Page:Dictionary of National Biography volume 38.djvu/222

 19 May 1798. By Sir James Mackintosh, whose acquaintance he soon afterwards made, and with whom he went the Norfolk circuit, he was converted to political common sense and the study of Bacon. Montagu was also a friend of Dr. Parr, whom he visited at Hatton (cf. a funny story in, Autobiography, p. 261, of his falling asleep in church while Parr was officiating, and being roused by the doctor himself in time for the repetition of the creed with the peremptory command, 'Basil, stand up'). Montagu never became eminent as a pleader, but he gradually acquired an extensive practice in chancery and bankruptcy ; his leisure time he devoted to legal and miscellaneous literary work.

In 1801 he published 'A Summary of the Law of Set Off, with an Appendix of Cases argued and determined in the Courts of Law and Equity upon that subject,' London, 8vo, a valuable treatise on an obscure and intricate branch of the law ; and between 1805 and 1807 compiled 'A Digest of the Bankrupt Laws, with a Collection of the Cases argued and determined in the Courts of Law and Equity upon that subject,' London, vols. 8vo. Appointed by Lord Erskine, 1806-7, to a commissionership in bankruptcy, he at once set himself to reform the bankruptcy law. In 1809 he published 'An Enquiry respecting the Expediency of Limiting the Creditor's power to refuse a Bankrupt's Certificate,' London, 8vo ; in 1810 an 'Enquiry respecting the Mode of Issuing Commissions in Bankruptcy,' London, 8vo, a protest against the bad practice then in vogue of initiating bankruptcy proceedings by means of secret commissions ; and in 1811 'Enquiries respecting the Administration of Bankrupts' Estates by Assignees,' London, 8vo. He also founded in 1809 the Society for the Diffusion of Knowledge upon the Punishment of Death ; published the same year a volume of selections entitled 'The Opinions of different Authors upon the Punishment of Death,' London, 8vo ; and in subsequent years a variety of pamphlets on the same topic, for which see bibliographical note infra. In 1813 appeared his 'Enquiries respecting the Proposed Alteration of the Law of Copyright as it affects Authors and Universities,' London, 8vo ; in 1815 'A Digest of the Law of Partnership, with a Collection of Cases decided in the Courts of Law and Equity,' London, 2 vols. 8vo ; and in 1816 'Enquiries respecting the Insolvent Debtors' Bill, with the Opinions of Dr. Paley, Mr. Burke, and Dr. Johnson upon Imprisonment for Debt,' London, 8vo. 'A Summary of the Law of Lien' followed, and 'Suggestions respecting the Improvement of the Bankrupt Laws' in 1821, London, 8vo ; 'Some Observations upon the Bill for the Improvement of the Bankrupt Laws' in 1822, London, 8vo ; 'A Summary of the Law of Composition with Creditors' in 1823, London, 8vo ; and ' A Digest of Pleading in Equity, with Notes of the Cases decided in different Courts of Equity upon that subject,' in 1824, London, 2 vols. 8vo.

In 1825 he exposed (against his own interest) the ruinous delay and expense involved in the existing bankruptcy procedure in 'Inquiries respecting the Courts of Commissioners of Bankrupts and Lord Chancellor's Court,' London, 8vo ; and in July of the same year gave evidence before the chancery commission, and suggested a radical reform. In 1826 he edited The Evidence in Bankruptcy before the Chancery Commission, with the Report,' London, 8vo ; and in 1826-7 published two 'Letters on the Report of the Chancery Commissioners to the Right Honourable Robert Peel,' London, 8vo. He also published in 1827 'Observations upon the Act for Consolidating the Bankrupt Laws,' London, 8vo ; ' Reform,' London, 8vo (a tract chiefly relating to bankruptcy) ; and in conjunction with Francis Gregg 'A Digest of the Bankrupt Laws as altered by the New Statutes,' London, 2 vols. 8vo. 'Letters on the Bankrupt Laws to Edward Burtenshaw Sugden, Esq.' (afterwards Lord St. Leonards), followed in 1829, London, 8vo ; and in 1831 'The New Bankrupt Court Act, arranged with a copious Index and Observations upon the Erroneous Principle on which it is Founded,' London, 1831, 8vo.

In Trinity term 1835 Montagu was made K.C., and soon afterwards accountant-general in bankruptcy. His tenure of this office, which lasted until 1846, he made memorable by establishing the liability of the Bank of England to pay interest on bankruptcy deposits. In 1837 he published, in conjunction with Scrope Ayrton, ' The Law and Practice in Bankruptcy as altered by the New Statutes, Orders, and Decisions,' London, 2 vols. 8vo ; 2nd edit. 1844. Montagu also published several excellent series of bankruptcy reports, viz. : in conjunction with John Macarthur, London, 1830, 8vo, 1832, 8vo; in conjunction with Scrope Ayrton, 1834-9, 3 vols. 8vo; in conjunction with Richard Bligh, 1835, 8vo ; in conjunction with Edward Chitty, 1840, 8vo ; in conjunction with Edward E. Deacon and John De Gex, 1842-5, 3 vols. 8vo.

To the 'Retrospective Review' Montagu contributed in 1821 two articles on the 'Novum Organum' of Lord Bacon, whose