R v Hurst, Ex parte Smith

Subject Matter

CROWN PRACTICE — Certiorari — Inferior tribunal — County court — Order of county court judge made without jurisdiction — Whether certiorari will lie to quash — County Courts Act, 1959 (7 & 8 Eliz. 2, c. 22), ss. 107, 115.

PARLIAMENT — Election — Registration — Appeal to county court — Selected appeal — Objection to registration of 96 names — Appeal in respect of six names — No notice of appeal served on remaining 90 — Whether jurisdiction to direct removal of the 90 names from register — Representation of the People Act, 1949 (12 & 13 Geo. 6, c. 68), s. 45 (1) — County Court Rules, 1936 (as amended), Ord. 43, rr. 3 (2), 8.

CROWN PRACTICE — Certiorari — Inferior tribunal — County court — Order of county court judge made without jurisdiction — Whether certiorari will lie to quash — County Courts Act, 1959 (7 & 8 Eliz. 2, c. 22), ss. 107, 115.

PARLIAMENT — Election — Registration — Appeal to county court — Selected appeal — Objection to registration of 96 names — Appeal in respect of sic names — No notice of appeal served on remaining 90 — Whether jurisdiction to direct removal of the 90 names from register — Representation of the People Act, 1949 (12 & 13 Geo. 6, c. 68), s. 45 (1) — County Court Rules, 1936 (as amended), Ord. 43, rr. 3 (2), 8.

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