ASSIZE IN SCOTLAND. against it". Provided also, that nothing herein shall extend to prevent the magistrates or others who have power to set the affize of bread, from allowing (even during the time of fuch prohibition as aforefaid), if they think fit, any white loaves or wheaten loaves of the price of one penny or two pence to be made and fold, fo that they be made, marked, and fold, according to the regulations of the affize table of f 10. AND whereas in many places the inferior claffes of people are used to be fupplied with bread made of wheat, of a coarfe and cheaper fort than the ftandard wheaten bread aforefaid; therefore, it fhall be lawful for the baker to make and fell fuch inferior and coarfer bread, provided he fells the fame at a price under that of household bread, as directed by the said act of 31 Geo. II, (although nothing in this act extends to setting any affize thereon). But if he fells fuch inferior or coarser bread by weights and prices at which the household bread aforefaid is at this time affized, he fhall be liable to the fame penalties as bakers for any misdemeanor in making and felling any other fort of bread". Provided always, that nothing herein shall extend to prejudice any right or custom of the city of London, or the dean of the collegiate church of Westminster, or the high fteward of the city of Westminster, or either of the two universities". SUCH are the laws refpecting the affize of bread, as stated by Dr. Burn, with the additional notice of some enactments fubfequent to the last edition of that work". Which enactments constitute a code of law, in general, obligatory over all 2 13 Geo. III, c. 62, § 8, 9. § 14, 15, 16, 17. tice mere temporary regulations, as the prohibition to eat new bread, (41 Geo. III, c. 17, repealed by 42 Geo. III, c. 4.) the kingdom; but in fome particulars they have been varied in their application to this country. § 5. ASSIZE IN take proof which the of bread, corn, meal, fell for in THUS, as there are here fewer markets for grain, a different method is appointed for fixing the price; 3 Geo. III, c. 6, enacts, it shall and may be lawful, in that part of Great Britain called Scotland, for the magiftrates and jufti- Magiftrates and juftices ces of the peace, who are by the faid act authorized to fet to inquire the affize of bread, from time to time, and so often as they into, and fhall judge proper, within their refpective jurifdictions, to of, the inquire into and take proof of the prices which the feveral prices forts of grain, meal, and flour, fit and proper to make the feveral forts feveral sorts of bread which shall be allowed to be made by them, shall, bona fide, fell for in the public markets in or near and flour, the city, borough, or place, for which they are refpectively the public authorized to fet the afflize of bread; or where there are no markets, public markets for any particular fpecies of grain, meal, or flour, in or near fuch city, borough, or place, to inquire in- and where to and take proof of the present or laft felling price of fuch public marfpecies of grain, meal, or flour, whether of the growth of the take proof country, or brought from diftant places; to which felling of the preprice or prime coft fhall be added fuch an allowance for the felling price expence and risk of carriage or tranfportation, as from the thereof; inquiry and proof fhall, to the faid magiftrates and juftices afcertain the price of the peace, appear just and reasonable; fo as that the price of fuch grain, meal, or flour, be from time to time afcertain- cofts the ed, according to what thofe feveral fpecies do, or may truly coft the bakers, before they can manufacture the fame into bread. there are no kets, then to fent or laft fo as to the fame baker; notice to By fection fecond it is further enacted, that, previous they giving to the proof to be taken in the feveral cafes aforefaid, previous notice in writing fhall be given to the deacon of the in- the deacon corporation of bakers, or where there is no fuch incorpo- of the bakration, to any two reputable bakers within the city, bo- ny, &c. rough, or place, where fuch proof is to be taken, forty-eight ers compa ASSIZE IN § 5. hours at least before taking the fame, to the end that the SCOTLAND. makers of bread within such city, borough, or place, may, if they think proper, attend the taking fuch proof, and suggest fuch questions as may be proper to be put to the witnesses fummoned by the magiftrates or juftices of the peace refpectively, or offer fuch other witneffes or evidence as may appear proper for proving the prices of the grain, meal, or flour in queftion. The proof to proceed upon the oaths of two wit verfant in the prices; who may be fum AND the third fection provides, that fuch proof fhall only proceed upon the oaths of two or more credible witneffes, converfant in the prices of the several forts of grain, meal, or flour, which fhall be the subject of fuch inquiry, or by neffes con- writings legally proved; and that it fhall and may be lawful to the faid magistrates and juftices of the peace, within their respective jurifdictions, to fummon such person or perfons as to them fhall appear moft proper for that purpose, and to moned, and compel them to appear and give their evidence; and that compelled either by fuch remedies, and under fuch penalties, as are provided by the said act, in the case of perfons duly fummoned to give evidence, touching the rates and prices of the feveral forts of grain, meal, and flour, where the return of the prices of fuch grain, meal, or flour, shall be suspected as not truly and bona fide made, or by fuch remedies as are competent by the common law of Scotland, for compelling witneffes to appear and give evidence in any judicial trial before a competent court. to appear, and give evidence ; fo as they be not obli PROVIDED always, that the perfon or perfons fo fummoned be not obliged to travel above five miles from the place vel above of his, her, or their, abode 2. ged to tra five miles from home. Evidence to By fection fifth it is further enacted, that the whole evibe ingroffed dence to be taken as above, fhall be fairly ingroffed in a in a book, book, to be kept for that purpose, by the town-clerks of $5. ASSIZE IN neffes and book, and figned by the feveral cities and boroughs, where fuch proof shall be taken by the magiftrates, or by the clerk of the peace, SCOTLAND. where the proof thall be taken by the juftices of the peace; and figned and the evidence, as taken down in fuch book, fhall be by the witduly figned by the feveral witneffes, and by the magistrates magistrates or juftices of the peace who fhall take the fame refpective- taking the ly, according to the practice of the law of Scotland; and and the rethat fo often as fuch proof fhall be taken, the magistrates fpective or juftices of the peace, before whom the fame fhall be taken prices to be declared, respectively, fhall, immediately after closing the evidence, or as foon as it can conveniently be done, declare the prices of the feveral kinds of grain, meal, or flour, concerning which the inquiry has been made, according as thefe fhall appear to them to be proved, from confidering the whole evidence; and entered and which declaration fhall be ingroffed in the book appoint- in the faid ed to be kept as aforefaid, immediately after the evidence, and fhall be figned by the magistrates or justices of the peace refpectively, before whom fuch proof fhall be taken; and which book containing the evidence and declaration afore- which is to faid, fhall be open and patent to the infpection of the mak- public iners of bread, and all other perfons, without fee or reward; and fhall, to all intents and purposes, be deemed and taken to be equivalent to the returns or certificates of the market prices of all kinds of grain, meal, or flour, appointed to be The aflize taken by the said act: and the magiftrates and justices of and weight the peace in that part of Great Britain called Scotland, fhall of bread for thereupon proceed to fet, afcertain, and appoint, the affize afcertained and weight of all forts of bread which fhall be made for according fale, or exposed to fale, and the price to be paid for the fame within their respective jurisdictions, when, and as often, from time to time, as they fhall think fit, according to the directions, and agreeable to the tables enacted and referred to by the faid act. PROVIDED always, that when, and so often as any affize a § 6. the magi ftrates; be free to fpection. fale, to be thereto. 1 ASSIZZ IN $5. of bread shall be fet, ascertained, and appointed, for any city, SCOTLAND. borough, or place, within that part of Great Britain called The affize Scotland, by the magiftrates or justices of the peace emnot liable to powered for that purpose, fuch affize shall not be limited to be varied, endure for any certain time, but shall continue and stand in force until a new affize of bread be fet, afcertained, and apa new one pointed, by the said magiftrates or justices of the peace, for but to continue in force till is made. Upon appli cation and ed of a fuf riation of of the faid habitants or fince the fuch city, borough, or place respectively; any thing in the aforefaid act of the thirty-first year of the reign of his late majefty, to the contrary notwithstanding. SECTION seventh further enacts, that upon an application in writing by any two or more of the inhabitants or bakers, proof offer- within any city, borough, or county, where such affize of ficient va- bread fhall be fet, to the magiftrates or justices of the peace who set the last affize, or to the magistrates or justices of the the price of any fpecies peace of such city, borough, or county, for the time being, grain, by fetting forth, and offering to prove, by proper evidence, that any two in- the price of any of the species of grain before mentioned has bakers, rifen or fallen fince the last affize of bread was fet, so as to authorize an alteration of fuch laft affize, according to the aforefaid act of his late majefty, and tables therein referred to; in every such case, the magiftrates or justices of the peace, to whom fuch application shall be made, fhall, within their respective jurisdictions, be obliged to take evidence of the then current prices, in the manner before directed; and if, upon advifing fuch proof, they fhall find fuch a variation be taken of of the prices fince the last affize, as described in the said act, price, and a they fhall immediately fet and ascertain a new afsize of bread, new aflize which fhall remain till altered, agreeable to the directions conform herein before given. laft affize, fresh evi dence is to the current to be made AND by fection eighth it is further enacted, that in cafe any person or persons shall be convicted of any of the offences mentioned in the faid act, or in this prefent act, before any magiftrate or magiftrates, juftice or justices of the |