On surnames and the rules of law affecting their change, with comments on the correspondence of the Lord-Lieutentant of Monmouthshire and certain officials respecting a change of surname (Google eBook)

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C.W. Reynell, 1862 - Names, Personal - 88 pages
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Page 39 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 10 - A name,' said Chief Justice ABBOTT, in delivering the judgment of the court, 'assumed by the voluntary act of a young man at his outset into life, adopted by all who knew him, and by which he is constantly called becomes, for all purposes that occur to my mind, as much and effectually his name as if he had obtained an act of parliament to confer it upon him...
Page 11 - 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.
Page 4 - It would lead to perilous consequences if in every case an inquiry were to be instituted, at the hazard of endangering the marriage of a woman, who had every reason to think she was acquiring a legitimate husband, whether the name by which the husband was notified in the banns were strictly his baptismal name, or whether at the period of his baptism he may not have received some other name. What the consequences might be of encouraging such inquiries, as to the avoiding of marriages, and bastardizing...
Page 39 - Declaration be recorded in our College of Arms to the end that our Officers of Arms and all others upon occasion may take full notice and have knowledge thereof.
Page 10 - ... called, becomes, for all purposes that occur to my mind, as much and effectually his name as if he had obtained an Act of Parliament to confer it upon him. We would not be understood to say that where a testator expressly requires a name to be taken by Act of Parliament, or other specified mode, any mode falling short of the specified mode may be substituted for it; or to say, that under this particular will a voluntary assumption of the name after the party became possessed of the estate, would...
Page 2 - If a man be baptized by the na'me of Thomas, and after at his confirmation by the bishop he is named John, he may purchase by the name of his confirmation. And this was the case of Sir Francis...
Page 25 - Such varieties may arise not only from fraud, but from negligence, accident, error from unsettled orthography, or other causes consistent with honesty of purpose. They may disguise the name and confound the identity nearly as much as a total variation would do, in which case the variation is for the very same reason fatal, from whatever cause it arises.
Page 25 - The court will certainly hold against the party that what he intended to be sufficient to disguise the names shall be so considered at least as against him. He can have no right to complain that too strong an effect is given to his act, when he himself intended it should produce that effect. But if the explanation refers itself to causes perfectly innocent, and if it be supported by credible testimony, overcoming all the objections that may be applied against its truth, the court will decide for...
Page 29 - But, secondly, if there be a partial variation of name only, as the alteration of a letter or letters, or the addition or suppression of one Christian name, or the names have been such as the parties have used, and been known by, at one time and not at another ; in such cases the publication may or may not be void : the supposed misdescription may be explained, and it becomes a most important part of the enquiry, whether it was consistent with honesty of purpose, or arose from a fraudulent intention.

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