[5][6] In 1880, after finishing his term as mayor, Proctor left Armidale to practice as a solicitor in Sydney.
[7] In December 1886 Proctor was found guilty by a jury of having sat and voted in parliament whilst he had an interest in a contract with the Government and the statutory penalty of £500 was imposed.
Thomas Logan and David Proudfoot were partners in a contract for the construction of a section of the Illawarra railway.
Logan wanted to carry on the contract and sought Proctor's assistance to get him a bank guarantee.
At the time of taking the assignment Proctor was a member of the Legislative Assembly, and Proudfoot sought to recover the penalty of £500 because Proctor, being a member of the Legislative Assembly, had entered into a contract with the Government for or on account of the public service, within the meaning of s. 28 of the Constitution of New South Wales.
[10] The resulting by-election was held on 10 January 1887, which was at the emergence of political parties in New South Wales, where the division was on fiscal lines of free trade and protection.
The Full Court's view was that this was not a sufficient interest to disqualify Proctor from sitting and voting as a member.