Page:Legal Bibliography, Numbers 1 to 12, 1881 to 1890.djvu/38

 4 SOULE & BUGBEE'S LEGAL BIBLIOGRAPHY. THE CASE OF BETTY JOHN. From a scarce and s'ligular volume by W. Hutton, containing decisions of tlie Court of Requests at Birmingham, we extract the following unique case for the entertainment of our readers : — A plaintiff wished to sue a person in this court, but, not knowing whether the party was male or female, was at a loss by what name to begin. The defendant had been many years known in Birmingham, in the dress and character of a woman called Elizabeth, and had been many years known in the dress and character of a man, who answered to the name of John. The plaintiff, after fruitless inquiries, determined to trap the person, let the sex be what it would, and, therefore, filled up the summons with Elizaheih alias John Hayiuood. Whatever was the gender, the animal appeared in court in a female habit, was rather elegant, of a moderate size, tolerably handsome, about thirty-two, had a firm countenance, and manly step, no beard, eyes susceptible of love, a voice tending to the masculine, with manners engaging, and was rather sensible. A husband was pleaded in bar, and that the court had no power over a wife. The trial continued three or four days, during which the defendant acquired the appellation from the people of Bc/ly John. As it attended the court in female dress, I shall take the liberty of treating it with a feminine epithet. It appeared, from undoubted evidence, that, while she dressed like a man, she was suspected to be a woman; but in both dresses was strongly suspected to be a man. The common opinion of the ignorant was that she was an hermaphrodite, partaking of both sexes. When she carried a male dress, she spent her evenings at tiie public house with her male companions, and could, like them, swear with a tolerable grace, get drunk, smoke tobacco, kiss the girls, and now and then kick a bully. Though she pleaded being a wife, she had really been a husband, for she courted a young woman, married her, and they lived together in wedlock till the young woman died, which was some years after and without issue. She afterwards, like people of higher rank, kept a mistress, and ran away with her. Forcible evidences like these were sufficient to convince the wisest head upon this bench, or any other, that a man in disguise stood before them. Her wife living peaceably with her all her days without one complaint of a breach of the marriage covenant, evinced there was no defect. Neither would a girl sacrifice her reputation by becoming a mistress to a woman in breeches. Besides, a woman receives very little more pleasure in saluting a living woman than a dead one; whereas, a man, like the figure before the bench, seemed to receive a pleasure inexpressible. Her being versed in the art of kicking further proved she was a man, because it is an art never thoroughly understood by the beautiful part of creation, nor has it been practised since the days of Queen Elizabeth. Again, she spoke but little, which was no indication other being a woman. The court, not satisfied she was a wife, and no further evidence arising, entered an order against her. On her neglecting payment she was served with an execu- tion, and committed to prison. Two days after, it appeared from incontestible proof that she was a real woman, and a real wife. RESTRAINTS ON ALIENATION. In the preface to his work on this subject (published this month) Prof. John C. Gray, of the Harvard University Law School, says: — How far the law will allow a man to enjoy rights in property which he cannot transfer, and which his creditors cannot take for their debts, is a question becoming more and more frequent in this country. In 1876 I sliared the surprise, common to many lawyers, at the opinion of the Supreme Court of the United States in the case of Nichols V. Eaton, gi U.S., 716, containing, as it did, much that was contrary to what, both in teaching and practice. I had hitherto supposed to be settled law. Upon in- vestigation I became convinced that the questions raised by that opinion could be satisfactorily solved only by studying as a whole the history and present condition of the law governing restraints on the transfer of property, both voluntary and involun- tary ; and I determined that I would at some time collect the authorities for that pur- pose. The present essay is the result of this determination, the carrying out of which has been delayed by other engagements until now. Begun for my own enlightenment, I publish it as the first attempt, so far as I knov/, to deal systematically with the whole of a legal doctrine, whose development is, I venture to think, in danger of being marred by too exclusive an attention to particular aspects. The book is divided into two parts, under each of which the subjects of Estates in Fee Simple, Estates Tail, Estates for Life, and Estates for Years, are considered separately. An Introduction, a Summary, Appendix, a Table of Cases Cited, and an Index, complete the work. The price of Gray on Restraints on Alienation of Property, in cloth, is $2.50, nd laV sheep or half law calf, $3.00, net. We think it will attract great attention among judges and good lawyers. AN INDISPENSABLE BOOK. We published in April (and have already sold nearly a thousand copies) The Lawyer's Reference Manual of Law Booics and Citations, — a work intended to help lawyers, judges, and students, in using or buying law books, and in tracing out blind citations. It comprises : — I. American Reports (64 pages) : hsts of all the Federal and State reports, digests, and statutes, together with full notes in regard to their editions, &c. II. English Reports (64 pages) : lists of all the English reports, arranged by courts, with condensed notes as to editions, American reprints, etc. III. Irish, Scotch, and British Colonial Reports (36 pages). I^ Index to Legal Literature by Authors (136 pages). V. Index to Legal Literature by Subjects (44 pages, double column). VI. Key to Abbreviations used in law books or reports (156 pages). The usefulness of such a book to every intelligent lawyer does not need demonstration. In regard to its inerits, we cite as follows : — " I have seen no book for years which I deem more valuable to the legal pro- fession. It is one of those rare works which, as soon as one is in possession of it, he regards as indispensable." — Professor Theodore IV. Dwiglit, of N. Y. " It is an invaluable table-book for the profession." — Ho>i. IVilliam F. Cooper, of Tennessee. " I am sure that it will prove of frequent use to every lawyer not of the humblest class at the bar." — 7<)//// William Wallace, of Philadelphia. " The best bibliography of the reports ever published, on either side of the Atlantic." — Professor John C. Cray, of the Law School of Harvard University. " I have long felt the need (as I doubt not every practising lawyer has) of just such a work. It contains more information about law books than any work I know of"— A/". C.Moak, of Albany, N. Y. " We do not think there is a work in existence which so accurately presents the same amount of matter, so well arranged for reference, in the space of 500 pages. The list of abbreviations alone zuill be found of more value than the price of the book." — The American Law Pevieiv, St. Louis. " The author's experience has pointed out to him one of the practical needs of the profession, and his patience and laborious research have enabled him to most admirably supply it." — The Central Law Journal, St. Louis. " It can be relied on for accuracy and exactness, and deserves a place on the desk of every judge and lawyer in the country." — The Northwestern Reporter, St. Paul, Minn. " It is difficult to see how this labor-saving work could have been -made more complete, without impairing its ' desk-book ' character as a ready-reference manual."— Weekly Notes of Cases, Philadelphia. " We are sure that lawyers in active practice, and judges on the bench, will find it invaluable."— The Daily Register, Nezv York. " An invaluable book of reference for lawyers. The information it gives can be got nowhere else. We can cordially recommend it." — 7'he N. Y. Nation. Many of the large libraries have taken several copies of The Reference Manual, — one for each table or alcove ; and, just before this paper goes to press, the Supreme Court of Rhode Island, having tested it by use in the State Library, has ordered one copy for each of the judges' rooms. The price of The Lawyer's Reference Manual is $4.00, net. READING FOR LEISURE HOURS. Among the books on our list of publications there are several which are intended for the amusement and recreation of lawyers. These are Browne's Law and Lawyers in Literature. Fuller's Noted French Trials. Heard's Oddities of the Law. Heard's Curiosities of the L.w-Reforters. With these might rank the pithy humor of Shirley's Leading Cases, and the serious learning of Ross' Early Land-holding among the Germans. A New Admiralty Book. — Wc have recently published a treatise by Hon. M. M. Cohen, of New Orleans, upon Admiralty Juris- diction, Law and Practice. He has had experience at the bar in some of the most important cases which have come before the New' Orleans courts during the last twenty years, and is now the lecturer upon Admiralty in the law school of Straight University. No similar work has been pub- lished since 1870. Price, in law sheep, $5.00, net. The table of contents includes: I. Jurisdiction; II. Salvage; III. Liens other than Salvors; IV. Collision; V. Seamen; VI. Material Men; VII. Practice and Pleading; VIII. Evidence; IX. Trial; X. Decree; XI. Costs and Fees; XII. Appeal; XIII. Appendix of Statutes and Rules, with Notes of Cases, — Index.