Johnston
| Jurisdiction | Scotland |
| Judgment Date | 07 November 1899 |
| Date | 07 November 1899 |
| Docket Number | No. 20. |
| Court | Court of Session |
Lord Adam, Lord M'Laren, Lord Kinnear.
Nobile OfficiumAuthority to alter name.
As a person does not require the authority of the Court to change his name, the Court will not grant authority except on special cause shewn.
Circumstances in which a petition by a clergyman for authority to alter his name granted.
The Reverend Henry Johnston presented a petition for authority to assume the name of Lindsay, in addition to his name of Henry Johnston, and to call and subscribe himself Henry Lindsay Johnston, and to ordain the petition, and the deliverance thereon, to be recorded in the Books of Sederunt.
The petitioner stated;That the petitioner's name was entered in the Register of Births, &c., and in his certificate of baptism, as Henry Johnston. That for some years past the petitioner has adopted and used the name of Henry Lindsay Johnston, and as such has been commonly known. That in particular the petitioner's name is entered as Henry Lindsay Johnston in the books of Trinity College, Cambridge, and of the University of Cambridge, where he took his degree in the year 1897. That on the occasion of the petitioner's ordination as a deacon of the Church of England the Bishop of Rochester, through his diocesan secretaries, refused to enter in the petitioner's letters of orders any other name than was contained in his certificate of baptism, without evidence that said name had been assumed with authority. That the petitioner is about to enter into
priest's orders in said Church, and that he is informed that the Bishop of Rochester, through his said diocesan secretaries, will again refuse to insert in his letters of orders the name Henry Lindsay Johnston. That it is of importance to the petitioner, as a clergyman of the Church of England, that the name appearing in his letters of orders should be the same as that under which he took his degree at the University of Cambridge.
Lord Adam.The petitioner's application is for authority to alter his name. Now, any person in Scotland may, without the authority of the Court, call himself what he pleases, and, accordingly, when a petition for such a purpose is presented, we are in use to dismiss it as unnecessary, unless sufficient reason is shewn for the application. The question, therefore, is whether there is good reason in this case. The reason assigned is that the...
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