I may use that knowledge in your behalf—as a friend, I am not here in my official capacity—or perhaps I might not be so free to advise as I am now without, I trust, offence to any one." Colonel Ogilvie's gracious 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 as he went on:
"A knowledge of the law can hurt no one; though it may now and again disappoint some one—when expounded too late. Well, there is a common belief in South Britain—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 secure and speedy fulfilment of their wishes. But anyone who thinks that they are loose in either purpose or action is apt to be rudely enlightened. The Scots' Marriage laws demand that there 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. I may fairly say that in all such cases courts of law will hold that mutuality 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 declaration is not always deemed necessary. In our law the marriage may be either of two kinds. The most formal is that effected by a 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 marriage.' This is in legal parlance—for which I make no apology as it is necessary that all married folk, or those intending to enter that honourable condition should understand it—is known as 'intention followed by copula.' Now
