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.
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