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LADY ATHLYNE

sary 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 juxta-position!

"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.

"In fine let me point out that I am speaking altogether of proof of the marriage itself. The actual marriage is in law the consent of the parties; and such has undoubtedly taken place. The only possible condition of its nullity would be the repudiation of the implied Consent by both of the parties. One alone would not be sufficient!

"And now. Colonel Ogilvie, as I believe it will be well that you and the two young people should consider the situation from this point of view, will you allow me to withdraw—still on the supposition that you will join me later at breakfast.