Sir Montague Edward Smith (25 December 1806 – 3 May 1891) was a British barrister and judge who served as one of the last

Justices A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

of the

Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...

Early 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 Apprenticeship is a system for training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study (classroom work and reading). Apprenticeships can also enable practitioners to gain a ...

to his father in 1823, practising on his own after his father died five years later.

Career

On 1 November 1830 he joined

Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...

, where he was

called to the Bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...

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 The Honourable Society of the Middle Temple, commonly known simply 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 an ...

, which he became a Bencher of on 22 November 1853 and Treasurer of in 1863. On 28 June 1853 he was made a

Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...

(QC). At the 1859 general election, Smith was returned as a

Conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...

Member of Parliament for

Truro Truro (; kw, Truru) is a City status in the United Kingdom, cathedral city and civil parishes in England, civil parish in Cornwall, England. It is Cornwall's county town, sole city and centre for administration, leisure and retail trading. Its ...

. 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, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...

of the

, hearing cases such as '' Readhead v Midland Railway Company'', and ''

Rylands v Fletcher ''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged ...

''. 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 The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

, 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 Park Lane is a dual carriageway road in the City of Westminster in Central London. It is part of the London Inner Ring Road and runs from Hyde Park Corner in the south to Marble Arch in the north. It separates Hyde Park to the west from May ...

, London, on 3 May 1891. He is buried at

Kensal Green Cemetery Kensal Green Cemetery is a cemetery in the Kensal Green area of Queens Park in the Royal Borough of Kensington and Chelsea in London, England. Inspired by Père Lachaise Cemetery in Paris, it was founded by the barrister George Frederic ...

, London.

Arms

References

External links

* {{DEFAULTSORT:Smith, Edward Montague 1806 births 1891 deaths Burials at Kensal Green Cemetery Members of the Parliament of the United Kingdom for Truro 19th-century English judges Justices of the Common Pleas Members of the Privy Council of the United Kingdom Members of the Judicial Committee of the Privy Council UK MPs 1859–1865 Conservative Party (UK) MPs for English constituencies