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and hold land or tenements by one title,
pro indiviso, or without partition.

These are distinguished from sole or
several tenants, from parceners, or from
tenants in common ; and they must joint-
ly implead and jointly be impleaded by
others, which property is common be-
tween them and coparceners ; but joint
tenants have a sole quality of survivor-
ship, which coparceners have not ; for if
there are two or three joint tenants and
one has issue and dies, then he or those
joint tenants that survive, shall have the
whole by survivorship.

If an estate is given to a pleurality of
persons, without adding any restrictive,
exclusive or explanatory words, as if an
estate is granted to A and B and their
heirs, this makes them immediately joint
tenants in fee of the lands. If there are
two joint tenants, and one releases the
other, this passes a fee without the word



heirs, but the tenants in common cannot
release to each other, for the release sup-
poses the party to have the thing in de-
mand, but tenants in common have seve-
ral distinct freeholds which they cannot
transfer otherwise than as persons who
are sole seized.

The right of survivorship shall take
place immediately upon the death of the
joint tenant, whether it is a natural or ci-
vil death. Joint tenants may make par-
tition ; the one party may compel the
other to make partition, which must be
by deed ; that is to say, all the parties
must by deed actually convey and assure
to each other the several estates which
they are to take and enjoy, severally and
separately.

Jointure. — A jointure, strictly speak-
ing, signifies a joint estate, limited to
both husband and wife, but in common
acceptation, it extends also to a sole es-
tate, limited to the wife only, and may
be thus defined, viz: a competent liveli-
hood of freehold for the wife, of lands
and tenements, to take effect, in profit for
possession presently after the death of
the husband, for the life of the wife at
least.

Judgments. — The opinion of the
judges so called, and is the very voice
and final doom of the law, and therefore
is always taken for unquestionable truth;
or it is the sentence of the law pro-
nounced by the court, upon the matter
contained in the record.

Judgments are of four sorts. — 1.
Where the facts are confessed by the
parties, and the law determined by the
court, which is termed judment by
demurrer. 2. Where the law is admit-
ted by the parties, and the facts only are
disputed, as in judgment upon a demur-
rer. 3. Where both the fact and the
law arising thereon are admitted by the
defendant, as in case of judgment by
confession or default. 4. Where the
plaintiff is convinced that fact, or law, or
both, are insufficient to support his ac-
tion, and therefore abandons or with-
draws his prosecution, as in case of a
judgment upon a nonsuit or retraxit. —
Judgments are either interlocutory or
final. Interlocutory judgments are such
as are given in the middle of a cause, up-



186



ON SMUT IN WHEAT.



on some plea, proceeding, or default,
Avhich is only intermediate, and does not
finally determine or complete the suit ;
as upon dilatory pleas, when judgment in
many cases is that the defendant shall
answer over ; that is put in a more sub-
stantial plea. Final judgments are such
as at once put an end to the action, by
declaring that the plaintiff has either en-
titled himself, or has not to recover the
remedies he sues for.

Juglans, the walnut, a genus of the
monoscia class, and polyandria order of
plants; and in the natural method rank-
ing under the fiftieth order amentacese.

Juniperns, the juniper tree ; a genus
of the monadelphia order, in the monoe-
cia class of plants ; and in the natural
method ranking under the fifty-first or-
der, coniferoe.

The propagation of the juniper is by
seed. Juniper berries have a strong, not
a disagreeable smell, and a warm, pun-
gent, sweet taste, which, if they are long
chewed, or previously well bruised, is
followed by a bitterish one. The pun-
gency seems to reside in the bark ; the
sweet in the juice; the aromatic flavor
is oily vesicles spread thi'ough the sub-
stance of the pulp, and distinguishable
even by the eye ; and the bitter in the
seeds.

Justification, in law, is an affirming
or showing good reason in court, why
one does such a thing as be is called to
answer ; as to justify in a cause of reple-
vin.



ON SMUT IN WHEAT.

BY T. BACHELOR.

This gentlcinan having bad his atten-
tion particularly called to the subject of
this paper by some observations in the
Magazine, determined to commence a
series of experiments, to ascertain, if pos-
sible, the nature and cause of the disease,
as well as to discover whether or not it
was infectious. The experiments were
made on a limited scale, as they occupied
little more than two poles of a garden,
sheltered from the north winds by a clip-
ped hedge of more than four feet high.
The ground had not been manured for
the purpose, but was in rather better con-
dition than arable lands generally are;



and the kind of wheat which was sub-
jected to the experiments was the com-
mon red lammas. The crop was pulled
about the middle of August, and the roots
and ears carefully numbered, as well as
accurately assorted.

No. 1, was clean wheat rubbed with
dry smut and sown at the interval of an
hour: of this, sixty-two roots produced
538 ears of corn; twelve of these roots
had all good ears; fifteen of them all
smutty ears; and the remaining thirty-
five had some ears of both kinds; — the
whole number of good ears was 246, and
of smutty ears 292.

No. 2, was the same wheat soaked for
an hour in water, in which smut had been
thoroughly mixed: of this, fifty-two
roots produced 443 ears, of which 264
were good, and 179 smutty; the different
roots producing some all good ears, some
all smutty, and some of both kinds, as
before.

No. 3, was conducted the same as No.
1; — sixty-one roots produced 3S4 ears,
of which 156 were good, and 228 smutty.

No. 4, was conducted the same as No.
2: — sixty-three roots produced 355 ears,
of which 144 were good, and 2 1 1 smutty.

No. 5, was clean corn picked out of
many smutty ears: — and eight roots pro-
duced eighty-five ears, eleven of these
were blasted ears, seventy-three were
good, and one only was smutty ; some of
the roots had all the ears good, and some
mixed ears, but there was no root en-
tirely smutty.

No. 6 and No. 7, were both clean
wheat of different samples, and were sown
without any preparation: 120 roots ))ro-
duced 933 ears, of which five only were
smutty ; three ofthese five were on the same
root, which produced three good ears.
As the proportion here was 183 good
ears to one of smut, Mr. Bachelor con-
cludes that it is nearly the same as hap-
pens in common crops, for he had no
reason to believe that they were caused
by any infection of the seed previous to
sowing; and he conceives the case analo-
gous to the gaol fever, canine madness,
&c., among animals; which, though
known to be infectious, yet often origi-
nate in a manner for which no cause can
be assigned. He also observes that



J



ON SMUT IN WHEAT.



187



though these plants were all sheltered
from the north-east wind, yet there was
mildew on ever individual stalk. From
this circumstance he denies the supposed
connexion or affinity between finiiif. and
mildew, or, that the north-east wind (as
some have confidently asserted,) is the
cause of either.

The first four experiments were stated
to have been made for the purpose of as-
certaining whether the smutty powder
possesses the power of propagation; and it
is argued froni the result that it has; be-
cause the diff^erenee ofproportion between
the smut in these, and lot No. 6 and 7
was too great to have happened by
chance, when the corn was all sown in
the same day, on the same soil, and un-
der similar circumstances.

No. S, was smutted wiieat dressed with
hot lime, and sown after an interval of
twenty hours: of this, twenty-seven roots
produced 243 ears, six of them only being
smutty, and these were distributed on six
diflerent roots.

No. 9, was the same smutted wheat
rubbed over with mercurial ointment,
and sown twenty-two hours afterwards:
of this, ten roots produced 107 ears, of
which nine were smutty.

No. 10, was the same wheat washed in
water and soaked twenty-three hours: of
this, thirty-three roots produced 275
ears, ninety-eight of them being smutty.

No. 11, was smutted wheat dressed
with lime, in the same manner as No. 8,
and after an interval of forty-eight hours:
of this, twenty-seven roots produced
250 ears, and every one of them good.

No. 12, was smutted wheat soaked
fifty-four hours in water; twenty roots
produced 200 ears, but sixty-eight of
them were smutty.

No. 13, was dry smut, nineteen roots
pioduced 173 ears, of which, nineteen
only were smutty, and these were dis-
tributed on six roots only.

No. 14, was clean wheat bruised with
a hammer, (as bruising had been some-
times thought a cause of smut,) only five
seeds vegetated, which produced eighty-
one ears, all good corn.

No. 15, was smutted wheat dressed



afterwards; eleven roots produced 103
ears, and all without smut.

No. Iti, was the same wheat soaked in
urine only, and sown at the same inter-
val: twenty roots produced 131 ears, but
forty-one of them were smutty.

No. 17 and No. IS, were smutted
wheat, dressed with lime and urine, and
sown ; the first at an inleival of three
hours, the latter, of six hours: No. 17;
had no smut out of 1L4 ears, and No. 18
only three smutty ears out of 19S.

No. 19, was the same smutted wheat,
soaked in urine only, for six hours, and
there w^ere seventy-one ears smutty, out

of no.

No. 20 and No. 21, were wheat of
diflerent samples, but equally smutty.
Tliese were each soaked for eight hours:
No. 20, which was soaked in urine and
lime, produced fifty-five ears of good
wheat, and no smut; and No. 21, soaked
in urine only, produced sixty-three ears
of smut, to forty-one good earS.

No. 22, vvas smutted wheat, dressed
with mercurial ointment, and sown at
the end of five days; ten roots produced
fifty-seven good ears, and four smutty
ears.

No. 23, was the same wheat, soaked in
water for the same time; seventy-nine roots
produced only fifty-two good ears, and
105 ears were smutty.

No. 24, was the same wheat dressed
with lime, and suffered to remain also
five days before sowing: the produce from
sixteen roots vvas fifty-six ears, of which
fifty-five were good, and one blasted, but
there was no smut.

From the result of the seventeen last
experiments, it is contended, that dress-
ings are useful in obviating the smut in
wheat, it being evident, also, that all are
not equally useful, since that which vvas
washed with water alone, was propor-
tionably more productive of smut than
that which was dressed with urine ; and
that dressed with urine alone, more pro-
ductive of smut than that which was
dressed with lime. The experiments
Nos. 16, 19, and 21, relate to urine alone,
and the produce was, in the aggregate,
more than two-thirds smutty. It is in-
ferred, therefore, that urine alone cannot



with lime and urine, and sown an hour be of any utility in preventing the infec-



188



ON SMUT IN WHEAT.



t>on of smut, and that these experiments
form additional proof that the disease is
infectious. Theexperiments, Nos. 8, 11,
and 24, are on tlie power of lime as an
antidote, which perfectly succeeded in
Nos. 1 1 and 24, though it was not entirely
infallible in No. 8. But, on the whole,
the results were what might reasona-
bly be expected by those who held lime
to be the most effectual, though not in
all cases an infallible, remedy. The ex-
periments, Nos. 15, 17, 18, and 20, with
a mixture of lime and urine, ai'e noticed
as very efficacious, but are not held to be
sufficient to determine whether the vir-
tues of lime are increased or diminished
by a mixture of urine: and the same
doubts are conceived to apply to salt,
though no experiment was made with
that substance. Smearing the wheat over
with mercurial ointment, as in Nos. 9 and
22, was apparently useful in preventing
the smut, but was at the same time pre-
prejudicial to vegetation, by excluding
air and water from the corns: this unu-
sual prescription was employed on ac-
count of its known efficacy in destroying
vermin animalculae; and consequently it
would have destroyed the smut, if caused
by the depredations of the latter, as some
have supposed. The general appearance
of the corns was good, and they were
found to be heavy.

According to the best observations of
this writer, there were no previous tokens
of smut, most certainly no appearance of
blue mucus on the chaff, or sickly yellow
on the ear; but the smut balls might be
distinguished as soon as the ear made its
appearance. Mr. Bachelor has, both in
this and former years, seen ears com-
pletely smutted that had never seen the
light, and therefore these could not pos-
sibly have been burnt by the cold north-
east winds.

The distinguishing external character
of a smutty ear is said to be its dark blue
green color, in which it is similar to the
stalk below the ear; but the stalks and
leaves of sound wheat, and smutty wheat,
arc stated to be precisely the same.

The opinion that smut is caused by
cold north-east winds is combatted with
much successful argument; and these ex-
periments, conducted on the spot com-



pletely sheltered from such winds, are
referred to as decisive of that point, but
it is admitted that blasted ears may be
occasioned by lightning, or some other
atmospheric cause; but as it is certain that
blasted ears like those of smut, generally
proceed from the same root, it is contend-
ed, that to that root we ought principally
to look for the cause of the disease: for
these diseases may perhaps derive their
origin, in part, from seminal infection,
and in part from such substances as the
root may meet in the soil, or it may be
constitutional defect in the seed.

Nor does it appear to this writer that
the blight or withering of the leaves has
much to do with the mildew, since the
former happens early in the spring, and
the latter, late in the summer; and he
apprehends it can never be seriously
believed that the smut can be communi-
cated to the growing crop, though it cer-
tainly may to the seed.

On a comparison of the powder of
smut with wheat-flour, by using a micros-
cope which magnified the diameter of
the object about 120 times, the smutty
powder appeared to consist entirely of
globules, perfectly similar in size and ap-
pearance, and partially transparent, as
light was perceptible through the middle
of them, and their apparent size, when
magnified, was about one-fourteenth part
of an inch, and consequently their real
diameter about the 16S0th part; but the
appearance of wheat-flour was considera-
bly different, for this consisted of globules
of various sizes, mostly about one-half
more in diameter than those of the
smuttj'' powder, and among these a quan-
tity of smaller particles, of a size and
shape scarcely definable.

Mr. Bachelor has little doubt that the
larger parts of wheat-flour are the starch,
and the smaller kind compose the vegeta-
ble gluten, which possesses much alliance
to animal matter. The meal of a blasted
ear of wheat consisted of particles much
smaller than those of smut, and is there-
fore presumed to be a different substance:
and though it might be thought, from
the disagreeable smell of smut, that the
vegetable gluten, (the only psrt liable to
putrefaction,) was also the only part de-
stroyed by that disease, while the farina,



REMARKS UPON THE TEETH OR COGS OF WHEELS.



189



or material of starch, was only blackened
by it, yet strong difficulties are asserted
to oppose this opinion, the most material
of which is the indissoluble nature of the
particles of smut, which seemed to be lit-
tle affected by the power of boiling water,
spirit of salt, oil of vitriol, or aquafortis:
but a solution of soda appeared to exert
the greatest power on this mysterious
substance, which, though it did not dis-
solve the globules, yet seemed to render
many of them more white and pelucid,
and separated from a substance, the par-
ticles of which were too small to be dis-
tinguished by the magnifying power em-
ployed.

If then the infectious nature of the
smutty powder be acknowledged, and if
the infecting substance consists of the
relics of any putrid matter, it is contend-
ed that there is the strongest reason to
believe that either lime, potash, soda,
spirit of salt, oil of vitrol, aquafortis,
arsenic, or corrosive sublimate, are ca-
pable of destroying or neutralizing this
substance, so far as to prevent any infec-
tion from taking place: and among these
ingredients lime is held to be the most
eligible, both on account of its cheapness,
and the little power it possesses of de-
stroying vegetation: many instances,
however, of its inefficacy may arise from
the mildness of its operation, and it may
be many hours before it can produce its
full effect. This writer is of opinion that
the failure of lime to destroy smut may
almost always be traced to an imperfect
application, for it has been the unvarying
complaint of many writers on husbandry,
that " seed is seldom steeped a sufficient
length of time." And though he consi-
ders lime the most efficacious of all re-
medies for smut, yet he thinks there is
no rational ground to expect a perfect
cure of smutty seed, unless it be steeped
in strong lime-water for at least 12 hours.

Note. — The spirit of salt is mentioned
in the above experiments, but not a sim-
ple brine made with salt and water. It
is certainly worthy of experiment to
make trials of this substance at different
temperatures from that of the freezing
point, to that of boiling water, (32° to
212° Fahr.,) or to still greater extremes
each way.



Unleached wood-ashes, and ley pro-
duced from this substance, of the same
range of temperatures is also worthy of
trial: this as well as the brine possesses
the advantage of cheapness, and can be
procured almost at any time and
in any place where they may be
required for this purpose. Iti mak-
ing trial of the brine or ley, per-
haps it would be well to extend the ex-
periments with these substances at dif-
ferent degrees of strength from the
weakest solution vp to the point of
saturation where it ceases to be a li-
quid. Jjgric. Mag., No. 27.



For the Observer and Record.
REMARKS UPON THE TEETH OR COGS OF
WHEELS, SHOWING THE PROPER FORM
TO BE GIVEN TO THEIR ACTING SIDES
OR FACES.

Wheels working in contact should al-
ways fulfil the following conditions,
namely:

1. The relative velocity of the peri-
pheries should be uniform.

2. There should be the least possible
rubbing or friction between the acting
sides or faces of the teeth.

3. There should be the least possible
crowding asunder of the wheels.

4. The shape of the teeth should be
such that those formed upon the exterior
convex surface (called spur-wheels) of
the smallest size, should work into or be-
tween those on any intermediate convex
surface from those of the same size up to
the largest, and also into or between
teeth placed in a straight line (called a
rack.)

5. The same small spur-wheel should
(besides working between the teeth of
the aforesaid spur-wheels and rack, and
driving them, or heln^driven by them)
be capable of driving wheels with the
teeth formed on the interior surface or
concave part, and also be driven by them,
if required.

In order that the reader may readily
understand the following description, I
will, in the first place give the definition,
of some of the terms used. The part of
the tooth which joins the wheel, I call
the base of the tooth: the opposite ex-
tremity, I call the end of the tooth.



190



REMARKS UPON THE TEETH OR COGS OF WHEELS.



The parts of the teeth that are in con-
tact respectively, when in operation, I
name the faces or acting sides of the
teeth.

The parts that join the base, end, and
faces, I call the edqes of the teeth.

The concentric convex circle at the
base of the spur-cogs, I call the periphery
or circumference of the wheel.

The straio;ht lines meeting the peri-
phery and the centre, are named rudii.

The straight lines that intersect the
periphery and radii, and at right angels
to the latter, are called tangents.

A curve where all the radii are so ma-
ny tangents to a circle developed, and are
also all respectively perpendicular to the
several points of the curve described,
(which has for its greatest radius a line
equal to the periphery of the circle evolv-
ed,) is named an involute.

The diameter of the wheel is a straight
line passing through the centre of the
wheel from the peripher}' on opposite
sides of the centre, or axis.

The interior surface of the wheel is
called the concave surface.

Where the acting faces of the teeth
extend beyond a straight line from the
base to the end of the tooth, they are
called convex faces. And where the
parts between the base and end do not
extend so far as to meet a straight line,
the term concave face is used.

Where the ends of all the teeth of a
wheel are equidistant from the centre,
and where the base of each, is connected
with the periphery of a cylinder, it is
called a spur-wtieel. When the base of
the teeth are connected with the frustum
of a cone it is called a bevil-wheel, and
when the cone, from the base to the apex
is at an angle of forty-five degrees from
the centre it is called a mitre-iv/ieel.

When the base and end of each tooth
is equidistant from the centre or axle of
the wheel, it is denominated a face-
ivheel.

Where all parts of the teeth are in
straight lines, and are intended to move
in that direction to and fro, the term rack
is given. When the motion is intended
to be to and fro. and not in straight lines,
I use the term circular rack.

The circle upon which the divisions



between the respective teeth, and the
spaces between them, are laid off, is call-
ed the pitcfi circle or line, and the points
thus laid off for the respective acting
faces of the teeth is called the pitch of
the wheel.

Now let us suppose a wheel or pattern
on which we wish to form teeth for a
spur-wheel: the periphery of the wheel
and the part for the ends of the cogs be-
ing concenti'ic, and the former extending
the fourth of an inch beyond the parts
which are to form the edges of the teeth,
so that a wire or string can be wound or
wrapped round the periphery at the base
of the teeth. The parts for the edges of
the teeth, also, dressed to perfect planes
at riglit angles to the axle of the wheel..
The planes thus prepared, are to be
covered with varnish, or otherwise pre-
pared to receive a fine true mark or scribe
with a pointed instrument, as hereafter
described.

1. Prepare an extremely fine wire,
the length of which should be a little
more than the circumference of the
wheel with the thickness of one tooth at
the base added: paint the wire of a light
color, and let it become dry, — reduce the
heads of two small needles, each to a
point as near the eye as possible consis-
tent with the necessary strength, when
they are used as scribes, to trace lines
on the edges of the teeth; pass a needle
upon each end of the wire and confine
them upon it at a distance asunder, equal
to the thickness of a tooth at the base,
added to tlie circumference of the wheel:
by riveting the ends or in any other con-
venient manner. Decide upon the thick-
ness of each tooth and space between
each respectively at the base, and mark
with black ink the divisions on the wire,
^vith a fine pen, (this should be done
with perfect uniformity if possible.)
Then wrap the wire round the circumfe-
rence of the wheel, and let the needles
pass each other equal to the thickness of
a tooth; confine one of them by sticking
the point into the wood, (at the angle
between the wheel and tooth.) parallel
with the axis of the wheel; then with the
point of the other needle, while the needle
itself is kept parallel with the axis of the
wheel, trace a line from the base of the



PRESERVATION OF FRUITS, ETC.



191



tooth to its end; the wire is kept stretch-
ed during the operation: the curve thus
formed is an involute. The point which
traced this, is then to he made fast at
the place of beginnins:, and the other
side of the tooth traced in like manner
with the point of the other needle; the



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