Love stories; New York (N.Y.) -- Fiction; Scotland -- Fiction
“I must ask--I really _must_ ask that you do not be so hasty in your
conclusions whilst I am speaking, Colonel Ogilvie. You must understand
that I am only explaining the law; not even giving any opinion of my
own. The terminology of Scot’s Law is peculiar, and differs from
English law in such matters. For instance what in English law is
‘Plaintiff and Defendant’ becomes with us ‘Pursuer and Defender.’
There may be a female as well as a male Pursuer. Thus on the grounds
of present consent as there is ample proof of Matrimonial Consent of
either and both parties--sufficient for either to use against the
other. I take it that the Court would hold the marriage proved; unless
_both_ parties repudiated the Intent. This I am sure would never be;
for if 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 I had better say at
once, since it is a matter to be considered by any parent, that should
there have been any valid ground for what you designate as ‘scandal,’
such would in the eyes of the law be only the proper and necessary
completion 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 of
fastening on the connecting door would be taken by a Court as proof of
consummation. No matter by what entanglement 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. It 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 a further and
more rigid reading of residence than mere possession of estates. The
words are that one of the parties to the marriage must ‘have his or
her usual place of residence’ in this Country. But as I have shown you
that in Lord Athlyne’s case his living in Scotland for several weeks
in one or other of his own houses would be certainly construed by any
Court as compliance with the Act, I do not think that any question of
legality could arise. Indeed it is within my own knowledge 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
affected by his absence as an officer in foreign service, his status
for the purpose of Scottish marriage is unassailable.
Public-domain text, read in full here on John Shaqi.
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