WHAT'S IN A NAME?

Timaru Herald, Volume XCVI, Issue 14912, 3 December 1912, Page 4

WHAT'S IN A NAME?

THE LEGAL ASPECT. JUDGE CHAPMAN EXPLAINS. A. case in which the law j elating to names was involved, came before Mr Justice Chapman at Auckland on Saturday, when a man named Edward Babbitts was charged with having wrongfully given his name as Robert Louis .Roberts to the Registrar of Marriages. Evidence was given to the effect that the accused, who was a surveyor's assistant, arrived iu Auckland in the early part of February last. In May he married a young woman he had met at the boardiirshou.se where he was living. During all these proceedings he was known under the name of Robert Louis Roberts, signing the declaration in that form, and giving the name of his mother and father as Roberts. Constable Williams, stationed at Seddon, in Marlborough, said he iiad known the accused's family for about six years under the name of Rahbitts. On the 17th of February a warrant was issued at Blenheim for the arrest of the accused on a charge of Jailing to provide lor the maintenance of an illegitimate child. Accused was .subsequently arrested in Sydney and brought- back to New Zealand in August, an order being made against him for the support of the child. After tlio case the accused applied to the Registrar to be married under his own name of Edward Rahbitts. Mr Mcßcagh contended that a man was at perfect liberty to change his name if he had a fancy to do .so. it was almost impossible to do it in his own town, and so it was that accused changed his name when he came to Auckland. Counsel called accused's wife, who gave evidence to show that during the whole lime accused was at the. boardinghouse in Auckland he was known only by the name, of Robert Louis Roberts, and had letters addressed to him in that name. Counsel pointed out that it was not a case where a man had inveigled a woman in marriage under a false name. No wrong had been done by tin- accused assuming the name of Roberts. hi the course of summing up. his Honour made some interesting remarks on names. He reminded tin* jury thatto get to the origin of names we. had to go back to the time when the missionaries baptised our .savage ancestors and gave them Christian names. The changing of,a Christian name was very rare, and if one came across an instance, one generally suspected some illegitimate reason. With regnrfi to the surname, the case was contrary to what was generally thought. No man was born with a surname; people only got their surnames "by repute.'' In consequence, by English law, which differed from French law. a man was still at liberty to change his name should lie desire to do so. The change was usually effected by advertising in the local papers. There were other methods adopted by wealthy people, such, for instance, as invoking the aid of the Court for obtaining a Royal license. The law on the subject of names was stated in a few words. As, in the first instance, they wove arbitrarily assumed, they could be changed if the person desired it. Change of name did not mean having one name in Auckland, another in Taranaki, and another in Marlborough. Such names were called aliases, and as such were very well-known in Police Court proceedings. In order to determine the jiecused's motive in what he had done, the jury nuisi j*»'k tit the surrounding circn'"stances. Lite jury found prisoner guilty, and recommended that-he be dealt with as leniently as ;iossible. His Honour pointed out the seriousness of the offence. He said that ibe present- -case would be met by the in- . flietion of a substantial fine. ' Prisoner was ordered to nay a fine of £2O. failing which he would be imprisoned for two months.