"In his later years he bore severe affliction with uncomplaining sweetness of spirit. "For him we have only words of praise and affection. In his life an example of whatever was noble and upright he has now passed to his final rest at a ripe age leaving behind him a memory which we shall cherish as an inspiration." Justice Spring, on behalf of the court, made the following reply: "Judge BARKER was a leading lawyer of Chautauqua county before his acces sion to the bench. He had been district attorney of that county and a member of the Constitutional Convention of 1867. In that body of eminent men the abili ties of Judge BARKER were recognized and he was one of its influential members. He served as Justice of the Supreme Court for twenty-eight years and both at Circuit and General Term fulfilled the duties devolving upon him with conspicu ous ability and fidelity. His courtesy, affability and charming personality are fittingly set forth in the memorial presented on behalf of the bar of his county. He was an industrious, painstaking jurist, with a high conception of his judicial duties. He looked primarily for the right in every case and bent every energy to reach a correct result. As Presiding Justice of the General Term he was courteous, dignified and attentive to every detail. "As is stated in the memorial presented, he was always cordial to the younger members of the bar, was willing to overlook technical errors in their papers and by valuable suggestions aid in their correction, but quick to condemn trickery or any deflection from the strictest rectitude. He was of lovable, kindly disposition and yet a man of intense convictions and earnestness. Judge BARKER was a country lawyer, but free from provincialism, of broad liberal tendencies, keeping pace with the events of the day and an acute student of public affairs. He detested sham and pretense; was circumspect in his conduct and devoted to the legal profession. The memorial presented will be spread upon the minutes of the court and a copy transmitted to the official reporter for publication in the reports." In Memoriam. Proceedings bad in the Appellate Division, Fourtb Judicial Depart= ment, at the Close of Court, on Thursday, the 17th day of May, 1906, Touching the Recent Death of The Honorable Henry A. Childs, Justice of the Supreme Court of the Eigbtb District. By Mr. J. P. Varnum, president of the Rochester Bar Association: "If the Court please: "I rise to announce formally to this court the death of Honorable HENRY A. CHILDS, a Justice of the Supreme Court for the Eighth Judicial District in this department, who died suddenly at his home in Medina on the morning of yesterday. "Mr. Justice CHILDS had occupied a seat upon the bench of the Supreme Court for a period of more than twenty-two years, during which he has added lustre to the bench and has adorned the administration of justice by qualities of intellect and heart that have commanded the respect and admiration of his brethren of the bench, of the members of the bar of this department, and of the public which he served. "By his conduct in the discharge of all his judicial duties he gained and has held, without interruption, the esteem and the affection of all who were brought into official or personal relations with him. He was eminent as a judge; as a man he was admired and loved. "It seems fitting that upon his death such action should be taken by the bar of this department and by this court as shall evidence and record the estimation in which he is held by them and pay to him that tribute of honor and respect he so well deserves, for duty ably, faithfully and conscientiously done. I, therefore, move that this court cause to be placed upon its records such memorial of the late Mr. Justice CHILDS as it shall be pleased to direct, and take such other action as it shall deem appropriate." Mr. Joseph W. Taylor, of the Rochester bar, seconded the motion of Mr. Varnum in the following language: "In seconding Mr. Varnum's motion, I wish to add a few words upon the death that has made occasion for it. 929 "Death, the most inevitable fact of human experience, attracts but little attention, causes but little comment, save when it comes to those who occupy some conspicuous place in some large field of human activity. In such instances it is fitting that tribute be paid to, and that record be made of the estimation in which those distinguished dead were held by their associates and contemporaries. "This surely was such an instance. Judge CHILDS was an able, fearless, upright judge. Above and beyond that, he was a courageous, resolute, manly man. He performed admirably the duties of his exalted office. No taint or blemish ever marred his official fame. He performed equally well the multifarious but less conspicuous duties of life. He, doubtless, had his infirmities; who has not? They, however, as is right, will soon be forgotten; but by his virtues, his high character, his lofty ideals, he has erected for himself an enduring monument and set a standard beyond the reach of all save those molded in the same manly form. For the thoughts, the words, the deeds of such men as he there is no death. The sphere of their influenee goes on, widening forever. They bad, they blossom, they bear fruit from age to age." Whereupon, Presiding Justice MCLENNAN, in behalf of the court, said: "Each member of this court was greatly shocked to learn of the death of Justice CHILDS, of which formal announcement has just been made. "We think the suggestion eminently proper and fitting that a minute should be entered upon the records of this court expressive of the high regard in which the deceased was held by his associates and by the bar of this judicial department. "Justice HENRY A. CHILDS died at his home in Medina on the morning of May 16, 1906, in his seventieth year. He had served as a justice of the Supreme Court for nearly a quarter of a century, and as such he was best known. In the discharge of the duties of that office he has reared a monument unto himself enduring as time, and which proclaims his greatness more forcefully than can any words. He indeed was a great lawyer, a great judge, a great man-independent, fearless, honest, genial, helpful, lovable. Appropriate indeed that the bar of this judicial department should pay a tribute of respect to the memory of such a man. "Each member of this court mourns the death of a dear and greatly beloved friend. "This minute will be entered upon the records of this court, together with the remarks of Mr. Varnum and Mr. Taylor, and as a further tribute of respect to the memory of our deceased brother, this court will be adjourned until Monday next." INDEX. ABANDONMENT. Of husband or wife. See HUSBAND AND WIFE. ACCIDENT. Insurance against. See INSURANCE. Resulting from negligence. See NEGLIGENCE. ACCOUNTING. Corporate bonds when president of corporation has sufficiently accounted for Mechanic's lien on public improvement - undertaking to discharge lien may Matter of Hudson Water Works, 860. Municipal corporations - condemnation proceedings for street opening in city Matter of Commissioner of Public Works, 285. Municipal Court of New York-order opening default not reviewable on Wendin v. Brooklyn Heights R. R. Co., 390. APPOINTMENT. Power of. See POWER. APPRAISEMENT. Of value of stock. ARREST. Action for goods obtained by false representation-when right to arrest may ASSAULT AND BATTERY. Evidence of what plaintiff's daughter, not present at assault, said to one joint Tracey v. Reid, 396. ASSESSMENT. For municipal works. See MUNICIPAL CORPORATION. For the purpose of taxation. See TAX. ASSIGNMENT. Sale-conversion - secured debt sold as worthless by assignee for benefit of Flynn v. Smith, 870. Injunction pendente lite-when assignee of lease entitled to injunction to Goldman v. Corn, 674. - Deed-action to set aside conveyance and assignment made by devisee — macy and title of grantor. Cramsey v. Sterling, 568. To be void if note given as consideration therefor is not paid - rights of second Geneva Mineral Springs Co., Limited, v. Steele, 706. Measure of damages when mortgagee assigns part interest in bid before loss by Uhlfelder v. Palatine Insurance Co., Limited, 57. Parol assignment of written contract - when assignee can recover thereon- St. Regis Paper Co. v. Page Lumber Co., 108. Of mortgage. See MORTGAGE. ASSOCIATION. - Negligence-membership corporation liable for personal injuries received Beecroft v. New York Athletic Club, 392. See CORPORATION. For insurance. See INSURANCE. ASSUMPTION OF RISK. See NEGLIGENCE. ATTORNEY AND CLIENT. 1. Contract for contingent fee sustained-evidence. Clients who after retaining |