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Every person who shall be found by night—
(1)armed with any dangerous or offensive weapon or instrument, with intent to break or enter into any building and to commit any felony therein ; or
(2)having in his possession without lawful excuse (the proof whereof shall lie on such person) any key, picklock, crow, jack, bit, or other implement of house-breaking ; or
(3)having his face blackened or disguised with intent to commit any felony ; or
(4)in any building with intent to commit any felony therein ;
shall be guilty of a misdemeanour and on conviction thereof liable—
(a)if he has been previously convicted of any such misdemeanour or of any felony, to penal servitude for any term not exceeding ten years ;
(b)in all other cases, to penal servitude for any term not exceeding five years.
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