A by-election was held for the New South Wales Legislative Assembly electorate of Hartley on 21 April 1876 because the Committee of Elections and Qualifications found that Thomas Brown had an office of profit under the crown and declared that his seat was vacant.
In October 1875 Thomas Brown responded to a tender for the supply of coal to the railway,[2][7] however no contract was awarded.
[2][8] Samuel Gray said in the Legislative Assembly that Thomas Brown leased the colliery to William Pitt and that the only connection between them was one of landlord and tenant.
[2] The Committee found that Thomas Brown was the owner of the Eskbank Colliery, the coal supplied by William Pitt was taken from the Eskbank Colliery and that Thomas Brown had a "direct interest in a contract entered into with the Government by the said William Pitt for the supply of engine coal for the Great Southern and Western Railways" and was therefore disqualified from being a member of the Legislative Assembly.
[4] The question of whether Hugh Taylor had an interest in a contract for the supply of meat to the government asylum at Parramatta was referred to the Committee on the same day as Thomas Brown.