On Surnames and the Rules of Law Affecting Their Change: With Comments on the Correspondence of the Lord-Lieutenant of Monmouthshire and Certain Officials Respecting a Change of Surname

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Charles 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 - 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 10 - ... know 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. 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...
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 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 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 - 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 49 - ... her side, my head drooping, and much dissatisfied with myself. At the expiration of a few minutes of this funeral march, the old lady said to me, " Well, Sir, speak, I am waiting. You said that my family was allied to yours, and as an alliance of that kind is an entirely new point in history to me, I shall be much obliged to you if you will be kind enough to clear it up for me.
Page 25 - ... 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 24 - The court has had occasion to observe that it may in some cases be difficult to say what are the true names, particularly in the case of illegitimate children. They have no proper surname but what they acquire by repute ; though it is a well-known practice, which obtains in many instances, to give them the surname of their mother, whose children they certainly are, whoever be their father.

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