New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-08-08

niied 10 q particular locsfiy 10 the fourth year OF
the egn Of Edward w., an act vas passed compelling
every lrishnsn that dveh within the English pale
TO take an English surname, and enact'rg that
II should be the Of some town, or OF some color,
a. black or brown Of soe art or occupation, or OF
some Office; which led TO extensive change Of names
in that part Of Ireland as q Don compliance was at
| terd.d with forf.iure Of goods. But, though for
several centuries the practice Of giving assuming
surpsmes vas general II extended little further than
the particular individual of which il was the designa-
ton or marx. His defendant adopted ]. or not al
pleasure, or lie ASSUMED new name HIMSELF or other.
cor fsrrsd upon him come characteristic appeis'ion
which adhered to bin and bis descendants Tnis tGctu'
stion and change, however, was materially arrested by
s,s'ute passed u Henry, V. C. y called the statute
of additions which required not only the name OF the
Individual 10 be iIse,ed in every writ or indictment,
but in addition bis calling, bis estate, degree,
ard the town, hamlet, or place 10 when
lie belonged; and in the reign Of Henry the VIII,
Cromwell, the Secretary Of the Ming, established
repustion by which record required TO be kept
in every parsh Of birhs marriages and deaths aregu-
aion winch in connection With the previous act oPe-
rated 70 check the caprice Of Individuals IN the matter
of their names and 10 tx them rs durable expectations
for every man name thereafter became matter OF
record at his bIrth, bis marriage, and at his death,
and This recording Of such events 10 every family edto
the OF one name 10 deegnste the members OF one
family which tie record served to perpetuate trans
hitting from father 10 son until the practice became
general for all descendants to bear and become known
by the name Of common ancestor But
this Was the work of several centuries,
and even at the present day, in remote
ard spsrsey settled districts Of England and Wales
tie pisctce is not entirely extinct of assuming and
chargirg surnames All, this, it will be seen, was
other than these that have been referred to. Bys
usage efficiently general to be called universal the
bears the nams Of the father and IN turn trans
mts il 10 bis male descendants. Surnsmes, from
their infinite variety, have now become more certain
mark Of identity than the first name for the whole
lumber Of Christian first names now commonly IN
use does not exceed CO. while the directory OF this
c,v exhibits no less than 20 600 varieties Of surDames
II il the mbnstion of the Christian and surname that
DOW marks the INDIVIDUALS identity, and he is dstin
gushed siill more accurately by the use, now very
general Ct middle Dames or initial letters.
But, though the custom is widespread and universal
for all alec bear the of their parents there is
1othing in the law prohibiting man from taking
another name if be chooses. There is no penalty or
punishment fer 30 DOING nor any consequence growing
out of it, except as far As may lead to or cause con-
founding OF biz identity. In some countries II other
wise In France law was passed in the second year
Of the first revoutiop,-L truct,d0r An. H. and
another 70 nit6se an. w., which is still in force
Code, Francais par BourguigHon e Royr-CoHard,
"a and potes. D,ctionnarc de Legislation Uairersdl
par Cha6d-C hameanf, vol: p. 2oo,miProldalng any
than that which is expressed IN me registry oi MS
BIRTH or 10 add any surname to his proper name, put
no enactment Of the kind has ever been passed
in England or in this State, but on the con-
trary there have been many instances IN
which individuals have changed their names and held
Offices Of public frost and become distinguished py
the name they adopted. The poet Maliet may be
c az an lustI alton His father was OF the clan OF
the Maceregors and when that clan was suppressed
and s anne abolished by law in consequence OF the
violent acs of Rob Roy he took the name OF Maiocn,
by which name the con was known nnu ne came 10
London in bis Goth year, when dislkipg hls scotch
pationynic he adopted the French name OF Maliet,
and by this name held office under Government,
became disir gushed in literature, and transmitted the
IaIne to his defendants That snco instances rsrey
occur nav be readily accounted for in the fact OF The
absence usually of any object to INDUCE man 10
charge his name, in the circumstance that tnere Is
generally lust and honorable pride in bearing the
name of ones ancestors and in he further tact that II
is scar ely in the power of man to change MS name
unles. he goes place where he Is unknown, Tor rs
long be continues TO abide where he Is known peo-
pie will continue 10 call him by the name to when they
accustomed.
Ills this difficulty. spprebend mainly that has led
70 the practice Of applying the Kings license or the
massage Of statute ID where the taking OF new
lame be necessary in consequence OF the de-
yse Of all estate upon that condition, as al persons
will conform 10 what s decfeed roned by the SOW
e,eipn authority Of the State Lord Manifold seems
10 nave thought lin Sullivan sgt Ashby, Bur-, LAW
that the Kings hcense or an act vi Parliament Tas
esleptislt TO eLte man to 8ssume another name but
IN later cases the right Of individual to take an.
another taue without the Kings license or an at OF
Parliament has been distinctly recognized ana the va
lidty Of acts done in the adopted name nave oeeh
upon the public. In the King ,agt The In
Ihbitapts df Billnghurrt g Maule e. Selroy,
950I. the qneston was whether psuper, whose bsp-
ti-psl ard surname Abraham Langley, and who,
bv that name had legal settlement in Bllnghnrst,
could with hs wife ard family, be charged upon thar
parish. He was married in another parish by the
name Of George Smith, and had been known 10 that
parish for three years before his marriage by that
name The wife and children had no settlement in
BiIr ghurst, unless they had acquired one by the
marriage, and the point involved wa, the validity OF
the paupers marriage by the name of George Smith,
the marriage act Of 70 Geo. H. C. SO, rendering
| should be publication beforehand of the "Hue
Christian and surnsmes" Of the parties. II was In
| sited tina. this had not been done, that the mar
| rage w@ thus void and that the whe
| parish Of Bilingburst; but the Cont held
| that the publication Of the bsnns by the name OF
George Smith, that being the name which the psuper
had gain ed by reputation and by which he WAS hown
at the time in the parish where he was married. was
publication Of the true within the meaning OF the
act In note at the end Of the case, several decis
ions of Lord StOwell in the Consstory Court are col
eced In ore Of them, FARMLAND agt. Nicholson, Ann
| Nicholson married, and the banns published by
the name Of Ann Ross. Sir William Scott III reply TO
the argument that the proper Christian aud surname
| of party could not be altered except by the Ming
license or On act of the Legislature said that there
might be where names acquired by general Use
| ard habit would be taken the true Chris
| tian and surname Of party, but as there
was not sufficient evidence in the case before
| him 10 show that the woman had ever been
known by the Of Ross, he annulled the marriage
| In an ,ther Gaze before him, Mayhem agt. Mayhem,
which was proceeding for divorce upon the CT ,und
Of adultery the set up that she hsd never been
legally married, having been described III the pubica
tion Of The bans ss Sarah keso when her real name
YVES Sarah White. Ii was Shown in reply that che had
cone nv several different names but was generally
Known by the naue Of Kelso before the marriage aud
upon this evidence be held the marriage to be v1d
n az. Yat.s Barr and AID "a l. case still more
distinctly IN point An estate was devised upon con-
| .h.nld tale the snrnnue of the