From Page 42 of the Challenge ATO research document. See also Birth Information Paper.
The Name, which Name
Ballentine’s Law Dictionary 3rd Edition
Proper name.
The first or Christian name of a person
Blacks Lew Dictionary 4th Edition
LEGAL NAME.
Under common law consists one Christian name and one surname, and the insertion, omission, or mistake in middle name or initial is immaterial
Bouvier’s Law Dictionary 1856
NAME.
No man can have more than one Christian name, two or more names usually kept separate, as John and Peter, may undoubtedly be compounded, so as to form, in contemplation of law, but one.
A letter put between the Christian name and surname, as an abbreviation of a part of the Christian name as John B. Peterson, is no part of either.
Blacks Law Dictionary 4th Edition
SURNAME.
The family name; the name over *and above the Christian name. The part of a name which is not given in baptism; the name of a person which is derived from the common name of his parents.
The last name; the name common to all members of a family. A patronymic.
Dictionary.com
sur-
a prefix meaning “over, above,” “in addition,” occurring mainly in loanwords from French and partial calques of French words: surcharge; surname; surrender; survive.
Bouvier’s Law Dictionary 1856
SURNAME.
A name which is added to the christian name, and which, in modern times, have become family names.
2. They are called surnames, because originally they were written over the name in judicial writings and contracts.
They were and are still used for the purpose of distinguishing persons of the same name. They were taken from something attached to the persons assuming them, as John Carpenter, Joseph Black, Samuel Little.
English Etymological Dictionary
surname
from sur “above” + name; modeled on Anglo-Fr. surnoun “surname,” variant of O.Fr. surnom, from sur “over” + nom “name.”
Originally “name, title, or epithet added to a person’s name;” the meaning “family name” is first found 1375.
Hereditary surnames existed among Norman nobility in England in early 12c., among common people began to be used 13c., increasingly frequent until near universal by end of 14c. The process was later in the north of England than the south.
Andersons Dictionary of Law 1889
NAME.
1. A designation by which a person, natural or artificial, is known.
It is merely a custom for males to take the name of their parents, and not obligatory,
When two names have the same original, or one is an abbreviation or corruption of the other, but both in common usage are the same, the use of one name for the other is not a material misnomer.
When a person is known equally well by two names he may be sued or indicted by either name, or by both.
When a nickname is used, evidence will be received as to the true name. Such a name is but an alias for the true name.
The rule that the middle name is really no part of one’s name has not been extended to the Christian name; on the contrary, the law presumes that every person has a Christian name. Where there is a mistake in the name used in the writ, and the writ is yet served on the right person, he is thereby informed that he is the person meant, and he should plead the misnomer in abatement. A non-resident, to whom a wrong name is given in an order of publication, receives no legal notice.
The law recognizes only one Christian name. There are cases countenancing, if not establishing, that the omission of a middle letter is not a misnomer or variance; if so, the middle letter is immaterial, and a wrong letter may be disregarded.
Signing by initials satisfies the statute of frauds.
And a legatee may be designated by initials. The effect of designating a candidate for election by his initials has been variously decided. ‘Jr.” or “Sr.” is not part of a name. Nor is Mrs. a part. When father and son have the same name, the use of the name presumptively designates the father.
Identity of name is prima facie evidence of identity of person.
As to names having the same sound,
see Ideu, Sonans.
At common law, a man may lawfully change his name. He is bound by any contract into which he may enter in his adopted or reputed name, and by his recognized name he may sue and be sued. As to the use of a name as part of a trade-mark,
see that title.
2. A man’s name, as the synonym of his power and personality, is often put for the man himself. Thus, an agent is said to buy “in the name” of his principal when he buys for him, declaring his agency. A man invests “in his own name” (as executor) when he invests openly for himself, though he only receives evidence (bonds) of the investment.
see Addition, 3; Alias, 1; Fohoery; Misnomer; Signature. Compare Nomen.
Backs Law Dictionary 4th Edition
COGNOMEN.
In English law. A surname, A name added to the nomen proper, or name of the individual; a name descriptive of the family.
In Roman law. A man’s family name.
The first name (prenomen) was the proper name of the individual; the second (nomen) indicated the gees or tribe to which he belonged; while the third (cognomen) denoted his family or house. The agnomen was added on account of some particular event, as a further distinction.
See Cas.
English Etymological Dictionary
cognomen
809, from L. com- “with” + (g)nomen “name.”
Third or family name of a Roman citizen (Caius Julius Cæsar).
The Oxford English Dictionary Volume 11
6. Christian name
the name given at christening; the personal name, as distinguished from the family name or surname. (Also allusively ‘proper name’).
Webster Dictionary
PROPER
7. Pertaining to one of a species, but not common to the whole; not appellative; as, a proper name; Dublin is the proper name of a city.
Could it be as simple as the name in which we go by or what is assumed by another party regarding law and contracting, a deliberate dumbing down of the people through state standards of education would go away to such outcomes. Law, civics, Latin, banking and more have all fallen away for such mentally stimulating subjects like geography, sociology and physical education whilst sitting in a classroom.