Other Forms of Theft: Difference between revisions
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==Misc Forms of Theft== | ==Misc Forms of Theft== | ||
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Latest revision as of 18:50, 31 May 2024
Misc Forms of Theft
- Oysters
323 (1) Where oysters and oyster brood are in oyster beds, layings or fisheries that are the property of any person and are sufficiently marked out or known as the property of that person, that person shall be deemed to have a special property or interest in them.
- Oyster bed
(2) An indictment is sufficient if it describes an oyster bed, laying or fishery by name or in any other way, without stating that it is situated in a particular territorial division.
R.S., c. C-34, s. 284.
- Theft by bailee of things under seizure
324. Every one who is a bailee of anything that is under lawful seizure by a peace officer or public officer in the execution of the duties of his office, and who is obliged by law or agreement to produce and deliver it to that officer or to another person entitled thereto at a certain time and place, or on demand, steals it if he does not produce and deliver it in accordance with his obligation, but he does not steal it if his failure to produce and deliver it is not the result of a wilful act or omission by him.
R.S., c. C-34, s. 285.
- Agent pledging goods, when not theft
325. A factor or an agent does not commit theft by pledging or giving a lien on goods or documents of title to goods that are entrusted to him for the purpose of sale or for any other purpose, if the pledge or lien is for an amount that does not exceed the sum of
- (a) the amount due to him from his principal at the time the goods or documents are pledged or the lien is given; and
- (b) the amount of any bill of exchange that he has accepted for or on account of his principal.
R.S., c. C-34, s. 286.
- Theft by or from person having special property or interest
328. A person may be convicted of theft notwithstanding that anything that is alleged to have been stolen was stolen
- (a) by the owner of it from a person who has a special property or interest in it;
- (b) by a person who has a special property or interest in it from the owner of it;
- (c) by a lessee of it from his reversioner;
- (d) by one of several joint owners, tenants in common or partners of or in it from the other persons who have an interest in it; or
- (e) by the representatives of an organization from the organization.
R.S., 1985, c. C-46, s. 328; 2003, c. 21, s. 4.
- Taking ore for scientific purpose
333. No person commits theft by reason only that he takes, for the purpose of exploration or scientific investigation, a specimen of ore or mineral from land that is not enclosed and is not occupied or worked as a mine, quarry or digging.
R.S., c. C-34, s. 293.