K N I
KIT.
and Ireland. It is lighter than any of the other clays, though that is the genus to which it moft properly belongs ; and it is of an uneven furface, and fhattery ftructure. ■ Hill's Hift. of Foff. p. 34.
KILLYTH-STALLION, in our old writers, is where lords of manors were bound by cuftom to provide a ftallion ior the ufe of their tenants mares. Spelm. Gloff. Blount.
KILN (Cyd.)~ Kiln fir tin ore. The place where the tin ore is roafted in order to burn away the mundic, and other fulphureous matters that are mixed with it, is called the tin hiln. This is of a very plain ftructure, its hearth or floor is made of one large ftone, and this is covered with another fupported at fix inches height above it. The uppermoft has a hole in the middle through which the ore is poured on the under one, and when it is diftributed over it in a bed of three or four inches thick, it is burnt by means of a fire of furze bufhes kept underneath, and communicating with the fpace between the two ftoncs by an aperture behind ; the lower ftone not reaching the wall by fix inches. "When the fulphur is all burnt away by the fire, and the flame is no longer blue, the whole bed of roafted ore is thruft off the ftone by the rake into the aperture behind, through which it falls into the open fire. The fire is kept up with new bufhes, and there is a new bed of ore thrown in at the hole above. Thus the fire is kept up day and night, and fupplies of frefh ore made through the hole by the black tin brought from the buddies of warning troughs. "When the lower part of the furnace is filled up with the ore thrown into it, there is a hole behind the kiln through which this ore, and the coals and afhes are all raked out together, and left in the open air to cool ; and the whole rnafs thus raked out, will fometimes be feveral days in cool- ing, the mixture of coals among it keeping it red hot for a confiderable time. When it is taken away from behind the furnace, it is wafhed again before it is put into the melting furnace. It is obferved, that the different ores require for this laft operation a different proportion, and different fort of fuel. The moor tin, that is, fuch ore as is dug up in the moory countries, melts beft with moor coal charred j but that dug on the hills is found to run beft with a mixture of charcoal and peat in equal quantities. The ftones ufed for the kilns are always moor ftone. Phil. Tranf. N° 69.
Brick-KiLH. See Brick.
KIMBULA, in zoology, the name of a fpecies of crocodile found in the ifland of Ceylon, and of a very beautiful va- riegation of colours, being mottled all over with extremely elegant black fpots fhining with the glofs of black velvet. Hay's Syn. Quad. p. 263.
K1NAKINA Aromatica, in the materia medica, a name by which fome authors have called the cortex eleutherii. Geoffr. Trail, p. 307.
KING (Cyd.)— The king of England, though he be intrufted with the whole executive power of the law, yet he cannot fit in judgment in any court j but juftice and the laws muft be adrniniftred according to the powers committed and diftri- buted to the feveral courts. 4 Inft. 70, 71.2 Inft. 103.
King, among Hebrew grammarians, is an appellation given to a fpecies of accents anfwering to our colon. See the article Accent, Cycl.
King of the mullets. See Mullus imberbh.
King of the quails. See Ortygometra.
K. 1 it gs- Bench (Cycl.) — This court was always ambulatory, and removed with the king wherever he went : hence the
■ writs returnable into this court are coram nobis ubicunque fuerimus in Anglia ; and all records there are ftiled coram rege, as it is ftill fuppofed to have always the king himfelf in perfon fitting in it ; from whence it obtained the name of the court of king s-bencb, and hath always retained a fu preme original jurifdiction in all criminal matters, for ii thefe the procefs both iffued, and was returnable into this court j but in trefpafs it might be made returnable into ei- ther the kings-bench, or common-pleas ; becaufe the plea was criminal as well as civil. V. 4 Inft. 70. 2 Inft. 24. Co. Lit. 71. Cromp. of Courts. 78. 1 Rol. Abr. 94. This court is often termed the cujios morum of all the realm, and wherever it meets with an offence contrary to the firft principles of juftice, and of dangerous confequence, if not reftrained, it may adapt a proper punifhment to it 3 . For the better reftraining fuch offences, it has a difcretionary power of inflicting exemplary punifhment on offenders, either by fine, imprifonment, or other infamous punifh- ment, as the nature of the crime, confidered in all its cir- cumftanccs, fhafl require. It may make ufe of any pri- fon which fhall feem moft proper ; and it is faid, that no other court can remove or bail perfons condemned to im- prifonment by this court b . \ x zHawk. P.C. p. 6. b 2 Haivk.
An act of parliament, appointing, that all crimes of a cer- tain denomination fhall be tried before certain judges, does not exclude the jurifdiction of this court, without exprefs negative words ; and therefore it has been refolved, that 33 Hen. 8. c. 12. which enacts, that all treafons, fefe. within the king's houfe, fhall be determined before the lord fteward of the king's houfe, does not reftrain. the court of
kings-bench from proceeding againft fuch offences. 2 Inft. 549. 2 Hawk. P. C. p. 7.
But when a ftatute creates a new offence, which was not taken notice of by the common law, and erects a new ju- rifdiction for the punifhment of it, and prefcribes a certain method of proceeding, it feems queftionable how far this court has an implied jurifdiction in fuch a cafe. 2 Hawk. P. C. p. 7 .
The judges of this court are the fovereign jufticcs of oyer and terminer a , goal delivery, confervators of the peace, cVc. As alfo the fovereign coroners b $ and therefore, where the fheriffs and coroners may receive appeals by bill, a fortiori , this court may. Alfo this court may admit perfons to bail in all cafes according to their difcretion c . [ a 4 Inft. 73. 9C0. 1 1 8. b. b 4 Inft. ibid. « 4 Inft. 74. Vaugh. 157.] This court has not only a power to reverfe erroneous judg- ments, for fuch errors as appear the defect of the under- ftanding ; but alfo to punifh all inferior magiftrates, and all officers of juftice, for wilful and corrupt abufes of their au- thority againft the obvious principles of natural juftice. Vid. 2 Hawk. P. C. p. 8.
This court, being the fupreme court of oyer and terminer, goal delivery, and eyre, its prefence fufpends the power, and avoids the proceedings of all other courts of the fame nature in the county wherein it fits, during its fitting there. Vid. 2. Hawk. P. C. p. 8. 4 Inft. 73. 3 Inft. 27. The civil fide of the kings-bench commences on a fuppofi- tion of a trefpafs committed by the defendant in the coun- ty where it refides, and that he is taken up by procefs of this court, as the fovereign eyre, and being committed to the marfhal, he may be declared againft in any civil action whatfoever. The firft procefs therefore, is a bill either real or feigned, and fo called, becaufe its foundation was the bill of complaint in court, touching the trefpafs : in this is founded the latitat, which fuppoies that the defendant has efcaped, and therefore ifiues in the king's name, to appre- hend the party wherever he may be found, Vid. New Abr. Law. Vol. 1. p. 595. and Title Procefs.
K.iHG-piece, in any building, is a piece of timber ftanding upright in the middle, between two principal rafters, and having ftrutts or braces going from it to the middle of each rafter.
KINNOR, in the Jewifh antiquities, a mufical inftrument, frequently tranflated cithara. It was compofed of a bafe or hollow founding beiiy, and of two branches raifed per- pendicularly on the two fides of this belly. Above thefe branches was a piece of wood which went acrofs, and was faftened to each of them. To this piece of wood were fixed three, fix, or nine fixings, which made a vtryharmo- nious found as often as they were either play'd upon with the fingers, or touched with the bow. Calmet, Diet, in voc. Cithara. See Cinyra.
KIRATHE, a name of a weight mentioned by fome authors equal to four grains.
KIS, in natural hiftory, a name given by fome people to the common pyrites ; and by others to a peculiar kind of it, con- taining copper and a fmall quantity of liiver.
KISSINA, in botany, a name by which fome authors have called the tree, whofe wood is the agallochum, or lignum aloes of the fhops. Kempfi Amcenit. Ex. p. 903.
KIST, a word ufed by Paracelfus as the name of a weight, equal to fourteen grains.
KITCHEN Garden, there are certain general rules always to be obferved in the making this ufeful fort of garden, which will render it much cheaper and more convenient than if undertaken at a venture without the confideration of them.
It fhould always be placed behind a houfe, that it may be both fheltered and kept out of fight, and always ihould be as near as may be to the ftables, that the dung may be ready, and coft no great labour nor expence in carriage. A fquare is the beft figure for the ground ; but this is not neceltary, fince all irregularities may be hid by the quarters. The foil muft neither be very wet nor very dry, nor too ftiff j and if there are any rifings in any part of the ground, they are by no means to be levelled, as they will be of great ufe for differentcr«ps of feveral things. It muft be fully expofed to the fun, and by no means overfhadowed by trees. The quan- tity of ground is to be wholly proportioned to the fize of the family it is to fupply ; for a fmall one of an acre of ground will be enough, and there feldom requires more than three or four acres. It fhould be walled all round with walls twelve feet high for the reception oi fruit trees, and the ground fhould be ploughed up three or four times before any thing is planted in it.
If the foil be ft iff, it muft be manured with fea-coal afhes, the cleanfings of the ftreets of large towns, or fea fand, as alfo with rotten wood, and decayed and putrefied vege- tables. On the contrary, if it be light, and warm, it muft be manured with rotten neat's dung ; and if horfe dung be ufed, it muft be always very well rotted firft. The foil muft be at leaft two feet deep, and there muft be a fupply of water, which, if it can be contained in bafons, or refervoirs, will be very convenient and advantageous.
3 As
