reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 30. Nuisances › Part 3. Private Nuisances › 27-30-301. Remedies for private nuisances

27-30-301. Remedies for private nuisances.
The remedies against a private nuisance are:
(1) a civil action; or
(2) abatement.
History: En. Sec. 4590, Civ. C. 1895; re-en. Sec. 6174, Rev. C. 1907; re-en. Sec. 8654, R.C.M. 1921; Cal. Civ. C. Sec. 3501; Field Civ. C. Sec. 1961; re-en. Sec. 8654, R.C.M. 1935; R.C.M. 1947, 57-113.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 30. Nuisances › Part 3. Private Nuisances › 27-30-302. Abatement of private nuisance by injured party

27-30-302. Abatement of private nuisance by injured party.
A person injured by a private nuisance may abate it by removing or, if necessary, destroying the thing that constitutes the nuisance without committing a breach of the peace or doing unnecessary injury. When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice must be given to the wrongdoer before entering to abate the nuisance.
History: Ap. p. Sec. 4591, Civ. C. 1895; re-en. Sec. 6175, Rev. C. 1907; re-en. Sec. 8655, R.C.M. 1921; Cal. Civ. C. Sec. 3502; Field Civ. C. Sec. 1962; re-en. Sec. 8655, R.C.M. 1935; Sec. 57-114, R.C.M. 1947; Ap. p. Sec. 4592, Civ. C. 1895; re-en. Sec. 6176, Rev. C. 1907; re-en. Sec. 8656, R.C.M. 1921; Cal. Civ. C. Sec. 3503; Field Civ. C. Sec. 1963; re-en. Sec. 8656, R.C.M. 1935; Sec. 57-115, R.C.M. 1947; R.C.M. 1947, 57-114, 57-115; amd. Sec. 738, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 1. General Provisions › 27-31-101. Petition for change of name of natural person

27-31-101. Petition for change of name of natural person.
All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person and, if the person is under 18 years of age, by one of the person's parents, if living, or if both are dead, then by the person's guardian, and if there is no guardian, then by some near relative or friend. The petition must specify the place of birth and residence of the person, the person's present name, the name proposed, and the reason for the change of name and must, if neither parent of the person is living, name as far as known to the petitioner the near relatives of the person and their place of residence.
History: En. Sec. 2261, C. Civ. Proc. 1895; re-en. Sec. 7361, Rev. C. 1907; amd. Sec. 1, Ch. 39, L. 1921; re-en. Sec. 9964, R.C.M. 1921; re-en. Sec. 9964, R.C.M. 1935; amd. Sec. 21, Ch. 240, L. 1971; amd. Sec. 33, Ch. 94, L. 1973; amd. Sec. 59, Ch. 535, L. 1975; R.C.M. 1947, 93-100-2(part); amd. Sec. 739, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 1. General Provisions › 27-31-102. Petition for change of name of nonprofit corporation

27-31-102. Petition for change of name of nonprofit corporation.
Any religious, benevolent, literary, or scientific corporation or any corporation bearing or using or being known by the name of any benevolent or charitable order or society may by petition apply to the district court of the county in which its articles of incorporation were originally filed or in which its property is situated for a change of its corporate name. Such petition must be signed by a majority of the directors or trustees of the corporation and must specify the date of the formation of the corporation, the name proposed, and the reason for the change of name. Upon the filing of the petition, the same procedure shall be followed as upon applications for changes of names of natural persons.
History: En. Sec. 2261, C. Civ. Proc. 1895; re-en. Sec. 7361, Rev. C. 1907; amd. Sec. 1, Ch. 39, L. 1921; re-en. Sec. 9964, R.C.M. 1921; re-en. Sec. 9964, R.C.M. 1935; amd. Sec. 21, Ch. 240, L. 1971; amd. Sec. 33, Ch. 94, L. 1973; amd. Sec. 59, Ch. 535, L. 1975; R.C.M. 1947, 93-100-2(part); amd. Sec. 60, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 1. General Provisions › 27-31-103. District court jurisdiction

27-31-103. District court jurisdiction.
Applications for change of names must be heard and determined by the district court.
History: En. Sec. 2260, C. Civ. Proc. 1895; re-en. Sec. 7360, Rev. C. 1907; re-en. Sec. 9963, R.C.M. 1921; re-en. Sec. 9963, R.C.M. 1935; R.C.M. 1947, 93-100-1.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 2. Procedure › 27-31-201. Order setting hearing date -- notice -- safety

27-31-201. Order setting hearing date -- notice -- safety.
(1) When a petition setting out the matters contained in 27-31-101 or 27-31-102 is filed, the court or judge may appoint a time for hearing the petition. Except as provided in subsections (2) and (3), notice of the time and place of hearing the petition must be published for 4 successive weeks in some newspaper published in the county, if a newspaper is printed in the county. If a newspaper is not printed in the county, a copy of the notice must be posted in at least three public places in the county for 4 successive weeks.
(2) Publication is not required for a change of name of a minor under 27-31-101 if both parents and all legal guardians consent in writing.
(3) The court may allow a petition to proceed on a sealed-record basis when probable cause is shown that the safety of the petitioner is at risk and the judge is satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record. The request to proceed on a sealed-record basis must be set forth in the petition. All papers and records pertaining to the sealed-record petition must be kept as a permanent record of the court and withheld from inspection unless the judge denies the request to proceed on a sealed-record basis. Except as provided in subsections (4) and (5), a person, other than the petitioner, may not have access to the records except for good cause shown and on order of the judge of the court in which the petition was granted.
(4) When a petitioner is committed to or under the supervision of the department of corrections or is incarcerated in a state prison as defined in 53-30-101, the petitioner shall serve the petition on the department. A court shall provide reasonable opportunity for the department to appear and provide a response to the petition.
(5) If the court grants a petition filed by a person committed to or under the supervision of the department of corrections or incarcerated in a state prison as defined in 53-30-101, the court shall authorize the department of corrections and the department of justice to maintain and disseminate the petitioner's records in a manner that ensures performance of duties required by offender registration statutes, testing and collection of biological samples, victim notification, or other disclosures or notices required by law.
History: En. Sec. 2262, C. Civ. Proc. 1895; re-en. Sec. 7362, Rev. C. 1907; amd. Sec. 1, Ch. 7, L. 1911; re-en. Sec. 9965, R.C.M. 1921; re-en. Sec. 9965, R.C.M. 1935; R.C.M. 1947, 93-100-3; amd. Sec. 1, Ch. 233, L. 1987; amd. Sec. 1, Ch. 169, L. 1997; amd. Sec. 1, Ch. 278, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 2. Procedure › 27-31-202. Filing of objections to change

27-31-202. Filing of objections to change.
At any time before such hearing, objections may be filed by any person who can, in such objections, show to the court or judge good reasons against such change of name.
History: En. Sec. 2263, C. Civ. Proc. 1895; re-en. Sec. 7363, Rev. C. 1907; amd. Sec. 2, Ch. 7, L. 1911; re-en. Sec. 9966, R.C.M. 1921; re-en. Sec. 9966, R.C.M. 1935; R.C.M. 1947, 93-100-4(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 2. Procedure › 27-31-203. Conduct of hearing

27-31-203. Conduct of hearing.
On the day set for the hearing of said petition or at any time to which the hearing is continued or postponed, due proof of the publication or posting of the required notice as set out in 27-31-201 being made, such application must be heard. On the hearing the court or judge may examine on oath any of the petitioners, remonstrants, or other persons touching the application.
History: En. Sec. 2263, C. Civ. Proc. 1895; re-en. Sec. 7363, Rev. C. 1907; amd. Sec. 2, Ch. 7, L. 1911; re-en. Sec. 9966, R.C.M. 1921; re-en. Sec. 9966, R.C.M. 1935; R.C.M. 1947, 93-100-4(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 2. Procedure › 27-31-204. Court order

27-31-204. Court order.
The court or judge may make an order changing the name or dismissing the applications, as to the court or judge may seem right and proper.
History: En. Sec. 2263, C. Civ. Proc. 1895; re-en. Sec. 7363, Rev. C. 1907; amd. Sec. 2, Ch. 7, L. 1911; re-en. Sec. 9966, R.C.M. 1921; re-en. Sec. 9966, R.C.M. 1935; R.C.M. 1947, 93-100-4(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 31. Change of Name › Part 2. Procedure › 27-31-205. Repealed

27-31-205. Repealed.
Sec. 3, Ch. 3, L. 1983.
History: En. Sec. 2264, C. Civ. Proc. 1895; re-en. Sec. 7364, Rev. C. 1907; re-en. Sec. 9967, R.C.M. 1921; re-en. Sec. 9967, R.C.M. 1935; R.C.M. 1947, 93-100-5; amd. Sec. 61, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 1. General Provisions Petition for Determination › 27-32-101. Who may petition -- where petition filed

27-32-101. Who may petition -- where petition filed.
For the purpose of having a judicial determination of the date of birth, any citizen of the United States, either natural born or naturalized, may file a petition with the clerk of the district court of the county of the citizen's residence.
History: En. Sec. 1, Ch. 16, L. 1943; R.C.M. 1947, 93-101-1(part); amd. Sec. 740, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 1. General Provisions Petition for Determination › 27-32-102. Contents of petition

27-32-102. Contents of petition.
(1) The petition must be duly verified by the petitioner. The petition must state:
(a) that the petitioner is a citizen of the United States;
(b) that the petitioner has resided in the state of Montana for 1 year preceding the commencement of the action and in the county in which the action is brought for at least 90 days immediately preceding the commencement of the action;
(c) the place of the petitioner's birth;
(d) the names of the petitioner's parents, together with the place of the birth of each parent and their address, if they are living;
(e) the name and address of each of the petitioner's brothers and sisters;
(f) if the address of either of the parents or of any of the brothers or sisters is not known, then their last-known place of address.
(2) If the petitioner was born outside of the United States, then the petition must state:
(a) whether the petitioner's parents came to the United States and, if so, where they came and where they resided or reside;
(b) whether the petitioner's parents or either of them were naturalized within the United States and, if so, when and where the naturalization took place.
History: En. Sec. 1, Ch. 16, L. 1943; R.C.M. 1947, 93-101-1(part); amd. Sec. 741, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 1. General Provisions Petition for Determination › 27-32-103. Exclusive jurisdiction of district courts

27-32-103. Exclusive jurisdiction of district courts.
The district courts of this state shall have exclusive jurisdiction to hear and determine all petitions hereunder.
History: En. Sec. 6, Ch. 16, L. 1943; R.C.M. 1947, 93-101-6(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 1. General Provisions Petition for Determination › 27-32-104. Fees

27-32-104. Fees.
The petitioner, upon the filing of the petition, shall pay to the clerk of court the fee for commencing an action, as provided for in 25-1-201, and upon the entry of judgment, the applicant shall pay to the clerk of court an additional fee for entry of judgment, as provided for in 25-1-201. A charge may not be made for posting of the notices required under this part. If the applicant provides a true copy of the judgment rendered, then the clerk of court shall certify the copy without additional charge.
History: En. Sec. 4, Ch. 16, L. 1943; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 93-101-4(part); amd. Sec. 3, Ch. 570, L. 1993.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 2. Preliminary Procedure -- Hearing › 27-32-201. Order setting hearing date -- notice

27-32-201. Order setting hearing date -- notice.
Upon the filing of this petition with the clerk of the district court, an order shall be made by the court or judge thereof fixing the date of the hearing of the petition and directing that notice of such hearing be given as in such order set forth. Notice shall be given by posting in three public places within the county for a period of not less than 10 or more than 30 days, as the court, in its discretion, shall determine.
History: En. Sec. 2, Ch. 16, L. 1943; R.C.M. 1947, 93-101-2(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 2. Preliminary Procedure -- Hearing › 27-32-202. Objections to granting of petition

27-32-202. Objections to granting of petition.
Any citizen of the United States may appear and object to the granting of such petition, but all such objections shall be made in writing.
History: En. Sec. 2, Ch. 16, L. 1943; R.C.M. 1947, 93-101-2(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 2. Preliminary Procedure -- Hearing › 27-32-203. Conduct of hearing

27-32-203. Conduct of hearing.
At the time fixed for the hearing of such petition, the petitioner must appear and testify. Upon the hearing thereof, affidavits shall be received in evidence and shall have the same force and effect as if the testimony had been taken by deposition.
History: En. Sec. 3, Ch. 16, L. 1943; R.C.M. 1947, 93-101-3(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 2. Preliminary Procedure -- Hearing › 27-32-204. Transfer of proceeding to proper county

27-32-204. Transfer of proceeding to proper county.
If upon the hearing of the petition it shall appear that the petitioner is entitled to have judgment entered as herein provided but that the petition has been filed in the wrong county, then the court shall, by appropriate order, direct that the proceeding be transferred to the proper county.
History: En. Sec. 5, Ch. 16, L. 1943; R.C.M. 1947, 93-101-5.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 3. Judgment -- Appeal › 27-32-301. Judgment

27-32-301. Judgment.
If the court is satisfied by competent evidence of the sufficiency of the petition that the applicant is a citizen of the United States, that the applicant has been a citizen of the state of Montana for 1 year preceding the filing of the petition and of the county for more than 90 days preceding the filing of the petition, and that the applicant's date of birth is proven, then the court shall render judgment accordingly and that judgment must constitute conclusive evidence of the date of the birth of the applicant.
History: En. Sec. 3, Ch. 16, L. 1943; R.C.M. 1947, 93-101-3(part); amd. Sec. 742, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 3. Judgment -- Appeal › 27-32-302. Clerk to certify and file judgment

27-32-302. Clerk to certify and file judgment.
The clerk of the court shall certify to two copies of a judgment and file one with the department of public health and human services, Helena, and the other with the clerk and recorder of the county in which the judgment was obtained.
History: En. Sec. 4, Ch. 16, L. 1943; amd. Sec. 105, Ch. 349, L. 1974; R.C.M. 1947, 93-101-4(part); amd. Sec. 56, Ch. 418, L. 1995; amd. Sec. 81, Ch. 546, L. 1995.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 32. Judicial Determination of Birth Date › Part 3. Judgment -- Appeal › 27-32-303. Appeal

27-32-303. Appeal.
Any citizen may appeal from the judgment rendered the same as in civil actions.
History: En. Sec. 6, Ch. 16, L. 1943; R.C.M. 1947, 93-101-6(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 33. Montana Religious Freedom Restoration Act › Part 1. General Provisions › 27-33-101. Short title

27-33-101. Short title.
This part may be cited as the "Montana Religious Freedom Restoration Act".
History: En. Sec. 1, Ch. 276, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 33. Montana Religious Freedom Restoration Act › Part 1. General Provisions › 27-33-102. Legislative findings

27-33-102. Legislative findings.
The legislature finds that:
(1) the framers of the United States constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the first amendment to the United States constitution;
(2) the framers of the Montana constitution, recognizing free exercise of religion as a fundamental right, secured its protection in the Montana constitution;
(3) laws and other state action that are neutral toward religion may burden the exercise of religion as surely as laws intended to interfere with religious exercise;
(4) state action should not burden exercise of religion without compelling justification;
(5) prior to 1990, laws and other state action burdening exercise of religion had to be justified by a compelling governmental interest; and
(6) the compelling governmental interest test set forth in prior federal court rulings and this part is a workable test and strikes a sensible balance between religious liberty and competing governmental interests.
History: En. Sec. 2, Ch. 276, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 33. Montana Religious Freedom Restoration Act › Part 1. General Provisions › 27-33-103. Purpose

27-33-103. Purpose.
The purpose of this part is:
(1) to restore the compelling governmental interest test and to guarantee its application in all cases in which the exercise of religion is substantially burdened by state action; and
(2) to provide a claim or defense to a person or persons whose exercise of religion is substantially burdened by state action.
History: En. Sec. 3, Ch. 276, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 33. Montana Religious Freedom Restoration Act › Part 1. General Provisions › 27-33-104. Definitions

27-33-104. Definitions.
As used in this part, the following definitions apply:
(1) "Compelling governmental interest" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.
(2) "Exercise of religion" means the practice or observance of religion. The term includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one's sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
(3) "Person" means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
(4) "State action" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision and a local government, municipality, instrumentality, or public official authorized by law in the state of Montana.
(5) "Substantially burden" means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person's exercise of religion and includes but is not limited to withholding of benefits, assessment of criminal, civil, or administrative penalties, or exclusion from governmental programs or access to governmental facilities.
History: En. Sec. 4, Ch. 276, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 33. Montana Religious Freedom Restoration Act › Part 1. General Provisions › 27-33-105. Free exercise of religion protected

27-33-105. Free exercise of religion protected.
(1) State action may not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion:
(a) is essential to further a compelling governmental interest; and
(b) is the least restrictive means of furthering that compelling governmental interest.
(2) A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this part may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state of Montana or one of its political subdivisions is a party to the proceeding. The person asserting such a claim or defense may obtain appropriate relief, including relief against the state of Montana or its political subdivisions. Appropriate relief includes but is not limited to injunctive relief, declaratory relief, compensatory damages, and costs and attorney fees.
History: En. Sec. 5, Ch. 276, L. 2021.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 1. General Provisions › 28-1-101. Definitions

28-1-101. Definitions.
(1) An obligation is a legal duty by which a person is bound to do or not to do a certain thing.
(2) Performance of an obligation for the delivery of money only is called payment.
History: En. Secs. 1920, 2005, Civ. C. 1895; re-en. Secs. 4892, 4927, Rev. C. 1907; re-en. Secs. 7394, 7429, R.C.M. 1921; Cal. Civ. C. Secs. 1427, 1478; Field Civ. C. Secs. 670, 704; re-en. Secs. 7394, 7429, R.C.M. 1935; R.C.M. 1947, 58-101, 58-406.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 1. General Provisions › 28-1-102. How obligations arise

28-1-102. How obligations arise.
An obligation arises either from:
(1) the contract of the parties; or
(2) the operation of law.
History: En. Sec. 1921, Civ. C. 1895; re-en. Sec. 4893, Rev. C. 1907; re-en. Sec. 7395, R.C.M. 1921; Cal. Civ. C. Sec. 1428; Based on Field Civ. C. Sec. 671; re-en. Sec. 7395, R.C.M. 1935; R.C.M. 1947, 58-102(part).
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 1. General Provisions › 28-1-103. What rules govern interpretation of contracts and other obligations

28-1-103. What rules govern interpretation of contracts and other obligations.
The rules which govern the interpretation of contracts are prescribed by this title and Title 1. Other obligations are interpreted by the same rules by which statutes of a similar nature are interpreted.
History: En. Sec. 1930, Civ. C. 1895; re-en. Sec. 4894, Rev. C. 1907; re-en. Sec. 7396, R.C.M. 1921; Cal. Civ. C. Sec. 1429; Field Civ. C. Sec. 672; re-en. Sec. 7396, R.C.M. 1935; R.C.M. 1947, 58-103; amd. Sec. 1, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 1. General Provisions › 28-1-104. Relief from forfeiture

28-1-104. Relief from forfeiture.
Whenever by the terms of an obligation a party to the obligation incurs a forfeiture or a loss in the nature of a forfeiture by reason of the party's failure to comply with its provisions, the party may be relieved from the obligation upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.
History: En. Sec. 4261, Civ. C. 1895; re-en. Sec. 6039, Rev. C. 1907; re-en. Sec. 8658, R.C.M. 1921; Cal. Civ. C. Sec. 3275; re-en. Sec. 8658, R.C.M. 1935; R.C.M. 1947, 17-102; amd. Sec. 743, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 2. Obligations Imposed by Law › 28-1-201. General duty of care

28-1-201. General duty of care.
Every person is bound, without contract, to abstain from injuring the person or property of another or infringing upon any of another person's rights.
History: En. Sec. 2290, Civ. C. 1895; re-en. Sec. 5071, Rev. C. 1907; re-en. Sec. 7573, R.C.M. 1921; Cal. Civ. C. Sec. 1708; Field Civ. C. Sec. 847; re-en. Sec. 7573, R.C.M. 1935; R.C.M. 1947, 58-601; amd. Sec. 744, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 2. Obligations Imposed by Law › 28-1-202. Obligation of one who unilaterally decides to render service

28-1-202. Obligation of one who unilaterally decides to render service.
A person who officiously and without the consent of the real or apparent owner of a thing takes it into the person's possession for the purpose of rendering service about it must complete the service and use ordinary care, diligence, and reasonable skill about the service. The person is not entitled to any compensation for the service or expenses, except that the person may deduct actual and necessary expenses incurred by the person about the service from any profits that the service has caused the thing to acquire for its owner and shall account to the owner for the residue.
History: En. Sec. 2760, Civ. C. 1895; re-en. Sec. 5295, Rev. C. 1907; re-en. Sec. 7810, R.C.M. 1921; Cal. Civ. C. Sec. 2078; Field Civ. C. Sec. 1083; re-en. Sec. 7810, R.C.M. 1935; R.C.M. 1947, 41-501; amd. Sec. 745, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 2. Obligations Imposed by Law › 28-1-203. Enforcement of obligations arising by operation of law

28-1-203. Enforcement of obligations arising by operation of law.
An obligation arising from operation of law may be enforced by civil action or proceeding or in the manner provided by law.
History: En. Sec. 1921, Civ. C. 1895; re-en. Sec. 4893, Rev. C. 1907; re-en. Sec. 7395, R.C.M. 1921; Cal. Civ. C. Sec. 1428; Based on Field Civ. C. Sec. 671; re-en. Sec. 7395, R.C.M. 1935; R.C.M. 1947, 58-102(part).
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 2. Obligations Imposed by Law › 28-1-211. Implied covenant of good faith and fair dealing

28-1-211. Implied covenant of good faith and fair dealing.
The conduct required by the implied covenant of good faith and fair dealing is honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
History: En. Sec. 1, Ch. 571, L. 1987.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 3. Joint Obligations › 28-1-301. Types of obligations involving several persons

28-1-301. (Temporary) Types of obligations involving several persons.
Except as provided in 27-1-703, an obligation imposed upon several persons or a right created in favor of several persons may be:
(1) joint;
(2) several; or
(3) joint and several. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
28-1-301. (Effective on occurrence of contingency) Types of obligations involving several persons.
Except as provided in 27-1-703 and 27-1-705, an obligation imposed upon several persons or a right created in favor of several persons may be:
(1) joint;
(2) several; or
(3) joint and several.
History: En. Sec. 1940, Civ. C. 1895; re-en. Sec. 4895, Rev. C. 1907; re-en. Sec. 7397, R.C.M. 1921; Cal. Civ. C. Sec. 1430; Field Civ. C. Sec. 673; re-en. Sec. 7397, R.C.M. 1935; R.C.M. 1947, 58-201; amd. Sec. 2, Ch. 253, L. 1987; amd. Sec. 7, Ch. 429, L. 1997.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 3. Joint Obligations › 28-1-302. Joint obligations and covenants to be taken as joint and several

28-1-302. Joint obligations and covenants to be taken as joint and several.
Except as provided in 27-1-703, after March 1, 1895, all joint obligations and covenants shall be taken and held to be joint and several obligations and covenants.
History: En. Sec. 1941, Civ. C. 1895; re-en. Sec. 4896, Rev. C. 1907; re-en. Sec. 4896, Rev. C. 1907; re-en. Sec. 7398, R.C.M. 1921; Cal. Civ. C. Sec. 1431; re-en. Sec. 7398, R.C.M. 1935; R.C.M. 1947, 58-202; amd. Sec. 3, Ch. 253, L. 1987.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 3. Joint Obligations › 28-1-303. Right to contribution from joint debtors

28-1-303. Right to contribution from joint debtors.
Except as provided in 27-1-703, a party to a joint or joint and several obligation who satisfies more than that party's share of the claim against all may require a proportionate contribution from all the parties joined with that party.
History: En. Sec. 1942, Civ. C. 1895; re-en. Sec. 4897; Rev. C. 1907; re-en. Sec. 7399, R.C.M. 1921; Cal. Civ. C. Sec. 1432; Field Civ. C. Sec. 675; re-en. Sec. 7399, R.C.M. 1935; R.C.M. 1947, 58-203; amd. Sec. 4, Ch. 253, L. 1987; amd. Sec. 746, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-401. What obligations are conditional

28-1-401. What obligations are conditional.
An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event.
History: En. Sec. 1950, Civ. C. 1895; re-en. Sec. 4898, Rev. C. 1907; re-en. Sec. 7400, R.C.M. 1921; Cal. Civ. C. Sec. 1434; Field Civ. C. Sec. 676; re-en. Sec. 7400, R.C.M. 1935; R.C.M. 1947, 58-204.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-402. Types of conditions

28-1-402. Types of conditions.
Conditions may be precedent, concurrent, or subsequent.
History: En. Sec. 1951, Civ. C. 1895; re-en. Sec. 4899, Rev. C. 1907; re-en. Sec. 7401, R.C.M. 1921; Cal. Civ. C. Sec. 1435; Field Civ. C. Sec. 677; re-en. Sec. 7401, R.C.M. 1935; R.C.M. 1947, 58-205.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-403. Condition precedent defined

28-1-403. Condition precedent defined.
A condition precedent is one which is to be performed before some right dependent thereon accrues or some act dependent thereon is performed.
History: En. Sec. 1952, Civ. C. 1895; re-en. Sec. 4900, Rev. C. 1907; re-en. Sec. 7402, R.C.M. 1921; Cal. Civ. C. Sec. 1436; Field Civ. C. Sec. 678; re-en. Sec. 7402, R.C.M. 1935; R.C.M. 1947, 58-206.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-404. Condition concurrent defined

28-1-404. Condition concurrent defined.
Conditions concurrent are those which are mutually dependent and are to be performed at the same time.
History: En. Sec. 1953, Civ. C. 1895; re-en. Sec. 4901, Rev. C. 1907; re-en. Sec. 7403, R.C.M. 1921; Cal. Civ. C. Sec. 1437; Field Civ. C. Sec. 679; re-en. Sec. 7403, R.C.M. 1935; R.C.M. 1947, 58-207.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-405. Condition subsequent defined

28-1-405. Condition subsequent defined.
A condition subsequent is one referring to a future event upon the happening of which the obligation becomes no longer binding upon the other party if the other party chooses to take advantage of the condition.
History: En. Sec. 1954, Civ. C. 1895; re-en. Sec. 4902, Rev. C. 1907; re-en. Sec. 7404, R.C.M. 1921; Cal. Civ. C. Sec. 1438; Field Civ. C. Sec. 680; re-en. Sec. 7404, R.C.M. 1935; R.C.M. 1947, 58-208; amd. Sec. 747, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-406. What conditions must be performed before requiring performance by another

28-1-406. What conditions must be performed before requiring performance by another.
Before a party to an obligation can require another party to perform any act under it, the party shall fulfill all conditions precedent to the act imposed upon that party and must be able and offer to fulfill all concurrent conditions imposed upon that party on the like fulfillment by the other party, except as provided by 28-1-407.
History: En. Sec. 1955, Civ. C. 1895; re-en. Sec. 4903, Rev. C. 1907; re-en. Sec. 7405, R.C.M. 1921; Cal. Civ. C. Sec. 1439; Field Civ. C. Sec. 681; re-en. Sec. 7405, R.C.M. 1935; R.C.M. 1947, 58-209; amd. Sec. 748, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-407. When prior performance of conditions excused

28-1-407. When prior performance of conditions excused.
If a party to an obligation gives notice to another, before the latter is in default, that the party will not perform the obligation and does not retract the notice before the time at which performance upon that party's part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the party giving notice.
History: En. Sec. 1956, Civ. C. 1895; re-en. Sec. 4904, Rev. C. 1907; re-en. Sec. 7406, R.C.M. 1921; Cal. Civ. C. Sec. 1440; Field Civ. C. Sec. 682; re-en. Sec. 7406, R.C.M. 1935; R.C.M. 1947, 58-210; amd. Sec. 749, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 4. Conditional Obligations › 28-1-408. Condition involving forfeiture to be strictly construed

28-1-408. Condition involving forfeiture to be strictly construed.
A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created.
History: En. Sec. 1958, Civ. C. 1895; re-en. Sec. 4906, Rev. C. 1907; re-en. Sec. 7408, R.C.M. 1921; Cal. Civ. C. Sec. 1442; Field Civ. C. Sec. 684; re-en. Sec. 7408, R.C.M. 1935; R.C.M. 1947, 58-212.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 5. Alternative Obligations › 28-1-501. Who may select between alternative performances

28-1-501. Who may select between alternative performances.
If an obligation requires the performance of one of two acts in the alternative, the party required to perform has the right of selection unless it is otherwise provided by the terms of the obligation.
History: En. Sec. 1970, Civ. C. 1895; re-en. Sec. 4907, Rev. C. 1907; re-en. Sec. 7409, R.C.M. 1921; Cal. Civ. C. Sec. 1448; Field Civ. C. Sec. 685; re-en. Sec. 7409, R.C.M. 1935; R.C.M. 1947, 58-213.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 5. Alternative Obligations › 28-1-502. How right of selection lost

28-1-502. How right of selection lost.
If the party having the right of selection between alternative acts does not give notice of the selection to the other party within the time, if any, fixed by the obligation for that purpose or, if a time is not fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
History: En. Sec. 1971, Civ. C. 1895; re-en. Sec. 4908, Rev. C. 1907; re-en. Sec. 7410, R.C.M. 1921; Cal. Civ. C. Sec. 1449; Field Civ. C. Sec. 686; re-en. Sec. 7410, R.C.M. 1935; R.C.M. 1947, 58-214; amd. Sec. 750, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 5. Alternative Obligations › 28-1-503. One alternative to be selected in its entirety

28-1-503. One alternative to be selected in its entirety.
The party having the right of selection between alternative acts must select one of them in its entirety and cannot select part of one and part of another without the consent of the other party.
History: En. Sec. 1972, Civ. C. 1895; re-en. Sec. 4909, Rev. C. 1907; re-en. Sec. 7411, R.C.M. 1921; Cal. Civ. C. Sec. 1450; Field Civ. C. Sec. 687; re-en. Sec. 7411, R.C.M. 1935; R.C.M. 1947, 58-215.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 5. Alternative Obligations › 28-1-504. When obligation to be interpreted as though a particular alternative did not exist

28-1-504. When obligation to be interpreted as though a particular alternative did not exist.
If one of the alternative acts required by an obligation is such as the law will not enforce or becomes unlawful or impossible of performance, the obligation is to be interpreted as though the other or others stood alone.
History: En. Sec. 1973, Civ. C. 1895; re-en. Sec. 4910, Rev. C. 1907; re-en. Sec. 7412, R.C.M. 1921; Cal. Civ. C. Sec. 1451; Field Civ. C. Sec. 688; re-en. Sec. 7412, R.C.M. 1935; R.C.M. 1947, 58-216; amd. Sec. 2, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 10. Transfer of Rights and Duties Under Obligation › 28-1-1001. Rights arising out of obligation transferable

28-1-1001. Rights arising out of obligation transferable.
A right arising out of an obligation is the property of the person to whom it is due and may be transferred as the property of that person. Unless otherwise provided by law, a transfer by written, oral, electronic, or other means creates a valid assignment upon the transfer.
History: En. Sec. 1981, Civ. C. 1895; re-en. Sec. 4912, Rev. C. 1907; re-en. Sec. 7414, R.C.M. 1921; Cal. Civ. C. Sec. 1458; Field Civ. C. Sec. 690; re-en. Sec. 7414, R.C.M. 1935; R.C.M. 1947, 58-302; amd. Sec. 7, Ch. 392, L. 2005.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 10. Transfer of Rights and Duties Under Obligation › 28-1-1002. When burden of obligation may be transferred

28-1-1002. When burden of obligation may be transferred.
The burden of an obligation may be transferred with the consent of the party entitled to its benefits, but not otherwise, except as provided by Title 70, chapter 17, part 2.
History: En. Sec. 1980, Civ. C. 1895; re-en. Sec. 4911, Rev. C. 1907; re-en. Sec. 7413, R.C.M. 1921; Cal. Civ. C. Sec. 1457; Field Civ. C. Sec. 689; re-en. Sec. 7413, R.C.M. 1935; R.C.M. 1947, 58-301; amd. Sec. 3, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1101. Extinction of obligation by full performance

28-1-1101. Extinction of obligation by full performance.
Full performance of an obligation by the party whose duty it is to perform it or by any other person on that party's behalf and with that party's assent, if accepted by the creditor, extinguishes it.
History: En. Sec. 2000, Civ. C. 1895; re-en. Sec. 4922, Rev. C. 1907; re-en. Sec. 7424, R.C.M. 1921; Cal. Civ. C. Sec. 1473; Field Civ. C. Sec. 699; re-en. Sec. 7424, R.C.M. 1935; R.C.M. 1947, 58-401; amd. Sec. 751, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1102. Performance by one of several joint debtors

28-1-1102. Performance by one of several joint debtors.
Performance of an obligation by one of several persons who are jointly liable under it extinguishes the liability of all.
History: En. Sec. 2001, Civ. C. 1895; re-en. Sec. 4923, Rev. C. 1907; re-en. Sec. 7425, R.C.M. 1921; Cal. Civ. C. Sec. 1474; Field Civ. C. Sec. 700; re-en. Sec. 7425, R.C.M. 1935; R.C.M. 1947, 58-402.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1103. Performance to one of several joint creditors

28-1-1103. Performance to one of several joint creditors.
An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common or in joint ownership, which is regulated by Title 70, chapter 6.
History: En. Sec. 2002, Civ. C. 1895; re-en. Sec. 4924, Rev. C. 1907; re-en. Sec. 7426, R.C.M. 1921; Cal. Civ. C. Sec. 1475; Field Civ. C. Sec. 701; re-en. Sec. 7426, R.C.M. 1935; R.C.M. 1947, 58-403; amd. Sec. 4, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1104. Extinction when directions of creditor followed

28-1-1104. Extinction when directions of creditor followed.
If a creditor or any one of two or more joint creditors at any time directs the debtor to perform the debtor's obligations in a particular manner, the obligation is extinguished by performance in that manner even though the creditor does not receive the benefit of the performance.
History: En. Sec. 2003, Civ. C. 1895; re-en. Sec. 4925, Rev. C. 1907; re-en. Sec. 7427, R.C.M. 1921; Cal. Civ. C. Sec. 1476; Field Civ. C. Sec. 702; re-en. Sec. 7427, R.C.M. 1935; R.C.M. 1947, 58-404; amd. Sec. 752, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1105. When partial performance extinguishes part of obligation

28-1-1105. When partial performance extinguishes part of obligation.
Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.
History: En. Sec. 2004, Civ. C. 1895; re-en. Sec. 4926, Rev. C. 1907; re-en. Sec. 7428, R.C.M. 1921; Cal. Civ. C. Sec. 1477; Field Civ. C. Sec. 703; re-en. Sec. 7428, R.C.M. 1935; R.C.M. 1947, 58-405; amd. Sec. 753, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1106. Application of performance when there are several obligations

28-1-1106. Application of performance when there are several obligations.
Whenever a debtor under several obligations to another does an act by way of performance, in whole or in part, that is equally applicable to two or more of the obligations, the performance must be applied as follows:
(1) If, at the time of performance, the intention or desire of the debtor that the performance should be applied to the extinction of any particular obligation is manifested to the creditor, it must be so applied.
(2) If no intention or desire is then manifested, the creditor, within a reasonable time after performance, may apply it toward the extinction of any obligation the performance of which was due to the creditor from the debtor at the time of the performance, except that if similar obligations were due to the creditor, both individually and as a trustee, the creditor shall, unless otherwise directed by the debtor, apply the performance to the extinction of all obligations in equal proportion. An application once made by the creditor cannot be rescinded without the consent of the debtor.
(3) If application is not made as prescribed in subsection (1) or (2) within the time prescribed, the performance must be applied to the extinction of obligations in the following order and, if there is more than one obligation of a particular class, to the extinction of all in that class, ratably:
(a) first--interest due at the time of the performance;
(b) second--principal due at that time;
(c) third--the obligation earliest in date of maturity;
(d) fourth--an obligation not secured by a lien or collateral undertaking;
(e) fifth--an obligation secured by a lien or collateral undertaking.
History: En. Sec. 2006, Civ. C. 1895; re-en. Sec. 4928, Rev. C. 1907; re-en. Sec. 7430, R.C.M. 1921; Cal. Civ. C. Sec. 1479; Based on Field Civ. C. Sec. 705; re-en. Sec. 7430, R.C.M. 1935; R.C.M. 1947, 58-407; amd. Sec. 5, Ch. 117, L. 1979; amd. Sec. 754, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1111. Receipt for money, instrument, or property delivered

28-1-1111. Receipt for money, instrument, or property delivered.
Whoever pays money or delivers an instrument or property is entitled to a written receipt therefor from the person to whom the payment or delivery is made and may demand a proper signature to such receipt as a condition of the payment or delivery.
History: (1)En. Sec. 3411, C. Civ. Proc. 1895; re-en. Sec. 8037, Rev. C. 1907; re-en. Sec. 10681, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2075; re-en. Sec. 10681, R.C.M. 1935; Sec. 93-2201-2, R.C.M. 1947; (2)En. Sec. 2034, Civ. C. 1895; re-en. Sec. 4943, Rev. C. 1907; re-en. Sec. 7445, R.C.M. 1921; Cal. Civ. C. Sec. 1499; Field Civ. C. Sec. 720; re-en. Sec. 7445, R.C.M. 1935; Sec. 58-422, R.C.M. 1947; R.C.M. 1947, 58-422, 93-2201-2; amd. Sec. 6, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1112. Objections to tender -- waiver

28-1-1112. Objections to tender -- waiver.
The person to whom a tender is made shall at the time specify any objection the person may have to the money, instrument, or property or the person must be considered to have waived the objection. If the objections are to the amount of money, the terms of the instrument, or the amount or kind of property, the person shall specify the amount, terms, or kind that the person requires or be precluded from objecting afterward.
History: En. Sec. 3412, C. Civ. Proc. 1895; re-en. Sec. 8038, Rev. C. 1907; re-en. Sec. 10682, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2076; re-en. Sec. 10682, R.C.M. 1935; R.C.M. 1947, 93-2201-3; amd. Sec. 755, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 1. Obligations in General › Part 11. Extinction of Obligation by Performance › 28-1-1113. Creditor's retention of thing that creditor refuses to accept

28-1-1113. Creditor's retention of thing that creditor refuses to accept.
If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.
History: En. Sec. 2040, Civ. C. 1895; re-en. Sec. 4949, Rev. C. 1907; re-en. Sec. 7451, R.C.M. 1921; Cal. Civ. C. Sec. 1505; Field Civ. C. Sec. 726; re-en. Sec. 7451, R.C.M. 1935; R.C.M. 1947, 58-428; amd. Sec. 756, Ch. 56, L. 2009.