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.