The Scotsman/1938/Former Judge, Death of Lord Mackenzie, 17 years on bench

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Former judge
Death of Lord Mackenzie
17 years on bench

We regret to announce the death of Lord Mackenzie, LL.D., a former Senator of the College of Justice, and for many years one of Edinburgh's most respected citizens. After relinquishing his judicial post in 1922 he served on various Committees of Inquiry, for a number of years past health reasons compelled him to live in complete retirement.

His death occurred suddenly at his residence, 47 Heriot Row, Ediburgh.

Charles Kincaid Mackenzie, who was for many years manager of the Commercial Bank of Scotland. He was educated at Edinburgh Academy, at Repton School, and at University College, Oxford where in 1880 he graduated as B.A. with honours. He studied law at Edinburgh University and was called to the Scottish Bar in 1881. He soon acquired a larger practice of the best class. His first advancement came in 1890, when he was first appointed Advocate-Depute in the Sheriff Courts, and in the following year he became extra Advocate-Depute on the Glasgow circuit. He was promoted Senior Advocate-Depute in 1896, a post he held until 1901. From 1892 to 1900 he was counsel in Scotland for the Board of Trade. In 1899 and 1900 he acted as interim Sheriff of Dumfries and Galloway, and in the latter year he also became a K.C. His legal arguments were noted for their thoroughness and clearness, and he stood high in the estimation of both the Bench and his brethren at the Bar. In 1901 he was appointed Sheriff of Fife and Kinross. In 1895 and again in 1900 he unsuccessfully contested Mid-Lark in the Unionist interest.

Courteous and dignified judge

In December 1905, on the resignation of the late Lord Adam, Sheriff Mackenzie was appointed a Senator of the College of Justice in Scotland an office for which it was well recognised in the legal profession at the time, his attainments as a lawyer and experience at the Bar and as Sheriff specially qualified him to occupy. Alert of mind, and ever ready to give counsel appearing hi the benefit of his experience, his work on the Bench was carried through with the most conspicuous success. In his dignified bearing and less than in his unfailing fairness and courtesy, he typified all that was best in a generation of judges which followed upon a not so long previously passed away generation which was not distinguished by these qualities. In the year that have elapsed since his retirement from the Bench the soundness of his judgements has amply demonstrate, and counsel quote his opinions fully confident that they will be treated with the greatest respect by the present occupants of the Bench.

Varied activities

Outside the Court of Session Lord Mackenzie had a wide variety of activities. From 1908 until 1922 he was a member of the Railway and Canal Commission, and from the inception of Red Cross work in Scotland in 1908 until 1923 he was chairman of the Executive of the Edinburgh Branch of the British Red Cross Society. After his retirement from the Bench he presided over the Trawling (Scotland) Committee, 1923; the Hospital Services (Scotland) Committee, 1925 which resulted in an important change being effected in Scottish criminal law; and in 1927 he was appointed a member of the Departmental Committee to inquire into Scottish education indemnities.

He was for many years a member of the University Court of St Andrews of which University he was an honorary graduand. For a long period he was a member of the Board of Management of the Royal Edinburgh Hospital for Incurables. In 1882 he married a daughter of Lord Young. He is survived by Lady Mackenzie. Their only son was killed in the War.

Lord Mackenzie was one of two Oxford survivors of the first inter-University match (four-a-side) against Cambridge, which took place sixty years ago at Wimbledon. The sole survivor now is Mr Alexander Stuart, who was a famous player in his day.