William Milbourne James

Sir William Milbourne James, (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 James was born in Merthyr Tydfil, Wales, in 1807 to Christopher James, a prosperous provision merchant, and his wife, Ann. He was baptised Presbyterian. His cousin was Charles Herbert James, who later became Member of Parliament for Merthyr Tydfil. 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.

In 1846 James married Maria Otter, daughter of William Otter, Bishop of Chichester.

Career at the bar James was called to the Bar from Lincoln's Inn in 1831. receiving the customary knighthood. The next year, 1870, he was appointed a Lord Justice of Appeal of the Court of Appeal in Chancery. He was also sworn to the Privy Council.

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 Companies Acts and the Bankruptcy Act 1869 (32 & 33 Vict. c. 71).

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 section 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 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.

Later life and death

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