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191.   Property capable of being stolen

Revised Laws of Saint Lucia (2021)

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191.   Property capable of being stolen

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    (1)   A person cannot steal land, or things forming part of land severed from it by him or her or by his or her direction, except in the following cases—

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      (a)     when he or she is a trustee or personal representative, or is authorised by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he or she appropriates the land belonging to another, or anything forming part of it by dealing with it in breach of the confidence reposed in him or her; or

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      (b)     when he or she is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or

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      (c)     when, being in possession of the land under a tenancy, he or she appropriates the whole or part of any fixture or structure let to be used with the land.

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    (2)   For the purposes of subsection (1)—

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      (a)     “land” does not include incorporeal hereditament;

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      (b)     “tenancy” means a tenancy which may be for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy; and

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      (c)     “let” shall be construed accordingly.

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    (3)   Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or carcass of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in the course of reducing it into possession.

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    (4)   Anything produced by or forming part of any living creature capable of being stolen or otherwise dishonestly appropriated is capable of being stolen or otherwise dishonestly appropriated.

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    (5)   Any person who, without lawful authority or excuse, the proof of which lies on him or her, sets loose or drives or takes or removes or entices away any animal capable of being stolen is liable to prosecution and punishment for stealing the animal.

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