Montana Statutes
§ 27-16-1005 — Officer To Detain Defendant -- Expenses
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 16 ARREST AND BAIL IN CIVIL ACTIONS·Part 10 Arrest in Civil Actions in Justice's Court
27-16-1005 . Officer to detain defendant -- expenses. The officer making the arrest shall keep the defendant in custody until the defendant is discharged by order of the justice. The officer may not be bound to keep the defendant under arrest more than 24 hours unless the plaintiff pays each day the expenses of keeping the defendant, which expense must be taxed as costs in the action and may not be a charge against the county.
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Legislative History
En. Sec. 564, p. 154, Bannack Stat.; re-en. Sec. 670, p. 171, Cod. Stat. 1871; re-en. Sec. 730, 1st Div. Rev. Stat. 1879; re-en. Sec. 750, 1st Div. Comp. Stat. 1887; re-en. Sec. 1544, C. Civ. Proc. 1895; re-en. Sec. 7023, Rev. C. 1907; re-en. Sec. 9656, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 865; re-en. Sec. 9656, R.C.M. 1935; R.C.M. 1947, 93-6905; amd. Sec. 656, Ch. 56, L. 2009.
Nearby Sections
15
§ 27-16-1001
Justice's Authority To Order Arrest§ 27-16-1002
Plaintiff's Affidavit And Undertaking§ 27-16-1003
Defendant To Be Taken Before Justice Immediately§ 27-16-1005
Officer To Detain Defendant -- Expenses§ 27-16-1006
Defense Against Order Of Arrest§ 27-16-102
When Defendant May Be Arrested§ 27-16-201
Order From Judge Required§ 27-16-202
Time For Making Order§ 27-16-203
When Order Must Be Made§ 27-16-204
Plaintiff's Undertaking§ 27-16-206
Directions To Sheriff In Order§ 27-16-207
Service Of Order And Affidavit