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After sunset, or before 6 in forenoon, to assault or injure habitation or property, break into house, &c. open doors by menaces, forcibly take horse, weapon, money, &c. or delivery by threats,
felony, death.
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[IV.((a)
)] And be it enacted by the authority aforesaid, that from and after the first day of March one thousand seven hundred and seventy six if any person or persons shall at any time after sun set and before sun rise, or before the hour of six in the forenoon though the sun should be arisen, maliciously assault or in any manner whatsoever maliciously injure the habitation, property, goods, or chattels of any other person or persons, or shall forceably and maliciously break into his, her, or their house, barn, or out house, or shall maliciously cause any door to be open by threats, menaces, or shall forceably take or carry away any horse, gelding, mare, or mule, or any gun, sword, or other offensive weapon, or any money, or goods, or chattels, without the consent of the owner, or shall cause the same, or any of the same, to be delivered to them by threats or menaces, all and every person or persons so offending, being thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony without the benefit of clergy.
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