The Committee of Elections and Qualifications conducted a re-count of the 1856 Northumberland Boroughs election and declared that Bourn Russell had not been elected the member for Northumberland Boroughs. No by-election was conducted, instead the committee declared that Elias Weekes had been elected.[6]
Polling was conducted on 28 March 1856. Nichols represented this district in the old Legislative Council. Committee of Elections and Qualifications conducted a re-count and overturned the election of Bourn Russell and declared that Elias Weekes had been elected.[8]