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23.   Sale of impounded animal

Revised Laws of Saint Lucia (2021)

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23.   Sale of impounded animal

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    (1)   Subject to subsection (2), a poundkeeper may, on such days as he or she thinks fit, put up for sale by public auction any animal which has been detained for more than 4 days, inclusive of the day of seizure, and may sell and deliver the animal to the best bidder, and, if the amount of the bid is not forthwith paid, may put the animal up for sale again. (Amended by Act 27 of 2005)

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    (2)   The poundkeeper shall give 3 days notice published in the Gazette that he or she intends to sell an impounded animal by public auction. (Amended by Act 27 of 2005)

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    (3)   The notice referred to in subsection (2) shall include—

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      (a)     details of the location where the animal was found;

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      (b)     the number and type of animal;

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      (c)     where and how the animal is branded;

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      (d)     the sex and colour of the animal and any other descriptive marks;

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      (e)     the name of the person who impounded the animal;

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      (f)     the time and place of the auction.

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    (3a)   Notwithstanding subsection (1), an owner of an impounded animal who identifies himself or herself before the sale of the impounded animal shall upon request be given possession of his or her animal, provided that the owner of the impounded animal has paid to the poundkeeper all of the costs pursuant to section 21(1). (Inserted by Act 27 of 2005)

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    (4)   A poundkeeper shall deduct out of the proceeds of the sale referred to in subsection (1)—

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      (a)     the costs prescribed under section 21 (1); and

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      (b)     the expenses of the sale.

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    (5)   Subject to subsection (6), the poundkeeper shall pay the balance, if any, of the surplus referred to in subsection (4)—

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      (a)     to the owner of the animal; or

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      (b)     to the person authorised by the owner, if the owner or the person attends and demands the cost.

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    (6)   Where the poundkeeper has been notified of any damage caused by the trespass of the animal sold under this section, the poundkeeper shall—

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      (a)     pay the surplus or the balance remaining in his or her possession to the clerk of the court in which the pound is situated, to be kept by him or her until the claim for damage has been resolved; or

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      (b)     for a period of 6 months after the sale,

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    whichever is the shorter; and if at the end of that period the clerk has in his or her possession any portion of the moneys received on account of such sale, he or she shall pay the money to the Accountant General.

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