"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. Several other authorities were then referred to by His Worship, who expressed himself thoroughly satisfied as to the course he ought to pursue, and announced the following as the final state of the Poll in the Respective Wards.
| WARDS | GREY | FOSTER |
|---|---|---|
| Gipps Ward . . . | 50 | 17 |
| La Trobe Ward . . | 102 | 15 |
| Bourke Ward . . . | 43 | 32 |
| Lonsdale Ward . . | 100 | 28 |
| ---- | ---- | |
| 295 | 92 |
leaving a majority for Earl Grey of 203, who was declared amidst enthusiastic cheering, to be duly elected as a member of the Legislative Council for the Electoral District of the City of Melbourne.
GOLD
Source.—A Lady's Visit to the Gold Diggings of Australia in 1852-53 (Mrs. Charles Clacy), pp. 19-29, 82-85