Researching Early (Legal) Name Changes in Massachusetts

A page from the 1905 Acts and Resolves 

listing the name changes that occurred

in Essex and Franklin counties during

the year 1904. 

Everyone has the right to legally go by the name of their choice, as long as it is not done for illegal or fraudulent purposes.  Today, the procedure for changing your name in Massachusetts includes filling out a form (petition), and filing the petition with your county’s Probate and Family Court (or the Juvenile Court for minors).  For more information, visit: http://www.mass.gov/courts/selfhelp/name-changes/

Prior to 1852, if an individual wanted to change their name, he or she had to submit a petition to the General Court; once approved, the petitions were subsequently published as special acts of the legislature.  Such special acts can be helpful to researchers and genealogists who are trying to track down the original name of a person, the name they legally adopted, when the person initiated the change, and in what city they were residing at the time.  Not too long ago it was discovered that the Gloucester painter formerly known incorrectly as “Fitz Hugh Lane” had actually adopted and used the name “Fitz Henry Lane” in his lifetime, as recorded in Chapter 124 of the Acts of 1832.  Such special acts containing name changes can be found, either by browsing or using a keyword search, in the library’s acts database-- which covers the years 1692 through 2010: http://archives.lib.state.ma.us/handle/123456789/2

An 1835 pencil drawing of Fitz Henry Lane
by Robert Cooke.  Three years earlier Lane was
known by his birth name Nathaniel Rogers
Lane. By Robert Cooke (American
Antiquarian Society, Worcester, Mass.)
 [Public domain], via Wikimedia Commons.

Another great resource collated and published by the Secretary of the Commonwealth back in 1893 is the book List of Persons Whose Names Have Been Changed in Massachusetts: 1780-1892.  Unlike the acts database, it also includes data from the annual name change returns submitted to the Secretary by the county probate courts.  An online version of this book is also viewable and downloadable through HathiTrust.org.

If you are looking for information after 1892, annual lists of name changes can also be found in the Acts and Resolves volumes from 1853 through 1913; these volumes have been digitized and can be accessed via the library’s website. 

Original petitions submitted to the legislature that were and were not approved can be found at the Massachusetts State Archives.





Kaitlin Connolly
Reference Department

Researching Early Corporations in Massachusetts

A page from the Report of the
Tax Commissioner (PD 35) of 1877-1878

The State Library often receives questions about early Massachusetts corporations, specifically information on their date of organization or how to view their charter.  Gathering information on 19th and early 20th century corporations requires a little research, and it’s a good idea to first understand the early history of corporation laws in Massachusetts.  Before 1851, corporations were required to go through the legislature in order to organize, and the organization was subsequently recorded as a special act.  After 1851, there were different layers of reform to the Massachusetts General Laws, and the status of the corporation (manufacturing, printing, distilling, etc.) determined organization eligibility and the legal procedure. Today, corporations are still subject to the Massachusetts General Laws, and filings are processed through the Corporations Division of the Secretary of State’s Office.  For information on relatively recent corporations (mid-20th century to current) it’s best to contact the Division; the MA Trial Court Law Libraries website has also compiled current state law, selected case law, and other resources on the subject.

One way to locate the special statutes of corporations that organized through the legislature is by performing a keyword or citation search in our Acts and Resolves database.  If you find you’re not having much luck with this approach, it’s important to know that early state taxation documents are particularly helpful.  These documents were published by the Tax Commissioner for, among other reasons, the benefit of tax assessors in the various cities and towns around the Commonwealth.

The following series provide lists of taxable corporations in MA that existed at the time each document was published.  The amount of historical information included in the lists is dependent on the publishing date--later reports provide lists that are much more simplified.  An entry may contain the date a corporation was organized, chartered, or certified, and a statute citation (often when the corporation listed is a new entity); if there is no statute citation, the date provided (especially prior to 1851) will be helpful in tracking the statute down.  Some entries also note when a corporation was reorganized and/or renamed, also with statute citations when applicable.

• Public Document #35:  Report of the Tax Commissioner of the Commonwealth of Massachusetts (1877-1919): Call #: 336.2M3 T23r
• Tax Commissioner’s Documents (1866-1882): Call # 336.2M3 T23d
• Corporations Taxable (1911, 1913-1919): Call # 336.2M3 T23c

Each of these titles is available for use in the library, which is located in room 341 of the State House.  For more information, please contact our reference desk at 617-727-2590 or send us an email at reference.department@state.ma.us.

Kaitlin Connolly
Reference Department

An Act By Any Other Name: General vs. Special Acts

Patrons often contact the State Library wanting to know the difference between an act that is general in nature, and what is commonly called a “special act” (or “special law”).  Massachusetts acts are made up of both types, and it’s easy to be confused by this concept since they are published together in no particular order other than that in which they were passed during a specific year; however, prior to 1920, you will find that they were published in separate volumes.  It’s important to be able to recognize the difference between the two, as research methods can vary depending on the type in question.  Also note that the Massachusetts Acts and Resolves are commonly known under the umbrella term “session laws”, and you may see this term used throughout your research.

An act that is general in nature will most often apply to all Massachusetts residents (for example, laws regarding divorce in the state), or it may involve the organization and administration of the state government (for example, the state budget).  Also keep in mind that general acts are passed with the intent of permanence.  This type of act makes up the majority of the acts passed, and together they form the body of the Massachusetts General Laws (MGL) and all of its additions, amendments, repeals, etc. that the MGL has undergone since its codification.  In other words, each general act is codified into the MGL.  The MGL, like most existing bodies of law, is mutable and subject to continual changes that are effected by these general acts.

“Special acts” are acts that are more specific in nature.  They apply to a limited number, such as one person, one event, a specific city or town, etc.  Like general acts, they are subject to amendments brought about by subsequent acts; however they are not codified into any body of law.

A good way to distinguish between the two types of acts is to take a look at the language used and the subject matter at hand.  Good questions to ask are: What is the scope of the subject matter?  Is it specific, or does it apply to the Massachusetts community as a whole?  Does it affect the organization or administration of the state government?  Is it meant to be temporary?  Key language usually appears in the first couple sentences of the act.  Does it specifically state that the act is an amendment or insertion being applied to the General Laws?  If so, then it is a general act.  If you’re still not sure, Shephard’s Citations, which is available in the library, is a good resource to look at because it distinguishes between acts codified and not codified.

To make matters more complicated, sometimes an act can have both.  A great example of this is 1993 Chap. 71, a huge act concerning educational reform.  Many of the sections are general acts with references to the MGL, but look at section 70; section 70 is not codified in the MGL and is considered a “special” part of this act.

Examples:
Special Act:  2009 Chap. 201. An Act Designating A Certain Traffic Circle In The City Of Lowell As The Micky Ward Rotary.

General Act:  1980 Chap. 63. An Act Establishing Town Meeting Day.

The State Library has digitized all of the acts from 1692 to 2009; later acts can be found on the legislature’s website.

Kaitlin Connolly
Reference Dept.