400
PUBLIC RECORD OFFICE
Reference :-
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TILIC.O.885
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
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(c) counselling or procuring any person to commit of the offences as last aforesaid,
he is liable to penal servitude for life.
246.-Definitions of "Breaking," Dwelling-house."
"
Entering," and
"
any
Any person who enters or leaves a building by any means A. 277. except an unlocked door or an open window, breaks, or breaks B. 297. out of, the building.
A
C. 418, 1. Stephen's Dig. Art.
who obtains entrance into a building by means of 341, n. person any threat or artifice used for that purpose, or by collusion with any person in the building is deemed to break the building.
A person enters a building as soon as any part of his person or any part of any instrument used by him, is within the building.
A dwelling-house is a permanent building or structure, or any part thereof, which is kept by the owner or occupier for the residence therein of himself, his family or his servants, or any of them, although it may occasionally be unoccupied.
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A building or structure adjacent to and occupied with a 24 & 25 V. dwelling-house is deemed to be part of the dwelling-house, if c. 96, s. 53. there is a communication between such building or structure and such dwelling-house, either immediate or by means of a covered [and inclosed] passage, leading from one to the other, but "not otherwise.
247.—Breaking Dwelling-Houses,
Any person who breaks a dwelling-house and commits a A. 280–2. felony or misdemeanour therein, or who breaks a dwelling- B. 300-2. house with intent to commit a felony or misdemeanour therein, C. 419. or who breaks out of a dwelling-house after having committed Code Bill, a felony or misdemeanour therein, is guilty of felony and if 1878, 224. the offence is committed by night is liable to penal servitude o. 96, ca. 52, for life.
If the felony or misdemeanour committed, or which the accused person intended to commit, is one which is also a simple offence, the breaking, or the breaking out is also a simple offence.
248.—Breaking other Buildings,
24 & 25 V.
56-7.
24 & 25 V.
Any person who breaks any shop, warehouse, office, manu- A. 293-4. factory, place of worship, school-house, museum, or library, B. 303-4. or any building or structure adjacent to a dwelling-house, and C. 421-4. occupied with it, but not part of it, and commits any felony or 6.96, B. misdemeanour therein, or who breaks any such building as 55–7. aforesaid with intent to commit any felony or misdemeanour therein, or who breaks out of any such building after having committed any felony or misdemeanour therein, is guilty of felony; and if the offence is committed by night is liable to pena! servitude for ten years.
If the felony or misdemeanour committed, or which the accused person intended to commit is one which is also a simple offence, the breaking, or the breaking out is also a simple offence.
A. 285-7.
B. 305.7,
0.425.
24 & 25 V.
o. 96, s. 58.
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249.-Persons found armed with Intent to break a
Dwelling-House, &c.
Any person who is found
(1) armed with any offensive or dangerous weapon by day, with intent to break any dwelling-house, and to commit a felony or misdemeanour therein; or
(2) armed 18
aforesaid by night, with intent to break any building or structure, and commit a felony or mis- demeanour therein; or
(3) having in his possession by night, without lawful excuse, any instrument of house-breaking; or
(4) having in his possession by day any such instru- ment with intent to commit a felony or misdemeanour; or (5) having his face masked or blackened, or being otherwise disguised, with intent to commit any felony or misdemeanour; or
(6) being in any building by night with intent to commit a felony or misdemeanour therein,
is guilty of a misdemeanour.
2.
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