Some Account of Remarks on the Plan of a TH The principal objections to the date bill, which it is proposed to obviate in the future are these. 1. The rate is to be laid by the inhabitants, and not by the furveyor; the confequence of which will be, that no rate will be laid at all; for the parishioners will not tax themselves. the peace, who fhall felect one of them by writing his own name over against the name of the perfon felected: This choice is to be confirmed by two juftices at the special feffions: It shall be made annually, and the furveyor fo chofen fhall be called the parish furveyor. 2. He fhall, within a month after his appointment, furvey all the roads in his parish, and give an account of the state of them in writing. 3. The two next juftices fhall, at the fpecial feffions, within one month B after the appointment of the parish furveyor, hire a perfon well fkilled in the making and repairing roads, who fhall be called the public furveyor, whofe bufinefs it shall be to hire men, horfes, and carriages, with the money raised by the affeffment, and lay it out properly in the repair of the roads within C a district of 4, 5, or 6 parishes in which he fhall have no intereft, & with which he fhall have no connection; for which fervice he fhall be allowed one fhilling in the pound per annum, upon the affeffment which he fo lays out. 2. The furveyor is appointed from among the inhabitants by rotation at the special feffions, and by this rotation the choice of a proper furveyor is prevented; he is also a perfon connected in intereft with the parishioners; he will, therefore, to avoid a D rate, report the roads to be good when they are not; and as he is to hire a perfon to expend the rate, if a rate is laid upon the highways, he will be tempted to hire a friend and make it a job. 3. This propofed affeffment will be an additional land-tax, and fall ultimately upon the landlord. E F The first of these two objections it is propofed to obviate in the new bill. As to the third, it is afked, when the tenant can draw loads with three horfes, which now oblige him to keep five; when his tackle and carriages will laft twice as long; when he can bring his manure that lies at a distance in half the time, by bringing larger loads, and going oftener in a day; and when he can carry his corn to market at all times of the year, fo as to fell it to moft advantage, what thould prevent the landlord from raifing his rent, at G lealt in fuch proportion as to pay the affeffment? And if his rent is thus raised, how will the affeffment fall ultimately on the landlord. The plan of the new bill is in fubftance as follows: 1. The furveyor for the time being fhall write the names of any three fubftantial houfholders of the parish, not occupying less than sl. per ann. nor poffeffing less perfonal estate than 2001. and carry them to the next justice of (Gent. Mag. APRIL 1765.) H 4. The two next juftices fhall order the parish furveyor to lay an equal rate not exceeding fix-pence in the pound, on all occupiers of land and houses in the diftrict of which he is furveyor, who fhall give publick notice that fuch rate will be laid on the Sunday next after the order for laying it: Within three days afterwards, the furveyor fhall carry his affeffment to the laid juítices, wPo fhall examine upon the oath of the furveyor whether it be fair and just, and then cause it to be collected by the parifh furveyor, who fhall pay it to the publick furveyor, taking a receipt on the back of the order. 5. The justices ftall direct what roads fhall be firit mended, expending the rate raised in each diftrict on the roads of that district. 6. The publick furveyor fhall have power to make new ditches, and to tock up trees in the hedges on the road fide, and to new make, or cut low any hedges or ditches, to the height of three feet above the bank; alfo to remove all gates, pofts, and other annoyances. 7. If any road fhall want widening, two justices, upon application of the publick furveyor, fhail have power to order a fpecial feilions, at which the furveyor fhall give in writing an ac count of the length and breadth of the land wanted to widen it, to whom it belongs, in what parish it lies, and whom it is occupied. Upon 158 Remarks on a Plan for Amending the Highways. juftices fhall fummons the tenant and the owner of the land, dwelling in the fame county, and make an agreement for the purchase of the land. If the owner or tenant does not appear, then upon oath taken that they were properly fummoned, the juftices fhall order that the land be taken into the highway, and afterwards put fuch value upon it as any two creditable men fhall judge reasonable; fuch land not to exceed 8 yards in breadth, a new fence to be made, and the timber cut down left on the owner's premises. The juftices alfo are empowered entirely to change the courfe of a highway if it shall be neceffary, and they can agree with the owner of the land through which the new way is to be carried t. A B 8. The publick furveyor fhall have power to fearch for gravel in any man's C land in the parish, where the road is to be repaired, not being his house, yard, garden, orchard, or avenue. If any difpute fhall arife, the juftices to fettle it, and order the owner of the land to be indemnified for the damage he fhall fuffer. The publick furveyor fhall also have a way to fetch fuch gravel, &c. through any field, keeping fuch way within the breadth of 30 feet, and making good any material damage that may happen. D 9. Upon oath made by the publick furveyor that he has expended more than the rate, the faid two juftices fhall order him to be reimbursed by a far- E ther affeffment. All overplus to be accounted for. 10. If it appears upon oath of two witneffes that the highways in a certain diftri& cannot be effectually repaired by a fixpenny rate, and if fix days notice is given that a further rate will be applied for, the juftices are impowered to lay fuch farther rate; not, however, exceeding another fix-pence in the pound. 11. All rates, by virtue of this act, fhall be born by the tenants, but no person fhall gain a settlement by paying them. *We are not told what is to be done if the poffeffor does not live in the country; nor how much time is to be given them between the fummons and the attendance; but we are told that notice left at the dwelling house of the tenant shall be deemed notice to the owner. Thefe particulars feem to make a revifal neceffary. + We are not told what is to be done if they cannot agree with the owner; or if an owner attends the fummons for widening the road, and will not fell. G H 12. Rates refused to be paid may be levied by diftrefs under a warrant figned and fealed by two juftices; if fufficient diftrefs cannot be found, the mainprize till he has paid the rate party to be committed without bail or and the costs incurred by his refufal. 13. As the ftatute work is ftill done on thofe roads that are under the direction of commiffioners of turnpikes, and as fuch ftatute work will be abolished by this act, and a rate fubftituproportion of this rate, equivalent to ted in its ftead, it is enacted that a the itatute-work to be done on turnpike roads, be paid to the commiffioners as an equivalent: The turnpike furveyor to make oath that he has expended all the money received by him in repairing that part of the road ly. was given, before he receives any more. ing within the district for which it 14. Both the parish and publick furveyor fhall give up their accounts at the end of the year upon oath; the justices to examine them and tranfmit in the veftry. In these accounts no them to be perused by the parishioners money spent at parish or other meetings thall be allowed, but the furveyor's neceflary charges only; and if any frauds appear, the juftices fhall fend the party to the house of correction. The furveyors to pay the money in their hands to their fucceffor within fix days, and if they refuse or delay ballance, they fhail be committed withto make up their accounts, or pay the out bail or mainprize till the account is made, or the ballance paid over. 15. Surveyors guilty of neglect, to forfeit any fum not more than 51. nor less than 20s. to be levied by distress, repair of the highways. and applied in aid of the rate for the 16. If a furveyor fhall die, remove, or become infolvent, another fhall be appointed in his room for the remainder of the term. 17. Two juftices fhall have power to appoint a special feffions whenever they think proper. 18. If any difpute should arise concerning the parish or diftrict in which a highway lies, it fhall be determined by the justices at the quarter feffions, till it can be otherwife determined by the courfe of common law. 19. No perfon inhabiting a house or cottage not exceeding 40s. a year, shall be affeffed in virtue of this act. 20. The highways being greatly injured by carriages carrying exceffive weights, no broad wheel waggon shall carry carry more than 4 tons; no broad wheel cart more than two tons; no narrow wheel waggon more than three tons; no narrow wheel cart more than one ton and an half, except the load be one stone, one piece of timber, or fome one mass that cannot be divided. Carriages may be drawn with as many horfes as the driver thinks fit. Weighing engines to be erected, and twenty hillings penalty for every hundred to be levied for over-weight. 21. Difputes concerning the affefsment to be finally determined at the quarter-feffions. 22. No indictment shall be removed into any other court_than the county court in which the difference shall rife. 23. This act not to extend to Septland, London, Weftminfler, or Brifol, where the streets are repaired by particular acts of parliament. A B 24. All acts requiring ftatute work C to be repealed fo far as they relate to that particular. was transported into Sicily, and King Dionyfius caufed feveral to be tranf planted from Rhegium in Calabria, for a fhade and ornament to his royal pa. lace. The Plane-tree is by Pliny and Theophrafius ranked among trees of longest duration, and Pliny mentions one of them to be then growing in a wood in Arcadia, which Agamemnon planted with his own hands. This ftately tree was in fuch repute with the Greeks, that they planted walks and groves of them near their schools at Athens; and one of them was grown fo large that its roots extended 36 cubits beyond the shade of its branches. Pliny alfo mentions the celebrated plane of Lycia, which grew on the great road near a fountain, and the trunk of which was no less than 81 feet in circumference; its branches were of fo vaft a fize that he compares them to great trees, and its fhade fo close and extensive it seemed like a little wood. It was then grown hollow with age, and he calls it a kind of houfe, or vegetable grotto, there being many banks, or feats of mofs withDin it, which rendered it a fill more welcome retreat to the weary travel. ler. This magnificent tree was fo much admired by Licinius Mutianus who was governor of the province, that, to make it memorable, he frequently banquetted in it with 18 of his friends. The dry fmooth leaves that had fallen, ferved for a carpet under their feet, and when it rained the conful took great pleasure to hear the ratling noife, and the falling of the water, drop by drop, from leaf to leaf, E It is judiciously obferved by this author that the acts now in force concerning the highways are fo numerous that the fum of the law, resulting from the whole, now unrepealed, is very difficult to be known, and requires much reading and great labour; and therefore that it is highly defirable the whole should be reduced into one regular, clear, and confiftent ftatute, and all others repealed. That it would be a work of great intricacy, difficulty, and labour, fo to reduce the multifarious ftatutes relative to the highways, into one, will be readily granted; yet this, at prefent, must be done by every one that is concerned in the execution of them, if he would intelligently and faithfully do his duty. It is certainly better that this talk F fhould be performed, once for all, by a person skilled in the law, and felected for the purpose, than impofed on gentlemen who, though well qualified to execute the laws of their country when they know them, cannot be fupposed to be qualified to extract the jaw like a quintefcence from as many volumes as they can lift, in which it is perplexed and obfcured by every thing that can obfcure and perplex. An Account of the Eastern PLANE-TREE, or SYCAMORE. G on the branches above. A ftately Plane tree is now growing near a fountain at Cortina in the Isle of Candia, which was much celebrated both by Greeks and Romans. It is faid never totally to lofe its leaves; poskbly the fact may be true; and it may be the effect of that mild climate: But the Greeks, who delight in fables, fay this gift was bestowed on it by Jupiter for concealing his amour with Europa. Elian records that Xerxes was fo de lighted with the fhade of a Plane treg, in the plains of Lydia, that he repoled himself and his court fome days under it, ftripping his retinue of their jeweis to adorn it, as memorials of his grati PLINY, the earliest author that men tude for its protection, thinking the tions this tree, fays it was brought from Afia into Greece, and then carried by fea from Albania to the Isle of Diomedes, at that time called Pelagofa, to adorn his tomb. From thence it delay of the march of his vaft a: Pliny tells us the next progress of the Plane tree was from Sicily to Italy, where it was foon fo much admired for its beautiful verdure and refreshing fhade by the Romans, that they indulged their merry meetings under it, and beftowed libations of wine on its roots to increase its fertility. A B The emperor Caligula was ftruck with admiration at the fight of a stupendous Plane tree that he met with at Veletri. Some horizontal branches of this tree were fo difpofed by their natural growth, that they made the floor of a room; others rifing like benches round it, formed feats, and others rifing ftill higher, compofed a commodious arbour, fo well contrived to receive company that the emperor made a banquet in it to entertain himfelf and 15 guests, there being fufficient space befides for all the waiters that attended the feftival: He was fo C pleafed with it that he called it, his neft. All travellers into Perfia have expreffed their admiration when they vifited the royal gardens at Ifpalan, and faw the stately walks and groves of Plane trees which preferved their refreshing fhade and verdure in that hot p dry country, canals of running water being contrived to refresh their roots continually. Oelarus obferved them in the year 1637, and fays, the Perfians make much ufe of the wood for doors, windows, &c. The wood of the old trees is brown and full of veins, which being rubbed with oil, looks much better than the finest walnut tree. The Plane tree is called in Perfia Tzinnar. Pliny tells us from Sicily the Plane-tree was carried into Spain, and from thence to France, but notwithftanding it was fo near a neighbour, and fo remarkable a tree, it remained unobferved and untranfplanted by us till very lately, which thews that the fpirit of introducing exotic trees is but newly rifen among us. Gerrard, in his Botanic Hiftory, written in 1598, fays the Plane-tree was not then to be found in Germany, the Low Countries, or in England; but that his fervant brought him feed from one that he obferved growing in Lepanta, a port of the Morea. After him Parkinfon, in his Theatrum Botanicnm, anno 1640, tells us, that the Plane-tree is natural to Afia, but that it was very rare in the Chriftian world. Mr Evelyn mentions this tree very' flightly in his first edition 1663, not having feen it any where in England, E G but he intimates it may be raised from feed. But in his fourth edition in 1678, we are beholden to him for the first notice that the great Lord Chancellor Bacon planted fome Plane trees at his feat at Verulam in Hertfordshire, which he fays were then flourishing trees. As Bacon died in 1626, if we allow these trees to have been planted 16 years before his death, they must have been 30 years old when Parkinfon publifhed his work, and 68 years old when Mr Evelyn printed his fourth edition: It is, however, very extraordinary that the Chancellor in his Natural History, fhould not mention, amongst other trees, fo rare a tree as the Plane, and of his own planting and naturalizing in this country. Mr Evelyn in his 4th edit. in 1678, acknowledges it was then fo rare in England, that he was greatly obliged to Sir George Crook of Oxfordjbire for giving him a young Plane-tree, which he fays was very thrifty. Whatever ideas our forefathers had of its delicacy and tenderness, it is fo well feafoned to our climate that it endures all weathers, and is the greatest ornament in our modern plantations, We have now two other fpecies in our gardens; the next in beauty to the oriental Plane is the Spanish or maple leaved Plane. The other is the Occidental Plane from Virginia; it comes out later than the others; yet planted in rich moist. foils it grows large and tall, and is very ornamental. The largeft that I have seen of these Western Planes is a row by the river's fide, at a callicoprinter's at Martin Abbey in Surry. At the Duke of Richmond's at GoodWood in Suffex, is the largest and most profperous of the Eaffern Planes that I have feen any where. The mott remarkable Spanish Planes are thofe large high trees in the church-yard of St Dunfian in the Eaft, and a fine tall tree growing before Salter's-Hall; these are all of such mag• nitude that the city rooks annually. build their nests in them, Their delightful green and thriftinels in a fmoaky air recommends them before all other trees for ornamental planting, in public walks, city gar dens, and church-yards; for limes grow fhabby, and lofe their leaves almolt before autumn comes; elms, at that feafon, look brown and rufy; but the Spanish Plane keeps its lively verdure till the laft, A critical Account of the Disorders of the Grain used in Bread; and of the Dif orders they produce in thofe that eat it ; by Dr Tyffot; from a Manufcript not printed. Communicated by Mr PETER COLLINSON, F.R.S. HE chief diforders wheat and Bread made of smutty wheat always ferments and bakes ill; it is vifcid, Trye are the milders and the blast, A heavy, and, to thofe not ufed to it, rye is also fometimes horned, a fault to which other grain is not liable : It is called the mother of rye. The mildew is a glutinous duft, of a reddish yellow colour, that adheres to the stalk and husk, and prevents the growth, fo as that very little, if any B dower is produced. difagreeable, and frequently produces chronical difeafes. Bread made of horned rye,which has a naufeous acrid tafte, produces much worfe mifchief, though it was not publickly noticed till the year 1596. The diforders produced by this aliment are fpafmodic and gangrenous. In the year 1596 a fpafmodic convulfive epidemy prevailed in Heffe, and the neighbouring countries, which the phyficians at Marpurg afcribed to bread made of horned rye; and next year they published an account of the fymptoms, caufe, and cure of it. It is remarked by these physicians, 1. that fome were feized with an epilepfy, and that these scarce ever recovered. zdly, that others became lunatic, and that they continued ftupid the rest of their lives. 3dly, that those who apparently D diforder in the months of January and recovered, had annual returns of their February; and, 4thly, that the diforder was in a certain degree contagious. The blaft is of two kinds; the carbuncle and the fmut: The carbuncle is fcarcely to be perceived on the outfide, except that the grain appears a little rounder, but the contents of it are changed into a black ftinking viscid powder: Sometimes, indeed, the C carbuncled grain will swell to an enormous fize, but this happens rarely. The fmut appears not only in the feeds but in the flowers and leaves, in form of a black vifcid duft, and it deftroys whatever it touches. This disorder comes on when the wheat is in bloffom, and never after it is grown up. It is not caused by any accident to which growing wheat is exposed, but is the effect of bad grains fown with the good: Smutty wheat is prevented by taking out the bad grains before corn is fown; for the doing which feveral methods have been recommend. ed. (See Vol. xxiv. p. 230.) Horned rye is fuch as fuffers an irregular vegetation in the middle fubftance between the grain and the leaf, producing an excrefcence of a brown. ifh colour, and about an inch and an half long, and two tenths of an inch broad. This rye is not common, but happens fometimes when very hot fummers fucceed a rainy spring: If it is fown it will not germinate †. The mildew has frequently been taken for the blaft, and the blaft for the mildew. The names rubigo, arugo, ruggine, robbiga, rouille, fuc Miellé, and bled Vente, which occur in books of husbandry written in Latin, Italian, and French, mean MILDEW: The names uftilago, uredo, fuligo, nigella, volpe, nielle, brulure, mean the BLAST f One Langius, a phyfician and magiftrate of Lucern, about the year 1717 published an account of the difeafes produced by eating the excreffences of horned rye in bread, and there is a good extract of his work in the Alta Eruditorum, anno 1718, p. 309. E F G H The fame epidemic, probably from the fame caufe, happened in feveral parts of the continent in the years 1648, 1675, 1702, 1716, 1722, and 1736, and has been very minutely defcribed by several physicians, particu. larly Hoffman, A. O. Goelicke, Vater Burghart, and I. A. Srink. Bread made of horned rye also produces fpontaneous mortifications, (See the extraordinary cafe of a family at and Vol. xxxiii. p. 293) which have Wattifbam in Suffolk, Vol. xxxii. p. 230, alfo been accurately described. The first symptom is a numbness of the legs; the next, pain, with a flight fwelling, but no inflammation; then follow in a quick fucceffion, coldness, blackness, and mortification. The the feet, legs, & thighs fphacelate and nofe, the fingers, the hand and arm, fall off, though fometimes there is no fever, and but little pain, In the year 1695, I. C. Brunn, a celebrated phyfician, faw at Aufburg a. woman who had contracted a fpafmodic diforder, with a mortification in he was told by the furgeon who at-. the hands, by eating horned rye; and tended her, that he had lately cut off a limb that was mortified from the fame cause |