Portrait of Montague Johnstone Muir Mackenzie

Montague Johnstone Muir Mackenzie (29 September 1847 – 18 April 1919) was a Scottish

barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...

and

legal writer Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and Brief (law), briefs. One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another ...

. 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 Kenneth Augustus Muir Mackenzie, 1st Baron Muir Mackenzie, (29 June 1845 – 22 May 1930) was a British barrister, civil servant, and politician. Background and education Muir Mackenzie was a younger son of Sir John Muir Mackenzie, 2nd Baronet, ...

. In his youth, he was a keen sportsman and played

football Football is a family of team sports that involve, to varying degrees, kicking a ball to score a goal. Unqualified, the word ''football'' normally means the form of football that is the most popular where the word is used. Sports commonly c ...

for Scotland in the last of the representative matches played in 1872.

Family and education

Muir Mackenzie was born on 29 September 1847, the eighth of ten children of Sir John William Muir Mackenzie 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 (God having given, I gave) , established = , closed = , type = Public school Independent day and boarding school , religion = Church of England , president ...

between 1860 and 1866 before going up to

Hertford College, Oxford University Hertford College ( ), previously known as Magdalen Hall, is a constituent college of the University of Oxford in England. It is located on Catte Street in the centre of Oxford, directly opposite the main gate to the Bodleian Library. The colle ...

. He graduated with a BA 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

cricket Cricket is a bat-and-ball game played between two teams of eleven players on a field at the centre of which is a pitch with a wicket at each end, each comprising two bails balanced on three stumps. The batting side scores runs by striki ...

XI between 1864 and 1866 often playing alongside his brother Kenneth. In a match against

Marylebone Cricket Club Marylebone Cricket Club (MCC) is a cricket club founded in 1787 and based since 1814 at Lord's Cricket Ground, which it owns, in St John's Wood, London. The club was formerly the governing body of cricket retaining considerable global influence ...

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

for Charterhouse, being listed in their team in 1865. He was selected to represent Scotland in the last of the representative matchesplayed against England on 24 February 1872. Muir Mackenzie played in goal for part of the game, alternating with

Charles Nepean The Rev. Charles Edward Burroughs Nepean (5 February 1851 – 26 March 1903) was an English amateur cricketer and footballer who later became a vicar in the Church of England. As a cricketer he played ten first-class matches for Oxford Universi ...

; 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 A pupillage, in England and Wales, Northern Ireland, Kenya, Malaysia, Pakistan and Hong Kong, is the final, vocational stage of training for those wishing to become practising barristers. Pupillage is similar to an apprenticeship, during which ba ...

Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the 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.) Lincoln ...

in January 1869 and

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 27 January 1873. He held the office of "Bencher" of 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 ...

and was a member of the South-eastern Circuit. He became

Official Referee The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on point ...

of the Supreme Court and held the offices of

Recorder Recorder or The Recorder may refer to: Newspapers * ''Indianapolis Recorder'', a weekly newspaper * ''The Recorder'' (Massachusetts newspaper), a daily newspaper published in Greenfield, Massachusetts, US * ''The Recorder'' (Port Pirie), a news ...

Sandwich A sandwich is a food typically consisting of vegetables, sliced cheese or meat, placed on or between slices of bread, or more generally any dish wherein bread serves as a container or wrapper for another food type. The sandwich began as a po ...

and

Deal A deal, or deals may refer to: Places United States * Deal, New Jersey, a borough * Deal, Pennsylvania, an unincorporated community * Deal Lake, New Jersey Elsewhere * Deal Island (Tasmania), Australia * Deal, Kent, a town in England * Deal, ...

in Kent, and of

Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

(J.P.) for

Gloucestershire Gloucestershire ( abbreviated Glos) 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. The county town is the city of Gl ...

. He resigned his position as recorder in 1905 and was replaced by

Patrick Rose-Innes Patrick may refer to: *Patrick (given name), list of people and fictional characters with this name *Patrick (surname), list of people with this name People *Saint Patrick (c. 385–c. 461), Christian saint * Gilla Pátraic (died 1084), Patrick o ...

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 Chalmers Sir Mackenzie Dalzell Edwin Stewart Chalmers (7 February 1847 – 22 December 1927) was a British judge and civil servant. He was Parliamentary Counsel to the Treasury, a judge of the county courts and a Law Member of the Viceroy's Council in Ind ...

) *The Supreme Court Funds Rules (1884) (Joint author with

Charles Arnold White Sir Charles Arnold White (1858 – 6 September 1931) was a British lawyer who served as the Advocate-General of Madras Presidency from 1898 to 1899 and as Chief Justice of the Madras High Court from 1899 to 1914. Early life and education W ...

) *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)

References

{{DEFAULTSORT:Muir Mackenzie, Montague 1847 births People from Perthshire 1919 deaths People educated at Charterhouse School Fellows of Hertford College, Oxford British legal writers Scotland men's representative footballers (1870–1872) Old Carthusians F.C. players Members of the Middle Temple Men's association football players not categorized by position Scottish footballers Official Referees (England and Wales) Alumni of Hertford College, Oxford