BURGLARY (through the old Fr. from Lat. burgi latro, a robber of a burg or inclosure), in the criminal law of England, is defined to be a breaking and entering the mansion-house of another in the night. with intent to commit some felony within the same, whether such intent be executed or not. It is peculiar to this crime, that it can only be committed in the which, by the 24 and 25 Vict. c. 96, s. 51, is consid ered as commencing at nine in the evening, and concluding at six in the morning of the next day. The next requisite of the crime, according to the definition we have given, relates to the place of its commission. It must be in a mansion-house, for such is the technical expression; but this is construed to mean any private dwelling, or any build ing temporarily or permanently used for that purpose. It cannot be committed in a distant barn, warehouse, or the like, unless there be a communication with the dwelling house, nor in a house where no one resides. But it is B. to break into a house which is used as an occasional residence, and which the owner is in the habit of leaving for a short period, with the intention of returning, even although no one be in the house at the time of the offense. A chamber in a college, or an inn of court, is also within the meaning of a mansion-house; so likewise is a room or lodging in any private house, if the owner and the lodger enter by different outer doors; but if they both enter by one outer door, then the house is described as that of the owner. For the same reason, a building belonging to a corporation, and separately inhabited by the officers of the body corporate, is the mansion-house of the corporation, and not of the officers. Again, a shop which is part of another man's house, and hired merely for the purpose of work or trade, is not a dwelling-house, but B. may also by express enactment be committed in it, though the punishment is not quite so severe. This offense cannot be committed in a tent or booth erected in a market or fair, though the owner may lodge therein, for his doing so makes it no more B. to break open such an erection, than it would be to uncover a tilted wagon under the same circumstances. But it may be committed by breaking open a Church, which, according to sir Edward Coke, is doraus munsionalis Del, that is, the mansion-house of God, and is now expressly protected.
As to the manner of committing B., it is laid down by Blackstone that there must be both a breaking and an entry to complete it. There must, in general, be an actual breaking, a substantial and forcible irruption—as, at least, by breaking, or taking out the glass of, or otherwise opening a window; picking a lock, or opening it with a key; nay, by lifting up the latch of a door, or unloosening any other fastening. But if a person leaves his doors or windows open, it is his own folly and negligence, and if a man enters therein, it is no B.; yet if he afterwards unlocks an inner or chamber door, it is
so. To come down a chimney is held a burglarious entry, for that is as much closed as the nature of thins will admit; so also to knock at a door, and upon its being opened, to rush in with a felonious intent; or, under pretense of taking lodgings, to fall upon the landlord, and rob him. If the servant conspires with a robber, and lets him into the house by night, this is B. in both.
The intent must also appear, otherwise the offense will amount only to a trespass; and it must be an intent to commit felony, which may be inferred from the conduct of the offender while in the house.
The punishment for this crime is now regulated by the act 24 and 25 Viet. c. 96, called the larceny consolidation act. The provisions are to the effect, that any one con victed of B. shall be liable to penal servitude for life, or any term not less than five years, or to be imprisoned for any term not more than two years; and in the case of imprisonment, hard labor and solitary confinement may be superadded. It is further enacted, that whosoever shall burglariously break and enter into any dwelling-house, and shall assault with intent to murder any person being therein; or shall stab, cut, wound, beat, or strike any such person, shall be guilty of felony, and suffer penal ser vitude for five to seven years, or two years' imprisonment and hard labor. And by the same statute, section 58, it is enacted that any person found by night, armed with any dangerous or offensive weapon or instrument, or with housebreaking implements, or with face blackened or disguised, with intent to enter any buildings, and to commit felony therein; or if lie be found by night in any building with intent to commit a felony therein—is liable to penal servitude for five years, or imprisonment not exceed ing two years; and in case of a second conviction, is liable either to such imprisonment or to penal servitude for a period not less than five years, and not exceeding ten years.
Blackstone observes, that this offense was anciently called hamesecken, as, he adds, it is in Scotland to this day. But the Scotch law on this subect has some points of difference—hamesecken, or hamesucken, as it is spelled in the Scotch books, not being quite identical with B.: thus, the former is an offense exclusively against the person, and it may be committed in the daytime as well as at night; and there are other points of dissimilarity. The Scotch law relating to housebreaking and stout/mil affords analo gies. See HAIMSUCEEN, HOUSEBREAKING, STOLTHRIEF, LARCENY, ROBBERY, ASSAULT.
a village of Switzerland, in the canton of Uri, about 2 m. from Altorf. It is celebrated as the birthplace of William Tell. The supposed site of the patriot's house is now occupied by a chapel, upon the walls of which are represented certain well-known scenes from his history. Pop. '71, 1391.