The August 1856 Cumberland (South Riding) colonial by-election was a by-election held on 13 August 1856 for the New South Wales Legislative Assembly electoral district of Cumberland (South Riding). This election was significant as it occurred early in the first parliament established under responsible government in the Colony of New South Wales.
Context The electoral district of Cumberland (South Riding) was one of the original 54 districts established for the first Parliament of New South Wales under the new constitution granted in 1855, which brought responsible self-government to the colony. The first general election for this parliament was held between March and May 1856. In Cumberland (South Riding), the initial election on 18 June 1856 resulted in the election of John Oxley.
Vacancy and By-election However, John Oxley's election was subsequently declared void by the Elections and Qualifications Committee of the Legislative Assembly on 28 June 1856. This was because Oxley held an "office of profit under the Crown"—specifically, he was the Master in Equity of the Supreme Court of New South Wales—which disqualified him from sitting as a member of the Legislative Assembly under the prevailing electoral laws. This disqualification created a casual vacancy in the seat, necessitating a by-election.
The by-election was held on 13 August 1856. The candidates who contested the election were John Oxley, seeking re-election despite his prior disqualification, and James Pemell.
Result The by-election was won by James Pemell, who successfully contested the seat against John Oxley. Pemell, a Sydney miller and prominent local figure, became the new representative for Cumberland (South Riding) in the Legislative Assembly. He continued to serve in the parliament until the 1859 general election, when the electoral districts were significantly redistributed and Cumberland (South Riding) ceased to exist.