39. (1) Every one who is in peaceable possession of a personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.
(2) Every one who is in peaceable possession of personal property, but does not claim it as a right or does not act under authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it. [R.S. c.C-34, s.39.]