Evening star., 1909-05-05
CHAPTER xx-Continued.

CHAPTER XX-Continued.
The sheriff understood and went on
with better heart:
THE experience which have had in
the performance of my duties as sheriff
has shown me that such group as l
see before me-father. daughter and
lover. If 1 mistake not-is not uncom-
mon In this part of Scotland" No one
answered his bow this time. All were
grimly silent in expectancy He felt that
| it was a dangerous topic; but the fact
had been stated without being denied.
He hurried on:
Just across the border, as we are, we
| have had very many occasions of rum
away marriages: / have had myself in
earlier days to explain for the good of all
parties how the law stands in such mat
ters. More than once the knowledge en-
abed those interested In it to spare much
pain to others; generally to those whom
they loved best. l trust that now | may
use that knowledge in your behalf-as a
! friend. / am not here In my official ca
paeity-or perhaps might not be SO free
| TO advise as l am now without, ! trust.
offense to any one Col. Ogilvie's gra-
cious bow here answered for all the
party. The sheriff felt more at ease. He
was now well into his subject; and the
most difficult part of his duty had been,
he thought. passed. All three of his
hearers listened eagerly he went on:
| "A knowledge of the law can hurt no
one: though 1T may now and again disap-
| point some one-when eXpounded too late.
! Well there Is a common belief in South
/ Britan-and elsewhere that the marriage
law in Scotland is a very filmy thing
| with bounds of demarcation which are
actually nebulous. This doubtless arises
| from the fact that all such laws are
based on the theory that it is good to
| help such contracting parties to the Sc
cure and speedy fulfillment of their
| wishes. But any one who thinks that
| they are loose in either purpose or ac-
| ton is apt to be rudely enlightened. The
Scots marriage laws demand that there
1 be a manifest and honest intention of
marriage on the part of the contractors
This intention can be proved In many
ways. Indeed the law in certain cases is
willing to infer It, when direct proof is
not attainable, from subsequent acts of
| the parties. / may fairly say that In all
such cases courts of law will hold that
mutually of intention is of. the essence
| of marriage rite. This followed by CO.
| habitation is the marriage; though the
| latter to follow close on the declarations
attached to each form have been duly
| fulfilled such rite may be either of two
kinds The most formal is that effected
by minister or proper official after due
calling of banns, or by notice given to
sheriff or registrar. The other form Is
by what is known in the law as irregular
for which 1 make no apology as it is
necessary that all married folk, or those
intending to enter that honorable condi-
ton should understand it's known as
intention followed by copula Now you
must know that either form of marriage
is equally binding-equal in law and
honor: and when the conditions attached
to each form have been duly fulfilled such
marriage is irrefragable. In old days this
facility of marriage made Gretna Green,
which is the first place across the border,
the objective for clipping lovers matri-
! monally inclined: and as till 1886 no
previous residence in Scotland was re-
| auired romance was supposed to stop at
the border That is. the marriage could
be effected and parental objections-did
such exist-were overborne. There were
many cynical souls who held that re-
pentance for the hasty marriage could
/ then begin. feel bound to say that this
4s an opinion in which l do not myself
share.
I'm 1856 an act of parliament. Goth
Wet cap. 96. was passed. by which 1t
became necessary for the validity of lr-
regular marriage that at least one of the
| two contractors should have his or her
! legal residence in Scotland, or have been
resident in Scotland for three full weeks
next preceding the marriage.
Il thank you, Col. Ogilvie, for having
listened to me SO patiently. But as l
have no doubt that you three have much
| to say to each other l shall withdraw
for the present. This will leave you free
to discuss matters. And perhaps l may
say, as an old man as well as re-
| sponsible officer of the law, that / trust
the effect will be to make for peace and
| amity. 1 am staying here in the hotel.
and I shall take it as great pleasure
and a great honor II you will breakfast
with me in say an hours time. All your
family will be most welcome" With a
| bow, I'm which Difference and geniality
| were mingled, he withdrew.
/ ,f thron 1af
each other In silence. Joy drew closer TO
Athlyne and took his hand. Col. Ogilvie
pretended not to notice the act-an eff
| fort on his part which made his daugh-
ter radiant with hope. The first words
spoken were by the colonel:
| THAT man is a gentleman.' The two
others felt that silence was present dis
cretion; to agree with Col. Ogilvie in his
as to disagree with him. His ndkt words
were in no way conciiiatory. though the
arriere pensee made for hope.
Now, sir, what have you to say for
yourself in this unhappy matter? Re-
| member I in no way relax my inten-
ton of-of punishment; but l am willing
to hear what you have to say Athiyne
WINGED at the word punishment. which
was not one which he was accustomed
to hear applied to himself. But for JOY 5
| sake he made no comment. He even Kept
| his face fixed SO as not to betray his
anger. He felt that any change of sub
| iect or drifting off that before them,
| must be for the better; things could. he
/ felt hardly be worse than at present.
| Moreover it might smooth matters some
what If Col. Ogilvie could be brought TO
recollect that he was not himself an Gn-
desirable person for alliance, and that his
Intention of matrimony had been already
brought before Joys father. In this con-
viction he spoke:
| LAS In this country, sir, intention
counts for SO much, may / crave your
Indulgence for a moment and refer YOU
back 10 my letter to you on the subject
of very dear wish of mine-a wish put
before you with very decided inten-
ton Col. Ogilvie's answer given in
manner of equal suavity, was discon-
manifest
Il think sir, there must be some error
which is not mine. ! never received any
letter from you, Your epistolary efforts
seem TO have been confined to the ladies
of my family" With an EFFORT Athlyne
restrained himself. When he felt equal
to the task he spoke, still with man
Eer of utmost Difference:
AN error there surely is: but ii is not
mine either | posted yes. erday at the
Ambeside post Office a letter to you.
/. o. He was interrupted by Col. Ogil-
vie. who said biuntly:
Il am not So sure. sir. that the fault
of my not reading such a letter was not
yours: though perhaps not in the direct
manner YOU mean. When | arrived home
last night and found the horrible state
of things with regard to my daughter $
ra sh act-due to you, this with a look of
actual malevolence. Il was upset that