A by-election was held for the New South Wales Legislative Assembly electorate of East Maitland on 11 August 1863 because John Darvall QC had been appointed Attorney General in the third Cowper ministry. Such ministerial by-elections were usually uncontested however on this occasion the appointment of Darvall was controversial, not only was he a conservative appointed to the liberal ministry, but because John Hargrave, who had been Attorney General since March 1860, accepted the lesser role of Solicitor General to allow Darvall to be appointed.