New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-08
THE Law OF PROPER NAMES.

This is q curious subject. But what IL perhape
most remarkable about it is, that it has never
been clearly settled BY legislative enactmena or
judicial decisions, either in England or the United
States Recently however, it sas brought before
the Court of Common Pleas in this city by one
John Shook, an immigrant from Germany or Hol'
land It seems that The name of Shook, IN It's
original lar guage, signifies Pike, and that when the
| bearer Of the name came 70 this country some
years since, thinking the English equivalent more
| eupbenious than bis Teutonic patronJ mic lie EN-
baked in business here under the appellaton OF
Pike. But in process Of time doubts were cast
upon the legality Of this translation, and to set
every thiDg night, Mr. Shook came before the Court
on petition for authority to denomnate himself by
the nsme of bis choice The result is set forth in
the .ubjoined learned and Interesting exposition of
the law or rather of the absence Of law, on the
subject, BY Judge DAILY:
liz the mater Of John sncok for change Of name.
DAILY f. J.-This s an application for an order,
authorizing the petitioner to change his name 10 oonn
Pike.
He sets forth in bis petition tina. Shook Is name OF
German origin, corresponding with the Enghsh word
Pike That some years ago he INTENDED TO apply 10
the Legislature for liberty to change his name, anu
consulted lawyer who advised HIM tha' ne hsd tne
right TO change bis name hin SELL and that sucn aPPn
cation was rot necessary That he accordingly changed
his name TO John Pike and became q member oi
firm in the City Of Syrscuse under the name OF Jonh
Pike & Co., and under that name became, and l.,
known to large number OF ms business Gcqu 1
a, ces and epioys under il business goodwill. That
be cOntemplates entering into copatnership win
gentleman Of this city who oblecs 10 the name Oh
Shook appearing in the business title or pane OF lne
finn and that the petitioner believes TO be for s Pc
cuLisry interest that bis name shoua De
Pike. -,
Under the act of lsi7 Judge Of this Court may
authorize any person of full age resiclng 10 tbs stare
TO assume another name, if the Judge Is sashed Una.
the applicant will derive any pecuniary benefit from as
snmng another name. BY this il is 70 he understood
that the Judge IL TO be udiciay satisfied, upon prop
er proof Smith VS.: Luce, Is ward, @3l tna' sacn
will be the effect if the name is changed. To put
case in point: if estate is left to man by Will npon
condition that be take the name OF the estator, then
il apparent that he wil derive pecnnary beneh' oy
being allowed to assume that name. 10 TINS case the
petoDer merely shows that he believes that 1t EL DE
kr his pecunlaiy interest that his name shodld be
changed to John Pike; but that in my judgment, ls
not sufficient to give me authority under TINS ac 10
order his pane TO be changed. Inc mere poss,o'y
enough The evidence before the Judge must he such
that he can soy udcay that the applicant Will eerve
a pecuniary benefit by assuming another name, or
case il not presented that will entitle the officer to ex
ercse the special jurisdiction conferred by tns act
TIE unes,ion has been asked upon this application
whether he has lot the night to translate DIS name
in the English language and call h1sei Dy the "olu
in English which il equiv NJ TO or OF the same mean
irg a. Shook 1t does rot fall within the sphere OF my
judicial duty TO pass upon that question but a. TINS
application has been mode in good faith and Is very
earnestly pressed baye 70 objection 10 s's.e my
views. The word Shook is not as the applicant sup
poses of German origin nor ia pike expressed IN
Germ an by such word. The word Is Du'ch or REM
ish from 'Snock, signfyiDg pike a species OF h'h-
Uernickss dictionary The meaning OF the ~olu CON
he, nf q nergO
considered ar name it derives its whole sgnihcahce
from the fact that il is the marx or tade'a by when
he is known. -.
indicating the persons who bear them; and az ds'g,
natio nersond It makes diieren 70 should the WORD
or name performing that Office, Is Is frequently tne
case be also word for expressing SOMETHING e!se
Az the proper lawful names OF persons Is SUBJECT
To which legal writers have paid but little attention. II
will be necessary to examine the state OF the law re-
spectipg it, As have said, man name is the marx
or indica by which he is distinguished IRON other
men. BY a practice now almost universe among
civilized nations it is composed of his Christian or
given name and his surname. The one Is the nsme
given to him after bnth or at baptism; the otpei tuo
nstror ymc derived from the common name oil ms
psrenis In the Of ilegitinates, they take the
name or design stion they have gained by repuston
lRsy agt. Smith, G. & =. l5i; Ray agt CiHk,
X c. c. 1851 The Christian, or first paine Is, IN
the law. debomiua.ed the proper name, and party
can have but one for middle aided names are not
regarded Is ate sgt. Martin 10 Mis-. 39l; Edmonston
agt. The State II Ala 1si Meh1y aSt, s sS Sl5
Franklin sgt. Tsllmadge, John H. 6i Formerly
the Christian name was he important OF the two.
Special heed" says Coke, is to be taken OF the
name of baptism, as man cannot nave TWO
though LIE may have divers surnames Coke Lut.
g. 1ml Indeed snciently in England there was but
one name for sunames did not come into use until the
middle Of the fourteenth century, and even down 70 tue
time of Elizabeth they were not coIslaerea ., con,
Britton ssi. Wrghtman, Poph So speaking OF grants,
declares that "the law not precise in the case oil
surnsnes, bu. fol- the Christian name ne says, tis
| ought always 10 be perfect And throughout lhe
eafly re ports the Christian name formy referred
| as the most certain mark oil the denny
| of the individual in all deeds or Instruments.
Greater i'll portsnce being attached TO the Christian
name rose from the that the designation
conferred by the religious rite of baptism while ne
surname Was frequently chance appeliatlon assumed
BY the individual HIMSELF or gwen 10 nun oy olneI
for some marked characteristic, such a. ms mental
moral or bodily qualities; come peeundrity or 1eieS'
or for some act he had done which attached " hls De-
| scendants while sometimes it did not. camden Ieh
| tions an instance Of knight III Cheshire each vi
| whose cons took different surnames, while ther sons
in turn also took different names IRON tler lahei:
They altered Their names, he Gays, IN respect TO hao
tation TO Egerton Cotgrove, aud Overflow IN respect
TO color to Cough, which is red; In respect 10 earh
ipg to ken-oarke IA knowing clerk OF learned lluI
in respect 10 quality, to Good man; IN respect 10
stature 10 Richard Little and IN respect 10 inc 0ur
tian name of the father of of them TO kichsiu
| SON. though all were descended from iIlaui beeVaru
and the gel emen of Cher hire, he adds, bearing tes
different family Names would not easily believe that
thew were all the descendants of one man, were it not
| for an ancient roll which Camden saw iCamdens Re
airs, ed Of 1857, D. lill; and Lord Coke refers 70
the Year Books to show that man may nave Gi'eIs
| nance, that is surnanes, at divers times COKE,
| Lit, 3, al TIE insuiiciency of the Christian
rame to distine uish the particular individual,
| led necessarily to the giving of surnames,
and man was distinguished i'll addition to his