The Railway Clauses Consolidation Act (8 Vict. c. 20), s. 3, enacts that ‘justice’ shall mean ‘a justice acting for the county, and co, in which the matter requiring the cognizance of such justice shall arise, and who shall not he interested in the matter ‘
Held: that the latter part of the definition is merely declaratory of the common law, and does not confine the jurisdiction given by different sections of the act to a justice of the county, and co., not being interested; and, therefore, where, on the hearing of a complaint under section 58, an objection to a justice on the ground of interest is waived by the parties, the justice has jurisdiction, and the objection of want of jurisdiction cannot afterwards be raised.
[1865] EngR 726, (1865) 6 B and S 794, (1865) 122 ER 1386, (1865-1866) LR 1 QB 84, [1865] UKLawRpKQB 13
Commonlii
England and Wales
Updated: 29 September 2021; Ref: scu.281638
