Omaha daily bee., 1910-12-11
GOULD'S SCOTCH" MARRIAGE
Explanation of Peculiar Status Of
Matrimony in Scotland.
PARENTS CONSENT NOT REQUIRED
Boys Of Fourteen Years aud Gir,- Of
Twelve Can wed 80 Certain Pre-
Iimtnnry Requirements
Are Met.
by LADY MARY MANwARING.

LONDON. Dec. 10.-fSpecial 70 The BeeJ
The Scotch marriage" has been again
brought into prominence by the recent
announcement that Frank Jay Gould scion
Of the famous American financial family
had taken 10 wife Miss Edith Kelly.
pretty English actress. after the Scotch
fashion. and had installed her ~ mistress
OF Abbotsford. famous the world over as
the home OF the great Sir Walter Scott.
scotland has long been noted for its easy
marriage laws Of which the lovesick lads
and lasses OF tho more punctilious south
have taken advantage for generations
In Scotland there are two classes OF valid
marriage, regular" and irregular and
even in the case Of the former there are
important differences from English pro-
oedure
In England a minor cannot legally marry
without the consent OF his or her parents
or other guardians. but I'm Scotland a
minor need ask nobody's leave before
committing matrimony' provided that
~ man. he has reached the age Of a.
~ a woman" she is a venerable Venus
at u.
Then. south OF the Tweed, and in default
OF a special license" a marriage must
be celebrated In a church. chapel or other
building licensed for marriages, or before
a registrar. and must take place between
the hours Of a. m. and p. m.
Across the border. however even
regular" marriage blessed by the church,
can be celebrated in any kind Of place
and at any time OF day or night
'TrreEular MarriaEes."
Interest, however, oenters chiefly around
Scotch irregular marriages, OF which
there are three kinds recognized by law.
In the first class Is marriage by declara-
ton or acknowledgment" Here the CON
tracing parties simply declare. either
verbally or in writing, before two wit
neSses that they take each other for hus-
band and wife, or that they have already
done 80. The only stlpuladons are that
the parties must be capable of marriage
and without legal impediment, that they
should be known TO the witnesses, who, I'm
turn. must be legally competent TO give
evidence, and that one OF the parties shall
have resided In Scotland for twenty-one
days Immediately preceding the cere-
mony.
Registration is not necessary TO make the
marriage valid, but IL is usual sooner or
later to apply 20 the sheriff OF the county
in which the marriage took place to record
It I'm a book kept for the purpose.
A good deal Of nonsense has been written
about these marriages by declaration.
Many a romance has been made 70 hinge
on such plot as a couple playing in
amateur theatricaiE going through a mock
Irregular marriage only to find themselves
tied up hard and fast for life. This Is mere
mooRshine, for the validity OF marriage
by declaration depends on the intention and
free consent OF the parties to be married.
Hard Thing 20 Get Out OF.
An irregular marriage obtained by fraud,
FaaH 4. a., - A..
same time. an irregular marriage is not a
thing lightly to be entered into. To have
II annuiled a person must prove that he
was tncked or forced into II, or that, at
tho time, he was for one reason or an
other absolutely incapable of knowing
what he was doing In defaaIt OF such
proof, the law presumes intention and con-
sent. and holds the parties to their con-
tract
AS the declaration may be made verbally
and the marriage need not be registered,
II 10 clear that II the witnesses die there
may be difficulty In establishing mar
rage II would seem that II villain mar
ries girl By declaration and grows tired
Of her, he ha, only TO get rid Of the wit
nesses somehow or other to be IN a posi-
ton TO repudiate his wife, but here the
law Is against him.
This brings US TO the second class OF
irregular marriage" namely marriage
by repute or habit"
II a couple have lived together as mar
ried, have addressed each other as hus-
band and wife. and permitted others so to
address them. the Scottish law holds them
married, although proof OF marriage may
De wanting even II, in fact. no ceremony
has been gone through with. Therefore
Nllainy OF the kind mentioned would rarely
be successful, for in most cases the courts
would give the wFonged woman her
rights
The third class Of Irregular" marriage
is known as marriage by promise" and
applies to cases where q woman has yielded
TO lover under promise Of marriage sub,
sequsntly broken. OF course. the woman
must satisfy the courts that marriage was
promised; but, provided she can do so
she can claim her betrayer as her lawful
welded husband
Coronation Date IL Fixed.
The date Of the coronation has been fixed
for June e history OF our royal house
for exactly ten years ago It was
the date fixed for King Edwards corona,
ton, when his illness interviewed to post,
pone the rite. June q. 1897. Queen Victoria
kept her Diamond Jubilee and IL one count,
" AA0 HNNht AtteAAAu OF me month"; ~ Mai
On that day, sevsnty-feuF years ago thai
her late majesty was crowned. June 2
is also the eve Of the prince OF Walos
birthday who will complete his seven
teenth year on the 2ad entering upon ar
Rge that lie usually considered the d!yidinl
tine between boyhood and manhood at N,
very epoch Of his father bens crowned
king
II Is not undressing to remember tina
stature, not precedence, was the first con
sideration Ia the choosing OF the fou
duehesses who held the canopy over Queel
Ais1andTa's head duFing the ceremony o
GROWING. The duchesses OF Sutherland
Marlborough. Nontose and Portland Wer
chosen, as AL are tall. aud an pretty mucl
OF height. Whether Queen Mary vii
choose her attendants by the same matho,
remains 10 he seen, but L IS more probabl
Eaat the ohoies will be made according 4
rank In which case the duchesses OF Nor
folk, Somerset, Beaufort and Leeds woul
probably take office,
AlsEHndra Loves Caesar.
For ceasar, the rough-haired fox terrier
which belonged 10 the late king. Quea