816
Housebreaking, &c., with intent to commit any felony.
Being armed with intent to break and enter any house, &c., in the night.
The like, after a previous conviction.
Stealing in a dwelling house to the value of $25.
ORDINANCE No. 7 OF 1865.
Larceny, &c.
45. Whosoever shall break and enter any dwelling house, church, chapel, meeting-house, or other place of divine worship, or any building within the curtilage, school house, store, shop, warehouse, godown, or counting house, with intent to commit any felony therein, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding seven years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.
46. Whosoever shall be found by night armed with any dangerous or offensive weapon or instrument whatsoever, with intent to break or enter into any dwelling house, or other building whatsoever, and to commit any felony therein, or shall be found by night having in his possession without lawful excuse (the proof of which excuse shall lie on such person) any picklock key, crow, jack, bit, or other implement of housebreaking, or shall be found by night having his face blackened or otherwise disguised with intent to commit any felony, or shall be found by night in any dwelling house, or other building whatsoever with intent to commit any felony therein shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement.
47. Whosoever shall be convicted of any such misdemeanor as in the last preceding section mentioned, committed after a previous conviction, either for felony or such misdemeanor, shall on such subsequent conviction be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding ten years and not less than three years, or to be imprisoned for any term not exceeding two years, with or without hard labour.
As to Larceny in the House:-
48. Whosoever shall steal in any dwelling house any chattel, money, or valuable security, to the value in the whole of twenty-five dollars or more, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the Court, to be kept in penal servitude for any term not exceeding fourteen years and not less than three years.