Montana Statutes

§ 27-16-208 — Execution Of Order -- Prepayment Of Expense By Plaintiff

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 16 ARREST AND BAIL IN CIVIL ACTIONS·Part 2 Order for Arrest -- Execution
27-16-208 . Execution of order -- prepayment of expense by plaintiff. The sheriff shall execute the order by arresting the defendant and keeping the defendant in custody until discharged by law. However, the sheriff is not bound to keep the defendant under arrest more than 24 hours unless the plaintiff advances each day the expense of keeping the defendant. The expenses 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. 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; amd. Sec. 637, Ch. 56, L. 2009.

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