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词条 Nathaniel Lindley, Baron Lindley
释义

  1. Early life

  2. Legal career

     Judicial career 

  3. Family

  4. Coat of arms

  5. Writing

  6. Cases

     Company law  Contract law  Property  Tort  Trusts and equity  Other 

  7. Books

  8. Notes

  9. References

  10. Further reading

  11. External links

{{Use British English|date=August 2011}}{{Use dmy dates|date=August 2011}}{{Infobox judge
| honorific-prefix = The Right Honourable
| name = The Lord Lindley
| honorific-suffix = {{Post-nominals|country=GBR|size=100%|SL|PC|FRS|FBA}}
| image = LordLindley cropp.jpg
| alt =
| caption =
| office1 = Lord of Appeal in Ordinary
| term_start1 = 10 May 1900
| term_end1 = 2 December 1905
| office2 = Master of the Rolls
| term_start2 = 19 October 1897
| term_end2 = 9 May 1900
| predecessor2 = The Lord Esher
| successor2 = The Lord Alverstone
| birth_name = Nathaniel Lindley
| birth_date = {{Birth date|df=y|1828|11|29}}
| birth_place = Acton Green, London, England
| death_date = {{Death date and age|df=y|1921|12|9|1828|11|29}}
| death_place =
| citizenship = United Kingdom
| nationality = English
| party =
| otherparty =
| height =
| spouse =
| partner =
| relations =
| children =
| parents = John Lindley
| education = University College School
| alma_mater = University College London
| occupation =
| profession =
}}

Nathaniel Lindley, Baron Lindley, {{Post-nominals|country=GBR|SL|PC|FRS|FBA|sep=,|size=100%}} (29 November 1828 – 9 December 1921) was an English judge.

Early life

He was the second son of the botanist John Lindley{{citation needed|date=March 2017}}, 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.{{sfn|Chisholm|1911|p=719}}

Legal career

He was called to the bar at the Middle Temple in 1850, 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.{{sfn|Chisholm|1911|p=719}} Among his pupils were Francis William Maclean, later Chief Justice of Bengal, and Frederick Pollock.

He took silk in February 1872.[1] In 1874 he was elected a bencher of the Middle Temple, of which he was treasurer in 1894.{{sfn|Chisholm|1911|p=719}}

Judicial career

In 1875, he was appointed to be a Serjeant-at-law[2][3] and a Justice of the Court of Common Pleas,[2][3] 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.[4][5] 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[6] and was sworn of the Privy Council.{{sfn|Chisholm|1911|p=719}}[7]

In 1897, Lord Justice Lindley succeeded Lord Esher as Master of the Rolls,[8][9] and in 1900 he was made a Lord of Appeal in Ordinary[10][11] with a life peerage and the title of Baron Lindley, of East Carleton in the County of Norfolk.[10][11] He resigned the judicial post in 1905.{{sfn|Chisholm|1911|p=719}}

Lord Lindley was 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.{{sfn|Chisholm|1911|p=719}}

Mount Lindley in Antarctica is named after him.

Family

He married Sarah Katharine, daughter of Edward John Teale of Leeds, on 5 Aug 1858.{{sfn|Chisholm|1911|p=719}}[12] He died at home in East Carleton, near Norwich, in 1921.{{sfn |The Royal Society| 1921}} They had nine children, including diplomat Sir Francis Oswald Lindley.

Coat of arms

{{Infobox COA wide
|image =
|image size =
|notes =
|year_adopted =
|coronet = Coronet of a Baron
|escutcheon = Argent, on an 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.


|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.
|badge =
|motto = SIS FORTIS (May you be brave)
|symbolism =
}}

Writing

Lord Lindley published two notable works, Lindley on Companies and Lindley on Partnership.{{sfn|Chisholm|1911|p=719}} The latter is still published today, as Lindley and Banks on Partnership, now in its 19th edition (2013).{{sfn|Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals|2016}}

Cases

Company law

  • 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 & Co Ltd [1897] AC 22

Contract law

  • 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 416

Property

  • Colls v Home and Colonial Stores (1904)

Tort

  • Quinn v Leathem [1901] AC 495
  • Robinson v Kilvert (1889) LR 41 ChD 88

Trusts and equity

  • Speight v Gaunt (1883) 9 App Cas 1
  • In re Whiteley (1886) 33 Ch D 347, 355

Other

  • 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 342

Books

  • Nathaniel Lindley, An Introduction to the Study of Jurisprudence; Being a Translation of the General Part of Thibaut’s System des Pandekten Rechts ([https://archive.org/details/anintroductiont05lindgoog William Maxwell, 1855])

Notes

1. ^{{London Gazette |issue=23825 |date=6 February 1872 |page=466}}
2. ^{{London Gazette |issue=24211 |date=25 May 1875 |page=2773}}
3. ^{{London Gazette |issue=8584 |date=28 May 1875 |page=349 |city=e}}
4. ^{{London Gazette |issue=24209 |date=18 May 1875 |page=2681}}
5. ^{{London Gazette |issue=8582 |date=21 May 1875 |page=333 |city=e}}
6. ^{{London Gazette |issue=25033 |date=1 November 1881 |page=5353}}
7. ^{{London Gazette |issue=25050 |date=20 December 1881 |page=6757}}
8. ^{{London Gazette |issue=26903 |date=26 October 1897 |page=5869}}
9. ^{{London Gazette |issue=10931 |date=29 October 1897 |page=1026 |city=e}}
10. ^{{London Gazette |issue=27192 |date=15 May 1900 |page=3070}}
11. ^{{London Gazette |issue=11198 |date=18 May 1900 |page=494 |city=e}}
12. ^{{Cite web |author=RS|url=http://www2.royalsociety.org/DServe/dserve.exe?dsqIni=Dserve.ini&dsqApp=Archive&dsqCmd=Show.tcl&dsqDb=Persons&dsqPos=1&dsqSearch=%28Surname%3D%27lindley%27%29|title=The Royal Society: Library and Archive catalogue: surname Lindley|accessdate=10 July 2011}}{{dead link|date=March 2017}}

References

  • {{cite web |title=Lindley & Banks on Partnership - 9780414023758 - SWEET & MAXWELL |website=Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals |date=2 December 2016 |url=http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=558582&recordid=5038 |ref={{sfnref|Law Books - Sweet & Maxwell the Law Books and Law Journals Professionals|2016}} |accessdate=5 March 2017}}
  • {{cite web |title=DServe Archive Catalog: Election ballot to the Royal Society; Lindley: Nathaniel (1828 - 1921); Baron Lindley Elected 1898 |website=The Royal Society |date=9 December 1921 |url=https://collections.royalsociety.org/DServe.exe?dsqIni=Dserve.ini&dsqApp=Archive&dsqCmd=Show.tcl&dsqDb=Catalog&dsqPos=45&dsqSearch=%28%28text%29%3D%27Lindley%27%29 |id=Ref num: EC/1898/01 |ref={{sfnref|The Royal Society|1921}} |accessdate=5 March 2017}}
Attribution:
  • {{1911|wstitle=Lindley, Nathaniel Lindley, Baron |volume=16 |page=719}}

Further reading

  • {{cite book |last=Pine |first=L. G. |year=1972 |title=The New Extinct Peerage 1884–1971: Containing Extinct, Abeyant, Dormant and Suspended Peerages With Genealogies and Arms |location=London, U.K. |publisher=Heraldry Today |page=178}}.

External links

{{Wikiquote}}{{Commonscat|Nathaniel Lindley, Baron Lindley}}{{s-start}}{{s-legal}}{{succession box
| title=Master of the Rolls
| before=Viscount Esher
| after=Lord Alverstone
| years=1897–1900}}{{s-end}}{{Masters of the Rolls}}{{Authority control}}{{DEFAULTSORT:Lindley, Nathaniel Lindley, Baron}}

17 : 1828 births|1921 deaths|Law lords|English judges|People from Acton, London|People educated at University College School|Serjeants-at-law (England)|Members of the Middle Temple|Queen's Bench Division judges|Masters of the Rolls|Members of the Judicial Committee of the Privy Council|Fellows of the Royal Society|Justices of the Common Pleas|Common Pleas Division judges|Fellows of the British Academy|Members of the Privy Council of the United Kingdom|Knights Bachelor

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