Montana Code Annotated 2001

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     27-16-208. Execution of order -- prepayment of expense by plaintiff. The sheriff must execute the order by arresting the defendant and keeping him in custody until discharged by law. But the sheriff is not bound to keep such person under arrest more than 24 hours unless the plaintiff advance each day the expense of keeping such person, which expense shall be taxed as costs in the action and in no case shall be a charge against the county.

     History: En. Sec. 79, p. 149, L. 1867; en. Sec. 87, p. 45, Cod. Stat. 1871; re-en. Sec. 125, p. 69, L. 1877; re-en. Sec. 125, 1st Div. Rev. Stat. 1879; re-en. Sec. 127, 1st Div. Comp. Stat. 1887; re-en. Sec. 807, C. Civ. Proc. 1895; re-en. Sec. 6602, Rev. C. 1907; re-en. Sec. 9200, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 485; re-en. Sec. 9200, R.C.M. 1935; R.C.M. 1947, 93-4008.

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