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Date: Fri, 03 Mar 2006 09:16:12 +1100
To: Listpig <listpig@earthlink.net>
From: David Warncken <d.warncken@bigpond.com>
Subject: Re: [ROOTS-L] Data Entry Convention for Illegitimate Surname
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Hi Pig,

Instinctively I agree that in these circumstances the birth 
(mother's) name should be entered as the surname. However an 
alternative case can be argued for entering the father's name because 
that is the children chose to be known by in later life.  But then I 
suppose that it no different to a person changing his or name by deed 
poll these days.

With regard to the census entries (and using your example names), no 
assumptions were made in the 1851 census because the household was 
entered looked like:
   Ed Smith, Head, Wid, 60 -- Tailor
   Joe Smith, Son, 7
   Sally Smith, dau, 5
   Mary Smith, dau, 3
   Tim Smith, son, 1
   Molly Withers, Servant, Wid, 40 --  House Servant

Thank you for sharing your thoughts.
David.


At 06:15 AM 3/03/2006, Listpig wrote:
>I'm a firm believer that birth names should be recorded as what they were:
>if you go looking for X's birth certificate (or if you could do so, if
>they're not from the right time and place for that to be possible), what
>would you find it under?
>
>Subsequent changes should be recorded as just that: changes.
>
>On the other hand, worth exploring are the common law marriage laws of the
>time and place: just because they never went to a judge or a church, were
>they considered married anyway?  If so, how many years did it take for that
>to occur?
>
>And on the census records: that can be interesting---was it the
>censustaker's *assumption* that this was "Mr. And Mrs. Smith and all the
>little Smiths", or were the kids really presented to him as Joe Smith, Sally
>Smith, etc.?  I'm not sure you can tell unless perhaps they're listed as Ed
>Smith (head), Molly Withers, and all the Smith children.  If Momma's
>presented as having his surname, the rest may all be assumption as well, or
>it could be the common law aspect defining them as married by that point.
>
>--pig

