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R v John Smith

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1867
Date01 January 1867
CourtAssizes

English Reports Citation: 176 E.R. 923

Nisi Prius

Regina
and
John Smith

regina v john smith. (A man may change his surname by use and reputation , and if by use and reputation he has acquired a new one, he is not indictable under the 19 & 20 Viet. c. 19, s 2, for using the new name in signing a notice for the purpose of procuring his marriage under the 6 & 7 Will 4, c. 85 ) The prisoner was indicted under the 19 & 20 Viet c 119, s. 2, for signing a false notice for the purpose of procuring his marriage under the 6 & 7 Will 4, c. 85. Cave was for the prosecution The prisoner was not defended by counsel It appeared that the prisoner had lived all his life at Muggington, in Derbyshire, util about twelve months before the commission of the alleged ofEence, when he left Derbyshire and went into Lincolnshire for the purpose of avoiding service of an order ol affiliation which had been obtained against him. The more effectually to conceal hknseLf, the prisoner had, on arriving in Lincolnshire, adopted the name of Brown-eon ; and by that name only was he known while residing in that county. After he [XLOO] had been there twelve months, he proposed marriage to a woman, whose acquaintance he had made there, and thereupon went to the superintendent registrar ta give the notice required by the 6 & 7 Will. 4, c 85, and the 19 & 20 Viet, c 119, sa. 2 & 3. He then stated to the registrar that his name was Brownson ; his name was so written down by the registrar in the notice, and the prisoner, after the notice had been read over to him, signed his name John Smith Brownson, at the foot WiEes, J., in summing up the case to the jury, observed that...

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