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Nelson, Horatio, 1758-1805

"A Source Book of Australian History"


The Mayor addressed the Meeting as follows:--"Gentlemen, I have called
you together again for the purpose of declaring on whom the late
election has fallen, but previously to doing so I will read two
protests, one of which has been sent to a deputy returning officer, and
the other to myself." His worship then read the protests, which are as
follows:--"I, the undersigned burgher of Bourke Ward, do hereby protest
against the Returning Officer receiving any votes for the Right Hon.
Earl Grey, on the following grounds:--
"First, that Earl Grey as a Peer of the British Parliament cannot hold a
seat in a Colonial House of Legislative Representation.
"Second, That he cannot move Her Majesty in two distinct Legislatures.
"Third, That he is not qualified according to the Act.
"Fourth, That he is an absentee, and there is no one present to
represent him--to state that he will sit if elected.
(Signed) "Sidney Stephen, Barrister-at-law."
The Mayor remarked that these protests were very respectably signed, and
were deserving of attention, but although they were signed by numerous
lawyers he believed he was relieved of all difficulty on the subject by
being guided by the 96th clause of the Constitutional Act which rendered
it imperative that all complaints of this nature must be addressed in
the form of a petition to the Governor and must be addressed by one of
the candidates, or one-tenth of the whole of the electors.


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