100

No. 5 of 1865.

Immaterial by whom violence etc.. to be caused.

24 & 25 Vict. c. 96, s. 49.

Breaking and entering church, etc., and committing felony. 24 & 25 Vict. c. 96, s. 50. [cf. No. 3 of 1903.]

Burglary by breaking out.

LARCENY.

37. It shall be immaterial whether the menaces or threats hereinbefore mentioned are of violence, injury, or accusation to be caused or made by the offender or by any other person.

Sacrilege, burglary, and housebreaking.

38. Every person who

(1) breaks and enters any church, chapel, meeting house, or other place of divine worship, and commits any felony therein; or,

(2) being in any church, chapel, meeting house, or other place of divine worship, commits any felony therein and breaks out of the same,

shall be guilty of felony, and shall be liable to imprisonment for life, and, if a male under the age of sixteen years, with or without whipping.

39. Every person who--

(1) enters the dwelling-house of another with intent to commit any felony therein; or,

(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.

40. Every person who is convicted of the crime of burglary shall be liable to imprisonment for life, and, if a male under the age of sixteen years, with or without whipping.

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.

42. Every person who enters any dwelling-house in the night, with intent to commit any felony therein, shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding seven years.

*See No. 10 of 1886, Second Schedule.

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