The following is speculation, which I am typing up on behalf of one of my elderly relatives who is a retired NSW BDM senior officer and has an interest in the far north region of NSW….. My rellie is concerned that Medusa may be striving to join dots on a family tree that may well belong on a different SMALL family tree, and suggests that some certificates may well help to confirm or eliminate some of the speculation.
My rellie wants me to remind Medusa
That NO birth registrations in NSW included ANY provision for a surname for the baby until the 1960s,
That baptism records did not provide for the candidate to have a surname.
That in 19th century baptism records the parent/s names were recorded, but were not the significant piece of information on the parish register. That the focus was on the candidate being baptised.
That in NSW in the civil registration processes the baby’s surname usually defaulted to the surname that baby’s MUM was using at the time, and so if MUM changed her known by surname during baby’s childhood, then at least in NSW, it was usual that her children became known by that new surname (whether by a formal marriage or a commonlaw marriage or by any other change .... spelling or otherwise). Any person can become known by any surname (or given name). In 19th Century NSW it was NOT (and still is not) illegal to become known by another name, unless you are attempting to defraud or deceive. NSW BDM website addresses this:
" A person is legally able to change his or her name. If a person alters their name or uses an additional or other name with the intention to act fraudulently or with an intention to deceive or in any other way which contravenes the law, they may be subject to criminal proceedings. A person may use a new name without any formal steps. At common law, a person will not actually change his or her name until the person has used and become known by the new name. Under the Registry's legislation the name is changed once it is registered." http://www.bdm.nsw.gov.au/Pages/change-of-name/change-of-name.aspxSo the speculation stems from the INDEX info that Mary COOPER married in 1896 to Isaac SMALL as per Medusa’s OP/ topic heading … and that Medusa has posted on a John SMALL thread at RChat that Medusa is interested in the SMALL family as well as the COOPER family.
http://www.rootschat.com/forum/index.php?topic=710799.msg5772831#msg5772831So from some armchair lookups: we can see that an Isaac SMALL was born 10 Jul 1873 Brisbane Qld. We can also see that an Isaac SMALL was buried 17 Feb 1953 Lutwyche Cemetery, Portion 13, Sec 9, Grave 10 and that his wife’s given name was Mary, and that the couple had family. Here:
MRS. MARY SMALL and FAMILY wish to sincerely THANK Relatives and Friends and Rev. Graham Wilson for his services, and Neighbours for their kind messages of sympathy and floral tributes in their recent sad bereavement. Please accept this as their personal thanks.
http://trove.nla.gov.au/ndp/del/article/50553097 Courier Mail 16 Feb 1953
SMALL.— The Relatives and Friendsof the late Isaac Small, of 31 Wongarra Street, Clayfield, are invited to attend his Funeral, to move from Alex. Gow's Funeral Chapel, Petrie Bight, This (Tuesday) Morning, at11.15 o'clock, for the Lutwyche Cemetery. Service 11 a.m.
http://trove.nla.gov.au/ndp/del/article/50544069 Courier Mail 17 Feb 1953
Isaac SMALL b 10 Jul 1873 Brisbane Qld
Buried 17 Feb 1953 Lutwyche Cemetery, MON-13-9-10,
80 years
https://graves.brisbane.qld.gov.au/ Qld BDM online
Isaac, son of John SMALL and Harriet MARKWELL born Brisbane #15982, born 10 July 1873
Isaac SMALL, son of John SMALL and Harriet MARKWELL #B42154, death 14 Feb 1953
https://www.qld.gov.au/law/births-deaths-marriages-and-divorces/birth-death-and-marriage-certificates/ My rellie asks me to note that there is a public tree submission on several websites that has Isaac SMALL born 10 July 1873, to John SMALL and Harriet MARKWELL as born Murwillumbah, New South Wales. The NSW BDM does NOT have such a birth registration displayed on their online index. Whereas Queensland BDM does have a birth registered which does deduce to that 10July 1873 date, and same parents, and same given name.
My rellie is suggesting that Medusa needs to obtain some official records, particularly BDM records, not just index records, but copies of official registrations of Births, Deaths, Marriages from NSW BDM, or at least official transcriptions of NSW BDM registrations.
My rellie is not suggesting that the couple, Isaac and Mary SMALL were the same couple that married in 1896 with the marriage registered Murwillumbah NSW #5555, however, my rellie is suggesting that quality research needs to determine IF the Clayfield couple were the couple married in 1896 at Murwillumbah.
Cheers, JM (I have made minor edits for grammar etc.)