28Being found by night armed or in possession of housebreaking implements
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.