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taken only upon the land charged therewith, and out of which such rent or services were said to issue.

But this restriction did not apply to the king, who might distrain upon any lands which were in the actual occupation of his tenant, either at the time of the distress or when the rent became due.

The assumption of a similar power by other lords was considered oppressive, and it was ordained by the statute of Marlbridge, that no one should make distress for any cause out of his fee, except the king and his ministers thereunto specially authorized. The privilege of distraining in all lands occupied by the party chargeable, is communicated by 22 Car. II. c. 6; 26 Geo. III. c. 87; 30 Geo. III. c. 50; and 34 Geo. III. c. 75, to the purchasers of certam crown rents. At common law if the tenant or any other person seeing the lord or his bailiff come to distrain for rent or other service, drove the cattle away from the land holden, they might be distrained off the land. Not so when the cat le without being driven went off before they were actually taken, though the lord or bailiff saw the cattle upon the land (which for some purposes is a constructive possession). Nor if after the view the cattle were removed for any other purpose than that of preventing a distress. On the other hand, cattle of which the lord or bailiff has no view whilst they are on the land, although the tenant drove them off purposely to avoid a distress, could not be distra ned.

Under 8 Anu. c. 14, and 11 Geo. II. c. 19, where a lessee fraudulently or clandestinely carries off his goods in order to prevent a distress, the landlord may within five days afterwards distrain them as if they had still continued on the demised premises; provided they have not been (bona fide) sold for a valuable consideration.

And by the 7th section of the latter statute, where any goods fraudulently and clandestinely carried away by any tenant or lessee, or any person aiding therein, shall be put in any house or other place, locked up or otherwise secured, so as to prevent such goods from being distrained for rent, the landlord or his bailiff may, in the day time, with the assistance of the constable or peace officer (and in case of a dwelling-house, oath being also first made of a reasonable ground to suspect that such goods are therein), break open and enter into such house or place, and take such goods for the arrears of rent, as he or they might have done if such goods had been put in an open field or place.

To entitle the landlord to follow the goods, the removal must have taken place after the rent became due, and for the purpose of eluding a distress. It is not however necessary that a distress should be in progress, or even contemplated. Nor need the removal be clandestine. Although the goods be removed openly, yet if goods sufficient to satisfy the arrears are not left upon the premises, and the landlord is turned over to the barren remedy by action, the removal is fraudulent and the provisions of these statutes may be resorted to. These provisions apply to the goods of the tenant only. The goods of a stranger or of an under-tenant may be removed at any time before they are actually distrained upon, and cannot be followed.

Where two closes are let by separate demises and separate rents, though such demises be made at the same time and are even contained in the same deed, a distress cannot be taken in one close for both rents.

If a rent-charge or rent-service also issue out of land which is in the hands or separate possession of two or more persons, a distress may be taken for the whole rent upon the possession of any one of them.

The lord may enter a house to distrain if the outer door be open, although there be other sufficient goods out of the house. It is not lawful to break open outer doors or gates; but if the outer door be open, an inner door may be forced And where the lord having distrained is forcibly expelled, he may break open outer doors or gates in order to retake the distress. If a window be open, a distress within reach may be taken out at it.

At common law a distress might be taken for rent in a street or other highway being within the land demised. But now, by the statute of Marlbridge, private persons are forbidden to take distresses in the highway. This statute applies only to distresses for rent or for services and not to toll. Nor does the statute make the distress absolutely void; for though the tenant may lawfully rescue cattle distrained in the highway, or may bring his action on the case upon the statute, yet if he brings trespass or replevin, it seems to be no answer to a justification or an avowry made in respect of the rent.

No rent can be reserved out of an incorporeal heredita ment; and therefore at common law the lord could not distrain for rent in a place in which the tenant had merely an incorporeal right-as a right of common. By 11 Geo. II. c. 19, s. 8, landlords are enabled to take a distress for rent upon cattle belonging to their. tenants feeding upon any common appendant or appurtenant to the land demised. But in cases not within this enactment, the rule of the common law applies; and therefore upon a demise of a wharf and the appurtenances, with liberty to land and load goods, the landlord cannot distrain the tenant's barges lying opposite and attached to the wharf.

VI. Mode of making a distress.-A distress may be made either by the party himself or his agent, and as distresses in manors were commonly made by the bailiff of the manor, any agent authorized to distrain is cailed a bailiff. The authority given to the bailiff is usually in writing, and is then called a warrant of distress; but a verbal authority, and even the subsequent adoption of the act by the party on whose behalf the distress is made, is sufficient. In order that the distrainee may know what is included in the distress, an inventory of the goods should be delivered, accompanied, in the case of a distress for rent, by a notice stating the object of the distress, and informing the tenant that unless the rent and charges be paid within five days, the goods and chattels will be sold according to law. This notice is required by 2 W. & M., sess. i. c. 5, s. 2, which enacts, 'that where any goods shall be distrained for rent due upon any demise, lease, or contract, and the tenant or owner of the goods shall not, within five days next after such distress taken, and notice thereof with the cause of such taking, left at the chief mansion house, or other most notorious place on the premises, replevy the same, with sufficient security to be given to the sheriff, that after such distress and notice and expiration of the five days, the person distraining shall and may, with the sheriff or under-sheriff, or with the constable of the place, cause the goods to be appraised by two sworn appraisers, and after such appraisement may sell the goods distrained towards satisfaction of the rent, and of the charges of distress, appraisement, and sale, leaving any surplus in the hands of the sheriff, undersheriff, or constable, for the owner's use.'

At common law, goods distrained were, within a reasonable time, to be removed to and confined in an enclosure called a pound, which is either a pound covert, i. e. a complete enclosure, or a pound overt, an enclosure sufficiently open to enable the owner to see, and, if necessary, to feed the distress, the former being proper for goods easily removed or injured, the latter for cattle; and by 5 and 6 Will. IV. c. 59, s. 4, persons impounding cattle or animals in a common open or close pound, or in enclosed ground, are to supply them with food, &c., the value of which they may recover from the owner. By 11 Geo. II. c. 19, s. 10, goods distrained for any kind of rent may be impounded on any part of the tenant's ground, to remain there five days, at the expiration of which time they are to be sold, unless sooner replevied. The landlord is not however bound to remove the goods immediately after the expiration of the five days; he is allowed a reasonable time for selling. After the lapse of a reasonable time he is a trespasser if he retain the goods on the premises without the express assent of the tenant, which assent is generally given in writing.

The 1 and 2 Ph. & M., c. 12, requires that no distress of cattle be removed out of the hundred, except to a pound overt in the same county, not above three miles from the place where such distress is taken, and that no cattle or other goods distrained at one time be impounded in several places, whereby the owner would be obliged to sue out several replevins.

The 2 Will. & Mary, sess. 1, c. 5, s. 3, directs that corn, grain, or hay distrained be not removed, to the damage of the owner, out of the place where the same shall be found or seized, but be kept there until replevied or sold; and 11 Geo. II. c. 19, which gives a distress for rent-service upon growing crops, directs, ss. 8 and 9, that they shall be cut, gathered, and laid up, when ripe, in the barn or other proper place on such premises, or if none, then in some other barn, &c., to be procured for that purpose, and as near as may be to the premises, giving notice within one week of the place where such crops are deposited; and if the tenant, his executors, &c., at any time before the crops distrained are ripe and cut, pay or tender the rent, costs,

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and charges, the goods distrained are to be restored. In
all other cases, if the rent or other duty be paid, or per-
formed, or tendered to be paid or performed before the
distress is impounded, a subsequent detainer is unlawful,
and a subsequent impounding or driving to the pound is a
trespass.

the person aggrieved by such irregularity, &c., may recover
satisfaction for the special damage sustained. And see
Bradby on Distresses; Gilbert, Distr.; Bracton; Fleta ;
Coke upon Littleton; Bacon, Comyns, and Viner's Abridg-
ments; Willes's Reports; 6 Nevile and Mann 606.
DITCH. [BASTION.]

The statutes authorising the sale of distresses extend DITHMARSH (DITMARSKEN, Dan.), the most
only to those made for rent. At common law distresses westerly of the four districts of the Danish duchy of Hol-
cannot in general be either sold or used for the benefit of stein, has the German ocean for its western boundary, and
the party distraining. But a distress for fines and amercia- Holstein Proper for its eastern, to which last it was united
ments in a court leet, or for other purposes of public bene-in 1459. On the north the Eider separates it from the
fit, may be sold; and a special custom or prescription will duchy of Schleswig, and on the south the Elbe divides it
warrant the sale of a distress in cases where the public has from the Hanoverian duchy of Bremen. Its area is about
no immediate interest.
500 square miles, and its population about 47,000. It is
protected against the inroads of the sea by strong dykes, is
very productive in corn, pulse, linseed, &c., and rears a
considerable number of cattle. Its subdivisions are the
bailiwicks of North and South Dithmarsh. North Dith-
marsh has thirteen parishes and four market-towns, with a
population of about 22,500. The principal town is Heyde,
in the heart of the bailiwick, which has a spacious market-
place, a church, and public school, with about 2900 inha-
bitants, and is the seat of administration: the three other
towns are Lunden, near the Eider, with a church and
school, and about 430 inhabitants; Büsum, on the sea, with
a church and harbour, and about 320 inh.; and Wesling-
büren, not far from the sea, with a church and public
school, and about 640 inh. Close to the latter is Schülpe, a
spot well known to navigators, at the mouth of the Eider.
South Dithmarsh is divided into thirteen parishes, and
contains four market-towns, with a population of about
24,900. The chief town is Meldorf, at the mouth of the
Miele; it is well built, and was formerly fortified, has a
handsome church, a grammar-school, three other schools,
public gardens, and about 2020 inhabitants. The other
towns are Wörden, on an arm of the sea, with a small har-
bour, a church, public school, and about 850 inhabitants;
Brunsbüttel, on the Elbe, across which there is a royal
ferry, with a church, custom-house, a public school, and
about 1500 inhabitants; and Marne, with a church and
public school, and about 750 inhabitants.

VII. Rights and Remedies of the Distrainee. A distress
made by a party who has no right to distrain, or made for
rent or other service which the party offers to pay or per-
form, or made in the public highway, or upon goods privi-
leged from distress either absolutely or temporarily, is called
a wrongful distress. Where no right to distrain exists, or
where the rent or duty is tendered at the time of the dis-
tress, the owner of the goods may rescue them or take them
forcibly out of the possession of the distrainer, or bring
an action of replevin, or of trespass, at his election.
In replevin, the cattle or goods taken are to be rede-
livered to the owner upon his giving security by a
replevin bond, for returning them to the distrainer,
in case a return shall be awarded by the court; and
therefore in this action damages are recovered only for the
intermediate detention and the costs of the replevin bond.
[REPLEVIN.] In the action of trespass the plaintiff recovers
damages to the full value of the goods; because upon such
recovery, the property in the goods is transferred to the
defendant.

The 2 W. & M., sess. i. c. 5, s. 5, provides That in case
of any distress and sale for rent pretended to be due, where
in truth no rent is due, the owner of the goods so distrained
and sold may, by action of trespass or upon the case, reco-
ver double the value of such goods, with full costs of suit.'

For a wrongful distress in taking goods protected by being in a street or highway, or goods privileged from distress, the remedy is by an action on the statute, in which the plaintiff is entitled to an immediate return as in replevin.

If the cattle or goods distrained cannot be found, the sheriff may take other cattle or goods in wither-nam (by way of counter-distress) of the same or of a different kind, belonging to the distrainor, and deliver them to the distrainee instead of his own.

Another species of wrongful distress is recaption, or the taking of the same or other goods of the distrainee for the same causes pending an action of replevin, in which the legality of the first distress is questioned.

Wherever a distress is wrongful, the owner of the goods
may rescue them from the distrainer; but after they are
actually impounded, they are said to be in the custody of
the law, and must abide the determination of the law.

Whether goods are rightfully or wrongfully distrained,
to take them out of the pound is a trespass and a public
offence. The proceeding by action is a more prudent
course than making a rescue, even before an impounding,
where any doubt exists as to the lawfulness of the distress.
Independently of the danger of provoking a breach of the
peace
by the rescuer's thus taking the law into his own
hands, he will be liable to an action for the injury sustained
by the distrainer by the loss of the security of the distress,
should the distress ultimately turn out to be lawful; and
in such action, as well as in the action for poundbreach, the
rescuer will be liable, under 2 W. & M. sess. i. c. 5, s. 4,
to the payment of treble damages and treble costs.

A distress for more rent, or greater services than are
due, or where the value of the property taken is visibly
disproportionate to the rent or other appreciable service, is
called an excessive distress, for which the party aggrieved
is entitled to recover compensation in an action on the case;
but he cannot rescue, nor can he replevy or bring trespass.
Upon a distress rightfully taken being afterwards irregu-
larly conducted, the subsequent irregularity at common law
made the whole proceeding wrongful, and the party was
said to be a trespasser ab initio.' But now, by 11 Geo. II.,
c. 19. where distress is made for rent justly due, and any
irregularity or unlawful act is afterwards done by the party
distraining or his agent, the distress itself is not to be

DITHYRAMBUS, the name of a hymn in honour of Bacchus, sung by a chorus of fifty men or boys as they danced round the blazing altar of the god: from this peculiarity it was also called the cyclic or circling chorus. The original subject of the song was the birth of Bacchus, as the name seems to have implied. (Plato, Legg. iii.) The music was Phrygian, and the accompaniment_origi nally the flute. (Aristot. Polit. viii. 7, 9.) The Dithyrambus is particularly interesting from the circumstance that Aristotle attributes to it the origin of the Greek tragedy. Tragedy and comedy,' says he (Poet. iv. 14), 'having originated in a rude and unpremeditated manner, the first from the leaders in the Dithyrambic hymns, the other from the Phallic songs, advanced gradually to perfection.' These leaders (doxovTEC), and not as has been wrongly inferred from the words of Aristotle, the whole chorus, recited trochaic tetrameters, and are to be considered as the immediate predecessors of the actors. [DRAMA] In the Appendix to Welker's Treatise on the Trilogy (Nachtrag zur Schrift über die Eschylische Trilogie, p. 228, and following), the reader will find a learned disquisition on the Dithyrambus, deformed however by some serious errors. After the leading properties of the Dithyrambus had merged in the Greek tragedy, it became very bombastic, and in the Greek and even in modern languages the epithet Dithyrambic is a synonym for turgid and hyperbolical expressions. The etymology of the word is unknown.

DITRU'PA, a genus of Annelids, founded by the Rev.
M. J. Berkeley, and which, from its having been previously
confounded with the species of an entirely distinct genus
(Dentalium), and some circumstances respecting its capture
in a living state, requires particular notice.

Generic Character-Shell, free, tubular, open at both ends.
Operculum fixed to a conical pedicellated cartilaginous
body, thin, testaceous, concentrically striate.
Branchia, twenty-two in two sets, not rolled up spirally,
flat, broadest at the base, feathered with a single row of cilia.
Mantle rounded behind, slightly crisped, denticulated in
front, strongly puckered on either side.

Fascicles of bristles, six on each side. (Berkeley.)
Mr. Berkeley states that a few of the specimens of sand,

deemed unlawful nor the party making it a trespasser; but gravel, &c. from different parts of the great bank_running

P. C., No. 535.

VOL. IX.-F

parallel with the north-west coast of Ireland, obtained by Captain A. Vidal, R.N., during the extensive soundings made by that officer in the summer of 1830, whilst in search of Aitkin's Rock, were placed in his hands, when he found among them several specimens of the shell of a testaceous animal, which proved to be the Dentalium subulatum of Deshayes, and identical with the Madeira specimens, the only points of difference being a paler hue, and an almost total absence of the constriction near the orifice, the former being, as Mr. Berkeley observes, exactly such as might be expected from the occurrence of the species in a higher latitude, and the latter so variable as not to throw any doubt on its specific identity. Having previously been convinced, from Mr. Lowe's specimen, that the animal was not a Dentalium, but an Annelid, Mr. Berkeley requested Captain Vidal to preserve in spirit during the following summer, when operations on the bank were to be resumed, whatever animals he should procure alive in sounding, and, if possible, specimens of the so-called Dentalium, at the same time noting the depth at which they were taken. The result was the capture of the shell with the included animal, which enabled Mr. Berkeley to establish the genus named at the head of this article. The animals of the Madeira and British specimens proved to be perfectly identical.

Habits, depth, &c.-It appears from Mr. Berkeley's paper, that the shells first handed to him by Captain Vidal occurred in fine sand, at various distances from the coast, in lat. 55, at great depths-from 60 to 120 fathoms. After speaking of the animals preserved in spirit, and stating that Captain Vidal noted the depth at which each specimen was taken, Mr. Berkeley remarks that the so-called Dentalium did not occur at any less depth than 63 fathoms, and twice (on one occasion off St. Kilda) it occurred at 171 fathoms. Nothing could be concluded as to habit, from the manner in which the shells were imbedded in the tallow (with which the lead was armed); but this was of the less consequence, says Mr. Berkeley, because it had appeared, from Mr. Lowe's information, that the animals are found in great numbers together, in masses of a conglomerate (if it may be so called) of mud and various marine substances, the broader end only appearing above the surface. Mr. Berkeley infers, from the great difference in the diameter, that the narrow or posterior end is gradually absorbed in the course of growth.

Geographical Distribution.-Madeira, British seas, and probably a much more extensive range.

Place in the Animal Series.-Mr. Berkeley is of opinion that, notwithstanding the resemblance of the shell to that of true Dentalia, it is most nearly allied to Serpula; but evidently distinct, in having an unattached shell (for there is no evidence to lead to a suspicion that it is attached, even in infancy), and especially in possessing a posterior as well as anterior aperture. He thinks that other species of socalled Dentalia may be found to belong to the genus Ditrupa. One at least, he observes, does so belong, viz., Dentalium Gudus, Mont. (Dent. coarctatum, Lam.). Mr. Berkeley thinks it highly probable that the other minute British Dentalia will prove to possess an animal of like structure, though possibly, even in that case, it would be requisite to place them in a distinct genus.

Ditrupa subulata, magnified.

Example. Ditrupa subulata, Berkeley; Dentalium subu latum, Deshayes.

DITTANY OF CRETE, the common name of the woolly labiate plant called Origanum Dictamnus or Amaracus Dictamnus.

DITTON, HUMPHREY, an eminent divine and mathematician, was born at Salisbury, May 29, 1675. He was an only son; and manifesting good abilities for learning, his father procured for him an excellent private education. It does not appear that he was ever at either of the universities, a circumstance owing, probably, to the religious principles of his parents. Contrary, it is understood, to his own inclination, but in conformity with his father's wishes, he chose the profession of theology; and he filed a Dissenting pulpit for several years at Tunbridge with great credit and usefulness.

His constitution being delicate, and the restraints of his father's authority being removed he also having married at Tunbridge-he began to think of turning his talents into another channel. His mathematical attainments having gained for him the friendship of Mr. Whiston and Dr. Harris, they made him known to Sir Isaac Newton, by whom he was greatly esteemed, and by whose recommendation and influence he was elected mathematical master of Christ's Hospital. This office he held during the rest of his life, which, however, was but short, as he died in 1715, in the 40th year of his age.

He

Ditton was highly esteemed amongst his friends; and great expectations were entertained that he would have proved one of the most eminent men of his time. however attained a high degree of celebrity, and published several works and papers of considerable value, of which the following list contains the principal.

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1. On the Tangents of Curves, &c., 'Phil. Trans.,' vol. 23. 2. A Treatise on Spherical Catoptrics, in the Phil. Trans.' for 1705; from whence it was copied and reprinted in the Acta Eruditorum,' 1707.

3. General Laws of Nature and Motion, 8vo. 1705. Wolfius mentions this work, and says that it illustrates and renders easy the writings of Galileo, Huygens, and the Principia' of Newton.

4. An Institution of Fluxions, containing the first Principles, Operations, and Applications of that admirable Method, as invented by Sir Isaac Newton, 8vo. 1706. 5. In 1709 he published the Synopsis Algebraica' of John Alexander, with many additions and corrections.

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6. His Treatise on Perspective' was published in 1712. In this work he explained the principles of that art mathematically; and besides teaching the methods then generally practised, gave the first hints of the new method, after wards enlarged upon and improved by Dr. Brook Taylor, and which was published in the year 1715.

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7. In 1714 Mr. Ditton published several pieces, both theological and mathematical, particularly his Discourse on the Resurrection of Jesus Christ' and the New Law of Fluids, or a Discourse concerning the Ascent of Liquids, in exact Geometrical Figures, between two nearly contiguous Surfaces.' To this was annexed a tract to demonstrate the impossibility of thinking or perception being the result of any combination of the parts of matter and motion: a subject which was much agitated about that time. To this work was also added an advertisement from him and Mr Whiston concerning a method for discovering the longitude, which it seems they had published about half a year before. This attempt probably cost our author his life; for though it was approved and countenanced by Sir Isaac Newton before it was presented to the Board of Longitude, and the method has since been successfully put in practice in finding the longitude between Paris and Vienna, yet that board determined against it. The disappointment, together with some ridicule (particularly in some verses written by Dean Swift), so far affected his health, that he died in the ensuing year, 1715

In the account of Mr. Ditton, prefixed to the German translation of his discourse on the Resurrection, it is said that he had published, in his own name only, another method for finding the longitude; but this Mr. Whiston denied. However, Raphael Levi, a learned Jew, who had studied under Leibnitz, informed the German editor that he well knew that Ditton and Leibnitz had made a delineation of a machine which he had invented for that purpose, that it was a piece of mechanism constructed with many

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a, the animal; b, one of the branchia; e, a portion of the anterior part of wheels like a lock, and that Leibnitz highly approved the mantle; d, operculum. (Zool. Journ. vol. v.)

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DIURETICS are agents which augment the urinary se
cretion and facilitate its expulsion from the bladder. They
onstitute an extensive class of substances which, however,
are very uncertain in their action, and require to be varied
ery frequently on account of the effects which their long
continued use produces on the stomach and digestive func-
tion. The uncertainty of their operation is owing probably
less to causes inherent in them than to our want of acquaint-
ance with or attention to the circumstances which influ-
ence their action. Some writers disavow their belief in
the existence of a distinct class of substances entitled to
be called diuretics, considering them as mere general sti-
mulants; but such a view is inadmissible, as many of them,
far from being stimulants, are decidedly sedative, while
some of the feelings which cause diuresis, such as fear or
terror, and the external application of cold, are likewise se-
dative in their effects on the system.

In attempting to ascertain or account for their mode of
action, we must constantly bear in mind the nature of the
functions of the kidneys, viz., not only to remove from the
body a considerable quantity of its fluid contents, but at the
same time a great number of saline and other principles, the
retention of which, for any considerable time, in the system,
causes serious departure from its healthy state, and in some
instances speedy death. Not only therefore must the quan-
tity of fluid eliminated be in due proportion, but the quality
or chemical constitution of it must also be of a proper kind.
Any variation in these conditions requires the interference
of medicine to rectify it. In endeavouring to accomplish
this object, it must be borne in mind that, according to the
state of the system, sometimes an acid diathesis predomi-
nates, sometimes an alkaline. The means which we employ
to attain our object may be classified according to their pri-
mary modes of action on the system. Some are stimulant,
such as gamboge, cytisus scoparius, alcohol, spiritus ætheris
nitrici, oil of juniper, oil of turpentine, &c. Some, again,
are sedative, such as lactuca virosa, leontodon taraxacum,
digitalis, squil, colchicum, &c.: others are refrigerant, of
which some render the urine acid, such as the dilute mine-
ral acids; some, on the opposite hand, render the urine alka-
line, such as the carbonate of potass, acetate, tartrate and
bitartrate of potass; while certain saline diuretics do not
render it either acid or alkaline, such as nitrate of potass,
bichlorate of soda, &c.

the saline diuretics, which are susceptible of decomposition, will act, if any considerable catharsis be going on, and hence that action, if arising from other causes, should be moderated or checked; and care should be taken not to exhibit such of them as are also purgatives in such doses as to act upon the bowels. This observation is not intended to prohibit the exhibition of a single purgative previous to commencing the use of diuretics, as this is often beneficial, or to forbid their occasional use when required to obviate particular symptoms. It must never be forgotten that if the patient be kept very warm, the action will more probably be directed to the skin than to the kidneys; hence the patient should not, if possible, remain in bed; the medicines should be given during the day, and the air of the apartment should be cool, and the clothing light. Indee 1 cold itself is a powerful diuretic, and sometimes succeeds where every other fails. The drinking of diluents likewise promotes the action of the kidneys: it is therefore unwise as well as cruel to withhold water from dropsical patients. [DILUENTS.] DIVAN. [Dîwan.]

DIVERGENCY, DIVERGENT. [CONVERGENT.] DIVERS, COLY'MBIDÆ, a family of swimming birds (Natatores), having a smooth, straight, compressed, and pointed bill,

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Willughby assigned the family a place in his fifth section (whole-footed birds, with shorter legs'),* under the name of 'Douckers or Loons, called in Latine Colymbi,' and he divided them into cloven-footed Douckers that have no tails, the Grebes, and the whole-footed Douckers with tails,' the true Divers. The following is Willughby's description of Douckers in general. Douckers have narrow, straight, sharp-pointed bills, small heads, and also small wings; their legs situate backwards, near the tail, for quick swimming and easier diving; broad flat legs, by which note they are distinguished from all other kinds of birds; broad claws, like human nails. Of these Douckers there are two kinds; the first is of such as are cloven-footed, but fin-toed, having lateral membranes all along the sides of their toes, and that want the tail: the second is of those that are whole-footed and caudate, which do nearly approach to those birds we call Tridactyle, that want the back toe. These are not without good reason called Douckers, for that they dive much, and continue long under water, as soon as they are up dropping down again.'

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Ray, in his Synopsis,' arranges the cloven-footed and whole-footed Colymbi, Grebes, and Divers, under his Palmipedes tetradactyla digito postico soluto, et primò rostro recto angusto acuto, brachypteræ et Urinatrices, Colymbi dictæ.' He also includes the genus Mergulus. [AUK.]

Linnæus placed both the Divers, properly so-called, and the Grebes under his genus Columbus, which stands in his system under the order Anseres, between the genera Phaeton (tropic birds) and Larus (gulls).

Pennant followed Brisson in separating the Grebes from the Divers. The first he placed next to the Coots, and immediately before the Avosets; and the Divers between the Guillemots and the Gulls.

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The more acrid diuretics seem to act upon the lower sphere of life, or what may be considered the vegetative system, such as the cellular tissue, the fatty structures, and the internal mucous coats, the secretion of which they render thinner as well as more abundant, but at the same time they interfere much with the assimilative process as well as with that of digestion, even when given in small doses; and hence arises the impossibility of prolonging their employment beyond a very limited time. Whatever be the agent we select it is by no means necessary that, to cause a diuretic effect, the substance should be decomposed; but it is important to remember that, when saline diuretics are de- Under the term Plongeurs ou Brachyptères,' Cuvier composed, the alkali is carried to the kidneys as the emunc- arranges those Palmipèdes, a part of which have some tory by which it is to be ejected from the system, and hence relation to the Water-hens. The legs placed more backtheir use speedily renders the urine alkaline, which, when inward than in any of the other birds, render walking a a high degree, may prove very hurtful to the system gene- difficult operation, and oblige them, when on land, to keep rally, and to the bladder and urinary passages in particular. themselves in a vertical position. As the greater part of Numerous as are the agents termed diuretics, none of them are, besides, bad fliers, inasmuch as some of them them will act as such unless the patient be under certain cannot fly at all on account of the shortness of their wings, conditions. If a very inflammatory state of the system they may be regarded as almost exclusively attached to the exist, no article will act as a diuretic till this be lessened, surface of the waters. In accordance with this destination and hence the necessity of employing venesection and saline their plumage is more close-set, and sometimes it even cathartics before administering any of the class of diuretics; offers a smooth surface and silvery hue. They swim under and under such circumstances colchicum is perhaps the the water, aiding themselves with their wings, nearly as if best to begin with. Even such inflammation as exists in they were fins. Their gizzard is sufficiently muscular, some forms of dropsy must be removed by antiphlogistic their cæca are moderate, and they have each a peculiar means before diuretics will have a beneficial effect. (Black-muscle on each side of their lower larynx.' The following wall on Dropsy.)

are the genera comprehended under this family by Cuvier:
the Grebes, Brisson; (Podiceps, Latham; Colymbus, Bris-
son and Illiger). The Divers (Plongeons), properly so-
called (Mergus, Brisson; Columbus, Latham; Eudytes,
Illiger). The Guillemots (Uria, Brisson and Illiger). The
Auks (Pingouins), Alca of Linnæus.
The Penguins (Man-

When a very great quantity of fluid is present in the body,
some of it must be carried off by other means before diuretics
can act, as the absorbents under such circumstances do not
farnish a supply to the kidneys-the activity of absorption
being always in an averse ratio to the smallness of the quan-
tity of fluid present. (Majendie.) If there be great general
debility of the system, and particularly of the absorbents, this
state must be obviated either by the exhibition of tonics pre-
vious to or along with the diuretic remedies. Lastly, none of properly be denominated fin-toed, or fin footed, than whole-foot d

Willughby observes, Under the name of whole or weinfinitrit we con prise some birds which have indeed their toes divided, bu membranes apendant The-e might more on each side; such are some of the Divers or Loons.

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chots), Aptenodytes of Forster, consisting of the subgenera pedes, and Columbus under the same order in his family ntenodytes, Cuvier; Catarrhactes, Brisson; and Sphe- Pygopodes. us Brisson.

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With longer and well-feathered wings, Pelecanida. and feet especially placed within the equi- Larida. poise of the body

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Anatide.

He considers the genus Mergus, of Linnæus, the species of which carry the powers of swimming and diving to the greatest extent, making use of their wings also in their progress through the water, and, at the same time, exhibiting a constrained and embarrassed mode of walking, in consequence of the backward position of the legs, as forming the passage from the Anutida to the Colymbida. The distinctively marked character,' writes Mr. Vigors, in his paper on the natural affinities that connect the orders and families of birds** of the lobated hind toe, which prevails among the latter groups of the family we have just quitted, conducts us to Podiceps, Latham, that commences the family of Columbida, where the same character is strongly developed. The difference between the bills of the types of these two families is softened down by the intervention of that of Mergus, which is intermediate between the broad and depressed bill of Anas and the narrow and sharppointed bill of Podiceps. This last genus, in conjunction with Colymbus, Linn., from which it differs chiefly in the construction of the foot, composes the family of the Colymbide. These two well-known groups, differing but little among themselves in external characters, form one of those normal groups of the order where a deficiency is exhibited in the powers of flight by the shortness of their wings, and in the faculty of walking by the backward position of their legs. These deficiencies in the groups before us are compensated for by their capability of remaining for a length of time under water, and by their superior powers of diving. For this latter purpose the structure both of their wings and legs is admirably adapted; the former by their strength assisting them as oars under water, and by their brevity not interfering with their progress; the latter by their compressed and sharpened edge offering no resistance to the water as they are drawn up to effect the stroke which accelerates the movements of the bird. From their superiority in these characters and powers, the birds themselves have obtained par excellence the name of Divers. In these particulars we may observe them to be united with the Alcade which succeed them, and from which they are chiefly separated by the presence of the hind toe, conspicuous here, but deficient in the family to which we now proceed.' Mr. Vigors then goes on to the Auks (Alcada), which he enters by means of the genus Uria [GUILLEMOT], originally included in the Colymbus of Linnæus, and from which it has been separated chiefly on account of the tridactyle conformation of its foot. This character distinguishes the greater part of the Alcada, a family which, in addition to Uria and Alca, contains, according to Mr. Vigors, the genus Aptenodytes of Linnæus.

M. Lesson, in his Manual, makes the Colymbida (Plongeurs ou Brachyptères, Cuv., Urinatores, Vieillot), the first family of the sixth order of birds, Les Palmipèdes, Natatores of Illiger and Vieillot; and the family comprises the genera Podiceps, Lath., Colymbus (part), Linn., and Cephus, Cuv.

The Prince of Musignano (Charles Lucian Bonaparte) places Podiceps under his order Anseres in the family Lobi

Linn. Trans.,' vol, xiv, p 395.

In Fauna Boreali-Americana,' Podiceps is placed at the head of the order Natatores, and is immediately succeeded by Sterna (the Terns): the position of Columbus is between Pelecanus and Uria, which last-mentioned genus con cludes the order. COLYMBIDA.

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Head and foot of the male Eared Giebe; summer plumage; the head from Mr. Gould's British birds, the foot from a specimen in the Museum of the Zoological Society. Habits, &c. The Grebes haunt the sea as well as the rivers, are excellent swimmers, and dive frequently, as all who have watched the Dabchick or Little Grebe (Podiceps minor), and have been amused by its quickly-repeated plungings well know. They feed on small fishes, frogs, crustaceans, and insects, and their nests, formed of a large quantity of grass, &c., are generally placed among reeds and carices, and rise and fall with the water.

Geographical distribution. Very wide. Five European species are enumerated, and the foreign species are very numerous. The form seems capable of adaptation to great varieties of climate. In the Tables' published in the 'Introduction to Fauna Boreali-Americana,' we find Podiceps cornutus and Podiceps Carolinensis among the birds which merely winter in Pennsylvania, and migrate in summer to rear their young in the Fur Countries; and Podiceps cristatus, P. rubricollis, and P. cornutus in the list of species common to the Old World and to the Fur Countries. Mr. Sabine gives a description of a mature individual of Podiceps rubricollis killed at Great Slave Lake, and of a specimen o Podiceps Carolinensis killed at the same place, both in Sir John Franklin's first expedition, and in May, 1822; and

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