reglab/housing_qa huggingface dataset:
MT Code § 3-1-317 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 3. General Rules Regarding Procedure|3-1-317. User surcharge for court information technology -- exception

  3-1-317. User surcharge for court information technology -- exception. (1) Except as provided in subsection (2), all courts of original jurisdiction shall impose:   (a) on a defendant in criminal cases, a $10 user surcharge upon conviction for any conduct made criminal by state statute or upon forfeiture of bond or bail;   (b) on the initiating party in civil and probate cases, a $10 user surcharge at the commencement of each action, proceeding, or filing; and   (c) on each defendant or respondent in civil cases, a $10 user surcharge upon appearance.   (2) If a court determines that a defendant in a criminal case or determines pursuant to 25-10-404 that a party in a civil case is unable to pay the surcharge, the court may waive payment of the surcharge imposed by this section.   (3) The surcharge imposed by this section is not a fee or fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.   (4) The amounts collected under this section must be forwarded to the department of revenue for deposit in the state general fund to be used for state funding of court information technology.   History: En. Sec. 1, Ch. 361, L. 1995; amd. Sec. 1, Ch. 257, L. 2001; amd. Sec. 1, Ch. 498, L. 2003; amd. Sec. 1, Ch. 445, L. 2005.
MT Code § 3-1-318 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 3. General Rules Regarding Procedure|3-1-318. Surcharges upon certain criminal convictions -- exception

  3-1-318. Surcharges upon certain criminal convictions -- exception. (1) Except as provided in subsection (2), all courts of limited jurisdiction, except small claims courts, shall impose a $10 surcharge on a defendant who is convicted of criminal conduct under state statute or who forfeits bond.   (2) A court may not waive payment of the surcharge unless the court determines that the defendant is unable to pay the surcharge. Inability to pay must be supported by a sworn statement from the defendant demonstrating financial inability to pay without substantial hardship in providing for personal or family necessities. The statement is not admissible in the proceeding unless offered for impeachment purposes and is not admissible in a subsequent prosecution for perjury or false swearing.   (3) The surcharge imposed by this section is not a fee or a fine and must be imposed in addition to other taxable court costs, fees, or fines. The surcharge may not be used in determining the jurisdiction of any court.   (4) The amounts collected under this section must be deposited in the court-appointed special advocate account established in 3-1-707.   History: En. Sec. 2, Ch. 298, L. 2003; amd. Sec. 8, Ch. 384, L. 2017.
MT Code § 3-1-401 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 4. Powers of Judicial Officers|3-1-401. Powers of judges out of court

  3-1-401. Powers of judges out of court. A justice or judge may exercise out of court all the powers expressly conferred upon a justice or judge, as contradistinguished from the court.   History: En. Sec. 190, C. Civ. Proc. 1895; re-en. Sec. 6319, Rev. C. 1907; re-en. Sec. 8872, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 176; re-en. Sec. 8872, R.C.M. 1935; R.C.M. 1947, 93-1001.
MT Code § 3-1-402 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 4. Powers of Judicial Officers|3-1-402. Powers of judicial officers as to conduct of proceedings

  3-1-402. Powers of judicial officers as to conduct of proceedings. A judicial officer has the power to:   (1) preserve and enforce order in the officer's immediate presence and in proceedings before the officer when the officer is engaged in the performance of official duties;   (2) compel obedience to the officer's official orders, as provided in this code;   (3) compel the attendance of persons to testify in a proceeding before the officer in the cases and manner provided in this code;   (4) administer oaths to persons in a proceeding pending before the officer and in all other cases in which it may be necessary in the exercise of the officer's powers and duties.   History: En. Sec. 191, C. Civ. Proc. 1895; re-en. Sec. 6320, Rev. C. 1907; re-en. Sec. 8873, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 177; re-en. Sec. 8873, R.C.M. 1935; R.C.M. 1947, 93-1002; amd. Sec. 130, Ch. 61, L. 2007.
MT Code § 3-1-403 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 4. Powers of Judicial Officers|3-1-403. Power to punish for contempt

  3-1-403. Power to punish for contempt. For the effectual exercise of the powers conferred by 3-1-402, a judicial officer may punish for contempt in the cases provided in this code.   History: En. Sec. 192, C. Civ. Proc. 1895; re-en. Sec. 6321, Rev. C. 1907; re-en. Sec. 8874, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 178; re-en. Sec. 8874, R.C.M. 1935; R.C.M. 1947, 93-1003.
MT Code § 3-1-404 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 4. Powers of Judicial Officers|3-1-404. Taking acknowledgments and affidavits

  3-1-404. Taking acknowledgments and affidavits. Each of the justices of the supreme court and judges of the district courts may in any part of the state and each justice of the peace may within the justice's county take and certify:   (1) the proof and acknowledgment of a conveyance of real property or of any other written instrument;   (2) the acknowledgment of satisfaction of a judgment of any court;   (3) an affidavit or deposition to be used in this state.   History: En. Sec. 459, Bannack Stat.; re-en. Sec. 582, p. 155, Cod. Stat. 1871; re-en. Sec. 507, p. 174, L. 1877; re-en. Sec. 507, 1st Div. Rev. Stat. 1879; re-en. Sec. 524, 1st Div. Comp. Stat. 1887; amd. Sec. 193, C. Civ. Proc. 1895; re-en. Sec. 6322, Rev. C. 1907; re-en. Sec. 8875, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 179; re-en. Sec. 8875, R.C.M. 1935; R.C.M. 1947, 93-1004; amd. Sec. 131, Ch. 61, L. 2007.
MT Code § 3-1-405 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 4. Powers of Judicial Officers|3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment

  3-1-405. Certificate of authenticity of justice's court's certificate of acknowledgment. The certificate of proof or acknowledgment made before a justice of the peace, when used in any county other than that in which the justice resides, must be accompanied by a certificate, under the hand and seal of the clerk and recorder of the county in which the justice resides, setting forth that the justice, at the time of taking the proof or acknowledgment, was authorized to take the proof or acknowledgment and that the clerk and recorder is acquainted with the justice's handwriting and believes that the signature to the original certificate is genuine.   History: En. Sec. 194, C. Civ. Proc. 1895; re-en. Sec. 6323, Rev. C. 1907; re-en. Sec. 8876, R.C.M. 1921; re-en. Sec. 8876, R.C.M. 1935; R.C.M. 1947, 93-1005; amd. Sec. 132, Ch. 61, L. 2007.
MT Code § 3-1-502 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-502. Order refused -- subsequent applications prohibited

  3-1-502. Order refused -- subsequent applications prohibited. (1) If an application for an order, made to a judge of a court in which the action or proceeding is pending, is refused in whole or in part or is granted conditionally, no subsequent application for the same order shall be made to any other judge, except of a higher court.   (2) Nothing in this section refers to motions refused for informality in the papers or proceedings necessary to obtain the order or to motions refused with liberty to renew the same.   History: En. Sec. 457, p. 135, Bannack Stat.; re-en. Sec. 614, p. 159, Cod. Stat. 1871; re-en. Sec. 534, p. 179, L. 1877; re-en. Sec. 534, 1st Div. Rev. Stat. 1879; re-en. Sec. 551, 1st Div. Comp. Stat. 1887; amd. Sec. 200, C. Civ. Proc. 1895; re-en. Sec. 6324, Rev. C. 1907; re-en. Sec. 8877, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 182; re-en. Sec. 8877, R.C.M. 1935; R.C.M. 1947, 93-1101.
MT Code § 3-1-503 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-503. Effect of violation

  3-1-503. Effect of violation. A violation of 3-1-502 may be punished as a contempt. An order made contrary thereto may be revoked by the judge who made it or vacated by a judge of the court in which the action or proceeding is pending.   History: En. Sec. 458, p. 135, Bannack Stat.; re-en. Sec. 615, p. 159, Cod. Stat. 1871; re-en. Sec. 535, p. 179, L. 1877; re-en. Sec. 535, 1st Div. Rev. Stat. 1879; re-en. Sec. 552, 1st Div. Comp. Stat. 1887; amd. Sec. 201, C. Civ. Proc. 1895; re-en. Sec. 6325, Rev. C. 1907; re-en. Sec. 8878, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 183; re-en. Sec. 8878, R.C.M. 1935; R.C.M. 1947, 93-1102.
MT Code § 3-1-504 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-504. Reentry on property after eviction

  3-1-504. Reentry on property after eviction. A person who is dispossessed of or ejected from or out of any real property by the judgment or process of a court of competent jurisdiction and who, not having the right so to do, reenters into or upon or takes possession of the real property or induces or procures any person not having a right so to do or aids or abets that person to enter into or upon or take possession of the real property is guilty of a contempt of the court that rendered the judgment or that issued the process. Upon conviction for contempt, the court or justice of the peace shall immediately issue an alias process directed to the proper officer requiring that officer to restore the party entitled to the possession of that property, under the original judgment or process, to possession.   History: En. Sec. 567, p. 186, L. 1877; re-en. Sec. 567, 1st Div. Rev. Stat. 1879; re-en. Sec. 585, 1st Div. Comp. Stat. 1887; re-en. Sec. 2171, C. Civ. Proc. 1895; re-en. Sec. 7310, Rev. C. 1907; re-en. Sec. 9909, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1210; re-en. Sec. 9909, R.C.M. 1935; R.C.M. 1947, 93-9802; amd. Sec. 133, Ch. 61, L. 2007.
MT Code § 3-1-505 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-505. through 3-1-510 reserved

  3-1-505 through 3-1-510 reserved.
MT Code § 3-1-511 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-511. Procedure -- contempt committed in presence of court

  3-1-511. Procedure -- contempt committed in presence of court. When a contempt is committed in the immediate view and presence of the court or judge at chambers and the contemptuous conduct requires immediate action in order to restore order, maintain the dignity or authority of the court, or prevent delay, it may be punished summarily. An order must be made reciting the facts that occurred in the judge's immediate view and presence and adjudging that the person proceeded against is guilty of a contempt and that the person must be punished as prescribed in the order. An order may not be issued unless the person proceeded against has been informed of the contempt and given an opportunity to defend or explain the person's conduct. A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.   History: En. Sec. 397, p. 125, Bannack Stat.; en. Sec. 456, p. 226, L. 1867; re-en. Sec. 532, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; amd. Sec. 2172, C. Civ. Proc. 1895; re-en. Sec. 7311, Rev. C. 1907; re-en. Sec. 9910, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1211; re-en. Sec. 9910, R.C.M. 1935; R.C.M. 1947, 93-9803(part); amd. Sec. 2, Ch. 496, L. 2001.
MT Code § 3-1-512 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-512. Procedure -- contempt not in presence of the court

  3-1-512. Procedure -- contempt not in presence of the court. When the contempt is not committed in the immediate view and presence of the court or judge at chambers, an affidavit of the facts constituting the contempt or a statement of the facts by the referees or arbitrators or other judicial officer shall be presented to the court or judge.   History: En. Sec. 397, p. 125, Bannack Stat.; en. Sec. 456, p. 226, L. 1867; re-en. Sec. 532, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; amd. Sec. 2172, C. Civ. Proc. 1895; re-en. Sec. 7311, Rev. C. 1907; re-en. Sec. 9910, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1211; re-en. Sec. 9910, R.C.M. 1935; R.C.M. 1947, 93-9803(part).
MT Code § 3-1-513 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-513. Warrant -- statement of charge

  3-1-513. Warrant -- statement of charge. When the contempt is not committed in the immediate view and presence of the court or judge, a warrant may be issued to bring the person charged to the court to answer the charge. The warrant must be accompanied by an adequate and specific statement of the charge. The answer to the charge must be followed by a hearing under 3-1-518.   History: En. Sec. 457, p. 226, L. 1867; re-en. Sec. 533, p. 145, Cod. Stat. 1871; re-en. Sec. 568, p. 186, L. 1877; re-en. Sec. 568, 1st Div. Rev. Stat. 1879; re-en. Sec. 586, 1st Div. Comp. Stat. 1887; re-en. Sec. 2173, C. Civ. Proc. 1895; re-en. Sec. 7312, Rev. C. 1907; re-en. Sec. 9911, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1212; re-en. Sec. 9911, R.C.M. 1935; R.C.M. 1947, 93-9804; amd. Sec. 3, Ch. 496, L. 2001.
MT Code § 3-1-514 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-514. Endorsement allowing bail on warrant

  3-1-514. Endorsement allowing bail on warrant. Whenever a warrant of attachment is issued pursuant to this part, the court or judge shall direct, by an endorsement on the warrant, that the person charged may be left to bail for the person's appearance in an amount to be specified in the endorsement.   History: En. Sec. 458, p. 226, L. 1867; re-en. Sec. 534, p. 145, Cod. Stat. 1871; re-en. Sec. 569, p. 186, L. 1877; re-en. Sec. 569, 1st Div. Rev. Stat. 1879; re-en. Sec. 587, 1st Div. Comp. Stat. 1887; re-en. Sec. 2174, C. Civ. Proc. 1895; re-en. Sec. 7313, Rev. C. 1907; re-en. Sec. 9912, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1213; re-en. Sec. 9912, R.C.M. 1935; R.C.M. 1947, 93-9805; amd. Sec. 134, Ch. 61, L. 2007.
MT Code § 3-1-515 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-515. Arrest and detention by sheriff

  3-1-515. Arrest and detention by sheriff. Upon executing the warrant of attachment, the sheriff shall keep the person in custody, bring the person before the court or judge, and detain the person until an order is made in the proceeding unless the person arrested is entitled to be discharged as provided in 3-1-516.   History: En. Sec. 459, p. 226, L. 1867; re-en. Sec. 535, p. 145, Cod. Stat. 1871; re-en. Sec. 570, p. 186, L. 1877; re-en. Sec. 570, 1st Div. Rev. Stat. 1879; re-en. Sec. 588, 1st Div. Comp. Stat. 1887; re-en. Sec. 2175, C. Civ. Proc. 1895; re-en. Sec. 7314, Rev. C. 1907; re-en. Sec. 9913, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1214; re-en. Sec. 9913, R.C.M. 1935; R.C.M. 1947, 93-9806; amd. Sec. 135, Ch. 61, L. 2007.
MT Code § 3-1-516 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-516. Bail bond -- form and conditions of

  3-1-516. Bail bond -- form and conditions of. When a direction to release the person arrested on bail is contained in the warrant of attachment or endorsed on the warrant, the arrested person must be discharged from the arrest upon executing and delivering to the officer, at any time before the return day of the warrant, a written undertaking, with two sufficient sureties, to the effect that the person arrested will appear on the return of the warrant and abide the order of the court or judge or the sureties will pay, as may be directed, the sum specified in the warrant or ordered by the court or the judge.   History: En. Sec. 460, p. 227, L. 1867; re-en. Sec. 536, p. 145, Cod. Stat. 1871; re-en. Sec. 570, p. 187, L. 1877; re-en. Sec. 570, 1st Div. Rev. Stat. 1879; re-en. Sec. 588, 1st Div. Comp. Stat. 1887; re-en. Sec. 2176, C. Civ. Proc. 1895; re-en. Sec. 7315, Rev. C. 1907; re-en. Sec. 9914, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1215; re-en. Sec. 9914, R.C.M. 1935; R.C.M. 1947, 93-9807; amd. Sec. 136, Ch. 61, L. 2007.
MT Code § 3-1-517 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-517. Return of warrant and undertaking

  3-1-517. Return of warrant and undertaking. The officer shall return the warrant of arrest and undertaking, if any, received by the officer from the person arrested by the return day specified in the warrant.   History: En. Sec. 461, p. 227, L. 1867; re-en. Sec. 537, p. 145, Cod. Stat. 1871; re-en. Sec. 571, p. 187, L. 1877; re-en. Sec. 571, 1st Div. Rev. Stat. 1879; re-en. Sec. 589, 1st Div. Comp. Stat. 1887; re-en. Sec. 2177, C. Civ. Proc. 1895; re-en. Sec. 7316, Rev. C. 1907; re-en. Sec. 9915, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1216; re-en. Sec. 9915, R.C.M. 1935; R.C.M. 1947, 93-9808; amd. Sec. 137, Ch. 61, L. 2007.
MT Code § 3-1-518 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-518. Hearing on contempt not committed in immediate view and presence of court or judge at chambers

  3-1-518. Hearing on contempt not committed in immediate view and presence of court or judge at chambers. (1) When a person arrested for a contempt not committed in the immediate view and presence of the court or judge at chambers has been brought up or appeared, the court or judge shall proceed to investigate the charge, shall schedule and hold a hearing on any answer that the person arrested may make to the charge, and may examine witnesses for or against the person, for which an adjournment may be had from time to time, if necessary. The judge investigating the charge and scheduling and presiding over the hearing may not be the judge against whom the contempt was allegedly committed, except that if the contempt arose from the violation of an order of the court issued after a hearing on the merits of the subject of the order, the judge who issued the order may punish the contempt or compel compliance with the order unless it is shown that the judge would not be impartial in addressing the contempt.   (2) The charged person must be given a reasonable opportunity to obtain counsel and prepare a defense or explanation prior to the hearing. The charged person may testify and call witnesses at the hearing.   History: En. Sec. 399, p. 126, Bannack Stat.; amd. Sec. 462, p. 227, L. 1867; re-en. Sec. 538, p. 145, Cod. Stat. 1871; re-en. Sec. 572, p. 187, L. 1877; re-en. Sec. 572, 1st Div. Rev. Stat. 1879; re-en. Sec. 590, 1st Div. Comp. Stat. 1887; re-en. Sec. 2178, C. Civ. Proc. 1895; re-en. Sec. 7317, Rev. C. 1907; re-en. Sec. 9916, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1217; re-en. Sec. 9916, R.C.M. 1935; R.C.M. 1947, 93-9809; amd. Sec. 4, Ch. 496, L. 2001.
MT Code § 3-1-519 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-519. Repealed

  3-1-519. Repealed. Sec. 8, Ch. 496, L. 2001.   History: En. Sec. 463, p. 227, L. 1867; re-en. Sec. 539, p. 145, Cod. Stat. 1871; re-en. Sec. 573, p. 188, L. 1877; re-en. Sec. 573, 1st Div. Rev. Stat. 1879; re-en. Sec. 591, 1st Div. Comp. Stat. 1887; amd. Sec. 2179, C. Civ. Proc. 1895; re-en. Sec. 7318, Rev. C. 1907; re-en. Sec. 9917, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1218; re-en. Sec. 9917, R.C.M. 1935; R.C.M. 1947, 93-9810.
MT Code § 3-1-520 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-520. Penalty to compel performance

  3-1-520. Penalty to compel performance. When the sanction imposed for a contempt seeks to compel the contemnor to perform an act that is in the power of the contemnor to perform, the contemnor may be incarcerated, subjected to a fine in an amount not to exceed $500, or both, until the contemnor has performed the act. The act must be specified in the warrant of commitment.   History: En. Sec. 400, p. 126, Bannack Stat.; re-en. Sec. 464, p. 227, L. 1867; re-en. Sec. 540, p. 146, Cod. Stat. 1871; re-en. Sec. 574, p. 188, L. 1877; re-en. Sec. 574, 1st Div. Rev. Stat. 1879; re-en. Sec. 592, 1st Div. Comp. Stat. 1887; re-en. Sec. 2180, C. Civ. Proc. 1895; re-en. Sec. 7319, Rev. C. 1907; re-en. Sec. 9918, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1219; re-en. Sec. 9918, R.C.M. 1935; R.C.M. 1947, 93-9811; amd. Sec. 5, Ch. 496, L. 2001.
MT Code § 3-1-521 (2021)
2021 Montana Code Annotated|Title 3. Judiciary, Courts|Chapter 1. Courts and Judicial Officers Generally|Part 5. Contempts|3-1-521. Proceedings when party fails to appear

  3-1-521. Proceedings when party fails to appear. When the warrant of arrest has been returned served, if the person arrested does not appear on the return day, the court or judge may issue another warrant of arrest or may order the undertaking to be prosecuted, or both. If the undertaking be prosecuted, the measure of damages in the action is the extent of the loss or injury sustained by the aggrieved party by reason of the misconduct for which the warrant was issued and the costs of the proceeding.   History: En. Sec. 467, p. 227, L. 1867; re-en. Sec. 542, p. 146, Cod. Stat. 1871; re-en. Sec. 576, p. 188, L. 1877; re-en. Sec. 576, 1st Div. Rev. Stat. 1879; re-en. Sec. 594, 1st Div. Comp. Stat. 1887; re-en. Sec. 2181, C. Civ. Proc. 1895; re-en. Sec. 7320, Rev. C. 1907; re-en. Sec. 9919, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1220; re-en. Sec. 9919, R.C.M. 1935; R.C.M. 1947, 93-9812.