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CHAP. XV.

BURGLARY.

Definition.

A breaking and entering the Mansion-House of another in the Night, with Intent to commit some Felony within the same.

1. What a breaking.

◊ 1.

§ 2.

There must be a Breach procured by the Act of the Felons. ib. Not sufficient if Door left open and Thieves enter. Aliter of Chimnies. But sufficient if Door procured to be opened by Fraud. ib. Even through the Medium of legal Process. ib. Or by any false Suggestion or Pretence. ib. Or by Conspiracy with those within. ib. Or Threat of Force to them. ib.

But if the Owner from Fear throw Money to the Thieves without, no Burglary, but Larceny or Robbery. ib.

3.

What a sufficient Breach of the House in Fact.
Taking out Pane of Window, drawing Latch, turning
the Key of Door locked on the Inside, &c. ib.
Pushing open Trap Door over a Gateway which was
kept closed by its own Weight. ib. Aliter where
Glass of Window broken but not the Shutter. ib.
Or where Wall of Curtilage broken or overleapt. ib.
But breaking a Door in the Inside sufficient.
Though by one who lived in the House. ib.

$4.

Qu. of a Guest at an Inn breaking his own Chamber?

ib.

Breaking Fixtures within, though annexed to the Freehold, not sufficient.

5.

Entry by Day or Night, and afterwards breaking out in the Night, declared Burglary by Stat. 12 Ann. c. 7.

2. What an Entry.

§ 6. $7.

If any Part of the Body be within the House. $7.
Or any Instrument holden in the Hand and inserted
for the Purpose of committing a Felony. ib. Qu. as
to a Gun discharged at some Distance into the
House? ib.

Entry need not be at same Time as breaking. ib. 3. What a Mansion or Dwelling-house.

§ 8.
$ 9.

i. What Buildings are included in this Term.
Every House, Chamber, Room, &c. for dwelling,
however situated. ib. But not a Booth or Tent. ib.
All Outhouses Parcel of the Messuage, or within the
Curtilage and occupied with it, though not under
the same Roof.
§ 10.
Aliter, if there be a distinct Occupation, though un-
der the same Roof, or within the same common
Fence. ib.

ii. What Inhabitaney is required.

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§ 11.
Need not be continued if usual, or at certain Times
of the Year. ib. But there must be animus re-
vertendi. ib.

A mere casual Inhabitancy not sufficient. ib.
What a beginning to inhabit.

12.

Not the putting the House into a Workman's Hands
to repair. ib. Nor putting in all the Tenant's Fur-
niture, if he never slept there. ib. Nor even a
sleeping there by Strangers or Workmen, for a
particular Purpose, being none of the Owner's
Family. ib. Nor even by a Servant for three
Weeks before, he being placed there merely as a
Guard at Night, not living there in the Day-time,
nor the Owner ever intending to inhabit it. ib.
Aliter, where an Executor sent his Servants into
the House to inhabit generally, though he never
slept there. ib.

4. To whom the Mansion shall be said to belong.

General Rule. ib.

i. What an inhabiting suo jure.

13.

$14.

By Servants, or Officers, for their Employers. ib.

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$15.

Qu. the Case of a Guest opening his own Chamber

Door? ib.

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16.

By Wife or Family for Husband, &c.
ii. What Severance of Occupation in the same House will
make so many several Mansions in Law. § 17.
By Partners; though Rent and Taxes paid out of
joint Stock. ib. Difference between temporary
Partitions between two Strangers, and between a
Stranger and the Owner, where one departs. ib.
Chambers in Inns of Court several Mansions, though
Owner inhabits in the same Staircase. ib.

Inmates entering by same common Door with Owner
have no separate Mansion.

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§ 18.
Aliter, if Owner do not dwell there, or have a sepa-
rate Entrance. ib. In which case another Apart-
ment of the Inmate, though at a Distance from his
Chamber where he slept, is Part of his Mansion. ib.
If Owner inhabit and enter by the same common
Door, he cannot commit Burglary in the Lodger's
Apartments. ib. But mere Occupation of the
Owner, without inhabiting Part of House, makes
no Difference as to Inmates.

$19.
If Part of a House be severed by Lease, and a distinct
Entrance, and Lessee do not inhabit it, no Burg-
lary can be committed therein.
§ 20.
Aliter, if there be the same common Entrance with
the Owner to Part of what is so let. ib.

5. What a breaking, &c. in the Night.

. § 21. Not in the Twilight. ib. Aliter by Moonlight, Breaking one Night and Entry another, sufficient. ib.

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6. As to the Intent.
§ 22.
The breaking, &c. must be with Intent to commit
some Felony within the House. ib. Aliter, where
it was to get Money before taken by Breach of
Trust. ib. Or to recover Goods for the supposed
Owner. ib.

Qu. if Intent laid to rescue smuggled Goods made
Felony by Statute? Semble sufficient, as to commit
Rape. ib.

Trial.

§ 23.

Indictment,

483

Indictment, Appeal, Evidence, and Verdict.

$24. Form of Indictment. ib. It must be charged burglariously breaking and entering. ib. In a Dwelling-house. ib. To whom belonging. ib. In the Night; the Hour to be laid. ib.

Intent.

§ 25.

If stealing alleged, and Intent to steal only proved, not sufficient. ib. Aliter, if Intent only alleged, and Fact proved. ib. If Intent were only to commit Trespass, not sufficient. ib. Nor if Intent to commit one Felony laid, and Proof of another. ib.

But sufficient always to allege the Felony actually committed. ib.

The same Fact may be laid with different Intents. § 26. Other Offences compounded with Burglary laid in the same Indictment.

Verdict and Judgment.

$27.

§ 28.

How to be entered where Acquittal of Part of the
Charge. ib.

Auterfoits acquit, where pleadable to a second Indic-
ment for same Burglary, with a different Intent. § 29.

Clergy and Punishment.

Reward. Certificate. ib.

§ 30.

Having Implements for Housebreaking in Possession. ib.

Burglary.

$ 1.

Definition.

3 Inst. 63.

Sum. 79.

BURGLARY, which is dro, a

URGLARY, which is derived from the German burg,

a

at corn

a house, and laron or latro, a thief, is a felony at com

I Hale, 549, &c. mon law, and is generally defined to be,-A breaking and entering the mansion-house of another, in the night, with 1 Hawk. ch. 38. intent to commit some felony within the same, whether such 4 Blac.Com.224. intent be executed or not. The learning upon this subject

s. 1.

Staundf. 30.

1 Bac. Abr. 539.

will best be exhibited under the several parts of this definiCrompt. Just.31. tion.

1. What is a breaking.

2. An entering.

3. A mansion-house.

4. Of whom.

5. In the night.

6. As to the intent,

1. There

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