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BURGLARY

Volume 5 · 139 words · 1860 Edition

or Nocturnal House-Breaking (burglatrocinium), which by the ancient English law was called hamecmenken (a word also used in the laws of Scotland, but in a somewhat different sense), has always been looked upon as a very heinous offence. The definition of a burglar, as given by Sir Edward Coke, is, "he that by night breareth and entereth in a mansion-house with intent to commit a felony." The offence and its punishment are under the provisions of the 7th Will. IV., and 1st Vict., c. 86, which require the night to be reckoned from nine in the evening until six in the morning, and applies the punishment of death where the offence is accompanied by personal violence, long transportation (now liable to be commuted to penal servitude), or imprisonment, being the punishments for the more mitigated form of the offence.