HC Deb 21 March 1889 vol 334 cc365-6
MR. DUFF (Banffshire)

asked the Lord Advocate if, under the existing Statutes regarding the striking of fiars' prices, it was competent for the Sheriff of the county to accept affidavits made and countersigned by a Justice of the Peace, and so abate the great inconvenience of compelling personal attendance at the county towns when the fiars' prices are struck; and, if the Sheriff has not got the power, would he amend the law in the direction indicated?


According to practice, witnesses personally attend at the Fiars' Court in all the counties except Argyllshire, in which county the evidence is taken on commission by Sheriff Substitutes or Justices of the Peace. I think, however, that, under the existing law, it would be competent for any Sheriff to accept affidavits, although it is obvious that the weight to be given to evidence untested by examination in Court would, in each case, be for the Sheriff and Jury to determine.