The freedom enjoyed in England and the United States as to the kind of Christian name which may be given to a child is somewhat limited in France and Germany. In France, by a decree of the 11 Germinal, an XI., the only names permitted to be recorded in the civil register as Christian names (prenoms) of children were those of saints in the calendar and the names of personages known in ancient history. Even at the present day an official list is issued (revised from time to time) contain ing a selection of forenames, and no name of a child will be registered unless it occurs in this list. A limitation more or less similar prevails in Germany and other European countries.
As regards the surname, custom has universally decreed that a man shall be known by the name of his father. But in England and in some of the United States this custom is not legally binding; there is no law preventing a man from taking whatever name he has a fancy for, nor are there any particular formalities re quired to be observed on the occasion of the adoption of a fresh surname. If a person adopts a new name and wishes to have it publicly notified and recognized in official circles, the method of procedure usually adopted is that by royal licence, which is subject to duty. If granted, the royal licence is given under the sign manual and privy seal of the sovereign, countersigned by the home secretary. Where there is a more formal adoption of a surname it is usual, for purposes of publicity and evidence, to advertise the change of name in the newspapers and to execute a deed poll setting out the change, and enrol the same in the cen tral office of the supreme court. In America statutes in many States prescribe an application to a court of record as the method by which a person may change his name. A record of
the change is thus certain to be made, but these statutes do not commonly deny an individual his common law right to change his name without resort to the courts. • Both in France and Germany official authorization must be obtained for any change of name. By the German Code 1900 (s. 12) if the right to a new name is disputed by another or his interest is injured thereby, the person entitled can compel the abandonment of the new name.
In England and the United States, a wife on marriage adopts the surname of her husband, disregarding entirely her maiden sur name; in Scotland the practice usually is for the wife to retain her maiden surname for all legal purposes, adding the name of her husband as an alias. On remarriage the rule is for the wife to adopt the name of the new husband, but an exception to this is made in the case of a title acquired by marriage when the holder remarries a commoner. See in Cowley v. Cowley, 1901, A.C. 450.
In Spain and in her colonies a man takes the surname of his father, followed by the maiden surname of his mother, joined by "and" (y), but this conjunction is often omitted in some colonies.
Peers of Great Britain when signing their names use only their surnames or peerage designations. It is merely a privileged cus tom, which does not go back further than the Stuart period. Peeresses sign by their Christian names or initials followed by their peerage designation. Bishops sign by their initials followed by the name of the see. In Scotland it is very usual for land owners to affix to their names the designation of their lands, and this was expressly sanctioned by an act of .1672 See Ency. Eng. Law, tits. "Christian Name," "Surname"; W. P. W. Phillimore, Law and Practice of Change of Name (1905) ; A. C. Fox-Davies and P. W. P. Carlyon Britton, Law concerning Names and Changes of Name (1906).