Montague Edward Smith
Encyclopedia
Sir Montague Edward Smith PC QC
(25 December 1806 — 3 May 1891) was a British barrister and judge who served as one of the last Justices
of the Court of Common Pleas
.
, where he was called to the Bar on 18 November 1835. Practising on the Western circuit, which had recently seen its best barristers appointed to judicial posts, Smith quickly built up a large practice. On 11 May 1839 he transferred to the Middle Temple
, which he became a Bencher of in 22 November 1853 and Treasurer of in 1863. On 28 June 1853 he was made a Queen's Counsel
(QC).
At the 1859 general election
, Smith was returned as a Member of Parliament for Truro. He spoke little within Parliament, but did succeed in passing an Act to limit crown suits in 1861. On 7 February 1865 he was made a Justice
of the Court of Common Pleas
, hearing cases such as Readhead v Midland Railway Company, and Rylands v Fletcher
. A physical defect made travelling difficult, limiting his effectiveness as a judge of the normal Westminster courts. On 3 November 1871, he moved from the Court of Common Pleas to the Judicial Committee of the Privy Council
, and was temporarily replaced by Robert Collier
, allowing Collier to also qualify to join the Committee. He retired on 12 December 1881 and died at his home in Park Lane
, London
, on 3 May 1891.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(25 December 1806 — 3 May 1891) was a British barrister and judge who served as one of the last Justices
Justice of the Common Pleas
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas...
of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
.
Life
Smith was born Edward Montague Smith on 25 December 1806, to Thomas Smith, an attorney, and Margaret Colville. As an adult he reversed the order of his Christian and middle names, and was known as Montague. Following an education at Bideford Grammar School Smith was articled to his father in 1823, practising on his own after his father died five years later. On 1 November 1830 he joined Gray's InnGray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
, where he was called to the Bar on 18 November 1835. Practising on the Western circuit, which had recently seen its best barristers appointed to judicial posts, Smith quickly built up a large practice. On 11 May 1839 he transferred to the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, which he became a Bencher of in 22 November 1853 and Treasurer of in 1863. On 28 June 1853 he was made a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(QC).
At the 1859 general election
United Kingdom general election, 1859
In the 1859 United Kingdom general election, the Whigs, led by Lord Palmerston, held their majority in the House of Commons over the Earl of Derby's Conservatives...
, Smith was returned as a Member of Parliament for Truro. He spoke little within Parliament, but did succeed in passing an Act to limit crown suits in 1861. On 7 February 1865 he was made a Justice
Justice of the Common Pleas
Justice of the Common Pleas was a puisne judicial position within the Court of Common Pleas of England and Wales, under the Chief Justice. The Common Pleas was the primary court of common law within England and Wales, dealing with "common" pleas...
of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, hearing cases such as Readhead v Midland Railway Company, and Rylands v Fletcher
Rylands v Fletcher
Rylands v Fletcher [1868] was a decision by the House of Lords which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris,...
. A physical defect made travelling difficult, limiting his effectiveness as a judge of the normal Westminster courts. On 3 November 1871, he moved from the Court of Common Pleas to the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, and was temporarily replaced by Robert Collier
Robert Collier, 1st Baron Monkswell
Robert Porrett Collier, 1st Baron Monkswell was an English lawyer, politician and judge.-Background and education:Collier was the son of a prominent merchant of Quaker extraction. He was educated at Oxford.-Career:...
, allowing Collier to also qualify to join the Committee. He retired on 12 December 1881 and died at his home in Park Lane
Park Lane (road)
Park Lane is a major road in the City of Westminster, in Central London.-History:Originally a country lane running north-south along what is now the eastern boundary of Hyde Park, it became a fashionable residential address from the eighteenth century onwards, offering both views across Hyde Park...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, on 3 May 1891.