reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 70. Property › Chapter 2. Personal Property -- Special Kinds Quiet Title and Partition › Part 2. Quiet Title and Partition › 70-2-201. Action for quieting title to personal property

70-2-201. Action for quieting title to personal property.
Any person claiming title to personal property, whether in actual possession thereof or not, may bring an action in the district court of any county wherein such personal property or any part thereof is situated against any person or persons claiming any interest therein by reason of alleged ownership, lien, or otherwise and by a decree of such court may have established and determined finally the rights of all claimants to such personal property.
History: En. Sec. 1, Ch. 51, L. 1935; re-en. Sec. 9478.1, R.C.M. 1935; R.C.M. 1947, 93-6201.
2023 Montana Code Annotated › Title 70. Property › Chapter 2. Personal Property -- Special Kinds Quiet Title and Partition › Part 2. Quiet Title and Partition › 70-2-202. General procedural provisions applicable

70-2-202. General procedural provisions applicable.
The provisions of Title 25, chapter 3, parts 2 and 3, and Rules 4 and 12(a), M.R.Civ.P., are applicable to the action for which provision is made in 70-2-201.
History: En. Sec. 2, Ch. 51, L. 1935; re-en. Sec. 9478.2, R.C.M. 1935; R.C.M. 1947, 93-6202; amd. Sec. 1, Ch. 115, L. 1979.
2023 Montana Code Annotated › Title 70. Property › Chapter 2. Personal Property -- Special Kinds Quiet Title and Partition › Part 2. Quiet Title and Partition › 70-2-211. Partition of personal property

70-2-211. Partition of personal property.
(1) When any personal property is owned by two or more persons, any one or more thereof may bring an action, according to the respective rights of the persons interested therein, for the partition of such property or for a sale of the same or any part thereof if it appears that a partition cannot be made without great prejudice to the owners.
(2) Such action shall be brought in the county wherein said property or any part thereof is situated.
History: En. Sec. 1, Ch. 143, L. 1959; R.C.M. 1947, 93-6301.1.
2023 Montana Code Annotated › Title 70. Property › Chapter 2. Personal Property -- Special Kinds Quiet Title and Partition › Part 2. Quiet Title and Partition › 70-2-212. Real property partition provisions applicable

70-2-212. Real property partition provisions applicable.
The provisions contained in chapter 29 of this title, which prescribe the manner in which real property may be sold, are hereby made applicable to the action which is authorized by 70-2-211.
History: En. Sec. 2, Ch. 143, L. 1959; R.C.M. 1947, 93-6301.2.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 1. General Provisions › 70-3-101. Gift defined

70-3-101. Gift defined.
A gift is a transfer of personal property made voluntarily and without consideration.
History: En. Sec. 1550, Civ. C. 1895; re-en. Sec. 4635, Rev. C. 1907; re-en. Sec. 6882, R.C.M. 1921; Cal. Civ. C. Sec. 1146; Field Civ. C. Sec. 500; re-en. Sec. 6882, R.C.M. 1935; R.C.M. 1947, 67-1706.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 1. General Provisions › 70-3-102. Gift -- how made

70-3-102. Gift -- how made.
A verbal gift is not valid unless the means of obtaining possession and control of the thing are given or, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.
History: En. Sec. 1551, Civ. C. 1895; re-en. Sec. 4636, Rev. C. 1907; re-en. Sec. 6883, R.C.M. 1921; Cal. Civ. C. Sec. 1147; Field Civ. C. Sec. 501; re-en. Sec. 6883, R.C.M. 1935; R.C.M. 1947, 67-1707.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 1. General Provisions › 70-3-103. Gift not revocable

70-3-103. Gift not revocable.
A gift, other than a gift in view of death, cannot be revoked by the giver.
History: En. Sec. 1552, Civ. C. 1895; re-en. Sec. 4637, Rev. C. 1907; re-en. Sec. 6884, R.C.M. 1921; Cal. Civ. C. Sec. 1148; Field Civ. C. Sec. 502; re-en. Sec. 6884, R.C.M. 1935; R.C.M. 1947, 67-1708.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 1. General Provisions › 70-3-104. Unsolicited goods considered gift

70-3-104. Unsolicited goods considered gift.
Unless otherwise agreed, when unsolicited goods are delivered to a person, the person may refuse delivery of the goods, or if the goods are delivered, the person is not bound to return the goods to the sender. If unsolicited goods are either addressed to or intended for the recipient, they must be considered a gift, and the recipient may use or dispose of them in any manner without obligation to the sender.
History: En. Sec. 1, Ch. 210, L. 1967; R.C.M. 1947, 67-1706.1; amd. Sec. 2060, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 2. Gifts in View of Death › 70-3-201. Gift in view of death defined

70-3-201. Gift in view of death defined.
A gift in view of death is one which is made in contemplation, fear, or peril of death and with intent that it shall take effect only in case of the death of the giver.
History: En. Sec. 1553, Civ. C. 1895; re-en. Sec. 4638, Rev. C. 1907; re-en. Sec. 6885, R.C.M. 1921; Cal. Civ. C. Sec. 1149; Field Civ. C. Sec. 503; re-en. Sec. 6885, R.C.M. 1935; R.C.M. 1947, 67-1709.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 2. Gifts in View of Death › 70-3-202. When gift presumed to be in view of death

70-3-202. When gift presumed to be in view of death.
A gift made during the last illness of the giver or under circumstances that would impress the giver with an expectation of speedy death is presumed to be a gift in view of death.
History: En. Sec. 1554, Civ. C. 1895; re-en. Sec. 4639, Rev. C. 1907; re-en. Sec. 6886, R.C.M. 1921; Cal. Civ. C. Sec. 1150; Field Civ. C. Sec. 504; re-en. Sec. 6886, R.C.M. 1935; R.C.M. 1947, 67-1710; amd. Sec. 2061, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 2. Gifts in View of Death › 70-3-203. Revocation

70-3-203. Revocation.
A gift in view of death may be revoked by the giver at any time and is revoked by the giver's recovery from the illness or escape from the peril under the presence of which it was made or by the occurrence of any event that would operate as a revocation of a will made at the same time.
History: En. Sec. 1555, Civ. C. 1895; re-en. Sec. 4640, Rev. C. 1907; re-en. Sec. 6887, R.C.M. 1921; Cal. Civ. C. Sec. 1151; Field Civ. C. Sec. 505; re-en. Sec. 6887, R.C.M. 1935; R.C.M. 1947, 67-1711; amd. Sec. 2062, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 2. Gifts in View of Death › 70-3-204. Effect of will upon gift

70-3-204. Effect of will upon gift.
A gift in view of death is not affected by a previous will or by a subsequent will unless it expresses intention to revoke the gift.
History: En. Sec. 1556, Civ. C. 1895; re-en. Sec. 4641, Rev. C. 1907; re-en. Sec. 6888, R.C.M. 1921; Cal. Civ. C. Sec. 1152; Field Civ. C. Sec. 506; re-en. Sec. 6888, R.C.M. 1935; R.C.M. 1947, 67-1712.
2023 Montana Code Annotated › Title 70. Property › Chapter 3. Transfer of Personal Property -- Gifts › Part 2. Gifts in View of Death › 70-3-205. When gift treated as legacy

70-3-205. When gift treated as legacy.
A gift in view of death must be treated as a legacy so far as relates to the creditors of the giver.
History: En. Sec. 1557, Civ. C. 1895; re-en. Sec. 4642, Rev. C. 1907; re-en. Sec. 6889, R.C.M. 1921; Cal. Civ. C. Sec. 1153; Field Civ. C. Sec. 507; re-en. Sec. 6889, R.C.M. 1935; R.C.M. 1947, 67-1713.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 1. General Provisions › 70-4-101. Uniform Commercial Code -- applicability

70-4-101. Uniform Commercial Code -- applicability.
The provisions of this chapter apply only to the extent not otherwise provided for in the Uniform Commercial Code.
History: En. 67-1410 by Sec. 11-147, Ch. 264, L. 1963; R.C.M. 1947, 67-1410.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 1. General Provisions › 70-4-102. Uniting several things -- to whom whole belongs

70-4-102. Uniting several things -- to whom whole belongs.
When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing that forms the principal part. However, that person shall reimburse the value of the residue to the other owner or surrender the whole to the other owner.
History: En. Sec. 1410, Civ. C. 1895; re-en. Sec. 4579, Rev. C. 1907; re-en. Sec. 6826, R.C.M. 1921; Cal. Civ. C. Sec. 1025; Field Civ. C. Sec. 449; re-en. Sec. 6826, R.C.M. 1935; R.C.M. 1947, 67-1401; amd. Sec. 2063, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 1. General Provisions › 70-4-103. Rules for determination of principal part

70-4-103. Rules for determination of principal part.
(1) That part is considered to be the principal to which the other has been united only for the use, ornament, or completion of the principal part unless the other is the more valuable and has been united without the knowledge of its owner, who may, in that case, require it to be separated and returned to the owner although some injury results to the thing to which it has been united.
(2) If neither part can be considered the principal within the rule prescribed by subsection (1), the more valuable or, if the values are nearly equal, the most considerable in bulk is to be considered the principal part.
History: En. Secs. 1411, 1412, Civ. C. 1895; re-en. Secs. 4580, 4581, Rev. C. 1907; re-en. Secs. 6827, 6828, R.C.M. 1921; Cal. Civ. C. Secs. 1026, 1027; Field Civ. C. Secs. 450, 451; re-en. Secs. 6827, 6828, R.C.M. 1935; R.C.M. 1947, 67-1402, 67-1403; amd. Sec. 2064, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-201. Use of materials belonging to another -- reimbursement

70-4-201. Use of materials belonging to another -- reimbursement.
If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of the materials.
History: En. Sec. 1413, Civ. C. 1895; re-en. Sec. 4582, Rev. C. 1907; re-en. Sec. 6829, R.C.M. 1921; Cal. Civ. C. Sec. 1028; Field Civ. C. Sec. 452; re-en. Sec. 6829, R.C.M. 1935; R.C.M. 1947, 67-1404.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-202. Uniting of materials of maker and other

70-4-202. Uniting of materials of maker and other.
When a person has made use of materials that in part belong to the person and in part to another in order to form a thing of a new description without having destroyed any of the materials but in a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to the person and, as respects the other, of the materials belonging to the other and the price of the other's workmanship.
History: En. Sec. 1414, Civ. C. 1895; re-en. Sec. 4583, Rev. C. 1907; re-en. Sec. 6830, R.C.M. 1921; Cal. Civ. C. Sec. 1029; Field Civ. C. Sec. 453; re-en. Sec. 6830, R.C.M. 1935; R.C.M. 1947, 67-1405; amd. Sec. 2065, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-203. Uniting of materials of several owners

70-4-203. Uniting of materials of several owners.
When a thing has been formed by the combination of several materials of different owners and none of the materials can be considered the principal substance, an owner without whose consent the combination was made may require a separation if the materials can be separated without inconvenience. If they cannot be separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials, but if the materials of one were far superior to those of the others, both in quantity and value, the person may claim the thing on reimbursing to the others the value of their materials.
History: En. Sec. 1415, Civ. C. 1895; re-en. Sec. 4584, Rev. C. 1907; re-en. Sec. 6831, R.C.M. 1921; Cal. Civ. C. Sec. 1030; Field Civ. C. Sec. 454; re-en. Sec. 6831, R.C.M. 1935; R.C.M. 1947, 67-1406; amd. Sec. 2066, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-204. Use of materials without consent -- owner prevails

70-4-204. Use of materials without consent -- owner prevails.
Title 70, chapter 4, part 1, and 70-4-201 through 70-4-203 are not applicable to cases in which one willfully uses the materials of another without the other's consent, but in those cases, the product belongs to the owner of material if its identity can be traced.
History: En. Sec. 1416, Civ. C. 1895; re-en. Sec. 4585, Rev. C. 1907; re-en. Sec. 6832, R.C.M. 1921; Cal. Civ. C. Sec. 1031; Field Civ. C. Sec. 455; re-en. Sec. 6832, R.C.M. 1935; R.C.M. 1947, 67-1407; amd. Sec. 2067, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-205. Owner of materials wrongfully used -- election of remedies

70-4-205. Owner of materials wrongfully used -- election of remedies.
If a person whose material has been used without the person's knowledge in order to form a product of a different description can claim an interest in the product, the person has an option to demand either restitution of the person's material in kind, in the same quantity, weight, measure, and quality, or the value of the material or, if the person is entitled to the product, the value of the product in place of the product.
History: En. Sec. 1417, Civ. C. 1895; re-en. Sec. 4586, Rev. C. 1907; re-en. Sec. 6833, R.C.M. 1921; Cal. Civ. C. Sec. 1032; Field Civ. C. Sec. 456; re-en. Sec. 6833, R.C.M. 1935; R.C.M. 1947, 67-1408; amd. Sec. 2068, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 4. Accession and Intermixture Personal Property › Part 2. Uniting of Materials -- Workmanship › 70-4-206. Wrongdoer liable in damages

70-4-206. Wrongdoer liable in damages.
One who wrongfully employs materials belonging to another is liable to the other in damages as well as under the provisions of Title 70, chapter 4, part 1, and 70-4-201 through 70-4-205.
History: En. Sec. 1418, Civ. C. 1895; re-en. Sec. 4587, Rev. C. 1907; re-en. Sec. 6834, R.C.M. 1921; Cal. Civ. C. Sec. 1033; Field Civ. C. Sec. 457; re-en. Sec. 6834, R.C.M. 1935; R.C.M. 1947, 67-1409; amd. Sec. 2069, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-101. Nonapplicability to things abandoned

70-5-101. Nonapplicability to things abandoned.
The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.
History: En. Sec. 2528, Civ. C. 1895; re-en. Sec. 5186, Rev. C. 1907; re-en. Sec. 7693, R.C.M. 1921; Cal. Civ. C. Sec. 1872; Field Civ. C. Sec. 946; re-en. Sec. 7693, R.C.M. 1935; R.C.M. 1947, 20-409.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-102. Finder not bound to take charge -- status as depositary

70-5-102. Finder not bound to take charge -- status as depositary.
A person who finds a thing lost is not bound to take charge of it, but if the person does, the person is a depositary for the owner, with the rights and obligations of a depositary for hire.
History: En. Sec. 2520, Civ. C. 1895; re-en. Sec. 5178, Rev. C. 1907; re-en. Sec. 7685, R.C.M. 1921; Cal. Civ. C. Sec. 1864; Field Civ. C. Sec. 938; re-en. Sec. 7685, R.C.M. 1935; R.C.M. 1947, 20-401; amd. Sec. 2070, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-103. Duty to inform owner when known

70-5-103. Duty to inform owner when known.
If a person finds money, goods, things in action, or other personal property or saves a domestic animal from drowning or starvation when the property is of a value of $10 or more and the person knows or suspects who the owner is, the person shall use reasonable diligence to inform the owner and make restitution without compensation, further than a reasonable charge for saving and taking care of the property. If the person fails to do so, the person is liable in damages to the owner and does not have a claim to any reward offered by the owner for the recovery of the thing or to any compensation for the person's trouble or expenses.
History: En. Sec. 2900, Pol. C. 1895; re-en. Sec. 1996, Rev. C. 1907; re-en. Sec. 7694, R.C.M. 1921; Cal. Pol. C. Sec. 3136; re-en. Sec. 7694, R.C.M. 1935; R.C.M. 1947, 20-410(part); amd. Sec. 2, Ch. 115, L. 1979; amd. Sec. 2071, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-104. Right of finder to require proof of claimant's ownership

70-5-104. Right of finder to require proof of claimant's ownership.
The finder of a thing may in good faith before giving it up require reasonable proof of ownership from any person claiming it.
History: En. Sec. 2522, Civ. C. 1895; re-en. Sec. 5180, Rev. C. 1907; re-en. Sec. 7687, R.C.M. 1921; Cal. Civ. C. Sec. 1866; Field Civ. C. Sec. 940; re-en. Sec. 7687, R.C.M. 1935; R.C.M. 1947, 20-403.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-105. Compensation of finder

70-5-105. Compensation of finder.
The finder of a thing is entitled to compensation for all expenses necessarily incurred by the finder in its preservation and for any other service necessarily performed by the finder about it and to a reasonable reward for keeping it.
History: En. Sec. 2523, Civ. C. 1895; re-en. Sec. 5181, Rev. C. 1907; re-en. Sec. 7688, R.C.M. 1921; Cal. Civ. Sec. 1867; Field. Civ. C. Sec. 941; re-en. Sec. 7688, R.C.M. 1935; R.C.M. 1947, 20-404; amd. Sec. 2072, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-106. Exoneration of finder by storage of thing found

70-5-106. Exoneration of finder by storage of thing found.
The finder of a thing may be exonerated from liability at any time by placing it in storage with any responsible person of good character at a reasonable expense.
History: En. Sec. 2524, Civ. C. 1895; re-en. Sec. 5182, Rev. C. 1907; re-en. Sec. 7689, R.C.M. 1921; Cal. Civ. C. Sec. 1868; Field Civ. C. Sec. 942; re-en. Sec. 7689, R.C.M. 1935; R.C.M. 1947, 20-405; amd. Sec. 2073, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 1. Rights and Duties of Finders Generally › 70-5-107. Exoneration of owner by surrender of thing to finder

70-5-107. Exoneration of owner by surrender of thing to finder.
The owner of a thing found may be exonerated from the claims of the finder by surrendering it to the finder in satisfaction of the claims.
History: En. Sec. 2527, Civ. C. 1895; re-en. Sec. 5185, Rev. C. 1907; re-en. Sec. 7692, R.C.M. 1921; Cal. Civ. C. Sec. 1868; Field. Civ. C. Sec. 945; re-en. Sec. 7692, R.C.M. 1935; R.C.M. 1947, 20-408; amd. Sec. 2074, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-201. When finder may sell thing found

70-5-201. When finder may sell thing found.
The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found or being found refuses upon demand to pay the lawful charges of the finder, in the following cases:
(1) when the thing is in danger of perishing or of losing the greater part of its value; or
(2) when the lawful charges of the finder amount to two-thirds of its value.
History: En. Sec. 2525, Civ. C. 1895; re-en. Sec. 5183, Rev. C. 1907; re-en. Sec. 7690, R.C.M. 1921; Cal. Civ. C. Sec. 1869; Field Civ. C. Sec. 943; re-en. Sec. 7690, R.C.M. 1935; R.C.M. 1947, 20-406.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-202. How sale conducted

70-5-202. How sale conducted.
A sale under the provisions of 70-5-201 must be made in the same manner as the sale of a thing pledged.
History: En. Sec. 2526, Civ. C. 1895; re-en. Sec. 5184, Rev. C. 1907; re-en. Sec. 7691, R.C.M. 1921; Cal. Civ. C. Sec. 1870; Field Civ. C. Sec. 944; re-en. Sec. 7691, R.C.M. 1935; R.C.M. 1947, 20-407.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-203. Repealed

70-5-203. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2900, Pol. C. 1895; re-en. Sec. 1996, Rev. C. 1907; re-en. Sec. 7694, R.C.M. 1921; Cal. Pol. C. Sec. 3136; re-en. Sec. 7694, R.C.M. 1935; R.C.M. 1947, 20-410(part).
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-204. Repealed

70-5-204. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2901, Pol. C. 1895; re-en. Sec. 1997, Rev. C. 1907; re-en. Sec. 7695, R.C.M. 1921; Cal. Pol. C. Sec. 3137; re-en. Sec. 7695, R.C.M. 1935; R.C.M. 1947, 20-411.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-205. Repealed

70-5-205. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2902, Pol. C. 1895; re-en. Sec. 1998, Rev. C. 1907; re-en. Sec. 7696, R.C.M. 1921; Cal. Pol. C. Sec. 3138; re-en. Sec. 7696, R.C.M. 1935; R.C.M. 1947, 20-412.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-206. Repealed

70-5-206. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2903, Pol. C. 1895; re-en. Sec. 1999, Rev. C. 1907; re-en. Sec. 7697, R.C.M. 1921; Cal. Pol. C. Sec. 3139; re-en. Sec. 7697, R.C.M. 1935; R.C.M. 1947, 20-413.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-207. Repealed

70-5-207. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2904, Pol. C. 1895; re-en. Sec. 2000, Rev. C. 1907; re-en. Sec. 7698, R.C.M. 1921; Cal. Pol. C. Sec. 3140; re-en. Sec. 7698, R.C.M. 1935; R.C.M. 1947, 20-414.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-208. Repealed

70-5-208. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2906, Pol. C. 1895; re-en. Sec. 2002, Rev. C. 1907; re-en. Sec. 7700, R.C.M. 1921; Cal. Pol. C. Sec. 3142; re-en. Sec. 7700, R.C.M. 1935; R.C.M. 1947, 20-416.
2023 Montana Code Annotated › Title 70. Property › Chapter 5. Finders › Part 2. Procedure › 70-5-209. Repealed

70-5-209. Repealed.
Sec. 1, Ch. 252, L. 1993.
History: En. Sec. 2905, Pol. C. 1895; re-en. Sec. 2001, Rev. C. 1907; re-en. Sec. 7699, R.C.M. 1921; Cal. Pol. C. Sec. 3141; re-en. Sec. 7699, R.C.M. 1935; R.C.M. 1947, 20-415.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-101. Deposit -- voluntary or involuntary

70-6-101. Deposit -- voluntary or involuntary.
A deposit may be:
(1) voluntary or involuntary; and
(2) for safekeeping or for exchange.
History: En. Sec. 2440, Civ. C. 1895; re-en. Sec. 5133, Rev. C. 1907; re-en. Sec. 7636, R.C.M. 1921; Cal. Civ. C. Sec. 1813; Field Civ. C. Sec. 907; re-en. Sec. 7636, R.C.M. 1935; R.C.M. 1947, 20-101.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-102. Voluntary deposit -- how made

70-6-102. Voluntary deposit -- how made.
A voluntary deposit is made by one giving to another, with the other's consent, the possession of personal property to keep for the benefit of the former or of a third party. The person giving is called the depositor and the person receiving the depositary.
History: En. Sec. 2441, Civ. C. 1895; re-en. Sec. 5134, Rev. C. 1907; re-en. Sec. 7637, R.C.M. 1921; Cal. Civ. C. Sec. 1814; Field Civ. C. Sec. 908; re-en. Sec. 7637, R.C.M. 1935; R.C.M. 1947, 20-102; amd. Sec. 2075, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-103. Involuntary deposit -- how made

70-6-103. Involuntary deposit -- how made.
An involuntary deposit is made:
(1) by the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of the owner; or
(2) in cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it out of necessity to the care of any person.
History: En. Sec. 2442, Civ. C. 1895; re-en. Sec. 5135, Rev. C. 1907; re-en. Sec. 7638, R.C.M. 1921; Cal. Civ. C. Sec. 1815; Field Civ. C. Sec. 909; re-en. Sec. 7638, R.C.M. 1935; R.C.M. 1947, 20-103.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-104. Involuntary depositary bound to take charge

70-6-104. Involuntary depositary bound to take charge.
The person with whom a thing is deposited in the manner described in 70-6-103 is bound to take charge of it if able to do so.
History: En. Sec. 2443, Civ. C. 1895; re-en. Sec. 5136, Rev. C. 1907; re-en. Sec. 7639, R.C.M. 1921; Cal. Civ. C. Sec. 1816; Field Civ. C. Sec. 910; re-en. Sec. 7639, R.C.M. 1935; R.C.M. 1947, 20-104.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-105. Involuntary deposit as gratuitous

70-6-105. Involuntary deposit as gratuitous.
An involuntary deposit is gratuitous, the depositary being entitled to no reward.
History: En. Sec. 2481, Civ. C. 1895; re-en. Sec. 5154, Rev. C. 1907; re-en. Sec. 7657, R.C.M. 1921; Cal. Civ. C. Sec. 1845; Field Civ. C. Sec. 928; re-en. Sec. 7657, R.C.M. 1935; R.C.M. 1947, 20-210.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-106. Deposit for keeping defined

70-6-106. Deposit for keeping defined.
A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.
History: En. Sec. 2444, Civ. C. 1895; re-en. Sec. 5137, Rev. C. 1907; re-en. Sec. 7640, R.C.M. 1921; Cal. Civ. C. Sec. 1817; Field Civ. C. Sec. 911; re-en. Sec. 7640, R.C.M. 1935; R.C.M. 1947, 20-105.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-107. Deposit for exchange defined

70-6-107. Deposit for exchange defined.
A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.
History: En. Sec. 2445, Civ. C. 1895; re-en. Sec. 5138, Rev. C. 1907; re-en. Sec. 7641, R.C.M. 1921; Cal. Civ. C. Sec. 1818; Field Civ. C. Sec. 912; re-en. Sec. 7641, R.C.M. 1935; R.C.M. 1947, 20-106.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 1. Nature and Classification of Deposits › 70-6-108. Deposit for exchange -- title passes

70-6-108. Deposit for exchange -- title passes.
A deposit for exchange transfers to the depositary the title to the thing deposited and creates between the depositary and the depositor the relation of debtor and creditor.
History: En. Sec. 2540, Civ. C. 1895; re-en. Sec. 5187, Rev. C. 1907; re-en. Sec. 7701, R.C.M. 1921; Cal. Civ. C. Sec. 1878; Field Civ. C. Sec. 947; re-en. Sec. 7701, R.C.M. 1935; R.C.M. 1947, 20-501; amd. Sec. 2076, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-201. Depositary not to use or open thing deposited

70-6-201. Depositary not to use or open thing deposited.
A depositary may not use the thing deposited or permit it to be used for any purpose without the consent of the depositor. A depositary may not, if it is purposely fastened by the depositor, open it without the consent of the depositor, except in case of necessity.
History: En. Sec. 2462, Civ. C. 1895; re-en. Sec. 5147, Rev. C. 1907; re-en. Sec. 7650, R.C.M. 1921; Cal. Civ. C. Sec. 1835; Field Civ. C. Sec. 921; re-en. Sec. 7650, R.C.M. 1935; R.C.M. 1947, 20-203; amd. Sec. 2077, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-202. Liability for damage from wrongful use

70-6-202. Liability for damage from wrongful use.
A depositary is liable for any damage happening to the thing deposited during the depositary's wrongful use of the thing unless the damage inevitably would have happened if the property had not been used.
History: En. Sec. 2463, Civ. C. 1895; re-en. Sec. 5148, Rev. C. 1907; re-en. Sec. 7651, R.C.M. 1921; Cal. Civ. C. Sec. 1836; Field Civ. C. Sec. 922; re-en. Sec. 7651, R.C.M. 1935; R.C.M. 1947, 20-204; amd. Sec. 2078, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-203. Loss or injury of thing deposited

70-6-203. Loss or injury of thing deposited.
If a thing is lost during its deposit and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred so far as the depositary has information concerning them or willfully misrepresents the circumstances to the depositor, the depositary is presumed to have willfully or by gross negligence permitted the loss or injury to occur.
History: En. Sec. 2465, Civ. C. 1895; re-en. Sec. 5150, Rev. C. 1907; re-en. Sec. 7653, R.C.M. 1921; Cal. Civ. C. Sec. 1838; Based on Field Civ. C. Sec. 924; re-en. Sec. 7653, R.C.M. 1935; R.C.M. 1947, 20-206; amd. Sec. 2079, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-204. Extent of depositary's liability for negligence

70-6-204. Extent of depositary's liability for negligence.
The liability of a depositary for negligence cannot exceed the amount that the depositary is informed by the depositor or has reason to suppose the thing deposited to be worth.
History: En. Sec. 2467, Civ. C. 1895; re-en. Sec. 5152, Rev. C. 1907; re-en. Sec. 7655, R.C.M. 1921; Cal. Civ. C. Sec. 1840; Based on Field Civ. C. Sec. 926; re-en. Sec. 7655, R.C.M. 1935; R.C.M. 1947, 20-208; amd. Sec. 2080, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-205. Sale of thing in danger of perishing

70-6-205. Sale of thing in danger of perishing.
If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of the proceedings to the depositor.
History: En. Sec. 2464, Civ. C. 1895; re-en. Sec. 5149, Rev. C. 1907; re-en. Sec. 7652, R.C.M. 1921; Cal. Civ. C. Sec. 1837; Field Civ. C. Sec. 923; re-en. Sec. 7652, R.C.M. 1935; R.C.M. 1947, 20-205; amd. Sec. 2081, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-206. Duty of depositary of animals

70-6-206. Duty of depositary of animals.
A depositary of living animals must provide them with suitable food and shelter and treat them kindly.
History: En. Sec. 2461, Civ. C. 1895; re-en. Sec. 5146, Rev. C. 1907; re-en. Sec. 7649, R.C.M. 1921; Cal. Civ. C. Sec. 1834; Field Civ. C. Sec. 920; re-en. Sec. 7649, R.C.M. 1935; R.C.M. 1947, 20-202.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-207. Service rendered by depositary

70-6-207. Service rendered by depositary.
So far as any service is rendered by a depositary or required from a depositary, the depositary's duties and liabilities are prescribed by the law on employment and service.
History: En. Sec. 2466, Civ. C. 1895; re-en. Sec. 5151, Rev. C. 1907; re-en. Sec. 7654, R.C.M. 1921; Cal. Civ. C. Sec. 1839; Field Civ. C. Sec. 925; re-en. Sec. 7654, R.C.M. 1935; R.C.M. 1947, 20-207; amd. Sec. 2082, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-208. Notice to owner of adverse claim

70-6-208. Notice to owner of adverse claim.
A depositary shall give prompt notice to the person for whose benefit the deposit was made of any proceedings taken adversely to the person's interest in the thing deposited that may tend to excuse the depositary from delivering the thing to the person.
History: En. Sec. 2453, Civ. C. 1895; re-en. Sec. 5142, Rev. C. 1907; re-en. Sec. 7645, R.C.M. 1921; Cal. Civ. C. Sec. 1825; Field Civ. C. Sec. 916; re-en. Sec. 7645, R.C.M. 1935; R.C.M. 1947, 20-110; amd. Sec. 2083, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-209. Notice to true owner of thing wrongfully detained

70-6-209. Notice to true owner of thing wrongfully detained.
A depositary who believes that a thing deposited with the depositary is wrongfully detained from its true owner may give the owner notice of the deposit, and if within a reasonable time afterwards the owner does not claim it and sufficiently establish a right to the thing and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom the depositary gave the notice upon returning the thing to the depositor or assuming, in good faith, a new obligation changing the depositary's position in respect to the thing to the depositary's prejudice.
History: En. Sec. 2454, Civ. C. 1895; re-en. Sec. 5143, Rev. C. 1907; re-en. Sec. 7646, R.C.M. 1921; Cal. Civ. C. Sec. 1826; Field Civ. C. Sec. 917; re-en. Sec. 7646, R.C.M. 1935; R.C.M. 1947, 20-111; amd. Sec. 2084, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-210. Depositor to indemnify depositary -- damage -- expenses

70-6-210. Depositor to indemnify depositary -- damage -- expenses.
A depositor shall indemnify the depositary for:
(1) all damage caused to the depositary by the defects or vices of the thing deposited; and
(2) all expenses necessarily incurred by the depositary about the thing, other than expenses involved in the nature of the undertaking.
History: En. Sec. 2460, Civ. C. 1895; re-en. Sec. 5145, Rev. C. 1907; re-en. Sec. 7648, R.C.M. 1921; Cal. Civ. C. Sec. 1833; Field Civ. C. Sec. 919; re-en. Sec. 7648, R.C.M. 1935; R.C.M. 1947, 20-201; amd. Sec. 2085, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-211. Depositary to deliver on demand

70-6-211. Depositary to deliver on demand.
A depositary shall deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless the depositary has a lien upon the thing deposited or has been forbidden or prevented from doing so by the real owner of the thing or by the act of the law and has given the notice required by 70-6-208.
History: En. Sec. 2450, Civ. C. 1895; re-en. Sec. 5139, Rev. C. 1907; re-en. Sec. 7642, R.C.M. 1921; Cal. Civ. C. Sec. 1822; Field Civ. C. Sec. 913; re-en. Sec. 7642, R.C.M. 1935; R.C.M. 1947, 20-107; amd. Sec. 2086, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-212. No duty to deliver without demand

70-6-212. No duty to deliver without demand.
A depositary is not bound to deliver a thing deposited without demand even where the deposit is made for a specified time.
History: En. Sec. 2451, Civ. C. 1895; re-en. Sec. 5140, Rev. C. 1907; re-en. Sec. 7643, R.C.M. 1921; Cal. Civ. C. Sec. 1823; Field Civ. C. Sec. 914; re-en. Sec. 7643, R.C.M. 1935; R.C.M. 1947, 20-108.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-213. Place of delivery

70-6-213. Place of delivery.
A depositary shall deliver the thing deposited at the depositary's residence or place of business as may be most convenient for the depositary.
History: En. Sec. 2452, Civ. C. 1895; re-en. Sec. 5141, Rev. C. 1907; re-en. Sec. 7644, R.C.M. 1921; Cal. Civ. C. Sec. 1824; Field Civ. C. Sec. 915; re-en. Sec. 7644, R.C.M. 1935; R.C.M. 1947, 20-109; amd. Sec. 2087, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 2. Rights and Duties of the Parties Generally › 70-6-214. Delivery of thing owned jointly

70-6-214. Delivery of thing owned jointly.
If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each person a proper share of the thing if it can be done without injury to the thing.
History: En. Sec. 2455, Civ. C. 1895; re-en. Sec. 5144, Rev. C. 1907; re-en. Sec. 7647, R.C.M. 1921; Cal. Civ. C. Sec. 1827; Field Civ. C. Sec. 918; re-en. Sec. 7647, R.C.M. 1935; R.C.M. 1947, 20-112; amd. Sec. 2088, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 3. Gratuitous Deposits › 70-6-301. Gratuitous deposit defined

70-6-301. Gratuitous deposit defined.
Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.
History: En. Sec. 2480, Civ. C. 1895; re-en. Sec. 5153, Rev. C. 1907; re-en. Sec. 7656, R.C.M. 1921; Cal. Civ. C. Sec. 1844; Field Civ. C. Sec. 927; re-en. Sec. 7656, R.C.M. 1935; R.C.M. 1947, 20-209.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 3. Gratuitous Deposits › 70-6-302. Degree of care required of gratuitous depositary

70-6-302. Degree of care required of gratuitous depositary.
A gratuitous depositary must use at least slight care for the preservation of the thing deposited.
History: En. Sec. 2482, Civ. C. 1895; re-en. Sec. 5155, Rev. C. 1907; re-en. Sec. 7658, R.C.M. 1921; Cal. Civ. C. Sec. 1846; Field Civ. C. Sec. 929; re-en. Sec. 7658, R.C.M. 1935; R.C.M. 1947, 20-211.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 3. Gratuitous Deposits › 70-6-303. When duties of gratuitous depositary cease

70-6-303. When duties of gratuitous depositary cease.
The duties of a gratuitous depositary cease upon the depositary's:
(1) restoring the thing deposited to its owner; or
(2) giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. However, an involuntary depositary under 70-6-103(2) may not give notice until the emergency that gave rise to the deposit is past.
History: En. Sec. 2483, Civ. C. 1895; re-en. Sec. 5156, Rev. C. 1907; re-en. Sec. 7659, R.C.M. 1921; Cal. Civ. C. Sec. 1847; Field Civ. C. Sec. 930; re-en. Sec. 7659, R.C.M. 1935; R.C.M. 1947, 20-212; amd. Sec. 2089, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-401. Applicability -- Uniform Commercial Code

70-6-401. Applicability -- Uniform Commercial Code.
The provisions of this part apply only to the extent not otherwise provided for in the Uniform Commercial Code.
History: En. 20-314 by Sec. 11-116, Ch. 264, L. 1963; R.C.M. 1947, 20-314.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-402. Deposit for hire defined

70-6-402. Deposit for hire defined.
A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.
History: En. Sec. 2490, Civ. C. 1895; re-en. Sec. 5157, Rev. C. 1907; re-en. Sec. 7660, R.C.M. 1921; Cal. Civ. C. Sec. 1851; Field Civ. C. Sec. 931; re-en. Sec. 7660, R.C.M. 1935; R.C.M. 1947, 20-301.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-403. Degree of care required of depositary for hire

70-6-403. Degree of care required of depositary for hire.
A depositary for hire must use at least ordinary care for the preservation of the thing deposited.
History: En. Sec. 2491, Civ. C. 1895; re-en. Sec. 5158, Rev. C. 1907; re-en. Sec. 7661, R.C.M. 1921; Cal. Civ. C. Sec. 1852; Field Civ. C. Sec. 932; re-en. Sec. 7661, R.C.M. 1935; R.C.M. 1947, 20-302.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-404. Rate of compensation for fraction of week or half month

70-6-404. Rate of compensation for fraction of week or half month.
In the absence of a different agreement or usage, a depositary for hire is entitled to 1 week's hire for the sustenance and shelter of living animals during any fraction of a week and to half a month's hire for the storage of any other property during any fraction of a half month.
History: En. Sec. 2492, Civ. C. 1895; re-en. Sec. 5159, Rev. C. 1907; re-en. Sec. 7662, R.C.M. 1921; Cal. Civ. C. Sec. 1853; Field Civ. C. Sec. 933; re-en. Sec. 7662, R.C.M. 1935; R.C.M. 1947, 20-303.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-405. Termination of deposit

70-6-405. Termination of deposit.
(1) In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time and by the depositary upon a reasonable notice.
(2) Notwithstanding an agreement respecting the length of time during which a deposit is to continue, it may be terminated by the depositor on paying all that would become due to the depositary in case of the deposit so continuing.
History: En. Secs. 2493, 2494, Civ. C. 1895; re-en. Secs. 5160, 5161, Rev. C. 1907; re-en. Secs. 7663, 7664, R.C.M. 1921; Cal. Civ. C. Secs. 1854, 1855; Field Civ. C. Secs. 934, 935; re-en. Secs. 7663, 7664, R.C.M. 1935; R.C.M. 1947, 20-304, 20-305.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-411. Sale to pay costs of storage

70-6-411. Sale to pay costs of storage.
(1) Any storage or commission merchant receiving personal property from any person for storage and any common carrier of goods by whom any personal property is lawfully stored before or after the transportation thereof may, after keeping the same in store for 90 days, in default of the payment of the storage or freight money on such personal property, advertise and sell the same at public auction to the highest bidder for cash, first giving notice of the time, the terms, and place of sale and a description of the property to be sold by publication in some newspaper published in the county where the property may be stored. Said notice shall be published at least once a week for 4 weeks next previous to the day of sale and shall specify the amount due on the property to be sold. When a specified time has been agreed upon between the parties for the storage of said property, the same shall not be advertised until the expiration of the time agreed upon.
(2) Should there be no newspaper published in the county where such property is stored, then notice may be given in the newspaper published nearest thereto in some other county in this state.
(3) But no more of such property shall be sold than is necessary to pay the charges due, together with the costs.
History: En. Sec. 1, p. 544, Cod. Stat. 1871; re-en. Sec. 1179, 5th Div. Rev. Stat. 1879; re-en. Sec. 1983, 5th Div. Comp. Stat. 1887; amd. Sec. 2495, Civ. C. 1895; amd. Sec. 1, p. 153, L. 1901; re-en. Sec. 5162, Rev. C. 1907; re-en. Sec. 7665, R.C.M. 1921; Cal. Civ. C. Secs. 1856, 1857; re-en. Sec. 7665, R.C.M. 1935; R.C.M. 1947, 20-306.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-412. Application of proceeds of sale

70-6-412. Application of proceeds of sale.
(1) After paying the expenses of sale, including the publication of notice, the storage or commission merchant or the carrier is authorized, out of the proceeds arising from the sale of the property, to retain the amount due the merchant or carrier for storage or freight, or both, due upon any property, and the excess, if any, must be paid over to the person entitled to the proceeds.
(2) All sales under this part vest the title to the property sold in the purchaser of the property.
History: En. Sec. 3, p. 545, Cod. Stat. 1871; re-en. Sec. 1181, 5th Div. Rev. Stat. 1879; re-en. Sec. 1895, 5th Div. Comp. Stat. 1887; amd. Sec. 2496, Civ. C. 1895; re-en. Sec. 2, p. 153, L. 1901; re-en. Sec. 5163, Rev. C. 1907; re-en. Sec. 7666, R.C.M. 1921; re-en. Sec. 7666, R.C.M. 1935; R.C.M. 1947, 20-307; amd. Sec. 2090, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 4. Deposit for Hire › 70-6-420. Repealed

70-6-420. Repealed.
Sec. 10, Ch. 222, L. 2017.
History: En. Sec. 1, Ch. 472, L. 1991; amd. Sec. 2091, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 5. Innkeepers › 70-6-501. Innkeeper's liability as to property of guests -- dollar limitation

70-6-501. Innkeeper's liability as to property of guests -- dollar limitation.
(1) An innkeeper is liable for all losses of or injuries to personal property placed by the guests under the innkeeper's care unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of someone whom the innkeeper brought into the inn.
(2) The liability provided for in subsection (1) may not exceed $500 for all personal property of each registered guest unless the innkeeper consents in writing with the guest to assume a greater liability. An innkeeper whose liability is limited shall notify the guest at the time of registration, in writing, that this limitation applies.
History: En. Sec. 2500, Civ. C. 1895; re-en. Sec. 5164, Rev. C. 1907; re-en. Sec. 7673, R.C.M. 1921; Cal. Civ. C. Sec. 1859; Field Civ. C. Sec. 936; re-en. Sec. 7673, R.C.M. 1935; amd. Sec. 1, Ch. 14, L. 1977; R.C.M. 1947, 34-101; amd. Sec. 2092, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 70. Property › Chapter 6. Bailment -- Deposit › Part 5. Innkeepers › 70-6-502. No liability without negligence

70-6-502. No liability without negligence.
A hotelkeeper or innkeeper is not liable to any guest for the loss of wearing apparel, goods, or personal effects when it appears that the loss occurred without the fault or negligence of the hotelkeeper or the innkeeper or the hotelkeeper's or innkeeper's employees.
History: En. Sec. 2510, Civ. C. 1895; re-en. Sec. 5174, Rev. C. 1907; re-en. Sec. 7681, R.C.M. 1921; re-en. Sec. 7681, R.C.M. 1935; R.C.M. 1947, 34-109; amd. Sec. 2093, Ch. 56, L. 2009.