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It remains only for the Editor to mention, that the present edition has been prepared by him, with the full and equal co-operation of his friend Dorman Bridgman Eaton, Esq., who has recently become a resident of New York; and whose learning and talents must hereafter, in their independent exercise, become manifest to the profession.

WILLIAM KENT.

NEW YORK, May, 1851.

ΤΟ

WILLIAM JOHNSON, Esq.

DEAR SIR,

IN compiling these volumes, (originally intended, and now published for the benefit of American students,) I have frequently been led to revisit the same ground, and to follow out the same paths, over which I have so often passed with you as a companion to cheer and delight me.

You have reported every opinion which I gave in term time, and thought worth reporting, during the five-and-twenty years that I was a Judge at Law and in Equity, with the exception of the short interval occupied by Mr. Caines's Reports. During that long period I had the happiness to maintain a free, cordial, and instructive intercourse with you; and I feel unwilling now to close my labors as an author, and withdraw myself finally from the public eye, without leaving some memorial of my grateful sense of the value of your friendship, and my reverence for your

character.

In inscribing this work to you, I beg leave, sir, at the same time, to add my ardent wishes for your future welfare, and assure you of my constant esteem and regard.

JAMES KENT.

PREFACE

TO THE FIRST VOLUME OF THE FIRST EDITION.

HAVING retired from public office in the summer of 1823, I had the honor to receive the appointment of Professor of Law in Columbia College. The trustees of that institution have repeatedly given me the most liberal and encouraging proofs of their respect and confidence, and of which I shall ever retain a grateful recollection. A similar appointment was received from them in the year 1793; and this renewed mark of their approbation determined me to employ the entire leisure, in which I found myself, in further endeavors to discharge the debt which, according to Lord Bacon, every man owes to his profession. I was strongly induced to accept the trust, from want of occupation; being apprehensive that the sudden cessation of my habitual employment,1 and the contrast between the discussions of the forum and the solitude of retirement might be unpropitious to my health and spirits, and cast a premature shade over the happiness of declining years.

The following Lectures are the fruit of the acceptance of that trust; and, in the performance of my collegiate duty, I had the satisfaction to meet a collection of interesting young gentlemen, of fine talents and pure character, who placed themselves under my instruction, and in whose future welfare a deep interest is felt.

Having been encouraged to suppose that the publication of the

1 I was appointed Recorder of New York in March, 1797, and from that time until August, 1823, I was constantly employed in judicial duties.

Lectures might render them more extensively useful, I have been induced to submit the present volume to the notice of students, and of the junior members of the profession, for whose use they were originally compiled. Another volume is wanting, to embrace all the material parts of the Lectures which have been composed. It will treat, at large, and in an elementary manner, of the law of property, and of personal rights and commercial contracts; and will be prepared for the press in the course of the ensuing year, unless, in the mean time, there should be reason to apprehend that another volume would be trespassing too far upon the patience and indulgence of the public.

NEW YORK, November 23, 1826.

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