Evening star., 1909-05-08

ruption this time came from Col. ogilvie.
IF Lord Athlyne is defender. who is
the other party?"
Lady Athlyne. or Miss Ogilvie. in
whichever name she might take action.
would be the pursuer.''
Sir Numbered the colonel. going off
as usual at half-cock .'do you insinuate
that my daughter is pursuer of a man?"
He grew speechless with Indignation. The
sheriff's GOODNESS stood to him there,
when the fury of the kentuckian was
directed to him personally. In the same
even tone he went on speaking:
Il must ask-I really must ask that
you do. not be SO hasty In your conclu-
sions while l am speaking. Col. Ogilvie.
You must understand that / am only ex-
planning the law; not even giving an opin-
ion of my own. The terminolegy of
Scots law Is peculiar, and differs from
English law in such matters. For in
stance. what in English law is plaintiff
and defendant becomes with us 'pursuer
and defender There may be female
as we'll as a male pursuer. Thus on the
grounds Of present consent there is
ample proof of matrimonial consent of
either and both parties-sufhcient for
either to use against the other. l take it
that the court would hold the marriage
proved; unless both parties repudiated the
intent. This am sure would never be;
for IL there were any mutual affection
neither would wish to cause such gossip
as would inevitably ensue. And If either
party preferred that the union should
continue, either from motives of love or
interest. the marriage could be held good.
And l had better say at once. since 1t is
a matter to be considered by any parent.
that should there have been any valid
ground for what you designate as Scan
dal.' such would In the eyes of the law be
of the act of marriage. And let me say
also that the fact OF the two parties.
thus become one by the form of irregular
marriage, having passed the night in this
suite of rooms without bolt or fastening
on the connecting door would be taken
by court as proof of consummation. No
matter by what ENHANCEMENT of events
no matter how or by what accident or
series of accidents the two parties came
into this juxtaposition!
There is but one other point to be
considered regarding the validity of this
marriage. 1t Is that of compliance with
the terms of Lord Brougham's act Of
1856 The man has undoubted domicile
in Scotland for certain legal purposes.
But the marriage law requires further
and more rigid reading of residence than
mere possession of estates The words
are that one of the parties to the mar
riage must have his or her usual place
of residence in this country. But 1
have shown you that In Lord Athlyne's
case his living in Scotland for several
"
would be certainly construed by any court
as compliance with the act, l do not
think that any question OF legality could
arise. Indeed. 1t is within my own knowl
edge that as a Scottish peer-Baron of
Ceann-da- -Shail-who declared Scottish
domicile on reaching his majority. and
whose 'domicile of origin was not af-
fected by his absence as an officer in for
eign service, his status for the purpose of
Scottish marriage is unassailable.
I'm fine. let me point out that I am
speaking altogether of proof of the mar
riage itself. The actual marriage is in
law the consent of the parties; and such
has undoubtedly taken place. The only
possible condition of it's nullity would be
the reputation of the implied consent by
both of the parties. One alone would not
be sufficient!
And now, Col. Ogilvie as 1 believe it
will be we'll that you and the two young
people should consider the situation from
this point Of view. will you allow me to
withdraw-stil the supposition that
YOU will join me later at breakfast? And
IL this merry lady''-pointing to Judy.
who had gained composure sufficiently to
hear the end of his explanation-.will
honor me by coming to my sitting room.
just below this. where breakfast will be
served. II may perhaps be better l take
1t that you will be all able to speak more
freely. you and your daughter-and her
husband"
He withdrew gracefully giving his
arm to Judy, who. having risen bashfully,