons that included the difficulty of serving a far distant electorate.^[2]

Dates

Date	Event
13 October 1858	Abram Moriarty resigned.
19 October 1858	Writ of election issued by the Speaker of the Legislative Assembly.^[3]
26 November 1858	Nominations at Armidale.
14 December 1858	Polling day
30 December 1858	Return of writ

Candidates

• Alexander Dick was a Sydney solicitor,^[4] who had advertised himself as a candidate,^[5] however he sent a letter to the returning officer declining to go to the poll.
• James Eames advertised himself as a candidate,^[6] however this appears to have been a joke,^[7] and there was no seconder for his nomination.
• James Hart was a Sydney solicitor.^[8]
• Merion Moriarty, the father of Abram,^[1] advertised himself as a candidate,^[6] however was not nominated.
• Thomas Rusden was a squatter in the New England district and the former member for the district,^[9] who had been defeated at the 1858 election.^[10] He had petitioned against the election,^{[11] [12]} however these were rejected by the house as not complying with the requirements of the Electoral Act.^{[13] [14] [15]} On 15 October he attempted to take a seat in the assembly, but was ejected by the sergeant-at-arms.^[16] Rusden stated he was unable to nominate for the seat, asserting he was already the member.^[17]
• John Williams was a Sydney solicitor and the then current Mayor of Sydney.^{[8] [18]}

Result

The by-election was caused by the resignation of Abram Moriarty. Neither candidate called for a poll.

See also

• Electoral results for the district of New England and Macleay
• List of New South Wales state by-elections

Notes and References

1. Mr Abram Orpen Moriarty (1830-1918) . 613 . Yes . 2021-02-25.
2. News: To the electors of New England and Macleay . . 16 October 1858 . 25 February 2021 . 2 . Trove.
3. News: Writ of election: New England and Macleay . . 162 . 19 October 1858 . 2021-02-25 . 1711 . Trove.
4. Mr Alexander Dick (1827-1867) . 571 . Yes . 13 May 2019.
5. News: Advertising . . 9 November 1858 . 25 February 2021 . 1 . Trove.
6. News: Advertising . . 6 November 1858 . 25 February 2021 . 3 . Trove.
7. News: Election meeting . . 13 November 1858 . 25 February 2021 . 2 . Trove.
8. News: Advertising . . 25 November 1858 . 25 February 2021 . 1 . Trove.
9. 453 . Mr Thomas George Rusden (1817-1882) . Yes . 2021-02-25.
10. 1858 . New England and Macleay . 2021-02-25.
11. News: Petition against the return of Abram Orpen Moriarty . . 23 March 1858 . 25 February 2021 . 516 . Trove.
12. News: Mr Rusden's second petition . . 24 April 1858 . 25 February 2021 . 4 . Trove.
13. News: Election for New England and Macleay . . 5 June 1858 . 25 February 2021 . 6 . Trove.
14. News: Petition of Mr T G Rusden . . 12 June 1858 . 25 February 2021 . 5 . Trove.
15. News: Petition from Thomas George Rusden . The Sydney Morning Herald. 20 August 1858 . 25 February 2021 . 3 . Trove.
16. News: Legislative Assembly: stranger in the house . . 16 October 1858 . 25 February 2021 . 7 . Trove.
17. News: Advertising . . 13 November 1858 . 25 February 2021 . 9 . Trove.
18. Web site: Terry . McCormack . John Williams . Dictionary of Sydney . City of Sydney . 25 February 2021.