Montana § 27-16-403 Qualifications Of Sureties

Montana Statutes

§ 27-16-403 — Qualifications Of Sureties

Montana § 27-16-403

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 16ARREST AND BAIL IN CIVIL ACTIONS

Part 4Giving Bail

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Bluebook

Mont. Code Ann. § 27-16-403 (2026).

Text

27-16-403 . Qualifications of sureties. The qualifications of bail must be as follows:

(1)Each of them must be a resident and householder or freeholder within the county.

(2)Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over and above all the bail's debts and liabilities, exclusive of property exempt from execution. However, the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail.

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27-16-403 . Qualifications of sureties. The qualifications of bail must be as follows:
(1) Each of them must be a resident and householder or freeholder within the county.
(2) Each must be worth the amount specified in the order of arrest or the amount to which the order is reduced, as provided in this chapter, over and above all the bail's debts and liabilities, exclusive of property exempt from execution. However, the judge or clerk, on justification, may allow more than two sureties to justify severally, in amounts less than that expressed in the order, if the whole justification is equivalent to that of two sufficient bail.

Legislative History

En. Sec. 88, p. 150, L. 1867; re-en. Sec. 96, p. 46, Cod. Stat. 1871; re-en. Sec. 134, p. 71, L. 1877; re-en. Sec. 134, 1st Div. Rev. Stat. 1879; re-en. Sec. 136, 1st Div. Comp. Stat. 1887; re-en. Sec. 816, C. Civ. Proc. 1895; re-en. Sec. 6611, Rev. C. 1907; re-en. Sec. 9209, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 494; re-en. Sec. 9209, R.C.M. 1935; R.C.M. 1947, 93-4017; amd. Sec. 641, Ch. 56, L. 2009.