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 Jewish race calls for no rebuke, nor, indeed, for anything, very
often, except genuine admiration. It is the impostor, great and little,
criminal or merely falsely ambitious, who attracts hostile attention,
with some substantial justification, be it confessed.
With regard to the small fry of the improper hyphen, there is nothing
to be said. Thousands of persons use hyphens who, if they had any sense
of proportion or self-respect, would hastily discard such a laughably
inconsistent sham. Unless a hyphen expresses the legal joining of
two surnames, thus bringing together the pedigrees of two houses, it
conveys nothing but _bourgeois_ affectation and impudence. It is a
feeble fraud at best, scarcely worth condemning. Different causes bring
about the legal use of the hyphen. Sometimes, a rich father-in-law
without heirs male directs by his will that his daughter’s husband
shall, by Royal License, assume the additional surname, whatever it may
be, which becomes extinct at his (the father-in-law’s) death, before
or after his (the son-in-law’s) own name. In this way the hyphen comes
into being, and the name which would have perished is duly kept alive.
At other times, the additional surname of an ancestor, where that
ancestor bore a distinguished name, in the maternal line, is revived
by process of law on the voluntary initiative of the person desirous
of possessing the name. Thus, a person representing in his blood an
historic family through, for example, his father’s mother, may by Royal
License assume his grandmother’s maiden name, the more justifiably
if she was in the nature of an heiress or co-heiress of the house.
The name, of course, may be joined to the existing surname, before or
after, with a hyphen, or it may be taken alone in substitution for the
existing surname.
Reference has been made to the freedom with which a man may call
himself by any name, without legal formality, and to the equal freedom
with which an alien may discard his own name and by deed poll assume
the honoured name of a great English house. (Alas, the Royal Licence
has been used in at least one glaring instance, too!) It has also been
made obvious that such practices should be checked by definite legal
means.[25]
The countries where conscription is customary are well protected
against change of name abuses. Conscription would solve the difficulty
here; but there are ways and means of putting down a most iniquitous
practice, a criminal practice in its intent, more often than not, by
ordinary legislation. Actors and actresses could be exempted because
they do not appear to offend in the sense that the impostors condemned
in the foregoing remarks offend.
Public-domain text, read in full here on John Shaqi.
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