A.D. 1865.
LARCENY.
[No. 5.
199
1.D. 1865.]
(2.) being in such dwelling house, commits any felony therein, and in either case breaks out of the said dwelling house in the night, shall be deemed guilty of burglary.
24 & 25 Viet. c. 96 s. 52.
40. Every person who is convicted of the crime of burglary shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.
Burglary.
1b. s. 53.
41. No building, although within the same curtilage with any dwelling house and occupied therewith, shall be deemed to be part of such dwelling house for any of the purposes of this Ordinance unless there is a communication between such building and dwelling house, either immediate or by means of a covered and enclosed passage, leading from the one to the other.
Explanation as to building within curtilage.
42. Every person who enters any dwelling house in the night, 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 imprisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
Entering house in the night with intent to commit felony.
43. Every person who-
(1.) breaks and enters any building, and commits any felony therein, such building being within the curtilage of a dwelling house and occupied therewith, but not being part thereof, according to the provision hereinbefore mentioned; or,
(2.) being in any such building, commits any felony therein, and breaks out of the same,
shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping.
Breaking into building within curtilage, etc., not being part of dwelling house, and committing felony.
Ib. s. 54.
44. Every person who-
(1.) breaks and enters any dwelling house, school house, store, shop, warehouse, godown, or counting-house, and commits any felony therein; or,
(2.) being in any dwelling house, school house, store, shop, warehouse,
shall be guilty of felony.
Breaking into dwelling house, etc., and committing felony.
Ib. s. 55.
Ib. s. 56.