1901_LARCENY_ORDINANCE__1865 — Page 13

1.D. 1865.

ty, or other

A.D. 1865.]

felony therein; or,

LARCENY.

[No. 5.

199

ed thereof,

t with hard o imprison- thout hard

uale under

e any other violence to catening to as herein-

ke, accept, le security,

her person

body cor- chment, in to, or used

lony, and, the Court,

it less than

wo years, onfinement, Swhipping.

its herein- caused, or

e, or other

1: or,

r place of out of the

be liable. labour for ument for

r and with

of sixteen

mmit any

(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 Burglary. 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.

as to build- ing within

1b. s. 53.

41. No building, although within the same curtilage with any dwel- Explanation ling house and occupied therewith, shall be deemed to be part of such dwelling house for any of the purposes of this Ordinance unless there cartilage. 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.

Entering house in the dwelling

night with commit

intent to

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 im- prisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment for any term not excred- felony. ing two years, with or without hard labour and with or without solitary confinement.

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,

Ib. s. 54.

Breaking into

building tilage, etc.. part of not being

within cur-

dwelling

(2.) being in any such building, commits any felony therein, and breaks committing

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.

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,

felony.

Ib. s. 55.

Breaking into dwelling

house, etc.. and commit.

ting felony. Ib. s. 56.