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497.   Burial liability. Failure to bury corpse

Revised Laws of Saint Lucia (2021)

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497.   Burial liability. Failure to bury corpse

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    (1)   The person who is under a duty to cause the dead body of any person to be buried, and is able to do so, fails to perform such duty, is liable on summary conviction to a fine of $1,000.

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    (2)   For the purposes of subsection (1), such a duty is incumbent on the husband, wife, father, mother (whether the deceased was legitimate or illegitimate) or heir, tutor or curator of the deceased, or any guardian of a deceased child, or any householder on whose premises the body lies in default of any other person whose duty it is to bury or defray the burial expenses of the deceased.

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    (3)   Where the deceased is an illegitimate child below the age of 18 years, the Court may also make an order against the reputed father of the deceased requiring him to bury the deceased if it is satisfied that the evidence proves that he is the reputed father, unless the defendant satisfies the Court that a Court of competent jurisdiction has adjudged that he is not the reputed father of the deceased.

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    (4)   No order shall be made against any defendant whom the Court considers is, without any fault of his or her, too poor to defray the expenses of the burial, or if the Court is of opinion that the burial expenses should not be defrayed by the defendant in the circumstances.

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    (5)   A person who is convicted under this section may in lieu of, or in addition to any other penalty or punishment to which he or she may be liable, be adjudged by the Court to pay to the complainant, or to a relieving officer or to such other person as the Court may direct, the cost of burial of any such dead body.

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    (6)   Any sum so adjudged may be recovered by such process, including imprisonment in default of payment, according to the scale of imprisonment in default of payment of a fine as the Court may direct.

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    (7)   Nothing in this section shall affect the civil liability of any person in respect of any burial expenses, except that a person who has satisfied any burial expenses for which he or she is liable shall not again be proceeded against in respect of the same claim.

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