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William Milbourne James (judge)

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This article is about the British lawyer and judge. For his grandson, the British admiral and author, see William James (Royal Navy officer, born 1881).
The Right Honourable
Sir William Milbourne James
Painting of James as a young man, cropped from a larger painting
James as a young man
Vice-Chancellor
In office
2 January 1869 – 2 July 1870
Preceded bySir George Markham Giffard
Succeeded bySir James Bacon
Lord Justice of Appeal, Court of Appeal in Chancery
In office
2 July 1870 – 7 June 1881
Preceded bySir Charles Jasper Selwyn
Judicial Committee of the Privy Council
In office
2 July 1870 – 7 June 1881
Personal details
Born29 June 1807
Merthyr Tydfil, Wales
Died7 June 1881 (aged 73)
47 Wimpole Street, London, England
Resting placeHighgate Cemetery
Children1 son and 1 daughter
RelativesAdmiral Sir William Milbourne James (grandson)
Charles Herbert James, MP (cousin)
William Otter, Bishop of Chichester (father-in-law)
Major-General George Salis-Schwabe (son-in-law)
EducationGlasgow University
Lincoln's Inn
OccupationJudge
ProfessionLawyer

Sir William Milbourne James, PC (29 June 1807 – 7 June 1881) was a Welsh barrister and judge. A Chancery specialist, he was appointed to the Court of Chancery of England in 1869. The next year, he was appointed Lord Justice of Appeal in Chancery (Lord Justice of Appeal from 1877), as well as a member of the Privy Council, serving until his death in 1881.

Early life and family

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James was born in Merthyr Tydfil, Wales, in 1807 to Christopher James, a prosperous provision merchant, and his wife, Ann.[1] He was baptised Presbyterian.[2] His cousin was Charles Herbert James, who later became Member of Parliament for Merthyr Tydfil.[3] He was educated privately at the school run by John James of Gellionnen before entering Glasgow University.

In 1836 James was included in the preparations for the record breaking balloon trip funded by Robert Hollond. He was amongst six people included in the commemorative painting which is now in the National Portrait Gallery in London.[4]

In 1846 James married Maria Otter, daughter of William Otter, Bishop of Chichester.[1] The couple had two children, a son and a daughter. Their son, W. C. James, became an officer in the 16th Lancers, and was the father of Admiral Sir William Milbourne James. Their daughter, Mary Jaqueline James, married George Salis-Schwabe, also of the 16th Lancers.[5]

Career at the bar

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James was called to the Bar from Lincoln's Inn in 1831.[1] James first practised his legal work around the South Wales circuit, but later switched his activities to his Chancery practice.[1]

During his legal career, he held several government legal positions: Junior Counsel to HM Treasury in Equity, Junior Counsel to the Woods and Forests Department, the Inland Revenue, and the Metropolitan Board of Works. In 1853 he was appointed Queen's Counsel, and Vice-Chancellor of the County Palatine of Lancaster.[5]

James also was appointed to several commissions of inquiry into various subjects, including equity procedure, the Law Commission of India, and the army purchase commission. As a member of the judicature commission, he argued strongly for major reforms, including the abolition of pleadings.[5]

In 1866, he was the Treasurer of Lincoln's Inn.[5]

Political activity

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James stood for election twice in the constituency of Derby, as a Liberal. He was also a member of the Reform Club.[5] In 1880, he was considered for the nomination to the Merthyr Tydfil seat when his cousin was elected, but by that time James had lost touch with Welsh affairs and had little interest in the Welsh national movement.[1]

Judicial career

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Lord Justice James, photographed by Julia Margaret Cameron

On 2 January, 1869, James was appointed a Vice-Chancellor of the Court of Chancery,[6] receiving the customary knighthood.[7] The next year, 1870, he was appointed a Lord Justice of Appeal of the Court of Appeal in Chancery.[8] He was also sworn to the Privy Council.[9]

He had a reputation as an eminent and shrewd judge, learned in the law, with a talent for concise but clear enunciation of principles. While on the Court of Appeal in Chancery, he decided several cases under the new Companies Act and Bankruptcy Act of 1869.[5] Lambe v Eames is a leading case on the construction of declarations of trust, and Ex parte Mackay is a foundational case in bankruptcy law. In Tamplin v James he gave the decision concerning the availability of specific performance for a breach of contract induced by mistake.[10]

In 1874, James gave the decision of the Judicial Committee of the Privy Council in a significant constitutional case from Canada, Maher v Town Council of Portland. The case concerned the interpretation of s. 93 of the British North America Act, 1867 (now the Constitution Act, 1867), dealing with publicly funded religious separate schools, and has been cited by the Canadian courts in subsequent cases dealing with separate schools.

Interest in India

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In addition to sitting on the commission relating to Indian legal matters, James had a personal interest in India and its position in the Empire. Prior to his appointment to the bench, he began writing a planned two-volume text on India, but did not complete it due to his judicial workload and ill-health. His daughter, Mary Salis Schwabe, completed the editorial work on the first volume, which was published the year after James's death.[11]

Later life and death

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Grave of William Milbourne James in Highgate Cemetery (west side)

James died in 1881 at his London residence, 47 Wimpole Street, and is buried at Highgate Cemetery.[1][5]

Judgments

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Publications

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Sir William Milbourne James, "The British in India" (London: MacMillan and Co., 1882); edited by Mary J. Salis Schwabe.

Arms

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Coat of arms of William Milbourne James
Notes
Displayed on a wooden panel on the western wall of the Great Hall at Lincoln's Inn.
Crest
A cock Gules gorged with a collar gemel Or the dexter claw resting on a portcullis chained of the last.
Escutcheon
Or a chevron Vair between three lions’ heads erased Gules.
Motto
Gwna A Ddyled Doed A Ddel[12]

References

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  1. ^ a b c d e f Lloyd (1958), pg 428.
  2. ^ England & Wales, Non-Conformist and Non-Parochial Registers, 1567-1970
  3. ^ Lloyd (1958), pg 420.
  4. ^ Consultation prior to the Aerial Voyage to Weilburg 1836, National Portrait Gallery (London)
  5. ^ a b c d e f g Hamilton, John (1892). "James, William Milbourne" . Dictionary of National Biography. Vol. 29. p. 230.
  6. ^ Edinburgh Gazette, Number 7918, p. 37 (8 January, 1869).
  7. ^ London Gazette, Number 23466, p. 663 (9 February, 1869).
  8. ^ London Gazette, Number 23631, p. 3265 (5 July, 1870).
  9. ^ London Gazette, Number 23632, p. 3303 (8 July, 1870).
  10. ^ "Contract - General Principles - Remedies - Specific Performance and Injunctions - Specific Performance". The Laws of Australia. Thomson Reuters. 31 August 2006. pp. [7.9.1450].
  11. ^ Sir William Milbourne James, "The British in India" (London: MacMillan and Co., 1882); edited by Mary J. Salis Schwabe, pp. v-vi; reprinted Amazon Paperback edition, 2020.
  12. ^ "Milbourne-James W". Baz Manning. Retrieved 17 June 2022.

Bibliography

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  • Lloyd, John Edward; Jenkins, R.T. (1958). The Dictionary of Welsh Biography, Down to 1940. Cardiff: William Lewis.
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