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Nathaniel Lindley, Baron Lindley

Nathaniel Lindley, Baron Lindley, PC, FRS, FBA (29 November 1828 – 9 December 1921) was an English judge.

The Lord Lindley
Lord of Appeal in Ordinary
In office
10 May 1900 – 2 December 1905
Master of the Rolls
In office
19 October 1897 – 9 May 1900
Preceded byThe Lord Esher
Succeeded byThe Lord Alverstone
Personal details
Born
Nathaniel Lindley

(1828-11-29)29 November 1828
Acton Green, London, England
Died9 December 1921(1921-12-09) (aged 93)
CitizenshipUnited Kingdom
ParentJohn Lindley
EducationUniversity College School
Alma materUniversity College London

Early life

He was the second son of the botanist Dr. John Lindley,[1] born at Acton Green, London. From his mother's side, he was descended from Sir Edward Coke. He was educated at University College School, and studied for a time at University College London, and the University of Edinburgh and University of Cambridge in 1898 and achieved Doctor of Civil Law in University of Oxford in 1903.[1][2]

Legal career

He was called to the bar at the Middle Temple in 1850,[1] and began practice in the Court of Chancery. In 1855 he published An Introduction to the Study of Jurisprudence, consisting of a translation of the general part of Thibaut's System des Pandekten Rechts, with copious notes. In 1860 he published in two volumes his Treatise on the Law of Partnership, including its Application to Joint Stock and other Companies, and in 1862 a supplement including the Companies Act 1862. This work has since been developed into two textbooks well known to lawyers as Lindley on Companies and Lindley on Partnership.[2] Among his pupils were Francis William Maclean, later Chief Justice of Bengal, and Frederick Pollock.

He took silk in February 1872.[3] In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894[2]

Judicial career

In 1875, he was appointed to be a Serjeant-at-law[4][5] and a Justice of the Court of Common Pleas,[4][5] the appointment of a chancery barrister to a common-law court being justified by the fusion of common law and equity then shortly to be brought about, in theory at all events, by the Judicature Acts.

In 1875, he was knighted.[6][7] In 1880 he became a justice of the Queen's Bench and in 1881 he was raised to be a Lord Justice of the Court of Appeal[1][8] and was sworn of the Privy Council.[2][9]

In 1897, Lord Justice Lindley succeeded Lord Esher as Master of the Rolls,[1][10][11] and in 1900 he was made a Lord of Appeal in Ordinary[12][13] with a life peerage and the title of Baron Lindley, of East Carleton in the County of Norfolk.[12][13] He resigned the judicial post in 1905.[2]

Prior to the 1875 reforms, the appointment of serjeants-at-law had already declined, but common law judges could only be appointed from amongst the serjeants-at-law, so it was customary for any appointee who was not yet a serjeant to be appointed a serjeant immediately prior to being appointed a judge. As the requirement for common law judges to be serjeants was abolished shortly after, Lord Lindley became the last serjeant-at-law appointed, and the last judge to wear the serjeant's coif, or rather the black patch representing it, on the judicial wig.[2]

Mount Lindley in Antarctica is named after him.

Family

He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858.[1][2][14] He died at home in East Carleton, near Norwich, in 1921.[15] They had nine children, including diplomat Sir Francis Oswald Lindley and the army officer Major-General John Lindley.[16]

Coat of arms

Coat of arms of Nathaniel Lindley, Baron Lindley
 
 
Crest
In front of a Pelican in her piety Argent, vulning herself proper, and charged with a Pheon point downwards Or, three Quatrefoils fesswise Or.
Escutcheon
Argent, on a Chief nebuly Azure, a Quatrefoil between two Griffin’s Heads erased Argent.
Supporters
Dexter: a Griffin wings elevated Argent, standing on a Fasces proper.
Sinister: a Pelican wings elevated Argent, vulning herself and standing on a Fasces proper.
Motto
SIS FORTIS (May you be brave)

Writing

Lord Lindley published two notable works, Lindley on Companies and Lindley on Partnership.[2] The latter is still published today, as Lindley and Banks on Partnership, now in its 20th edition (2017).

Cases

Company law

Contract law

Property

Tort

Trusts and equity

Other

Books

  • Nathaniel Lindley, An Introduction to the Study of Jurisprudence; Being a Translation of the General Part of Thibaut’s System des Pandekten Rechts (William Maxwell, 1855)

Notes

  1. ^ a b c d e f (Hesilrige 1921)
  2. ^ a b c d e f g h (Chisholm 1911)
  3. ^ "No. 23825". The London Gazette. 6 February 1872. p. 466.
  4. ^ a b "No. 24211". The London Gazette. 25 May 1875. p. 2773.
  5. ^ a b "No. 8584". The Edinburgh Gazette. 28 May 1875. p. 349.
  6. ^ "No. 24209". The London Gazette. 18 May 1875. p. 2681.
  7. ^ "No. 8582". The Edinburgh Gazette. 21 May 1875. p. 333.
  8. ^ "No. 25033". The London Gazette. 1 November 1881. p. 5353.
  9. ^ "No. 25050". The London Gazette. 20 December 1881. p. 6757.
  10. ^ "No. 26903". The London Gazette. 26 October 1897. p. 5869.
  11. ^ "No. 10931". The Edinburgh Gazette. 29 October 1897. p. 1026.
  12. ^ a b "No. 27192". The London Gazette. 15 May 1900. p. 3070.
  13. ^ a b "No. 11198". The Edinburgh Gazette. 18 May 1900. p. 494.
  14. ^ RS. "The Royal Society: Library and Archive catalogue: surname Lindley". Retrieved 10 July 2011.[dead link]
  15. ^ The Royal Society 1921.
  16. ^ "Lindley, Baron (UK, 1900 - 1921)". Cracrofts Peerage. Retrieved 9 June 2020.

References

  • "Lindley & Banks on Partnership - 9780414023758 - SWEET & MAXWELL". Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals. 2 December 2016. Retrieved 5 March 2017.
  • "DServe Archive Catalog: Election ballot to the Royal Society; Lindley: Nathaniel (1828–1921); Baron Lindley Elected 1898". The Royal Society. 9 December 1921. Ref num: EC/1898/01. Retrieved 5 March 2017.

Attribution:

  •   This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Lindley, Nathaniel Lindley, Baron". Encyclopædia Britannica. Vol. 16 (11th ed.). Cambridge University Press. p. 719.
  • Hesilrige, Arthur G. M. (1921). Debrett's Peerage and Titles of courtesy. 160A, Fleet street, London, UK: Dean & Son. p. 565.{{cite book}}: CS1 maint: location (link)

Further reading

  • Pine, L. G. (1972). The New Extinct Peerage 1884–1971: Containing Extinct, Abeyant, Dormant and Suspended Peerages With Genealogies and Arms. London, U.K.: Heraldry Today. p. 178..

External links

Legal offices
Preceded by Master of the Rolls
1897–1900
Succeeded by

nathaniel, lindley, baron, lindley, november, 1828, december, 1921, english, judge, right, honourablethe, lord, lindleypc, fbalord, appeal, ordinaryin, office, 1900, december, 1905master, rollsin, office, october, 1897, 1900preceded, bythe, lord, eshersucceede. Nathaniel Lindley Baron Lindley PC FRS FBA 29 November 1828 9 December 1921 was an English judge The Right HonourableThe Lord LindleyPC FRS FBALord of Appeal in OrdinaryIn office 10 May 1900 2 December 1905Master of the RollsIn office 19 October 1897 9 May 1900Preceded byThe Lord EsherSucceeded byThe Lord AlverstonePersonal detailsBornNathaniel Lindley 1828 11 29 29 November 1828Acton Green London EnglandDied9 December 1921 1921 12 09 aged 93 CitizenshipUnited KingdomParentJohn LindleyEducationUniversity College SchoolAlma materUniversity College London Contents 1 Early life 2 Legal career 2 1 Judicial career 3 Family 4 Coat of arms 5 Writing 6 Cases 6 1 Company law 6 2 Contract law 6 3 Property 6 4 Tort 6 5 Trusts and equity 6 6 Other 7 Books 8 Notes 9 References 10 Further reading 11 External linksEarly life EditHe was the second son of the botanist Dr John Lindley 1 born at Acton Green London From his mother s side he was descended from Sir Edward Coke He was educated at University College School and studied for a time at University College London and the University of Edinburgh and University of Cambridge in 1898 and achieved Doctor of Civil Law in University of Oxford in 1903 1 2 Legal career EditHe was called to the bar at the Middle Temple in 1850 1 and began practice in the Court of Chancery In 1855 he published An Introduction to the Study of Jurisprudence consisting of a translation of the general part of Thibaut s System des Pandekten Rechts with copious notes In 1860 he published in two volumes his Treatise on the Law of Partnership including its Application to Joint Stock and other Companies and in 1862 a supplement including the Companies Act 1862 This work has since been developed into two textbooks well known to lawyers as Lindley on Companies and Lindley on Partnership 2 Among his pupils were Francis William Maclean later Chief Justice of Bengal and Frederick Pollock He took silk in February 1872 3 In 1874 he was elected a bencher of the Middle Temple of which he was treasurer in 1894 2 Judicial career Edit In 1875 he was appointed to be a Serjeant at law 4 5 and a Justice of the Court of Common Pleas 4 5 the appointment of a chancery barrister to a common law court being justified by the fusion of common law and equity then shortly to be brought about in theory at all events by the Judicature Acts In 1875 he was knighted 6 7 In 1880 he became a justice of the Queen s Bench and in 1881 he was raised to be a Lord Justice of the Court of Appeal 1 8 and was sworn of the Privy Council 2 9 In 1897 Lord Justice Lindley succeeded Lord Esher as Master of the Rolls 1 10 11 and in 1900 he was made a Lord of Appeal in Ordinary 12 13 with a life peerage and the title of Baron Lindley of East Carleton in the County of Norfolk 12 13 He resigned the judicial post in 1905 2 Prior to the 1875 reforms the appointment of serjeants at law had already declined but common law judges could only be appointed from amongst the serjeants at law so it was customary for any appointee who was not yet a serjeant to be appointed a serjeant immediately prior to being appointed a judge As the requirement for common law judges to be serjeants was abolished shortly after Lord Lindley became the last serjeant at law appointed and the last judge to wear the serjeant s coif or rather the black patch representing it on the judicial wig 2 Mount Lindley in Antarctica is named after him Family EditHe married Sarah Katharine daughter of Edward John Teale of Leeds on 5 Aug 1858 1 2 14 He died at home in East Carleton near Norwich in 1921 15 They had nine children including diplomat Sir Francis Oswald Lindley and the army officer Major General John Lindley 16 Coat of arms EditCoat of arms of Nathaniel Lindley Baron Lindley Crest In front of a Pelican in her piety Argent vulning herself proper and charged with a Pheon point downwards Or three Quatrefoils fesswise Or Escutcheon Argent on a Chief nebuly Azure a Quatrefoil between two Griffin s Heads erased Argent Supporters Dexter a Griffin wings elevated Argent standing on a Fasces proper Sinister a Pelican wings elevated Argent vulning herself and standing on a Fasces proper Motto SIS FORTIS May you be brave Writing EditLord Lindley published two notable works Lindley on Companies and Lindley on Partnership 2 The latter is still published today as Lindley and Banks on Partnership now in its 20th edition 2017 Cases EditCompany law Edit Allen v Gold Reefs of West Africa Ltd 1900 1 Ch 656 Illingworth v Houldsworth 1904 AC 355 on floating charges Isle of Wight Rly Co v Tahourdin 1884 LR 25 Ch D 320 a UK company law case on removing directors under the Companies Clauses Act 1845 Salomon v A Salomon amp Co Ltd 1897 AC 22Contract law Edit Allcard v Skinner 1887 36 Ch D 145 Byrne v Van Tienhoven 1880 5 CPD 344 Carlill v Carbolic Smoke Ball Company 1892 EWCA Civ 1 1893 1 QB 256 1892 2 QB 484 QBD an advertisement containing certain terms to get a reward constituted a binding unilateral offer that could be accepted by anyone who performed its terms Creen v Wright 1875 76 LR 1 CPD 591 Foakes v Beer Lindley sitting in the Court of Appeal 1884 UKHL 1 1881 85 All ER Rep 106 1884 9 App Cas 605 54 LJQB 130 51 LT 833 33 WR 233 a leading case from the House of Lords on the legal concept of consideration Parker v South Eastern Railway 1877 2 CPD 416Property Edit Colls v Home and Colonial Stores 1904 Tort Edit Quinn v Leathem 1901 AC 495 Robinson v Kilvert 1889 LR 41 ChD 88Trusts and equity Edit Speight v Gaunt 1883 9 App Cas 1 In re Whiteley 1886 33 Ch D 347 355Other Edit Knox v Gye 1872 In re Addlestone Linoleum Co 1887 37 Ch D 191 South Hetton Coal Co v Haswell Shotton and Easington Coal and Coke Co 1898 1 Ch 465 Taff Vale Railway Co v Amalgamated Society of Railway Servants 1901 AC 426 Scottish Free Church case 1904 AC 515 Shepheard v Broome 1904 AC 342Books EditNathaniel Lindley An Introduction to the Study of Jurisprudence Being a Translation of the General Part of Thibaut s System des Pandekten Rechts William Maxwell 1855 Notes Edit a b c d e f Hesilrige 1921 a b c d e f g h Chisholm 1911 No 23825 The London Gazette 6 February 1872 p 466 a b No 24211 The London Gazette 25 May 1875 p 2773 a b No 8584 The Edinburgh Gazette 28 May 1875 p 349 No 24209 The London Gazette 18 May 1875 p 2681 No 8582 The Edinburgh Gazette 21 May 1875 p 333 No 25033 The London Gazette 1 November 1881 p 5353 No 25050 The London Gazette 20 December 1881 p 6757 No 26903 The London Gazette 26 October 1897 p 5869 No 10931 The Edinburgh Gazette 29 October 1897 p 1026 a b No 27192 The London Gazette 15 May 1900 p 3070 a b No 11198 The Edinburgh Gazette 18 May 1900 p 494 RS The Royal Society Library and Archive catalogue surname Lindley Retrieved 10 July 2011 dead link The Royal Society 1921 Lindley Baron UK 1900 1921 Cracrofts Peerage Retrieved 9 June 2020 References Edit Lindley amp Banks on Partnership 9780414023758 SWEET amp MAXWELL Law Books Sweet amp Maxwell the Law Books and Law Journals Professionals 2 December 2016 Retrieved 5 March 2017 DServe Archive Catalog Election ballot to the Royal Society Lindley Nathaniel 1828 1921 Baron Lindley Elected 1898 The Royal Society 9 December 1921 Ref num EC 1898 01 Retrieved 5 March 2017 Attribution This article incorporates text from a publication now in the public domain Chisholm Hugh ed 1911 Lindley Nathaniel Lindley Baron Encyclopaedia Britannica Vol 16 11th ed Cambridge University Press p 719 Hesilrige Arthur G M 1921 Debrett s Peerage and Titles of courtesy 160A Fleet street London UK Dean amp Son p 565 a href Template Cite book html title Template Cite book cite book a CS1 maint location link Further reading EditPine L G 1972 The New Extinct Peerage 1884 1971 Containing Extinct Abeyant Dormant and Suspended Peerages With Genealogies and Arms London U K Heraldry Today p 178 External links Edit Wikiquote has quotations related to Nathaniel Lindley Baron Lindley Hansard 1803 2005 contributions in Parliament by Lord Lindley Portraits of Nathaniel Lindley Baron Lindley at the National Portrait Gallery London Wikimedia Commons has media related to Nathaniel Lindley Baron Lindley Legal officesPreceded byViscount Esher Master of the Rolls1897 1900 Succeeded byLord Alverstone Retrieved from https en wikipedia org w index php title Nathaniel Lindley Baron Lindley amp oldid 1148097704, wikipedia, wiki, book, books, library,

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