SEC. 3. That if any person shall, in the night season, break open and enter any mansion, house, shop, store or any other house or building whatever, boat or other water craft in which any person shall reside or dwell, and shall commit or attempt to commit any personal violence or abuse, or shall be so armed with any dangerous weapon, as to indicate a violent intention, the person so offending, shall upon conviction thereof, be fined in any sum not exceeding three hundred dollars. and be imprisoned in the cell or dungeon of the jail of the county, not exceeding thirty days, at the discretion of the court.