TOB 
Bach qnaker, against 'whoni siicli complaint 
sliall be made. And after appearance, or 
on default of appearance, (the warning, or 
summons, being proved before them upon 
oatli), they may i)roceed to examine on 
oath tlie truth of the complaint, and to as- 
certain and slate what is due and payable. 
And by order under their hands and 
seals, they may direct and appoint the pay- 
ment thereof^ so as the sum ordered as 
aforesaid do not exceed ten pounds. And 
also such costs and charges, as upon the 
merits of tlie cause, shall appear not ex- 
ceeding teii pounds. And on refusal to pay, 
any one of the two next justices, by war- 
rant under his hand and seal, may levy the 
same by distress and sale, repdering the 
overplus, the necessary charges of distrain- 
ing being first deducted and allowed, by 
the said justice ; unless it be in the case of 
appeal, and then no wairant of distress 
shall be granted, till the appeal shall be de- 
termined. 
As no time is limited for detaining the 
distress, nor charges allowed for keeping it, 
it may be sold immediately. Any person, 
who shall think himself aggrieved by the 
judgment of the two justices, may appeal 
to the next sessions ; where, if the judg- 
ment shall be affirmed, they shall decree 
the same by order of sessions, and give 
costs against the appellant, to be levied by 
distress and sale, as to them shall seem rea- 
sonable. And no proceeding herein shall be 
removed by certiorari, or otherwise, unless 
the title of such tithes shall be in question. 
The withholding of tithes from the parson 
or vicar, whether the former be a clergy- 
man or lay-appropriator, is among the pe- 
cuniary causes cognizable in the ecclesiasti- 
cal court. But herein a distinction must be 
taken ; for the ecclesiastical courts have no 
jurisdiction to try the right of tithes, unless 
between spiritual persons, between spiritual 
men and laymen, and are only to compel 
tlie payment of them, when the right is not 
disputed. 
Tt)AD, in zoology, belongs to the same 
genus with the common fi og. See Rana. 
TOBACCO, in botany. See Nicotiana. 
After sowing tobacco seeds, the ground 
is watered every day, and in hot weather 
covered, to prevent its being scorched by 
the sun ; and w'iien the plants are grown to 
a convenient pitch, they are transplanted 
into a soil well prepared for their recep- 
tion ; care is also taken to keep this ground 
clear of weeds, and to pull off tlie lowest 
leaves of the plant, that ten or fifteen of the 
TOL 
finest leaves may have all the nourishment. 
When these leaves are ripe^ which is known 
by their breaking when bent, the stalks are 
cut, and left to dry two or three hours in 
the sun ; after which they are tied together 
two and tw'o, and hung on ropes under a 
a shade to be dried in the air. And when 
the leaves are sufficiently dried, they are 
pulled from off the stalks, and made up in 
little bundles ; which being steeped in sea 
water, or, for want thereof, in common 
water, are twisted in manner of ropes, and 
the twists' formed into rolls, by winding them 
with a kind of mill around a stick : in which 
condition it is imported into Europe, where 
it is cut by the tobacconists tor smoking, 
formed into snuff, and tlie like. Besides 
the tobacco of the West Indies, there are 
considerable quantities cultivated in the 
Levant, the coasts of Greece and tiie Archi- 
pelago, the island of Malta and Italy. 
TODUS, the tody, in natural history, a 
genus of birds of the order Pic*. Generic 
chai’acter: bill thin, depressed, broad, and 
at tlie base covered with bristles ; nostrils 
small and oval; toes three before and one 
beliiud, the middle much connected with 
the outer. Tiiere are sixteen species, of 
which the following is the principal. 
T. viridis, or the green tody, is of, the 
size of a WTen, and is found in the warm 
climates of America, and in the West Indies. 
Its colouring is a beautiful combination of 
green, white, and red. It is solitary, stu- 
pid, feeds upon soft insects, frequents moist 
situations, sitting long together with its 
head under its shoulder, and may some- 
times be taken by the hand. Birds of this 
genus are principally found in the warmer 
territories of America, are somewhat allied 
to the genus of Flycatchers, but are dis- 
tinguished by a considerable connection be- 
tween the toes, whereas those of the fly- 
catcher are completely divided. Several 
species are much larger than the above. 
TOISE is a French measure, containing 
six feet, or a fathom ; a square toise is thir- 
ty-six square feet. Tlie toise and the fa- 
thom correspond in the division of the feet ; 
but these divisions being unequal, it is ne- 
cessary to observe that the projrortion of 
the yard, as flxed by the Royal Society at 
London, to the half toise as fixed by the 
Royal Academy at Paris, is as 36 : 33.355. 
TGLTTIFERA, in botany, balsam of 
Tola tree, a genus of the Decandria Mono- 
gynia class and order. Natural order of 
Terebintacese, Jussieu. Essential charac- 
ter : calyx five-toothed, bell-shaped ; pe- 
