The 1858 New South Wales colonial election was to return 54 members of Legislative Assembly composed of 34 electoral districts with 18 returning 1 member, 13 returning 2 members, two returning 3 members and one returning 4 members, all with a first past the post system.[1] In multi-member districts, because each voter could cast more than one vote, it is not possible to total the votes to show the number of voters and voter turnout in these districts is estimated. 17 members from 14 districts were returned unopposed.[2] The electoral districts and boundaries were established under the Electoral Act 1851 (NSW) for the former Legislative Council.[3] [4]
The sitting member Clark Irving unsuccessfully contested Northumberland and Hunter.
William Dalley had been defeated as a sitting member for Sydney City.
The sitting member James Pye unsuccessfully contested Parramatta.
The other sitting member James Byrnes successfully contested Parramatta. Edward Flood was a sitting member for North Eastern Boroughs. Thomas Holt was the sitting member for Stanley Boroughs. There was some debate as to whether George Smith had received no votes, with Stuart Donaldson stating that he had seen one vote while Edward Flood said he had seen several.[5]
The sitting member James Garland did not contest the election. The show of hands was in favour of William Macleay and John Paterson and while the supporters of Edward Flood and John Egan called for a poll, they did not have the six electors that were required.[6] Edward Flood successfully contested Cumberland (South Riding).
The sitting members Gideon Lang and Francis Rusden did not contest the election.
The sitting member Patrick Leslie did not contest the election. The returning officer stated that the lack of a mail service to northern parts of the district, being Gladstone, Rannes and Surat meant that no polling had occurred in those places. The Legislative Assembly directed him to return the writ.[7] William Tooth was subsequently proclaimed to have been elected,[8] and Tooth was sworn in on 22 June 1858.[9]
The former member Thomas Rusden unsuccessfully petitioned against the election of Moriaty.[10]
The sitting member Edward Flood successfully contested Cumberland (South Riding).
The other sitting member Hovenden Hely did not contest the election. Clark Irving was the member for Clarence and Darling Downs.
The other sitting member Henry Parker did not contest the election. James Byrnes was the member for Cumberland (South Riding). James Pye petitioned against the election alleging his supporters had been intimidated from voting, however this was dismissed as unproven.
The sitting member James Thompson did not contest the election.
The sitting member Thomas Holt unsuccessfully contested Cumberland (South Riding).
Robert Tooth had unsuccessfully contested Sydney Hamlets.