Provision

A person is said to commit "house-breaking" who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of it in such six ways, that is to say :-

First.-If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.

Secondly.-If he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, forhuman entrance; or through any passage to which he has obtained accessby scaling or climbing over any wall or building.

Thirdly.-If he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened.

Fourthly.-If he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass.

Fifthly.-If he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault.

Sixthly.-If he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass


Simply put

House-breaking involves commission of house-trespass if the offender either enters the house or any part of it in any of the six ways described herein; or if he is already in the house or any part of it either for the purpose of committing an offence or after having committed an offence therein, he leaves the house or its part, where he is, in any of the following six ways :

First: It he either enters or quits through a passage which has been made either by himself, or by any abettor of house-trespasser, in order to commit house-trespass.

Secondly: If he either enters or quits through any passage which no other person except the offender himself or an abettor of the offence intends for human entrance; or through any passage where he has been able to cause by scaling or climbing over any wall or building.

Thirdly: If he either enters or quits through any passage which has been opened either by him or by any abettor of the house-trespass in order to commit the house- trespass by any means by which the occupier of the house had no intention to open that passage.

Fourthly: If he either enters or quits by opening any lock in order either to the committing of the house-trespass or in quitting the house after a house-trespass.

Fifthly: If he either enters or quits by either using criminal force or committing an assault or by threatening any person with assault.

Sixthly: If he either enters or quits by any passage about which he has knowledge that the same has been fastened against such entrance or departure, and he himself or an abettor of the house-trespass has unfastened it.



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