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
Constant use of a name is said to impart some element of right to
the name so used, but unless the deed poll is brought into operation,
one might reasonably suppose the name in question to be subject to
attack as an _alias_. Writers are given to the assumption of the
_nom de plume_. Beaumarchais, the hardy author of _Le Barbier de
Seville_ and _Le Mariage de Figaro_, was originally Caron by name,
but there is reason to believe that he became “De Beaumarchais”
by legal process. Some people even suggest that “Shakespeare” was
an _alias_ for Bacon! Many instances have occurred where writers,
distinguished and otherwise, have adorned their work with fictitious
names. Modern examples pass through one’s mind in dozens, but the
persons forming them have not gone to the extremity of using their
_noms de guerre_ in private life. Sometimes two people, prominent
in different spheres, bear the same combination of names, where the
names are not particularly commonplace. There is a novelist, of some
reputation in America, who like the present Home Secretary, is known as
Winston Churchill. As the Home Secretary’s “Winston” is derived from an
ancestress who married into the house of Marlborough, it is difficult,
without guidance, to see how the American novelist derived _his_
“Winston,” for “Winston” is said to be his name.
Juggling with names should be made a punishable deception. There are
exceptional circumstances, already roughly outlined, which warrant the
legitimate assumption of a name, justly celebrated, perhaps, where
it is represented in the blood.[27] Cases of the kind do not come at
all within the intention of these remarks, which are directed against
foolish or fraudulent persons who have no colourable right to the
names they assume. These offenders should be properly labelled by the
law, and not by the vagaries of aspiring imaginations or criminal
subterfuges.
FOOTNOTES
[22] “Application was made at Clerkenwell, to-day, for process against
a man calling himself ‘Viscount Mackenzie,’ for deserting his wife
and for obtaining credit by false pretences from his landlady, Mdme.
Gabrielle Suffolk, of Ampthill Square, St. Pancras.
“It was stated that the man had represented himself to be ‘Viscount
Mackenzie, of Mackenzie, in Ross-shire, Duke of St. Omars (a
surgeon-general in H.M. Army).’
“Mr. Bros heard the wife first.
“‘Viscountess Mackenzie,’ as the landlady called her, said she was
married to the man on January 7th, and he left her ‘four weeks to-day.’
“_Mr. Bros_: ‘Do you know his address?’--‘No, sir.’
“_Mr. Bros_: ‘Then I’m afraid I cannot help you.’
“The magistrate then called the landlady.
“She said she knew the man as ‘Viscount Mackenzie,’ and the wife as
‘the Duchess.’
“_Mr. Bros_: ‘You didn’t believe that, did you?’
“_The landlady_: ‘He said he was a surgeon-general in H.M. Army, and
would get his pension at the end of the month.’
Public-domain text, read in full here on John Shaqi.
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