Notes and Queries, Number 21, March 23, 1850Various
History
Notes and Queries, Number 21, March 23, 1850
Various
Questions and answers -- Periodicals
"Sir Joseph Jekyll, when Master of the Rolls, in the year
1730, remarks--'I am satisfied the usage of passing Acts of
Parliament for the taking upon one a surname is but modern;
and that any one may take upon him what surname, and as many
surnames, as he pleases, without an Act of Parliament.' The
decree in the above case was reversed in the House of Lords."
Mr. Markland adds,--
"From the facts and deductions here stated, it would seem
that the Master of the Rolls had good ground for making his
decree. The law, as it stands, however, had grown out of the
_practice_: and common prudence dictates, that the assumption
of a new surname should now be accompanied by such an
authority as may establish beyond all question the legality of
the act."
It must also be remembered, that a testator often directs that a
devisee shall procure the royal license or an Act of Parliament
for the change of name, in order to entitle him to the testator's
property. If this direction be neglected, could not the party next
benefited sue for it on that ground, and with success?
S.D.D.
_Change of Name_ (No. 16. p. 246.).--The doctrine, that a person
may change his surname without any formality whatever, has long
been "settled," and is by no means of so recent a date as your
correspondent supposes, which will presently appear.
In _Coke upon Littleton_, after some observations as to the change
of Christian name at confirmation, it is stated--
"And this doth agree with our ancient books, where it is
holden that a man may have divers names at divers times, but
not divers Christian names." (Vol. ii. p. 218. ed. 1818, by
J.H. Thomas.)
Reference is made to _Acc. 1 Com. Dig._ 19, 20., "Abatement" (E. 18,
19.); _Bac. Abr._ "Misnomer," B.; Rex _v._ Billinghurst, 3 _Maul.
& S._ 254.: but these passages throw no additional light upon our
immediate subject.
Sir Joseph Jekyll, in the case of Barlow _v._ Bateman, in 1730,
said,--
"I am satisfied the usage of passing Acts of Parliament for
the taking upon one a surname is but modern, and that any one
may take upon him what surname, and as many surnames, as he
pleases, without an Act of Parliament." (3 Peere Williams,
65.)
The decision of the Master of the Rolls in this case was afterwards
overruled by the House of Lords; but on a point not affecting the
accuracy of the observations I have quoted.
Lord Eldon, in the case of Leigh _v._ Leigh, decided in 1808, made
the following remarks:--
"An Act of Parliament, giving a new name, does not take away
the former name: a legacy given by that name might be taken.
In most of the Acts of Parliament for this purpose there is
a special proviso to prevent the loss of the former name. The
King's licence is nothing more than permission to take the
name, and does not give it. A name, therefore, taken in that
way is by voluntary assumption." (15 Ves. Jun., p. 100.)
Public-domain text, read in full here on John Shaqi.
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