Montague Muir Mackenzie
Encyclopedia
Montague Johnstone Muir Mackenzie (29 September 1847 – 18 April 1919) was a Scottish barrister
and legal writer. He was the son of Sir John William Pitt Muir Mackenzie of Delvine, Second Baronet
and the younger brother of Kenneth Muir Mackenzie, 1st Baron Muir Mackenzie. In his youth, he was a keen sportsman and played football for Scotland in the last of the representative matches
played in 1872.
and his wife, Sophia (née Johnstone). He was baptised on 29 October 1847 at Caputh
in Perthshire
, close to the family home at Delvine.
He was educated at Charterhouse School
between 1860 and 1866 before going up to Hertford College, Oxford University. He graduated with a B.A.
degree in 1870 and became a Fellow.
On 17 August 1888, he married the Hon. Sarah Napier Bruce (1856–1931), daughter of Henry Austin Bruce, 1st Baron Aberdare. They had one child, Enid, born on 25 June 1889; she died on 17 November 1952, unmarried.
XI between 1864 and 1866 often playing alongside his brother Kenneth. In a match against Marylebone Cricket Club
in August 1866, he took six wickets in the first innings; despite this, the M.C.C. won the match by three wickets.
He also played football for Charterhouse, being listed in their team in 1865. He was selected to represent Scotland in the last of the representative matches
played against England on 24 February 1872. Muir Mackenzie played in goal for part of the game, alternating with Charles Nepean
; the match ended in a 1–0 victory for the English, with a goal from J.C. Clegg. In many present-day databases, Muir Mackenzie is confused with his elder brother, Kenneth, who played for Scotland on 5 March 1870.
in January 1869 and called to the bar on 27 January 1873.
He held the office of "Bencher" of the Middle Temple
and was a member of the South-eastern Circuit. He became Official Referee of the Supreme Court and held the offices of Recorder
of Sandwich
and Deal
in Kent
, and of Justice of the Peace
(J.P.) for Gloucestershire
. He resigned his position as recorder in 1905 and was replaced by Patrick Rose-Innes.
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and legal writer. He was the son of Sir John William Pitt Muir Mackenzie of Delvine, Second Baronet
Muir Mackenzie Baronets
The Muir Mackenzie Baronetcy, of Delvine in the County of Perth, is a title in the Baronetage of the United Kingdom. It was created on 9 November 1805 for Alexander Muir Mackenzie...
and the younger brother of Kenneth Muir Mackenzie, 1st Baron Muir Mackenzie. In his youth, he was a keen sportsman and played football for Scotland in the last of the representative matches
England v Scotland representative matches (1870–1872)
Between 1870 and 1872, the Football Association organised five representative association football matches between teams from England and Scotland, all held in London. The first of these matches was held at The Oval on 5 March 1870, and the fifth was on 21 February 1872. The matches, which were...
played in 1872.
Family and education
Muir Mackenzie was born on 29 September 1847, the eighth of ten children of Sir John William Muir MackenzieMuir Mackenzie Baronets
The Muir Mackenzie Baronetcy, of Delvine in the County of Perth, is a title in the Baronetage of the United Kingdom. It was created on 9 November 1805 for Alexander Muir Mackenzie...
and his wife, Sophia (née Johnstone). He was baptised on 29 October 1847 at Caputh
Caputh
Caputh is a village in the municipality of Schwielowsee, Potsdam-Mittelmark, Brandenburg, Germany.Caputh got a railway station in 1904...
in Perthshire
Perthshire
Perthshire, officially the County of Perth , is a registration county in central Scotland. It extends from Strathmore in the east, to the Pass of Drumochter in the north, Rannoch Moor and Ben Lui in the west, and Aberfoyle in the south...
, close to the family home at Delvine.
He was educated at Charterhouse School
Charterhouse School
Charterhouse School, originally The Hospital of King James and Thomas Sutton in Charterhouse, or more simply Charterhouse or House, is an English collegiate independent boarding school situated at Godalming in Surrey.Founded by Thomas Sutton in London in 1611 on the site of the old Carthusian...
between 1860 and 1866 before going up to Hertford College, Oxford University. He graduated with a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree in 1870 and became a Fellow.
On 17 August 1888, he married the Hon. Sarah Napier Bruce (1856–1931), daughter of Henry Austin Bruce, 1st Baron Aberdare. They had one child, Enid, born on 25 June 1889; she died on 17 November 1952, unmarried.
Sporting career
During his time at Charterhouse School, Muir Mackenzie was a regular member of the school cricketCricket
Cricket is a bat-and-ball game played between two teams of 11 players on an oval-shaped field, at the centre of which is a rectangular 22-yard long pitch. One team bats, trying to score as many runs as possible while the other team bowls and fields, trying to dismiss the batsmen and thus limit the...
XI between 1864 and 1866 often playing alongside his brother Kenneth. In a match against Marylebone Cricket Club
Marylebone Cricket Club
Marylebone Cricket Club is a cricket club in London founded in 1787. Its influence and longevity now witness it as a private members' club dedicated to the development of cricket. It owns, and is based at, Lord's Cricket Ground in St John's Wood, London NW8. MCC was formerly the governing body of...
in August 1866, he took six wickets in the first innings; despite this, the M.C.C. won the match by three wickets.
He also played football for Charterhouse, being listed in their team in 1865. He was selected to represent Scotland in the last of the representative matches
England v Scotland representative matches (1870–1872)
Between 1870 and 1872, the Football Association organised five representative association football matches between teams from England and Scotland, all held in London. The first of these matches was held at The Oval on 5 March 1870, and the fifth was on 21 February 1872. The matches, which were...
played against England on 24 February 1872. Muir Mackenzie played in goal for part of the game, alternating with Charles Nepean
Charles Nepean
The Rev. Charles Edward Burroughs Nepean was an English amateur cricketer and footballer who later became a vicar in the Church of England...
; the match ended in a 1–0 victory for the English, with a goal from J.C. Clegg. In many present-day databases, Muir Mackenzie is confused with his elder brother, Kenneth, who played for Scotland on 5 March 1870.
Legal career
Muir Mackenzie was enrolled as a pupil barrister at Lincoln's InnLincoln's Inn
The Honourable Society of Lincoln's Inn is one of four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. The other three are Middle Temple, Inner Temple and Gray's Inn. Although Lincoln's Inn is able to trace its official records beyond...
in January 1869 and called to the bar on 27 January 1873.
He held the office of "Bencher" of 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...
and was a member of the South-eastern Circuit. He became Official Referee of the Supreme Court and held the offices of Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
of Sandwich
Sandwich, Kent
Sandwich is a historic town and civil parish on the River Stour in the Non-metropolitan district of Dover, within the ceremonial county of Kent, south-east England. It has a population of 6,800....
and Deal
Deal, Kent
Deal is a town in Kent England. It lies on the English Channel eight miles north-east of Dover and eight miles south of Ramsgate. It is a former fishing, mining and garrison town...
in Kent
Kent
Kent is a county in southeast England, and is one of the home counties. It borders East Sussex, Surrey and Greater London and has a defined boundary with Essex in the middle of the Thames Estuary. The ceremonial county boundaries of Kent include the shire county of Kent and the unitary borough of...
, and of Justice of the Peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
(J.P.) for Gloucestershire
Gloucestershire
Gloucestershire is a county in South West England. The county comprises part of the Cotswold Hills, part of the flat fertile valley of the River Severn, and the entire Forest of Dean....
. He resigned his position as recorder in 1905 and was replaced by Patrick Rose-Innes.
Publications
Muir Mackenzie was joint editor of "Wilson's Supreme Court of Judicature Acts and Rules" published in 1900. His other publications included:- Bills of Lading: a handbook (1881)
- Index to the Rules of the Supreme Court (1883) (Joint author with Mackenzie Dalzell ChalmersMackenzie Dalzell ChalmersSir Mackenzie Dalzell Chalmers KCB CSI , judge and civil servant, was Parliamentary Counsel to the Treasury, a Judge of the County Courts and a Law Member of the Viceroy's Council in India. He was also Permanent Under Secretary of State of the Home Office from 1903 to 1908.His mother was Matilda,...
) - The Supreme Court Funds Rules (1884) (Joint author with Charles Arnold White)
- The Companies Winding-up Practice (1890) (Joint author with Charles John Stewart)
- Company Law: An Abridgment of the Law Contained in the Statutes and Decisions (1893) (Joint author with Edward Arundel Geare and Gawayne Baldwin Hamilton) (Re-published December 2010)
- The Parliamentary and Local Government Registration Manual (1897) (Joint author with Sydney George Lushington)
- The Bankruptcy Acts, 1883 to 1890 (1902)
- The Public Trustee Act, 1906, with rules, fees and official forms (1908) (Joint author with Kenneth Muir Mackenzie and Charles John Stewart)
- The Parliamentary and Local Government Registration Manual (1909)
- Notes on the Temple Organ (1911) (Joint author with Edmund Macrory)
- The Bankruptcy Act, 1914, and the Deeds of Arrangement Act 1914 (1915) (Joint author with Francis Aubrey Clarke)