The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1849-08-24

is mentioned throughout four volumes, but
it could never be understood that this was
the real name, or anything more than an in
ital. Again an author well known TO the
Lord Chief Justice Charles Lamb) wrote a
farce entitled simply Mr.. Fl. but the whole
turns upon this being the initial only Of
name he wished TO conceal. In his pro-
logue to it, he hnmorously says:
when the dispensers Of the public lash,
Soft pcnnnce give ; a letter and dash
When vice reduced in size shriuks TO a failing,
And ooscs hall her progress by curtang,
Eaur pas are told in such a modest way,
The aiIlir Of Col B with Mrs A.,
You must forgive them; for what is there, say, !
Which such plant Vowel must not grant,
To such very pressing Consonant!
Or who poetic justice dares dispute,
When mildly melting at a lovers suit,
The witts Il Liquid, her good man Mute
And he concludes by an appealto the CON
sequences Of this mincing fashion, which,
(said the learned sergeani) I trust will have
weight with your lordships, for he adds -
ooh, should this mncIns fashion ever spread
From names OF living heroes to the dead
How would Ambition sigh and hang the head, |
As each loved syllable should melt away,
Her Alexander turned into great A,
a single her Cesar 10 express,
~
And nick'd and decd TO those new modes Of
Great iannba! himself to Mr.. Il"
The learned sergeant then cited and argued
upon a variety of cases on his side of the
question, and submitted that their lordships
ought to decide in favor of his eixnt,
Mr.. F. Robinson on behalf of the plain
tiff. said he did not deny the right of every
Englishman to be called by every name Civ
Ell him at his baptism; but he submitted
that before he claimed to be privileged on
that account, he must show that his privile-
&c has been invaded. Here it was as,um-
ed throughout that the Nj. in the name of
John NJ. Knott, was an initial letter. but he
believed there were instances in which per-
sons had eeen christened in this remark able
way in this country. lie was told there was
lately bank director who was chris,ened
Edward h. Robinson; but were it other
wise in this country, did it follow that in no
other country, jew, Turk or heather might
not use such names? If, however, it were
an initial letter, why did not his friend APP
ply TO have the right name substituted? If
it were a misdescription, it was pleadable
in abatement. Such a name might origin.
ate from an error Of the clergyman at the
christening.
The Lord Chief Justice s.In the upper
circles of society It's customary to hand in
the name III writing, which prevents mis-
take.n
Mr.. Justice Maule "The practice of the
circles with which lam converzant was, and
| believe is, to give the name verbally.
There was, however, a ccntlempn, the She
riff Of one of the counties | went through on
the circuit. Mr.. John Wanley Sawbridge
Erie Drax, whose name was very probably
handed in" Laughter.
Mr.. Robinson There are many Scotch
and French names, such as M'Dphald,
MTaggart, D'Harcourt, Dllorsey
are such names to be set ont in the plead
iugs? Suppose, again, mans name were
the name of river, as NJ
"Mr. Justice Maule: 'Butthat is not spelt
so; it is idem per idem, y for Elk. Beer,
believe, is somstmes called Y, but not
WATER
"Mr. Robinson: sTherc are some of our
names which aru precisely those Of letters,
as Gee, Jay, Kay, &c.'
"Mr. Justice Mauie: 'Bnt here it is not
SonGnS, but cOnSoRdnS, and cannot be SCUM
ded without other letters
"Mr. Robinson: 'Their lordships should
/
called the Foneiic Nuc, and unless they
meant to give "a heavy blow and great dis
couragcment to that rising science, he hop
ed they would not decide against his client.
Laughter But he had seriously TO submit
that, by demurring to this declaration, the
defendant admitted, according To legal prin
ciples, that his name was that which was
stated in the declaration.'
! "Mr. Justice Creswel referred to and
distinguished this case from the case Of Ro-
beris VS.. Moon, in 5 Term Reports, where a
| plea in abatement OF misnomer, beginning,
'and the said Richard, sued by the name of
| Robert was held bad.
"Mr Justice Msule suggested teatas six.
| ~ five pounds ten shillings depended upon
the question, it would be better for the plain.
/ tiff TO amend
! "Mr. Robinson declined doing o, and con.
tended no case could DO cited directly in
support of tho demurrer, aud therefore that
the court should decide in favor OF the
plaintiff
"Mr. Sergeant Talfourd having briefly
replied.
"The Lord Chief Justice 'The various
stages in the argument in this case have
already discussed and decided. The courts
have decided tina, they will not assume that
a consosaut letter expresses a name, but
they will assume i. expresses an initial only
and they further decided that the insertion
Of an initial letter instead of name is n
ground of demurrer, and irregularity. III
the case Of Nash rs. Collier. this court de-
cided that demurrer TO the declaration
which described the defendants name a,
William Henry w. Collier was not frivol
Gus, and gave n strong intimation, which
the plaintiff had the good sense to attend TO-
| that he ought to amend his declaration
That decision was acted upon by the Court
Of Exchequer in the subsequent case o
Miller rs. Hayes, and it appears TO me The
case is precisely similar to the present
think we must decide in favor Of the de-