changing surname

[Helen1955]

The family story is that ..........

Maria had several children by John Charles before they married in 1886. All boys they were registered with Maria's maiden name, Croxall. When she married John Charles they appear to have taken his surname, Cross (as per 1891 and 1901 census) and at least 2 of the boys used Cross as their surname when they married.

My queries are these .......

Today, in the same circumstances, I am sure that some legal process would have to be gone through to change a childs surname. Was this the case in the 1880's?

If there would have been a legal process, can I access those records and where?

Did they have to produce a birth certificate when they married (early 1900's)?

Oh, and Maria and John Charles appear to have had a boy, Walter born the same year they got married but I can't find his birth registered (at the moment). Do you think they forgot to register him in the excitement of getting married?

Thanks for reading this
Helen

[MarieC]

Hi Helen   

From other posts on here, I have gathered that you could change your name if you wished, without going through a formal process.  I am not sure where you would find the records if they HAD gone through a formal process.

I also believe that by 1886 there were significant penalties for not registering a birth.  So I am not sure why you couldn't find the registration.

Sorry I'm not more help.  Hopefully someone with more info will post.

MarieC

[trish251]

There is a birth in Walsall Staffordshire for a Walter Edward Croxall Dec 1885 - is this a possible for your Walter - it fits the age on the 1891 census and is before the marriage

Trish

[stanmapstone]

Under English common law, a person may take a new surname, perfectly legally, without drawing up any formal record, provided that such action is not undertaken for the purpose of fraud of avoidance of obligation, etc. Various means of recording a change of name have been developed over time, but most of them were voluntary, and it is impossible to say what percentage of name-changers used them. Many people who changed their name did not wish to draw attention to the fact. For example, in an age of difficult divorce, some people took their new partner's name to allow them the appearance of marriage, and any children the appearance of legitimacy. From the number of enquiries The National Archives gets, it is clear that very often a proof of change of name either never existed or no longer exists.
http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=176


Unless the bride or groom appeared to be under the age of consent they were not asked for proof of their age or identity. That is what banns are meant to be for. Banns are a public announcement of a couple's intention to marry and gives an opportunity for anyone knowing any just reason or due cause why they should not be married to forbid the banns i.e. object to the proposed marriage.

Stan

[stanmapstone]

Hi Helen   


I also believe that by 1886 there were significant penalties for not registering a birth. 

MarieC

The Births and Deaths Registration Act of 1874 made such failure punishable by a fine of £2.00.


Stan

[MarieC]

Thanks Stan!  I hoped you would come through with the facts, and will take note of them.  You should be declared a Rootschat living treasure! 

MarieC

[Helen1955]

Well thank you all for your help and advise, especially Stan.

I have sent for the birth Cert for Walter Edward Croxall born Walsall 1885 although I don't think it is the right one if only because all the other children were born Redditch and registered in Bromsgrove.

As for penalties for not registering a birth, at least 2 of my ancestors were registered but incorrectly, my Nan always celebrated both of her birthdays, the day she was born on and the date her birth certificate says she was born on. Her father lied 'cos he was several days out side the cut off period but it always amused Nan who said it made her like the Queen!

My other Nan has several inaccuracies on her birth cartificate due to her mother trying to cover up her illegitimacy. It took me the best part of 6 months to work that one out!

Still, its the solving of the puzzle that make Family History so much fun!

Thanks again
Helen

[Helen1955]

Unfortunately I have been proved right.

The birth certificate for Walter Croxall born 1885 and registered in Walshall is not the one I was looking for.

So, if anyone has any ideas I am still searching for a Walter born abt 1886 in Redditch (registration districh Bromsgrove) who may have the surname CROXALL or CROSS depending on whether he was born before his parents married or after.

Still, all is not lost, I have been told that my Croxall's did originate in Staffordshire/Derbyshire so maybe I have a connection with the Walter who's birth certificate arrived today.

Helen

[trish251]

I do hope you find the connection - I hate someone buying a wrong certificate on my suggestion as much as I hate buying one myself. It will be so nice if/when they complete the index with all the mother's maiden names - I hope I live to see it 

Trish