§ The LORD ADVOCATEmoved for leave to bring in a Bill to amend the law of Scotland affecting the constitution of marriage. The learned Lord, who was almost inaudible, was understood to say that he did not intend to touch the principles of the law of Scotland in relation to marriage, but to narrow the evidence by which a compact so important should be proved, and not to allow it to rest upon such a vague, uncertain, and indefinite foundation. Marriage had often been held to be constituted where he really believed parties did not intend it. If the Bill which he had just brought in should be carried, he hoped to make the registration so easy that there should be no excuse for not having a marriage registered at once.
§ SIR JAMES GRAHAMTaking into account the enlarged experience and careful attention brought to bear on this Bill, he was sure it would be introduced in as perfect a shape as possible. But the learned Lord, in the notice which he had given, had not referred to a portion of the subject to which his (Sir James Graham's) attention, living on the Scottish border, had been particularly called. He saw flagrant and constant abuses arise from the facility of marriage, as applicable not to the inhabitants of Scotland, but to those living on the English side of the border, who crossed over without the knowledge of their friends, contracted marriage, and then recrossed. He did not know whether this point had fallen under the special attention of the learned Lord; but it was worthy of his attion whether a clause might not be inserted, making a residence in Scotland for a certain time imperative on those who contracted marriage there. He was well aware of the extreme difficulty of the subject; but he thought that some due restraint ought to be imposed on the extreme facility now allowed, which often led to clandestine marriages.
§ The LORD ADVOCATEfelt very much indebted to the right hon. Gentleman for this suggestion. The subject alluded to was not immediately under his consideration, as his Bill related only to the inhabitants of Scotland. There might be very great difficulty in requiring residence animo morandi; but if the contraction of marriage were prevented unless one of the parties had been actually resident for a certain number of days, the Gretna Green marriages would become as difficult as they were now easy. If the Bill which he had just 387 brought in should be carried, such residence might easily by a clause in one of these Bills be required to be in the registrar's district.
§ Leave given. Bill brought in, and read a first time.
§ House adjourned at half-past Twelve o'clock.