ld scarce avoid understanding his simple and lucid
explanations of legal principles. One series of his lectures on "The Law
of Contracts," has just (1846,) been published[6] _verbatim_ from his
MSS. as they were delivered, and fully justifies the opinion here
expressed. He never designed them for publication, but solely for
delivery to the attorneys' and solicitors' clerks, for whom the
lectureship was founded; yet it is doubtful whether there be any book
extant in which the difficult and extensive subject of contracts is,
and that within the space of ten short lectures, comparably treated. The
most youthful student, with only moderate attention, can acquire from
it, in a short time, correct general notions calculated to be of
infinite service to him, while able practitioners will regard it as at
once concise, accurate, and practical, and evincing a thorough mastery
of the subject in all its branches. In the words of his editor, "The
lectures embody the chief _principles_ of that branch of the law, and
will be found equal to any of the former productions of the author for
that clear, concise, and comprehensive exposition of his subject, which
has characterised his works, and ensured the vitality of his reputation;
popularising a branch of law which peculiarly affects the ordinary
business of life; divesting it of the superfluities with which it is
often encumbered; educing the great maxims, and broad rules by which it
is moulded, and unravelling the perplexity in which an occasional
conflict of judgments had from time to time involved it." I am not aware
that Mr. Symonds had any personal knowledge of Mr. Smith, so that the
more valuable is his concluding eulogium,--"That the profession already
ranks him as among the most gifted of its writers, and most learned of
modern lawyers." As an example of the ease and precision with which he
elucidated the most difficult subjects, and brought them to the level of
youthful capacities, I select the following brief passage on a most
practically important subject, that of the "consideration" essential to
support a valid simple contract, according to the civil law and that of
England.[7] After explaining the doctrine of "_Nudum pactum_," he thus
proceeds:--
[6] In one vol. 8vo, pp. 386, Benning & Co. Fleet Street,
accompanied by Notes by Jelinger C. Symons, Esq. Barrister-at-Law.
[7] But not that of Scotland. Bell's Princip. Law of Scotland, p. 4,
(4th Edition.)
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