1. MCA Contents
  2. TITLE 27
  3. CHAPTER 17
  4. Part 3
  5. 27-17-306 Justification of defendant's sureties -- liability of sheriff

Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 17. CLAIM AND DELIVERY OF PERSONAL PROPERTY

Part 3. Procedure Following Seizure by Sheriff

Justification Of Defendant's Sureties -- Liability Of Sheriff

27-17-306. Justification of defendant's sureties -- liability of sheriff. The defendant's sureties, upon notice to the plaintiff of not less than 2 or more than 5 days, shall justify before the judge or clerk in the same manner as upon bail on arrest, and upon the justification the sheriff shall deliver the property to the defendant. The sheriff must be responsible for the defendant's sureties until they justify or until the justification is completed or expressly waived and may retain the property until that time. However, if the sureties or others in their place fail to justify at the time or place appointed, the sheriff shall deliver the property to the plaintiff.

History: En. Sec. 105, p. 152, L. 1867; re-en. Sec. 122, p. 50, Cod. Stat. 1871; re-en. Sec. 164, p. 78, L. 1877; re-en. Sec. 164, 1st Div. Rev. Stat. 1879; re-en. Sec. 166, 1st Div. Comp. Stat. 1887; re-en. Sec. 850, C. Civ. Proc. 1895; re-en. Sec. 6632, Rev. C. 1907; re-en. Sec. 9230, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 515; re-en. Sec. 9230, R.C.M. 1935; R.C.M. 1947, 93-4111; amd. Sec. 669, Ch. 56, L. 2009.