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some twelve hours in the whole, in the most forcible, in the clearest, and in the most satisfactory light. It was the mercantile part of the case, the integrity of the accounts, some questions of usury, the nature of the relations between this country and England, in regard to exchange, and the financial rules which regulate dealings in exchange— the whole question of commercial accounts and mercantile usage: and he presented every thing regarding them with a fullness of knowledge, not only of mercantile and general law, but of the financial history of the time, in such a manner that it left none of us the slightest doubt of the success of the cause in that particular.

He was subsequently engaged, as I believe has been already mentioned, in what is known as the Barthrop Will Case. Having been present when he made a portion of his argument, and having gone over the same ground as his substitute in the case, after his health failed him, I may be permitted to say that there the reputation acquired by him was not only not lessened, but increased. It involved the entire doctrine of charitable uses, an inquiry into the civil and ecclesiastical law, as well as the common and statute law of England and of this state; and he made himself master of the subject. Happy will he be who represents the same interest, when the next discussion shall take place, if he can approach to the power and success of the argument which William Kent presented when the cause was in his hands.

And now, Mr. President, nothing is left us but the melancholy duty of paying our tribute of respect to the memory of a good and great man. He has suffered in contrast with his father, having, as has been said, had the misfortune (and in some respects it is a misfortune) of "inheriting a great name." Doubtless, it has its advantages-the advantages of early association-of imbibing, from such a father, day by day, and week by week, almost insensibly, the knowledge which he possesses, and which he willingly pours forth for the benefit of his son. But it has also its disadvantages. If he had been the son of one less distinguished he would, doubtless, have shone with a greater lustre.

It has been said, in reference to meetings of this description, that they are almost entirely eulogistic. In some sense the remark is a true one; but it would be difficult, if not impossible, to select the person who, in reference to him whom we now mourn, would suggest any fault in his character, except that which is common to every one, as a portion of the lot of his humanity.

Happy should we all be that he was one of our number-happy may any Bar be, that has among its members such a man as WILLLAM KENT!

Ex-Recorder TILLOU said:

May I add a few words to the memory of this excellent man? I knew him for many years. I held for him sentiments of respect and admiration. All that has been, on this occasion, said of him, is true. He was, really, a gentleman of many virtues, of extensive learning, of extraordinary abilities. Yet in the picture of his character, which has been so eloquently presented, all its hues and blendings may not have been fully delineated.

His qualities of mind, of thought, of feeling, of judgment; his refined delicacy and sensibility; his modesty; his good sense, and his devotion to truth and fidelity, shone forth in his conduct and his actions. While his talents, his industry and erudition, produced admiration-his kindness of heart, his gentleness, his benevolence of disposition, and his unvarying and graceful affability, secured to him esteem and affection.

Many years ago, when he was circuit judge, I was officially associated with him, in the court of oyer and terminer. The profound learning in criminal law which he then displayed, the ready promptness with which he applied legal principles and decided important questions, and his easy reference to authorities, manifested, as it seemed to me, a rare accuracy of memory and judgment. But, more than these, the candor, compassion and impartiality, the dignity and the uniform suavity with which he presided, compelled respect and attachment. Even the condemned were disarmed of all sense of injustice by his gentleness and kindness.

It is said that the education of Judge Kent, his training, and the good influences which were around him, essentially contributed to form his character. So far as this is applicable to his mental acquisitions, his habits, his professional pursuits, and the direction of his literary tastes, it, no doubt, is true; but his amiable disposition, his affability, his gentleness and pure impulses, were gifts of nature which no art could create, no training could bestow. From these flowed the grace and beauty of his manner; from these, his power over the hearts of others.

It is related of Petrarco, that, upon the trial of a case, he was summoned as a witness, and after the examination of the other witnesses he was called, and that on his offering to be sworn, the magistrate shut the book, and said, "No, Petrarco, your word is sufficient." However questionable may have been the legality of the act, this public homage to that distinguished man was a high honor. Ages have passed, and yet the record of it remains; generations have read

it; ages and future generations will come, and still the record will be read, and the great virtue of truth will, for all time, be known as one of those of which that fascinating poet and scholar was possessed. And this high quality belonged also to Judge Kent: he was its votary, its worshipper, its practiser; he was tenacious in his strict adherence to it, in spirit as well as letter, and therefore was candid in all his statements: no suppression of a fact, no equivocation, no vague, ambiguous statements, would be tolerated by him; the truth he regarded as the basis of honor.

Judge Kent, in his friendships, was fervent, constant and unfaltering, as is verified by all those who stood in that relationship to him. On an occasion similar to this, (the decease of his friend, Judge Edwards,) in this same room, he pronounced a eulogy to the memory of the deceased, eminently impressive and eloquent-long remembered for its elegance and its taste, and for the deep and exquisite feeling which he then manifested.

Again: Judge Kent was not only eminent as an advocate, but as chamber counsel. And herein he was not only a legal adviser, but also a pacificator. Not only did he place before his client a legal view and exposition of his rights and remedies, but presented to him also a statement of the consequences of litigation, whether successful or unsuccessful, and candidly advised him what was best for his interests, his comfort, or his reputation: his advice was that of a kind friend, as well as counsel.

He was opulent in all that is opulent. He was wealthy in mental acquisition, in a vast store of learning, in a multitude of happy recollections, and in the respect, friendship and attachment of the good, the virtuous and the talented. He was pure in mind, in thought, in impulse. His was an uncommon union of great virtues and great abilities. His life is now a vision of the past—but one which presents a beautiful and interesting episode in human history

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3. Where an infant defendant, at the
time of the commencement of an ac-
tion for partition, resided in the state
of California, and an order for the ser-
Ivice of the summons upon her, by
publishing the same, was granted,
upon an affidavit which did not show
that the residence of the infant was
unknown to the plaintiff, and could
not with reasonable diligence be as-
certained; it was held that the infant
defendant was not properly served
with process, so as to give a good ti-
tle to a purchaser at a sale under the
judgment or decree of partition. ib

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2. Such an action is brought in time,
if commenced while the assignee
has yet in his hands, unappropri-
ated, moneys belonging to the trust,
which it is the object of the action
to reach.
ib

See

ASSIGNMENT, 2, 3,

BANKRUPTCY.

9.

DEBTOR AND Creditor, 5, 6.
PEWS.

TAXES AND ASSESSMENTS.

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1. In February, 1858, V. leased to S.
a dairy farm, with the cows and all
the fixtures and dairy implements
thereon, for the term of two years
from the 15th of March then next,
at the annual rent of $300, to be
paid on the 1st of December. The
lease contained this clause: "And
it is further agreed that the said
$300 shall be paid by the party of
the second part, as much earlier
than the 1st day of December as
the products of said farm can be
marketed, to advantage. And it is
further covenanted and agreed be-
tween the parties that all the pro-
duce and products of the farm and
cows that shall be raised and made
each year shall be and remain to be
the property of the party of the first
part, until the sum of $300, rent of
each of said years above mentioned
shall be paid and said repairs of
said year shall have been made, and
until all the conditions of this lease,
of said year, shall have been fulfill-
ed. And said S. shall have no right
to sell or dispose of any of such pro-
ducts without the consent of said V.,
who shall be present to receive the
money, until the above rent shall
have been fully paid for said year,
and all other stipulations and con-
ditions herein contained, fulfilled.
Said S. is to have the right to milk
and butter for the use of his own
family, and no more, till said rent
is paid and all other stipulations
and conditions for said year fulfill-
ed." Held that the expected pro-
ducts of the dairy and the farm were

the subjects of a grant, as being po-
tentially in existence, and within
the power of the lessee, at the date
of the lease; and that the grant to
V. was absolute and perfect when
made, vesting the property in the
grantee the moment it should come
into existence, Van Hoozer v. Co-
ry,
9

2. Held also, that the transfer of the
products and crops to V. was abso-
lute, and attached to such products
and crops as they came into exist-
ence, and V.'s title could only be di-
vested by the payment of the rent.
That such transfer gave to V. the
right of immediate possession, not
only as against the lessee, but a-
gainst all claiming through or under
him.
ib
3. Held further, that taking the whole
contract together, it was evidently
the design that the property in the
produce of the farm should be in V.
and not in S., until the payment of
the rent; and that the contract, as
thus interpreted, was not illegal or
unreasonable, nor within the rule
which prohibits the selling or mort-
gaging of property not in existence,
or not owned, at the time, by the
vendor or mortgagor.
ib

4.

The plaintiff was employed by G. to
build, for one S. a machine for crush-
ing ore; S. having previously ar-
ranged with D. & Co. to pay for the
same, and the plaintiff looking to D.
& Co. for payment, and commenc-
ing work upon the machine. Sub-
sequently D. & Co. refused to pay for
the machine, and the plaintiff, on
being informed of such refusal, de-
clined proceeding under his con-
tract; whereupon the defendant
promised, verbally, that if the plain-
tiff would go on and complete the
machinery, he, the defendant, would
pay for it; Held that this was not
an agreement to pay the debt of
another, nor within the statute of
frauds. Quintard v. De Wolf, 97

5. Held also, that the first contract was
rescinded and terminated, for all
purposes, upon the plaintiff's de-
clining to proceed further with the
same; and consequently the agree-
ment of the defendant was not col-
lateral, but an independent and orig-
inal agreement, and as such was
valid and binding.

ib

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