Polynesian., 1850-07-20
Bp Antbor ritp.
AN ACT
ESTABLISHING A PENAL CODE.
Continued from last week.)
CHAPTER XIV.-Burglary and House

| OhArihn al .-D"StHy un0 house
/ Breaking
/. Whoever in the night breaks and en-
tiers the dwelling house of another with in
tent TO commit murder, rape, arson, rob-
berry, larceny or other felony, within the
same or by day or night enters the same
with such intent, and in the night breaks
with such intent any apartment thereof; or
In the night enters the same with such in
tent and breaks out, or being an inmate
therein, in the night breaks and enters, with
such intent, any apartment thereof, without
any right or authority 10 e.:ter the same, at
the time, is guilty Of burglary, and shall be
punished by fine and Imprisonment at hard
labor not to exceed one thousand dollars,
nor more than ten years.
2. To constitute burglary il is not neces
sary that any crime within the meaning Of
the above section should be actually COM
mitted !; but simply that the intent to COM
NIT some such crime should exist, either at
the time of entry or breaking.
8. There are two kinds of breaking, ac-
tual and constructive. An actual breaking
may be made ..-s
BY breaking the substance of door or
window as the glass, sash, panel or shut
ters:
By unfastening either and opening it; as
by raising latch andpushing open door:
By merely opening either when closed
but not fastened as by raising sash,
window, or pushing open door:
BY catering chimney (; or by breaking
the sides of an aperture SO as to enlarge it
and thereby enter:
By breaking, removing or opening the
roof, wall, ceiling, floor or any defense or
barrier against entry, which is a parcel of
the dwelling house.
4. But the entering by any aperture
found open is not breaking; as by a hole
in the roof or wall, other than chimney,
or by an open door or window. Neither is
the opening of any window, door, Or other
aperture partly open, further than it was
open before, in the manner in which it was
intended by its construction TO be opened,
breaking.
5. A constructive breaking, is where an
entrance is obtained,
By violence or by threats of injury TO per-
aons or properly, or other intimidation, or
by making irightful noises, using or showing
dangerous weapons, attacks on the house or
inmates and the like:
By fraud or trick, as by abuse of or un-
der pretense Of process or legal authority,
or Of business with one within or by fraud
ulently persuadng another to give admiss-
ion or by knocking or otherwise pretend-
ing right or lawful occasion to enter:
By admission by an accomplice, in which
case the entry is abreaking by both.
6. 1t is essential to burglary that there
should be an entry, which may be made by
introducing the hand, foot, finger, or any
part of the body into the house or any apart
ment thereof entered or by discharging or
throwing any missile, or introducing any in
sirument or any part thereof into the same !;
provided, that the missile or instrument be
used as means of committing or attempt
ing to commit any ofense enumerated in
section first, and not merely as means OF
breaking
IA house is not dwelling house, in re-
spect to burglary, unless it be occupied as
such at the time of the breaking and entry.
Provided, however, that a building may con-
tinue TO be dwelling house, when not used
at the time for sleeping or lodging therein,
lif it has been previously so used by per-
son having a settled intention so 10 use IL
again, and doing such acts as continue his
constructive occupancy. t.
s. A dwelling house, in respect TO bur
glary, is the dwelling house Of the person.
who occupies the same as such, HIMSELF
personally, or by the members Of bis family,
guests Of his inn, his boarders, visitors,
agents or servants, placed or continued
therein by his authority. But where such
member, guest, boarder, visitor, agent or
Iservant is tenant for term, or at will, or
at sufferance, the dwelling house shall be
considered as his.
9. The government, or any public or pr-
vate corporation, may occupy dwelling
house by others. according to the same
rules by which an individual may do so.
10 The breaking necessary 10 constitute
burglary, may be on different night from
the entry. ..e.-=-
IL. Whoever commits burglary, armed
with dangerous weapon at the time OF
breaking, or entering, or al any time while
he is within the house, where any person,
not party 10 the burglary is then resident
within the dwelling house, is guilty of aggra-
vaied burglary, and shall be punished by inn
prisonment at hard labor, in the discretion
Of the court, for life or any number OF years.
IL Whoever in the MI ght enters the dwell
ling house Of another, even though he COM
nit no breaking to obtain entry, with the IN
tent TO commit felony within The same,
where any person, not party thereto IS
then resident within such house, such Offend
being armed with dangerous weapon at
theitime Of entering, or at any time while he
is within such house, or committing an as
sault therein on any such resident person, or
putting him in fear, shall be punished by
at hard labor not more than
twenty years. s,