Montague Muir Mackenzie

Montague Johnstone Muir Mackenzie (29 September 1847 – 18 April 1919)^[1] was a Scottish barrister, legal writer, and Official Referee of the High Court. A bankruptcy specialist, he had a reputation as being "the bankruptcy attorney-general". In his youth, he was a keen sportsman and played football for Scotland in the last of the representative matches played in 1872.

Painting by Susan Annie Eliza Muir Mackenzie, 1893-1903

Family and education

Muir Mackenzie was born on 29 September 1847, the eighth of ten children of Sir John William Muir Mackenzie, Bt.^[2] and his wife, Sophia (née Johnstone).^[3] He was the younger brother of Kenneth Muir Mackenzie, 1st Baron Muir Mackenzie.^[4] He was baptised on 29 October 1847 at Caputh in Perthshire, close to the family home at Delvine.^[1]

He was educated at Charterhouse School between 1860 and 1866^[5] before going up to Hertford College, Oxford University. He graduated with a BA degree in 1870 and became a Fellow.^[6]

On 17 August 1888, he married the Hon. Sarah Napier Bruce (1856–1931), daughter of Henry Austin Bruce, 1st Baron Aberdare.^[7] They had one child, Enid,^[8] born on 25 June 1889; she died on 17 November 1952, unmarried.^[9]

Sporting career

During his time at Charterhouse, Muir Mackenzie was a regular member of the school cricket XI between 1864 and 1866 often playing alongside his brother Kenneth.^[10] 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.^[11]

He also played football for Charterhouse, being listed in their team in 1865.^[12] He was selected to represent Scotland in the last of the representative matchesplayed against England on 24 February 1872.^[13] Muir Mackenzie played in goal for part of the game, alternating with Charles Nepean;^[14] the match ended in a 1–0 victory for the English, with a goal from J. C. Clegg.^[15] In many present-day databases, Muir Mackenzie is confused with his elder brother, Kenneth, who played for Scotland on 5 March 1870.^[16]

Legal career

Muir Mackenzie was enrolled as a pupil barrister at Lincoln's Inn in January 1869 and called to the bar on 27 January 1873.^[6]

He was a bencher of the Middle Temple^[1] and was a member of the South-eastern Circuit.^[6] 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.^[1] He resigned his position as recorder in 1905 and was replaced by Patrick Rose-Innes.^[17]

Publications

Muir Mackenzie was joint editor of "Wilson's Supreme Court of Judicature Acts and Rules" published in 1900.^[6][18] His other publications included:^[19]

• Bills of Lading: a handbook (1881)
• Index to the Rules of the Supreme Court (1883) (Joint author with Mackenzie Dalzell Chalmers)
• 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)^[20]
• 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)