fiars การใช้
- In 1723 the court of session passed an Act of Sederunt for the purpose of regulating the procedure in fiars courts.
- Although long out of use, but they were perhaps of greater antiquity than the sheriffs'fiars, and the model upon which these were instituted.
- In one case, in 1838, the evidence was so carelessly collected that the second or inferior barley fiars were 2s . 4d . higher than the first.
- Co-existent, however, with these fiars, which were termed sheriffs'fiars, there was at an early period another class called commissaries'fiars, by which the values of teinds were regulated.
- Co-existent, however, with these fiars, which were termed sheriffs'fiars, there was at an early period another class called commissaries'fiars, by which the values of teinds were regulated.
- Co-existent, however, with these fiars, which were termed sheriffs'fiars, there was at an early period another class called commissaries'fiars, by which the values of teinds were regulated.
- Prices fixed by the Court for " Striking the fiars " were also used in the settling of contracts where no prices have been determined upon, e . g . in fixing stipends of ministers of the Church of Scotland, and were found useful in other ways.
- Its authority was entirely disregarded in one countyHaddingtonshire ( now East Lothian ) where the fiars were struck by the sheriff alone, without a jury; and when this practice was called in question the court declined to interfere, observing that the fiars were better struck in Haddingtonshire than anywhere else.
- Its authority was entirely disregarded in one countyHaddingtonshire ( now East Lothian ) where the fiars were struck by the sheriff alone, without a jury; and when this practice was called in question the court declined to interfere, observing that the fiars were better struck in Haddingtonshire than anywhere else.
- Fiars Prices served as a rule for ascertaining the value of the grain due to Court of Exchequer of the prices of grain within their counties, the court itself striking the fiars; and from an old case it appears that the fiars were struck above the true prices, being regarded rather as punishments to force the king's tenants to pay their rents than as the proper equivalent of the grain they had to pay.
- Fiars Prices served as a rule for ascertaining the value of the grain due to Court of Exchequer of the prices of grain within their counties, the court itself striking the fiars; and from an old case it appears that the fiars were struck above the true prices, being regarded rather as punishments to force the king's tenants to pay their rents than as the proper equivalent of the grain they had to pay.
- Fiars Prices served as a rule for ascertaining the value of the grain due to Court of Exchequer of the prices of grain within their counties, the court itself striking the fiars; and from an old case it appears that the fiars were struck above the true prices, being regarded rather as punishments to force the king's tenants to pay their rents than as the proper equivalent of the grain they had to pay.
- Down to that date the practice of striking the fiars was by no means universal over Scotland; and even in those counties into which it had been introduced, there was, as the preamble of the act puts it, " a general complaint that the said fiars are struck and given out by the sheriffs without due care and inquiry into the current and just prices . " The Act in consequence provided that all sheriffs should summon annually, between the 4th and the 10th of February, a competent number of persons, living in the shire, of experience in the prices of grain within its bounds, and that from these they should choose a jury of fifteen, of whom at least eight were to be heritors; that witnesses and other evidence as to the price of grain grown in the county, especially since the 1st of November preceding until the day of inquiry, were to be brought before the jury, who might also proceed on " their own proper knowledge "; that the verdict was to be returned and the sentence of the sheriff pronounced by the 1st of March; and further, where custom or expediency recommended it, the sheriff was empowered to fix fiars of different values according to the different qualities of the grain.
- Down to that date the practice of striking the fiars was by no means universal over Scotland; and even in those counties into which it had been introduced, there was, as the preamble of the act puts it, " a general complaint that the said fiars are struck and given out by the sheriffs without due care and inquiry into the current and just prices . " The Act in consequence provided that all sheriffs should summon annually, between the 4th and the 10th of February, a competent number of persons, living in the shire, of experience in the prices of grain within its bounds, and that from these they should choose a jury of fifteen, of whom at least eight were to be heritors; that witnesses and other evidence as to the price of grain grown in the county, especially since the 1st of November preceding until the day of inquiry, were to be brought before the jury, who might also proceed on " their own proper knowledge "; that the verdict was to be returned and the sentence of the sheriff pronounced by the 1st of March; and further, where custom or expediency recommended it, the sheriff was empowered to fix fiars of different values according to the different qualities of the grain.
- Down to that date the practice of striking the fiars was by no means universal over Scotland; and even in those counties into which it had been introduced, there was, as the preamble of the act puts it, " a general complaint that the said fiars are struck and given out by the sheriffs without due care and inquiry into the current and just prices . " The Act in consequence provided that all sheriffs should summon annually, between the 4th and the 10th of February, a competent number of persons, living in the shire, of experience in the prices of grain within its bounds, and that from these they should choose a jury of fifteen, of whom at least eight were to be heritors; that witnesses and other evidence as to the price of grain grown in the county, especially since the 1st of November preceding until the day of inquiry, were to be brought before the jury, who might also proceed on " their own proper knowledge "; that the verdict was to be returned and the sentence of the sheriff pronounced by the 1st of March; and further, where custom or expediency recommended it, the sheriff was empowered to fix fiars of different values according to the different qualities of the grain.