ancient English law, _hamesucken_[1]), at
common law, the offence of breaking and entering the dwelling-house of
another with intent to commit a felony. The offence and its punishment are
regulated in England by the Larceny Act 1861. The four important points to
be considered in connexion with the offence of burglary are (1) the time,
(2) the place, (3) the manner and (4) the intent. The _time_, which is now
the essence of the offence, was not considered originally to have been very
material, the gravity of the crime lying principally in the invasion of the
sanctity of a man's domicile. But at some period before the reign of Edward
VI. it had become settled that time was essential to the offence, and it
was not adjudged burglary unless committed by night. The day was then
accounted as beginning at sunrise, and ending immediately after sunset, but
it was afterwards decided that if there were left sufficient daylight or
twilight to discern the countenance of a person, it was no burglary. This,
again, was superseded by the Larceny Act 1861, for the purpose of which
night is deemed to commence at nine o'clock in the evening of each day, and
to conclude at six o'clock in the morning of the next succeeding day.

The _place_ must, according to Sir E. Coke's definition, be a
mansion-house, _i.e._ a man's dwelling-house or private residence. No
building, although within the same curtilage as the dwelling-house, is
deemed to be a part of the dwelling-house for the purposes of burglary,
unless there is a communication between such building and dwelling-house
either immediate or by means of a covered and enclosed passage leading from
the one to the other. Chambers in a college or in an inn of court are the
dwelling-house of the owner; so also are rooms or lodgings in a private
house, provided the owner dwells elsewhere, or enters by a different outer
door from his lodger, otherwise the lodger is merely an inmate and his
apartment a parcel of the one dwelling-house.

[v.04 p.0818] As to the _manner_, there must be both a breaking and an
entry. Both must be at night, but not necessarily on the same night,
provided that in the breaking and in the entry there is an intent to commit
a felony. The breaking may be either an actual breaking of any external
part of a building; or opening or lifting any closed door, window, shutter
or lock; or entry by means of a threat, artifice or collusion with persons
inside; or by means of such a necess