Electoral district of Counties of Cook and Westmoreland

The Electoral district of Counties of Cook and Westmoreland, also known as the United Midland Counties of Cook and Westmoreland,[1] was an electorate of the New South Wales Legislative Council at a time when some of its members were elected and the balance were appointed by the Governor.[2]

For the NSW Legislative Assembly electorate, see Electoral district of Cook and Westmoreland.

Counties of Cook and Westmoreland
New South Wales—Legislative Council
Cook county in the 1840s
StateNew South Wales
Created1843
Abolished1856
NamesakeCook & Westmoreland counties
Coordinates33°32′S 150°7′E
Westmoreland county in the 1840s

It was created by the Electoral Act 1843 and returned one member.[2] named after Cook and Westmoreland counties two of the original Nineteen Counties in New South Wales, covering the Blue Mountains, Lithgow and Oberon areas, including the towns of Hartley, Penrith and Wilberforce. Polling also took place at nearby towns such as Bathurst and North Richmond,[3] however they were not in the district.

In 1856 the unicameral Legislative Council was abolished and replaced with an elected Legislative Assembly and an appointed Legislative Council. The district was represented by the two member Legislative Assembly electorate of Cook and Westmoreland and James Martin,[4] was re-elected along with Robert Jamison.[5]

Members
MemberTerm
John Panton [6] Jun 1843 – Jun 1848
James Martin [4] Jul 1848 – Feb 1856

Election results

There were three elections held in the district.

1843
This section is an excerpt from Results of the 1843 New South Wales colonial election § Counties of Cook and Westmoreland[edit]
1843 New South Wales colonial election, 16 June:
Counties of Cook and Westmoreland [7]
Candidate Votes %
John Panton 112 65.12
George Bowman 60 34.88
Total votes 172 100.00

1848
This section is an excerpt from Results of the 1848 New South Wales colonial election § Counties of Cook and Westmoreland[edit]
1848 New South Wales colonial election, 29 July:
Counties of Cook and Westmoreland [8]
Candidate Votes %
James Martin (elected) 103 65.61
Alfred Cheeke 54 34.39
Total votes 157 100
The election of James Martin was declared void on the grounds that he was not qualified to stand;[1][9] however, he was re-elected unopposed.[10] Martin subsequently sued the Speaker of the Legislative Council, Charles Nicholson and the Sergeant at Arms, William Christie, for trespass for having him removed when there had been no decision of the Electoral Court in accordance with the Electoral Act 1843.[2] The Full Court of the Supreme Court held that under the Electoral Act 1843 it was only the Electoral Court that could determine there was a vacancy and not the Governor.[11]

1851
This section is an excerpt from Results of the 1851 New South Wales colonial election § Cook and Westmoreland[edit]
1851 New South Wales colonial election, 23 September:
Counties of Cook and Westmoreland [12][3]
Candidate Votes %
James Martin 94 57.32
Alexander Longmore 70 42.68
Total votes 164 100

See also
  • "Hansard: First Legislative Council", 1824-1855, Parliament of New South Wales

References
  1. "Writ of election". New South Wales Government Gazette (89). 21 June 1849. p. 939. Retrieved 22 April 2019 – via Trove.
  2. "An Act to provide for the division of the Colony of New South Wales into Electoral Districts and for the Election of Members to serve in the Legislative Council.". Act No. 16 of 23 February 1843 (PDF). Retrieved 22 April 2019.
  3. "Cook and Westmoreland". The Empire. 26 September 1851. p. 3. Retrieved 22 April 2019 – via Trove.
  4. "Sir James Martin [1] (1820–1886)". Former Members of the Parliament of New South Wales. Retrieved 22 April 2019.
  5. "Mr Robert Thomas Jamison (1829-1878)". Former Members of the Parliament of New South Wales. Retrieved 17 April 2019.
  6. "Mr John Panton (1815-1866)". Former Members of the Parliament of New South Wales. Retrieved 22 April 2019.
  7. "Cook and Westmoreland election". The Australian. 21 June 1843. p. 3. Retrieved 22 May 2019 – via Trove.
  8. "Cook and Westmoreland". The Sydney Morning Herald. 29 July 1848. p. 3. Retrieved 22 April 2019 – via Trove.
    "Cook and Westmoreland". The Sydney Morning Herald. 2 August 1848. p. 3. Retrieved 25 May 2019 – via Trove.
  9. "Legislative Council: Mr James Martin". The Sydney Morning Herald. 18 June 1849. p. 2. Retrieved 22 April 2019 – via Trove.
    "Legislative Council: message from the Governor:- Mr James Martin". The Sydney Morning Herald. 20 June 1849. p. 2. Retrieved 22 April 2019 – via Trove.
  10. "Cook and Westmoreland election". The Sydney Morning Herald. 14 July 1849. p. 3. Retrieved 22 April 2019 – via Trove.
  11. Martin v Nicholson (1850) 1 Legge 618 (PDF) Supreme Court (Full Court) (NSW), per Stephen CJ, Dickinson and Therry JJ.
  12. "Cook and Westmoreland election". The Empire. 19 September 1851. p. 3. Retrieved 22 April 2019 – via Trove.
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