Official change of surname?

[DellaR]

Hi My GT GT GT Grandparents and their children changed their surname from Jacks to Jacques.They first apear as Jacques on the 1861 census in Cheshire. However , I have now found him in an 1860 directory still using Jacks so i know that the name change occured during 1860/1. I don't believe someone would change their surname spelling just because someone had spelt it wrong on the census !! Would they have had to sign anything official in order to change their name? The name Jacques is one the family continues to use today.

[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. So for people over over 16 years of age in England there is only one way to legally change your name and that is by using a new name. Deed Poll has never been required It always was, and still is, perfectly legal just to change one's name and notify all interested parties, provided there is no intent to defraud or other criminal intent . Deed Poll was usually used by those who considered  possible inheritance difficulties in the future, so was more often used by the wealthier members of society. A notification in the local paper was sometimes used, and for every person who went to the trouble and expense of deed poll, there were numerous others who simply adopted a new name without formality. From 1914, all deeds poll enrolled in the Supreme Court had first to be advertised in the London Gazette
See http://www.nationalarchives.gov.uk/catalogue/RdLeaflet.asp?sLeafletID=176

Stan

[DellaR]

Thanks Stan . I was hoping to find it registered somewhere. I would love to know why they changed it !!

[behindthefrogs]

There are a number of possible reasons.

They reverted to a much earlier spelling as a result of investigating their family.  The interest in family history was revived in the second half of the 19th century.

They moved into a middle class environment and regarded the spelling derived from the French as more appropriate.  These sorts of things really mattered to the Victorians.

David