where the indictment is burgaliter instead of burglariter, it makes no indictment of burglary; so, if it be burgenter."

Again, both the words fregit and intravit were requisite, "for breaking without entry, and entry without breaking, makes not burglary." It must have been a domus mansionalis where burglary was committed and not generally domus, for that is too uncertain.

At the present time, however, there are four points to be considered in determining if the crime of burglary has been committed.

(i) The time: The crime must be committed at night. Before the Larceny Act of 1861, night was supposed to continue from sunset to sunrise, in spite of the necessary twilight after the one and before the other. But by the Larceny Act, as regards burglary, night is deemed to commence at nine o'clock at night and end at six o'clock the next morning.

(ii) The place: The house must be a dwelling-house of another. It will not suffice if it be an outhouse or a stable, unless immediately connected, by a covered passage or otherwise, with the dwellinghouse. A person cannot commit a burglary, therefore, if he break into and enter the room of any one lodging in his house, and steal his goods. The owner, or any of his family, or even a servant, other than a caretaker, must sleep in the house, so as to make the breaking into it burglary.

(iii) The manner: There must be both a breaking and an entry. They need not both be done at once; if a burglar makes a hole one night and enters the next, it will be sufficient. Opening a window, picking the lock, opening it with a key, unloosing any fastening, coming down the chimney, are all breakings sufficient to constitute burglary. The slightest degree of entry with any part of the body or with any instrument held in the hand, is enough.

(iv) The intent: The intent must be felonious, either at common law or by Statute, as, to commit murder, robbery, or any other felony whether perpetrated or not. The crime is punishable with penal servitude for life, or for ten years, or imprisonment.

The question is often asked, When is it justifiable to kill a burglar ? A forcible or felonious attempt to violate a man's rights to his house or goods may be resisted with any necessary amount of violence, even to the extent of killing, but not where the felony is without violence. But you cannot anticipate killing-you cannot kill him in cold blood because you think he will kill you. If after ordering a man to leave your house he remains there, and so terrifies you that, for fear of your life, you shoot him, the law will not be very particular in deciding whether you were or were not within your right in shoot

ing him, for "omnia præsumuntur contra spoliatorem." It is possible to justify the killing of a burglar who has forcibly broken into, or is breaking into, our house on the ground that thereby our life was endangered, but if he has already retreated and has escaped from us, we are not, in the quaint language of an old writer, justified in shooting him as he fleeth down the avenue.

THE TEA INDUSTRY OF INDIA.

A

THE TEA PLANTER'S FINANCE.

MONG the effects which the recent rise in the exchange value of the Indian rupee will exercise on English enterprise in India generally, not the least important or permanent will be that resulting to the tea industry, which has now assumed, both in that country and in Ceylon, large and important proportions. The addition of one penny to the value of the rupee means a gain to the revenue of the Government of India of one million sterling, and the same addition means to the tea planter a very appreciable shrinkage of income. We have now for so long been accustomed to treat the rupee as an impostor whose real value is or has been far below that of a florin, or 24 pence, which is its face value, that the above seems the most readily intelligible way of stating the case. Really the financial position is, that the Indian Government have for many years been the losers and the planter has been the gainer, by the depreciation of the rupee from its par value. But the latter has been so accustomed to look upon this gain, not as a bonus but as an integral part of his profits, that the estimates of his undertaking have been based on its perpetual continuance, and this calculation has in many parts of India, where labour is comparatively dear and where the yield of tea is comparatively low, interposed the only barrier between profit and loss, between cultivating a tea garden so as to pay, or the reverse. So much indeed has this been a part of the planter's financial creed, that only the other day I read in one of their reports the following: "I have lost twenty per cent. on the remittances received last week;" the fact of course being, to less tutored minds, that of the forty per cent. which the writer had been in the habit of gaining on his remittances he had lost, or to be more accurate, he had failed to realise, more than a half. Now, however, if even part of the recent advance in the value of silver is maintained, this source of revenue, which has always been purely fortuitous and absolutely unstable, is swept away or very much curtailed. The

enterprise has entered upon a more difficult, but, I may be permitted to add, a more healthy phase of its existence.

THE TEA ENTERPRISE IN CEYLON.

The enormous and rapid extension of tea cultivation in Ceylon and many parts of India was, we know, the result of two special motive causes, the one being the dissatisfaction felt with the quality of the tea imported into this country from China, and the other the failure of the coffee enterprise owing to the ravages of what was too familiarly known as the leaf disease (Hemeleia vastatrix). The quondam coffee planters faced their troubles with a patient perseverance which merited a better reward. For not only did they fight with hopes delusively renewed every year by the apparently returning vigour of their plantations (whose leaf crop was never more glossy and abundant than just before a fresh attack of the fatal disease), for the preservation of their coffee trees, but they successively tried the planting of cinchona, cocoa, vanilla, and other products, which one by one failed them in the very hour of anticipated success. Then they sought to retrieve their fortunes, already sorely shattered, by the planting of tea, a shrub or tree known to be indigenous in many parts of India, and little exacting in its demands upon the soil on which it grows. It formed, therefore, a ready and convenient substitute for the discarded coffee trees, and money being a very essential consideration to men whose resources had been exhausted by their protracted struggles, tea plantations, especially in Ceylon, were first formed on the same ground that had been previously occupied by coffee. The product thus originally adopted as a last resource or make-shift has formed in that island its staple industry, so that while in 1873 the exports of tea growers in Ceylon amounted to no more than 23 lbs., they were expected in 1890 to exceed 48 millions of lbs. My readers will be better able to grasp this astonishing fact when they remember that it takes from three to four years to obtain any produce at all from the tea plant. In the third year, that is to say, there is a small return, but practically the planter has to wait till the fourth year for the fruition of his labours. Thus it happened that the first tentative attempt at growing tea having proved unexpectedly successful, the rush into more extended cultivation was immediate and simultaneous.

EXTENSION IN INDIA.

The extension of tea planting in India, in the widely-separated districts of Assam, Cachar, Chittagong, Dooras, Kangra, Ochra,

Doon, Neilgherries, and Travancore, had meanwhile gone on pari passu. I have given the above names approximately in order of the inception of the enterprise in each-Assam taking the lead in point of age, as dating from 1835, and Travancore being the most youthful but not the least formidable competitor. The increase in production has been most marked in the last twenty years, the exports in 1868 having been roughly 8,000,000 lbs., and in 1888, 92,000,000 lbs. To all these districts the tea plant is indigenous, where it forms a tree rather than a shrub in the virgin jungles. According to a legend whose origin is lost in obscurity, it was originally imported into China by one of the gods, whose eyelashes (having been plucked out in a very ungodlike fit of temper) formed the original tea bushes of China. There it formed a separate plant owing to the variety of soil and treatment it experienced, and eventually a hybrid was developed, which, with greater or less admixture of the indigenous and China plants as the circumstances appear to demand, is generally adopted in the plantations of Ceylon. and India. All this extension, it will be observed, has taken place at the expense, and to the injury, of the China tea trade, and the competition has now begun to be, if I may use the word, internecine between the different districts of India and Ceylon. And now has come this question of the rise in silver, which has for the moment disturbed and disjointed all Eastern trade, and which makes the competition in the profitable production of tea still more acute than it formerly was. Those districts alone can hope to survive the struggle which possess the two initial elements of success-viz., a soil and climate suitable to the abundant production of tea leaves, and a plentiful and cheap supply of native labour.

THE SUPPLY OF LABOUR.

Obviously, where labour is not available on the spot, but where it has to be imported from any distance, the expense is a heavy addition to the prime cost of wages. It has been calculated, for example, that it costs something close on one hundred rupees per man, merely to land coolies in one of these districts. And further inducements have to be offered to obtain them even with this outlay. For there the planter has to find his labourers in rations at a fixed price, which seldom if ever recoups their cost, in blankets, in medical attendance, and what not. A still heavier expense, under which many tea districts labour, is what are known, only in not a few instances to be wiped off the wrong side of the ledger, as advances. The headman,