"WITH THE RING I THEE WED"

Dominion, Volume 11, Issue 112, 29 January 1918, Page 5

"WITH THE RING I THEE WED"

ROMANCE OF A SCOTS MARRIAGE WEDDING RING IN A CAB. ; A remarkable marriage story was told ' in the Court of Session, Edinburgh, recently, where Mr. William Baird Bow-yer-Smijth, of Melbourne, and sis others, sought a declaration of legitimacy, according to the law of Scotland, mi an action • against Lady BowyerSraijth, of Twineham Court, near Havwards Heath, Sussex, and two others. When 16 years of age, it was stated, Lady Bowyer-Smijth in 1858 became attached to a man known to her as Mr. William Smith, whom she met three years earlier, when he was on a fishing holiday at Blair Athol. He: told her he was unmarried, and she accepted his offer of marriage. She went to Leith, and, at her aunt's suggestion, wrote to him in Englandinviting him to make her aunt's acquaintance. Ho arrived in Leith and satisfied her aunt that he was in a position-to marry. In the afternoon during a drive in a cab he' produced a ring and put it on the third finger of her left hand, using . the words "With this ring I thee wed," adding "Yoii are now my lawful wife." She believed that she was entering on a valid marriage according to Scots law. The honeymoon was spent iri London, and they travelled 011 the Continent and lived in Paris, returning to England in 1870. There werp 12 children of the Union. Those born in England were registered as legitimate and those horn in France were baptised as legitimate. In 1859 she learned that her husband was Sir Williain Bowyer-Smijth, Bart., hut not till 1873 did she learn that he had a wife living. For the sake of her children she consented to live a3 his wife on his promising to marry her if ever he were free. The lawful wife of Sir William died in 1875, and a week later he. fulfilled his promise to marry her, and thoy lived together till his death in November, 1883. Lady Boiv-yer-Smijth subsequently married Mr. William 11. E. Stanford, a lieutenant in the Army. , The action is alone defended by two children who were born after tho marriage in 1875. They state that their parents were not domiciled in Scotland at the time of tho marriage and had not lived tliero during tho '21 days preceding. The alleged marriage would therefore have been invalid, even although both parties had at the timo ( heenfreo to marry! Sir William was' throughout his life a domiciled Englishman, and tho law applicable to his domestic relations is the law of England. ;