609449-1928-Supplementary-Draft-Bill--Larceny-Amendment — Page 2

House- breaking

with intent to

commit

felony.

(6 & 7 Geo.

V, c. 50, s. 27)

593-

45. Every person who, with intent to commit any felony therein,—

(1) enters any dwelling-house in the

night; or

(2) breaks and enters any dwelling- house, place of divine worship or any building within the curtilage, or any school-house, shop, ware- house, counting-house, office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government Department, or to any other public authority; shall be guilty of felony, and shall be liable to imprisonment for any term not exceeding seven years.

4. The following heading and section are inserted in Insertion the Larceny Ordinance, 1865, immediately after section of new

49 thereof:-

Larceny of goods in process of manufacture.

Larceny of good in process of

manufacture. (6 & 7 Geo.

V, c. 50, s. 9)

49A. Every person who steals, to the value of five dollars, any woollen, linen, hempen Or cotton yarn, or any goods or article of silk, woollen, linen, cotton, alpaca or mohair, or of any one or more of those materials mixed with each other, or mixed with any other material, whilst laid, placed or exposed, during any stage, process or progress of manufacture in any building, field or other place, shall be guilty of felony and shall be liable to imprisonment for any term not exceeding fourteen years.

section 49A in Ordinance No. 5 of 1865.

Objects and Reasons

1. The object of this Ordinance is to effect certain desirable amendments in the Larceny Ordinance, No.

5 of 1865.

2. A new section 39 is substituted for the old section 39 of the Larceny Ordinance 1865, such new section being based upon the language of section 25 of the English Larceny Act, 1916, which includes the offence of burglary at common law as well as the previous offence of burglary by statute law. It is convenient to make both kinds of burglary statutory offences.

3. Section 3 of this Ordinance substitutes the pro- visions of sections 26 and 27 of the English Larceny Act of 1916, for the provisions of sections 44 and 45 of the present Larceny Ordinance, 1865, which latter sections are founded on the provisions of the English Larceny Act of 1861.-The advantages of the new sections 44 and 45, which are enacted by section 4 of this Ordinance, over the present sections 44 and 45, are that they include after the word "counting-house" the additional new words "office, store, garage, pavilion, factory, or workshop, or building belonging to His Majesty, or any Government Department or to any public authority".-In this way section 4 of this Ordinance materially and usefully extends the scope of the law as to housebreaking and brings our Legislation on this subject abreast of English statute law.