Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
The candidate for change of
name could effect his purpose by deed poll, an easy task involving
no proof of pedigree or gentle birth. Affidavit should, however, be
made that the name chosen, on the plan here suggested, was the name
of such and such an ascendant of the person making the change. This
would be an effort on the part of the law to reduce the system to order
and method. In the case of Russians, Poles, aliens of suggestive and
hideous surname, whatever change of name allowed to them, such change
should conform with their foreign origin. Provision for the infliction
of penalties for disobedience in this connection would help matters in
the right direction. The whole question may seem trivial, but from the
ramifications which spread out from the use of an _alias_ or fictitious
surname, much deception, or fraud, or improper profit almost amounting
to fraud, frequently, if not generally, results. This is stating the
case in a very mild way.
Establishing the identity of an alien in this country should also
be made easier by compelling every such person to produce documentary
evidence of his (or her) identity on landing, and to make such person
subject to interrogation or examination on the point at any subsequent
time. This is a side-issue; still, it is linked to the main question
here raised, namely, the chaotic laxity permitted, or, at any rate,
not prevented, with regard to the change of a person’s name. The
method of the deed poll, as at present applied, though preferable
to the impromptu nomenclature adopted by the criminal classes, is
certainly not above reproach. It allows too much license in the
choice of a name. Change of surname should, as already pointed out,
be restricted to cases where the claim to the new name is at least
colourable, _i.e._, permissible only where the name desired is the name
of an ascendant.[24] If some of these suggestions were carried out,
there would be no more mad hunts for practically anonymous criminals
like “Peter the Painter” and “Fritz,” the suspected murderers in the
notorious Hounsditch fiasco. The wonder is that no one has apparently
yet seized upon the feeble system or absence of system in checking the
rightful names of the inhabitants of these islands. Legislation for
the punishment of persons making an improper use of surnames would be
distinctly useful. There would be fewer Polish “Harrises” and Russian
“Montagues” or, indeed, “Montagus” (less the “e,” for in some cases
this further audacity has been exhibited), in England than there are
to-day. Even the descendants of these august impostors would tremble in
their boots! “Solomon” or “Aaronstein” or “Samuel” would also become
their appearance better in many cases! These remarks, though they
obviously refer to Jews, are not intended to offend respectable Jews
who courageously adhere to the ugly names of their ancestors. The Jew
who says he is a Jew and passes under a name properly associated with
Public-domain text, read in full here on John Shaqi.
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