CHAP. V. A Of the Fiars and Assize. MID other matters of this nature, the regulation of the grain and bread was not overlooked. The sheriffs and stewarts, in their respective jurifdictions, have been in the practice, for time immemorial, to strike, in February, the fiars that is to fix the price of grain for the preceding crop; according to which fiars all bargains are regulated, whether the parties have not fixed any price, or have exprefsly made a reference to the fiars. This matter is re gulated by an act of federunt of the court of feflion. The purpose of striking is to ascertain the current medium prices a 21st December 1723. Act declaring and appointing the manner of ftriking the sheriff-fiars. The lords of council and feffion confidering that the use of the sheriff-fiars is to liquidate the price of victual in div ers proceffes that come before then and the fubordinate judicatories; and that there is a general complaint tha the faid fiars are ftruck and giver out by the fheriffs without due care and inquiry into the current and juf §2. II. THE affize of bread, again, is fixed from time to time by the magiftrates within the respective royal boroughs. prices; and that when some sheriffs proceed in ftriking the fiars by way of inqueft, yet they get not fufficient evidence to the jury; and that other Sheriffs proceed arbitrarily and without an inqueft; and that fome of them entirely neglect to ftrike fiars, which creates great uncertainty and much delay and expence in the adminiftration of justice. Therefore, the faid lords do hereby appoint and require the sheriffs of Scotland, and their deputes, yearly, betwixt the 4th and 20th of February, to fammon before them a competent number of perfons, living within the fheriffdom, who have knowledge and experience of the prices and trade of victual in thefe bounds, and from them to chufe fifteen men, whereof not fewer than tight fhall be heritors, to pafs upon the inqueft, and return their verdict an the evidence under-written, or their own proper knowledge concerning the fiars for the preceding crop, of every kind of victual, of the prodact of that theriffdom: and the faid Sheriffs and their deputes fhall, to the fame time and place unto which the jury is called, alfo fummon the propereft witnesses, and adduce them and all other good evidence before the faid jury, concerning the price at which the feveral forts of victual have been bought and fold, especially fince the Ift of November immediateby preceding, until that day; and alto concerning all other good grounds or arguments, from whence it may rationally be concluded by men of skill and experience, what ought to be established as the just fiar prices for the faid crop; and any perfons then present may, in open court, and no otherwife, and obferving due order and respect, offer information to the jury concerning the premises, and concerning the evidence adduced, or that might be adduced before them: and if it appear to the sheriff or his deputes, or to the jury, that the adducing of proper evidence has been any way disappointed, or that the evidence adduced is defective, the faid fheriff or his deputes fhall adjourn the jury till a certain and proper day, that fufficient evidence may then be laid before them; and the jury being duly fworn before the evidence be entered upon, when the fame is concluded, the faid jury hall be and remain inclofed till they have finished their verdict, which they shall return, figned by their chancellor and clerk, to the fheriff or his eputes, at the time and place fixed for that purpose by the said sheriff or his deputes, when the faid jury was inclofed and the faid fheriff or his deputes, fhall, on or before the first day of March, pronounce and give forth fentence according to the faid verdict, determining and fixing the fiar prices for the crop preceding, of each kind of victual, of the produce of that fheriffdom. And, farther, in fuch fhires, where the use and cutom has been, or where it may now be found needful and convenient, to ftrike differ ASSIZE. $2. ASSIZE. Former acts repeal ed. Power to fet the affize. And this matter being now entirely regulated by British ftatutes, we take this chapter from Dr. Burn. THE ftatute 31 Geo. II, c. 29, repeals all the former laws relating to the affize of bread, and re-enacts the fame, with additions and amendments. "Which, throughout the whole, "is a very regular and judicious act; fo that" (fays Dr. Burn)" the author hath nothing more to do than to abridge "the fame in the order as it ftands: not being able, in "point of method, to alter it for the better." To the intent that a plain, and conftant rule and method may be duly obferved, in making and affizing of the feveral forts of bread which fhall be made for fale, in any place where an affize fhall be thought proper to be fet; it is enacted, that it shall be lawful for the court, or for the perfon or perfons herein authorized to fet the affize of bread, to fet ent fiars, according to the different ftri&tly require, the fheriffs, and their deputes and clerks, punctually to obferve the premises; and that the fame be alfo obferved by the ftewards of Kirkcudbright, and of Orkney and Zetland, and their deputes and their clerks; and that the said sheriffs and ftewards, their deputes and clerks, do begin the obfervation thereof in February next, as they regard and will be anfwerable for the due execution of their offices. And the faid lords appoint this act to be forthwith printed and published; and the clerks of feffion are to give an extract thereof to each fheriff and steward-clerk aforefaid gratis, to the end it may be recorded in the faid fheriffs and ftewards books, which the faid fheriff and steward-clerks are hereby enjoined to do accordingly. ASSIZE. to the bak ers. the aflize. or afcertain in any place within their jurisdiction, the aflize § 2. and weight of all forts of bread which fhall be made for fale, or expofed to fale, and the price to be paid for the fame, when and as often as they fhall think proper. And In proportherein respect shall be had to the price, which the grain, tion to the price of meal, or flour, fhall bear, in the market or markets, in or near corn. to the places for which fuch affize fhall be fet ; and mak- Allowance ing reafonable allowance to the bakers for their charges, labour, and profit, as they fhall deem proper . Where an afPenalty of fize fhall be thought proper to be fet, no perfon fhall make difobeying for fale, or fell, or expofe to or for fale, any fort of bread, except wheaten and household (otherwife brown bread), and fuch other forts of bread as fhall be allowed in the affize: but where it hath been usual to make, or the perfons fetting the aflize fhall allow the making of bread, with the meal or four of rye, barley, oats, beans, or peafe, or of any fuch different forts of grain mixed together; the fame may be there made and fold accordingly and if any perfon fhall offend in the premifes, and be convicted thereof, by confeffion, or oath of one witness, before any magiftrate or justice within the limits of their jurifdiction, he fhall forfeit not exceeding nefs. 40s. for lefs than 20s". And in every place where an afsize Tables of hall be thought proper to be fet, the affize and weight of the feveral forts of bread which fhall be there made, fhall be fet according to certain tables. and bak- The penny loaf Quartern loaf, Half peck, Peck loaf, Wheat. Houfhd Wheat. Houfh Wheat. Houth Wheat. Houthi Mig. s. d. oz. dr. oz. dr. 29 22 4 29 4 3 020 4 27 I 17 3 3 18 9 25 4 36 6 23 3 3 916 4 0 15 4 20 64 21 6 One justice. One wit aflize. |